Terms of service
Terms of Use/Service
Effective Date: May 9, 2025
NOTE: For account creation and deletion, see paragraphs below that cover those topics.
Safe Retrieve, LLC (“we,” “us,” “our,” or “Safe Retrieve”) operates a website at https://www.skyshepherd.com (the “Website” or “Site”) and licenses a mobile application (together with all documentation and updates, the “App”) that application end users (“you,” “your,” or “Users”) may download, install, and use. The App is available through the App Store, iTunes and Google Play app stores. The following terms and conditions (together with any documents referred to in them) (collectively, these “Terms”), along with our Privacy Policy, governs your use of the Site (including any subdomains of the Site) and the App, as well as any other services and associated devices provided through the SkyShepherd platform (collectively, the “System”).
By downloading, installing, or using the App or using or accessing any part of the System, you accept and agree that you are legally bound by these Terms and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, do not use, access, download, or install any part of the System.
These Terms are between you and Safe Retrieve only. Apple, Inc., Microsoft, Inc., Amazon Web Services, Inc., and Google LLC are not parties to this Agreement; however, they, and their subsidiaries, are third party beneficiaries of these Terms as pertaining to the App provided through the relevant app stores. As such, once you accept these Terms, Apple, Inc., Microsoft, Inc., Amazon Web Services, Inc., and Google LLC, as applicable, shall have the right to enforce these Terms against you. Apple, Inc., Microsoft, Inc., Amazon Web Services, Inc., and Google LLC, or any other party related to the platform or mobile device are not a party to these Terms and have no responsibility for the App or obligation to furnish any maintenance or support services with respect to the App.
IMPORTANT ARBITRATION NOTICE.
THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, OR REPRESENTATIVE ACTION. PLEASE READ THE SECTION TITLED “DISPUTE RESOLUTION” BELOW TO LEARN MORE.
Revisions to the Terms of Use
We may revise and update these Terms in our sole discretion, and will post any updates to these Terms on the SkyShepherd website at www.skyshepherd.com and the App. Your continued use of the App or System means that you accept and agree to the modified Terms.
License Grant and Intellectual Property
Subject to these Terms, the terms and conditions through the Apple® or Android® platforms, and the terms and conditions of your mobile carrier, you are granted a non-exclusive, non-transferable, revocable license to access and use the System strictly in accordance with these Terms and related platform terms and conditions. Your use of the App is limited to use on one device that you own or control. As a condition of your use of the System, you warrant that you will not use the System for any purpose that is unlawful or prohibited by these Terms. You may not use the System in any manner which could damage, disable, overburden, or impair the System, or interfere with any other party's use and enjoyment of the System. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the System.
All content included as part of the System, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the System, is our property or the property of our suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content, and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the System. Our content is not for resale. Your use of the System does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without our express written permission. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to our intellectual property or our licensors, except as expressly authorized by these Terms.
Your Account
Use of parts of the System may require that you create an account with a username and a password. You are solely responsible for the activity on your account. To create an account, you must:
· Be eighteen years of age or older;
· Provide accurate information; and
· Keep your log-in and password secure.
The System may permit you to authorize other users to use your account and access information about your registered pet (an “Authorized User”). You are solely responsible for the actions of any Authorized User and for any misuse or unauthorized use of your account.
Fees and Payment Fees
You shall pay all applicable fees for the System purchased and selected by you. Safe Retrieve reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Site. Your use of the System following such notification constitutes your acceptance of any new or increased charges. Unless otherwise expressly set forth herein, any fees paid hereunder are non-refundable.
Taxes and Fees: You are responsible for, and agree to pay, all taxes, fees, and surcharges (collectively, “Sales Taxes”) set by any governmental agency or taxing authority (other than taxes based on Safe Retrieve’s net income). Where we bill you for Sales Taxes, you shall pay such Sales Taxes to us concurrently with the amounts on which such Sales Taxes are calculated. Where we do not bill you for applicable Sales Taxes, you agree to self-assess and pay such Sales Taxes directly to the applicable governmental agency or taxing authority and will provide evidence of such payment to us upon written request for same.
Payments: All payments must be made in U.S. Dollars. Applicable Sales Taxes may be added to the price of purchases of the System. We may change prices at any time. You may be required to pay in advance by credit card or debit card. We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
Deleting your account
The SkyShepherd mobile application listed in the App Store and Google Play Store as published by Safe Retrieve, LLC allows you to create an account from within the app.
You may delete your account by contacting us at support@skyshepherd.com.
After you request to delete your account, your account (including associated pet information) will be generally deleted within 5 business days. Log Data and other data such as boundaries and common device locations may be kept for up to 90 days.
Your Responsibilities as a Pet Owner
You are solely responsible for ensuring the safety and containment of your pet, and Safe Retrieve does not guarantee containment of your pet or that your pet will be found if lost. Safe Retrieve is not responsible for searching for or recovering your pet.
Alerts from Safe Retrieve about your pet do not in any way obligate Safe Retrieve to take any responsive action. Safe Retrieve is not responsible in the event your pet gets out of the boundary or becomes lost or injured or for any emotional distress that may be caused.
Access to the System
We reserve the right to delete or amend the System and any service or material we provide on the System, in our sole discretion, without notice or liability. We will not be liable if for any reason all or any part of the System is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the System or the entire System.
Term and Termination
These Terms remain in force so long as User continues to access or use the System or until terminated by any party. Safe Retrieve may terminate these Terms for any reason at any time and Users may terminate by uninstalling the App and discontinuing all of Safe Retrieve’s services. Safe Retrieve reserves the right, in its sole discretion, to suspend or terminate Users’ accounts and access to or use of the System at any time if Safe Retrieve believes Users have acted in violation of these Terms, Safe Retrieve’s Privacy Policy, or applicable law, or have attempted to interfere with the System, or have acted with intent to annoy, abuse, threaten, or harass any other person. Upon termination, Users’ access to the System will cease.
Links to Other Websites and Connecting through Social Media
The System may contain hyperlinks to websites operated by third parties. We do not control such websites and will not be responsible for their content, or for any breach of contract, or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay, or injury to you or your companions. Inclusion of any linked website on the System does not imply or constitute approval or endorsement of the linked website by us. If you decide to leave the System to access these third-party sites, you do so at your own risk. All rules, policies (including privacy policies), and operating procedures of websites operated by third parties will apply to you while on such sites. We are not responsible for information provided by you to third parties.
Indemnification
You agree to indemnify, defend, and hold harmless Safe Retrieve, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your or your Authorized Users’ use of or inability to use the System, any claim that your or your Authorized Users’ content violates the intellectual property rights of a third party, your or your Authorized Users’ violation of these Terms, or your or your Authorized Users’ violation of any rights of a third party or your violation of any applicable laws, rules, or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you or your Authorized User, in which event you will fully cooperate with us in asserting any available defenses. You acknowledge that, in the event of any third party claim that the System or your possession and use of the System infringes that third party’s intellectual property rights, Safe Retrieve, and not Apple, Inc., Microsoft, Inc., Amazon Web Services, Inc., or Google LLC, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Electronic Communications
Using the App, using the System, or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the System, satisfy any legal requirement that such communications be in writing. To opt out of receiving marketing emails from us, follow the “unsubscribe” link on the email to change your user preferences. There are certain system-generated and legal notices that you cannot opt out of without deactivating your account.
Devices and Merchandise
Merchandise availability on our Site is not guaranteed as it may be low in stock. If merchandise is not available by the time your order processes, we will notify you of this via email.
Please note that while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor or mobile device and may not be accurate. Additionally, from time to time there may be information on our System that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and/or availability. As a result, we do not guarantee the accuracy or completeness of any information on the System, including prices, product images, specifications, and/or availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If you do not wish to continue your purchase after pricing or other information has been corrected, please contact us right away.
Warranty Disclaimer
SAFE RETRIEVE AND/OR ITS AFFILIATES OR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SYSTEM FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SAFE RETRIEVE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SYSTEM AND RELATED INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
You are responsible for setting your own boundary for your devices. Safe Retrieve is not responsible for the safety of your boundaries or your pets or any errors you may make in setting your own boundaries.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SAFE RETRIEVE AND/OR ITS AFFILIATES OR SUPPLIERS: (i) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SYSTEM, DAMAGES FOR INJURY TO YOU, AN AUTHORIZED USER, OR YOUR PET, WITH THE DELAY OR INABILITY TO USE THE SYSTEM, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SYSTEM, OR OTHERWISE ARISING OUT OF THE USE OF THE SYSTEM OR THE APPLICATION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SAFE RETRIEVE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES OR (ii) BE LIABLE FOR DIRECT OR AGGREGATE DAMAGES EXCEEDING THE FEES PAID BY YOU TO SAFE RETRIEVE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE ACT OR OMISSION FIRST GIVING RISE TO THE LIABILITY. ADDITIONALLY, IN NO EVENT WILL APPLE, INC., MICROSOFT, INC., AMAZON WEB SERVICES, INC., OR GOOGLE LLC BE LIABLE FOR ANY DAMAGES OF ANY KIND. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SYSTEM, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO UNINSTALL THE APP AND DISCONTINUE USING THE SYSTEM.
Geographic Restrictions
The System is controlled, operated, and administered by Safe Retrieve in the United States. We provide this System for use only by persons located in the United States. We make no claims that the System or any of its content is accessible or appropriate outside of the United States. Access to the System may not be legal by certain persons or in certain countries. If you access the System from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Dispute Resolution
These Terms shall be treated as though they were executed and performed in Minnesota, and shall be governed by the laws of the State of Minnesota and the laws of the United States without regard to conflict of law principles.
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in the State of Minnesota. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If you intend to seek arbitration you must first send a written notice (“Notice”), by first class or certified mail to Safe Retrieve, LLC, 2095 Daniels Street #474, Long Lake, MN 553536. If Safe Retrieve intends to seek arbitration, Safe Retrieve will send a Notice to the current billing address on your Account. The Notice must describe the nature and basis of the claim and the specific relief sought. If the parties cannot reach an agreement within 30 days from the receipt of the Notice, either party may initiate arbitration proceedings.
A form to initiate arbitration proceedings is available on the AAA site at www.adr.org. In addition to filing this form with the AAA, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send such copy to Safe Retrieve at Safe Retrieve, LLC, 2095 Daniels Street #474, Long Lake, MN 55356, and Safe Retrieve will send such copy to the current billing address on your Account or to your attorney, if you have retained one.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Minnesota, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the parties agree to submit to the personal jurisdiction of that court.
Feedback
By directly sending us any question, comment, suggestion, idea, feedback, or other information about the System ("Feedback"), you agree to assign to us all intellectual property rights in such Feedback. You agree that we shall own this Feedback and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
Miscellaneous Terms
These Terms, together with our Privacy Policy are the entire agreement between you and us related to your use of the System and the App.
No waiver of these terms by us shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure by us to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.
We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the System. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms
Contact Information
To contact us, email us at support@skyshepherd.com.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254. You may also contact us by writing to Safe Retrieve, LLC, 2095 Daniels Street #474, Long Lake, MN 55356, or by calling us at 612-808-9925 or 1-844-SKY-SHEP (1-844-759-7437).
PATENTS
The following patents are currently held by GPSip, Inc. Many of them are licensed to Safe Retrieve, LLC for the purposes of the SkyShepherd GPS Dog Fence Collar application, though the individual patents may cover broader applications or fields of application.
US Patents #7,677,204, #9,795,118, #9,961,884, #10,064,390, #10,080,346, #10,165,755, #10,165,756, #10,172,325, #10,251,371, #10,292,365, #10,342,218, #10,405,520, #10,455,810, #10,470,437, #10,624,319, #10,820,575, #10,893,662, #11,019,807, #11,246,291,
#11,516,994, #11,713,968, #12,004,485, #12,007,490, #12,104,909, #12,171,192.
Canadian Patent #2,942,913
European Patent #EP3769044
Other US and International Patents Pending.
See our updated patent list at www.skyshepherd.com/patents.
TRADEMARKS
Shepherding™ is a pending trademark of Safe Retrieve, LLC. SKYSHEPHERD® and SKY SHEPHERD® are registered trademarks of Safe Retrieve, LLC.
"Dog in Cloud" logo is a registered trademark of Safe Retrieve, LLC.