Juridiskt

UserTerms

These terms apply when you use Gallagher eShepherd™ through an account held by someone else, for example as a farm employee or contractor, or as a participant in a programme. They give you the right to use eShepherd and set out how to use it safely.

This document is part of how our terms work.

Gäller från October 2026Version 3.0Draft

eShepherd User Terms

Version 3.0 · Senast uppdaterad October 2026

These terms apply when you use eShepherd through an account held by someone else, for example as a farm employee or contractor, or as a participant in a programme. They give you the right to use eShepherd and set out how to use it safely.

Payment and our commercial commitments are dealt with in our agreement with the account holder, not here.

Questions? Contact us at eshepherd.support@gallagher.com.

1About these terms

1.1
Who these terms are with. These terms are between you and the Gallagher Group company shown in clause 15.4 of the Terms of Service for the country where the Hardware you use is registered and used (we, us and our). They apply when you use eShepherd through an account held by someone else who has an agreement with us (the Account Holder), for example as a farm employee or contractor, or as a participant in a funding or research programme run by the Account Holder. You means the person accepting these terms and, if a programme participant accepts them for their own farming business, that business. An employee or contractor accepting these terms doesn’t bind the Account Holder.
1.2
How these terms fit with the Account Holder's agreement. The Account Holder's agreement with us governs our supply of eShepherd to them. These terms govern your use of it. If the Account Holder’s agreement deals with what the Account Holder can see, or the Hardware and livestock operations the account covers, it applies to that. It doesn’t reduce your rights under clauses 2.3 and 6 (which governs our liability to you), or any right you have under law.
1.3
Accepting these terms. You accept these terms by clicking “I accept” (or similar) when you first log in. We’ll also ask you separately to confirm that you’ve read the Privacy Statement. You can’t use eShepherd until you’ve given both confirmations. If you accept for your own farming business, you confirm you have authority to bind it. Accepting these terms doesn’t bind the Account Holder or any other organisation you work for.
1.4
Changes to these terms. We'll give you at least 30 days' notice through eShepherd or by email of any change that materially reduces your rights or increases your obligations. If you don't agree, you can stop using eShepherd before the change takes effect. We may make changes required by law, a regulator or a court on shorter notice. Other changes take effect when published.

2Your right to use eShepherd

2.1
Your licence. While you have access under clause 2.3 and comply with these terms, we grant you, or procure the grant to you of, a non-exclusive, non-transferable, revocable right to use the Service, and the Firmware on Hardware registered to the account you use, for the livestock operations the account covers, in line with the Documentation.
2.2
No charges to you. Using eShepherd under these terms doesn't require you to pay us anything. Charges are dealt with between us and the Account Holder. If you want to use eShepherd on your own account, you'll need to accept the Terms of Service in your own name.
2.3
When your access ends. You can stop using eShepherd at any time. Your access ends if the Account Holder's agreement with us ends, the Account Holder removes your access, or we end these terms because you've materially breached them and, where the breach can be fixed, you haven’t fixed it within 14 days of our notice. We may also end these terms by notice if you commit a serious or repeated breach of clause 3 that puts animal welfare at risk. We'll ask the Account Holder to give you reasonable notice where practicable, so you can make other arrangements for any livestock you're responsible for.
2.4
Mobile apps. If you download the eShepherd mobile app from an app store, the app store’s licence terms (such as Apple’s standard licence terms) also apply to the app. Those terms cover your licence to download and install the app. These terms govern your use of eShepherd, including through the app, and if the two conflict about your use of eShepherd, these terms apply.

3Using eShepherd

3.1
Virtual fencing is not a physical barrier. eShepherd is a livestock management tool, not a physical barrier. No virtual fencing system can guarantee containment or animal behaviour. Performance depends on factors including animal behaviour, terrain, weather, network and GPS coverage, power and correct deployment. A virtual fence being crossed, or livestock escaping or straying, is not by itself a breach of these terms or negligence by us.
3.2
What we promise. We'll provide eShepherd with reasonable care and skill. We don't promise that it will be uninterrupted, error-free or suitable for every property, animal or legal requirement, or that alerts and reports will always be accurate, complete or received in time. Alerts, reports and recommendations are informational tools, not veterinary, agricultural, animal welfare, legal or other professional advice. To the extent the law allows, we exclude all other warranties.
3.3
Your responsibilities. If you're responsible for livestock managed using eShepherd, you remain responsible for their welfare, monitoring and containment, for providing appropriate feed, water and shelter, for keeping any physical fencing or other containment the law requires, and for complying with animal welfare, fencing, biosecurity and livestock control laws. You must also make sure other monitoring and containment arrangements are ready for when eShepherd is unavailable. Before using virtual fencing near a public road, railway, neighbouring property or other hazard, you must assess the risk of animals reaching it and use containment that's appropriate to the risk and lawful where you use eShepherd. Virtual fencing doesn't replace any physical fencing or other containment that the law requires. If you use the System on animals you don't own, you must have the owner's authority to do so.
3.4
Using eShepherd properly. When you use eShepherd, you must:
  • follow the Documentation, including training protocols, fitting instructions, recommended settings and safety guidance, and any safety notice we issue;
  • only fit Neckbands to the species and classes of animal the Documentation says they're designed for, and never to any other animal or to a person;
  • monitor animals regularly, especially during initial training, after changing boundaries or settings, and in unusual weather or site conditions;
  • check boundaries and settings you create against conditions on the ground;
  • keep alert notifications turned on and respond promptly to alerts you're responsible for;
  • correctly fit and maintain Neckbands, remove a Neckband from any animal showing signs of injury or adverse reaction, and tell the Account Holder and us promptly about any animal welfare concerns arising from your use of the System;
  • provide appropriate feed, water and shelter
  • keep your login details secure and not share them;
  • tell us promptly about any security issue affecting your login or any suspected breach involving personal information processed through eShepherd; and
  • comply with the laws that apply to your use of eShepherd, including animal welfare, export control and sanctions laws.
3.5
Things you must not do. You must not:
  • use eShepherd except for the livestock operations covered by the account, or give anyone else access;
  • copy, modify, reverse engineer or interfere with the Service, Hardware or Firmware, except to the extent the law expressly permits;
  • circumvent any security, billing or measurement mechanism;
  • use the SIM or network capability in the Hardware for anything other than operating it with the Service;
  • introduce malware, attempt unauthorised access, scan for vulnerabilities, scrape the Service or disrupt other users;
  • use eShepherd, System Data or extracts from the Service to build, train or benchmark a competing product, or give any of them to anyone else for that purpose;
  • publish non-public testing results without first giving us a reasonable opportunity to review them so we can request correction of factual errors and removal of Gallagher Group Confidential Information (this doesn’t apply where required by law or needed to get professional advice, make an insurance claim or enforce legal rights);
  • use eShepherd in any country or territory subject to comprehensive sanctions or a trade embargo or
  • remove or alter any branding or labels on the Hardware.
3.6
Third parties. If you use mapping or other third-party services through eShepherd, their terms apply, including the Google Maps/Google Earth Additional Terms of Service if you use Google Maps. Map imagery may be out of date or inaccurate, so check boundaries against conditions on the ground. Unless the law says otherwise, we're not responsible for third-party services, except to the extent a loss is caused by our breach or negligence.
3.7
Firmware updates. We may update Firmware remotely, as described in clause 7.3 of the Terms of Service. You must not block required updates.
3.8
Suspension. We may suspend your access if the Account Holder’s account is suspended under its agreement with us, if you materially breach these terms, if the law requires it, or if your continued access creates a serious risk to the security of eShepherd, animal welfare or anyone’s safety. Where we reasonably can, we’ll tell you why and give you at least 7 days’ notice so you can make other arrangements for any livestock. We may suspend immediately where the law requires or to address an urgent risk, and we’ll lift the suspension promptly once the issue is resolved.

4Intellectual property

4.1
Ownership. The Gallagher Group and its licensors own all intellectual property in eShepherd, including the Service, Firmware, Documentation and related technology, and any improvements. Apart from the rights in clause 2, no intellectual property rights transfer to you.
4.2
Feedback. If you give us suggestions, ideas or other feedback about the System, you give the Gallagher Group a perpetual, irrevocable, worldwide, royalty-free licence to use, copy, modify and build that feedback into its products and services without owing you payment. This doesn't affect your ownership of Participant Data or other data you own or of IP you developed independently, and we won’t publicly attribute feedback to you without your consent.

5Data and privacy

5.1
Data on the account. If you use eShepherd as an employee or contractor of the Account Holder, data entered into or displayed by eShepherd on the account belongs to the Account Holder under its agreement with us. If you take part in a programme run by the Account Holder for your own farming business, and the Account Holder's Signed Agreement with us says so, the farm and livestock information about your property and animals (Participant Data) belongs to you. The Account Holder can see and use Participant Data only as set out in that Signed Agreement and the programme information you were given before you accepted these terms. Owning Participant Data doesn't give you any rights in the System, or in the algorithms and models that produce it. System Data belongs to the Gallagher Group, as set out in the Terms of Service.
5.2
Our use of data. You give the Gallagher Group a non-exclusive, worldwide, royalty-free permission to use Participant Data and any other farm and livestock data you own, control or enter into eShepherd:
  • to operate, support, secure and maintain eShepherd;
  • to evaluate, improve, train and develop the Gallagher Group's algorithms, models and products;
  • to create Aggregated Data, which is data combined and de-identified so that you, your farm, your animals and your property can't reasonably be identified, and which the Gallagher Group owns and may use and share for research, benchmarking, industry insights and product development; and
  • as reasonably needed to comply with law, enforce these terms, resolve disputes or protect eShepherd.

We'll keep identifiable data within the Gallagher Group and service providers bound by confidentiality, and we'll de-identify it before sharing it with anyone else for these purposes, unless you or the law ask us to share it. We won't sell identifiable data. This permission is in addition to any permission the Account Holder gives us, and it doesn't give the Account Holder or anyone else any right to your data

5.3
After these terms end. The permission in clause 5.2 continues only:
  • for Aggregated Data already created;
  • for reports and recommendations already generated, to evaluate and improve our models;
  • for any model, algorithm or product developed using your data (whether or not the data was de-identified at the time), including its continued use, validation and improvement; and
  • for as long as reasonably needed to comply with law or resolve a dispute.

We don't have to delete, retrain or rebuild any model or product, but we won't use them to reconstruct or re-identify your data. If you're a programme participant, you can ask for a copy of your Participant Data within 60 days after these terms end, and clause 10.8 of the Terms of Service applies to that request as if you were the customer.

5.4
Privacy. The Privacy Statement explains how the Gallagher Group handles personal information, including yours.

6Liability

6.1
How this clause applies. This clause applies to all claims under or in connection with these terms, eShepherd or your use of it, however they arise (including in negligence), and to us and every other Gallagher Group company together.
6.2
Excluded losses. Neither of us is liable to the other for loss of profit, revenue or savings; loss of business, contracts, goodwill or data; business interruption or management time; indirect or consequential loss; fines, penalties or punitive damages; or any loss the affected party could reasonably have avoided or reduced.
6.3
Our liability to you. The Gallagher Group's total liability to you, the Account Holder and every other user of the Account Holder's account, for all events occurring in the same Contract Year, is one combined cap. It is equal to the liability cap in the Account Holder's agreement with us and is shared with it. It is not a separate cap for each user or agreement. A series of related events, or an event that continues over time, is treated as one event occurring when it first occurs.
6.4
Rights that can’t be excluded. Clauses 6.2 and 6.3 don't apply to liability for death or personal injury caused by negligence, fraud, wilful misconduct, deliberate or reckless breach of confidentiality, wilful infringement of the other party's intellectual property, or anything else that can't lawfully be excluded or limited. Nothing in these terms excludes, restricts or modifies rights or remedies you have under law that can't lawfully be excluded, restricted or modified. The country-specific terms in clause 17 of the Terms of Service also apply to these terms.
6.5
Insurance. If you own or are responsible for livestock, you should keep appropriate insurance for it and talk to your insurer before using virtual fencing.
6.6
Reducing loss. Each of us must take reasonable steps to reduce loss, including, for you, responding to alerts you're responsible for and keeping other containment arrangements in place. No one can recover twice for the same loss, including under the Account Holder's agreement with us.

7General

7.1
Governing law and disputes. These terms are governed by the law, and disputes about them are resolved in the way, that applies under clauses 15.3 and 15.4 of the Terms of Service for the country where the Hardware you use is registered and used. If you and we both agree, a dispute under these terms may be heard together with a related dispute under the Account Holder’s agreement with us.
7.2
Transferring these terms. You can't transfer these terms. We may transfer these terms within the Gallagher Group or in a genuine sale or restructure, and we'll tell you within 30 days. We may subcontract but remain responsible for our obligations.
7.3
Notices. We'll send notices to the contact details in your eShepherd login or through eShepherd. Formal notices to us must be in writing to the address in clause 15.4 of the Terms of Service, copied to the Chief Legal & Risk Officer at legal@gallagher.com.
7.4
Gallagher Group companies can rely on these terms. Each Gallagher Group company may enforce clauses 3, 4 and 6, subject to the same limits as us, as an intended beneficiary under the Contract and Commercial Law Act 2017 (NZ), the Contracts (Rights of Third Parties) Act 1999 (UK) and any equivalent law. If the law doesn't give a Gallagher Group company a direct right to enforce a provision, we hold the benefit of that provision on trust for that company and will enforce it at its request. We can vary or end these terms without the consent of any Gallagher Group company or the Account Holder. Otherwise, no one else has rights under these terms.
7.5
Other legal matters. These terms are the entire agreement between you and us about your use of eShepherd, together with any terms they refer to. The Terms of Service clauses referred to in these terms are available at eshepherd.com/terms and through the eShepherd app. Neither of us is responsible for failure or delay caused by events genuinely beyond our reasonable control, but this doesn't excuse your livestock welfare obligations. Waivers must be in writing, and delay in enforcing a right isn't a waiver. Invalid terms are read down or severed to the minimum extent necessary. Clauses 3.1, 3.2, 4, 5 and 6 continue after these terms end.
7.6
Language. These terms were written in English. If we give you a translation, it’s for convenience only, and if there’s any inconsistency, the English version applies, unless the law requires otherwise.

8Definitions

8.1
Definitions. In these terms:

Account Holder has the meaning given in clause 1.1.

Account Holder's agreement means the Terms of Service accepted by the Account Holder, together with any Signed Agreement between the Account Holder and us that varies them.

Contract Year has the meaning given in the Account Holder's agreement with us.

eShepherd means the System, including the Service, Hardware, Firmware and our web and mobile apps.

Terms of Service means the eShepherd Terms of Service at eshepherd.com/terms, as updated in line with those terms.

Other capitalised terms (including Documentation, Firmware, Hardware, Privacy Statement and Service) have the meanings given in the Terms of Service.

8.2
Interpretation. Headings are for convenience only and don't affect interpretation. The “Important things to know” summary is for convenience only and isn’t part of these terms. Words like “including” don't limit the words that follow. The singular includes the plural and the other way around. A reference to a law includes that law as amended or replaced.

You've reached the end of these terms. Thanks for reading them.

Hem