Rescue Writer Terms and Conditions

Thank you for using Rescue Writer AI to create bios for shelter animals to help them find forever home!

By using the Rescue Writer AI application programming interface, software, tools, data, and documentation (the “Service,”) you agree to these Terms and Conditions (“Terms”). As used in these Terms, “you” means the individual or entity using the Service (and/or any individual, entity or successor entity, agency or network acting on your behalf), “we” or “us” means Deutsch LA, Inc., (“DLA”), PetSmart Charities, Inc. and PetSmart Charities of Canada (each and together, “PetSmart Charities”) and their respective agents, assigns and contractors. The “parties” means you and us. The Terms include our Privacy Policy, and other documentation, guidelines, or policies we may provide in writing.

USE OF THE SERVICE BY ANYONE UNDER 18 IS STRICTLY PROHIBITED. YOU AGREE AND ACCEPT THAT ANY USE OF THE SERVICE AND THE OUTPUT CREATED BY THE SERVICE IS AT YOUR OWN RISK.

1. YOU

You represent and warrant that (i) you are at least 18 years of age and have full power and authority to enter into these Terms; (ii) your use of the Service will not violate any applicable law or the rights of any third party; (iii) entering into or performing under these Terms will not violate any agreement you have with a third party or any third-party rights; and (iv) you will not use the Services in a manner that violates applicable law or the rights of any third party. You further agree not to: (i) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Service; (ii) use the Service to develop foundation models or other large scale models that compete with the Service; (iii) use any method to extract data from the Service, including web scraping, web harvesting, or web data extraction methods, other than as expressly permitted through the Service; (iv) represent that Output, as defined below, from the Service was human-generated when it is not; or (v) buy, sell, or transfer the Service or Output.

2. YOUR CONTENT AND OUTPUT

You represent and warrant that you have all the rights to the input, information, content, data and /or materials provided by you (“Content”) and that none of the Content used with and/or inputted into the Service: (i) infringes, misappropriates or violates any intellectual property rights or proprietary rights of any third parties or uses any elements not personally created by you; (ii) contains any viruses or programming routines intended to damage, surreptitiously intercept or expropriate the Services or any system, data or personal information; or (iii) is false, misleading or inaccurate. In addition, you agree not to upload any confidential information or personally identifiable information into the Service.

You are also responsible for any output that is generated by the Service, including without limitation the shelter animal bio created from your Content (“Output”) at any stage, including generating, editing, saving, publicly posting, privately sharing or otherwise making the Output available. You agree not to use the Service in a way which may lead to inaccurate, unlawful, or harmful Output.

You agree and accept that any use of the Output is at your own risk. We do not make any representations or warranties that the Output is accurate, reliable, or correct, or fit for any particular purpose. We do not provide any warranty that you will be able to claim copyright ownership of any Output or that the Output will not infringe on any third-party intellectual property rights.

You acknowledge that because of the developing nature of AI technologies, the Output generated by the Service might be offensive, harmful, inaccurate, or otherwise inappropriate. You understand and agree that by using the Service, you may be exposed to such Output, and that you will not save, share (including on social media), use, distribute, display, or otherwise make available any Content or Output that is offensive, harmful, inaccurate, or otherwise inappropriate.

3. CONTENT LICENSE

By using the Service, you grant DLA and PetSmart Charities the right to use, modify, adapt, reproduce, distribute, display your Content and Output to the extent necessary to provide, maintain and improve the Service, comply with applicable laws, and enforce our policies.

4. USING OUR SERVICE

5. THIRD PARTY SERVICES

6. TERMINATION

7. CHANGES TO OUR SERVICE; CHANGES TO THESE TERMS

We are constantly changing and improving our Service. We may add or remove functionalities or features of the Service at any time, and we may suspend or stop the Service altogether.

These Terms are our entire agreement relating to your use of the Service and supersedes any prior or contemporaneous agreements on that subject. We may modify these Terms at any time. We will post any modifications to the Terms on this page. Changes are effective immediately. If you do not agree to any modified provisions in these Terms, stop using the Service immediately.

8. CONFIDENTIALITY

You may be given access to the Confidential Information of DLA, PetSmart Charities, our respective affiliates, and other third parties in connection with your use of the Service. You may use Confidential Information only as needed to use the Service as permitted under these Terms. You may not disclose Confidential Information to any third party, and you will protect Confidential Information in the same manner that you protect your own confidential information of a similar nature, using at least reasonable care. Confidential Information means nonpublic information that DLA, PetSmart Charities, or our respective affiliates or third parties designate as confidential or should reasonably be considered confidential under the circumstances, including software, specifications, and other nonpublic business information. Confidential Information does not include information that: (i) is or becomes generally available to the public through no fault of yours; (ii) you already possess without any confidentiality obligations when you received it under these Terms; (iii) is rightfully disclosed to you by a third party without any confidentiality obligations; or (iv) you independently developed without using Confidential Information. You may disclose Confidential Information when required by law or the valid order of a court or other governmental authority if you give reasonable prior written notice to us and use reasonable efforts to limit the scope of disclosure, including assisting us with challenging the disclosure requirement, in each case where possible.

9. PRIVACY

To the extent we use, store, collect or otherwise process your personal data, our privacy policies at https://deutschla.com/privacy and https://petsmartcharities.org/privacy-policy explain how we treat your personal data and protect your privacy when you use our Service. By using our Service, you agree that we can use such data in accordance with our respective privacy policies.

10. SECURITY

You must implement reasonable and appropriate measures designed to help secure your access to and use of the Service. If you discover any vulnerabilities or breaches related to your use of the Service, you must promptly contact us and provide details of the vulnerability or breach.

11. INDEMNITY

You agree to indemnify, defend, and hold harmless, DLA, PetSmart Charities, and each of their respective parents, affiliates, officers, employees, and agents from and against any and all third-party claims and liabilities arising out of or related to (i) your Content; (ii) your use of the Service or the Output of the Service, including the shelter animal bio created from your Content; and (iii) your breach of these Terms or violation of applicable law.

12. WARRANTIES; DISCLAIMERS

WE DO NOT MAKE ANY PROMISES, WARRANTEES OR REPRESENTATIONS ABOUT THE SERVICE OR THE OUTPUT. FOR EXAMPLE, WE DO NOT MAKE ANY COMMITMENTS ABOUT THE SPECIFIC FUNCTIONALITY OF THE SERVICE, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS OR THE ACCURACY OF THE OUTPUT OF THE SERVICE. WE PROVIDE THE SERVICE “AS IS” AND “AS AVAILABLE.” YOU USE THE SERVICE AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED. WE EXPRESSLY DISCLAIM THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND FOR THE SAKE OF CLARITY, WE DO NOT WARRANT THAT THE SERVICE OR THE OUTPUT WILL BE UNINTERRUPTED, PRECISE OR ERROR FREE, OR THAT YOUR CONTENT OR OUTPUT WILL BE SECURE OR NOT LOST OR ALTERED. YOU AGREE THAT YOUR USE OF THE SERVICE AND THE OUTPUT IS AT YOUR OWN RISK.

13. LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, EXCEPT FOR ANY INDEMNIFICATION OBLIGATIONS HEREUNDER OR YOUR BREACH OF ANY INTELLECTUAL PROPERTY RIGHTS, CONFIDENTIALITY OBLIGATIONS AND/OR PROPRIETARY INTERESTS RELATING TO THESE TERMS, (i) IN NO EVENT SHALL ANY PARTY BE LIABLE UNDER THESE TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND (ii) EACH PARTY’S AGGREGATE LIABILITY UNDER THESE TERMS IS LIMITED TO US$10.00. Each party acknowledges that the other party has entered into these Terms relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties.

14. MISCELLANEOUS

Assignment. You may not assign or transfer any of your rights under these Terms.

Independent Contractors. The parties are independent contractors and these Terms do not create an agency, partnership, or joint venture.

No Third-Party Beneficiaries. Other than as expressly stated herein, these Terms do not create any third-party beneficiary rights.

No Waiver. The failure of either party to enforce any provision of these Terms will not constitute a waiver.

No Class Actions. Disputes must be brought on an individual basis only and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. If for any reason a dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding, or counterclaim. This does not prevent either party from participating in a class-wide settlement of claims consistent with the Terms hereof.

Severability. If it turns out that a particular provision of these Terms is not enforceable, the balance of these Terms will remain in full force and effect.

Governing Law; Venue. All claims arising out of or relating to these Terms or the Service will be governed by Delaware law, excluding Delaware’s conflict of laws rules, and will be settled by arbitration or litigated exclusively in the federal or state courts of Delaware, and the parties consent to personal jurisdiction in those courts.

Force Majeure. Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance) that was beyond the party’s reasonable control.