Terms & Conditions
TERMS AND CONDITIONS OF SERVICE
Last updated: September 2024
These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with the http://www.herdwatch.com website and Herdwatch application (the “Service”) operated by Herdwatch Inc. (“Herdwatch”, “us”, “we”, or “our”).
Please read these Terms and Conditions carefully before using our websites and Herdwatch application (the “Service”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
1. Provision of the Service and How to Contact Us
Herdwatch provides an application named “Herdwatch” (the “Application”) which allows users to upload digital content concerning their farm, livestock, and herd records (the “Content”) to the cloud using their smartphone or computer or other such device (the “Service”).
Full contact details for Herdwatch are as follows:
Registered Address: Willow Centre Dr Ste D Houston, TX 77066
Contact Address: As above
Company Registration Number: 12828
Email Address: howdy@herdwatch.com
Telephone Number: +1 979-612-2913
2. Licenses Granted
Herdwatch grants you a non-exclusive, revocable, non-sub-licensable, non-transferable license to use the Application. You acknowledge that all copyrights, database rights, website design, trade and service marks, logos and/or names, design rights, know-how, and other intellectual property rights (whether registered or not) belong to Herdwatch (or applicable licensors) and may not be used without prior written consent from Herdwatch.
You grant Herdwatch a non-exclusive, transferable, revocable, sub-licensable, royalty-free worldwide license to use the Content subject to the terms and conditions of this Agreement.
3. Privacy Policy and Data Protection
Our Privacy Policy is available at www.herdwatch.com/privacy-policys.
4. Warranties and Indemnity
Herdwatch warrants that it will use reasonable skill and care in the provision of the Service but makes no warranty that the Application and/or Site is free from viruses or anything else that has contaminating or destructive properties. It is your responsibility to adopt appropriate security measures such as backups and firewalls.
You warrant that you are the owner or licensee of any Content you upload and that the Content does not infringe upon third-party rights, violate laws, or include harmful content such as viruses.
You agree to fully indemnify Herdwatch against all claims, liabilities, costs, and expenses arising out of your use of the Service or any breach of this Agreement.
5. Service Availability and Limitation of Liability
The Service is provided “as is” without warranties. Herdwatch reserves the right to modify, withdraw, suspend, or restrict the availability of the Service without notice. We are not liable for data corruption or failed uploads due to internet connectivity issues. Herdwatch advises verifying any uploaded content for accuracy.
Herdwatch is not responsible for maintaining equipment or services needed to access the Service, such as hardware, software, or internet connectivity.
To the maximum extent permitted by US law, Herdwatch is not liable for indirect, special, or consequential damages, loss of profits, data loss, or similar damages, with liability limited to the amount you paid for the Service in the preceding 12 months.
6. Storage of Content
While Herdwatch uses a third-party cloud storage provider employing secure technology, Herdwatch is not solely responsible for storing or backing up your Content. We recommend that you make independent arrangements for backups.
7. Notices
All notices should be sent to Herdwatch via e-mail at info@herdwatch.com or by post to the registered US address under Clause 1.
8. Links
The Service may contain links to third-party websites. Herdwatch is not responsible for the content or availability of these sites. Use of third-party websites is at your own risk.
9. Purchases, Subscriptions, and Accounts
Purchases:
If you purchase a product or service through the Service, you may need to provide payment card information. You represent that the information is accurate and that you have the legal right to use the payment method provided. Herdwatch reserves the right to refuse or cancel orders for reasons including but not limited to product availability, errors, or suspected fraud.
Subscriptions and Billing:
Subscriptions are billed on a recurring basis, either monthly or annually, depending on your selected plan. Your subscription will automatically renew unless canceled before the renewal date. A valid payment method is required, and by providing such information, you authorize us to charge for fees incurred.
Fee and Billing Cycle Changes:
Herdwatch may change subscription fees or billing cycles by providing reasonable notice. Continued use after the change constitutes agreement to the new terms.
Refunds:
Refund requests are considered on a case-by-case basis. Please refer to our Refund Policy for more details.
10. Termination
Herdwatch may terminate your access to the Service at any time if you breach this Agreement. Payment may only be made via credit card or debit card.
11. Dispute Resolution
In the event of a dispute, the parties will attempt to resolve it informally. If unresolved, it may be referred to mediation through the American Arbitration Association (AAA). If mediation fails, the dispute may be submitted to the exclusive jurisdiction of the courts of the state of Houston, USA.
12. General and Applicable Law
This Agreement constitutes the entire agreement between you and Herdwatch. Any failure to enforce rights under this Agreement does not waive those rights.
This Agreement is governed by the laws of the United States and the state of Houston. All disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the courts of Houston.
13. Changes
Herdwatch reserves the right to modify these Terms at any time. If a material change occurs, we will provide notice at least 30 days before the new terms take effect. Continued use of the Service following revisions indicates agreement to the new terms.