These Terms and Conditions (the "Terms") govern access to and use of the farm management mobile application, web application, related software, websites, dashboards, data tools, content, support services, and any associated features (collectively, the "App") provided by AGtrack LLC, a Kentucky Limited Liability Company ("Company," "we," "us," or "our").
By creating an account, clicking "I agree," downloading, accessing, subscribing to, or using the App, the person or entity using the App ("User," "you," or "your") agrees to be bound by these Terms. If you use the App on behalf of a ranch, farm, business, cooperative, employer, or other organization, you represent that you have authority to bind that organization, and "you" includes that organization.
These Terms are intended for use with an affirmative online acceptance flow. U.S. federal law recognizes electronic records and signatures in interstate commerce under the Electronic Signatures in Global and National Commerce Act, including 15 U.S.C. § 7001.
Account means the registered profile used to access the App.
Authorized User means any employee, contractor, family member, agent, advisor, veterinarian, nutritionist, consultant, or other person whom you authorize to access or use the App under your Account.
Farm Data means data, information, records, files, images, notes, metrics, and other materials entered, uploaded, generated, transmitted, or stored through the App relating to livestock, herds, farms, ranches, operations, facilities, equipment, breeding, calving, vaccinations, treatments, weights, movements, inventory, feed, production, performance, or management activities.
Personal Information means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked with an individual, including names, contact details, location information, billing information, payment-related information, account credentials, device identifiers, and communications with us.
Services means the App and all subscriptions, support, hosting, analytics, integrations, updates, and other services we make available in connection with the App.
Subscription Plan means the paid or free plan selected by you, including applicable usage limits, features, billing period, fees, and renewal terms.
User Content means all content, data, text, images, files, records, messages, and other materials submitted to or through the App by you or your Authorized Users, including Farm Data and Personal Information.
The App is a farm management technology tool designed to help farmers, ranchers, and livestock managers record, organize, monitor, and manage livestock and herd-related information. The App may include features for animal identification, herd inventory, breeding and calving records, weight and performance tracking, health and treatment logs, vaccination schedules, grazing or pasture records, task reminders, reports, analytics, location-based tools, and integrations with third-party devices or services.
Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the App solely for your internal farm, ranch, or business operations during the applicable subscription period.
You are responsible for determining whether the App is suitable for your particular operation, livestock, facilities, management practices, legal obligations, veterinary requirements, and business needs. The App is a recordkeeping and management tool only and is not a substitute for professional veterinary, animal health, legal, tax, accounting, regulatory, financial, insurance, or agronomic advice.
You may use the App only if you are at least 18 years old, have the legal capacity to enter into a binding contract, and are not prohibited from using the App under applicable law.
You must provide accurate, current, and complete account, contact, billing, and payment information and must promptly update that information if it changes. You are responsible for maintaining the confidentiality of your login credentials and for all activity occurring under your Account, including activity by Authorized Users.
You must ensure that all Authorized Users comply with these Terms. Any breach of these Terms by an Authorized User will be deemed a breach by you. You must notify us promptly of any suspected unauthorized access to your Account, unauthorized use of your credentials, data breach, or other security incident affecting your use of the App.
You agree that you will not, and will not permit any Authorized User or third party to:
Unauthorized access to computer systems may implicate federal law, including the Computer Fraud and Abuse Act, 18 U.S.C. § 1030.
As between you and us, you retain ownership of your User Content, including your Farm Data, subject to the rights granted in these Terms. You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, transmit, display, analyze, back up, and otherwise use User Content as necessary to provide, secure, support, maintain, improve, and develop the Services, comply with law, enforce these Terms, and protect our rights, users, systems, and the public.
You represent and warrant that you have all rights, permissions, consents, and authority necessary to submit User Content to the App and to grant the rights described in these Terms. You are solely responsible for the legality, quality, completeness, accuracy, timeliness, and usefulness of User Content.
The App may generate reminders, reports, analytics, forecasts, alerts, animal records, or recommendations based on User Content. Such outputs depend on the accuracy and completeness of the information provided and may be delayed, incomplete, or inaccurate. You must independently verify all outputs before relying on them for herd management, veterinary care, breeding decisions, treatment decisions, sale decisions, regulatory filings, transport, slaughter eligibility, food-chain records, insurance claims, financing, or other operational decisions.
You may import data into the App using CSV files or other supported formats. You are solely responsible for the accuracy, format, completeness, and legality of any data you import. We are not liable for data loss, corruption, duplication, or errors resulting from data import, including conflicts with existing records. You should maintain independent copies of all data before importing.
If your Subscription Plan permits management of multiple farms, each farm's data is logically separated within the App. You are responsible for ensuring that data is entered under the correct farm and that access by Authorized Users is limited to appropriate farms. We are not liable for data entered under the wrong farm or for unauthorized access by Authorized Users you have granted access to.
Certain features of the App may require payment of subscription fees. Unless otherwise stated:
You are responsible for all applicable taxes, excluding taxes based on our net income.
Subscription fees are non-refundable except as required by applicable law. If you purchased a subscription through the Apple App Store or Google Play Store, refund requests are handled by the respective platform:
We do not process refunds directly for subscriptions purchased through third-party platforms.
The App may provide backup and restore functionality. You are solely responsible for verifying the completeness and accuracy of any backup before relying on it, and for maintaining independent copies of critical farm, herd, health, and business records. We are not liable for data loss, corruption, partial restoration, or other issues arising from backup or restore operations.
The App, Services, software, source code, interfaces, designs, trademarks, logos, databases, algorithms, and other technology provided by us are owned by or licensed to Company and are protected by intellectual property and other laws.
Except for the limited rights expressly granted in these Terms, we and our licensors reserve all rights, title, and interest in and to the App and Services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
WE DO NOT PROVIDE VETERINARY, MEDICAL, ANIMAL HEALTH, LEGAL, TAX, ACCOUNTING, REGULATORY, FINANCIAL, INSURANCE, OR PROFESSIONAL ADVICE. ANY HERD HEALTH ALERTS, TREATMENT RECORDS, WITHDRAWAL PERIOD REMINDERS, BREEDING FORECASTS, CALVING PREDICTIONS, WEIGHT ESTIMATES, PERFORMANCE ANALYTICS, OR OTHER OUTPUTS ARE INFORMATIONAL ONLY AND MUST BE REVIEWED BY QUALIFIED PROFESSIONALS WHERE APPROPRIATE.
YOU ARE SOLELY RESPONSIBLE FOR ALL DECISIONS, ACTIONS, OR OMISSIONS RELATING TO LIVESTOCK MANAGEMENT, ANIMAL CARE, BIOSECURITY, TREATMENTS, WITHDRAWAL PERIODS, SALES, TRANSPORTATION, SLAUGHTER ELIGIBILITY, RECORDKEEPING, REPORTING, AND COMPLIANCE WITH APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOST PROFITS; LOST REVENUE; LOSS OF DATA; LOSS OF ANIMALS; VETERINARY COSTS; OR OTHER COMMERCIAL LOSSES.
OUR TOTAL AGGREGATE LIABILITY WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO US DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY; OR (B) USD $100.
These Terms are governed by the laws of the Commonwealth of Kentucky and applicable United States federal law. The exclusive venue for any lawsuit will be the state or federal courts in Kentucky.
Before filing a lawsuit, the party must provide written notice and allow 30 days to attempt informal resolution.
To the maximum extent permitted by law, any claim must be filed within one year after it arose.
We may update these Terms from time to time. If we make material changes, we will provide notice. Your continued use of the App after updated Terms become effective constitutes acceptance.
By clicking "I agree," creating an Account, purchasing a Subscription Plan, downloading the App, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
AGtrack LLC