Kisdo User Agreement

1. Introduction

This User Agreement ("Agreement") is a legal contract between you ("User" or "You") and the developer of Kisdo ("Developer," "We," "Us," or "Our") regarding your use of the Kisdo mobile application ("App"). The App is designed exclusively for nature enthusiasts to document plant and animal observations, including photo capture, species identification, ecological environment classification, and "Nature Calendar" generation. By downloading, installing, or using the App, you acknowledge that you have read, understood, and agreed to be bound by all terms and conditions of this Agreement. If you do not agree to these terms, you must not use the App.

2. Eligibility

To use the App, you must: (a) be at least 13 years of age (or the minimum age required by applicable UK law to use digital services without parental consent); (b) have the legal capacity to enter into a binding contract under UK law; and (c) comply with all applicable laws, regulations, and this Agreement. If you are under the minimum required age, you may only use the App with the supervision and consent of a parent or legal guardian, who agrees to be bound by this Agreement on your behalf.

3. App Usage Rights and Restrictions

3.1 Grant of License

Subject to your compliance with this Agreement, We grant you a non-exclusive, non-transferable, revocable license to download, install, and use the App on your personal, non-commercial mobile devices solely for the purpose of documenting nature observations (e.g., recording plant growth, bird habitats, and species behavior) as intended by the App’s functionality.

3.2 Prohibited Uses

You shall not: (a) modify, adapt, reverse engineer, decompile, disassemble, or attempt to extract the source code of the App; (b) use the App for commercial purposes (e.g., selling observation data to third parties, using the App to promote paid services without Our prior written consent); (c) upload or store illegal, harmful, defamatory, infringing, or inappropriate content (e.g., photos of protected species taken in violation of UK wildlife laws, content that violates third-party privacy rights); (d) use the App to violate any UK laws, including but not limited to wildlife protection laws, data protection laws (e.g., GDPR), and intellectual property laws; (e) share your App account credentials with third parties; (f) interfere with the App’s functionality, including its species identification tool or "Nature Calendar" feature, or disrupt servers or networks connected to the App; (g) attempt to bypass any security measures or access restricted parts of the App without authorization.

4. User Data and Privacy

4.1 Data Collection and Use

When you use the App, We may collect the following data to provide and improve the App’s functionality: (a) Observation Data: Photos, species names, observation locations, behavioral traits, and notes you submit (this data is stored locally on your device by default, unless you opt to enable cloud backup, in which case it will be stored on Our secure servers); (b) Technical Data: Device information (e.g., model, OS version), app usage statistics (e.g., features accessed, session duration), and location data (only if you grant permission to enable location tagging for observations); (c) Account Data: If you create an account, your email address (used for account verification and communication).

4.2 Data Protection

We comply with the General Data Protection Regulation (GDPR) and other applicable UK data protection laws. We will not sell, rent, or disclose your personal data to third parties except: (a) with your explicit consent; (b) to comply with legal obligations (e.g., responding to a court order or regulatory request); (c) to trusted service providers who assist Us in operating the App (e.g., cloud storage providers), and who are bound by confidentiality agreements.

4.3 Data Retention and Deletion

We retain your data for as long as necessary to provide the App’s services or as required by law. You may delete your observation data at any time through the App’s settings, and you may request deletion of your account and associated data by contacting Our customer support (see Section 8).

5. Intellectual Property Rights

5.1 App Intellectual Property

All intellectual property rights in the App (including but not limited to software code, logos, trademarks, UI design, and features such as the species identification tool and "Nature Calendar") are owned by the Developer. This Agreement does not transfer any ownership rights to you.

5.2 User-Generated Content (UGC) Rights

You retain all intellectual property rights in the observation data and content you create using the App (e.g., photos, notes). By submitting content to the App, you grant Us a non-exclusive, worldwide, royalty-free license to use, store, and display this content solely to provide the App’s services (e.g., processing photos for species identification, generating your "Nature Calendar"). We will not use your UGC for any other purpose without your explicit consent.

6. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER 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: (a) the App will be error-free, uninterrupted, or compatible with all devices; (b) the species identification tool will be 100% accurate (it is intended for reference only, and you should verify results with reliable sources); (c) the "Nature Calendar" will perfectly reflect species’ periodic appearance times (environmental factors may affect accuracy); (d) your data will be completely secure (though We implement reasonable security measures, no digital storage is 100% secure).

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY UK LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP. OUR TOTAL LIABILITY TO YOU FOR ANY DIRECT DAMAGES ARISING FROM THIS AGREEMENT OR YOUR USE OF THE APP SHALL NOT EXCEED £50 (FIFTY POUNDS STERLING). This limitation applies regardless of whether the damages arise from breach of contract, tort (including negligence), or any other legal theory.

Nothing in this Agreement shall exclude or limit Our liability for: (a) death or personal injury caused by Our negligence; (b) fraud or fraudulent misrepresentation; (c) any other liability that cannot be excluded or limited under UK law.

8. Customer Support and Feedback

We welcome your feedback on the App. By submitting feedback, you grant Us a non-exclusive, worldwide, royalty-free license to use, modify, and incorporate your feedback into the App without additional compensation to you.

9. Termination

We may terminate this Agreement and your access to the App at any time, with or without notice, if you violate any term of this Agreement. Upon termination, you must cease using the App and delete all copies of the App from your devices. Sections 4 (User Data and Privacy), 5 (Intellectual Property Rights), 6 (Disclaimer of Warranties), 7 (Limitation of Liability), 10 (Governing Law and Dispute Resolution), and 11 (General Provisions) shall survive termination.

You may terminate this Agreement at any time by deleting the App and discontinuing use of all its services. If you terminate, you may still access your locally stored observation data (if not deleted) but will no longer have access to App features.

10. Governing Law and Dispute Resolution

Any dispute arising out of or in connection with this Agreement (including non-contractual disputes) shall first be resolved through good-faith negotiation between you and Us. If the dispute cannot be resolved through negotiation within 30 days of the first written communication, either party may submit the dispute to the courts of England and Wales for resolution.

11. General Provisions

• Amendments: We may update this Agreement from time to time. We will notify you of material changes by posting the updated Agreement in the App (via a pop-up notification) or sending an email to your registered email address. Your continued use of the App after the effective date of the updated Agreement constitutes acceptance of the changes.
• Severability: If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
• Assignment: You may not assign this Agreement or your rights under it without Our prior written consent. We may assign this Agreement to a third party (e.g., in the event of a merger or acquisition) without your consent.
• Entire Agreement: This Agreement constitutes the entire understanding between you and Us regarding your use of the App, superseding all prior or contemporaneous agreements, communications, and understandings (whether oral or written).