USA Addendum

Horse Monkey U.S. Addendum

Effective date: V26.09.01

This U.S. Addendum applies with Horse Monkey's Core User Terms and, where you act as an Organiser, the Organiser Terms (together, the Base Terms). It changes the Base Terms only for U.S. use and the U.S./USEF matters stated below.

1. Who contracts with you and when this Addendum applies

(a) Horse Monkey Limited is a company incorporated in England and Wales with company number 08227088. Horse Monkey currently operates its U.S. service from the United Kingdom and does not currently contract through a separate U.S. Horse Monkey entity.

(b) For U.S. Organisers and account-manager users, the Horse Monkey contracting entity is Horse Monkey Limited.

(c) This Addendum applies when you:

• create or use a Horse Monkey Account for U.S. services;
• enter, create, administer or publish an Event in the United States;
• purchase or use a U.S. Horse Monkey service or subscription; or
• use USEF-related verification, data or results functionality through Horse Monkey.

(d) In this Addendum, Account Manager means an adult user who manages an entry, (athlete) rider, owner, trainer, coach, horse or linked profile for another person. USEF Licensed Competition means a competition licensed by USEF for which the relevant USEF functionality is permitted.

2. Priority and acceptance

(a) A signed written agreement or order with Horse Monkey takes priority to the extent it expressly varies this Addendum or the Base Terms.

(b) Subject to paragraph (a), this Addendum takes priority over the Base Terms only for the U.S. or USEF matters it expressly changes. The Organiser Data Processing Schedule continues to apply to processing governed by it unless a U.S. data-processing schedule expressly replaces or supplements it.

(c) A U.S. user must affirmatively accept the applicable Core User Terms and this Addendum at the Account-creation stop wall and again at the booking-completion stop wall where the Addendum applies to that booking.

(d) An Organiser must not publish a U.S. Event until an individual who is at least 18 and has authority to bind the Organiser has affirmatively accepted the applicable Organiser Terms and this Addendum and has been given access to the applicable Pricing Information.

(e) Horse Monkey may retain records of the applicable Terms/Addendum version, the applicable Pricing Information version where relevant to a paid plan or charge, user or Account identifier, timestamp and relevant booking/Event action to evidence acceptance. Product implementation must provide the notice and assent required by applicable law.

3. Horse Monkey's service and the Organiser's Event

(a) Horse Monkey provides technology for Event entry, Event/show management, start lists and times, results, account and Event administration, governing-body and membership validation, results integrations and payment integration.

(b) Except where an Event page expressly identifies Horse Monkey as the Organiser, Horse Monkey does not organise, own, control or operate the Event.

(c) The Organiser is responsible for the Event and Event-specific decisions, including:

• Event information, classes and eligibility;
• venue, safety, safeguarding and Event operation;
• governing-body and competition rules;
• cancellation, postponement or material changes;
• Event prices and Event refund policy;
• Event-related refunds and chargebacks;
• results accuracy and required Event records;
• prizes and prize payments; and
• taxes, permits, insurance and other legal requirements applying to the Event or Organiser.

(d) Horse Monkey is responsible for the technology and services it actually supplies. Nothing in this Addendum excludes responsibility for Horse Monkey's own breach, negligence or unlawful conduct.

4. Accounts, linked profiles and minors

(a) You must be at least 18 to create a Horse Monkey Account. A minor must not create or operate their own Horse Monkey Account.

(b) An adult Account Manager may create and manage an entry or linked profile for a minor. The Account Manager is responsible for the minor’s information provided through Horse Monkey and must have the authority required to provide, manage and use that information for the relevant Event or governing-body purpose.

(c) The Account Manager must ensure that information provided about a minor is accurate and that any permission, consent or authority required from a parent, legal guardian, Event organiser or governing body has been obtained.

(d) Horse Monkey may process the minor’s information provided by the Account Manager to provide the requested booking, Event, account-management and governing-body functionality, as explained in the applicable Privacy Notice.

(e) If Horse Monkey becomes aware that personal information is being provided directly by a child under 13 rather than through an authorised adult, Horse Monkey may restrict the relevant functionality and take any steps required by applicable child-privacy law.

5. Prices, the HM Booking Fee, Stripe and taxes

(a) Current U.S. Horse Monkey subscription prices, booking fees, complimentary/manual booking charges, plan-specific offline/non-Stripe settlement charges and addition/amendment charges are set out in the applicable Pricing Information. The applicable rate is the rate stated for the chargeable activity when it is processed, subject to any fixed-term price or notice protection in the Base Terms, this Addendum or a signed written order.

(b) Horse Monkey always charges the HM Booking Fee to the Organiser. The Organiser remains responsible for paying that fee to Horse Monkey. The Organiser may absorb the cost or include an amount reflecting that cost in the price charged to the person making the booking. If the cost is passed on, it must be included in the total price and disclosed at the time and with the prominence required by applicable law. The purchaser does not owe the HM Booking Fee directly to Horse Monkey.

(c) The HM Booking Fee is charged for Horse Monkey's booking and payment service, including processing and recording the booking and payment, providing the associated booking and transaction records and, where a refund is later made through Horse Monkey, providing the secure payment functionality used to process that refund. The fee is incurred when the booking and payment have been successfully processed and the booking confirmation has been made available.

(d) Once incurred, the HM Booking Fee is not refundable merely because the related Event, class, ticket or other booked service is later cancelled, changed or refunded. Processing a later refund through Horse Monkey does not reverse the booking and payment service already provided. Horse Monkey will refund the Booking Fee where Horse Monkey failed to provide that service, the booking or payment was not successfully processed, the fee was charged incorrectly or applicable federal, state or local law requires a refund.

(e) Stripe is Horse Monkey's payment provider. Event payments use Stripe Standard Connect and are processed on the Organiser's own Standard connected Stripe account. The Organiser maintains its independent relationship with Stripe and is responsible for its Stripe information and Event finances. Card details are collected by Stripe through Stripe Checkout and are not received or stored by Horse Monkey.

(f) Horse Monkey uses Stripe's application-fee functionality to collect the applicable HM Booking Fee and other Horse Monkey fees as part of an Event transaction. This does not make Horse Monkey the supplier or operator of the Event. Nothing in this Addendum describes Horse Monkey as a money transmitter or other regulated payment provider, and any technical or legal payment characterisation must remain consistent with the implemented Stripe model and applicable law.

(g) The Organiser is responsible for taxes applying to the Event, Event sales, prizes and its own business. Horse Monkey is responsible for taxes legally imposed on Horse Monkey. Any sales, use or similar tax that Horse Monkey is legally required to charge will be disclosed or charged as required by law.

6. Event cancellations, refunds and chargebacks

(a) The Organiser decides whether an Event is cancelled, postponed or materially changed and is responsible for communicating the Event position and complying with its published policy and applicable law.

(b) The Organiser is financially responsible for Event-related refunds. Horse Monkey may provide refund-processing functionality and may process a refund authorised by the Organiser or reasonably required by law, payment-scheme rules, fraud or an HM processing error.

(c) Refunds relating to an HM product subscription are Horse Monkey's responsibility and are separate from Event refunds.

(d) The Organiser is financially responsible for Event-related chargebacks and payment disputes except to the extent caused by Horse Monkey's breach or processing error. Stripe will ordinarily debit the disputed amount and any applicable dispute fee from the Organiser's connected Stripe account, and the Organiser is responsible for monitoring that account and providing evidence to Stripe where it wishes to contest the dispute. If Horse Monkey actually incurs or pays an amount for which the Organiser is responsible, Horse Monkey may invoice the Organiser for that amount. A valid invoice under this clause is payable within 15 days of issue. Horse Monkey will not recover the same amount twice.

(e) Nothing in this Addendum removes a non-waivable consumer or payment-network right.

7. U.S. subscriptions and recurring charges

(a) Before you start an automatically renewing Horse Monkey subscription, we will clearly show the subscription price, billing frequency, any free or discounted trial period, when charging begins, that the subscription renews automatically until cancelled, and how to cancel.

(b) We will obtain the affirmative consent required by applicable law before making recurring charges.

(c) You may cancel through the cancellation function available in your Account or another simple cancellation method provided when you subscribe. If you subscribe online, you may cancel online without being required to contact a representative first.

(d) Cancellation stops future renewals. It does not automatically refund a subscription period already paid for, except where these Terms or applicable law require a refund.

(e) We will provide renewal, trial, price-change or other subscription notices where required by applicable law.

8. U.S. privacy, data and security

8.1 Horse Monkey's privacy role

Horse Monkey collects and uses personal information to provide and operate the Services, including Accounts, bookings, payments, Event administration, subscriptions, governing-body functionality, support and related services.

Horse Monkey's Privacy Notice explains the categories of personal information we collect, why we use it, who we disclose it to, how long we keep it and how to exercise applicable privacy rights.

8.2 Sale and targeted advertising

Horse Monkey does not sell personal information.

Horse Monkey does not use Event information, information about minors, health information or disability information for targeted advertising.

Where applicable U.S. law gives you additional rights concerning the sale, sharing or use of personal information for targeted advertising, Horse Monkey will provide those rights where they apply.

8.3 Sensitive information

Horse Monkey may process health, disability or other sensitive information where it is required for a booking, Event, governing-body requirement or another Service requested through Horse Monkey.

Horse Monkey will use sensitive information only for the relevant Service and other purposes permitted by applicable law and will obtain consent where applicable law requires it.

We do not use health, disability or other sensitive Event information for targeted advertising.

8.4 Minors

A Horse Monkey Account must be created and operated by an adult.

Where an adult Account Manager provides or manages information about a minor, the Account Manager must have the authority required to provide and manage that information and must obtain any permission or consent required from the minor's parent or legal guardian.

Horse Monkey may process the minor's information to provide the booking, Event, account-management or governing-body functionality requested by the Account Manager.

If Horse Monkey becomes aware that personal information is being provided directly by a child under 13 rather than through an authorised adult, Horse Monkey may restrict the relevant functionality and take any steps required by applicable child-privacy law.

8.5 Privacy rights

Depending on applicable U.S. law, you may have rights to:

• know or access personal information held about you;
• correct inaccurate personal information;
• request deletion of personal information;
• obtain a portable copy of certain personal information;
• withdraw consent where processing depends on consent;
• limit certain uses of sensitive personal information; or
• appeal a decision relating to a privacy request where applicable law provides that right.

The Privacy Notice explains how to make a privacy request.

Horse Monkey will not unlawfully discriminate against you for exercising an applicable privacy right.

8.6 Organiser information

An Organiser is responsible for the personal information it collects or uses for its own Event purposes, including its Event privacy information and the lawfulness of its instructions to Horse Monkey.

Where Horse Monkey processes personal information solely on behalf of an Organiser and applicable U.S. privacy law treats the Organiser as a controller or business and Horse Monkey as a processor, service provider or contractor, Horse Monkey will:

• process that information for the agreed Services and in accordance with the Organiser's lawful instructions;
• maintain appropriate confidentiality and security;
• assist with applicable privacy-rights requests where reasonably required;
• require relevant subprocessors to protect the information consistently with applicable law; and
• delete, return or retain the information as required by the applicable agreement and law.

Horse Monkey may process information for its own legitimate platform, legal, security, fraud-prevention, accounting and compliance purposes where Horse Monkey determines those purposes independently and applicable law permits that processing.

8.7 U.S. health-data laws

Some U.S. states provide additional protection for consumer health information.

Where a U.S. consumer-health-data law applies to information processed through Horse Monkey, Horse Monkey will provide any additional notice, consent, access, deletion or other protection required by that law.

Horse Monkey does not sell consumer health information or use it for targeted advertising.

8.8 International processing

Horse Monkey Limited is established in the United Kingdom.

Personal information relating to U.S. users may therefore be accessed or processed in the United Kingdom and in other countries in which Horse Monkey's approved service providers operate.

Horse Monkey will apply the privacy, security and international-transfer protections required by applicable law to that processing.

8.9 Security

Horse Monkey will maintain reasonable technical and organisational measures appropriate to the nature of the personal information and the Services.

Users and Organisers must keep their Account credentials secure and notify Horse Monkey promptly if they become aware of unauthorised access to an Account or personal information through their use of the Services.

Where Horse Monkey becomes aware of a personal-data breach or security incident requiring notification under applicable law, Horse Monkey will take the steps required by that law.

8.10 State privacy laws

U.S. privacy rights and obligations vary by state. Where a state privacy law applies to Horse Monkey or to particular processing through the Services, Horse Monkey will comply with the mandatory requirements of that law. Nothing in these Terms limits a privacy right that cannot lawfully be limited.

9. Price transparency and consumer rights

(a) Horse Monkey displays Event prices and applicable charges on the Event detail page and shows the applicable total price again during the booking process before payment.

(b) The total price will include mandatory charges known and capable of being calculated at that stage, except amounts that applicable law permits to be shown separately.

(c) If an Organiser passes on an amount reflecting Horse Monkey's Booking Fee, that amount will be included in the pricing shown to the customer before payment. The charges may also be itemised so that the customer can see what each amount relates to.

(d) Organisers must provide Horse Monkey with accurate Event prices, fees and other information required to display the correct price.

(e) Where a booking or ticket is subject to additional federal, state or local price-transparency requirements, Horse Monkey and the Organiser must comply with those requirements.

(f) Nothing in these Terms limits a consumer right that cannot lawfully be limited.

10. Liability, indemnities and dispute terms

(a) The liability provisions in the Base Terms continue to apply to U.S. use except where this Addendum expressly changes them or applicable law requires otherwise.

(b) Nothing in the Base Terms or this Addendum excludes or limits liability that cannot lawfully be excluded or limited.

(c) A consumer is not required to give Horse Monkey a broad indemnity merely because they use the U.S. Services. Horse Monkey remains responsible for its own acts and omissions as provided in the Base Terms and applicable law.

(d) Where you act as an Organiser or business Account Manager, the liability and indemnity provisions in the Organiser Terms continue to apply.

(e) The USEF indemnity in Schedule 1 applies only to an Organiser or Account Manager acting for business, professional, club or organisational purposes and only to the extent the relevant claim is caused by the matters stated in that Schedule.

11. Governing law and jurisdiction

(a) The Base Terms, this Addendum and any dispute or claim arising from them or the Services are governed by the laws of England and Wales.

(b) If you are an Organiser or use the Services for business, professional, club or organisational purposes, the courts of England and Wales have exclusive jurisdiction over any dispute or claim arising from the Base Terms, this Addendum or the Services.

(c) If you are a consumer, the courts of England and Wales have jurisdiction, but this does not prevent you from bringing proceedings in another court where applicable law gives you a mandatory right to do so.

(d) Nothing in this section removes or limits any mandatory right or protection that applies to you under U.S. federal or state law and cannot lawfully be excluded by agreement.

12. General

(a) If a part of this Addendum is unlawful or unenforceable, the remainder continues to apply to the extent permitted by law.

(b) Horse Monkey may change or restrict a U.S. or governing-body feature where reasonably necessary to comply with law, security requirements, a governing-body agreement or a third-party system change. Where reasonably practicable, HM will give notice of a material change affecting an ongoing paid service.

(c) Operational instructions — including how to connect Stripe, issue refunds, validate a USEF record, amend a booking or publish an Event — are provided through Horse Monkey product guidance or the Help Centre and do not alter the responsibility allocation in these Terms.

Schedule 1 — USEF functionality and USEF data

This Schedule applies when you use Horse Monkey functionality that accesses, verifies, validates, augments, imports, displays or submits information through the United States Equestrian Federation (USEF) API or in connection with a USEF Licensed Competition.

1. USEF framework

(a) USEF Data means USEF membership information, competition results from USEF-licensed competitions and horse-identifying information made available to Horse Monkey through the USEF API.

(b) USEF retains its rights in USEF Data and the USEF API. Your use of Horse Monkey does not give you ownership of USEF Data or direct access rights to the USEF API.

(c) USEF functionality is a restricted integration. It is not a general member-search, marketing, profiling, resale or data-extraction service.

2. Permitted purposes and authority

(a) USEF functionality may be used only through Horse Monkey's intended features and only for a permitted rider, account-management, competition-entry, Event-administration, validation or results workflow connected with USEF members or USEF Licensed Competitions.

(b) If you request a USEF verification, validation or import for yourself, you confirm that the information you provide is accurate to the best of your knowledge and that you are using the feature for a permitted purpose.

(c) If you request or manage USEF verification for another person, owner, rider, horse or linked profile, you confirm that you have appropriate authority to do so.

(d) An Organiser confirms that each Event for which it enables or uses USEF-restricted functionality is a USEF Licensed Competition or another workflow expressly permitted by USEF/Horse Monkey.

(e) The Organiser is responsible for its staff, officials, volunteers, contractors and authorised sub-users who use USEF functionality through the Organiser's Account.

(f) Where USEF or Horse Monkey requires a user to hold a particular membership, role or account status before a feature can be used, you must satisfy that requirement. The exact verification steps belong in product guidance rather than these Terms.

3. Prohibited USEF uses

You must not:

• bypass or attempt to bypass Horse Monkey's access controls or use USEF functionality outside the workflows made available to you;
• extract, copy or compile USEF Data outside the information and functionality made available through an authorised Horse Monkey workflow;
• sell, resell, rent, sublicense or commercially redistribute USEF Data;
• use USEF Data for unrelated marketing, profiling or advertising;
• use USEF functionality for an unlicensed or unauthorised Event or unrelated search; or
• use or reproduce USEF names, marks or other protected material except where separately authorised.

4. Accuracy, eligibility and results

(a) USEF Data and the USEF API are supplied by USEF. They may be incomplete, unavailable, delayed or inaccurate. Horse Monkey does not guarantee USEF Data, API availability or a USEF eligibility or membership decision.

(b) You must review relevant information before relying on it for an entry, eligibility decision or results submission. A successful technical match or validation is not a guarantee that USEF or the Organiser will accept a person, horse, entry or result.

(c) The Organiser is responsible for checking the accuracy and completeness of competition results and required Event records before submission and for complying with applicable USEF result-submission rules and deadlines. Horse Monkey provides transmission functionality where implemented but does not replace the Organiser's responsibility for the source Event data.

(d) Horse Monkey may display neutral mismatch, unavailable or manual-review messages and may require correction or additional confirmation before a workflow continues.

5. Security, incidents and cooperation

(a) Keep Horse Monkey and USEF-related credentials secure. Do not share credentials or enable access outside the authorised Account and Event context.

(b) Notify Horse Monkey promptly at hello@horsemonkey.com if you suspect:

• an unauthorised USEF lookup, access or disclosure through your Account;
• compromised Horse Monkey Account credentials;
• incorrect or mismatched USEF Data that creates a material risk;
• attempted circumvention of Horse Monkey's USEF access controls; or
• another security or privacy incident involving USEF functionality.

(c) You must reasonably cooperate with Horse Monkey in investigating and containing an incident that arises from your Account, Event or personnel, including preserving relevant information and identifying affected users or records where reasonably required.

6. Suspension, changes and termination of USEF functionality

(a) Horse Monkey may restrict, suspend, audit, require re-acceptance for or disable USEF functionality where reasonably necessary because of:

• a USEF requirement or API change;
• suspected unauthorised use;
• a security or privacy issue;
• a legal or regulatory requirement;
• an insurance requirement affecting HM's USEF access; or
• termination or restriction of Horse Monkey's USEF rights.

(b) If Horse Monkey's USEF access ends or USEF requires return/destruction, Horse Monkey may remove, restrict, return or securely delete USEF-sourced information from active systems as required, subject to permitted legal, regulatory, audit, security, backup or dispute-retention exceptions.

(c) Paragraph (b) does not automatically require deletion of information independently provided by a user or Organiser merely because it was previously checked against USEF, unless that information is itself subject to USEF rights or another legal deletion requirement.

(d) Horse Monkey does not promise that USEF functionality will remain available for the full life of an Event or subscription. Where the USEF agreement allows a transition for existing competitions, HM may provide that transition but is not required to provide functionality beyond the rights USEF permits.

7. Organiser / business Account Manager indemnity

(a) This clause applies only where you are an Organiser or an Account Manager acting for business, professional, club or organisational purposes.

(b) You will indemnify Horse Monkey against reasonable losses, liabilities, damages and costs resulting from a third-party or USEF claim to the extent caused by:

• your materially false statement that you had authority to access, verify or manage another person's or horse's information;
• personal information, Event information or results supplied by you that you did not have the right to provide or that you unlawfully disclosed;
• your use of USEF-related information made available through Horse Monkey for an unauthorised purpose; or
• your deliberate circumvention or attempted circumvention of Horse Monkey's technical restrictions or access controls relating to USEF functionality.

(c) This indemnity does not apply to the extent the claim is caused by Horse Monkey's own breach, negligence, security failure, technical failure or unlawful conduct.

(d) The claim procedure in the Organiser Terms applies to this indemnity.

8. Insurance

(a) Any insurance Horse Monkey is required to maintain under its own agreement with USEF remains Horse Monkey's responsibility. It does not make Horse Monkey the insurer of an Organiser's Event.

(b) The Organiser is responsible for maintaining any insurance required by applicable law, venue arrangements, governing-body rules or the nature of its Event.

(c) This Addendum does not impose HM's upstream USEF insurance requirement on ordinary users, Account Managers or Organisers merely because they use Horse Monkey.

V26.09.01