Let's Go Bird End User License Agreement

LET'S GO BIRD End User License Agreement Effective Date: June 15, 2026 Version 2.0 This End User License Agreement ("Agreement") is a binding contract between you ("you" or "your") and Let's Go Bird LLC, a Maine limited liability company ("Let's Go Bird," "we," "our," or "us"), governing your use of the Let's Go Bird mobile application, the letsgobird.com website, and related services (collectively, the "App"). By downloading, installing, accessing, or using the App, you agree to be bound by this Agreement. If you do not agree, do not use the App. 1. Acknowledgment Regarding Apple You acknowledge that this Agreement is between you and Let's Go Bird LLC only, and not with Apple Inc. ("Apple"). Apple is not responsible for the App or its content. The terms of this Agreement do not provide any usage rules for the App that conflict with Apple's App Store Terms of Service as of the Effective Date. You and Let's Go Bird acknowledge that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple has the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary. 2. License Grant Subject to your compliance with this Agreement, Let's Go Bird grants you a limited, personal, non-exclusive, non-transferable, revocable license to download, install, and use the App on Apple-branded devices that you own or control, as permitted by the Apple App Store Usage Rules, solely for personal, non-commercial birding and nature observation activities. You may not: • Copy, modify, or create derivative works of the App • Reverse engineer, decompile, or disassemble the App, except where applicable law expressly permits • Rent, lease, lend, sell, redistribute, or sublicense the App • Remove, alter, or obscure any proprietary notices on the App • Use the App in any manner that violates applicable law This license is automatically revoked if you violate any term of this Agreement. 3. User Submissions The App allows you to submit content including photographs, audio recordings, location data, written observations, and other materials (collectively, "User Submissions"). 3.1 Ownership You retain ownership of your User Submissions. We do not claim ownership of any photograph, audio recording, or other content you submit through the App. 3.2 License You Grant to Let's Go Bird By submitting User Submissions, you grant Let's Go Bird a perpetual, worldwide, royalty-free, irrevocable, sublicensable, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display the User Submissions in connection with: • Operating, maintaining, and improving the App • Training, validating, and improving species-identification machine-learning models • Adding new species to active model rosters • Supporting biodiversity research and conservation initiatives • Sharing aggregated, anonymized, or appropriately approved datasets with academic researchers, conservation organizations, and government wildlife agencies • Creating reports, publications, scientific papers, and educational materials This license survives termination of this Agreement and your account. 3.3 Your Representations By submitting User Submissions, you represent and warrant that: • You own the rights to the content, or have all necessary permissions to grant the license in Section 3.2 • The content is genuine and is not AI-generated, manipulated, fabricated, or otherwise misrepresentative • The content does not infringe the rights of any third party • The content complies with applicable wildlife protection laws 4. Acceptable Use You agree not to: • Submit fabricated, AI-generated, or otherwise misrepresentative bird identifications or evidence • Use the App to harass, harm, or stalk wildlife • Disturb, capture, or interfere with protected species • Trespass or violate property rights to capture content • Attempt unauthorized access to the App's systems, data, or other users' accounts • Circumvent species protection mechanisms, sensitive-species location obscuring, or other safety features • Use automated tools to submit content at volumes inconsistent with personal use • Use the App to promote or facilitate illegal activity Violation of these terms may result in account termination and forfeiture of any associated progress, rewards, or contributions. 5. Privacy Your use of the App is also governed by the Let's Go Bird Privacy Policy, available at https://letsgobird.com/privacy. The Privacy Policy describes how we collect, use, share, and protect your information. 6. Intellectual Property All rights, title, and interest in and to the App — including all software, branding, trademarks, content, designs, machine-learning models, and documentation — are owned by Let's Go Bird LLC or its licensors, except for User Submissions as described in Section 3. No rights are granted to you other than as expressly set forth in this Agreement. 7. Maintenance and Support Let's Go Bird is solely responsible for providing any maintenance and support services related to the App. Apple has no obligation whatsoever to furnish any maintenance or support services in connection with the App. For support questions, contact admin@letsgobird.com. 8. Warranty Disclaimer THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. LET'S GO BIRD DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY OR RELIABILITY OF SPECIES IDENTIFICATIONS. Species identification relies on probabilistic machine-learning models and may be incorrect. You should not rely on the App for legally significant identifications, scientific records intended for peer review, or wildlife management decisions without independent verification. In the event of any failure of the App to conform to any applicable warranty that cannot be disclaimed, you may notify Apple, and Apple will refund the purchase price of the App to you (if any). To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are Let's Go Bird's sole responsibility. 9. Wildlife Safety You are solely responsible for your own safety while using the App. You must: • Comply with all applicable wildlife protection laws, regulations, and ethical guidelines • Maintain safe distances from wildlife • Avoid hazardous terrain, conditions, and situations • Respect private property and posted access restrictions Let's Go Bird is not responsible for injuries, losses, or legal consequences arising from your activities while using the App. 10. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LET'S GO BIRD LLC OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LET'S GO BIRD'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED FIFTY U.S. DOLLARS ($50.00). Some jurisdictions do not allow the exclusion or limitation of certain damages, so portions of this section may not apply to you. 11. Indemnification You agree to indemnify, defend, and hold harmless Let's Go Bird LLC, its officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: • Your User Submissions • Your violation of this Agreement • Your violation of any law or third-party rights • Your use or misuse of the App In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Let's Go Bird, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim, to the extent required by this Agreement. 12. Account Termination and Data Let's Go Bird may suspend or terminate your access to the App at any time, with or without cause, including for violations of this Agreement. You may terminate this Agreement at any time by deleting your account or ceasing use of the App. Treatment of your data following termination is described in the Privacy Policy. The licenses you grant in Section 3.2 (User Submissions) survive termination of this Agreement and your account. 13. Export Compliance You represent and warrant that: • You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country • You are not listed on any U.S. Government list of prohibited or restricted parties You agree to comply with all applicable U.S. and international export laws, including the U.S. Export Administration Regulations and the International Traffic in Arms Regulations. 14. Force Majeure Let's Go Bird will not be liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, labor disputes, or failures of internet, hosting, or third-party service providers. 15. Governing Law and Dispute Resolution This Agreement is governed by the laws of the State of Maine, without regard to its conflict-of-laws principles. Any dispute arising out of or related to this Agreement will be resolved by binding arbitration in Augusta, Maine, under the rules of the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction for matters relating to intellectual property or breach of confidentiality. You waive any right to participate in a class action or representative proceeding against Let's Go Bird. If you reside in the European Union, the United Kingdom, or other jurisdictions where mandatory consumer protection laws apply, those laws may grant you additional rights that override the foregoing. 16. Changes to this Agreement Let's Go Bird may update this Agreement from time to time. When we make material changes, we will update the Effective Date and Version above and, where appropriate, provide notice through the App or website. Your continued use of the App after the Effective Date constitutes acceptance of the updated Agreement. 17. Severability and Entire Agreement If any provision of this Agreement is found to be unenforceable, the remaining provisions will remain in full force and effect. This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and Let's Go Bird regarding the App and supersedes all prior agreements. 18. Acceptance BY DOWNLOADING, INSTALLING, OR USING THE LET'S GO BIRD APP, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS. Let's Go Bird LLC Mount Vernon, Maine, USA admin@letsgobird.com www.letsgobird.com