Terms of service · RescueConsole

These terms are an agreement between RescueConsole, Inc., a Florida corporation ("we", "us"), and the organization that creates a RescueConsole account ("you"). By creating an account or using RescueConsole, you accept them. If you accept them for an organization, you confirm that you are allowed to bind it.

1. The service

RescueConsole is software for animal rescues and shelters: records of animals and people, adoptions, fosters, volunteers and shifts, events, fundraising, email, forms and a public website. We may improve, change or retire parts of it over time. If we remove something you rely on in a way that matters, we will tell you first.

2. Your account

Give us accurate information when you sign up, and keep your contact details current.
You decide who on your team has access and with what role, and you are responsible for what they do in your account.
Keep sign-in details private. Tell us at legal@rescueconsole.com if you believe your account has been used without permission.

3. Your data

The information you put into RescueConsole is yours. You give us permission to store, copy, process and display it only as needed to run the service for you, to keep it secure, and as our privacy policy describes. You can export your records as spreadsheets at any time.

Each of us keeps what the other shares in confidence and uses it only for this agreement: for us, your information; for you, anything we tell you that is not public. That does not apply where a law, including a public-records law, requires something to be disclosed. We will not use your organization's name or logo in our marketing without your permission.

You are responsible for having the right to collect and use the information you keep about people, for telling them what you do with it, and for following the laws that apply to you, including laws on privacy, email and fundraising.

4. The Public Registry

The registry lets rescues warn each other about a person or an animal. Anything you add to it must be truthful, made in good faith, about a real concern for an animal's welfare, and written as fact rather than opinion or insult. You are responsible for what you add. We may hide or remove an entry that appears to break these terms or the law, or that we are asked to review.

5. Acceptable use

You agree not to:

break the law, or use RescueConsole to harass, threaten or defraud anyone;
send unsolicited bulk email, or email people who have asked you to stop;
try to reach another organization's information, or get around a limit or a permission;
upload malicious code, or overload, probe or disrupt the service;
copy or resell the service, or use it to build a competing product.

6. Price and payment

RescueConsole costs $1 for each adoption you complete. It is free for the month you sign up in and the twelve full months after it. A month with no adoptions costs nothing, and an adoption that is reversed is not charged, or is credited on the next invoice if it was already billed.
We count each month's adoptions after the month ends and invoice them on the 5th of the month after, by email. Invoices are due as each invoice states.
You can choose to have adopters pay the $1 when they pay an adoption fee online, in which case you are not invoiced for that adoption.
If an invoice goes unpaid well past its due date, we may suspend the account after telling you and giving you time to pay.
We will give at least 90 days' notice by email before a price change takes effect.
Your price never depends on how you are paid, and you never have to take payments through us. An adoption paid in cash, by check, through an app or on a card reader costs the same dollar as one paid by card through Stripe.

Payments you take online go through Stripe, on your own Stripe account, under Stripe's terms and fees. Money you receive is paid to you by Stripe, and refunds and disputes are between you, your payer and Stripe.

7. Other services

If you connect another service to RescueConsole, such as Stripe, RescueGroups.org, ShelterLuv or a webhook address, you do so under that service's own terms, and we are not responsible for it.

8. Support access

Our support staff can look at your account only when one of your administrators grants access, for the time they choose. That access is read only, can be withdrawn at any moment, and is recorded where you can see it.

9. Availability

We work to keep RescueConsole available and your information safe, but we do not promise the service will be uninterrupted or free of errors, and it may be unavailable for maintenance. Keep your own copies of anything you cannot do without.

If we confirm a security breach that affects your information, we will tell your administrators without undue delay and no later than 72 hours after confirming it, say what we know, keep you told as we learn more, and help with any notice the law requires you to give.

10. Canceling

You can cancel your account at any time by writing to legal@rescueconsole.com. You pay for adoptions completed before the account closes. We may suspend or close an account that breaks these terms, and, unless the breach is serious or the law prevents it, we will tell you first and give you a chance to put it right.

When an account is closed, we keep its information for 90 days. In that time we can reopen the account or send you a copy of your records, with their files and photos, if you ask. After that, the information is deleted, except billing records we must keep by law.

11. Ours and yours

RescueConsole, its software, design and name belong to us. While your account is open you may use the service under these terms. If you send us ideas or feedback, we may use them without owing you anything.

12. No guarantees

RescueConsole is provided as it is and as available. To the extent the law allows, we make no promises beyond those in these terms, including about fitness for a particular purpose. Information RescueConsole offers, such as the starter list of medications and label doses, is a starting point and not veterinary, legal or financial advice. Check it with a qualified professional before relying on it.

13. Limits on liability

To the extent the law allows, neither of us is liable to the other for lost profits, lost data, or indirect, special or consequential damages. Our total liability for any claim about RescueConsole is limited to the greater of what you paid us in the twelve months before the claim arose and one hundred dollars. These limits do not apply where the law does not allow them to.

14. Claims about your use

You will defend us against claims by others arising from the information you keep in RescueConsole, what you add to the Public Registry, or your breach of these terms, and pay the costs those claims result in. For a government body this applies only as far as the law that governs it allows (section 18).

15. Law and courts

The laws of the State of Florida govern these terms, without regard to its rules on conflicts of law. Any dispute will be decided by the state or federal courts located in Florida, and both of us agree to their jurisdiction. For a government body, section 18 says otherwise.

16. Changes to these terms

We may update these terms. We will change the date at the top of this page, and for a significant change we will email your administrators at least 30 days before it takes effect. Using RescueConsole after that means you accept the updated terms.

17. The rest

If any part of these terms cannot be enforced, the rest still applies. Not enforcing a part is not giving it up. Either of us may transfer these terms to an organization that takes over its business, or the work it uses RescueConsole for, by telling the other in writing; otherwise neither of us may transfer them without the other's agreement.

An organization that needs to sign something can sign an order form with us that names a version of these terms by its date. Each version is kept, word for word, at rescueconsole.com/terms/ followed by that date, and the version an order form names is the one that applies to that organization until we both sign a new one. These terms, any order form we both sign, and the privacy policy are the whole agreement between us about RescueConsole.

18. Government bodies

If you are a government body, such as a county, a city or a state agency:

Where a law you are bound by requires something these terms do not, or forbids something they say, that law wins to the extent of the conflict, and we will sign an order form that says so if you need one.
The laws of your own state govern these terms, and disputes go to the courts there, in place of section 15.
Section 14 applies only as far as the law that governs you allows. Nothing in these terms waives your immunity, including under section 768.28 of the Florida Statutes.
You pay each invoice within 45 days of receiving it.
If the body that funds you does not appropriate money for RescueConsole in a fiscal year, you may end this agreement at the end of the last period that was funded by telling us in writing, with no penalty. You pay only for adoptions completed before it ends, and your information is kept and returned as section 10 says.
Your records are yours, and we hold them for you. You can export them at any time. If we are asked for them under a public-records law (in Florida, chapter 119 of the Florida Statutes), we will send the request to you rather than answer it, and we will not disclose records the law makes exempt or confidential. If you need records you cannot export yourself, we will give them to you within a reasonable time. When this agreement ends, we give you all of them at no cost before they are deleted.

Contact

Questions about these terms: legal@rescueconsole.com.