Terms of Service

1. About Us

DiBird is a birdwatching logging and community application developed and operated by an individual developer ("Developer," "we," or "us") registered in Poland. For legal or support inquiries, please contact us at admin@dibird.com.

2. Eligibility

You must be at least 13 years of age to use the Service. If you are under 13, please do not register or submit any personal information. If you are between 13 and 17 years of age, please use the Service with parental or guardian consent.

By using the Service you represent that you meet these age requirements and that any information you provide is accurate and complete.

3. Your Account

• You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
• You must notify us immediately at admin@dibird.com if you suspect any unauthorised access to your account.
• You may not transfer, sell, or share your account with another person.
• We reserve the right to suspend or terminate accounts that violate these Terms.

4. Permitted Use

You may use the Service for personal, non-commercial birdwatching purposes. You agree to use the Service in a lawful manner and in accordance with these Terms. Specifically, you may:

• Log personal bird observations (sightings, notes).
• View maps and community observation data available within the Service.
• Share observations with the community where such functionality is provided.

4.1 Separate Rules for Website

The dibird.com website uses a cookies policy and consent banner. By visiting the site, you agree to the use of cookies for analytics and improving user experience. Details are in the Privacy Policy.

4.2 Location-Based Push Alerts

The Service includes an optional feature that sends push notifications about rare bird observations near a location you choose. To use this feature:

• You grant the app permission to access your device location (foreground only).
• Your approximate coordinates are stored on our servers and used exclusively to dispatch relevant alerts.
• You may disable alerts or clear your saved location at any time in Alert Settings.
• Push notification tokens issued by Apple or Google are stored on our servers solely to deliver these alerts.

5. Prohibited Conduct

You must not:

• Upload false, misleading, or fabricated observation data.
• Use the Service to harass, threaten, or harm other users.
• Upload content that is illegal, defamatory, obscene, or that infringes third-party intellectual property rights.
• Attempt to reverse-engineer, decompile, or otherwise derive the source code of the Service.
• Use automated tools (bots, scrapers, crawlers) to extract data from the Service without our prior written consent.
• Circumvent, disable, or interfere with security-related features of the Service.
• Use the Service for any commercial purpose without our prior written consent.

6. User-Generated Content (UGC)

The Service allows you to submit content, including bird observation records and notes (User Content).

• Ownership: You retain ownership of the User Content you submit. By submitting User Content, you grant us a worldwide, royalty-free, non-exclusive licence to store, display, and process your content solely to provide and improve the Service. We do not claim ownership of your observations.
• Scientific and community data: Observation data you contribute may, in aggregate and anonymised form, be used to support ornithological research or be shared with scientific databases, provided such sharing is done in a manner that does not identify you personally without your separate consent.
• Content standards: You warrant that your User Content does not violate any applicable law and does not infringe the rights of any third party. You are solely responsible for all User Content you submit.
• Removal: We reserve the right to remove User Content that violates these Terms or applicable law.

7. Intellectual Property

All materials in the Service that are not User Content — including but not limited to the app design, code, logos, icons, text, and compiled species databases — are the property of the Developer or its licensors and are protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works from these materials without our prior written consent.

8. Availability and Modifications

We strive to keep the Service available but cannot guarantee uninterrupted access. We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We will make reasonable efforts to notify users of material changes in advance.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF SPECIES IDENTIFICATION, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED.

Observation data and species information in the Service are provided for informational purposes only. We make no guarantees as to the accuracy or completeness of any such data.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DEVELOPER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM (OR EUR 50 IF NO PAYMENT HAS BEEN MADE).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for consequential or incidental damages. In such cases, our liability is limited to the greatest extent permitted by law.

11. Indemnification

You agree to indemnify and hold harmless the Developer and its affiliates from any claims, liabilities, damages, and expenses (including reasonable legal fees) arising out of your use of the Service, your User Content, or your violation of these Terms.

12. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of Poland, without regard to its conflict-of-law provisions.

Any dispute arising from or relating to these Terms or the Service shall be submitted to the exclusive jurisdiction of the competent courts of Poland. Notwithstanding the foregoing, if you are a consumer resident in the European Union, you retain the right to bring proceedings in the courts of your country of residence.

EU consumers may also use the European Commission's Online Dispute Resolution (ODR) platform: ec.europa.eu/consumers/odr.

Cookie policy: dibird.com/cookie-policy/.

13. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by updating the effective date and, where appropriate, by sending a notice within the app or by email. Your continued use of the Service after any changes constitutes your acceptance of the revised Terms.

14. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access to the Service at our sole discretion if you breach these Terms, with or without prior notice. Sections 6 (UGC — ownership clause), 7, 9, 10, 11, and 12 shall survive any termination.

15. Contact

For questions about these Terms of Service, please contact us at: admin@dibird.com