Terms of Service

Last Updated: 15th July of 2025

1. ACCEPTANCE OF TERMS

By downloading, installing, or using the BirdScout mobile application ("App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

2. DESCRIPTION OF SERVICE

BirdScout enie is a mobile application that uses artificial intelligence and image recognition technology to analyze photos of birds and provide bird identification services. The App is designed to assist bird enthusiasts in taking managing their bird spotting.

3. USER RESPONSIBILITIES

You agree to:

• Provide accurate information when using the App

• Use the App only for lawful purposes

• Not attempt to reverse engineer, modify, or tamper with the App

• Not upload images that violate intellectual property rights or contain inappropriate content

4. BIRD IDENTIFICATION DISCLAIMER

IMPORTANT: The bird identification provided by BirdScout are generated by artificial intelligence and are for informational purposes only. They should not be considered professional advice.

• Results may not be 100% accurate

• BirdScout is not liable for bird misidentification, damage, loss, or death resulting from following App suggestions

5. IMAGE UPLOADS AND CONSENT TO THIRD-PARTY PROCESSING

BY UPLOADING IMAGES TO THE APP, YOU EXPLICITLY CONSENT TO THE FOLLOWING:

• Cloud Storage: Images are stored securely in cloud storage to enable app functionality

• Third-Party Processing: Images are transmitted to and processed by third-party AI service providers (including OpenAI) for bird analysis and identification

• Consent to Analysis: You grant us explicit permission to analyze and process your uploaded images using third-party AI services

• Image Deletion: When you delete a bird from the App, all associated images are permanently deleted from our cloud storage

• Ownership: You retain ownership of your uploaded images

• Limited License: You grant us a limited license to process and analyze your images for the sole purpose of identifying the bird

• Third-Party Data Usage: While we do not use your data to improve our App, third-party AI service providers (such as OpenAI) may use submitted images to improve their AI models in accordance with their own terms of service and privacy policies

IMPORTANT: If you do not consent to your images being processed by third-party AI services, do not upload images to the App, as this processing is essential for the App's functionality.

6. INTELLECTUAL PROPERTY

• You may not copy, distribute, or create derivative works from the App

• User-generated content (uploaded images) remains your property

7. LIMITATION OF LIABILITY

To the maximum extent permitted by law:

• BirdScout is provided "as is" without warranties of any kind

• We are not liable for any direct, indirect, incidental, or consequential damages

• Our liability is limited to the amount paid for the App (if any)

8. USER ACCOUNTS

If the App requires account creation:

• You are responsible for maintaining account security

• You must provide accurate registration information

• You may not share your account credentials

• We may suspend or terminate accounts for Terms violations

9. PROHIBITED USES

You may not use the App to:

• Attempt to identify birds for harmful or illegal purposes

• Overload or interfere with App functionality

• Violate any applicable laws or regulations

• Impersonate others or provide false information

10. DATA COLLECTION AND USE

We collect and use data as described in our Privacy Policy, including:

• Usage analytics and app performance data

• Uploaded images stored in cloud for app functionality (permanently deleted when birds are removed)

• Device information for app functionality

• User preferences and settings

• Third-Party Processing: Your images are transmitted to and processed by third-party AI services (including OpenAI) with your explicit consent upon upload

11. SUBSCRIPTION AND PAYMENTS

• Subscription fees are charged in advance

• Subscriptions auto-renew unless cancelled

• Refunds are subject to App Store policies

12. UPDATES AND MODIFICATIONS

• Update the App to improve functionality or add features

• Modify these Terms with notice to users

• Discontinue the App or certain features with reasonable notice

• Update AI models to improve accuracy

13. TERMINATION

We may terminate your access to the App:

• For violation of these Terms

• For illegal or harmful use of the App

• If the App is discontinued

• At our discretion with reasonable notice

Upon termination, all your uploaded images will be permanently deleted from our cloud storage.

14. THIRD-PARTY SERVICES

The App integrates with third-party AI services (including OpenAI):

• Consent Required: By using the App, you consent to your images being processed by these third-party services

• We are not responsible for third-party service performance or data handling practices

• Third-party terms and privacy policies apply to their processing of your data

• Integration may be subject to change or discontinuation

• Third-party services may use your submitted images in accordance with their own policies

18. CONTACT INFORMATION

For questions about these Terms or the App, contact us at:

• Email: gonzalofuentessansalvador@gmail.com

19. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, constitute the entire agreement between you and BirdScout regarding the App. 

By using BirdScout and uploading images, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, including explicit consent to third-party image processing.