Terms of Use for BirdPulse

BirdPulse provides bird identification by photo and sound, an AI chat assistant, a species reference catalog, and a nature journal for tracking your bird sightings. The App is provided for personal, non-commercial use.

You agree to use BirdPulse only for lawful purposes and in a manner that does not infringe the rights of others or restrict their use of the App.

You must be at least 13 years old (or the equivalent minimum age in your jurisdiction) to use BirdPulse. If you are under the legal age of majority where you live, you must have your parent or legal guardian's permission to use the App.

BirdPulse is free to download and offers optional auto-renewing subscriptions ("BirdPulse Pro") that unlock unlimited photo and sound identifications and unlimited AI chat use.

• Free Trial: A free trial may be offered. If you do not cancel before the trial ends, you will be charged the subscription price.
• Auto-Renewal: Subscriptions automatically renew at the end of each billing period unless you cancel at least 24 hours before the end of the current period.
• Cancellation: You can manage and cancel your subscription anytime through your Apple ID account settings (Settings → [Your Name] → Subscriptions). Cancellation takes effect at the end of the current billing period.
• Payment: All payments are processed by Apple and are subject to the App Store's terms.
• Refunds: Refund requests are handled by Apple. We cannot process refunds directly. To request a refund, visit https://reportaproblem.apple.com.
• Pricing: Subscription prices are displayed in the App before purchase and may vary by region. Prices are subject to change; any changes will not affect your current billing period.

BirdPulse uses artificial intelligence to identify birds from photos and sounds. While we strive for high accuracy, identifications are not guaranteed to be correct. The App is intended for informational and educational purposes only and should not be relied upon for scientific, conservation, regulatory, or safety-critical decisions.

You acknowledge that AI identification is probabilistic and may produce incorrect results. We are not responsible for actions taken based on identifications provided by the App.

Any photos or audio recordings you submit through the App are used solely to provide the identification service. We do not claim ownership of your content. You retain all rights to the content you submit.

You agree not to submit content that is illegal, harmful, infringing, abusive, or otherwise inappropriate.

The App, including its design, code, branding, features, content, and the "BirdPulse" name and logo, is owned by us and protected by intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works based on the App without our written permission.

Bird species information, images, and audio recordings displayed in the App are drawn from public sources (including Wikipedia and Xeno-canto) and are used in accordance with their respective licenses. Credit and attribution is preserved where applicable.

You agree not to:

• Reverse-engineer, decompile, or attempt to extract the source code of the App
• Use the App in any way that violates applicable laws or regulations
• Use the App to harass, harm, or violate the rights of others
• Attempt to gain unauthorized access to the App's servers or systems
• Use automated means (bots, scrapers) to access or interact with the App
• Submit content that infringes on intellectual property rights or privacy of others

We may suspend or terminate your access to the App if you violate these Terms.

The App uses third-party services to provide its features (including OpenAI for photo identification and chat, Google's open-source Perch model for sound identification, RevenueCat for subscription management, and Apple for payment processing). Your use of these features is also subject to the respective third-party providers' terms of service. We are not responsible for the practices of third-party services.

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, ACCURATE, OR THAT IDENTIFICATIONS WILL BE CORRECT.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, OR REVENUE, ARISING OUT OF OR RELATED TO YOUR USE OF THE APP.

OUR TOTAL LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) FIVE U.S. DOLLARS ($5.00).

You agree to indemnify and hold us harmless from any claims, damages, or losses arising from your use of the App, your violation of these Terms, or your violation of the rights of any third party.

We reserve the right to modify, suspend, or discontinue the App (or any part of it) at any time, with or without notice. We may also update these Terms from time to time. The "Last Updated" date above will reflect when changes were made. Continued use of the App after changes constitutes acceptance of the updated Terms.

We may terminate or suspend your access to the App at any time, without notice, for any reason, including violation of these Terms. Upon termination, your right to use the App ceases immediately. Sections that by their nature should survive (such as Intellectual Property, Disclaimers, Limitation of Liability, and Indemnification) will continue to apply.

These Terms are governed by the laws of the jurisdiction in which the App developer resides, without regard to its conflict of law principles. You agree that any disputes will be resolved in the courts of that jurisdiction, except where prohibited by applicable law.

If you have questions about these Terms, please contact us at:

Email: [email protected]