Terms of Service

Last Updated May 4, 2021

PLEASE READ THESE TERMS CAREFULLY BEFORE YOU START TO USE THE SITE. BY USING THE SITE OR BY CLICKING TO ACCEPT OR AGREE TO THESE TERMS, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND OUR PRIVACY POLICY, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ANY OR ALL OF THESE TERMS OR THE PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THE WEBSITE.

Acceptance of these Terms

Welcome to Spark Bird, the website, https://sparkbird.app (the “Website”), and the mobile application (the “App”, together with the Website, and related services, collectively, the “Site”). The Site is a product of Sentryware LLC, a Minnesota limited liability company (collectively, “Company,” “we,” “us,” and the like). This Terms of Use (these “Terms”) explains and governs your access and use of the Site. By accessing, downloading, or using the Site, you signify that you have read, understood, and agreed to be bound by these Terms and to the collection and use of your information as set forth in the Privacy Policy (the “Privacy Policy”) at https://sparkbird.app/privacy, whether or not you are a registered user or a guest of the Site. These Terms apply to all visitors, users, and others who have access to the Site (“Users,” “you,” and the like).

Changed to these Terms

Company may provide notifications to you, whether such notifications are required by law or are for marketing or other business-related purposes. We reserve the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in these Terms. We are not responsible for any automatic filtering that you or your network provider may apply to email notifications we send to you. We may, in our sole discretion, modify or update these Terms or our Privacy Policy from time to time, so you should review this page periodically. When we change these Terms or our Privacy Policy in a material manner, we will update the “Last Modified” date at the top of this page. Your continued use of the Site after any such change constitutes your acceptance of the changes to these Terms. If you do not agree to these Terms, in whole or in part, or any future Terms, please do not continue to use the Site.

Accessing the Site

To access the Site or some of the resources we offer, you may be asked to log in via a social media platform or to provide certain registration details or other information. You hereby represent and warrant that all the information you provide on the Site is correct, current and complete. All information you provide to us, with the Site or otherwise, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information is consistent with our Privacy Policy.

We reserve the right to withdraw or amend the Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period. We may restrict Users’ access to some parts of the Site, or the entire Site, from time to time. You are responsible for making all arrangements necessary for you to have access to the Site and ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any access, user name, password or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

Use of the Site

Required eligibility for use of the Site

You may use the Site only if you can form a binding contract with Company, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. If you are not at least fourteen (14) years old, you may not use the Site. If you are fourteen (14) or older but under the age of majority in the country where you live, then you should obtain the consent of your parent or guardian prior to use of the Site. If you are a parent or guardian who has consented to your child’s use of the Site then, to the fullest extent permitted by applicable law, you agree to and accept full responsibility for that child's use of the Site.

Safety

The Site is designed to use machine learning software to identify, classify, and track birds using a camera (via a smartphone or otherwise). Therefore, use of the Site may involve special risks associated with other persons knowing your location and/or you uploading or sharing information on our Site. You should only share such information with those whom you trust. You should not endanger yourself or others by viewing a portable mobile device while driving, operating dangerous mechanical devices, or in other situations when you should observe your surroundings.

Prohibited Uses of the Site

You may only use the Site for lawful purposes and in accordance with these Terms. Further, you agree not to engage in any of the following prohibited uses (the “Prohibited Uses”):

  • (i) using the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use or enjoyment of the Site;
  • (ii) for the purpose of exploiting, stalking, harming or attempting to exploit or harm any person, or to display inappropriate content or ask for personally identifiable information or otherwise;
  • (iii) sending, knowingly receiving, uploading, downloading, using or re-using any material which does not comply with the Content Standards as expressed in these Terms;
  • (iv) for transmitting, or procuring the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar commercial solicitation;
  • (v) for impersonating or attempting to impersonate Company, a Company employee, another User or any other person or entity or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
  • (vi) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” click farms, etc., to access the Site in a manner that sends more request messages, clicks or other actions to Company servers than a single human can reasonably produce in the same period of time by using a conventional on-line web browser or otherwise attempting to access any content on the Site through technology or means other than those provided or authorized by the Site;
  • (vii) copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated “scraping”;
  • (viii) introducing any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful to the Site or its Users;
  • (ix) attempting to interfere with, compromise the Site’s integrity or security or decipher any transmissions to or from the servers running the Site;
  • (x) taking any action that imposes or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
  • (xi) collecting or harvesting any personally identifiable information from the Site;
  • (xii) using the Site in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
  • (xiii) bypassing the measures we may use to prevent or restrict access to the Site;
  • (xiv) engaging in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Company or users of the Site or expose them to liability;
  • (xv) selling or otherwise transferring your access to the Site;
  • (xvi) using the Site as part of any effort to compete with Company or to provide services as part of another company or entity; or
  • (xvii) otherwise use the Site in any way, as determined by us, that is deemed inappropriate or not for an appropriate use of the Site.

License to the Site

Subject to these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license, without right to sublicense, to and for the use of the Site for your personal, noncommercial use only and as permitted by the features of the Site. Company reserves all rights not expressly granted herein and in and to the Site. Company may suspend, revoke or terminate your license at any time for any reason or no reason.

User Content

Some areas of the Site allow Users to post content such as personal information, pictures and/or videos of birds, trails, feeders, etc., comments, questions, or other content or information (“User Content”) on the Site. All Users must comply and hereby agree to comply with the Content Standards (as defined herein). Any User Content you post to the Site will be considered non-confidential and non-proprietary. By providing any User Content on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose and any Intellectual Property rights related therein. Additionally, you hereby grant us the right to use any User Content to improve, adapt, evolve, commercialize, etc. our Site. You represent and warrant that you own or control all rights in and to your User Content and have the right to grant to us and our affiliates and service providers, and each of their and our respective licensees, successors and assign, as granted in the preceding sentence. You understand and acknowledge that you are responsible for any User Content you submit or contribute and that you, and not Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Content posted by you or any other User. Company has the right, but not the obligation, in its sole discretion to remove any User Content that is shared via the Site.

All User Content must comply with all applicable federal, state, local and international laws and regulations a, and comply with the following content standards by not (the “Content Standards”):

  • (i) creating a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person or User, or to any animal;
  • (ii) creating a risk of any other loss or damage to any person or property;
  • (iii) seeking to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  • (iv) constituting or contributing to a crime or tort;
  • (v) containing any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
  • (vi) containing any information or content that is illegal;
  • (vii) containing any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  • (viii) containing any information or content that you know is false;
  • (ix) violating any school or other applicable policy, including those related to cheating or ethics;
  • (x) interfering with other Users of the Site including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Site and deleting or revising any content posted by another person or entity;
  • (xi) posting or transmitting charity requests, petitions for signatures, franchise arrangements, distributorship arrangements, sales representative agency arrangements or other business opportunities, club memberships, chain letters or letters relating to pyramid schemes, any advertising or promotional materials or any other solicitation of other users to use goods or services except in those areas that are designated for such purpose;
  • (xii) cause anyone annoyance, inconvenience, needless anxiety or lead to someone likely being upset, embarrassed, alarmed or annoyed;
  • (xiii) give the impression or impersonate the fact that you are in any way affiliated with Company; or
  • (xiv) violate third party rights of any kind, including without limitation to any Intellectual Property (as defined herein) or rights of privacy.

Purchases

From time to time, the Site may offer products and services for purchase (“in-app purchases”) through iTunes. If you choose to make an in-app purchase, you will be prompted to confirm your purchase with iTunes, and your iTunes account will be charged at the prices displayed too you for the service(s) you’ve selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize iTunes to charge you.

If you purchase an auto-renewable subscription, your iTunes account will continue to be billed for the subscription until you cancel. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to access your iTunes account and follow instructions to change or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Site from your device. Deleting your account on the Site or deleting the Site from your device does not cancel your subscription; The Site will retain all funds charged to your iTunes account until you cancel your subscription on iTunes. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.

Refunds are handled by Apple, not the Site. You can request a refund through iTunes, or by submitting a request at https://getsupport.apple.com.

Intellectual Property

The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, as applicable. You hereby acknowledge and agree not to in any way modify or alter Intellectual Property, or use, delete or alter any copyright, trademark or other proprietary rights notices from any content on the Site. The Company name and logo and all related names, logos, product and service names, trade names, designs and slogans are trademarks of Company or its affiliates or licensors. You must not use such marks without the prior written permission of Company. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners. “Intellectual Property” means any and all rights in or relating to any patent, copyright, mask work, moral, rights of publicity, trademark, trade dress and service mark, goodwill, trade secret and other intellectual property as may now exist or hereafter come into existence, and all applications therefor and registrations, renewals and extensions thereof.

If you believe that any User Content violates any copyright, trademark, or other intellectual property right, please send us a notice of such infringement to legal@sentryware.com. We have the right (but not the obligation) to review any or all portions of your Content and delete (or modify) any of your Content from our Services for any reason, including if we believe, in our sole judgment, your Content violates these Terms, or that we believe threatens the safety of, or harms any other person, or creates liability for us or any other person. We reserve the right (but have no obligation) to investigate and take appropriate action, including removing your Content from our Services (or modifying it), suspending or terminating your account and/or suspending or terminating the provision of our Services to you, and/or reporting you to law enforcement authorities, if you violate any provision of these Terms. In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, service providers, partners, and other users, or to ensure the integrity and operation of our business and systems, we may access and disclose any information or content we consider necessary or appropriate, including your account information (i.e. name, e-mail address, etc.), IP address and traffic information, usage history, your Content, and your conduct.

Third Party Links

The Site may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Company. Company does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website from the Site, you do so at your own risk, and you understand that these Terms and the Privacy Policy do not apply to your use of such sites. You expressly relieve Company from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Site, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Company shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, consent or endorsement on our part. The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms.

The Site may provide certain social media features that enable you to:

  • (i) link from your own or certain third-party websites to certain content on this Site;
  • (ii) send e-mails or other communications with certain content, or links to certain content, on this Site;
  • (iii) cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites; or
  • (iv) share User content via our or third-party communications.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features.

Subject to the foregoing, you must not, including but not limited to:

  • (i) establish a link from any website that is not owned by you;
  • (ii) cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site;
  • (iii) link to any part of the Site other than the homepage; or
  • (iv) otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

Disclaimer of Warranty

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND FROM COMPANY. YOUR USE OF THE SITE AND ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS, HARDWARE, FIRMWARE, SOFTWARE, OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE. COMPANY WILL NOT BE HELD RESPONSIBLE FOR: (I) THE SITE OR RESULTS THAT ARE OBTAINED FROM USE OF THE SITE; (II) THAT THE SITE OR RESULTS THAT ARE OBTAINED FROM USE OF THE SITE WILL MEET YOUR REQUIREMENTS; (III) THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, TIMELY, UNINTERRUPTED OR SECURE; (IV) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (V) THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. WE MAY DISCONTINUE ANY ASPECT OF SITE OFFERING, OR MAY CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF THE SITE, AT ANY TIME. COMPANY ALSO DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS OR THAT YOU WILL ACHIEVE ANY PARTICULAR RESULT FROM USING ANY SITE. THE SITE MAY NOT BE USED OR RELIED UPON FOR ANY SAFETY PURPOSE, INCLUDING ANY MEDICAL, FIRE, POLICE OR OTHER EMERGENCY, TO LOCATE SOMEONE OR OTHERWISE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, ATTORNEYS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. UNDER NO CIRCUMSTANCES WILL COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, OMISSIONS, MISTAKES, OR INACCURACIES FROM THE SITE OR RESULTS THAT ARE OBTAINED FROM USE OF THE SITE; (II) PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE; (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; AND/OR (VIII) ANY ACTION OR INACTION OF THIRD PARTIES. IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU OR ANY USER FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO COMPANY HEREUNDER IN THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR $100.00, WHICHEVER IS GREATER.

Indemnification

You agree to defend, indemnify and hold harmless Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, attorneys, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, your User Content, any use of the Site’s content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Site.

Geographic Restrictions

We provide this Site for use only by persons located in the United States and Canada (these “Territories”). We make no claims that the Site or any of its content is accessible or appropriate outside of these Territories. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside these Territories, you do so on your own initiative and are responsible for compliance with local laws.

General Legal Provisions

All matters relating to the Site and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule (whether of the State of Minnesota or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Minnesota. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. No waiver of by Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect. These Terms and our Privacy Policy constitute the sole and entire agreement between you and Company with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site. All feedback, comments, requests for technical support and other communications relating to the Site should be directed to: contact@sentryware.com.