Gallagher Animal Management - Terms of Service

  1. Introduction

    These Terms of Service (Terms) explain how you can use Gallagher Animal Management’s online and app-based services (we, our, us, Gallagher). These services may include, for example, the Animal Performance platform, the Gallagher Devices App, and other Gallagher-hosted tools and software (together, the Services). The Services can connect with compatible Gallagher equipment and hardware (Hardware) to help you to track and manage things like livestock, fencing, and other farm operations more easily and efficiently.

    By accessing or using the Services, you confirm that you've read, understood, and agree to these Terms (including any of our policies or other terms we reference in these Terms).

    If you are creating an account on behalf of another person (e.g. a company or other type of entity), you confirm you are authorised to, and do in fact, agree to these Terms on that person’s behalf and, by doing so, that person is bound by these Terms.

    We've worked hard to make these Terms as clear and straightforward as possible because we know you've got more important things to do than decode legal jargon. That said, this is still a legal agreement between us, so please read it carefully. If you don't agree with these Terms, please don't use the Services.

    We may provide local language translations of these Terms in some locations. If there’s ever a difference between the translated version and the English version, the English version is the one that applies.

    These Terms were last updated on 15 August 2025.

  2. Using the Services

    Creating your account

    To use the Services, you need to create an account by providing a valid email address, a secure password (that complies with our password policy), and any profile information marked as mandatory.

    You agree to provide accurate and truthful information, keep your account information up to date, and keep your login credentials secure.

    You are responsible for all activity on your account (whether authorised or not) and must notify us immediately if you become aware of any unauthorised access.

    Your obligations

    By accessing or using the Services, you agree that you and your Authorised Users:

    • will comply with these Terms and our reasonable instructions about how to access and use the Services, including any acceptable use policies we may publish from time to time
    • will not use the Services in a way that breaches any third party right (including intellectual property and privacy rights) or for any unlawful activities
    • will not interfere with or disrupt our systems in any way
    • must take reasonable steps to not upload content that contains viruses, malware, or harmful code (whether on purpose or by accident)
    • will not use the Services in a way that would negatively impact other users, or in an attempt to access data you are not authorised to access
    • will not resell or make the Services available to any third party, or otherwise commercially exploit the Services
    • will not copy, reverse-engineer, decompile, or otherwise attempt to access or discover the algorithms of our software or source code, except to the extent permitted by law

    You are responsible for your Authorised Users. A breach of any of these Terms by an Authorised User is deemed to be a breach of these Terms by you.

    You are responsible for obtaining any licences, authorisations or consents required for you and your Authorised Users to use the Services, including to use, store and input your data into, and process and distribute your data through, the Services.

    Hardware

    For the Services to work properly:

    • you must purchase and correctly install and operate the relevant Hardware at your farm(s)
    • you’re responsible for maintaining a stable internet or cellular connection
    • we’re not liable for service interruptions due to poor connectivity

    If your Hardware is lost or damaged, or the Hardware’s firmware or software is not kept up-to-date, you may not be able to use the Services, or the functionality of the Services may be impacted. All Hardware is covered by our Animal Management Customer Warranty Policy (available here) and no representation or warranty is made in relation to the Hardware in these Terms.

    Business use

    The Services are designed specifically for businesses. By using the Services, you confirm that you're using it for business purposes, not as an individual consumer. This means certain consumer protection laws may not apply to your use of the Services. To the extent permitted under applicable law, you waive any consumer rights that may otherwise apply.

    Service Availability

    We aim to keep the Services up and running smoothly, but occasional downtime for maintenance may occur. We'll notify you about planned maintenance through the website or mobile app or via email.

    Changes to the Services or these Terms

    Farming is always evolving, and so are we. We may make changes, updates or enhancements to the Services, or update these Terms, from time to time. For important changes affecting your subscription, we’ll give you at least 30 days’ notice before they take effect (which may include notification through the website or mobile apps). By continuing to use the Services, you’ll be taken to have accepted any updated Terms. If you do not agree to the changes, you may elect to cancel your use of the Services.

  3. Account Types and Pricing

    We offer several account tiers to use the Services, including a free version and different tiers for paid subscriptions. You can find further information about the tiers and current pricing on our website. We reserve the right to revise, discontinue, or replace any account tier at our discretion, with reasonable prior notice.

    Changing between tiers

    Where different tiers are available, you can upgrade or downgrade your account anytime.

    If you downgrade to a lower-priced tier, you will receive a pro-rated refund for the unused portion of your current plan, which will automatically be applied towards the cost of your new lower-tier subscription. If you downgrade to the free version, this will be treated as a cancellation, and no refund will be issued.

    If you upgrade to a higher-priced tier during a subscription period, you’ll be charged only the difference between your current plan and the new plan for the remainder of that subscription period. When your subscription renews, the full price of your new tier will apply.

    Changes to pricing

    If we make changes to our pricing, we'll let you know 30 days in advance. If you do not wish to pay the updated price, you may cancel your subscription with effect from the end of your current subscription period using one of the methods set out in section 4. If you do not cancel your subscription by that time, you will be deemed to have accepted the updated price. The updated prices will only apply to you if and when your subscription renews.

    Usage monitoring and tier management

    We may monitor your account usage to ensure it aligns with your current subscription tier.

    • If your usage exceeds your current tier threshold, we will notify you by email
    • If you don’t reduce your usage or upgrade your plan, we may temporarily throttle or disable access to certain features until your usage is back within the threshold or your plan is upgraded.

  4. Paid Subscriptions

    Before you subscribe

    We'll show you:

    • which plan you're signing up for
    • how much it costs and when you'll be charged
    • that your subscription will automatically renew

    Consent

    You’ll be asked to affirmatively agree to these terms, by clicking the button labelled ‘Subscribe’ or signing an order form, before we charge your payment method.

    Payment terms

    All prices are shown in your local currency unless otherwise noted. We will issue an invoice or charge your payment method at the start of your subscription period and add any applicable taxes to your payment.

    Taxes

    Depending on where you live, we may need to charge sales tax, goods and services tax, value added tax, or other taxes. You're responsible for any taxes we don't collect that might apply to your purchase.

    Automatic renewal

    Your paid subscription automatically renews for the same length of time as your original subscription. Renewal occurs unless you cancel using one of the methods referred to below. By subscribing, you authorise us to charge your payment method for each renewal period.

    How to cancel and refund policy

    You can cancel your paid subscription anytime by:

    • going to your account settings on the website or in the mobile app. This is the fastest and most convenient method.
    • calling your local Gallagher office (contact details are available here)
    • emailing us at am.techsupport@gallagher.com

    Please cancel at least 72 hours before your renewal date to avoid being charged for the next subscription period.

    Cancellation takes effect at the end of your current subscription period. We don't provide refunds for partial subscription periods. After cancellation, you can still use your account until the end of your current subscription period.

    Renewal reminders

    We'll email you at least 5 days before your subscription renews. This reminder will include the renewal date, price, and clear instructions on how to cancel. It will also state that your subscription will automatically renew unless cancelled.

  5. Free Trial

    Trial availability

    New users may be eligible for a free trial of Animal Performance Plus. We reserve the right to modify or terminate the free trial offer at any time.

    During your trial

    When you sign up for a free trial, you’ll have full access to all the features of Animal Performance Plus for the trial period. No charges will be made to your payment method during the trial period. You can cancel anytime during the trial with no charge by using one of the methods set out in section 4 above.

    Trial expiration and conversion

    We’ll send you a reminder before your trial ends. If you don’t cancel before the trial ends, your account will automatically convert to a paid subscription. Your payment method will be charged the regular price of your selected Animal Performance Plus tier on the day after your trial ends.

  6. Data

    What we collect

    We collect data from you when you input or upload content to the Services. We also collect information transmitted by your Hardware to the Services from time to time.

    How we use it

    You grant us the right to use your data to:

    • provide you with the Services
    • create aggregated, anonymous insights
    • share your data with a permitted third-party application as set out in section 7

    To the extent your data is Personal Data, we will use and disclose the Personal Data as set out in our privacy policy (available here) and in accordance with the Data Protection Laws.

    Your rights

    You own your data. We're just storing and helping you analyse it. You can export or delete your data at any time.

    Data security

    We take reasonable measures to protect your information from unauthorised access or disclosure. However, no online service is 100% secure, so please use good security practices on your end too.

    Ownership of aggregated insights

    While you own your specific animal and farm data, we own:

    • aggregated, anonymised data derived from multiple farms
    • statistical analyses, trends, and patterns identified across our user base
    • industry benchmarks created from combined data

    We may use these insights to:

    • improve our services and develop new features
    • create industry reports or publications
    • share with agricultural research partners
    • develop best practice guidelines for animal management

    We guarantee that these aggregated insights will never identify you or your specific farm or contain information that could reasonably be used to identify you or your farm.

  7. Third-Party Services and API Integrations

    Third-Party Services

    The Services may integrate with third-party applications or websites to enhance functionality. When you use these third-party applications or websites:

    • you're also subject to the third party's terms of service
    • we're not responsible for the content or reliability of third-party applications or websites
    • we do not provide any warranty regarding the compatibility or continued availability of the third-party applications or websites with the Services
    • we are not responsible for any loss or corruption of data resulting from use of third-party integrations

    API Access

    The Services may offer API integrations that allow connection with other farm management tools and software. When using third-party applications that connect to the Services via API:

    • you are responsible for any third-party applications you authorise to access your account, including any additional fees that the third party may charge
    • we reserve the right to revoke API access for any application that violates our terms
    • with your permission, we may share your data with the third-party application. You can manage these permissions in your account settings or the third-party application

    Mobile Application Platforms

    If you access the Services through the mobile application:

    • your use is also subject to the terms of the app store from which you downloaded the app (Apple App Store, Google Play Store, etc.)
    • any issues related to the functioning of the app store should be directed to the relevant app store provider

  8. Intellectual Property

    Our intellectual property

    The Services, including all content, features and functionality, are owned by us and protected by intellectual property laws.

    We grant you a non-exclusive, non-transferable right to use the intellectual property rights only to the extent required for you to access and use the Services in accordance with these Terms.

    Feedback and Suggestions

    When you provide feedback, suggestions, or ideas about the Services:

    • you grant us permission to use this feedback without restriction
    • we may implement your suggestions without compensation
    • we become the owner of any improvements made to the Services based on your feedback

    We value your input and use it to make the Services better for everyone in our farming community.

  9. Indemnity

    Your Responsibility to Us

    You agree to indemnify and hold us harmless against any claims, losses, damages, liabilities, costs, or expenses (including legal fees) that arise from your use of the Services where:

    • you have acted negligently;
    • you have breached any applicable laws or regulations; or
    • you have engaged in fraud or other unlawful conduct.

    This includes claims relating to:

    • the data or content you upload or share;
    • infringement of third-party rights (like intellectual property or privacy rights); or
    • misuse of the Services that causes harm to others.

    We will:

    • promptly notify you if a claim arises;
    • allow you to take control of the defence and any settlement;
    • provide reasonable cooperation, as required; and

    Our Responsibility to You

    We will indemnify you for any third-party claims made against you that result directly from our gross negligence or intentional misconduct (such as fraud) in providing the Services.

    We will:

    • manage the defence and any settlement ourselves; and
    • keep you reasonably informed throughout the process.

    Limitations

    Neither party is required to indemnify the other where:

    • the claim arises due to that party’s own negligence or unlawful actions;
    • the Services was used in a way that was not authorised or intended;
    • the party failed to act on instructions or updates provided to prevent the issue; or
    • the Services was modified without permission.

  10. Confidentiality

    Confidential Information

    While using the Services, you may share Confidential Information with us, and you may become aware of Confidential Information about us.

    Mutual protection

    Both parties agree to:

    • keep the other party's Confidential Information private
    • use Confidential Information only for purposes directly related to the Services or with the other party’s prior written consent
    • protect Confidential Information using reasonable care, at least the same level used to protect their own confidential information
    • return or destroy Confidential Information upon request when no longer needed for the Services

    Exceptions

    These confidentiality obligations don't apply to information that:

    • was already known before being shared
    • is or becomes publicly available through no fault of the receiving party
    • is independently developed without using the Confidential Information
    • is received from a third party who can share it without restriction
    • must be disclosed by law, court order, or regulatory requirement (with reasonable notice to the other party when possible)

  11. Suspension and Cancellation

    Suspension

    We may suspend your account or restrict or block access to the Services if we suspect you are breaching the Terms (including not paying), we think your account is being misused or has been compromised, if an event beyond our control occurs, or if it is reasonably necessary to protect the security and integrity of the Services.

    We will give you as much notice of the suspension as practical and will end the suspension as soon as practicable once the issue is resolved.

    Cancellation

    If you are using a free version, you can cancel your agreement and your right to access and use the Services at any time by disabling your account.

    If you have a paid subscription and you have cancelled your subscription using one of the methods set out in section 4, your agreement and your right to access and use the Services will end at the end of your current subscription period.

    We reserve the right to cancel your account if you breach these Terms and fail to remedy it within 30 days of us giving you notice of the breach.

    Effects of cancellation

    Once your account is cancelled, you will no longer have a right to access and use the Services.

    If your account is cancelled, you can request to export your data within 30 days before it may be deleted.

    Sections which, by their nature, are intended to survive cancellation, including sections 8 (Indemnity), 9 (Confidentiality), 11 (Limitation of Liability), and 13 (Contracting Entity, Disputes and Governing Law) continue in force.

  12. Limitation of Liability

    The Services are a tool to help you manage your farm and is provided “as is” and “as available”. As far as permitted by law, we make no warranties, express or implied, regarding its availability, accuracy, reliability, completeness, or fitness for a particular purpose. You are solely responsible for evaluating the suitability of any data or outputs generated by the Services for your farm.

    To the fullest extent permitted by applicable law, we will not be liable for any indirect, incidental, special, punitive or consequential losses, including loss of revenue or profits, or data, arising out of or in connection with your use of the Services or decisions you make based on the data it generates.

    Our total aggregate liability for any claims arising under or in connection with these Terms will be limited to the total amount you have paid us for the Services in the 12 months before the claim.

    Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability which cannot lawfully be excluded or limited.

  13. General

    Events beyond a party’s control

    Neither party is liable to the other for any failure to perform its obligations under these Terms to the extent caused by an event that is beyond that party’s reasonable control (excluding an event that could have been avoided by taking reasonable steps or reasonable care, or lack of funds for any reason). Events beyond a party’s control may include, but are not limited to, natural disasters, cyberattacks, government restrictions, and pandemics.

    Transfer

    You can only transfer your agreement with us to someone else if we agree to this.

    We may transfer our agreement with you so that a different organisation is responsible for supplying the Services. We'll contact you to let you know if we plan to do this.

    Terms can be removed or replaced

    If a court or other authority decides that any of these Terms are unlawful, the rest of these Terms will continue to apply. Any unlawful term will be replaced with a term that, as far as permitted by law, achieves the same or similar purpose.

    Relationship between the parties

    We are your independent contractor, and no other relationship (e.g. joint venture, agency, trust or partnership) is created by these Terms.

    Entire agreement

    These Terms (including any of our policies or other terms we reference in these Terms) make up our entire agreement about the Services.

    Governing law

    These Terms shall be governed by the laws of New Zealand, without regard to its conflict of law provisions, and you agree to the non-exclusive jurisdiction of the New Zealand courts in relation to all disputes arising out of or in connection with these Terms or the Services.

  14. Contact Us

    If you have questions about these Terms or the Service, please reach out to:

  15. Definitions

    Capitalised terms not defined in this section have the meanings set out in the body of these Terms. Otherwise, in these Terms:

    Authorised User means anyone you authorise to access or use the Service on your behalf.

    Data Protection Laws means the applicable data protection laws and regulations protecting the right to privacy which apply to you and us that we are legally obliged to comply with when processing Personal Data.

    Confidential Information means non-public information that is marked or identified as confidential, or that would reasonably be understood to be confidential under the circumstances. It also includes your data.

    Personal Data means personal data, having the meaning given in the Data Protection Laws (and, for the purposes of the New Zealand Privacy Act 2020 and the Australian Privacy Act 1988, having the meaning given to the term 'personal information'), which is received by us or the Service from you or on your behalf.