Terms of Use
(Terms of Service)

These Terms of Use ("Terms") are a legal agreement between you and GH SERVICOS DIGITAIS LTDA ("GH Apps", "we", "us", or "our") governing your access to and use of Bird Identifier: Scan by Photo (the "App") and related services (collectively, the "Service").

1) Acceptance of Terms

By downloading, installing, accessing, purchasing, subscribing to, or using the App, you:

• Confirm that you have read and understood these Terms;
• Agree to be bound by these Terms;
• Agree to our Privacy Policy, available through the App and/or our website.

If you use the App on behalf of an organization or other legal entity, you represent that you have authority to bind that entity to these Terms.

2) Service Description

Bird Identifier: Scan by Photo is designed to help users learn about birds and identify birds from photos.

Depending on the version of the App, features may include:

• Bird identification from photos captured with your camera or selected from your photo library;
• Bird profiles including common name, scientific name, descriptions, characteristics, habitat, diet, reproduction, facts, and related information;
• Confidence scores or similar identification information;
• An AI-powered bird assistant or chat feature that may answer bird-related questions;
• A personal bird collection where identified birds may be saved;
• Local storage of saved bird profiles and images;
• iCloud or CloudKit synchronization where implemented, supported, and enabled;
• Optional notifications;
• Additional bird-related functionality introduced over time.

The Service may rely on automated systems, artificial intelligence, image-recognition technologies, and third-party APIs.

3) Eligibility

You must be at least 13 years old, or meet the minimum age required by applicable law in your jurisdiction, to use the App.

If you are under the age of legal majority where you live, you may use the App only with the permission of a parent or legal guardian where required.

4) User Accounts & Security

The App may create or use a technical account, anonymous authentication session, device identifier, or similar mechanism to provide features such as bird identification or AI functionality.

You agree to:

• Use the App only for lawful purposes;
• Maintain reasonable security over your device;
• Prevent unauthorized access to the App through your device;
• Notify us if you reasonably believe your access to the Service has been compromised.

You may contact us at support@ghappsdigital.com .

We may suspend or restrict access where we reasonably believe the Service has been misused or these Terms have been violated.

5) Subscriptions, Purchases & Billing

Some functionality may require a paid subscription or other in-app purchase ("Paid Features").

Paid Features purchased through Apple's App Store are processed through Apple and are subject to Apple's applicable payment, subscription, and billing terms.

Subscriptions

If you purchase an auto-renewable subscription:

• Payment will be charged to your Apple ID account at confirmation of purchase;
• Subscriptions may automatically renew unless auto-renewal is turned off before the end of the current subscription period;
• Renewal charges are processed according to Apple's applicable subscription terms;
• You can manage or cancel subscriptions through your Apple account subscription settings.

Refunds

Purchases made through Apple's App Store are subject to Apple's applicable refund policies.

GH SERVICOS DIGITAIS LTDA does not directly control Apple's refund approval process.

Pricing Changes

Prices for Paid Features may change from time to time. Where required, Apple or the applicable platform may notify you of changes or request additional consent.

6) User-Generated Content

Depending on the features available, the App may allow you to submit:

• Photos and images for bird identification;
• Text messages or questions for AI chat;
• Bird names or labels;
• Notes;
• Other information related to your use of the Service.

Your content remains yours.

However, to operate the Service, you grant us a limited, worldwide, non-exclusive, royalty-free license to:

• Host, store, reproduce, transmit, and process submitted content;
• Technically modify content where necessary for processing, such as resizing or compressing images;
• Use submitted content as reasonably necessary to provide, maintain, secure, troubleshoot, and protect the Service.

Content Rules

You agree not to submit content that:

• You do not have the legal right to use;
• Infringes copyright, privacy, intellectual property, or other rights;
• Is illegal, abusive, hateful, threatening, harassing, sexually explicit, or otherwise unlawful;
• Contains personal information belonging to another person without appropriate authorization;
• Contains malware or malicious code;
• Attempts to circumvent, exploit, interfere with, or disrupt the Service;
• Uses automated methods to scrape or excessively query the Service.

We may restrict access or usage where content or behavior violates these Terms or creates a security or legal risk.

7) Camera, Photo Library & Local Storage

Depending on the functionality you use, the App may request access to:

• Camera: to take a bird photo;
• Photo Library: to select an existing bird photo;
• Photo Library Write Access: where available and enabled, to save captured images;
• Local Device Storage: to store saved bird profiles, settings, and related information.

You can manage camera and photo permissions through your device settings.

Saved Bird Data

The App may store information locally, including:

• Saved bird profiles;
• Identification results;
• Related metadata;
• Bird images you choose to save;
• Favorites or labels;
• Application preferences.

iCloud / CloudKit

If synchronization is implemented and enabled, certain saved records may synchronize through Apple's iCloud or CloudKit services.

Synchronization availability may depend on your Apple ID, device settings, storage availability, and other Apple services.

8) Intellectual Property Rights

The App and Service, including software, code, user interface, design, branding, logos, graphics, text, features, databases, and overall presentation, are owned by or licensed to GH SERVICOS DIGITAIS LTDA.

These materials may be protected by copyright, trademark, and other intellectual property laws.

We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the App for lawful personal purposes, subject to these Terms.

You may not:

• Copy, modify, distribute, sell, or lease the App;
• Reverse engineer, decompile, or attempt to extract source code, except where permitted by applicable law;
• Remove or alter copyright, trademark, or proprietary notices;
• Use the App or its content to create a competing product through unauthorized extraction or copying;
• Commercially exploit the Service without our written permission.

9) AI Outputs; No Professional Advice

Bird Identifier may provide AI-generated identification, descriptions, answers, confidence scores, or related information.

These outputs are provided for general educational and informational purposes only.

You acknowledge that:

• Bird identification results may be inaccurate;
• Confidence scores do not guarantee accuracy;
• AI answers may be incomplete, incorrect, outdated, or inappropriate for your situation;
• The Service is not a substitute for professional scientific, wildlife, veterinary, legal, or safety advice.

Do not rely on the App for emergency or safety-critical decisions. When necessary, consult qualified experts and follow applicable wildlife laws and safety guidance.

10) Third-Party Services & APIs

The Service may rely on third-party services, APIs, software development kits, infrastructure providers, analytics providers, subscription providers, and AI providers.

Depending on the production configuration, these may include services for:

• Authentication;
• Cloud infrastructure;
• Cloud functions;
• Temporary image storage;
• Push notifications;
• Artificial intelligence;
• Image recognition;
• Analytics;
• Crash reporting;
• Subscription and paywall management;
• Apple App Store billing;
• iCloud / CloudKit synchronization.

Examples

Where enabled, providers may include:

• Google Firebase for backend infrastructure, authentication, storage, cloud functions, notifications, or related technical services;
• Apple services for App Store billing, iCloud / CloudKit, and iOS system functionality;
• Superwall or a similar service for paywalls and subscription management;
• Mixpanel or another analytics provider for usage analytics;
• AI model providers accessed through our backend.

Third-party services are controlled by their respective providers. Their availability, functionality, privacy practices, and terms may change independently of us.

We are not responsible for third-party outages or changes outside our reasonable control.

11) Prohibited Uses

You agree not to:

• Use the Service for unlawful purposes;
• Violate applicable laws or regulations;
• Interfere with servers, networks, or technical infrastructure;
• Attempt unauthorized access to the Service;
• Circumvent subscriptions, paywalls, or Paid Features;
• Exploit bugs or vulnerabilities;
• Send excessive automated requests;
• Scrape protected Service content without authorization;
• Upload malicious code;
• Use the Service to facilitate harm to wildlife or violate applicable wildlife protection laws;
• Encourage interference with protected nests, eggs, birds, or habitats.

12) Termination

You may stop using the App at any time and delete it from your device.

We may suspend, restrict, or terminate access to some or all of the Service where:

• We reasonably believe you violated these Terms;
• Your activity creates a security, technical, legal, or regulatory risk;
• You misuse the Service or Paid Features;
• We discontinue the Service or relevant functionality.

13) Disclaimer of Warranties

We do not guarantee that:

• The Service will always be available or uninterrupted;
• The Service will be secure or error-free;
• AI-generated outputs will always be accurate, complete, or reliable;
• Every bird will be correctly identified;
• Every technical defect will be corrected.

14) Limitation of Liability

This includes claims relating to:

• Your use or inability to use the Service;
• Incorrect bird identification;
• AI-generated information or recommendations;
• Unauthorized access to or alteration of your content;
• Third-party services;
• Technical interruptions or loss of data.

Where applicable law does not permit certain limitations of liability, those limitations apply only to the maximum extent permitted by law.

15) Governing Law

These Terms are governed by the laws of the Federative Republic of Brazil, without regard to conflict-of-law principles, except where mandatory consumer protection or other applicable laws require otherwise.

Nothing in these Terms limits rights that cannot legally be waived under applicable law.

16) Changes to These Terms

We may update these Terms periodically.

If material changes are made, we may:

• Update the "Last Updated" date;
• Publish an updated version on our website;
• Provide an in-app notice where appropriate.

Your continued use of the App after updated Terms become effective constitutes acceptance of the revised Terms to the extent permitted by applicable law.

17) Assignment & Transfers

You may not assign your rights or obligations under these Terms without our prior written consent.

We may assign or transfer these Terms in connection with a merger, acquisition, corporate reorganization, sale of assets, or similar business transaction, subject to applicable law.

18) Severability

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, the remaining provisions will continue in effect to the maximum extent permitted by law.

19) Entire Agreement

These Terms, together with our Privacy Policy and any applicable Apple App Store terms, constitute the agreement between you and GH SERVICOS DIGITAIS LTDA regarding your use of Bird Identifier: Scan by Photo.

20) Contact Information

If you have questions about these Terms, please contact: