Terms of Use

Last updated: January 2025

Welcome to BirdDex, a gamified bird identification application and any related websites, products, or services owned or operated by BirdDex ("we," "us," or "our") (collectively, the "Service"). These Terms of Use ("Terms") constitute a legal agreement between you, a user of at least 13 years of age ("you" or "User"), and BirdDex regarding your use of the Service.

By accessing, installing, browsing, using, subscribing to, or registering for the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Service.

1. Acceptance of Terms

By creating an account or using BirdDex, you agree to these Terms and our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree to these Terms, do not use the Service.

2. Eligibility

The Service is available to users aged 13 and older. If you are between 13 and 18 years of age, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. Users under 13 are not permitted to use the Service. You represent and warrant that you will not use the Service for any unlawful purpose or in any manner prohibited by these Terms.

3. AI Identification Disclaimer

IMPORTANT: The Service uses artificial intelligence technology to assist in bird species identification. While we strive to provide accurate identifications, AI-generated identifications are not guaranteed to be accurate and should not be solely relied upon for any purpose, including but not limited to:

• Scientific research or academic publications
• Wildlife management or conservation decisions
• Legal or regulatory compliance
• Professional ornithological assessments
• Any activities where misidentification could result in harm to wildlife, ecosystems, or persons

You agree that all risks arising from reliance on AI-generated bird identifications shall be borne solely by you, and BirdDex shall not be liable for any consequences resulting from identification errors.

4. Gamification Features

The Service includes gamification elements such as experience points ("XP"), achievements, badges, collection tracking, leaderboards, and other reward mechanisms (collectively, "Game Features"). You acknowledge and agree that:

• Game Features have no monetary value and cannot be exchanged for cash or any other consideration
• We reserve the right to modify, reset, or remove Game Features at any time without notice
• Progress, achievements, and collected species data may be lost due to technical issues, and we are not responsible for such losses
• Manipulation of Game Features through unauthorized means, including but not limited to submitting false sightings or using automated tools, is strictly prohibited and may result in account termination

5. Your Account

You agree that all information you provide during registration will be accurate and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You must immediately notify us if you believe your account has been compromised.

6. User Restrictions

You agree not to:

• Use the Service for any unlawful purpose
• Attempt to gain unauthorized access to the Service or its systems
• Use automated tools, bots, scrapers, or other means to access or collect data from the Service
• Submit false, misleading, or fraudulent bird sightings or photographs
• Interfere with or disrupt the Service or servers
• Circumvent any security features or access restrictions
• Use the Service in any manner that could damage, disable, or impair the service
• Upload content that is illegal, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable
• Impersonate any person or entity
• Upload images that you do not own or have permission to use

7. User Content

License to Your Content

You retain ownership of the photographs, location data, sighting information, and other content you upload to BirdDex ("Your Content"). By submitting Your Content to the Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to use, reproduce, modify, distribute, and display Your Content for the purpose of operating and improving the Service, including training and improving our AI identification systems.

Prohibited Content

You shall not submit any content that: (a) violates any law or regulation; (b) infringes any third party's intellectual property or privacy rights; (c) contains malicious code; (d) is false, misleading, or fraudulent; (e) is defamatory, obscene, or offensive; or (f) depicts illegal activities or harm to wildlife.

Representations

You represent and warrant that you own or have the necessary rights to Your Content and that Your Content does not infringe any third party's rights.

8. Limited License

Subject to these Terms, we grant you a limited, revocable, non-transferable, non-exclusive, non-sublicensable license to use the Service solely for your personal, non-commercial purposes in accordance with these Terms.

9. Intellectual Property

The Service, including all content, visual interfaces, information, graphics, design, compilation, computer code, AI models, algorithms, products, software, and all other elements ("BirdDex Materials"), are protected by intellectual property laws. Except as expressly authorized, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, decompile, disassemble, reverse engineer, create derivative works from, or otherwise make unauthorized use of BirdDex Materials.

10. Third-Party Services

The Service may integrate with or link to third-party services, including AI providers, mapping services, and social platforms. We do not endorse and are not responsible for any third-party services. Your use of third-party services is at your own risk and subject to their respective terms and privacy policies.

11. Termination

We may terminate or suspend your access to the Service at any time, with or without cause, with or without notice. Upon termination, your right to use the Service will immediately cease, and any data associated with your account, including Game Features progress and collected species data, may be deleted. We shall not be liable for any loss resulting from termination. You may also delete your account at any time through the in-app account deletion feature under Profile > Delete Account.

12. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT AI-GENERATED BIRD IDENTIFICATIONS WILL BE ACCURATE.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIRDDEX AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PROFITS, OR LOSS OF GOODWILL, ARISING FROM YOUR USE OF THE SERVICE. IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO US, IF ANY, DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

14. Indemnification

You agree to indemnify, defend, and hold harmless BirdDex and its affiliates, officers, employees, agents, and partners from any claims, losses, damages, liabilities, and expenses (including attorneys' fees) arising from your use of the Service, your violation of these Terms, or your violation of any third party's rights.

15. Dispute Resolution

Informal Resolution

Before initiating any formal dispute resolution, you agree to contact us and attempt to resolve any dispute informally for at least thirty (30) days.

Class Action Waiver

YOU AND BIRDDEX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

16. Changes to Terms

We may revise these Terms from time to time. We will notify you of material changes through the Service or via email. Your continued use of the Service after any revised Terms have been posted constitutes your acceptance of the revised Terms.

17. Governing Law

These Terms shall be governed by and construed in accordance with applicable law, without regard to conflict of law principles.

18. Miscellaneous

Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and BirdDex regarding the Service.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

19. Apple App Store Terms

If you downloaded the BirdDex application from the Apple App Store, you acknowledge that: (a) these Terms are between you and BirdDex only, not Apple; (b) Apple has no obligation to provide maintenance or support for the application; (c) Apple is not responsible for any claims relating to the application; and (d) Apple and its subsidiaries are third-party beneficiaries of these Terms.

20. Copyright / DMCA

If you believe any content on the Service infringes your copyright, you may submit a notice in accordance with 17 U.S.C. § 512(c)(3). Your notice must include: (i) your signature; (ii) identification of the copyrighted work; (iii) identification of the infringing material; (iv) your contact information; (v) a statement of good-faith belief; and (vi) a statement of accuracy under penalty of perjury.

Please send DMCA notices to: support@birddex.co