These Terms of Service (“Terms”) govern your access to and use of the BirdSpot mobile applications, website at https://www.birdwatchers.app, and any related services, features, content, subscriptions, tools, and functionality (collectively, the “Services”).
The Services are operated by EthernalNeuron Lda (“we”, “us”, “our”).
By accessing, downloading, creating an account, subscribing to, or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
BirdSpot is a birdwatching and bird identification application that may allow users to upload bird photos, identify birds using AI-assisted tools, save sightings, create posts, interact with community features, explore maps, access birdwatching information, publish events, classifieds, property listings, and use related nature observation tools.
BirdSpot is intended for informational, educational, community, and recreational purposes only. It is not a scientific, veterinary, legal, environmental compliance, emergency, or professional advisory service.
BirdSpot may allow you to create an account or sign in using third-party services, including Facebook, Google, Apple, or other authentication providers.
When you use a third-party login provider, your use of that provider is also governed by its own terms, privacy policy, and platform rules. We are not responsible for the operation, availability, security, or data practices of third-party login services.
If you use Facebook Login or another Meta service, your use may also be subject to Meta’s applicable terms, policies, and developer platform rules.
BirdSpot may allow you to create, upload, store, publish, or share content such as bird sightings, photos, videos, comments, posts, events, classifieds, property listings, profile information, messages, notes, reviews, and other materials (“User Content”).
We may remove, restrict, or moderate User Content if we reasonably believe it violates these Terms, applicable law, platform policies, or the safety and integrity of the Services.
You agree not to:
BirdSpot may provide AI-assisted bird identification, image analysis, species suggestions, maps, recommendations, and educational information.
AI-assisted identification results are estimates only. They may be inaccurate, incomplete, outdated, or incorrect. Results may be affected by image quality, lighting, angle, distance, location, season, user input, species similarity, or technical limitations.
You should not rely solely on BirdSpot for decisions involving personal safety, wildlife handling, protected species reporting, conservation compliance, scientific classification, veterinary matters, legal obligations, or environmental decisions.
We do not guarantee the accuracy, completeness, reliability, or suitability of any bird identification, species information, sighting, map, or recommendation provided through the Services.
BirdSpot may include features that use location data, such as saving bird sightings, displaying maps, improving identification accuracy, suggesting nearby species, or supporting community features.
You are responsible for deciding whether to share location information. You should avoid sharing sensitive locations, private property locations, nesting sites, endangered species locations, or any information that could put wildlife, habitats, yourself, or others at risk.
You are responsible for your own safety and conduct when using BirdSpot outdoors. Always follow local laws, respect private property, observe wildlife from a safe and ethical distance, and avoid disturbing birds, nests, habitats, protected areas, or other people.
BirdSpot is not responsible for accidents, injuries, property damage, trespassing, wildlife disturbance, environmental harm, or other consequences resulting from your outdoor activities.
BirdSpot may allow users to post events, property listings, booking requests, classifieds, services, or other community listings.
BirdSpot does not verify all listings and does not act as a broker, estate agent, travel provider, payment intermediary, organiser, or representative of users unless explicitly stated in the app.
Any transactions, communications, bookings, agreements, payments, or disputes between users are solely between those users. You agree to use caution and good judgment when interacting with others or relying on listings.
BirdSpot may offer free features, paid features, subscriptions, premium plans, trials, or in-app purchases.
If you purchase a subscription or digital product through Google Play, Apple App Store, or another third-party app store, your purchase, billing, renewal, cancellation, and refund rights are governed by that store’s own terms and policies.
Subscriptions may renew automatically unless cancelled before the end of the current billing period. You are responsible for managing and cancelling your subscription through the platform where you made the purchase.
Deleting your BirdSpot account does not automatically cancel an active subscription purchased through Google Play, Apple App Store, or another third-party platform. You must cancel your subscription through the platform where the purchase was made.
We do not control third-party app store billing systems and may not be able to issue refunds directly for purchases made through those platforms.
BirdSpot may offer free trials, discounts, promotional access, or limited-time offers. We may change, withdraw, or limit these offers at any time, unless prohibited by law.
At the end of a free trial, your subscription may automatically convert into a paid subscription unless you cancel before the trial ends, depending on the terms shown at the time of purchase.
You may request deletion of your BirdSpot account and associated personal data by using the account deletion option in the app, where available, or by contacting us at: support@birdwatchers.app.
When you request account deletion, we will delete or anonymise personal data associated with your account, unless we are required or permitted to retain certain information for legal, security, fraud prevention, accounting, dispute resolution, service integrity, or legitimate business reasons.
Deleting your account may permanently remove your saved sightings, uploaded photos, posts, comments, preferences, profile information, listings, and other account-related content.
Some public or shared content may remain visible if it has already been shared with others, copied, cached, backed up, anonymised, or retained in a way that no longer identifies you, unless deletion is required by law.
Your use of BirdSpot is also governed by our Privacy Policy, which explains how we collect, use, store, share, and protect personal data.
You can view our Privacy Policy at: https://www.birdwatchers.app/privacy-policy
BirdSpot may display advertisements or use analytics tools to understand how users interact with the Services, improve performance, fix errors, measure engagement, prevent abuse, and support development.
Advertising and analytics services may be provided by third parties such as Google AdMob, Google Analytics, or similar providers. Their use may be subject to their own terms and privacy policies.
More information about advertising, analytics, tracking technologies, and your choices is provided in our Privacy Policy.
The Services may integrate with or link to third-party services, including Google, Facebook, Apple, mapping services, hosting providers, cloud storage providers, analytics providers, payment processors, AI services, advertising networks, app stores, and external websites.
Your use of third-party services is subject to their own terms and policies. We are not responsible for third-party services, websites, content, accuracy, availability, security, billing, or data practices.
The Services, including the BirdSpot name, branding, logo, design, software, interface, databases, text, graphics, features, and other materials, are owned by EthernalNeuron Lda or its licensors and are protected by intellectual property laws.
You may not copy, modify, distribute, sell, rent, reverse engineer, or create derivative works from the Services or our materials unless allowed by law or with our written permission.
We aim to provide a reliable Service, but we do not guarantee that BirdSpot will always be available, uninterrupted, secure, error-free, or compatible with every device, operating system, browser, or network.
We may modify, suspend, limit, or discontinue any part of the Services at any time, with or without notice, where permitted by law.
You may stop using the Services at any time. We may suspend or terminate your access to the Services if we reasonably believe that you have violated these Terms, created risk for other users, harmed the Services, violated the law, breached platform policies, or used the Services abusively.
After termination, some provisions of these Terms will continue to apply, including sections relating to User Content, intellectual property, disclaimers, limitation of liability, indemnification, governing law, and dispute resolution.
The Services are provided “as is” and “as available”. To the fullest extent permitted by law, we disclaim all warranties, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, accuracy, availability, reliability, security, and non-infringement.
We do not guarantee that the Services will meet your expectations, that bird identifications will be correct, that user-submitted content will be accurate, or that any information provided through the Services will be complete, reliable, or up to date.
To the fullest extent permitted by law, EthernalNeuron Lda shall not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, data, goodwill, content, business opportunity, personal injury, property damage, wildlife-related incidents, or outdoor activity risks arising from or related to your use of the Services.
Our total liability for any claim related to the Services will be limited to the amount you paid to use BirdSpot in the twelve months before the claim arose, or, if you paid nothing, to the minimum amount permitted by applicable law.
To the extent permitted by law, you agree to defend, indemnify, and hold harmless EthernalNeuron Lda from any claims, damages, losses, liabilities, costs, and expenses arising from your use of the Services, your User Content, your violation of these Terms, or your violation of any law or third-party rights.
We may update these Terms from time to time. If changes are material, we will take reasonable steps to notify users, such as by posting an update in the app, on the website, or by email where appropriate.
The updated Terms will become effective when posted, unless a later date is stated. Your continued use of the Services after changes become effective means that you accept the updated Terms.
These Terms are governed by and construed in accordance with the laws of Portugal, without regard to conflict of law principles.
If you are a consumer residing in the European Union, United Kingdom, or another region with mandatory consumer protection rights, nothing in these Terms limits those rights.
If you have a concern or dispute about BirdSpot, please contact us first so we can try to resolve it informally.
You can contact us at: support@birdwatchers.app.
If you have questions about these Terms, the Services, your account, or your rights, contact us at:
EthernalNeuron Lda
Email:
support@birdwatchers.app
Website:
https://www.birdwatchers.app
These Terms, together with our Privacy Policy and any additional terms shown inside the Services, form the entire agreement between you and EthernalNeuron Lda regarding your use of BirdSpot.
If any part of these Terms is found to be invalid or unenforceable, the remaining parts will continue to apply.