AvianAI AvianAI

Terms of Service

Effective Date: May 1, 2026

1. Acceptance of Terms

These Terms of Service (hereinafter referred to as "Terms") apply to the AvianAI mobile application (hereinafter referred to as "Application") provided by freeweb (hereinafter referred to as "Service Provider"). By downloading, installing, or using the Application, you (hereinafter referred to as "User") agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Application.

If you are using the Application on an Apple-branded device, you acknowledge that: (a) this EULA is concluded between you and the Service Provider only, and not with Apple Inc. ("Apple"); and (b) the Service Provider, not Apple, is solely responsible for the Licensed Application and the content thereof. The usage rules set forth in this EULA do not conflict with the Apple Media Services Terms and Conditions as of the Effective Date.

2. Description of Service

The Application is a free bird identification tool that uses artificial intelligence (AI) to identify bird species from photos. Users can capture or select photos of birds using their device's camera or photo library, submit them for AI-based identification, and maintain observation records and a life list of identified species. The Application is provided free of charge.

3. License Grant

Subject to your compliance with these Terms, the Service Provider grants you a limited, non-exclusive, non-transferable, revocable license to use the Application for personal, non-commercial purposes on your mobile device.

For users accessing the Application through the Apple App Store, the license is limited to a non-transferable license to use the Application on any Apple-branded Products that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. The Application may also be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.

You may not:

4. Maintenance and Support

The Service Provider is solely responsible for providing any maintenance and support services with respect to the Application, as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Application.

5. User Responsibilities

You are responsible for:

6. Prohibited Activities

You shall not:

7. Third-Party Services

The Application utilizes the following third-party services. By using the Application, you also agree to the terms and privacy policies of these services:

You must comply with applicable third-party terms of agreement when using the Application, including but not limited to your wireless data service agreement.

The Service Provider is not responsible for the practices of these third-party services. Please review their respective policies before using the Application.

8. Intellectual Property Rights

The Application, including its design, graphics, user interface, code, and all associated content (excluding user-provided photos), is the intellectual property of the Service Provider and is protected by applicable copyright and intellectual property laws. Photos that you capture or select remain your property. By submitting photos for identification, you grant the Service Provider a temporary license to process them through the AI service for the purpose of providing the identification result.

You acknowledge that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, the Service Provider, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

9. User Data

Observation records, life list data, photos, and application settings are stored locally on your device. The Service Provider does not upload or persistently store your photos or observation data on external servers. For details on data collection by third-party services, please refer to our Privacy Policy.

10. Disclaimer of Warranties

The Application is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, the Service Provider disclaims all warranties, including but not limited to:

You acknowledge that AI-generated identification results may be incorrect and should not be solely relied upon for scientific, academic, or conservation purposes.

The Service Provider is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the Service Provider's sole responsibility.

11. Product Claims

You acknowledge that the Service Provider, not Apple, is responsible for addressing any claims of yours or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

12. Limitation of Liability

To the fullest extent permitted by applicable law, the Service Provider shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Application.

Except in cases of willful misconduct or gross negligence by the Service Provider, the Service Provider's total liability arising from or related to the Application shall not exceed the aggregate amount paid by you for the Application during the three (3) months preceding the claim, or one thousand yen (JPY 1,000), whichever is greater. Nothing in these Terms shall limit the Service Provider's liability beyond what is permitted by applicable law.

13. Legal Compliance

You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

14. Changes to Terms

The Service Provider reserves the right to modify these Terms at any time without prior notice. Changes will be posted on this page with an updated effective date. Your continued use of the Application after any such changes constitutes your acceptance of the revised Terms. You are encouraged to review these Terms periodically.

15. Termination

You may stop using the Application at any time by uninstalling it from your device. The Service Provider reserves the right to restrict or terminate your access to the Application at its sole discretion, without notice, for violation of these Terms or for any other reason.

16. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Japan. Any disputes arising from or related to the Application shall be submitted to the exclusive jurisdiction of the Chiba District Court or the Tokyo District Court as the court of first instance.

17. Privacy Policy

Your use of the Application is also governed by our Privacy Policy, which is incorporated herein by reference.

18. Third Party Beneficiary

You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof.

19. General Provisions

Severability: If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.

Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Service Provider regarding the use of the Application.

20. Developer Information and Contact

Questions, complaints, or claims with respect to the Application should be directed to: