ANIMAL ID

TERMS OF USE

Welcome to Animal ID!

 

Please, read these Terms of Use carefully before using our Services.

These Terms of Use are effective as of 30 December 2019.

By using the https://animal-id.net/ website (the “Website”) and Animal ID service (the “Service”) you are agreeing to be bound by these Terms of Use.

These Terms of Use (hereinafter - the “ToU”) describe the terms and conditions applicable to your access and use of the Service made available through or in connection with the Website.

In this ToU “Animal ID”, “we”, “us” and “our” means Animal ID.

Your use of the Website and the Service signifies that you agree to these ToU and constitutes your binding acceptance of these ToU, including any modifications that Animal ID makes from time to time.

Definitions:

User – registered user of the Website, who have created its Profile on the Platform, looking for the Services, often an owner of a pet.

Owner – owner of a pet of a registered user on the Platform.

Service – Platform allows Users to team up with other people to resolve issues related to animals and pets, as online identification via QR code pet tag, integration with veterinary clinics, system for monitoring  important events and procedures, storage of all pets documents online.

Platform – is the Website, on which Users receive the Service and may purchase the QR pet tag for animals.  

QR pet tag for pets – is a tag users may purchase on the Platform for their pets, including the QR code of the user’s profile on the Website, pet’s name on the tag and Owner’s telephone number. Some tags are of a customizable design. Separately accompanying collars may be purchased.

User’s Profile – meaning when a user provides his personal data and information to the Website for obtaining Services provided by the Platform.

Pet’s profile - meaning when a user provides information about his/her pet to the Website.

  1. Principal Points

  1. The Website is an online Platform for facilitating life of the pet Owners and provision of the Services.
  2. User may register its pet in international database, create online profile for an owner and a pet, access the responsible owners' community and quickly find his/her  pet if they got lost.
  3. The Platform provides several types of profiles: owner (who may register his/her pet(s)), veterinary, kennels, zooclub, shelters, municipality (local authorities).
  4. To use the Service Users have to create their Profile on the Platform.
  5. To purchase a QR pet tag User may not be registered with his Profile on the Platform.
  6. The Platform also provides volunteering services and projects, as adoption of pets, online database  of lost and found animals, registry of wild animals in capture, monitoring the population of stray animals in the cities.
  7. The Platform also allows Users or any person browsing the Website to donate to Animal ID for maintaining its volunteering services and projects.
  8. You are aware that Animal ID is not responsible for any third party memory leak in databases and/or DSN servers.    
  9. You will not use the Website, Service and Platform in violation of any laws you are subject to. Notwithstanding the foregoing, Animal ID is not responsible for your access or use of the Platform.
  10. We reserve the right to change these ToU at any time.

  1. Registration and Profile
  1. To use the Service and/or purchase a QR passport for pets
  2. To activate a QR pet tag a User have to create his/her’s pet profile and thus User’s Profile too.
  3. You should enter your credentials and other required information to be able to use the Platform and the Service.
  4. If your pet has a QR Passport you should link it with the Profile and attach pet’s name, photo, date of birth, breed and other required info so the pet be distinctive from others.
  5. In case a pet has a microchip User may also include this information to the Profile.
  6. It is crucial that a User let his phone number linked to its Profile for emergency cases (as loss of a pet, so the finder could contact the pet’s Owner).
  7. The Services on the Platform are free of charge, except for the Paid Subscription, which include paid services.
  8. The price for purchasing a QR pet tag is indicated on the Website depending on different design and functionality.
  9. Anyone can browse on the Website without registration.

 

  1.     Paid Subscription

1) When Profile was registered User may purchase additional services (Premium Subscription) for his/her pet, as:

- access to all sections in the Profile of a pet (including editing of pet’s information);

- sms notification when QR pet tag is scanned;

- detailed information on a device, which was used for scanning a QR pet tag;

- possibility to keep a profile of a pet together with other Users (i.e. veterinary);

- priority in solving issues with the help of customer support;

- immediate exchange of pet’s data with Europetnet;

- single-use opportunity to obtain a QR pet tag;

- possibility to create a template about lost pet;

- search in shelters and social media as a support from Animal ID side;

- adding unlimited quantity of documents to pet’s profile;

-  partner’s discounts for purchasing goods/services for pets.

2) The Premium Subscription may be monthly or annual, and for 1 or 3 pets. From also depende the price of paid Subscription.

  1. QR pet tag
  1. User may purchase a QR pet tag for its pet on the Website.
  2. User may add to the QR pet tag a pet’s name and Owner’s telephone number.
  3. User may purchase QR pet tag with a customizable design.
  4. After the purchase User has to link a pet tag with User’s Profile (in case a User is an Owner of the pet); QR code won’t be active unless linked to User’s Profile with filled in information regarding his/her pet.
  5. User should add to the Profile all critical information about the pet and Owner’s contact details, so in case the finder can view them through the pet’s QR code and contact an Owner.
  6. Once the QR code is scanned  with a smartphone, User will receive an email  with a GPS location of the scanning place.  The finder can enter the pet tag number on the Website and view the Owner’s profile for more information. Animal ID is not responsible in case the founder has turned off his GPS or if the internet connection is poor.
  7. To read a tag’s QR code GPS and Internet access must be previously  enabled on the device. QR code may be read through the standard camera program or any QR reader mobile application.

  1. Privacy protection
  1. By using the Website and the Service you agree to the collection, transfer, storage and use of your personal data by Animal ID as described in our Privacy Policy.
  2. Animal ID only receives the information provided by you necessary for providing the Service.
  3. By providing your payment information while paying for the Service, User is aware that Animal ID does not collect this information, it is the online port for Visa and MasterCard, that receives payment details.

  1.  Refunds and Returns. 
  1. User is only eligible for refund and return of a QR pet tag under the specified reasons described in our Refund Policy. 
  2. Please review our Refund Policy.
  3. User’s eligibility for a refund may depend on the reason of refund, term of Service use, duration since the transaction, etc.

  1. Links
  1. The Website may contain links to websites operated by other parties.
  2. Animal ID provides these links to other websites as a convenience, and use of these Websites is at your own risk.
  3. The linked Websites are not under the control of Animal ID, and Animal ID is not responsible for the content available on the other Websites.

  1. Intellectual Property
  1. Trademarks. Logo Animal ID is a trademark/service mark of ANIMAL ID.
  2. Unauthorized use of any Animal ID trademark, service mark or logo is a violation of US trademark laws and prevalent intellectual property laws and protected by international copyright laws.  
  3. All intellectual property in the design and layout of this web Website and the material and information published on its pages belongs to and is vested in Animal ID or its licensors. You may not copy any part of this Website or otherwise do anything in relation to any part of the Website other than the following:

(a) You may print or download to a local hard disk pages from this Website for your personal and non commercial use only,

(b) In material issued to third parties you may only quote from this Website provided that such quote is not used in a misleading context and that you give due credit to both the author and to Animal ID.

  1. You may not otherwise use or reproduce any of this web Website or the material contained within it in any manner other than those listed above without first obtaining the prior written permission of Animal ID.
  2. Any images that appear on this Website with an acknowledgement to the licensed material include restrictions on downloading such material for other than personal use, and prohibit republication, retransmission, reproduction or other use of the licensed material.

  1. Location. The Website and the Service are hosted and operated by ANIMAL ID in the US.

  1. Disclaimer of warranties. To the maximum extent permitted by law

  1. The Website and the service are provided on an “as is” and “as available” basis for your use, without warranties of any kind, either express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. Animal ID makes no warranty as to the accuracy, completeness or reliability of any content available through, or the performance of, the Website or the service. You are responsible for verifying any information before relying on it. Use of the Website and/or the service is at your sole risk. Animal ID does not warrant that you will be able to access or use the Website and/or service at the times or locations of your choosing; that the Website or the service will be uninterrupted or error-free; that defects will be corrected; or that the Website or the service are free of viruses or other harmful components.
  2. Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.

  1. Limitation of liability; sole and exclusive remedy
  1. To the maximum extent permitted by law, Animal ID, its affiliates, licensors and business partners (collectively, the “related parties”) disclaim all liability, whether based in contract, tort (including negligence), strict liability or otherwise, and further disclaims all losses, including without limitation direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the Website, the Platform and/or service, even if Animal ID and/ or related parties have been advised of the possibility of such damages.
  2. Without limiting the foregoing, in no case shall the liability of Animal ID or any of the related parties exceed the greater of $50 or the amount that you paid to us or our designees during the six (6) months prior to the time the cause of action giving rise to liability arose.
  3. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Animal ID and its affiliates shall be limited to the fullest extent permitted by law.

  1. Indemnification
  1. You agree to indemnify, defend and hold Animal ID and the related parties harmless from any and all claims, demands, damages or other losses, including reasonable attorneys’ fees, resulting from or arising out of your use of the Website, the Platform and/or the Service or any breach by you of these ToU or any other policies that Animal ID may issue for the Website, the Platform and/or Service from time to time.

  1.  Assignment
  1. Animal ID may assign these ToU, in whole or in part, to any person or entity at any time with or without your consent.
  2. You may not assign the ToU without Animal ID’s prior written consent, and any unauthorized assignment by you shall be null and void.

  1.  Severability
  1. If any part of these ToU is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the ToU shall be given full force and effect.

  1.  Attorneys' Fees
  1. In the event any litigation or arbitration is brought by either party in connection with these ToU, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.

  1. No Waiver.
  1. Failure or delay by Animal ID to enforce compliance with the ToU does not constitute a waiver of these ToU.
  2. The express waiver by Animal ID of any provision, condition or requirement of these ToU shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

  1. Notices.
  1. All notices given by you or required under this ToU shall be in writing and addressed to: support@animal-id.net

  1.  Entire Agreement.
  1. These ToU, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Website and/or Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Website, the Platform and/or Service.

  1. Termination of Service
  1. The Service may be terminated upon the expiration and/or cancelation by the User or Animal ID.
  2. Animal ID reserves the right to deny service to any User at Animal ID’s sole and absolute discretion.
  3. The Service is offered with the understanding that Animal ID may terminate it and/or your access to the Service at any time, for any reason or no reason, including without limitation for any violation of these ToU.
  4. Animal ID may stop offering and/or supporting the Service at any time.
  5. Animal ID reserves the right to deny service to, or if applicable, terminate the service of any user or associated with, a user that attempts to use the Platform in violation of any local and international laws.  
  6. In such cases Animal ID reserves the right to block all accounts associated with such potential violating user.

  1. Applicable Law
  1. These Terms of Use are governed by the laws of the State of Delaware the State of Delaware and the United States of America and will be interpreted accordingly.
  2. Those who access the Website from locations outside of the US are responsible for compliance with local laws if and to the extent that local laws are applicable;
  3. With respect to users out of the US jurisdiction they shall consult their local attorney before using the Platform. Animal ID is not responsible for any illegal use of the Platform by a user out of the US. Users out of the US jurisdiction may use the Platform at their own responsibility.

  1.  Legal Effect
  1. These ToU describes certain legal rights. You may have other rights under the laws of your state or country. These ToU do not change your rights under the laws of your state or country.
  2. In case the laws of your state or country do not permit you to use the Platform or use not all features hereof you acknowledge and agree that it is upon your responsibility.

  1.  Emergency Fund Rules And Regulations

Animal ID offers Emergency Fund product as an additional and optional subscription under Consulting Services terms found in Reliance on Information section. Emergency Fund service is available 24/7 and provides pet owners access to registered vets through their smartphones via texting with images and video upload. Animal ID also provides up to $3,000 of emergency medical funds (“Funds”) in case your pet needs help immediately. You can utilize the vets through the Service regardless of an emergency, they are there to help offer advice, triage emergencies or to answer basic pet related questions.

  1. There is a mandatory waiting period after the time of sign up before the funds can be accessed. The waiting period’s duration is explicitly stated in the Emergency Fund’s subscription checkout (currently 14 days). If a veterinary doctor determines you are having a life-threatening emergency and need immediate care for your pet before the expiration of the waiting period, the Funds will not yet be at your disposal. You will also be subject to the waiting period again if you cancel and later renew your subscription.
  2. The Funds are available to the maximum of 6 domestic pets, registered by you. You may be required to provide proof of ownership of your pet.
  3. The Funds are available only if full or monthly continuous payments of the Emergency Fund are made for the duration of the subscription period. The Funds are not paid out if the monthly payments are disrupted.
  4. If a life-threatening emergency occurs before the end of your yearly subscription, then funds covering the rest of the subscription fee will be deducted from the total emergency invoice at the time of payment to vet clinic.
  5. All life-threatening emergencies must be assessed and referred by one of our qualified vets through the Service only. It is your responsibility to contact one of our vets prior to visiting an emergency/vet clinic to get an assessment and referral for their pet. A mandatory uploading a video of your pet for proper assessment is required before our vets can recommend the fund activation. Texting is not sufficient to reach a decision if it is a life-threatening emergency.
  6. After assessment, pet owners have 4 hours to seek medical emergency care as recommended by the vet that confirmed the life-threatening emergency. Funds will not be released and available to clinics after the 4 hours have expired from the time of the life-threatening emergency confirmation. Waiting for medical care can result in an unnecessary emergency for your pet, and Animal ID does not support medical negligence.
  7. Emergency Fund covers only veterinary services provided by any veterinary clinic located within the United States.
  8. Animal ID only pays for the initial emergency care. All other follow-up care is at the expense of the pet owner. You can not access any funds if the pet has been admitted prior to contacting our vets through the Service.
  9. It is the discretion of our vets to recommend the activation of the Funds. It is your responsibility to ensure that all guidelines are followed in order to be approved by the Emergency Fund administration for payout at the time of the emergency.
  10. Our senior Vet and Emergency Fund administration reserve the right to review all cases that are activated and can deny the funds if the guidelines and protocols are not met.
  11. The Funds are paid directly to the clinic once the final invoice from the clinic is received and verified.
  12. The Funds up to a value of $3,000 can be approved for a life-threatening emergency.
  13. The Funds are restricted to a one-time pay-out regardless of the amount but up to $3,000.
  14. The Funds are only paid to a registered vet clinic of your choice after confirming the emergency as described above.
  15. The Funds are not transferable to other parties and their pets.
  16. The Funds are not transferable to you.
  17. Animal ID requires emailing a copy of the vet invoice in case of the Funds activation.
  18. Animal ID pays for any immediate life-threatening emergency vet service required.
  19. Animal ID does not pay Emergency Fund when the pet emergency is due to owner negligence.
  20. Emergency Fund does not cover emergencies associated with breeding or pregnancy issues or any Parvo as this is preventable.
  21. Emergency Fund does not cover additional costs associated with euthanasia, such as cremation or memorabilia.

For more information, please contact Animal ID Customer Support via email support@animal-id.net.