Terms of Use

Agreement to Terms

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

Description of Service

Bird Identifier is a mobile application that uses artificial intelligence to help identify birds from photographs and bird calls. The App provides:

• Bird identification from images
• Bird call identification from audio recordings (processed on-device)
• Information about bird properties, scientific name, habitat, size, wingspan, diet, behavior, nesting, and characteristics
• Local storage of your scan history and identifications
• AI-powered chat assistance for bird-related questions

User Accounts and Subscriptions

Free Plan

• Users on the free plan receive one (1) free scan per day
• Free scans reset daily at midnight (local time)
• Additional scans require a premium subscription

Premium Subscriptions

• Weekly Plan: Includes a 3-day free trial, then recurring weekly subscription
• Yearly Plan: Annual subscription with significant savings
• Premium subscribers receive unlimited scans
• Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period
• You can manage your subscription and turn off auto-renewal in your Apple ID Account Settings

Payment and Billing

• Payment will be charged to your Apple ID account at confirmation of purchase
• Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period
• Your account will be charged for renewal within 24 hours prior to the end of the current period
• You can manage and cancel your subscriptions by going to your account settings on the App Store after purchase

Acceptable Use

You agree to use the App only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Use the App for any illegal or unauthorized purpose
• Attempt to reverse engineer, decompile, or disassemble the App
• Interfere with or disrupt the App's functionality
• Use automated systems or bots to access the App
• Share your account or subscription with others
• Use the App to violate any laws or regulations

Intellectual Property

The App, including its design, features, and content, is owned by Bird Identifier and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the App without our express written permission.

Accuracy and Limitations

While we strive for accuracy, bird identification results are provided for informational purposes only:

• Identifications are based on AI analysis and may not always be 100% accurate
• The App should not be used as the sole basis for critical decisions, especially regarding ornithological applications
• We recommend consulting with expert ornithologists, bird experts, or wildlife professionals for professional applications and before making decisions based on bird identification
• We are not responsible for any decisions made based on App identifications, including any harm resulting from misidentified birds

Third-Party Services

The App uses third-party services, including:

• OpenAI API: For AI-powered photo bird identification (GPT-5.6 Terra) and follow-up chat (GPT-5.6 Luna)
• Google Perch V2: An on-device machine-learning model for bird call identification (Apache License 2.0)
• RevenueCat: For subscription management and purchase verification
• Apple App Store: For subscription management and payments

Your use of these third-party services is subject to their respective terms and conditions. We are not responsible for the practices of these third-party services.

Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that:

• The App will be uninterrupted or error-free
• All identifications will be accurate
• The App will meet your specific requirements

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIRD IDENTIFIER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OF THE APP.

Refund Policy

Subscriptions are managed through Apple's App Store. Refund requests must be submitted through Apple's refund process. We do not process refunds directly.

For subscription cancellations and refunds, please contact Apple Support or visit Apple's subscription management page.

Termination

We reserve the right to terminate or suspend your access to the App at any time, with or without cause or notice, for any reason, including if you breach these Terms.

Changes to Terms

We may update these Terms from time to time. We will notify you of any changes by updating the "Last Updated" date at the top of this document. Your continued use of the App after such changes constitutes acceptance of the updated Terms.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which the App is operated, without regard to its conflict of law provisions.