Terms and Conditions
Last updated: [Date — set upon publication]
Effective as of: [Date — set upon publication]
Agreement Between User and dapplebarn.com
Welcome to dapplebarn.com. The dapplebarn.com website (the “Site”) is comprised of various web pages operated by Gold and Grace LLC, a North Carolina limited liability company, doing business as Dapplebarn (“Dapple,” “we,” “us,” or “our”). dapplebarn.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of dapplebarn.com constitutes your agreement to all such Terms. You accept these Terms by checking a box or clicking a button indicating your acceptance, or by creating an account or otherwise using the Site. Please read these Terms carefully, and keep a copy of them for your reference.
dapplebarn.com is an e-commerce site. Dapple provides a website builder and barn management tool for equine barn owners, including scheduling, client management, and related features offered on free and paid subscription plans.
Electronic Communications
Visiting dapplebarn.com or sending emails to Dapple constitutes electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and devices, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Dapple is not responsible for third-party access to your account that results from theft or misappropriation of your account. Dapple and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Eligibility and Children
The Site is intended for use by adults who are at least 18 years of age. By using the Site and creating an account, you represent that you are at least 18 years old. If you are under 18, you may use the Site only under the supervision, and with the permission, of a parent or legal guardian who agrees to be bound by these Terms.
We do not knowingly permit children under the age of 13 to create accounts or to submit personal information directly to us, and we do not knowingly collect personal information directly from children under 13. Our services are directed to barn owners, operators, and adult account holders — not to children.
Family accounts and child information (COPPA).
A parent or legal guardian may create a family account and, at the parent or guardian’s election, add limited information about their own minor child (such as the child’s name and an emergency contact) solely so the parent or guardian can schedule lessons and manage barn activities for that child. In these cases:
- The information is provided, entered, and controlled by the parent or guardian through the parent or guardian’s own account — not collected by us directly from the child.
- By adding a child’s information to a family account, the parent or guardian represents that they are the child’s parent or legal guardian and consents to Dapple’s processing of that information for the purposes described above. Where verifiable parental consent is required under the Children’s Online Privacy Protection Act (“COPPA”) and its implementing Rule (as amended effective April 22, 2025), Dapple will obtain such consent using a method permitted by the COPPA Rule before collecting a child’s personal information, and will provide any direct parental notice required by the COPPA Rule.
- We do not request or require a child’s date of birth, age, photograph, or other unnecessary personal information, and we do not condition the child’s participation on the disclosure of more personal information than is reasonably necessary.
- Dapple retains a child’s information only for as long as reasonably necessary to provide the service requested by the parent or guardian, and deletes it when it is no longer needed for that purpose or upon the parent or guardian’s request.
- A parent or guardian may review, update, or delete their child’s information at any time through their account, or by contacting us using the information at the end of these Terms. Upon a parent or guardian’s request, we will delete the child’s information and cease any further use of it.
If you are a parent or guardian and you believe your child has provided personal information to us without your consent, please contact us using the information at the end of these Terms and we will take reasonable steps to remove that information. For more detail on how we handle personal information, please review our Privacy Policy.
Children’s information processed on behalf of barns.
When a barn owner or other account holder (referred to as “you” in this paragraph) uses the Site to manage information about a minor — such as a child that a parent has added to a family account at your barn — you act as the party responsible for that information, and Dapple acts solely as your service provider and processor. You represent and warrant that, before directing Dapple to process a child’s information, you have provided all notices and obtained all parental consents required by applicable law, including the Children’s Online Privacy Protection Act (“COPPA”), and that you will maintain records of those consents. You remain responsible for your own intake, membership, and waiver processes for minors. Dapple, in turn, will: (a) process children’s information only to provide the Site’s services to you and in accordance with your instructions and this Agreement; (b) not use children’s information for its own purposes, and not disclose it to third parties except as needed to provide the service or as required by law; (c) limit the children’s information it collects to what is reasonably necessary to provide the service (for example, a child’s name); and (d) maintain reasonable confidentiality, information-security, and data-retention and deletion practices for that information, as further described in our Privacy Policy.
Subscriptions, Fees, and Payment
Dapple offers both free and paid subscription plans, and may offer optional paid add-on features. Certain features of the Site are available only on a paid plan or as a paid add-on.
- Fees. The fees, billing frequency (for example, monthly or annual), and features for each plan and add-on are described at the point of purchase. By selecting a paid plan or add-on, you authorize Dapple and its third-party payment processor to charge the applicable fees to your designated payment method.
- Payment processing. Payments are processed by a third-party payment processor. Your use of that processor is subject to its terms and privacy policy, in addition to these Terms. Dapple does not store full payment card numbers.
- Auto-renewal. Unless otherwise stated at purchase, paid subscriptions automatically renew for successive billing periods at the then-current rate until cancelled. You may cancel a subscription at any time through your account settings or by contacting us; cancellation takes effect at the end of the current billing period.
- Changes to pricing. Dapple may change its fees and plans. We will provide reasonable advance notice of any fee change that affects an existing paid subscription, and the change will apply no earlier than your next renewal.
- Refunds. Except where required by applicable law, fees are non-refundable and there are no refunds or credits for partial billing periods or unused features.
- Taxes. Fees are exclusive of applicable taxes, which you are responsible for paying.
Privacy
Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference and available at https://dapplebarn.com/privacy. The Privacy Policy describes what information we collect, how we use it, and the choices available to you. By using the Site, you consent to the collection and use of information as described in the Privacy Policy.
Links to Third-Party Sites / Third-Party Services
dapplebarn.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Dapple, and Dapple is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Dapple is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Dapple of the site or any association with its operators.
Certain services made available via dapplebarn.com are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the dapplebarn.com domain, you hereby acknowledge and consent that Dapple may share such information and data with any third party with whom Dapple has a contractual relationship to provide the requested product, service, or functionality on behalf of dapplebarn.com users and customers.
No Unlawful or Prohibited Use / Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use dapplebarn.com strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to Dapple that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Dapple or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Dapple content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal or internal business use, and will make no other use of the content without the express written permission of Dapple and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Dapple or our licensors except as expressly authorized by these Terms.
User Content and Copyright Complaints (DMCA)
You may be able to post, upload, or submit content through the Site, including text, images, and other materials (“User Content”). You retain ownership of your User Content. By submitting User Content, you grant Dapple a non-exclusive, worldwide, royalty-free license to host, store, reproduce, and display that User Content solely as necessary to operate and provide the Site to you. You represent that you own or have the necessary rights to your User Content and that it does not infringe the rights of any third party.
Dapple respects the intellectual property rights of others and expects users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that content on the Site infringes your copyright, please send a written notice to our designated agent that includes:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing and its location on the Site;
- Your contact information, including your name, address, telephone number, and email address;
- A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and
- A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.
Notices should be sent to our designated agent at the contact information at the end of these Terms. Dapple may, in appropriate circumstances and in its discretion, remove or disable access to allegedly infringing material and terminate the accounts of repeat infringers.
International Users
The service is controlled, operated, and administered by Dapple from our offices within the USA. If you access the service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Dapple content accessed through dapplebarn.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Indemnification
You agree to indemnify, defend, and hold harmless Dapple, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any User Content or postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. Dapple reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Dapple in asserting any available defenses.
Dispute Resolution and Arbitration
Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.
Informal resolution first. Before starting an arbitration, you and Dapple agree to try to resolve the dispute informally. You agree to contact us using the information at the end of these Terms and give us 30 days to resolve the dispute before initiating arbitration.
Agreement to arbitrate.In the event the parties are not able to informally resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity, then, except for the exceptions below, such dispute shall be resolved by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect. The arbitration may be conducted in North Carolina or, at your election, in the county where you reside, or by telephone or video where permitted by the AAA rules. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this provision, which shall survive termination of these Terms.
Exceptions — small claims and injunctive relief. Notwithstanding the above, either party may (a) bring an individual claim in a small claims court of competent jurisdiction if the claim qualifies, and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.
Your right to opt out. You may opt out of this agreement to arbitrate. If you do not wish to be bound by it, you must notify Dapple in writing within 30 days of the date you first accept these Terms (or, for existing users, within 30 days of the effective date of this version) by sending your name and a clear statement that you wish to opt out of arbitration to the contact address at the end of these Terms. Opting out will not affect any other part of these Terms, and it will not affect any prior arbitration agreement between you and Dapple.
Arbitration fees.Payment of all filing, administration, and arbitrator fees will be governed by the AAA Consumer Arbitration Rules. For any arbitration you initiate as a consumer, Dapple will pay the portion of the filing, administration, and arbitrator fees that exceeds the amount you would have paid to file a comparable claim in court, unless the arbitrator determines that your claim was frivolous. Each party is otherwise responsible for its own attorney’s fees, except where a statute or the arbitrator awards them.
Minors and family accounts. Where an account is used on behalf of a minor, this dispute-resolution section binds the adult parent or guardian who created and controls the account, and is agreed to by that adult on their own behalf. Nothing in this section is intended to waive any right of a minor that cannot be waived under applicable law.
Class Action Waiver
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Dapple agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DAPPLEBARN AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
DAPPLEBARN AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. DAPPLEBARN AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DAPPLEBARN AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF DAPPLEBARN OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Service Availability, Backups, and Your Data
Dapple strives to keep the Site available and your data secure, but we do not guarantee that the Site will be uninterrupted, error-free, or available at any particular time. The Site is provided on an “as available” basis, and we may modify, suspend, or discontinue all or part of the Site, including for maintenance, at any time.
We perform routine backups of Site data as part of our normal operations; however, we do not guarantee that any particular data will be retained or recoverable, and you are responsible for maintaining your own copies of information that is important to you. Following termination or cancellation of your account, we may retain or delete your data in accordance with our Privacy Policy and applicable law. If you need to export your data, you should do so before your account is terminated or cancelled.
Termination / Access Restriction and Governing Law
Dapple reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. Without limiting the foregoing, we may suspend or terminate your account or access to the Site immediately, with or without notice, if we reasonably believe that you have: (a) violated these Terms or any applicable law; (b) engaged in fraudulent, abusive, or deceptive conduct; (c) created a security risk to the Site, to us, or to other users; or (d) engaged in conduct that could subject Dapple to liability or harm its reputation or operations. In such cases, you will not be entitled to any refund of prepaid fees, except where prohibited by applicable law.
To the maximum extent permitted by law, this Agreement is governed by the laws of the State of North Carolina, where Gold and Grace LLC is organized and maintains its principal place of business, without regard to its conflict-of-law provisions. Subject to the Dispute Resolution and Arbitration section above, you hereby consent to the exclusive jurisdiction and venue of the state and federal courts located in North Carolina in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Dapple as a result of this Agreement or use of the Site. Dapple’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Dapple’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Dapple with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect.
Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and Dapple with respect to the Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Dapple with respect to the Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this Agreement and all related documents be written in English.
Changes to Terms
Dapple reserves the right, in its sole discretion, to change the Terms under which dapplebarn.com is offered. The most current version of the Terms will supersede all previous versions. Dapple encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Dapple welcomes your questions or comments regarding the Terms, and this is also our designated contact for parental/COPPA requests, arbitration opt-out notices, and copyright (DMCA) notices:
Gold and Grace LLC, d/b/a Dapplebarn4030 Wake Forest Road, Ste 349
Raleigh, North Carolina 27609
Email: support@dapplebarn.com
See also our Privacy Policy.