Terms of Use for Picture Bird Identification+AI

Effective Date: October 9, 2024

Last Updated: October 9, 2024

Introduction

Welcome to Picture Bird Identification+AI, developed and operated by UPQODE LLC. By downloading or using the Picture Bird Identification+AI app, you agree to be bound by these Terms of Use. If you do not agree, please do not use the App.

1. License Grant

UPQODE LLC grants you a personal, limited, non-transferable, non-exclusive license to download, install, and use Picture Bird Identification+AI solely for personal, non-commercial purposes in accordance with these Terms.

You may not:

Copy, modify, or distribute any part of the App or its content
Reverse-engineer, decompile, or extract the App’s source code
Use the App in a way that violates any laws or third-party rights
Attempt to gain unauthorized access to our servers or systems
Use the App for any commercial purposes without written permission

All rights not expressly granted herein are reserved by UPQODE LLC.

2. Age Requirement

You must be at least 4 years old to use Picture Bird Identification+AI.

If you are under 4, you must have the consent of a parent or legal guardian. Parents and guardians are responsible for monitoring their children’s use of the App.

3. Subscriptions and Payments

Picture Bird Identification+AI may offer auto-renewable subscriptions that provide access to premium features.

By purchasing a subscription:

You agree that payments will be charged to your Apple ID account at confirmation of purchase
Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period
You can manage or cancel your subscription anytime in your device account settings
Details about subscription prices, durations, and content access are provided within the app and on the App Store listing
No refunds will be provided for unused portions of subscription periods

All transactions are processed by Apple Inc. and are subject to Apple’s terms and conditions.

4. Data Usage and Privacy

Your privacy is important to us.

Please refer to our Privacy Policy for details on how we collect, use, and protect your data.

By using the App, you consent to the collection and use of information as described in our Privacy Policy.

5. User Responsibilities

You agree to use Picture Bird Identification+AI only for lawful purposes and in a manner that does not infringe the rights of others.

You are responsible for:

Ensuring that your device meets the App’s technical requirements
Maintaining the confidentiality of your device access
Using the App in compliance with all applicable laws and regulations
Not interfering with or disrupting the App’s functionality
Reporting any bugs or security issues to us

6. Intellectual Property

All trademarks, logos, designs, and content within Picture Bird Identification+AI are the intellectual property of UPQODE LLC or its licensors.

You are not granted any rights or licenses to use these assets outside of the App’s intended functionality.

The Picture Bird Identification+AI name, logo, and all related marks are trademarks of UPQODE LLC.

7. AI Image Recognition Disclaimer

IMPORTANT SAFETY NOTICE:

Picture Bird Identification+AI uses artificial intelligence to identify bird from photos. While we strive for accuracy, the identification results may not always be correct.

DO NOT consume or handle bird based solely on the app’s suggestions.

Always verify with reliable sources or local experts before taking any action. Bird identification can be dangerous and potentially life-threatening if incorrect.

UPQODE LLC assumes no liability for decisions or actions taken based on app results.

8. Limitation of Liability

The App is provided “as is” and “as available,” without any warranties of any kind, either express or implied.

UPQODE LLC shall not be held liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use the App, including but not limited to:

Loss of data or information
Loss of profits or business opportunities
Personal injury or property damage
Any other damages arising from the use of the App

9. Termination

We reserve the right to suspend or terminate your access to the App at any time for violation of these Terms or for other reasons deemed necessary by us.

Upon termination, you must delete the App from your device and cease all use of the App.

You may also terminate your use of the App at any time by deleting it from your device.

10. Changes to These Terms

We may update or modify these Terms of Use at any time.

When we do, we will update the “Last updated” date above. Your continued use of the App after any changes constitutes acceptance of the new Terms.

We will notify you of material changes through the App or by email if you have provided your contact information.

11. Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the jurisdiction where UPQODE LLC is incorporated, without regard to conflict of law principles.

Any disputes arising from these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

12. Apple EULA Compliance

This EULA is in addition to, and does not replace, the Apple Media Services Terms and Conditions.

If any conflict arises between these Terms and Apple’s EULA, Apple’s terms shall prevail.

This App is licensed, not sold, to you. Your license to use the App is limited to the terms set forth in these Terms of Use.

13. Contact Information

If you have any questions or concerns regarding these Terms of Use, please contact us at:

Company: UPQODE LLC
Email: hi@qodetap.com

We will respond to your inquiry within 30 days.