> For the complete documentation index, see [llms.txt](https://hoftware.gitbook.io/birdr/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://hoftware.gitbook.io/birdr/legal/terms-of-service.md). # Terms of Service **Last Updated: June 2, 2026** These Terms of Service ("Terms") govern your use of the birdr mobile application ("App") operated by Hoftware LLC ("Hoftware," "we," "us," or "our"). By downloading, installing, or using the App, you agree to be bound by these Terms and our [Privacy Policy](https://birdr.app/privacy). If you do not agree, do not use the App. *** ### 1. Eligibility You must be at least 13 years of age to use the App. If you are under 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. ### 2. Account Registration You may create an account using Apple or Google sign-in. You are responsible for maintaining the security of your account credentials. You agree to provide accurate information during registration and to promptly update any information that changes. You may only maintain one account. We reserve the right to suspend or terminate accounts that violate these Terms. ### 3. Description of Service birdr allows you to photograph birds, identify species using AI-powered image recognition, and collect digital bird cards in a personal collection. The App also tracks your birding streaks, achievements, and lets you explore bird species in your area. ### 4. Subscriptions and Payments #### 4.1 Free Tier Free users receive a limited number of daily bird identifications. The daily quota resets at midnight local time. #### 4.2 Paid Subscriptions birdr offers the following subscription plans: * **Weekly:** $3.99 per week * **Annual:** $29.99 per year Subscriptions are billed through your Apple App Store or Google Play Store account. All payments are processed by the respective platform and are subject to their terms. Subscription status and purchase history are managed through RevenueCat, a third-party subscription management service. RevenueCat receives your name and purchase data to facilitate subscription management. #### 4.3 Renewal and Cancellation Subscriptions automatically renew unless canceled at least 24 hours before the end of the current billing period. You may manage or cancel your subscription through your device's App Store or Play Store settings. No refunds are provided for partial billing periods. #### 4.4 Price Changes We may change subscription pricing at any time. Price changes will take effect at the start of your next billing period after notice is provided. ### 5. User Content #### 5.1 Your Photos You retain ownership of all photos you submit through the App ("User Content"). By submitting User Content, you grant Hoftware a non-exclusive, worldwide, royalty-free license to store, process, and display your photos within the App for the purpose of providing the service to you. #### 5.2 Photo Processing When you submit a photo for bird identification, the image is sent to a third-party AI service (currently OpenAI) for species recognition. By using the identification feature, you consent to this transmission. We do not use your photos for purposes other than providing the birdr service to you. #### 5.3 Third-Party Services The App uses the following third-party services to operate: * **Supabase** — stores your account data, photos, sightings, and location data * **OpenAI** — receives your photos for bird species identification * **RevenueCat** — receives your name and purchase data to manage subscriptions * **PostHog** — receives anonymized usage analytics to help us improve the App * **Apple / Google** — provides authentication via sign-in Each third-party service is subject to its own terms and privacy policy. We only share the minimum data necessary for each service to perform its function. For full details on how your data is shared, see our [Privacy Policy](https://birdr.app/privacy). #### 5.4 Content Restrictions You agree not to submit content that: * You do not have the right to share * Is illegal, harmful, or objectionable * Contains malware or malicious code * Infringes on any third party's intellectual property rights We reserve the right to remove any User Content that violates these Terms. ### 6. Location Data With your consent, the App collects your device's precise location. Location permission is required for the App to function, and you must opt in during onboarding. Location data is used to: * Record where your bird sightings occurred * Power the Explore feature to show species in your area Location is collected when you take a photo for bird identification and when you use the Explore feature. You may revoke location permissions through your device settings, but the App will not function without it. ### 7. Acceptable Use You agree not to: * Use the App for any unlawful purpose * Attempt to reverse engineer, decompile, or disassemble the App * Interfere with or disrupt the App's infrastructure * Circumvent any usage limits, quotas, or access controls * Create automated or bot accounts * Scrape, harvest, or collect data from the App * Impersonate any person or entity * Use the App in a manner that could damage, disable, or impair the service ### 8. Intellectual Property The App, including its design, features, bird card artwork, text, graphics, and underlying code, is the property of Hoftware LLC and is protected by copyright, trademark, and other intellectual property laws. Bird species data, illustrations, and audio content within the App are either owned by or licensed to Hoftware. Your digital bird card collection is personal to your account and has no monetary value. Cards are non-transferable and may not be sold, traded, or exchanged outside of the App. ### 9. AI-Powered Identification Bird identification is powered by artificial intelligence and is provided for informational and entertainment purposes only. We do not guarantee the accuracy of any species identification. You should not rely on the App for scientific research, conservation decisions, or any purpose requiring verified species identification. ### 10. Availability and Modifications We reserve the right to modify, suspend, or discontinue the App (or any part of it) at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the App. We do not guarantee that the App will be available at all times. Service interruptions may occur due to maintenance, updates, or circumstances beyond our control. ### 11. Account Deletion You may delete your account at any time through the App's Profile settings. Upon deletion, we will permanently remove your account data, photos, sightings, and all associated information from our systems. Account deletion is irreversible. ### 12. 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 IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY BIRD IDENTIFICATION, SPECIES INFORMATION, OR OTHER CONTENT PROVIDED THROUGH THE APP. ### 13. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOFTWARE LLC 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 OR INABILITY TO USE THE APP * ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN * ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP * ANY ERRORS OR INACCURACIES IN BIRD IDENTIFICATION OR SPECIES INFORMATION IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER. ### 14. Indemnification You agree to indemnify, defend, and hold harmless Hoftware LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the App, your violation of these Terms, or your violation of any rights of another. ### 15. Governing Law and Disputes These Terms are governed by the laws of the State of North Carolina, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the App shall be resolved exclusively in the state or federal courts located in North Carolina. ### 16. Changes to These Terms We may update these Terms from time to time. If we make material changes, we will notify you through the App or by other means. Your continued use of the App after changes are posted constitutes your acceptance of the revised Terms. ### 17. Termination We may terminate or suspend your account and access to the App at our sole discretion, without prior notice, for conduct that we determine violates these Terms or is harmful to other users, us, or third parties. Upon termination, your right to use the App will immediately cease. Sections that by their nature should survive termination (including but not limited to Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law) will survive. ### 18. Severability If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect. ### 19. Entire Agreement These Terms constitute the entire agreement between you and Hoftware LLC regarding your use of the App and supersede any prior agreements. ### 20. Contact If you have questions about these Terms, contact us at: **Hoftware LLC** 4030 Wake Forest Road, Raleigh, NC 27609 Email: *** Copyright 2026 Hoftware LLC. All rights reserved.