Effective date: 23 December 2024

These Terms of Use (these "Terms") are a legally binding agreement between users you ("you, your'') and Dmytro Chernov ("we", “our” or "us") for the use of the app “ Mushroom Identification: Fungi” (also - app, software), and the content available via the app, the computer files stored on our servers, and all related services, features, tools, transactions, and content.

Agreement to terms

Before using the app, please read the terms of use of the application carefully, as well as the privacy policy. If you do not agree with all of these Terms and privacy policies, then you are prohibited from using the app, and you must discontinue use immediately.

By checking the box "I have read and agree with Terms of Use and Privacy Policy" when registering and/or paying for a subscription using an online payment method for payment and/or access to the application, using our application, the user agrees to the terms of use and privacy policy.

You also certify that you have the full legal capacity and capacity and are of the age required by the law of England and Wales or your country or state of the US, of which you are a citizen, to accept these terms.

By using the application YOU MESSAGE TO US that: (i) YOU READ, UNDERSTAND, AND AGREE TO THIS TERMS OF USE AND PRIVACY POLICY, AND (ii) YOU ARE MORE than 14 years old (or EXCEED THAT YOUR PTA or guardian reads and AGREE TO THIS TERMS OF USE AND PRIVACY POLICY FOR YOU). If you don’t accept and agree to this Terms of Use and privacy policy, you must immediately stop using our app.

You use our app based on “as is” and as you currently see it. We do not give any guarantees and are not responsible for not meeting your expectations, hopes, or assumptions by using our application.

We may modify these Terms from time to time. The updated version of these Terms of Use will be effective as soon as it is accessible. You are responsible for reviewing these Terms to stay informed of updates. Your continued use of our app represents that you have accepted such changes.

The terms of the privacy policy and other supplemental terms and conditions or documents that may be posted on the app from time to time are expressly incorporated by reference.

Use of the application and its functions.

Find out the name of any mushroom. Take a photo or load a photo of a mushroom from your gallery and get an answer right now! The app uses artificial intelligence technology to identify mushrooms.

Main features:

Identify any mushrooms instantly;
Take or upload a photo of a mushroom;
Get accurate information about mushrooms;
Create your own collection;
Many helpful articles;
Enjoy a beautiful design;
Ensure that the analyzed mushroom is not parasitic and does not have as its primary biological function the capture of the human mind and enslavement of mankind (function at the beta testing stage and not allowed for end users yet).

End-user license agreement (EULA)

We grant you a personal, worldwide, revocable, non-transferable, and non-exclusive license to access and use the app for personal and non-commercial purposes under these Terms.

This license is for the sole purpose of enabling you to enjoy the benefits of the software, as stated herein, and also for your personal use only.

Under this license, you may not use the app or any of its materials, including but not limited to parts of it, for commercial or promotional purposes without our prior written consent.

User has no right:

copy or reproduce the software or any part of the software other than under the license granted in this terms of use;
sell, resell, rent, lease, loan, supply, distribute, redistribute, publish, or republish the Software or any part of the software;
modify, alter, adapt, translate or edit, or create derivative works of the software or any part of the software;
reverse engineer, decompile, or disassemble the software or any part of the software;
copy, modify, transmit, distribute, publicly display, demonstrate, create any derivative works (products); use or in any way reproduce any copyrighted materials, images, screenshots, trademarks, trade names, proprietary information, service marks, and other objects of intellectual property available on the app;
this list is not exhaustive.

The license does not provide for any transfer (alienation) of intellectual property rights belonging to us.

Subscriptions

The app allows users to view the cost and type of subscription. Subscriptions are purchased through the Apple payment system.

Refund. The Apple App Store's rules regulate refund orders for subscription purchases. Learn more about refunds on the Apple App Store here. Nevertheless, we may participate in reviewing user refund requests to prevent fraudulent and deceptive actions by users.

Free trial period. Some of our subscriptions may include a free trial period, where you can experience the App at no cost. Subscription with the free trial period will automatically renew to a paid subscription once your free trial expires. If you decide to unsubscribe from a paid subscription before Apple Pay starts charging your payment method, cancel the subscription before the free trial ends.

Payment will be charged to your credit/debit card through your App Store (Apple ID) account. You choose one of our subscriptions and confirm your purchase.

Automatic renewal. Paid subscriptions automatically renew unless you cancel them at least 24 hours before the billing date in the Manage Subscriptions section of your account settings. Learn more about managing your subscriptions on the Apple App Store here.

Tip! Canceling your subscription on iOS or iPadOS:

Launch the Settings app
Select your name at the top of the screen
Navigate to "Subscriptions"
Find and tap on "Documents"
Select "Cancel Subscription"

Note: Your subscription has already been terminated if the "Cancel Subscription" option isn't visible.

Indemnification

You agree to defend, indemnify, and hold us harmless and our licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of:

your use and access to the app;
a breach of these Terms.

Limitation Of Liability

In no event shall we, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

your access to or use of or inability to access or use the app;
any conduct or content of any third party on the app;
any content obtained from the app and
unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose;
violations by users or third parties of the rights to the intellectual property of third parties admitted using our app;
cases where the functionality of the app is disrupted or limited as a result of a malfunction of a mobile device, Internet provider, or mobile operator app;

Disclaimer

Your use of the software is at your sole risk. The software is provided on an "AS IS" and "AS AVAILABLE" basis. The software is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

We don’t warrant that

a) the software will function uninterrupted, secure, or available at any particular time or location;

any errors or defects will be corrected;
the software is free of viruses or other harmful components or
the results of using the software will meet your requirements.

Some jurisdictions don’t allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Personal data

We collect and process your data to provide our software when using the app. In the privacy policy section, we describe in detail how your data can be collected, processed, and transmitted.

User guarantees

By using or visiting our app, you guarantee the following:

the compliance with age restrictions;
that you will use the app for personal use;
that you have all the powers (competence and legal capacity) required by law to accept these terms.
that you will not use the software for fraud, other atrocities, insults defaming the honor and dignity of other users, distributing obscene content, distributing pornographic content; unapproved collection, process, and distribution of personal data of other users;
not to violate the terms and conditions established by this agreement;
not to violate the rights of other users, including but not limited to the intellectual property rights of third parties.
that you will not pass malicious software.

Dispute resolution

In the event of a dispute regarding the terms of this document between users and us, the dispute shall be settled out of court through negotiations and the conclusion of an amicable settlement agreement.

Users' complaints and claims are accepted to the email address [email protected]. Our support app will contact you in the shortest lines. The time limit for considering a complaint or claim is 14 days.

In case of failure to reach an agreement on the peaceful settlement of the dispute, any dispute, controversy, proceedings, or claim of whatever nature arising out of or in connection with or in any way relating to this Agreement or its formation shall be governed by and construed in accordance with the Laws and Regulations of England and Wales without the application of conflict of laws rules.

Disputes under these Terms, their implementation, or other relations of the parties arising under the Terms shall be subject to review in accordance with the rules of the Arbitration Institute of the Stockholm Chamber of Commerce. The arbitration shall be in English. The place of arbitration shall be the city of Stockholm.

If for any reason a court of competent jurisdiction finds any provision of this Terms, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible to affect the intent of this Terms, and the remainder of this Terms shall continue in full force and effect. A printed version of these Terms shall be admissible in judicial or administrative proceedings.

Termination

Termination by Us. We reserve the right at our sole discretion to modify, suspend, or discontinue the App, content, features, or offers available via the App at any time in the following cases:

your violation of the Terms;
attempts to inflict damages on the reputation or normal work of the App;
other cases expressly stipulated in the Terms.

We reserve the right to take whatever lawful actions we deem appropriate in response to actual or suspected violations of these Terms, including, without limitation, the suspension, cancellation, or termination of your license (in whole or in particular part) and access to the account to the App.

We will cooperate with legal authorities or third parties to investigate any suspected or alleged crime or civil wrong.

Termination by You. You may terminate the Terms with us by canceling your Account and stopping accessing the App.

Consequences of the Termination. If the agreement is terminated, all permissions and licenses under these Terms will immediately terminate without our obligation to provide refunds.

We are constantly working on the development of our service, as well as the services that we provide, for more convenient and comfortable use. Therefore, the policy of using the service may be changed from time to time and supplemented by new provisions.

When the terms change, we will notify you in advance of such changes so that you can familiarize yourself with the new terms and conditions.

Governing Law

This Agreement shall be governed by and construed in accordance with the Laws and Regulations of England and Wales.

Miscellaneous

We may freely assign its rights and/or obligations under this agreement without the user's consent. Save as expressly provided in this agreement, the users must not assign, transfer, charge, license, or otherwise dispose of or deal in this agreement and/or any of its rights and/or obligations.

Upon termination, all provisions of these Terms, which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

All claims between the parties related to these Terms will be litigated individually. The parties will not consolidate or seek class treatment for any claim unless previously agreed to in writing by the parties.

Contacts for use by users: [email protected].