Terms of Use

By downloading, installing, or using the Spotter mobile application or website (collectively, the "Service"), you agree to these Terms of Use. If you do not agree, do not use the Service.

1. Informational Purposes Only

All identification results, safety information, habitat data, edibility assessments, toxicity warnings, and any other content produced by the Service are for informational and educational purposes only. They do not constitute professional botanical, mycological, veterinary, or medical advice, and they must not be treated as such.

Never consume, handle, or make safety-critical decisions about any wild plant, fungus, animal, or mineral based solely on the Service. Always verify independently with a qualified, in-person expert before acting on any identification result.

2. AI-Generated Content and Accuracy

Spotter uses artificial intelligence (AI) to generate identification results and related content. AI systems can make mistakes, misidentify species, and produce plausible-sounding but incorrect information. Confidence scores and safety verdicts are estimates, not guarantees.

The Service does not warrant that any identification result is accurate, complete, or suitable for any particular purpose. You acknowledge that:

• Toxic and edible species can appear visually similar.
• Results may vary based on photo quality, angle, lighting, and species variation.
• Regional data may not reflect every local variant or lookalike.
• AI-generated safety information may be incomplete or incorrect.

3. Assumption of Risk

Your use of the Service and any decisions you make based on its output are entirely at your own risk. You expressly assume all risks associated with:

• Consuming or handling wild organisms or materials identified through the Service.
• Relying on safety or toxicity information produced by the Service.
• Any outdoor activities undertaken in connection with the Service.

4. Disclaimer of Warranties

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

5. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SPOTTER AND ITS DEVELOPERS, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, ILLNESS, DEATH, PROPERTY DAMAGE, LOST PROFITS, OR DATA LOSS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR TEN DOLLARS ($10.00) IF YOU HAVE NOT MADE ANY PAYMENTS.

6. Indemnification

You agree to indemnify, defend, and hold harmless Spotter and its developers from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

7. Third-Party Data and Services

The Service incorporates data from third-party sources including Google Gemini (AI identification), iNaturalist (species observations and reference images), and xeno-canto (bird and animal sounds). We do not control and are not responsible for the accuracy or availability of third-party content. Use of these data sources is subject to their respective terms and licenses.

8. User Conduct

You agree not to use the Service for any unlawful purpose, to harm wildlife or protected species, to circumvent technical measures, or to access the Service through automated means without authorization.

9. Changes to These Terms

We may update these Terms at any time. Changes take effect when posted to this page with a revised effective date. Continued use of the Service after changes are posted constitutes your acceptance of the updated Terms.

10. Governing Law

These Terms are governed by and construed in accordance with applicable law. Any disputes arising under these Terms shall be resolved in the jurisdiction where the developer is domiciled.

11. Contact

Questions about these Terms? Contact us at gaugerderek@gmail.com.