Terms of Use

App: BirdNote
Effective date: June 7, 2026
Last updated: June 7, 2026

These Terms of Use ("Terms") govern your use of the birdnote mobile application ("BirdNote", the "App"), published and operated by Tawhid Joarder, a Bangladeshi developer ("we", "us", or "our"). By downloading or using the App, you agree to these Terms. If you do not agree, do not use the App.

1. The Service

BirdNote helps you identify birds from their sounds or photos and shows reference information about species. Identification is performed by our server using machine learning models, and reference content is drawn from third-party open data sources.

2. License

We grant you a personal, non-exclusive, non-transferable, revocable license to use the App on devices you own or control, for your personal, non-commercial use, in accordance with these Terms and the applicable app store terms.

3. Identification Is Best-Effort — No Reliance for Critical Decisions

Bird identifications and species facts provided by birdnote are estimates and may be incomplete or incorrect. Results are probabilistic and depend on recording or photo quality, background noise, environmental conditions, and model limitations. Species facts and figures are best-effort and may be aggregated from crowd-sourced or third-party data.

Do not rely on birdnote for any decision where accuracy matters, including but not limited to legal or regulatory compliance, protected or endangered species identification, hunting-regulated species identification, safety, scientific research, conservation, commercial, or financial decisions.

Always verify important information with a qualified expert or authoritative source.

4. Your Content

"Your Content" means the audio recordings and photos you capture or select and submit for identification.

You retain any rights you have in Your Content. You grant us a limited license to process, transmit, and analyze Your Content solely to provide identification results to you.

You represent that you have the necessary rights to submit Your Content and that doing so does not violate any law or third-party right.

5. Acceptable Use

You agree not to:

• Use the App for any unlawful purpose or in violation of these Terms.

• Disturb, harass, bait, or harm birds or other wildlife in order to obtain recordings or photos.

• Trespass or violate local wildlife, property, or conservation laws while using the App.

• Reverse engineer, decompile, or attempt to extract source code from the App, except to the extent permitted by law.

• Interfere with, overload, scrape, or abuse the App or its supporting services and APIs.

• Circumvent rate limits, access controls, or security measures.

• Use the App to build a competing dataset, model, product, or service.

Please observe responsible birding practices and respect local wildlife laws.

6. Third-Party Content and Open Licenses

Species descriptions, images, range maps, photos, sound links, and related reference information may be provided by third parties, including sources such as Wikipedia, Wikidata, iNaturalist, and xeno-canto.

Such content is made available under the respective licenses chosen by those third-party sources, which may include Creative Commons licenses such as CC0, CC BY, and CC BY-SA. The App displays required attributions and license information where applicable.

Your use of third-party content is subject to the applicable license terms. Some media, including certain recordings from xeno-canto, may be licensed for non-commercial use only.

7. Intellectual Property

The App itself, including its software, design, interface, features, and branding, excluding third-party content described above, is owned by Tawhid Joarder and is protected by intellectual property laws.

These Terms do not grant you any rights in our trademarks, branding, or other intellectual property except for the limited right to use the App as described in these Terms.

8. Availability and Changes

We may modify, suspend, or discontinue the App or any feature at any time, with or without notice. This includes identification services, reference services, third-party integrations, and other App functionality.

We are not liable for any unavailability, suspension, discontinuation, or change to the App or its features.

9. Disclaimers

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT IDENTIFICATIONS, SPECIES INFORMATION, REFERENCE CONTENT, OR OTHER RESULTS ARE ACCURATE, COMPLETE, CURRENT, OR RELIABLE.

WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR AVAILABLE AT ALL TIMES.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL TAWHID JOARDER OR OUR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE APP.

OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE APP WILL NOT EXCEED THE GREATER OF:

• THE AMOUNT YOU PAID FOR THE APP, IF ANY; OR

• USD $10.

Some jurisdictions do not allow certain disclaimers or limitations of liability, so some of the above may not apply to you.

11. Indemnification

You agree to indemnify and hold harmless Tawhid Joarder from and against any claims, damages, liabilities, losses, costs, or expenses arising out of or related to:

• Your misuse of the App.

• Your violation of these Terms.

• Your violation of applicable law.

• Your violation of any third-party rights.

12. Apple App Store — Additional Terms for iOS

If you download or use the App through the Apple App Store, the following additional terms apply:

These Terms are between you and Tawhid Joarder only, not with Apple. Apple is not responsible for the App or its content.

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

In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund any purchase price, if applicable. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.

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

You represent that:

• You are not located in a country subject to a U.S. Government embargo.

• You are not on any U.S. Government prohibited-parties list.

• You will comply with the Apple App Store Terms of Service.

13. Governing Law

These Terms are governed by the laws of Bangladesh, without regard to its conflict-of-laws rules, except where applicable consumer-protection law requires otherwise.

14. Changes to These Terms

We may update these Terms from time to time. We will revise the "Last updated" date above and, where appropriate, provide notice in the App.

Continued use of birdnote after changes take effect constitutes acceptance of the updated Terms.

15. Contact

Questions about these Terms? Contact us at:

• Email: tawhidj.dev@gmail.com

• Publisher / Operator: Tawhid Joarder