BoviSync End User License Agreement
This End User License Agreement (this “Agreement”) is between Dairy LLC DBA BoviSync (“BoviSync,” “we,” “us,” or “our”), and the farm, business, organization, or person that accesses or uses the BoviSync platform (“Customer,” “you,” or “your”).
By creating an account, accepting this Agreement, logging in, accessing BoviSync, using the mobile app, using the web platform, connecting integrations, importing data, or allowing others to use BoviSync for your farm or organization, you agree to this Agreement.
If you are accepting this Agreement for a farm, company, organization, or other legal entity, you represent that you have authority to bind that entity.
Plain-English Summary: Your Farm Data
This summary is provided to make the data policy easier to understand. The binding legal terms follow below.
Your Farm Data belongs to your farm.
Farm Data means the information about your farm that is entered into, imported into, stored in, collected through, or generated from BoviSync. This includes animal records, events, treatments, reproduction records, production records, imported data, integration data, calculated values, reports, scores, analytics, alerts, recommendations, and other farm-specific outputs.
BoviSync owns the software. Your ownership of Farm Data does not give you ownership of BoviSync’s software, code, workflows, algorithms, models, interfaces, documentation, or general product improvements.
We use Farm Data to run BoviSync for you. That includes hosting, storing, displaying, processing, supporting, securing, maintaining, troubleshooting, auditing, and improving the platform and the services you use.
We do not sell your Farm Data. We do not license, assign, transfer, or commercialize your Farm Data as a standalone dataset.
We may use anonymous, combined information. BoviSync may create and use de-identified aggregated data for benchmarking, research, quality control, analytics, and product improvement, but only if no farm or person can reasonably be identified, singled out, re-identified, or reconstructed.
We may use service providers. Vendors who help us host, support, secure, maintain, or improve BoviSync may access Farm Data only as needed to do that work and only under confidentiality, restricted-use, security, and no-reidentification obligations.
We use product telemetry to improve BoviSync. We may collect usage, error, performance, click, device, browser, app-version, and session information to fix bugs and improve the product. We do not intentionally include herd records, animal events, production data, or other Farm Data in general product telemetry.
We may review chatbot interactions to improve the assistant. If a user enters Farm Data into a chat, that content will be treated as Farm Data under this Agreement. BoviSync will not use Farm Data in chatbot conversations to train cross-farm models or unrelated third-party models.
We may improve features for your farm. BoviSync may use your Farm Data to provide farm-specific reports, alerts, recommendations, automation, analytics, and decision-support features for your farm.
If BoviSync is sold, merged, financed, or reorganized, your Farm Data does not become a standalone asset for sale. Farm-level data may not be disclosed in transaction diligence without the affected Farm’s written consent, except where the information is redacted, de-identified, or aggregated and subject to confidentiality, no-use, and no-reidentification restrictions. Any successor must honor these Farm Data commitments.
If you leave BoviSync, you may request export of your Farm Data in a commercially reasonable format supported by BoviSync. BoviSync may retain Farm Data only as reasonably necessary for backups, legal compliance, security, audit logs, accounting, dispute resolution, and system integrity. Retained Farm Data remains protected by this Agreement.
Definitions
“Authorized User” means a person or organization authorized by a Customer, Farm, or Farm Admin to access the Platform or Farm Data.
“De-Identified Aggregated Data” means data derived from Farm Data that has been processed so that no Farm, Farm user, employee, animal owner, or natural person can reasonably be identified, re-identified, singled out, or reconstructed using commercially reasonable means, whether alone or in combination with other information reasonably available to the recipient.
“Farm” means the farm, dairy, herd owner, farm business, or farm customer whose operations are managed, recorded, analyzed, or supported through BoviSync.
“Farm Admin” means a person authorized to manage account access, permissions, users, integrations, or data access for a Farm.
“Farm Data” means all data associated with a Farm’s operations that is entered into, collected through, stored within, imported into, or generated from the Farm’s use of BoviSync, including raw data, imported data, integration data, animal records, treatment records, reproduction records, production records, DHIA data, milk data, feed records, financial records, event records, user-entered notes, calculated values, reports, scores, analytics, alerts, recommendations, and other outputs that remain attributable to, linked to, or reasonably identifiable with a specific Farm or group of Farms.
“Platform” means the BoviSync software, mobile applications, web applications, databases, APIs, reports, tools, interfaces, documentation, and related services.
“Product Telemetry” means usage, error, crash, performance, click, navigation, device, browser, app-version, session, and similar technical information collected to operate, secure, debug, measure, and improve BoviSync. Product Telemetry does not include Farm Data unless Farm Data is incidentally captured in logs or support records, in which case it remains protected as Farm Data.
“Service Provider” means a hosting provider, software vendor, contractor, consultant, support provider, data processor, infrastructure provider, analytics provider, AI provider, or other person or company that helps BoviSync provide, support, secure, maintain, or improve the Platform.
License to Use BoviSync
BoviSync grants Customer a limited, non-exclusive, non-transferable, revocable license to access and use the Platform during the active subscription term and subject to this Agreement.
Customer may use the Platform only for lawful farm, herd, business, data-entry, reporting, analytics, management, and related operational purposes.
Customer may not copy, reverse engineer, decompile, resell, sublicense, or use the Platform to build a competing product, except to the extent applicable law does not allow that restriction.
BoviSync Platform Ownership
BoviSync retains all right, title, and interest in and to the Platform, software, source code, object code, APIs, interfaces, workflows, architecture, algorithms, models, model weights, generalized learnings, system rules, user interfaces, documentation, analytics methods, and all improvements, modifications, and derivative works of those items.
Customer receives only the limited license expressly stated in this Agreement.
A Farm’s ownership of Farm Data does not transfer ownership of BoviSync’s platform intellectual property to the Farm.
BoviSync’s ownership of the Platform does not transfer ownership of Farm Data to BoviSync.
Farm Data Protection
Farm Ownership of Farm Data
Each Farm retains all right, title, and interest in and to its Farm Data.
BoviSync does not claim ownership of Farm Data.
BoviSync does not acquire ownership of Farm Data by hosting it, processing it, transforming it, calculating values from it, generating reports from it, creating analytics from it, creating recommendations from it, using it to provide support, or using it as otherwise permitted by this Agreement.
Limited License to Use Farm Data
The Farm grants BoviSync a limited, non-exclusive, royalty-free license to use Farm Data only as reasonably necessary to:
- provide, host, store, back up, transmit, display, and process Farm Data;
- provide the Platform and related products and services;
- provide support, training, troubleshooting, and customer service;
- secure the Platform and prevent misuse;
- maintain, audit, test, debug, and improve Platform reliability;
- provide farm-specific reports, alerts, recommendations, analytics, automation, and decision-support tools;
- support Farm-authorized integrations and third-party access;
- comply with law, legal process, accounting obligations, audit obligations, and security requirements;
- create and use De-Identified Aggregated Data as allowed by this Agreement; and
- otherwise perform obligations expressly authorized by the Farm or required under this Agreement.
Restrictions on BoviSync’s Use of Farm Data
BoviSync will not:
- sell Farm Data;
- license, sell, commercialize, distribute, disclose, or otherwise make Farm Data available to any third party except as expressly permitted under this Agreement;
- assign or transfer Farm Data as a standalone commercial asset;
- commercialize Farm Data itself apart from the Platform and services;
- disclose farm-level Farm Data to investors, directors, board observers, lenders, acquirers, strategic partners, affiliates, or transaction parties merely because of their relationship with BoviSync;
- use Farm Data for competitive advantage against the Farm;
- use Farm Data for unrelated proprietary development outside BoviSync’s Platform and services;
- use Farm Data for cross-farm chatbot training or unrelated third-party model training;
- disclose farm-level Farm Data in transaction diligence without the affected Farm’s written consent, except as expressly allowed below; or
- use Farm Data for any purpose adverse to the Farm that owns the data.
Product Telemetry
BoviSync may collect and use Product Telemetry to operate, secure, debug, measure, and improve the Platform.
BoviSync will use commercially reasonable efforts to avoid intentionally including Farm Data in Product Telemetry. If Farm Data is incidentally captured in Product Telemetry, error logs, support records, URLs, request payloads, screenshots, or diagnostic materials, BoviSync will continue to treat that information as Farm Data under this Agreement.
AI Assistant and Chatbot Interactions
BoviSync may provide AI assistant, chatbot, automation, analytics, recommendation, or decision-support features.
BoviSync may review and use chatbot interactions to improve the assistant, diagnose errors, measure usefulness, improve help content, and improve the user experience.
If a user enters Farm Data into a chatbot or AI assistant, that content remains Farm Data.
BoviSync will not use Farm Data in chatbot conversations to train cross-farm models, unrelated third-party models, or external models not used to provide or improve BoviSync services for the Farm.
BoviSync may use Farm Data to provide farm-specific AI, analytics, reports, recommendations, alerts, automation, and decision-support features for that Farm.
BoviSync may use external AI Service Providers only under written confidentiality, restricted-use, security, and no-reidentification obligations that prohibit the provider from using Farm Data to train unrelated models, except where the Farm has expressly authorized otherwise.
De-Identified Aggregated Data
BoviSync does not currently create, use, disclose, commercialize, license, sell, or offer products based on De-Identified Aggregated Data derived from Farm Data.
BoviSync may create, use, disclose, or commercialize De-Identified Aggregated Data only if BoviSync develops a specific product, service, feature, program, or offering that relies upon such data and the affected Farm has expressly opted in to participation.
Participation in any such program must be voluntary. A Farm's use of the Platform does not constitute consent to the creation, use, disclosure, commercialization, licensing, sale, benchmarking, research use, analytics use, product-development use, or other use of De-Identified Aggregated Data beyond what is expressly authorized through an affirmative opt-in.
Absent an express opt-in from the affected Farm, BoviSync may not use Farm Data, whether identified, de-identified, aggregated, anonymized, pseudonymized, transformed, summarized, or otherwise processed, for cross-farm benchmarking, industry benchmarking, research, commercialization, sale, licensing, marketing, or other aggregated-data programs.
If BoviSync offers an opt-in aggregated-data program in the future, BoviSync will describe the program, the categories of data involved, the intended uses, and the participation terms before collecting any consent.
No customer, user, Service Provider, investor, lender, acquirer, affiliate, or third party may attempt to identify, re-identify, single out, reconstruct, or infer the identity of any Farm or person from De-Identified Aggregated Data.
Service Providers
BoviSync may disclose Farm Data to employees, contractors, vendors, hosting providers, analytics providers, support providers, infrastructure providers, AI providers, and other Service Providers only to the extent reasonably necessary to provide, support, secure, maintain, troubleshoot, audit, or improve BoviSync.
BoviSync will require Service Providers that access Farm Data to be bound by written confidentiality, restricted-use, security, and no-reidentification obligations at least as protective as this Agreement.
Service Providers do not receive ownership rights in Farm Data.
Farm-Controlled Access and Integrations
A Farm may authorize employees, consultants, veterinarians, nutritionists, DHIA organizations, processors, advisors, service providers, software integrations, API users, and other third parties to access its Farm Data.
BoviSync may share Farm Data according to the Farm’s account permissions, admin settings, integration settings, API authorization, or written instructions.
The Farm is responsible for selecting Authorized Users, managing permissions, and removing access when access should end.
BoviSync may rely on instructions from a Farm Admin unless BoviSync has actual knowledge that the Farm Admin lacks authority.
Authority and Account Administration
BoviSync administers account access and permissions based on the roles, permissions, and authorization settings configured within the Platform.
A user assigned the Owner permission level within the Platform ("Owner User") is authorized to administer the account, manage user access, authorize or revoke integrations, approve imports and exports, manage account settings, and provide instructions to BoviSync regarding Farm Data associated with that account.
BoviSync may rely on actions, instructions, permissions, approvals, authorizations, and access controls established by an Owner User unless BoviSync has actual knowledge that such authority is invalid.
A Farm, Customer, account administrator, consultant, management company, employee, contractor, veterinarian, nutritionist, advisor, or other person may create, administer, or access an account on behalf of a Farm. The assignment of Owner permissions within the Platform determines administrative authority within the Platform and does not constitute a determination by BoviSync regarding the underlying legal ownership of a Farm, herd, business entity, account, or Farm Data.
BoviSync does not independently verify legal ownership of a Farm, herd, business entity, account, or Farm Data and is not responsible for investigating ownership disputes, agency relationships, contractual relationships, operating agreements, partnership agreements, management agreements, employment relationships, or similar matters among users, Farms, consultants, vendors, or third parties.
Customer is responsible for ensuring that users assigned Owner permissions possess the authority necessary to act on behalf of the Farm associated with the account. Any dispute regarding ownership of Farm Data, authority to access Farm Data, authority to administer an account, or authority to provide instructions concerning Farm Data shall be resolved by the parties asserting those rights and shall not require BoviSync to determine the merits of competing claims.
Nothing in this Section transfers ownership of Farm Data to BoviSync. As between BoviSync and Customer, BoviSync does not acquire ownership rights in Farm Data by hosting, processing, storing, transmitting, displaying, importing, exporting, analyzing, or otherwise providing services relating to Farm Data.
Business Transactions
BoviSync will not sell, transfer, or exclusively license Farm Data as a standalone asset class.
In connection with a financing, investment, merger, acquisition, sale of assets, reorganization, recapitalization, conversion, or similar transaction, BoviSync may disclose information reasonably necessary to evaluate the transaction only if the disclosure is subject to confidentiality, no-use, and no-reidentification obligations.
BoviSync will not disclose farm-level Farm Data to a prospective purchaser, merger partner, financing source, strategic investor, lender, advisor, or other transaction party without the affected Farm’s written consent, except where the information is redacted, de-identified, or aggregated so that the Farm cannot reasonably be identified, singled out, re-identified, or reconstructed.
Any successor, buyer, surviving company, or acquirer of BoviSync must assume the Farm Data obligations in this Agreement in writing.
Legal Process
BoviSync may disclose Farm Data if required by law, subpoena, court order, regulation, or other valid legal process.
Unless legally prohibited, BoviSync will use commercially reasonable efforts to notify the affected Farm before disclosure so the Farm may seek protection or limit disclosure.
BoviSync will disclose only the Farm Data reasonably required by the legal process.
Security
BoviSync will use commercially reasonable administrative, technical, and physical safeguards designed to protect Farm Data against unauthorized access, disclosure, alteration, or destruction.
The Farm is responsible for managing its own user permissions, passwords, devices, local networks, and third-party access.
Export, Retention, and Deletion
During an active subscription, the Farm may export Farm Data in a format BoviSync reasonably supports.
After termination or non-renewal, BoviSync will provide a commercially reasonable opportunity for the Farm to request export of Farm Data, subject to payment of undisputed amounts due, reasonable technical limits, and any applicable written agreement.
BoviSync may retain Farm Data after termination only as reasonably necessary for backups, legal compliance, security, dispute resolution, audit logs, fraud prevention, accounting, support records, or system integrity.
A Farm may request deletion of Farm Data, subject to legal, technical, backup, audit, accounting, security, and system-integrity limitations.
Retained Farm Data remains subject to this Agreement.
Customer Responsibilities
Customer is responsible for:
- having the right to submit Farm Data to BoviSync;
- making sure Farm Data submitted through the Platform is lawful;
- managing user permissions;
- removing access for users who should no longer have access;
- maintaining password and device security;
- complying with laws applicable to Customer’s use of the Platform;
- obtaining required consents from employees, contractors, advisors, or third parties; and
- ensuring third-party systems connected to BoviSync are authorized by the Farm.
Customer may not use the Platform to upload unlawful data, transmit harmful code, interfere with the Platform, bypass security controls, scrape data without authorization, or access another Farm’s data without permission.
Third-Party Integrations
The Platform may connect with third-party systems, vendors, consultants, DHIA organizations, processors, laboratories, genetic providers, accounting tools, reporting tools, APIs, and other services.
When a Farm authorizes an integration or third-party access, BoviSync may share Farm Data with that third party according to the Farm’s authorization.
BoviSync is not responsible for how a third party uses Farm Data after the Farm authorizes that third party to receive it, except to the extent BoviSync has separately agreed in writing.
Fees and Payment
Customer must pay applicable subscription, service, setup, support, integration, development, or usage fees according to the applicable order, invoice, pricing schedule, or written agreement.
BoviSync may suspend access for non-payment after reasonable notice, unless prohibited by a separate written agreement.
Suspension for non-payment does not transfer ownership of Farm Data to BoviSync.
Term and Termination
This Agreement begins when Customer first accepts it, creates an account, logs in, accesses the Platform, or uses the Platform.
Either party may terminate according to the applicable subscription terms, order form, invoice, or written agreement.
BoviSync may suspend or terminate access for material breach, unlawful use, security risk, non-payment, unauthorized access, or misuse of the Platform.
Termination ends Customer’s right to use the Platform, but it does not change Farm ownership of Farm Data.
Sections intended to survive termination will survive, including Farm Data ownership (Section 5), confidentiality (Section 10), Platform ownership (Section 4), limitations of liability (Section 12), equitable remedies (Section 13), arbitration and dispute resolution (Section 17), and any payment obligations accrued before termination.
Confidentiality
Each party may receive confidential information from the other.
BoviSync confidential information includes non-public software, architecture, source code, object code, pricing, business information, product roadmaps, security information, documentation, and Platform design.
Farm confidential information includes Farm Data and other non-public farm, business, operational, financial, animal, employee, or customer information.
Each party will protect the other party’s confidential information using reasonable care and will not disclose it except as allowed by this Agreement or another written agreement.
Warranty Disclaimer
The Platform is provided on an “as is” and “as available” basis except as expressly stated in a written agreement.
BoviSync does not guarantee that the Platform will be uninterrupted, error-free, or meet every customer requirement.
BoviSync does not replace Customer’s professional judgment. Reports, alerts, analytics, recommendations, and decision-support tools are informational and should be reviewed by qualified farm personnel and advisors.
Limitation of Liability
To the maximum extent allowed by law, BoviSync will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost business, business interruption, or loss of goodwill.
BoviSync’s total liability will be limited to the amount paid by Customer to BoviSync during the three months before the event giving rise to the claim.
The limitations in this Section 12 apply to all claims and remedies under this Agreement, whether in contract, tort, equity, or otherwise, including claims under Section 13 (Equitable Remedies).
Equitable Remedies
The parties agree that unauthorized use, sale, disclosure, transfer, or attempted re-identification of Farm Data may cause harm that money damages cannot adequately fix.
Subject to Section 12 (Limitation of Liability), BoviSync and any Farm legally entitled to enforce the Farm Data provisions may seek injunctive relief, specific performance, or other equitable remedies for breach or threatened breach of Section 5, through the arbitration process described in Section 17 or as otherwise permitted by Section 17.
Nothing in this Section creates a right to monetary recovery beyond the limits in Section 12.
Updates to this Agreement
BoviSync may update this Agreement from time to time by posting the updated version and providing notice as required by law or BoviSync’s customer notice practices.
When an update requires your acceptance, you must affirmatively accept the updated Agreement through BoviSync’s click-through acceptance flow before you may continue using the Platform. Clicking “I agree,” checking an acceptance box, or taking a similar affirmative action in the product constitutes your acceptance of the updated Agreement. BoviSync will record the Agreement version you accepted and the date of acceptance.
BoviSync may not materially weaken the Farm Data protections in Section 5 unless the change is approved as required by BoviSync’s governing documents and applicable law.
Changes required by law, security needs, or technical operation may be made so long as they do not materially weaken Farm ownership, anti-sale, anti-reidentification, diligence, successor-assumption, or Farm Data use restrictions.
Assignment and Successors
Customer may not assign this Agreement without BoviSync’s written consent, except as part of a lawful transfer of the Farm’s business or assets.
BoviSync may assign this Agreement as part of a merger, conversion, reorganization, financing, sale of assets, or change of control only if the successor assumes the Farm Data obligations in this Agreement.
Any successor to BoviSync must honor the Farm Data protections in Section 5.
Order of Priority
If this Agreement conflicts with an order form, invoice, statement of work, support policy, API terms, privacy policy, or website terms, this Agreement controls for Platform use and Farm Data unless the other document gives the Farm stronger Farm Data protections.
No customer-facing agreement may be interpreted to waive or weaken governance-level Farm Data protections.
Governing Law, Binding Arbitration, and Class Action Waiver
This Agreement is governed by Wisconsin law, without regard to conflict-of-law rules.
Binding arbitration. Any dispute, claim, or controversy arising out of or relating to this Agreement, the Platform, or Farm Data — including disputes about the existence, validity, interpretation, breach, or termination of this Agreement, and including claims for equitable relief under Section 13 — will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator. The arbitration will be seated in Dane County, Wisconsin, and may be conducted by videoconference where appropriate. Judgment on the award may be entered in any court of competent jurisdiction.
The arbitrator has authority to award any remedy available under this Agreement, including injunctive relief and specific performance under Section 13, subject in all cases to Section 12 (Limitation of Liability).
Interim relief. Either party may seek temporary or preliminary injunctive relief from a court of competent jurisdiction in Dane County, Wisconsin in aid of arbitration, to preserve the status quo or prevent irreparable harm pending the arbitrator's decision, without waiving the agreement to arbitrate.
Class action waiver. All disputes will be arbitrated on an individual basis. Neither party may participate in a class, consolidated, or representative action, and the arbitrator may not consolidate claims of multiple Farms or customers without all parties' consent. If any court finds the class action waiver unenforceable as to a particular claim, that claim will proceed in court and the remainder of this arbitration agreement will continue in effect.
Fees. Each party bears its own attorney's fees and costs. Arbitration administrative fees will be allocated according to the applicable AAA rules unless the arbitrator determines otherwise.
Claims must be brought within one (1) year after the claim arises, unless applicable law does not allow that limitation.
Entire Agreement
This Agreement, together with any applicable order form, pricing schedule, statement of work, API terms, privacy policy, and written customer agreement, forms the agreement between BoviSync and Customer regarding use of the Platform.
Nothing in those documents may override Section 5 unless the change is approved as required by BoviSync’s governing documents and applicable law.