Terms of Service: Count My Herd

1 Agreement

These terms are between you and Origae (ABN 21 237 258 402), a business name registered to the sole trader who operates Count My Herd from Melbourne, Victoria, Australia ("Origae", "we", "us"). Anyone can confirm who holds that ABN on the Australian Business Register (abr.business.gov.au). By using the Count My Herd app or website (the "Service") you agree to them. If you do not agree, do not use the Service.

The app is licensed to you, not sold. Section 8 says what that licence covers.

2 What the Service does

You choose one species (cattle, sheep, horses or goats) and take or pick between one and ten photographs of a paddock or a mob. The Service sends the photographs to an AI provider, which reads them three times. Each time, the model marks every animal it sees, and our software counts the marks. From those readings the Service produces an estimated head count with a range, a dot on every animal it counted, a confidence level, and a list of what limited the count, such as photographs that were unusable or animals that were hidden.

If you save a count to a paddock, the Service keeps the paddock's name and its count history, and warns you when a new count is lower than the paddock's last one. That warning is a prompt to go and look, not a finding that stock is missing.

The photographs are read by a third-party AI model. We use one provider by default and a second as a backup. Either may change without notice; the Privacy Policy names the current ones.

Part of each count is free: the photo check, the confidence level and the warnings. The price and the notice that this is an estimate are shown before you pay. Your first count on an install shows the whole result, and that is free. After that, the estimate, the range and the dots stay hidden until you pay for that count. One purchase unlocks one count.

3 No account is required

There is no sign in. You do not create an account, and we hold no profile of you. Your paddocks and count history are filed under a random number made on your phone. See the Privacy Policy.

4 The count is an estimate

Count My Herd produces an ESTIMATE from photographs. It is not a head count through the race or the yards, and it has no legal standing for any sale, record, declaration or claim. Do not sell, buy, consign, report, borrow against or insure stock, or make any decision about the welfare of an animal, on the strength of a number from this app.

Plainly: the number is an estimate produced by an artificial intelligence model reading photographs. Nobody walked the paddock. The model marks the animals it can see, the app counts the marks across three readings, and it reports a range around the result. It is an informed estimate with its workings shown, and it should be treated as one.

No accuracy is promised

We do not warrant that any count is accurate to any degree. The same photographs can give a different number on a second run. Nothing in the app, on this site or in our marketing is a promise about accuracy.

You are responsible for checking the count, for example by counting the mob through a gate or the race, before you rely on it for anything. If the app tells you a count looks unreliable, it probably is.

What it must not be used for

Sale by the head. Do not buy, sell or consign stock on a number from this app, or use it to settle a sale, an agistment bill or a dispute about numbers.
Official stock and movement records. Do not use it for NLIS records, National Vendor Declarations, movement documents, stock returns, or any statutory, audit or assurance scheme document.
Lender and insurance figures. Do not give a number from this app to a bank, a lender, an insurer or an assessor as a stock count.
Welfare checks. The app counts animals. It does not check their health or welfare, and a count that looks right does not mean every animal is well, or that none is down, stuck or missing out of sight.
Anything where a wrong count could cause harm to a person, an animal or a business. If you are unsure whether a use is safe, it is not.

Why it can be wrong

Animals overlap, stand behind each other or behind trees, sheds and rises, and move between photographs. Distant animals are small, and some may be cut off at the edge of a frame. Photographs that overlap can show the same animal twice; photographs that leave gaps can miss some altogether. The AI can also mistake one species for another, or count something that is not an animal.

The app shows you a range and a dot on every animal it counted, and lists the specific things that hurt each count. Those are not decoration. Look at the dots and read the warnings before you act.

5 Your photographs and paddock history

You keep ownership of your photographs. You grant us a limited, non-exclusive licence to do only what is needed to produce the count you asked for: to transmit the photographs to our AI provider, have them read, and return the result. We do not use your photographs to train any model, and the AI providers' developer terms say they do not either. We do not use them for anything else, and they are deleted from our systems when the count finishes. The AI provider may keep them for up to 30 days for abuse monitoring under its own terms, as the Privacy Policy explains.

Your paddock names and count history are yours. You grant us a licence to store them and show them back to you in the app. You can delete a paddock and its counts in the app, or ask us to delete all of them, as the Privacy Policy explains.

You must have the right to upload what you upload. If a person appears in a photograph, you are responsible for having their agreement.

6 Price and payment

Unlocking one count is one purchase, and one only. In Australia a single count is A$1.00. Count packs of 10, 30 and 100 counts are separate purchases. Each is a consumable: nothing renews, nothing turns into a subscription, and there is nothing to cancel. Prices differ from country to country. The App Store or Google Play shows the exact price in your local currency before you buy, and that figure governs.

In the iOS app, purchases are made through Apple's In-App Purchase and are subject to Apple's Media Services Terms and Conditions. In the Android app they are made through Google Play Billing. The store takes the payment; we never see your card details.

An unlock is valid for 90 days from purchase, or for a pack count, from when it is spent, and the count it unlocks is kept for 30 days from when it was taken. An unlock applied to one count cannot be moved to another. A purchase you paid for but never used is recovered by the app and applied to your next count.

Count packs never expire: a pack ends only when its counts are used up or it is refunded. The 90-day limit applies to each unlock, counted from the moment a count is spent, not to the pack. A pack bought on an iPhone can be moved to another iPhone with its pack transfer code, and restored with "Restore my packs" on the same Apple account.

The free first count

While we offer it, the first count on each install of the app is free: one per install, no code needed. It is a gift, not a contract term. We may withdraw or change it at any time without notice, including for tokens already issued, because every count costs us money before anyone pays for it. If you have already paid for an unlock, withdrawing the free count does not affect it.

Refunds

Refunds for purchases made in the app are handled by Apple or Google Play through their own process. We cannot issue them directly. If you are entitled to a remedy from us under section 9 and the store does not provide it, contact us and we will work it out with you.

7 Acceptable use

You must not:

attempt to obtain a paid count without paying for it, including by forging, replaying or sharing a purchase token, a free count or a pack transfer code you are not entitled to;
upload anything unlawful, offensive or that you do not have the right to upload, or any photograph that is not of livestock to be counted;
use bots, scripts or other automated means to access the app or its API, or to copy material from them, other than through the app itself;
use the app or its API to train, fine-tune or otherwise develop a machine learning model;
use the Service's API other than through the app, or build any product or service on top of it, without our written agreement;
reverse engineer, decompile, disassemble, decrypt or tamper with the app, its API, its security measures or the paywall, or try to derive its source code, prompts or model instructions, except to the extent the law allows regardless of this clause;
copy, frame or mirror the app or the website, or present them as your own;
remove or alter any copyright, trade mark or other notice;
present output from the Service to anybody else as a head count taken through the race or the yards, or as an official or certified stock count.

8 Licence and intellectual property

8.1 Ownership. The Service, including the app, the website, their software (source and object code), design, text, graphics and logos, is owned by Origae (ABN 21 237 258 402) and protected by copyright, trade mark and other laws. © 2026 Origae (ABN 21 237 258 402). All rights reserved.

8.2 Trade marks. Count My Herd, Origae and the Count My Herd logo are trade marks of Origae. These terms give you no right to use them.

8.3 Licence. We grant you a personal, non-exclusive, non-transferable, non-sublicensable licence, which ends if you materially breach these terms or if we withdraw the Service under section 12, to use the app on Apple or Android devices you own or control, for your own farming or livestock business, in line with these terms. The app is licensed, not sold. We keep every right we do not expressly grant.

8.4 Your counts. The counts you generate are yours to use in your own business, subject to sections 4 and 7.

8.5 Confidential information. The prompts, model instructions, tuning settings and source code behind the Service are our confidential information.

8.6 Suggestions. If you send us suggestions, we may use them without obligation to you.

8.7 Copyright page. Our Copyright and intellectual property page explains this section in more detail. If it differs from these terms, these terms apply.

9 Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms excludes, restricts or modifies those guarantees or any other right you have under that law, and where any part of this document is inconsistent with them, that law prevails.

For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

A count that turns out to differ from a count through the race is not, by itself, a failure of the service. The service is an estimate, section 4 says so, and the guarantee of due care and skill is about how the estimate is produced, not about it matching a head count.

10 Disclaimers and limits

Subject entirely to section 9, the Service is provided "as is". We do not warrant that any count is accurate, that the Service will be available or uninterrupted, or that the AI providers we rely on will be available.

To the extent the law allows, our total liability for a claim arising out of the Service is limited, at our option, to supplying the count again or to refunding what you paid for the unlock or pack count the claim relates to. To the same extent, we are not liable for indirect or consequential loss, including lost profit on a sale, the difference between an estimated and an actual head count, stock that was missing when a count said it was not, or loss suffered by anyone you passed a count on to.

That limit is a deliberate consequence of what this product is: the price of one count cannot carry the risk of a livestock sale, a loan or an insurance claim, which is precisely why section 4 tells you not to make one on it.

11 Your responsibility to us

You agree to reimburse us for any loss, claim or cost we suffer because you broke section 5 or section 7. In practice, that means one of three things: you uploaded a photograph you had no right to upload, somebody in a photograph had not agreed to be in it, or you presented a count from this app to another person as a head count taken through the race or as an official stock count.

This is narrow on purpose. It covers things only you control and we cannot see. It does not apply to the count being wrong, to the app failing, or to anything we did. Those sit with us, and nothing in this section limits your rights under the Australian Consumer Law or makes you responsible for our own negligence.

12 Availability and changes

We make no promise about uptime. The Service depends on third-party AI providers, any of which may be slow, rate-limited or unavailable; when they are, a count may fail or be delayed. You are only asked to pay once a count has been produced, and an unlock that fails on our side stays with you to retry.

We may change, suspend or withdraw the Service, or any part of it, including the free first count. If we withdraw the Service altogether we will make a reasonable effort to say so in advance, and an unlock or pack count you have paid for and not used will be refunded through Apple or Google Play or, if that is not possible, by us.

We may update these terms. Each version carries its effective date at the top of this page, and we will send you the previous version if you ask at support@countmyherd.com. A change never applies to an unlock you bought before its effective date. If you do not accept a change, stop using the Service; continuing to use it after the effective date is acceptance.

13 General

Severability. If any part of these terms is found to be unenforceable or unfair, that part is severed and the rest continues to apply.

No waiver. If we do not enforce something straight away, we have not given up the right to enforce it later.

Assignment. You may not transfer your rights under these terms. We may transfer ours if the business is sold, and we will say so on this page if that happens.

Entire agreement. These terms and the Privacy Policy are the whole agreement between us about the Service.

14 Governing law and disputes

These terms are governed by the laws of Victoria, Australia, and you submit to the non-exclusive jurisdiction of the courts of Victoria and the federal courts of Australia.

If you have a problem, email us first (section 15) and we will try to sort it out within a reasonable time. Nothing in these terms stops you complaining to Consumer Affairs Victoria, the Australian Competition and Consumer Commission, or the consumer body where you live.

15 Contact

Origae (ABN 21 237 258 402)
Suite 329, 98-100 Elizabeth Street, Melbourne VIC 3000, Australia
support@countmyherd.com

16 Additional terms for Apple App Store users

This section applies if you use Count My Herd through the app downloaded from the Apple App Store. Where it conflicts with anything above, this section governs for that use.

Apple is not a party. These terms are between you and us only, not with Apple Inc. Apple is not responsible for the app or its content.
Licence scope. Your licence is a limited, non-transferable licence to use the app on any Apple-branded device you own or control, as permitted by the Usage Rules in the App Store Terms of Service.
Maintenance and support. We, not Apple, are solely responsible for support. Apple has no obligation to provide it.
Warranty. We are solely responsible for any warranties to the extent not effectively disclaimed. If the app fails to conform to a warranty you may notify Apple, and Apple may refund the purchase price of the app, if any, to you; to the maximum extent permitted by law Apple has no other warranty obligation.
Product claims. We, not Apple, are responsible for claims relating to the app, including product liability, failure to conform to legal requirements, and claims under consumer protection legislation.
Intellectual property claims. We, not Apple, are responsible for investigating and resolving any third party claim that the app infringes their intellectual property rights.
Legal compliance. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
Third party terms. You must comply with any third party terms that apply when you use the app, such as your mobile data agreement.
Apple as third party beneficiary. Apple and its subsidiaries are third party beneficiaries of these terms as they relate to your licence, and Apple has the right to enforce them against you.
In-app purchases. Purchases made in the app are sold by us and processed by Apple through In-App Purchase, subject to Apple's Media Services Terms and Conditions. Refunds are handled by Apple.

Terms of Service

The short version