DayHerder Terms of Service
Effective date: July 26, 2026
These Terms of Service (“Terms”) are entered into between Drover Systems LLC, a Colorado limited liability company (“Drover,” “we,” “us,” or “our”), and the business entity that creates an Operation account (the “Customer,” “you,” or “your”). These Terms govern Customer's Operation account and its organization's access to and use of DayHerder, Drover's ranch and livestock operations management platform, including the iOS and Android mobile applications and the web admin dashboard (collectively, the “Service”). By creating an Operation account, accepting these Terms through the signup flow, or using the Service, you agree to these Terms on behalf of Customer.
1. Definitions
- “Operation” means the single business account under which Customer and its Authorized Users access the Service.
- “Authorized User” means an individual invited by Customer to access the Operation in one of the roles the Service supports: Owner, Ranch Manager, Field Staff, or External Collaborator (limited-access).
- “Business Data” means the records, notes, tasks, treatment logs, photos, videos, location data, and other content that Customer or its Authorized Users submit to or generate within the Service.
- “Subscription Plan” means the annual, head-of-cattle-limited plan Customer selects at signup.
2. Eligibility and Territorial Scope
2.1 Eligibility
You must be at least 18 years old to create an Operation or accept these Terms, and you must be either the authorized owner of the Customer business or an employee or agent of that business authorized to bind it. DayHerder is a business-to-business tool; it is not directed to, and may not be used by, individual consumers acting outside a business context or by children.
2.2 Territorial Scope
The Service is currently offered only to businesses located in the United States and Canada, and is intended for use in those countries. Drover makes no representation that the Service is appropriate or available for use in other jurisdictions. If you access the Service from outside the United States or Canada, you do so on your own initiative and are responsible for compliance with applicable local law. Drover may decline to provide, or may discontinue, the Service in any jurisdiction at its discretion.
3. Accounts, Roles, and Access Management
3.1 Operation Account
Each Customer accesses the Service through a single Operation account. Customer's Owner-role user(s) are responsible for creating the Operation and inviting Authorized Users.
3.2 Roles and Permissions
The Service provides role- and permission-based access controls (Owner, Ranch Manager, Field Staff, External Collaborator) that let Customer limit what each Authorized User can see and do within the Operation.
3.3 Customer Responsibility for Access Decisions
Drover provides the access-control tools, but Customer's designated Owner(s)/administrators are solely responsible for deciding which Authorized Users receive access to which data and functionality within the Operation, for promptly removing access for personnel who should no longer have it, and for the consequences of any access decision Customer makes or fails to make. Drover is not responsible for a Customer's internal decisions about who on its team can see what.
3.4 Account Security
Customer is responsible for maintaining the confidentiality of Authorized User credentials and for all activity occurring under its Operation, and must promptly notify Drover of any suspected unauthorized access.
4. Subscription Plans, Billing, and Free Trial
4.1 Plans
DayHerder offers two annual Subscription Plans, differentiated by the maximum number of head of cattle covered. Current plan details and pricing are presented at signup on the DayHerder web dashboard. Subscriptions are purchased from Drover directly and are not sold through the Apple App Store or Google Play.
4.2 Free Trial
New Operations may receive a 14-day free trial. A valid payment card is required to start a trial. Your card will not be charged during the 14-day trial period; if you do not cancel before the trial ends, your card will automatically be charged for your selected annual Subscription Plan at the end of the 14-day period, and your subscription will begin.
4.3 Billing
Subscriptions are billed annually in advance through Stripe. You authorize Drover and its payment processor, Stripe, to charge your payment method for all fees due. Card data is collected and processed directly by Stripe through Stripe-hosted Checkout; Drover does not receive or store your full card number.
4.4 Self-Service Management and Auto-Renewal
Customer's designated administrator may update the payment method, view billing history, and cancel the subscription through the Stripe Customer Portal, which is accessible from the web dashboard and from the mobile application. To change Subscription Plans, contact Drover at support@dayherder.com. Subscriptions automatically renew for successive annual terms unless cancelled before the then-current term's renewal date. Customer may cancel at any time before renewal to prevent the next annual charge; cancellation takes effect at the end of the then-current paid term.
4.5 No Refunds
Except as required by applicable law, fees are non-refundable once charged, including if you cancel mid-term, use the Service infrequently, or reduce your head-of-cattle usage below your plan limit.
4.6 Price Changes
Drover may change Subscription Plan pricing for future renewal terms by providing notice before the renewal date; continued use after a price change takes effect constitutes acceptance of the new price for the renewed term.
4.7 Taxes
Fees are exclusive of applicable taxes, which Customer is responsible for, except taxes on Drover's net income.
5. Non-Payment; Suspension and Termination
5.1 Right to Suspend or Terminate
If a payment fails or an invoice is past due, Drover may, in addition to any dunning or retry process operated through Stripe, suspend Customer's access to the Service or terminate the Operation for non-payment, upon at least ten (10) days' written notice (which may be by email) to the Owner-role user(s) on the Operation, if the past-due amount remains unpaid at the end of that notice period.
5.2 Effect of Suspension
During a suspension for non-payment, Customer's Authorized Users may lose access to the Service, including previously entered Business Data, until the past-due balance is paid. Drover is not responsible for any loss Customer incurs as a result of a suspension made in accordance with this Section.
5.3 Reservation of Rights
Drover's current practice of relying on Stripe's automated dunning and retry emails, rather than automatically enforcing suspension within the App, does not waive Drover's contractual right to suspend or terminate for non-payment as described in this Section at any time.
6. Acceptable Use
Customer will not, and will ensure its Authorized Users do not: (a) use the Service to violate any applicable law or regulation; (b) upload content that infringes a third party's intellectual property or other rights; (c) attempt to reverse-engineer, decompile, or gain unauthorized access to the Service or its underlying systems; (d) use the Service to store or transmit malicious code; (e) interfere with or disrupt the integrity or performance of the Service; (f) resell, sublicense, or provide the Service to a third party outside the scope of an authorized Operation; or (g) exceed the Subscription Plan's head-of-cattle limit without upgrading.
7. Intellectual Property and Data Ownership
7.1 Customer Data Ownership
As between the parties, Customer owns all Business Data, including its livestock, business, and operational records. Nothing in these Terms transfers ownership of Business Data to Drover.
7.2 License to Drover
Customer grants Drover a limited, non-exclusive, worldwide license to host, store, process, transmit, back up, and display Business Data solely as necessary to provide, maintain, secure, and support the Service, to comply with law (including the recordkeeping described in Section 11), and to produce aggregated or de-identified analytics about Service usage that do not identify Customer or any individual.
7.3 Drover IP
Drover and its licensors retain all right, title, and interest in and to the Service, including the App, the web dashboard, and all underlying software, designs, and documentation, excluding Business Data. No rights are granted to Customer except as expressly stated in these Terms.
7.4 Feedback
If Customer provides suggestions or feedback about the Service, Drover may use that feedback without restriction or obligation to Customer.
8. Third-Party Services
The Service incorporates or relies on third-party services that Drover does not control, including: Apple Maps and Google Maps for in-app map rendering; OpenStreetMap, Esri ArcGIS World Imagery, and OpenTopoMap map tiles on the web dashboard; OpenStreetMap Nominatim for place search; Stripe for payment processing; and third-party livestock GPS collar/ear-tag hardware vendors (initially Ceres Tag, on a vendor-agnostic architecture that may change or expand over time). Use of these services may be subject to the applicable third party's own terms. Drover disclaims responsibility for the availability, accuracy, or performance of these third-party services to the extent outside Drover's reasonable control.
9. Location Data, GPS Accuracy, and Reliance Disclaimer
Livestock location data displayed in the Service originates from third-party collar/ear-tag hardware; its accuracy, battery life, and reporting latency depend on that hardware and connectivity, and recorded timestamps may lag actual events due to connectivity gaps or backfilled data. Map-pin and other user-recorded location data depends on the accuracy of the reporting device's own GPS.
CUSTOMER ACKNOWLEDGES THAT THE SERVICE SHOULD NOT BE RELIED UPON AS THE SOLE BASIS FOR ANIMAL HEALTH, WELFARE, OR EMERGENCY-RESPONSE DECISIONS, AND THAT DROVER IS NOT RESPONSIBLE FOR LOSSES ARISING FROM DELAYED, INACCURATE, OR INCOMPLETE LOCATION DATA CAUSED BY THIRD-PARTY HARDWARE OR CONNECTIVITY ISSUES.
10. Offline Use, Synchronization, and Data-Loss Disclaimer
The App supports offline creation and editing of records, which sync once connectivity is restored. Where multiple Authorized Users make conflicting edits to the same record while offline, the Service resolves conflicts using server-side last-write-wins ordering, which may occasionally overwrite an earlier edit or require an Authorized User to manually resolve a conflict.
CUSTOMER ACKNOWLEDGES THE RISK OF DATA LOSS OR OVERWRITE IN OFFLINE OR CONFLICTING-EDIT SCENARIOS AND AGREES NOT TO RELY ON THE SERVICE AS ITS SOLE RECORD FOR TIME-CRITICAL DECISIONS WITHOUT INDEPENDENT VERIFICATION.
11. Data Retention and Deletion
11.1 General
Drover retains Business Data in accordance with its Privacy Policy and the retention periods summarized below, which are incorporated into these Terms by reference. Business Data is stored and processed on servers located in the United States. Customers located in Canada acknowledge that their Business Data, including any personal information of their Authorized Users, will be transferred to, stored in, and processed in the United States, and will be subject to United States law, including lawful access requests by United States authorities.
11.2 Location Events
Raw GPS location events are retained in the live database for 90 days, after which they are aggregated into daily summaries and the underlying raw events are archived to cold storage and deleted from the live database.
11.3 Other Business Records
Other Business Data is archived to cold storage at a monthly checkpoint and may be purged from the live database after 90 days; archived data retains the same legal and audit weight as data in the live database and remains part of Customer's Business Data for purposes of these Terms.
11.4 Animal/Livestock Records
Animal and cattle-related event history is retained for seven (7) years to support recordkeeping consistent with USDA Animal Disease Traceability requirements (9 C.F.R. Part 86), regardless of whether the associated user or Operation account is deleted.
11.5 Account Deletion
Deleting an individual Authorized User's account removes or tombstones that user's name, email address, and login credentials and revokes their access, but does not delete Business Data that the user created and that other Authorized Users rely on, or that is retained for the legal and recordkeeping reasons described in Section 11.4. Deletion of an individual account is not equivalent to erasure of the historical business record; retained records are kept on the documented legal and operational bases described in this Section and in Drover's Privacy Policy.
11.6 Account Deletion and Billing Are Separate
Deleting an Authorized User's account, including an administrator's account, does not cancel Customer's subscription or stop billing. Cancelling the subscription is a separate action taken through the Stripe Customer Portal as described in Section 4.4, and remains Customer's responsibility. If Customer deletes user accounts without cancelling the subscription, the subscription will continue to renew and Customer will continue to be charged. Cancelling the subscription likewise does not delete Business Data, which Drover retains in accordance with Section 11.
12. Warranty Disclaimer
EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, DROVER DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT LOCATION DATA, OFFLINE-SYNCED DATA, OR ANY OTHER DATA WILL BE ACCURATE, COMPLETE, OR TIMELY, GIVEN DROVER'S RELIANCE ON THIRD-PARTY HARDWARE, THIRD-PARTY MAP/LOCATION SERVICES, AND CUSTOMER'S OWN OFFLINE, MULTI-USER SYNCHRONIZATION.
13. Limitation of Liability
13.1 Exclusion of Certain Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, OR LOSS OF DATA, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.2 Liability Cap
EXCEPT FOR THE CARVEOUTS IN SECTION 13.3, EACH PARTY'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE FEES CUSTOMER PAID TO DROVER IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
13.3 Carveouts
The exclusions and cap in this Section 13 do not apply to: (a) either party's indemnification obligations under Section 14; (b) Customer's payment obligations under Section 4; (c) either party's breach of confidentiality obligations under Section 16; or (d) either party's gross negligence, willful misconduct, or fraud.
14. Indemnification
14.1 By Customer
Customer will defend, indemnify, and hold harmless Drover from third-party claims arising out of: (a) Customer's or its Authorized Users' Business Data, or use of the Service in violation of these Terms or applicable law; or (b) Customer's breach of Section 3 (Accounts, Roles, and Access Management) or Section 6 (Acceptable Use).
14.2 By Drover
Drover will defend, indemnify, and hold harmless Customer from third-party claims alleging that the Service, as provided by Drover and used in accordance with these Terms, infringes that third party's United States or Canadian intellectual property rights, except to the extent the claim arises from Customer's Business Data, misuse of the Service, or combination of the Service with products or services not provided by Drover.
14.3 Procedure
The indemnified party will promptly notify the indemnifying party of any claim, give the indemnifying party control of the defense and settlement (subject to the indemnified party's approval of any settlement imposing liability on it), and reasonably cooperate in the defense.
15. Term and Termination
15.1 Term
These Terms remain in effect for as long as Customer maintains an active Operation.
15.2 Termination for Convenience
Customer may terminate by canceling its subscription as described in Section 4.4; termination takes effect at the end of the then-current paid term.
15.3 Termination for Cause
Either party may terminate these Terms if the other party materially breaches them and fails to cure the breach within thirty (30) days of written notice, except that Drover may suspend or terminate immediately for non-payment as described in Section 5, or for a breach of Section 6 (Acceptable Use) that Drover reasonably believes poses a security, legal, or operational risk.
15.4 Effect of Termination
Upon termination, Customer's access to the Service ends, subject to Drover's data retention and export practices described in Section 11 and the Privacy Policy. Sections 4.5 (No Refunds), 7 (Intellectual Property and Data Ownership), 11 (Data Retention and Deletion), 12 through 14 (Warranty Disclaimer, Limitation of Liability, Indemnification), 16 (Confidentiality), 17 (Governing Law and Dispute Resolution), and any other provision that by its nature should survive, will survive termination.
16. Confidentiality
Each party may access confidential business information of the other in connection with these Terms. Each party will use the other's confidential information only to perform its obligations or exercise its rights under these Terms, and will protect it using at least the same degree of care it uses for its own confidential information of similar importance, but no less than reasonable care. This Section does not apply to information that is or becomes public through no fault of the receiving party, was rightfully known before disclosure, or is independently developed.
17. Governing Law and Dispute Resolution
17.1 Governing Law
These Terms are governed by the laws of the State of Colorado, without regard to its conflict-of-laws principles.
17.2 Venue
Subject to Section 17.3, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Colorado for any dispute arising out of or relating to these Terms, and each party waives any objection to jurisdiction or venue in those courts.
17.3 Jury and Class Action Waiver
Each party waives, to the fullest extent permitted by law, the right to a jury trial and the right to participate in a class, collective, or representative action against the other party in connection with these Terms.
18. Changes to These Terms
Drover may update these Terms from time to time. If changes are material, Drover will provide notice (such as by email to the Owner-role user(s) or an in-app notice) before the changes take effect. Continued use of the Service after the effective date of updated Terms constitutes acceptance.
19. General Provisions
19.1 Assignment
Neither party may assign these Terms without the other's consent, except that Drover may assign these Terms in connection with a merger, acquisition, or sale of substantially all its assets.
19.2 Force Majeure
Neither party is liable for delay or failure to perform caused by circumstances beyond its reasonable control.
19.3 Notices
Notices to Drover should be sent to legal@dayherder.com, with a copy by mail to: Drover Systems LLC, 1500 N. Grant Street, Suite R, Denver, CO 80203, USA. Notices to Customer will be sent to the email address(es) on file for the Operation's Owner-role user(s).
19.4 Entire Agreement; Order of Precedence
These Terms, together with the DayHerder EULA and Privacy Policy, constitute the entire agreement between the parties regarding the Service and supersede prior agreements on the subject, except as stated in EULA Section 10 (Relationship to the Terms of Service).
19.5 Severability
If any provision of these Terms is held unenforceable, the remaining provisions remain in full force and effect.
19.6 No Waiver
Failure to enforce any provision is not a waiver of that provision.
19.7 Contact
Questions about these Terms may be directed to legal@dayherder.com.