Terms of Use
PetAgent.ai is a service provided by Rematch Ventures, Inc.
1. Validity, Changes to the Terms of Use
1.1 The offer for which you register is an offer of Rematch Ventures, Inc., 12 Sidney Lanier Lane , Greenwich, CT 06831 ("Rematch"). Rematch provides the offer / services to you on the basis of these Terms of Use (TOU). By registering and/or using the services, you agree to be bound by these Terms of Use. Any conflicting conditions, extensions or restrictions on your part are hereby expressly rejected. Rematch is entitled to commission third parties with the provision of parts or the entire offer. In this case, these Terms of Use shall also apply.
1.2 Rematch is entitled to change the TOU for any reason. In this case, Rematch will notify you of any changes to the TOU. The amendments shall be deemed accepted by you if you:
a) do not object to the changes in writing or in text form, e.g. by e-mail to team@rematch.earth, within a period of six weeks from the announcement, or
b) as soon as you continue to use the service after notification - even in case of a prior objection. Rematch undertakes to expressly inform you upon notification of amended TOU that the circumstances mentioned above under a) and b) will result in your acceptance of the amended TOU. Rematch may inform you about changes to these TOU or other matters by e-mail or also by Rematch publishing corresponding notices or links on its internet pages.
1.3 The Terms of Use for companies using the application for product tests and for promotional communication are regulated separately.
2. Eligibility, Requirements, Legal Declarations
2.1 Only natural persons of full legal capacity or young persons over 18 years of age are eligible to participate, provided that the required consent of their legal representatives has been obtained. Rematch is expressly not aimed at children and young people under this age limit. With your registration, you declare that you meet the above participation requirements.
2.2 With regard to the required as well as voluntary data to be entered in the course of registration, you are obligated to provide truthful, accurate, current and complete information as specified in the registration form and to keep your data in the member account current and correct at all times. Each user may create only one account. After successful registration you will receive a password and a name for your account. Your member account is not transferable or inheritable. Each user is only permitted to access or use the services with their own account, not that of a third party.
2.3 There is no right to registration. Rematch is entitled to refuse the admission to use the services for any reason.
2.4 By registering, you agree to use the services of Rematch exclusively for your own private or business purposes. A commercial use in the sense of a resale of functionalities, services or evaluations or any other marketing of knowledge gained through Rematch is strictly prohibited.
2.5 Legal declarations (e.g. confirmation e-mail, changes to the TOU or privacy policy) can be sent to you by e-mail. In particular, these shall be deemed to have been received if they are retrievable in your mailbox under normal circumstances.
2.6 Rematch expressly reserves the right to change, supplement, delete or temporarily or permanently discontinue the offered services in whole or in part. Insofar as subscribed fee-based services are substantially affected by this, an appropriate pro rata refund of amounts paid will be made.
3. Cancellation, Deletion, Termination & Blocking of the User Account
3.1 You may delete your account at any time for any reason whatsoever. Rematch is entitled to the same right. Rematch will then delete your account including any registration data provided. According to the purpose of Rematch, the contributions created by users will remain on Rematch, but your member name, if applicable also in other services or in relation to other content, will either be replaced by an appropriate placeholder or marked as deleted. You may also contact Rematch for deletion of such contributions at any time if you have a legitimate interest.
3.2 Rematch may, in its sole discretion and for any reason, including without notice to you, suspend, block, terminate and delete your password, your Member Account, your posted Content and any other use of the Services by you. This applies in particular if you have not used the Rematch Services for a longer period of time or if Rematch must assume that you violate these TOU or do not comply with essential basic ideas of the TOU.
3.3 Contracts for additional services. In some cases, users may participate in product testing under additional contractual obligations. Such obligations remain unaffected by the aforementioned possibility of termination by the User. In this respect, only the account termination options regulated therein shall apply.
4. Cancellation Policy
If you are a consumer in the sense of the legal regulations, you are entitled to the following right to cancel the Rematch Service as well as additional services or modules which you have signed up for, or activated when using Rematch.
4.1 Right of cancellation of a contract. You may cancel any contractual relationship in writing (e.g. letter, e-mail) within two weeks for any reason. The period begins after we receive the request in text form, but not before ending the contract and also not before the fulfillment of our duty to notify any parties. The timely cancellation is sufficient to comply with the cancellation period. Send a cancellation by email to: team@rematch.earth.
4.2 Consequences in the event of cancellation. The services received by both parties shall be discontinued and any benefits received (e.g. test products) shall be returned. You must inform us, if you are unable to return a product received in whole or in part or only in a deteriorated condition.
4.3 Expiration of the cancellation right. A right of cancellation expires prematurely if a contract has been completely fulfilled by both parties at your express request, before you exercise your right of cancellation.
5. General Obligations of the User
5.1 The Rematch application is based on the idea of participation in opinion-forming processes. This presupposes that the opinions expressed by you, e.g. in the context of contributions or content, such as product test applications, test reports, surveys, recommendation or the like, are your actual opinion or that the reasons given are actually correct. You acknowledge this as a basic principle, as you would expect it from other users at Rematch.
5.2 You must ensure that your account is only used by yourself. For this purpose you must keep your password secret. You are responsible for ensuring that third parties do not obtain knowledge of your password. You must immediately notify Rematch of any misuse of your password or member account or any other breach of security in connection therewith. You shall be liable for any misuse of your Member Account caused by your negligence.
5.3 Participation in Rematch requires a certain infrastructure (e.g. computer, internet connection, mobile phone connection), the procurement and costs of which are your responsibility.
5.4 You agree to refrain from actions that impair or may impair the integrity or functionality of the services provided by Rematch or the servers and networks connected to them (e.g. by software or scripts). This applies in particular to the use of robots, spiders, scrapers or similar technologies for the automated retrieval of content or data. It is also prohibited to modify areas of the website or application not made available to you by Rematch for this purpose, including areas of other users, or to distribute information, data and evaluations contained therein. You undertake not to access the offers/services in any other way than via the user interface provided by Rematch.
5.5 You agree not to use, reproduce, duplicate, copy, sell, exchange or resell the offers/services for any purpose, in particular for commercial purposes.
6. Responsibility, Prohibited Content and Conduct
6.1 You are solely responsible for all data, text, information, messages, software, music, photographs, graphics, videos, links or other materials ("Content"), whether self-created or taken from third parties, that you post, publish, distribute or otherwise transmit using or through Rematch. You warrant to Rematch that you own all necessary rights with respect to the Content for which you use Rematch to store, publish and/or transmit it and that it does not infringe any third party rights of any kind, any statutory provisions or the rules of these TOU, in particular the rules set forth in Section 6.3. If you yourself are not the owner of the rights to any content entered by you, you warrant that you have effectively obtained all necessary rights, permissions, consents and the like. In the event that you breach these warranties or any of them, you release us from any liability to third parties pursuant to Section 12 and indemnify us to the fullest extent.
6.2 Rematch generally does not acquire any rights or ownership in any Content originating from you or any other User, including any contributions or Content created. However, the user expressly permits Rematch to use all content posted by him/her on Rematch within the scope of the services and functionalities offered, even beyond his/her membership. Rematch does not control these contents in principle and therefore does not assume any warranty for the Content, including its correctness, legality and quality. However, Rematch is entitled to block, delete or, if necessary, publish at another place within the offer any Content made accessible via the offer at any time in its sole discretion, in particular upon obtaining knowledge that Content or its use on Rematch violates applicable law or the TOU.
6.3 You warrant that your use of Rematch and the offered services as well as the contents used by you do not violate any legal prohibitions, morality or the rights of third parties. In particular, in the context of the use of the Rematch Services, you may not:
-store, publish or transmit any content that is personally or economically damaging, threatening, abusive, harassing, abusive, defamatory, vulgar, obscene, hateful, racist, pornographic, glorifies violence, is harmful to minors or otherwise violates any applicable law or is objectionable in Rematch's reasonable judgment.
-store, publish and/or transmit contents which infringe third party rights, in particular patents, trademarks, utility models, copyrights, ancillary copyrights, trade secrets, know-how, personal rights or property rights or which you are not entitled to pass on.
-store, post and/or transmit any content that contains viruses or files or programs designed or capable of interrupting, destroying or limiting the functionality of any software or hardware or telecommunications equipment.
-impersonate any other person or entity on the Rematch Services.
-store, post and/or transmit advertising, promotional material, junk or bulk e-mail ("spam"), chain letters, pyramid schemes or other commercial communications without Rematch's express prior written permission.
-collect, store or transmit personal data about other users, unless those concerned have given their consent to do so.
6.4 If you notice that content of other users violates these TOU or legal provisions, please notify us at the e-mail team@rematch.earth. Please also provide us with the identification data of the person who, in your opinion, does not comply with the rules, together with the content in question or a description and any other useful or necessary information.
7. User Content
7.1 The following transfer of rights are intended to enable Rematch to use and manage the application. Anyone who has added, uploaded or posted content in the Rematch application grants Rematch, free of charge, the simple right, unlimited in time and space, to make this content permanently publicly accessible within the framework of the operation of the application. The content may thereafter be used (in particular stored, processed or made publicly accessible), e.g. also beyond your membership, within the framework of the offered services and functionalities. This also includes the right to adapt the content to technical requirements and possibilities of the used media/playback devices (e.g. scaling of the display, cropping without changing the message of the content, conversion into other formats).
7.2 Rematch is entitled to transfer the granted right of use in the context of the transfer of the Rematch application to third parties for the continuation of this application. This does not imply any obligation for Rematch or the third party to exercise the right.
7.3 You warrant to Rematch that you own all necessary rights with respect to the content for which you use the application for storage, publication, making available to the public and/or transmission. If you are not the owner of the rights to any content you submit, you warrant that you have effectively obtained all necessary rights, permissions, consents and the like. In the event that you breach these warranties or any of them, you will be liable to us for any damages incurred, including the necessary costs of our legal defense.
7.4 You grant Rematch permission, in particular, to include your user name and content in internal search functions for the purpose of optimizing the Rematch services and to produce reduced-size images (thumbnails) of photo and videos and to use them in the Rematch services for an unlimited period of time.
7.5 You grant Rematch the right to further exploit content of the Rematch application in other media.
7.6 Rematch is further entitled to make the content of the Rematch application publicly available on other domain addresses operated by Rematch, on social media channels used by Rematch and on mobile applications as well as in connection with Rematch or Rematch on third-party websites.
8. Data Protection
Data protection is of particular importance to Rematch. The corresponding principles and regulations can be found in our Privacy Policy which is part of the TOU.
9. Virtual Domiciliary Rights
9.1 Rematch reserves the right to exercise its virtual domiciliary rights at any time. Therefore, in case of violations of the rules, contributions, links and other contents can be moved to other places in the community, moderated and, for the purpose of compliance with these TOU and for the protection of the rights of third parties (marked as edited by Rematch), supplemented or deleted in whole or in part, according to Rematch's discretion, even without prior information of the author. Such measures may be combined with warnings or exclusion from Rematch services. If we refrain from taking such measures, this does not mean that we generally refrain from taking such measures.
9.2 We cannot decide legal disputes between users or with regard to third parties. Rematch is entitled to block contributions or other content in case of doubt until a final binding judicial clarification or an agreement with affected parties is proven or otherwise it is ensured in Rematch's opinion that Rematch is released from any liability and responsibility regarding the publication by potentially injured parties.
10 Disclaimer of Warranty, Third-Party Content
10.1 Rematch offers its Service subject to the right to modify, interrupt or discontinue it in whole or in part at any time. Rematch does not warrant to you or to any other person that the Service will be uninterrupted, secure or error-free at all times. Your use is at your own risk. This applies in particular to the use of content offered through Rematch, especially by other users. Rematch also does not warrant that the hardware and software used for the offer will work error-free at all times or that any errors in the hardware or software will be corrected, and assumes no liability for damages resulting from the use or inability to use the Rematch services, including loss of data or its integrity. You are solely responsible for any damage to your computer system, or other technical equipment used for the use, for the loss of data or for any other damage and also for any damage to third parties caused by you in this context.
10.2 Rematch provides an application for expressions of opinion, ratings and surveys of its users. Therefore, Rematch does not assume any warranty and does not give any assurance regarding the correctness and reliability of the information, evaluations and functionalities available within the scope of the offer, since these are significantly based on and dependent on the behavior and information of the users.
10.3 Our offer or user content may contain references (links) to websites and services of third parties. The respective provider or operator is primarily responsible for the content of the linked pages, for Rematch they represent third-party content. Please notify us at team@rematch.earth if you are of the opinion that linked offers contain illegal or otherwise questionable content.
10.4 The respective provider is responsible for the content of advertisements, as well as for the content of the advertised website.
11. Liability and Limitation of Liability
Rematch shall only be liable for damages of an account holder as a result of the use of the application to the following extent:
11.1 Rematch shall be liable in case of intentional or gross negligence by Rematch, its legal representatives and vicarious agents.
11.2 Rematch shall only be liable for slight negligence if an essential contractual obligation is breached. Material contractual obligations are those, the violation of which endangers the purpose of the contract, because the account holder is thereby deprived of rights or such rights are limited, which Rematch is to grant to the account holder according to the content and purpose of the contract. The liability for the breach of such a material contractual obligation shall be limited to the amount of the damage foreseeable at the time of the conclusion of the contract.
11.3 Any further legal limitations of liability in favor of Rematch shall remain unaffected.
11.4 Claims based on a warranty, injury to life, body, health and under the Product Liability Act as well as based on other mandatory liability provisions shall remain unaffected.
11.5 To the extent that Rematch's liability is limited or excluded under the above provisions, this shall also apply to the personal liability of Rematch's legal representatives, employees and vicarious agents.
11.6 Rematch reserves the right to consider contributory negligence of the customer in the calculation of damages. A contributory negligence may exist in particular if and insofar as the customer has not complied with its duty to secure data, in particular to secure and keep secret its password.
12. Indemnification by the User
If Rematch, a company affiliated with Rematch as well as the employees, workers, representatives, shareholders and vicarious agents of Rematch and/or of companies affiliated with Rematch in connection with the use of the Offer should act contrary to the provisions of the TOU, in particular the warranties in section 6.1 and the contents posted by you, you shall indemnify and hold harmless Rematch, Rematch affiliated companies as well as the employees, representatives, partners and vicarious agents of Rematch and/or Rematch affiliated companies from any and all claims or demands, irrespective of their legal basis, upon first request. This also includes reasonable attorney's fees and court costs.
13. Trademarks and Other Property Rights of Rematch
You acknowledge that all rights to the Rematch offer and services offered thereon and the corresponding labeling, including any trademark, patent, copyright and license rights or other rights or comparable legal positions in relation to you are exclusively vested in Rematch and will not use them or remove any references to Rematch's ownership of rights without Rematch's prior express consent. In particular, you may not use the trademark "Rematch", copy, distribute, sell, transfer, or otherwise exploit, modify, create derivative works of, or attempt to obtain source code for any Software or any portion thereof. For the avoidance of doubt, the foregoing does not apply to your own content that you post on our site or to such content of other users, nor does it limit any legal rights you may have. However, you will equally respect the rights of the respective other entitled parties to their content.
14. Integration of Advertising
Rematch places advertising banners or other forms of advertising itself or through external service providers. The User expressly agrees that advertising, in particular also in the environment of the contents uploaded by him, may take place, if necessary also before, within and after these (e.g. in videos via pre- and/or end-credits advertising).
15. Applicable Law, Place of Jurisdiction, Miscellaneous
15.1 The law of the USA shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
15.2 To the extent permitted by law, the place of jurisdiction shall be Connecticut, USA.
15.3 Should individual provisions of these TOU be or become invalid in whole or in part, the rest of the TOU shall remain valid. If the user is not a consumer, the parties shall replace the invalid provision with a valid provision that corresponds as closely as possible to the economic purpose of the invalid provision. The same shall apply in the event of a loophole.
15.4 These TOU are exclusively available in the English language and are not stored separately by Rematch upon conclusion of the contract.
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