Terms for using Cattle360

1. AGREEMENT AND DEFINITIONS

1.1 Agreement. These Terms and Conditions, together with any order form, plan selection, or checkout confirmation associated with Your subscription, form a binding agreement (the "Agreement") between Cattle360 ("We", "Us", or "Our") and the individual or entity that creates an account or subscribes to the Services ("You" or "Your"). By creating an account, starting a free trial, purchasing a plan, or otherwise using the Services, You agree to this Agreement. If You do not agree, do not create an account or use the Services.

1.2 Effective Date. The "Effective Date" is the earlier of the date You first create an account, first start a free trial, or first purchase a plan, whichever occurs first.

1.3 Definitions. In addition to terms defined elsewhere in this Agreement: "Services" means the Cattle360 application, website, features, and related support and documentation We make available to You. "Account" means the Cattle360 account registered to You. "User" means You and any individual You authorize to access the Services through Your Account. "Plan" means the free, trial, recurring (monthly or yearly), or lifetime subscription tier associated with Your Account. "Order Form" means any separate written ordering document or enterprise agreement executed between You and Us; where no Order Form exists, Your plan selection at checkout governs. "Your Data" means the data, records, and content You or Your Users submit to or generate within the Services. "Aggregate Data" means data derived from Your Data that has been combined with data from other customers and de-identified so that it does not identify You, Your Users, or Your operation. "Beta Services" means any feature We make available on a preview, beta, early access, or evaluation basis, whether or not labeled as such.

2. ACCOUNTS AND USE OF THE SERVICES

2.1 Access Grant. Subject to Your compliance with this Agreement and payment of applicable Fees, We grant You a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services during the Term for Your own internal business operations.

2.2 Accounts and Registration. You must provide accurate and complete information when registering, and keep it current. Each Account is intended for a single operation or business. You are responsible for all activity that occurs under Your Account and Your Users' credentials, and for ensuring Your Users comply with this Agreement.

2.3 Account Security. You are responsible for maintaining the confidentiality of Your credentials and agree not to share Account access with unauthorized individuals. You shall notify Us promptly at support@cattle360.com if You become aware of any unauthorized access to or use of Your Account.

2.4 Free Plan. Where We make a free version of the Services available, We may modify, limit, suspend, or discontinue the free plan at any time, and features included in the free plan may differ from those included in paid Plans.

3. DATA

3.1 Your Data; License to Us. As between You and Us, You own and retain all right, title, and interest in and to Your Data. You grant Us a non-exclusive, worldwide, royalty-free license to host, copy, process, transmit, display, and otherwise use Your Data as necessary to: (a) provide, maintain, secure, and support the Services; (b) develop, test, and improve the Services; and (c) create Aggregate Data. We will handle Your Data in accordance with this Agreement and Our privacy policy.

3.2 Your Responsibilities for Your Data. You represent and warrant that You have all rights necessary to submit Your Data to the Services and to grant the license in Section 3.1, and that Your Data and Your use of the Services comply with applicable law. You are solely responsible for the accuracy, quality, and completeness of Your Data, and for any decisions made in reliance on it.

3.3 Aggregate Data. We may create and use Aggregate Data for any lawful business purpose, including benchmarking, analytics, research, product development, and industry reporting. Aggregate Data will not identify You, Your Users, or Your operation, and We will not publish or otherwise make available Aggregate Data in a form that does so.

3.4 Ownership by Us. The Services, Aggregate Data and all derivative works, modifications and improvements to any of the foregoing, and all Intellectual Property Rights in or relating to any of the foregoing, are and shall remain Our exclusive property. Our brand features, including without limitation its corporate and product names and logos are trademarks of Ours or third parties, and no right or license is granted to use them.

3.5 Data Storage and Retention. Upon request within thirty (30) days following expiration or termination of this Agreement, You shall have the opportunity to: (a) obtain Your Data from the Services in generally accessible electronic formats, and/or (b) request that We permanently remove any directly identifying information from Your Data and User accounts from Our platform, storage files and products. In the event of either request, We shall have three (3) months to comply, after which We have the right to retain any non-identifiable aspects of Your Data. After the thirty (30) day period following expiration or termination of this Agreement, We have no obligation to maintain, delete Your Data or provide Your Data to You, although We may keep a record of Your Data in compliance with the surviving provisions of this Agreement.

4. CONFIDENTIALITY

4.1 Definition. "Confidential Information" means all confidential or proprietary information of You or Us disclosed to the other, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including but not limited to, marketing plans, budgets, financial information, technology, technical information, methods, processes, techniques, designs, computer programs and other business information. Without limiting the coverage of these confidentiality obligations, the parties acknowledge and agree that: (a) Your Confidential Information shall include Your Data and (b) Our Confidential Information shall include Our Services, Aggregate Data and all derivative works, modifications and improvements to such data made in conformance with Section 3.1, the terms and conditions of this Agreement, pricing and other terms set forth in all Order Forms hereunder.

4.2 Exclusions. Confidential Information shall not include information that: (a) is or becomes publicly known through no act or omission of the receiving party; (b) was in the receiving party’s lawful possession prior to the disclosure without restriction on use or disclosure; (c) is rightfully disclosed to the receiving party by a third party without restriction on use or disclosure; or (d) is independently developed by the receiving party, which independent development can be shown by written evidence.

4.3 Nondisclosure. Subject to the express permissions of this Agreement, We and You will protect each other’s Confidential Information from unauthorized use, access or disclosure in the same manner as each protects its own Confidential Information, but with no less than reasonable care. Except as otherwise expressly permitted pursuant to these Terms or by You or Us in respect to the Confidential Information each of us owns, each of us may use each other’s Confidential Information solely to exercise our respective rights and perform our respective obligations under these Terms and shall disclose such Confidential Information solely to those of Our respective employees, service providers, consultants, representatives and agents who have a need to know such Confidential Information for such purposes and who are bound to maintain the confidentiality of, and not misuse, such Confidential Information. Except for the aforementioned employees, service providers, consultants, representatives and agents who would have access to Your Data on a confidential basis, and any potential Compelled Disclosure as described in Section 4.4 below, We will not provide third parties with access to Your Data without first obtaining your consent.

4.4 Compelled Disclosure. We may also access or disclose information about You, Your Users, Your Accounts, including Your Data, in the event that We (a) are required by an applicable court, legislative or administrative body, or Federal or State law of the United States, to disclose Confidential Information; or (b) believe in good faith belief that such disclosure is necessary to protect personal safety or avoid violation of applicable law or regulation.

5. FEES AND PAYMENTS

5.1 Fees and Plans. You shall pay the fees for the Plan You select ("Fees") at the prices and billing frequency presented to You at checkout, or, where a separate Order Form applies, as set forth in that Order Form. Recurring Plans are offered on a monthly or yearly billing cycle. Lifetime Plans are paid as a single, one-time Fee and are further governed by the Lifetime Plan Legal Statement below. All Fees are stated in U.S. dollars.

5.2 Taxes. You are responsible for any taxes, duties, levies, tariffs, and other governmental charges (other than Our income tax) associated with the sale of the Services, included any related penalties or interest ("Taxes") and will pay Us for the Services without any reduction for such amounts. If We are obligated to collect or pay Taxes, We shall include such Taxes on any Our invoice, unless You provide Us with a valid tax exemption certificate authorized by the appropriate taxing authority. If You are required by law to withhold any Taxes from Your payments to Us, You must provide Us with official documentation to support such withholding.

5.3 Billing and Payment. Unless a separate Order Form provides otherwise, Fees are charged to the payment method You provide at checkout, in advance, at the start of each billing cycle. Card payments are processed by Our third-party payment processor, and You authorize Us and that processor to charge Your payment method for all Fees and Taxes due under this Agreement, including on each renewal, until Your Plan is cancelled. You are responsible for keeping Your payment method current. Where We invoice You directly under an Order Form, all invoiced amounts are due and payable upon receipt, interest shall accrue on amounts more than fifteen (15) days past due at the rate of one percent (1%) per month (but in no event greater than the highest rate of interest allowed by law), and You shall reimburse Us for the reasonable costs of collection, including legal fees.

5.4 Free Trials. We may offer a free trial of a paid Plan. Unless stated otherwise at signup, the trial is limited to one (1) trial per Account, is available only to Accounts We determine to be eligible, and runs for the number of days disclosed to You at the time You start it. You must provide a payment method to start a trial, and unless You cancel before the trial ends, Your trial will automatically convert to the paid Plan You selected and Your payment method will be charged the then-current Fee for that Plan. The trial end date is shown in Your account settings. Failure to cancel before the trial converts is not, by itself, grounds for a refund beyond what Section 5.7 provides. We may modify or discontinue trial offers at any time, and We may withdraw a trial and suspend access if We determine it is being used to evade Fees or obtain multiple trials.

5.5 Automatic Renewal; Cancellation. Recurring Plans automatically renew. At the end of each billing cycle, Your Plan will renew for another cycle of the same length, and Your payment method will be charged the then-current Fee for that Plan, unless You cancel before the renewal date. Your renewal date and renewal price are shown in Your account settings. You may cancel at any time, from Your account settings, without contacting Us and without penalty or cancellation fee. Cancellation takes effect at the end of the then-current billing cycle: You keep paid access through the date shown in Your account settings, after which the Account reverts to the free version of the Services where one is available. Cancelling stops future charges and does not, by itself, entitle You to a refund of amounts already paid except as provided in Section 5.7. Lifetime Plans do not renew and are not subject to this Section 5.5.

5.6 Changes to Pricing. We may change Our Fees, including the price of a Plan, at any time. For recurring Plans, a price change will not affect the billing cycle in progress; it takes effect at Your next renewal, and We will give You notice by email or in the Services at least thirty (30) days before that renewal. If You do not agree to a price change, You may cancel before the renewal date under Section 5.5. Your continued use of the Services after a price change takes effect constitutes acceptance of the new price.

5.7 Refunds. You may request a refund at any time by contacting Us at support@cattle360.com from the email address associated with Your Account. We will review each request and, if approved, issue the refund to the original payment method, ordinarily within ten (10) business days of approval. Refunds for paid Plans are limited to the then-current billing period; billing periods that have already elapsed are not refundable. By way of example, an Account billed monthly that has been active on a Plan for five (5) months may request a refund of the most recent monthly charge only, and not of the four (4) preceding charges. Annual and other multi-month subscriptions are refunded on a prorated basis equal to the whole calendar months remaining in the then-current term measured from the date the refund request is approved; the month in which the request is made, and any partial month, is deemed used and is not refundable. Where a refund request arises from a service outage, billing error, or other system issue attributable to Us, other refund or service credit policies described in this Agreement, or offered by Us in Our discretion, may apply in place of the foregoing limits. You may cancel a Plan, or request cancellation or deletion of Your Account, at any time; cancellation stops future billing but does not, by itself, entitle You to a refund of prior billing periods beyond what is set forth in this Section 5.7.

5.8 Failed Payments; Chargebacks. If a charge is declined or otherwise fails, We may retry the charge, and We may notify You and provide a reasonable period to update Your payment method. If Fees remain unpaid after that period, We may suspend or downgrade Your access to paid features, or terminate the Plan, without liability to You, and any resulting loss of access is not a system issue for purposes of Section 5.7. If You dispute a charge, please contact Us first at support@cattle360.com so We can resolve it; initiating a chargeback or payment dispute without first contacting Us may result in suspension or termination of Your Account, and You remain responsible for amounts properly owed together with any fees Our payment processor charges Us in connection with the dispute.

6. TERM AND TERMINATION

6.1 Term. This Agreement commences on the Effective Date and continues until all Plans and Order Forms have expired or been terminated as provided in this Agreement. For recurring Plans, the term consists of the initial billing cycle and each renewal cycle thereafter, as described in Section 5.5. For Lifetime Plans, the term is as described in the Lifetime Plan Legal Statement below. Where an Order Form applies, the initial term and any renewal terms shall be as set forth therein. The initial term and renewal periods are collectively the "Term". Unless specified by a party, the termination of an Order Form shall not result in the termination of the Agreement or any other Order Forms.

6.2 Termination. Either party may terminate this Agreement or any Order Form upon written notice if the other party materially breaches this Agreement and fails to correct the breach within thirty (30) days following written notice specifying the breach; provided that the cure period for any default with respect to payment shall be five (5) business days.

6.3 Cattle360 Early Termination Provision. During the first sixty (60) days of the term of an Order Form, We reserve the right to terminate the Order Form if we determine, in our reasonable business judgment (considering your efforts during the onboarding process), that You are unlikely to successfully implement the Services. In the event We terminate an Order Form under this Section 6.3, We shall refund to You eighty percent (80%) of any fees you prepaid for the services described in the Order for the then-current term. This Section 6.3 applies only where We elect to terminate an Order Form during onboarding; it does not apply to refunds You request, which are governed exclusively by Section 5.7.

6.4 Rights and Obligations Upon Termination. Upon expiration or termination of this Agreement or applicable Order Form, Your and Your Users’ right to access and use the Services thereunder shall immediately terminate, You and Your Users shall immediately cease all use of the Services.

6.5 Survival. The rights and obligations of Us and You contained in Sections 1.3, 3, 4, 5, 6.4, 7.2, 7.3, 8, 9, and 10 shall survive any expiration or termination of this Agreement.

7. WARRANTY AND DISCLAIMERS

7.1 Limited Warranty. We warrant that the Services will function substantially in accordance with our then-available product specifications. Your sole and exclusive remedy for any breach of the foregoing warranty will be for Us to re-perform the Services in a manner that conforms to the warranty. If we are unable, or is it is not reasonably commercially possible to correct the non-conformity and, if We are unable to correct the non-conformity, We may, at our discretion, terminate the applicable Order Form or Agreement and provide You a refund of any unused, prepaid fees for the applicable Term.

7.2 General Disclaimers. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY MAKES ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL SERVCES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS". NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, BETA SERVICES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" EXCLUSIVE OF ANY WARRANTY WHATSOEVER. WE DISCLAIM ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS.

7.3 Specific Disclaimers. The results of any report, output or recommendation from the Services are based, in large part, by completeness, truth and accuracy of Your Data. Any incorrect information input by You or Your Users will affect such report, output or recommendation in a negative manner, potentially rendering them incorrect and damaging. Even if Your Data is comprehensive, true and accurate, we do warrant that any output, report or recommendation made available through the Services will processed correctly, save you money, increase profits, increase yields or any other result or otherwise allow you to meet your goals. You may not rely on the information contained in any report, output or recommendation, which are provided for informational purposes only. You must use your professional judgment in determining whether to comply with any such report, output or recommendation. We are not responsible for any of your acts or omissions resulting from your action or inaction resulting from such report, output or recommendation. As the Services evolve, We may provide You and Your Users’ explanations on how the Services work and certain additional specific disclaimers. Any such specific disclaimers acknowledged by any User, including through a clickwrap made available within the Services, are agreed to be incorporated by reference into this Agreement.

8. INDEMNIFICATION

8.1 Indemnification by Us. We will defend You against any claim, demand, suit or proceeding made or brought against You by a third party alleging that the use of the Services in accordance with this Agreement infringes or misappropriates such third party’s intellectual property rights (a "Claim Against You"), and will indemnify You from: (a) any damages, awards or fees finally awarded against You or (b) for amounts paid by You under a court-approved settlement of, a Claim Against You, provided You (a) promptly give Us written notice of the Claim Against You, (b) give Us sole control of the defense and settlement of the Claim Against You (except that We may not settle any Claim Against You unless it unconditionally releases You of all liability), and (c) give Us all reasonable assistance, at Our expense. If We receive information about an infringement or misappropriation claim related to a Service, We may in Our discretion and at no cost to You (i) modify the Service so that it no longer infringes or misappropriates, without breaching Our warranties under Section 7.1, (ii) obtain a license for Your continued use of that Service in accordance with this Agreement, or (iii) terminate Your subscriptions for that Service upon thirty (30) days’ written notice and refund You any prepaid, but unused fees covering the remainder of the term of the terminated subscriptions. The above defense and indemnification obligations do not apply to the extent a Claim Against You arises from Your breach of this Agreement.

8.2 Indemnification by You. You will defend Us against any claim, demand, suit or proceeding made or brought against Us by a third party alleging that Your Data, or Your use of any Services other than in conformance with this Agreement, infringes or misappropriates such third party’s intellectual property rights or violates applicable law (a "Claim Against Us"), and will indemnify Us from any: (a) damages, awards or fees finally awarded against Us as a result of, or (b) for any amounts paid by Us under a court-approved settlement of, a Claim Against Us, provided We (a) promptly give You written notice of the Claim Against Us, (b) give You sole control of the defense and settlement of the Claim Against Us (except that You may not settle any Claim Against Us unless it unconditionally releases Us of all liability), and (c) give You all reasonable assistance, at Your expense.

8.3 Exclusive Remedy. This Section 8 states the indemnifying party’s sole liability to, and the indemnified party’s exclusive remedy against, the other party for any type of claim described in this Section 8.

9. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) WILL EITHER PARTY TO THIS AGREEMENT, OR THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, BUSINESS INTERRUPTION OR ANY OTHER LOSS INCURRED BY SUCH PARTY OR THIRD PARTY IN CONNECTION WITH THESE TERMS OR THE SERVICE, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT OR OTHERWISE IN CONNECTION WITH ANY SUBSCRIPTION TO, OR USE OR EMPLOYMENT OF THE SERVICES, SHALL IN NO EVENT EXCEED THE SUBSCRIPTION CHARGES PAID BY YOU DURING THE TWELVE (12) MONTHS PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT THE ESSENTIAL PURPOSE OF THIS SECTION 10.2 IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES AND LIMIT POTENTIAL LIABILITY GIVEN THE SUBSCRIPTION CHARGES, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF WE WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. WE HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO PROVIDE YOU THE RIGHTS TO ACCESS AND USE THE SERVICE PROVIDED FOR IN THESE TERMS.

Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to You. IN THESE JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

10. GENERAL PROVISIONS

10.1 Governing Law. This Agreement and all matters arising out of or relating to this Agreement shall be governed by the laws of the State of Missouri, without regard to its conflict of law provisions. Any legal action or proceeding relating to this Agreement shall be brought exclusively in the state or federal courts located in the State of Missouri. We and You hereby submit to the jurisdiction of, and agree that venue is proper in, those courts in any such legal action or proceeding. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods.

10.2 Entire Agreement. This Agreement, including any Order Forms, constitutes the entire agreement between the parties regarding the subject hereof and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral.

10.3 Amendment. This Agreement may only be modified or amended by the affirmative consent from a duly authorized representative of each party. In the event that We modify the Agreement to reflect changes in our terms of service or privacy policy during the Term, We will notify You by email or other means and Your continued use of the Services will indicate Your affirmative consent to the amended terms. In the event You do not consent to the amended terms You may continue to use the Services as specified in this Agreement for remainder of the Term, but are required to indicate Your lack of consent to such amendments in writing within 30 days of being notified.

10.4 Waiver. The waiver by either party of any default or breach of this Agreement shall not constitute a waiver of any other or subsequent default or breach.

10.5 Notices. We may periodically contact You and Your Users via email or other means to inform You and your Users about product updates, special offers or other information that We believe may be valuable. We will also notify You by email or other means, if Your Data is breached, accessed or disclosed inadvertently to a third party.

10.6 Severability. If any provision of this Agreement is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of this Agreement will remain in force. The parties agree that neither party shall be deemed the drafter of this Agreement and, in the event any provision in this Agreement is alleged to be ambiguous, such provision will not be construed in favor of one party on the ground that the provision was drafted by the other party.

10.7 Relationship Between the Parties. Nothing in this Agreement shall be construed to create a partnership, joint venture or agency relationship between the parties. Neither party will have the power to bind the other or to incur obligations on behalf of the other without its prior written consent.

10.8 Assignment/Successors. You may not assign or transfer this Agreement, in whole or in part, without Our prior written consent. Any attempted assignment or transfer in violation of this Section will be null and void. Notwithstanding the foregoing, this Agreement shall inure to the benefit of the successors and permitted assigns of the parties.

10.9 Non-Exclusive Remedies. Except as set forth in this Agreement, the exercise by either party of any remedy under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.

10.10 No Third-Party Beneficiaries. This Agreement is intended for the sole and exclusive benefit of the signatories and is not intended to benefit any third party. Only the parties to this Agreement may enforce it.

LIFETIME PLAN LEGAL STATEMENT

This "Lifetime Plan" legal statement (the "Statement") governs your use of the Cattle360 Lifetime Plan (the "Lifetime Plan") offered by Cattle360. By subscribing to the Lifetime Plan, you agree to the terms and conditions outlined in this Statement.

1. LIFETIME PLAN DEFINITION:

1.1. Meaning of "Lifetime". For the avoidance of doubt, "Lifetime" refers exclusively to the operational lifetime of the Cattle360 application and services (the "Service"), and does not refer to the lifetime of the account holder, any User, or any other natural person. The Lifetime Plan entitles you to use the Service without additional subscription fees for so long as the Company continues to offer and operate the Service, and it terminates automatically, without further notice and without any refund obligation except as expressly stated in this Statement, at such time as the Service, or the specific product, edition, or feature the Lifetime Plan covers, is discontinued, retired, sunset, or otherwise ceases to be operated by the Company, or the Company ceases to carry on business.

1.2. No Perpetual or Guaranteed Term. The Lifetime Plan does not create a perpetual license, a guaranteed term, or any minimum period of access, and nothing in this Statement obligates the Company to continue operating the Service, or any portion of it, for any particular length of time. No statement, marketing material, or communication describing the plan as a "lifetime" plan shall be construed as a promise of perpetual access or as a commitment regarding the duration of the Service.

1.3. Scope. The Lifetime Plan covers only the features and service tiers included in the Lifetime Plan at the time of purchase, as they may change over time under Section 3.2. It does not include separately priced products, add-ons, integrations, hardware, or third-party services, and it does not exempt you from taxes, third-party fees, or charges for services purchased outside the plan.

1.4. Account-Bound. The Lifetime Plan is granted to, and exists only in connection with, the single Cattle360 account for which it was purchased. It has no independent existence apart from that account and terminates if that account is closed, cancelled, deleted, or terminated for any reason.

2. USER RESPONSIBILITIES:

By subscribing to the Lifetime Plan, you agree to the following responsibilities:

2.1. Compliance: You shall use Cattle360 in compliance with all applicable laws and regulations.

2.2. Account Security: You are responsible for maintaining the security of your account credentials and agree not to share your account details with others.

3. COMPANY'S RESPONSIBILITIES:

3.1. Service Availability: The Company will make commercially reasonable efforts to ensure the availability and functionality of the Cattle360 for Lifetime Plan users.

3.2. Updates and Maintenance: The Company may perform periodic updates, maintenance, and improvements to the service. These updates may include new features, enhancements, or bug fixes. The Company reserves the right to modify the Lifetime Plan without prior notice.

4. LIMITATIONS:

4.1. Transferability. The Lifetime Plan is personal to the account for which it was purchased and is strictly non-transferable. It may not be transferred, assigned, sold, resold, sublicensed, leased, gifted, bequeathed, inherited, or otherwise conveyed to any other individual, account, entity, successor, or estate, whether by operation of law or otherwise, and it does not transfer with the sale of a business, herd, or property. Any attempted transfer is null and void and, at the Company's discretion, may result in termination of the Lifetime Plan without refund.

4.2. Misuse. The Company reserves the right to terminate or suspend your access to the Lifetime Plan if you misuse the service, violate these terms, or engage in any fraudulent activities.

4.3. Fair Use. The Lifetime Plan is intended for the ordinary business use of a single account holder. It does not grant the right to share, resell, or provide access to the Service to third parties, to operate a service bureau, or to consume resources in a manner materially inconsistent with normal use, and the Company may apply reasonable usage limits on the same basis it applies them to other plans.

4.4. No Survivorship. The Lifetime Plan does not continue for the benefit of heirs, estates, successors, or assigns, and it confers no rights on any person other than the account holder.

5. TERMINATION:

5.1. Termination by the Company. The Company reserves the right to discontinue the Service or to terminate the Lifetime Plan for all users or for specific users at its discretion. In the event of such termination, the Company will make reasonable efforts to provide users with advance notice and, where reasonably practicable, an opportunity to export their data in accordance with Section 3.5 of the Terms.

5.2. Refunds on Termination. Because the Lifetime Plan is paid as a one-time fee rather than for a recurring billing period, the refund terms in Section 5.7 of the Terms apply to a Lifetime Plan only during the refund window stated at the time of purchase. After that window, a Lifetime Plan fee is non-refundable, including where the Service is later discontinued, except where a refund is required by applicable law or is offered by the Company in its discretion. Termination for misuse, breach, or attempted transfer is without refund.

5.3. Cancellation by You. You may cancel your Lifetime Plan, or request that your account be cancelled or deleted, at any time. Doing so ends your Lifetime Plan permanently; it cannot be reinstated, reactivated on a new account, or credited toward another plan.

6. DISCLAIMERS:

6.1. No Warranty: The Lifetime Plan is provided "as is" and without any warranties, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.