Terms of Service

1. The Site, and what it is

The Site is a marketing and information site for the HerdMaster app, including the option to join our waitlist and to contact us. Product details, pricing, features, and timing described on the Site are informational and may change before launch. Nothing on the Site is a binding offer to sell or a guarantee that a feature, price, or release date will be available.

2. Using the Site

You agree to use the Site lawfully and not to:

• misuse or disrupt it,
• attempt to access areas you're not authorized to,
• scrape or harvest data at scale,
• upload harmful code,
• or infringe anyone's rights.

We may suspend access to anyone who misuses the Site.

3. Waitlist and contact form

When you join the waitlist, you agree to receive email updates from us, and you can unsubscribe at any time using the link in any message. We communicate by email only and do not send text messages. When you use the contact form, you agree to provide accurate information. How we handle the information you submit is described in our Privacy Policy.

4. Intellectual property

The Site and its content, including text, graphics, logos, the HerdMaster name and crest, layout, and code, are owned by HerdMaster LLC or its licensors and are protected by intellectual-property laws. You may view and share links to the Site, but you may not copy, reproduce, modify, or create derivative works from its content without our written permission. "HerdMaster" and the HerdMaster logo are trademarks of HerdMaster LLC.

5. Third-party links and services

The Site links to third-party services such as the Apple App Store. We don't control them and aren't responsible for their content, terms, or practices. Your use of those services is governed by their terms.

6. Disclaimers

The Site is provided "as is" and "as available," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We don't warrant that the Site will be uninterrupted, error-free, or free of harmful components, or that information on it is complete or current, including pre-launch details that may change.

7. Limitation of liability

To the fullest extent permitted by law, HerdMaster LLC will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss arising from your use of, or inability to use, the Site. Our total liability for any claim relating to the Site is limited to the amount you paid us to use the Site, which for the Site is zero.

8. Indemnification

You agree to indemnify and hold HerdMaster LLC harmless from claims arising out of your misuse of the Site or your violation of these Terms.

9. Changes to these Terms

We may update these Terms from time to time. The "Last updated" date shows the latest version, and your continued use of the Site after changes take effect means you accept them.

10. Governing law and contact

These Terms are governed by the laws of the State of Oregon, without regard to its conflict-of-laws rules, and any dispute relating to the Site will be handled in the courts located there. Questions about these Terms? Email support@herdmaster.app.

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you and HerdMaster LLC (“HerdMaster,” “we,” “our,” or “us”) governing your use of the HerdMaster mobile application and any related services (collectively, the “App”).

By downloading, installing, or using HerdMaster, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.

You must be at least 13 years of age to use HerdMaster. If you are between 13 and 18 years of age, you must have parental or guardian consent to use the App.

2. Description of Service

HerdMaster is a livestock record-keeping and management application designed for rabbit and cavy breeders. The App provides tools for:

• Animal record keeping, pedigree tracking, and breeding management
• Harvest logging and yield tracking
• Customer relationship management and buyer communication
• Financial tracking, invoicing, and sales management
• Buyer waitlist management
• Meat and byproduct sales tracking
• Animal record sharing between HerdMaster users via Share Codes

HerdMaster is a record-keeping tool. We do not facilitate or process payments between buyers and sellers, guarantee the accuracy of any animal records entered by users, or provide veterinary, legal, financial, or tax advice.

3. Account Registration

3.1 Account Creation

To access paid features of HerdMaster, you must create an account. You agree to provide accurate, current, and complete information during registration and to update that information as necessary.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at support@herdmaster.app if you suspect unauthorized access to your account.

3.3 One Account Per User

Each account is for a single user. You may not share your account credentials with others or create multiple accounts to circumvent tier limits or free trial restrictions.

4. Subscriptions & Payments

4.1 Subscription Tiers

HerdMaster offers the following subscription tiers:

• Homestead — Free, with a lifetime animal cap of 5 animals
• 4-H/FFA — Free for qualifying youth program participants
• Breeder — Paid monthly, annual, or lifetime
• Show Breeder — Paid monthly, annual, or lifetime
• Pro — Paid monthly, annual, or lifetime

Current pricing is displayed in the App and in the Apple App Store. Prices are subject to change with notice.

4.2 Free Trial

Paid tiers include a 30-day free trial for monthly and annual subscriptions. The free trial does not apply to lifetime purchases. You will not be charged during the free trial period. After the trial period, your subscription will automatically renew at the applicable rate unless cancelled before the trial ends.

4.3 Billing & Payment

All payments are processed by Apple through the App Store. HerdMaster LLC does not collect or store your payment information. By purchasing a subscription, you agree to Apple’s payment terms and conditions.

4.4 Auto-Renewal

Monthly and annual subscriptions automatically renew at the end of each billing period unless cancelled at least 24 hours before the renewal date. You can manage or cancel your subscription at any time through your Apple ID settings.

4.5 Refunds

All purchases are processed by Apple. Refund requests must be submitted to Apple directly through reportaproblem.apple.com. HerdMaster LLC does not issue refunds directly.

4.6 Lifetime Subscriptions

Lifetime subscriptions provide access to the applicable tier for the lifetime of the HerdMaster application. HerdMaster LLC reserves the right to discontinue the application with reasonable notice, in which case lifetime subscription holders will not be entitled to a refund beyond what Apple’s standard policies provide.

4.7 ARBA Promo Codes

ARBA member promo codes provide a 10% discount on paid subscriptions. Promo codes are limited to one use per account, apply to new subscriptions only, and cannot be combined with other offers. HerdMaster reserves the right to modify or discontinue promo code programs at any time.

5. Free Tier Limitations

The Homestead (free) tier is subject to the following limitations:

• A lifetime cap of 5 herd animals (tracked by totalAnimalsCreated counter)
• Animals deleted from the herd still count toward the lifetime cap
• Pedigree ancestor records are excluded from the animal cap
• Access to paid features (financials, customer CRM, broadcast messaging, waitlists) requires a paid subscription
• You may edit existing animal records after reaching the cap but may not add new animals without upgrading

Attempting to circumvent the free tier animal cap by creating multiple accounts or other means is a violation of these Terms and may result in account termination.

6. Animal Share Codes

6.1 Generating Share Codes

Paid tier users may generate a Share Code for any animal in their herd. The Share Code creates a temporary snapshot of the animal record stored on HerdMaster’s servers for 30 days.

6.2 Importing via Share Code

Any HerdMaster user (including free tier users) may import an animal using a valid Share Code. Imported animals count against the receiving user’s tier animal limits immediately upon import.

6.3 Accuracy of Shared Records

HerdMaster does not verify the accuracy of animal records shared via Share Codes. The receiving user accepts the imported record as-is and is responsible for verifying its accuracy. HerdMaster LLC is not liable for inaccurate, incomplete, or fraudulent animal records shared between users.

6.4 Share Code Expiration

Share Codes expire after 30 days. Generating a new Share Code for an animal invalidates any previously generated code for that animal.

7. User Content & Data

7.1 Your Data

All animal records, breeding records, harvest logs, financial records, customer records, and other data you enter into HerdMaster (“User Content”) remains your property. You grant HerdMaster LLC a limited, non-exclusive license to store and process your User Content solely for the purpose of providing the App’s services to you.

7.2 Data Export

You may export your User Content at any time in JSON or CSV format using the App’s data export feature. You are responsible for maintaining your own backups of your data.

7.3 Accuracy of Records

HerdMaster is a record-keeping tool. The accuracy of all animal records, pedigrees, breeding records, financial records, and customer records is solely your responsibility. HerdMaster LLC does not verify or guarantee the accuracy of any information entered by users.

7.4 Content Standards

You agree not to enter or share content through HerdMaster that is:

• False, fraudulent, or intentionally misleading
• Defamatory, harassing, or abusive toward other users
• In violation of any applicable law or regulation
• Infringing on the intellectual property rights of any third party

8. Customer Communications

8.1 Broadcast Messaging

HerdMaster’s broadcast messaging feature allows you to send notifications to customers on your buyer list via your device’s native Mail or Messages app. You are solely responsible for:

• Obtaining appropriate consent from recipients before adding them to your customer list
• Complying with all applicable laws governing commercial electronic communications, including CAN-SPAM and TCPA
• The content of all messages sent to your customers

HerdMaster LLC does not send messages on your behalf and is not responsible for the content of your customer communications.

8.2 Customer Records

You are responsible for maintaining accurate customer records and for handling customer data in compliance with all applicable privacy laws. You must obtain appropriate consent from customers before collecting and storing their contact information.

9. Financial Records & Tax Information

HerdMaster provides financial record-keeping tools to help you track revenue and expenses. These tools are for record-keeping purposes only. HerdMaster LLC does not provide tax advice, accounting services, or legal advice. You are solely responsible for:

• The accuracy of all financial records entered into the App
• Complying with all applicable tax laws and reporting requirements
• Consulting a qualified tax professional regarding your reporting obligations, including barter and swap income
• Determining the fair market value of any barter transactions you record

HerdMaster LLC is not liable for any tax liability, penalties, or other financial consequences arising from your use of the financial tracking features.

10. Prohibited Uses

You agree not to use HerdMaster to:

• Violate any applicable local, state, national, or international law or regulation
• Infringe upon the intellectual property rights of any third party
• Circumvent subscription tier limits or free trial restrictions
• Create multiple accounts to gain unauthorized access to paid features
• Reverse engineer, decompile, or attempt to extract the App’s source code
• Interfere with or disrupt the App’s infrastructure or servers
• Use the App to send unsolicited commercial communications in violation of applicable law
• Impersonate another person or misrepresent your affiliation with any organization
• Use the App for any fraudulent purpose

11. Intellectual Property

11.1 HerdMaster Intellectual Property

The App, including its design, code, features, trademarks, logos, and content created by HerdMaster LLC, is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works based on HerdMaster without our express written permission.

11.2 Your Intellectual Property

You retain all ownership rights to your User Content. HerdMaster LLC does not claim ownership of your animal records, pedigrees, photos, or other data you enter into the App.

11.3 Feedback

If you submit feedback, suggestions, or ideas about HerdMaster, you grant HerdMaster LLC a non-exclusive, royalty-free, perpetual license to use that feedback for any purpose without compensation to you.

12. Disclaimers

HERDMASTER IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, HERDMASTER LLC DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION IN THE APP

HERDMASTER LLC DOES NOT WARRANT THAT YOUR DATA WILL BE PRESERVED INDEFINITELY OR THAT THE APP WILL BE AVAILABLE AT ALL TIMES.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HERDMASTER LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE APP, INCLUDING BUT NOT LIMITED TO:

• Loss of data or animal records
• Financial losses arising from inaccurate records or financial tracking
• Losses arising from inaccurate pedigree or breeding records
• Losses arising from failed or delayed customer communications
• Any reliance on information provided by the App

IN NO EVENT SHALL HERDMASTER LLC’S TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID FOR THE APP IN THE 12 MONTHS PRECEDING THE CLAIM.

14. Indemnification

You agree to indemnify, defend, and hold harmless HerdMaster LLC, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from:

• Your use of the App
• Your User Content
• Your violation of these Terms
• Your violation of any applicable law or the rights of any third party
• Your customer communications sent using the App’s broadcast features

15. Termination

15.1 Termination by You

You may stop using HerdMaster and delete your account at any time. To request deletion of your backend account data, contact support@herdmaster.app. Cancellation of a subscription does not automatically delete your account or data.

15.2 Termination by HerdMaster

HerdMaster LLC reserves the right to suspend or terminate your account at any time, with or without notice, for violations of these Terms, fraudulent activity, or any other reason at our sole discretion. Upon termination, your right to use the App ceases immediately.

15.3 Effect of Termination

Upon termination, you may export your data using the App’s export feature before your account is closed. HerdMaster LLC is not responsible for any data loss resulting from account termination.

16. Apple App Store Terms

Your use of HerdMaster is also subject to Apple’s App Store Terms of Service. In the event of any conflict between these Terms and Apple’s terms, Apple’s terms shall govern with respect to App Store purchases and subscriptions. Apple is a third-party beneficiary of these Terms and may enforce them against you.

17. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Oregon, United States, without regard to conflict of law principles. Any disputes arising from these Terms or your use of HerdMaster shall be resolved in the state or federal courts located in Yamhill County, Oregon.

Before initiating any legal action, you agree to contact us at support@herdmaster.app to attempt to resolve the dispute informally.

18. Changes to These Terms

HerdMaster LLC reserves the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms in the App and updating the “Last Updated” date above. Your continued use of the App after any changes constitutes acceptance of the updated Terms.

19. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

20. Entire Agreement

These Terms, together with the HerdMaster Privacy Policy (available at herdmaster.app/privacy), constitute the entire agreement between you and HerdMaster LLC regarding your use of the App and supersede all prior agreements and understandings.

21. Contact Us

If you have questions or concerns about these Terms, please contact us:

HerdMaster LLC

Email: support@herdmaster.app

Privacy: privacy@herdmaster.app

Website: herdmaster.app

McMinnville, Oregon, USA