Terms of Service

Please read these Terms of Service ("Terms") carefully before using the Orvik mobile application ("App") operated by Orvik ("we," "us," or "our"). By accessing or using the App, you agree to be bound by these Terms. If you do not agree, you must not download, install, or use the App.

1. Eligibility

You must be at least 13 years of age to use the App. If you are between 13 and 18 years of age (or the age of majority in your jurisdiction), you may only use the App with the consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf. We do not knowingly collect personal information from children under 13. If we learn that we have collected data from a child under 13 without parental consent, we will delete it promptly.

2. Description of Service

Orvik is an AI-powered visual identification application that allows users to identify plants, animals, insects, birds, rocks, minerals, collectibles, food items, and natural phenomena by submitting photographs. The App processes submitted images through cloud-based artificial intelligence services, including OpenAI ChatGPT API and Grok Vision, to generate identification results and related information.

Identification results are provided for informational and educational purposes only. Results are generated by machine learning models and may contain errors, inaccuracies, or incomplete information.

3. Important Safety Disclaimer

You acknowledge and agree that:

• Orvik's identification results must never be used as the sole basis for decisions involving health, safety, or well-being, including but not limited to determining whether a plant, mushroom, berry, or other organism is edible, toxic, venomous, or otherwise dangerous.
• You should always seek independent verification from qualified professionals (botanists, mycologists, herpetologists, toxicologists, or other experts) before interacting with, consuming, or handling any identified species.
• Orvik is not a substitute for professional medical, veterinary, botanical, or zoological advice.
• You assume all risk associated with acting on identification results provided by the App.

4. User Accounts and Registration

Certain features of the App may require you to create an account. Account authentication is managed through Firebase Authentication. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account.

We reserve the right to suspend or terminate your account if you violate these Terms or engage in conduct that we determine, in our sole discretion, to be harmful to other users, third parties, or our business interests.

5. Subscriptions and In-App Purchases

Orvik offers premium features through in-app subscriptions and one-time purchases, managed by RevenueCat and processed through the Apple App Store or Google Play Store (collectively, "App Stores").

5.1 Billing and Renewal

• Subscription fees are charged to your App Store account at the time of purchase and upon each renewal period.
• Subscriptions automatically renew unless you cancel at least 24 hours before the end of the current billing period.
• You can manage or cancel your subscription through your device's App Store settings (Apple: Settings > Apple ID > Subscriptions; Android: Google Play Store > Subscriptions).

5.2 Free Trials

If we offer a free trial, you will not be charged during the trial period. At the end of the trial, your subscription will automatically convert to a paid subscription unless you cancel before the trial expires. Any unused portion of a free trial is forfeited upon purchasing a subscription.

5.3 Refunds

All purchases are processed by the respective App Store. Refund requests must be directed to Apple or Google, as applicable, in accordance with their refund policies. We do not process refunds directly.

5.4 Price Changes

We reserve the right to change subscription prices. Price changes will take effect at the start of the next billing cycle following notice to you. Your continued use of the App after a price change constitutes your agreement to the new price.

6. User Content and Photos

6.1 Ownership

You retain all ownership rights in the photographs and other content you submit through the App ("User Content").

6.2 License Grant

By submitting User Content to the App, you grant Orvik a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, process, adapt, and transmit your User Content solely for the purposes of:

• Providing the identification service to you;
• Processing images through our third-party AI providers (OpenAI ChatGPT API and Grok Vision);
• Improving and training our identification capabilities and AI models;
• Operating, maintaining, and enhancing the App.

6.3 User Representations

You represent and warrant that you have all necessary rights and permissions to submit your User Content, and that your User Content does not infringe upon the intellectual property, privacy, or other rights of any third party.

7. Acceptable Use

You agree not to use the App to:

• Violate any applicable law, regulation, or third-party rights;
• Submit content that is illegal, obscene, defamatory, threatening, or otherwise objectionable;
• Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App;
• Circumvent, disable, or interfere with security-related features of the App;
• Use the App for any commercial purpose without our prior written consent;
• Use automated means (bots, scrapers, or similar tools) to access or interact with the App;
• Attempt to probe, scan, or test the vulnerability of the App or any associated system or network;
• Interfere with or disrupt the integrity or performance of the App.

8. Intellectual Property

The App, including its design, user interface, graphics, icons, AI models, species database, algorithms, software code, and all associated intellectual property rights, are owned by Orvik or its licensors and are protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the App except for the limited right to use it in accordance with these Terms.

The Orvik name, logo, and all related marks are trademarks of Orvik. You may not use these trademarks without our prior written permission.

9. Third-Party Services

The App integrates with and relies upon the following third-party services:

• Firebase (Google) — authentication, analytics, and crash reporting;
• Facebook SDK / Meta — advertising and analytics;
• AppsFlyer — attribution and marketing analytics;
• RevenueCat — subscription and in-app purchase management;
• OpenAI ChatGPT API — AI-powered identification processing;
• Grok Vision — AI-powered image analysis.

These services operate under their own terms of service and privacy policies. We are not responsible for the practices, content, or availability of these third-party services. Your use of the App constitutes your acknowledgment that data will be shared with these providers as necessary to deliver the service.

10. Disclaimer of Warranties

THE APP AND ALL CONTENT, FEATURES, IDENTIFICATION RESULTS, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ORVIK DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Without limiting the foregoing, Orvik does not warrant that:

• Identification results will be accurate, complete, reliable, or error-free;
• The App will be available without interruption, be secure, or be free of bugs or viruses;
• Any defects in the App will be corrected;
• The App will meet your specific requirements or expectations.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ORVIK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your use of or inability to use the App;
• Any identification results or content provided by the App;
• Any action taken or not taken based on identification results;
• Personal injury, property damage, or any other harm resulting from your reliance on the App;
• Unauthorized access to or alteration of your data or transmissions;
• Any third-party conduct or content on or through the App.

IN NO EVENT SHALL ORVIK'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APP EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO ORVIK IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

12. Indemnification

You agree to indemnify, defend, and hold harmless Orvik, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the App; (b) your violation of these Terms; (c) your violation of any rights of another party; or (d) your User Content.

13. Termination

We may terminate or suspend your access to the App at any time, with or without cause, with or without notice. Upon termination, your right to use the App ceases immediately. Sections that by their nature should survive termination (including but not limited to Sections 6.2, 10, 11, 12, 14, and 15) shall survive.

You may terminate your account at any time by deleting the App and contacting us at [email protected] to request account deletion. Termination of your account does not entitle you to a refund of any subscription fees already charged.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or the App shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved within thirty (30) days of written notice, it shall be submitted to binding arbitration administered in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in English.

You agree that any dispute resolution proceedings will be conducted on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Orvik regarding the App and supersede all prior agreements and understandings.

15.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

15.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

15.5 Force Majeure

Orvik shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, labor disputes, governmental actions, internet or infrastructure failures, or third-party service outages.

16. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will update the "Effective date" at the top of this page and notify you through the App or via other reasonable means. Your continued use of the App after such changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the App and delete your account.

17. Apple and Google Platform Terms

If you access the App through the Apple App Store or Google Play Store, the following additional terms apply:

• These Terms are between you and Orvik only, not with Apple Inc. or Google LLC.
• Apple and Google have no obligation to provide maintenance, support, or warranty for the App.
• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple or Google for a refund of the purchase price (if any). To the maximum extent permitted by law, Apple and Google have no other warranty obligations with respect to the App.
• Apple and Google are not responsible for addressing any claims relating to the App, including product liability claims, consumer protection claims, or intellectual property infringement claims.
• Apple and Google are third-party beneficiaries of these Terms and may enforce these Terms against you.

18. Contact Us

If you have any questions, concerns, or feedback regarding these Terms, please contact us at:

Orvik
Email: [email protected]
Website: https://orvik.app