Terms of Service

By using Animl, you agree to these Terms of Service

The Nature Conservancy (“we”, “us” or “TNC”) is pleased to provide Animl software and services (“Animl”) to you or your current employees. If you are using Animl on behalf of a business (such as your employer), that business accepts these terms of service (“Terms”) by your use. In that case, the words “you” and “your” in these Terms refers to that business.

The Terms govern your access to and use of Animl, so please carefully read them and our Privacy Policy before using Animl. By using Animl, you agree to be bound by these Terms and by our Privacy Policy. If you don’t agree with these Terms and our Privacy Policy, you cannot use Animl in any way or at any time.

Your Data: Your Rights and Your Privacy

We developed Animl to help you manage your camera trap data. Animl allows you to share information with us and other users of Animl. You agree to allow the Animl platform to host that information, but you are NOT required to share any of the information including images, metadata, annotations, and labels that you upload to Animl (your “Data”). Data does not include code modifications that are part of the open source repository for Animl. You retain full ownership to your Data. We do not claim any ownership to any of it. These Terms do not grant us any right to your Data or intellectual property except for the limited rights that we require to administer Animl, as explained below.

Please refer to our Privacy Policy for a description of how we collect, use and disclose Animl information (“Content”), including your Data.

We have the right to withdraw or change Animl or any Content. As we describe below, we will not be liable to you if for any reason all or any part of Animl is unavailable at any time or for any length of time.

Your Responsibilities

Content in Animl may be protected by intellectual property rights of others. Only upload your Data if you have all necessary rights to that Data and have all necessary rights to share it on Animl if you choose to do so. Please respect confidentiality obligations. You are solely responsible for your conduct, the content of your Data and your communications with others while using Animl. It is your responsibility to ensure that you have the rights or permission needed to comply with these Terms.

Respect the law. It is your responsibility to know and comply with applicable laws and regulations with regards to camera traps and remote monitoring. Do not use Animl for any fraudulent or unlawful purpose including violations of statutory, regulatory or contractual law. Respect copyright, trademark, privacy, financial disclosure, libel, defamation, trade secret, data protection and all other laws. Obtain permission before uploading material belonging to others. Do not attempt to impersonate any other individual on Animl; you must always use your true identity.

TNC expects itself and everyone with whom it does business to conduct themselves in ways that are consistent with its TNC’s Code of Conduct found at www.nature.org/codeofconduct.

Without TNC’s express written consent, you may not use, display, mirror, or frame Animl, any element within Animl, or any proprietary elements belonging to TNC (including but not limited to TNC logos and marks). In addition to adhering to all applicable laws and regulations, you may NOT do any of the following:

• resell Animl or the Content, or any portion thereof;

• access or search the Content or download Content by using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents that TNC provides or authorizes;

• probe, scan, tamper with, or test the vulnerability of Animl or any TNC system or network;

• avoid, breach, deactivate, impair, or circumvent any security or authentication measures, including those that protect Animl and the Content;

• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide Animl or the Content;

• interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, by sending a virus, overloading, or flooding Animl;

• encourage or enable anyone else to do any of the foregoing.

Although we’re not obligated to monitor and control access to or use of Animl or to review or edit any Content, we have the right to do so to operate Animl, ensure compliance with these Terms, and comply with applicable legal requirements. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Content

Using Animl or uploading your Data does not give you ownership of any intellectual property rights in Animl or in Content (other than your own Data) that you may access or use. TNC and its licensors exclusively own all right, title and interest in and to Animl, including all associated intellectual property rights. Don’t remove, obscure, or alter any legal notices displayed in or along with Animl.

All Users are encouraged to make appropriate attributions to copyright owners when referencing their material. We have the right to remove content and take technical and legal steps to bar you from using Animl if we think you have violated these Terms. YOU WAIVE AND HOLD HARMLESS TNC AND ITS AFFILIATES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY UNAUTHORIZED USE OF CONTENT YOU UPLOAD, POST OR USE IN ANIML.

These Terms do not grant you the right to use any of our branding or logos or name. You must not use our name or logo or branding without our written permission, except to cite The Nature Conservancy’s development and ownership of Animl in a factual manner that does not imply any endorsement of Your or anyone else’s products, services, or businesses

Account Information and Security

You will be assigned a username and password to access Animl. You agree not to use the username or password of another person at any time or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your username or access to your password. You are solely responsible for any and all uses of your username and password, as well as all activities that occur under your Account, whether or not you know about them. You can deactivate your account at any time by sending an email to Animl at tnc dot org with “Deactivate my Account” in the subject line.

It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate and complete. If you don’t, we might have to suspend or terminate your Account.

Rights You Grant in Your Data for Animl System Administration

By uploading your Data, you hereby grant to TNC a non-exclusive, transferable, sub licensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon your Data in connection with operating and providing Animl to you and to other Animl users.

You are solely responsible for all your Data. You represent and warrant that you own all your Data or that you have all necessary rights to grant us the license rights in your Data under these Terms. You also represent and warrant that neither your Data, nor your use and provision of your Data to be made available through Animl, nor any use of your Data by TNC on or through the Animl will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of privacy, or result in the violation of any applicable law or regulation.

You can remove your Data by specifically deleting it. However, in certain instances, some of your Data (such as summaries aggregating your Data with other Content) may not be completely removed and copies of your Data may continue to exist on Animl. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your Data.

Rights you grant in your data for other purposes

TNC will not display or distribute your Data (including using your Data to train machine learning models) for purposes other than system administration without your consent.

Rights That TNC Grants You

The Nature Conservancy is the author and owner of the Animl code, including all copyrights in Animl. We grant you a license, free of charge, to use this Animl software and associated documentation files (the “Software”) for noncommercial or academic purposes, including the rights to use, copy, modify, merge, publish, or distribute, or sublicense the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

• You must include the following copyright notice and this permission notice in all copies or substantial portions of the Software: “© The Nature Conservancy, 2023. The Nature Conservancy is the author and owner of the Animl code, version, including all copyrights in Animl. Only for noncommercial or academic use.”

• While you may download and modify the code for use cases outside of conservation, you must remove our logo from the code.

Disclaimers, Limited Liability and Indemnity

THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON INFRINGEMENT. TNC MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANIML OR ANY ANIML CONTENT.

TNC MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF ANIML WILL MEET YOUR NEEDS OR BE UNINTERRUPTED, SECURE, OR ERROR FREE. USERS ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL CODE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TNC SHALL NOT BE LIABLE FOR CREATING, PRODUCING, MAINTAINING, OPERATING, OR PROVIDING ANIML or ANIML CONTENT, UNDER ANY THEORY BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER LEGAL THEORY. THIS LIMITATION ON LIABILITY INCLUDES ANY AND ALL INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE ANIML, EVEN IF TNC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE ABOVE EXCLUSIONS AND LIMITATIONS OF DAMAGES ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TNC AND YOU.

INDEMNITY. You agree to release, indemnify, defend and hold harmless TNC, its subsidiaries, and affiliates, and their respective officers, directors, agents, partners and employees, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of Animl, (ii) your Data, or (iii) your violation of these Terms.

Termination

We may terminate your access to and use of Animl, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at Animl at tnc dot org. Upon any termination, discontinuation or cancellation of Animl or your Account, all provisions of these Terms that by their nature should survive will survive. This includes, for example ownership provisions, warranty disclaimers, and limitations of liability.

Modifying our Terms of Service

We may update these Terms from time to time, at our sole discretion. We may notify you of such updates by any reasonable means, such as by posting the revised Terms on the Animl website. Please look at the “LAST UPDATED” legend above to see when these Terms were last revised. Your use of Animl after the posting of any revised Terms means that you accept and agree to be bound by the revised Terms. If you don’t agree to be bound by the revised Terms, then you may not use Animl anymore. You can stop using Animl at any time. We may also stop providing Animl to you, or add or create new limits to Animl at any time.

General Terms

These Terms are the entire and exclusive agreement between TNC and you regarding Animl and these Terms supersede and replace any prior agreements between TNC and you regarding Animl.

These terms do not create any third party beneficiary rights. You may not assign or transfer these Terms, by operation of law or otherwise, without TNC’s prior written consent. Any attempt to do so will be null. Subject to the foregoing, these Terms will bind your successors and permitted assigns. TNC may freely assign or transfer these Terms without restriction.

If you do not comply with these Terms, and we do not take action right away, this does not mean that we are giving up any rights that we may have to take action in the future or seek all available remedies.

If it turns out that a particular provision of these Terms is not fully valid or enforceable, that provision will be enforced to the maximum extent permissible, and this will not affect any other Terms.

All claims arising out of this Agreement or relating to Animl will be governed by the laws of the State of California excluding the application of its conflicts of law rules. Any legal action or proceeding arising out of this Agreement or relating to these Services shall be brought exclusively in a state or federal court in or for San Francisco, California.