Terms of Use

Last Updated: May 8, 2026

These Terms of Use (“Terms”) govern your access to and use of the Bird Identifier mobile application, related websites, content, features, subscriptions, and services collectively referred to as the “Service.”

By downloading, installing, accessing, subscribing to, or using Bird Identifier, you agree to these Terms. If you do not agree to these Terms, please do not use the Service.

1. What Bird Identifier Does

Bird Identifier is designed to help users identify birds by photo, recognize bird by it sounds, save bird observations, build a personal bird collection, and learn more about bird species.

The Service may include features such as:

• bird identification from photos;

• bird sound recognition;

• bird-related educational content;

• personal bird collections;

• saved observations;

• location-based bird information;

• expert observation tips;

• premium features available through subscription.

Bird Identifier is intended for informational, and recreational use. It should not be treated as professional scientific, veterinary, legal, environmental, conservation, or safety advice.

2. Eligibility

You may use the Service only if you are legally allowed to enter into these Terms under the laws of your country or region.

If you are under the age of legal majority in your location, you may use the Service only with the involvement and permission of a parent or legal guardian. By allowing a minor to use the Service, the parent or legal guardian agrees to these Terms on the minor’s behalf.

You may not use the Service if you are prohibited from doing so under applicable law.

3. Changes to These Terms

We may update these Terms from time to time. If we make changes, we will update the “Last Updated” date above.

When changes are important, we may also provide notice in the app, by email, or by another reasonable method.

Your continued use of the Service after updated Terms become effective means you accept the updated Terms. If you do not agree to the updated Terms, you should stop using the Service.

4. Privacy

Your use of the Service is also governed by our Privacy Policy.

The Privacy Policy explains how we may collect, use, store, and share information, including information related to photos, camera access, bird observations, sound recognition, device data, subscriptions, analytics, and location-based features.

Please review the Privacy Policy carefully before using the Service.

5. License to Use the Service

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, access, and use Bird Identifier for your own personal, non-commercial purposes.

This license does not transfer ownership of the Service or any part of it to you.

You may use the Service only as permitted by these Terms, applicable app store rules, and applicable laws.

6. App Stores and Platform Rules

If you download Bird Identifier from the Apple App Store, Google Play, or another app marketplace, your use of the Service may also be subject to that platform’s terms, rules, and policies.

You agree to comply with all applicable platform rules, including rules related to purchases, subscriptions, refunds, device usage, family sharing, and account management.

If there is a conflict between these Terms and the rules of the app store from which you downloaded the app, the app store rules may apply to the extent required by that platform.

7. Subscriptions and Premium Features

Bird Identifier may offer free features and paid premium features.

Premium features may include, depending on the current version of the app:

• unlimited bird identification;

• advanced sound recognition;

• personal bird collection tools;

• expert observation tips;

• expanded bird-related content;

• additional app functionality shown on the paywall or subscription screen.

Available subscription plans, billing periods, prices, trial offers, and included features will be shown inside the app before purchase.

8. Auto-Renewable Subscriptions

Some premium features may be offered through auto-renewable subscriptions.

By purchasing a subscription, you authorize the applicable app store or payment provider to charge your selected payment method according to the price and billing period shown at the time of purchase.

Unless cancelled before the end of the current billing period or free trial, your subscription will automatically renew.

You can manage or cancel your subscription through your Apple App Store, Google Play, or other applicable platform account settings. Deleting the app does not automatically cancel your subscription.

9. Free Trials and Promotional Offers

We may offer free trials, discounted subscriptions, or promotional access from time to time.

The details of any trial or promotion will be shown before you accept the offer. Unless you cancel before the trial period ends, your subscription may convert into a paid subscription and renew automatically according to the terms shown at purchase.

We may modify, limit, or end free trials and promotional offers at any time, subject to applicable law and app store rules.

10. Payments, Refunds, and Billing

Payments are processed by the app store or payment provider through which you purchased the subscription.

We do not control all payment processing, refund decisions, billing authorization, or payment method management handled by Apple, Google, or another platform.

Refund requests must usually be made through the same platform where the purchase was made, unless otherwise required by law or platform rules.

We may, where technically available, review limited subscription or usage information to help verify purchase status, restore access, or respond to support requests.

11. Restore Purchases

If you reinstall the app, change devices, or lose access to premium features, you may be able to restore purchases through the app’s restore purchase option or through your app store account.

Restoring purchases may require you to use the same app store account that originally made the purchase.

12. Bird Identification Results

Bird Identifier may use automated technology, including image recognition, sound recognition, databases, algorithms, machine learning, or third-party tools, to generate bird identification results.

You understand and agree that identification results may not always be accurate, complete, current, or suitable for every situation.

Bird identification can be affected by many factors, including:

• image quality;

• lighting;

• angle;

• distance;

• background objects;

• bird age, color variation, or seasonal plumage;

• sound quality;

• background noise;

• regional species similarity;

• incomplete or incorrect metadata.

You should not rely only on Bird Identifier for decisions involving safety, wildlife handling, conservation reporting, legal compliance, commercial use, hunting, protected species activity, or any action that may affect animals, people, property, or the environment.

13. Wildlife Safety and Responsible Use

You agree to use Bird Identifier responsibly and respectfully.

You should not use the Service in a way that:

• disturbs, harms, captures, traps, or stresses birds or other wildlife;

• encourages unsafe contact with wild animals;

• damages nests, habitats, plants, or natural areas;

• violates local wildlife, park, conservation, or environmental rules;

• puts you or others in danger while observing birds;

• trespasses on private property;

• misuses bird calls, recordings, or sound playback in restricted areas.

Always follow local laws, park rules, and responsible birdwatching practices.

14. User Content

The Service may allow you to upload, create, save, or share content, including bird photos, sound recordings, notes, comments, observation locations, favorites, collections, feedback, or other materials (“User Content”).

You keep ownership of your User Content. However, by uploading or submitting User Content to the Service, you grant us a worldwide, non-exclusive, royalty-free license to host, store, process, reproduce, display, adapt, analyze, and use your User Content as reasonably necessary to:

• provide the Service;

• identify birds or sounds;

• save your observations;

• improve app performance;

• provide support;

• maintain security;

• develop and improve features;

• comply with legal obligations.

This license ends when your User Content is deleted from our systems, except where continued retention is permitted or required by law, backup processes, security needs, dispute resolution, or legitimate business purposes.

15. Your Responsibility for User Content

You are responsible for the User Content you provide.

You confirm that:

• you own your User Content or have permission to use it;

• your User Content does not violate another person’s rights;

• your User Content does not contain unlawful, harmful, misleading, abusive, or infringing material;

• your User Content does not contain private information about others without permission;

• your User Content does not violate these Terms or applicable law.

Please do not upload sensitive personal information, private documents, financial information, medical information, or images of people who have not given permission.

16. Prohibited Content

You may not upload, create, submit, or share content that:

• violates any law or regulation;

• infringes intellectual property, privacy, publicity, or other rights;

• is false, misleading, defamatory, abusive, hateful, or harassing;

• contains sexually explicit material;

• exploits or harms minors;

• promotes violence, illegal activity, or cruelty to animals;

• contains malware, harmful code, spam, or unauthorized advertising;

• exposes private information about another person;

• interferes with the safe or lawful use of the Service.

We may remove or restrict content that we believe violates these Terms or may create risk for users, wildlife, the public, or the Company.

17. Accounts

Some features may require an account.

You agree to provide accurate and current information when creating or using an account. You are responsible for keeping your login details secure and for all activity that occurs under your account.

You should notify us promptly at edwardscharlotte749@gmail.com if you believe your account has been accessed without permission.

We may suspend or terminate accounts that violate these Terms, create risk, or are used in a fraudulent, abusive, or unlawful way.

18. Acceptable Use

You agree not to:

• copy, modify, sell, rent, lease, distribute, or sublicense the Service;

• reverse engineer, decompile, disassemble, or attempt to extract source code from the Service;

• bypass, disable, or interfere with security features;

• access the Service through unauthorized tools, bots, scrapers, or automated systems;

• use the Service to build, train, or improve a competing product without our written permission;

• overload, disrupt, damage, or interfere with the Service;

• upload viruses, malware, or harmful code;

• attempt to gain unauthorized access to accounts, systems, data, or networks;

• remove copyright, trademark, or proprietary notices;

• use the Service for unlawful, fraudulent, misleading, or harmful purposes;

• use the Service in a way that violates app store rules or applicable law.

19. Intellectual Property

The Service, including its design, software, code, technology, databases, algorithms, graphics, logos, trademarks, text, user interface, sounds, visual materials, and other content provided by us, is owned by or licensed to us and is protected by copyright, trademark, trade secret, and other intellectual property laws.

Except for the limited license granted to you under these Terms, no rights are transferred to you.

You may not use our name, logo, branding, app design, or other proprietary materials without our prior written permission.

20. Third-Party Content and Services

The Service may include content, links, tools, SDKs, data, maps, species information, advertisements, analytics, payment processing, or other services provided by third parties.

We are not responsible for third-party websites, services, content, policies, products, or practices. Your use of third-party services may be subject to their own terms and privacy policies.

We do not guarantee that third-party content will always be accurate, available, secure, or suitable for your needs.

21. Ads and Promotions

The Service may display advertisements, sponsored content, or promotional messages.

We are not responsible for products, services, claims, offers, or content provided by advertisers or third parties. Any interaction you have with an advertiser or third party is between you and that third party.

22. Feedback

You may choose to send us feedback, ideas, suggestions, bug reports, feature requests, or other comments about the Service.

By sending feedback, you agree that we may use it without restriction or compensation to you. This helps us improve Bird Identifier and related services.

23. Updates and Availability

We may update, modify, suspend, or discontinue all or part of the Service at any time.

We may add or remove features, change content, update bird databases, modify subscription offerings, or limit access to certain parts of the Service.

We do not guarantee that the Service will always be available, uninterrupted, secure, error-free, or compatible with every device, operating system, or region.

Some features may require an internet connection, device permissions, compatible hardware, or an active subscription.

24. No Guarantee of Data Storage

The Service may allow you to save observations, collections, photos, notes, or other content.

We try to keep the Service reliable, but we do not guarantee that any User Content will always be stored, backed up, restored, or available.

You are responsible for keeping your own copies of content that is important to you.

25. Termination

You may stop using the Service at any time.

We may suspend, restrict, or terminate your access to the Service if:

• you violate these Terms;

• you misuse the Service;

• your use creates risk for us, other users, third parties, wildlife, or the public;

• we are required to do so by law or platform rules;

• your subscription expires, is cancelled, refunded, reversed, or cannot be verified;

• the Service is discontinued.

Termination does not automatically cancel an active subscription. You must cancel subscriptions through the applicable app store or payment provider.

After termination, sections that by their nature should survive will continue to apply, including intellectual property, subscriptions and payments, disclaimers, limitation of liability, indemnity, dispute resolution, and general legal terms.

26. Disclaimer of Warranties

To the fullest extent permitted by applicable law, the Service is provided on an “as is” and “as available” basis.

We do not guarantee that:

• the Service will meet your expectations;

• bird identification results will be correct;

• sound recognition will be accurate;

• species information will be complete or current;

• the Service will be uninterrupted or error-free;

• defects will be corrected;

• the Service will be free of harmful components;

• saved content will always be available;

• premium features will always remain the same.

You use the Service at your own discretion and risk.

Some jurisdictions do not allow certain warranty exclusions, so some parts of this section may not apply to you.

27. Limitation of Liability

To the fullest extent permitted by applicable law, we and our affiliates, officers, employees, contractors, licensors, service providers, and partners will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of data, loss of profits, loss of goodwill, device issues, subscription issues, or inability to use the Service.

To the fullest extent permitted by applicable law, our total liability for any claim related to the Service or these Terms will not exceed the greater of: the amount you paid to us for the Service during the three months before the claim arose; orUSD $100.

Some jurisdictions do not allow certain limitations of liability, so some parts of this section may not apply to you.

28. Indemnification

You agree to defend, indemnify, and hold harmless, its affiliates, employees, contractors, officers, service providers, and partners from claims, damages, losses, liabilities, costs, and expenses arising from:

• your use or misuse of the Service;

• your violation of these Terms;

• your User Content;

• your violation of another person’s rights;

• your violation of applicable law;

• your unsafe or irresponsible interaction with wildlife, locations, or other users.

We reserve the right to control the defense of any claim that requires indemnification, and you agree to cooperate with us.

29. Copyright and Intellectual Property Complaints

If you believe that content available through the Service infringes your copyright or other intellectual property rights, please contact us at:

Email: edwardscharlotte749@gmail.com

Please include enough information for us to identify the content, understand your claim, and contact you.

We may remove or restrict access to allegedly infringing content and may terminate repeat infringers where appropriate.

30. Apple-Specific Terms

This section applies if you downloaded Bird Identifier from the Apple App Store or use the Service on an Apple device.

These Terms are between you and , not Apple. Apple is not responsible for the Service or its content.

Apple has no obligation to provide maintenance or support for the Service.

To the maximum extent permitted by law, Apple has no warranty obligation with respect to the Service. If the Service fails to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any, according to Apple’s rules.

Apple is not responsible for addressing claims related to the Service, including product liability claims, legal or regulatory claims, consumer protection claims, or intellectual property claims.

You agree to comply with applicable third-party terms when using the Service.

Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce these Terms against you as a third-party beneficiary.

You confirm that you are not located in a country or region subject to a U.S. government embargo or designated as supporting terrorism by the U.S. government, and that you are not listed on any U.S. government list of prohibited or restricted parties.

31. Google Play-Specific Terms

This section applies if you downloaded Bird Identifier from Google Play.

Your use of the Service may be subject to Google Play’s terms and policies.

Google is not responsible for providing support for the Service unless required by applicable Google Play policies.

Subscription management, billing, cancellation, and refund handling may be processed through your Google Play account according to Google Play rules.

32. Dispute Resolution

If you have a concern or dispute, please contact us first at edwardscharlotte749@gmail.com so we can try to resolve it informally.

Most concerns can be resolved without formal legal action.

If we cannot resolve the dispute informally, the dispute will be handled under the laws and courts described in the “Governing Law” section below, unless applicable law requires another process or location.

Nothing in these Terms prevents either party from seeking urgent injunctive or equitable relief where necessary to protect intellectual property, security, privacy, or confidential information.

33. Governing Law

These Terms are governed by the laws of the  United States, without regard to conflict of law rules, unless the laws of your location require otherwise.

You and we agree to the exclusive jurisdiction of the state and federal courts located in US for disputes related to these Terms or the Service, unless applicable law gives you the right to bring claims in another location.

34. International Use

We make no representation that the Service is appropriate or available in every country or region.

You are responsible for complying with local laws when using the Service, including laws related to privacy, wildlife, conservation, photography, recordings, location access, internet use, and digital services.

We may limit the availability of the Service or certain features in specific regions.

35. Electronic Communications

By using the Service, you agree that we may communicate with you electronically, including through email, in-app messages, push notifications, or notices posted in the Service.

Electronic communications satisfy any legal requirement that communications be in writing, to the extent permitted by law.

You may disable certain communications through app settings, device settings, or unsubscribe options where available. Some service-related communications may still be necessary.

36. Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent.

We may assign or transfer these Terms as part of a merger, acquisition, sale of assets, restructuring, or business transfer, or as otherwise permitted by law.

37. Severability

If any part of these Terms is found to be invalid, illegal, or unenforceable, the remaining parts will continue in full force and effect.

The invalid or unenforceable part will be interpreted or modified to the minimum extent necessary to make it valid and enforceable.

38. No Waiver

If we do not enforce a part of these Terms, it does not mean we waive our right to enforce it later.

Any waiver must be in writing to be effective.

39. Entire Agreement

These Terms, together with the Privacy Policy and any additional terms presented in the Service, form the entire agreement between you and us regarding your use of Bird Identifier.

They replace any prior or separate understandings related to the Service.

40. Contact Us

If you have questions, complaints, or claims about these Terms or the Service, please contact us:

Email: edwardscharlotte749@gmail.com