Terms & Conditions

You must comply with all applicable laws, regulations, and safety requirements when using the Services.

If you are under the age of 13, use of the Services must occur with parental involvement or consent where required by applicable law.

Parents and guardians are responsible for supervising children’s use of the Services and for determining whether the Services are appropriate for the child.

You represent and warrant that you have the legal capacity to enter into these Terms.

Empathix AS may restrict, limit, or deny access to the Services in certain countries, jurisdictions, or regions at its sole discretion.

Certain parts of the Services may be released as beta, preview, test, experimental, or early-access features.

The Services may contain bugs, inaccuracies, interruptions, incomplete functionality, delays, security vulnerabilities, or unexpected behavior.

Empathix AS does not guarantee that:

• The Services will always be available
• The Services will be uninterrupted or error-free
• Species identifications will be accurate
• Data will always be preserved
• Features will remain available
• Gameplay systems will remain unchanged

Features, discoveries, progression systems, leaderboards, rewards, maps, content, user interfaces, functionality, and availability may be modified, rebalanced, suspended, reset, removed, or discontinued at any time without notice or liability.

Users acknowledge that use of beta or evolving Services occurs entirely at their own risk.

Users may be required to create an account in order to access certain features.

Users are solely responsible for:

• Maintaining account security
• Keeping login credentials confidential
• Activities occurring under their account
• Maintaining accurate account information

You agree not to impersonate others or create misleading accounts.

Empathix AS reserves the right to suspend, restrict, disable, remove, or terminate accounts at its sole discretion.

Users agree not to:

• Upload unlawful, abusive, harmful, fraudulent, misleading, or inappropriate content
• Submit fake or manipulated discoveries
• Misuse gameplay systems, rewards, rankings, progression systems, or community features
• Use bots, scripts, automation, scraping tools, exploits, cheats, or manipulation techniques
• Attempt unauthorized access to systems, accounts, APIs, or infrastructure
• Interfere with operation, fairness, stability, or security of the Services
• Harass, threaten, abuse, or endanger others
• Disturb wildlife or damage habitats
• Violate environmental protections, wildlife regulations, protected-area restrictions, or land-access rules
• Violate the rights, privacy, safety, or intellectual property rights of others

Empathix AS may investigate, moderate, restrict, disable, remove, or report content, discoveries, accounts, or activity that violates these Terms or may expose users, third parties, wildlife, or the Services to harm or liability.

Speciefy uses artificial intelligence, algorithms, automated systems, external data sources, and community-driven functionality to support species identification and related features.

Species identifications, classifications, recommendations, rarity systems, environmental insights, educational content, and related information are provided for informational, educational, entertainment, and gameplay purposes only.

Species-related information may be inaccurate, incomplete, delayed, misleading, outdated, unsafe, or incorrect.

The Services do not constitute professional, scientific, medical, environmental, legal, survival, or safety advice.

Users must never rely solely on the Services when making decisions related to:

• Edible mushrooms
• Berries
• Plants
• Wild food
• Poisonous or toxic species
• Dangerous animals or wildlife
• Allergens
• Medicinal use
• Survival situations
• Safety-critical situations
• Protected or regulated species

Consumption, handling, interaction with, or proximity to any species identified through the Services is solely at the user’s own risk.

Users are solely responsible for independently verifying species identifications and determining whether any species is safe, legal, edible, protected, or appropriate to interact with.

Users assume all risks associated with use of the Services and species-related decisions or actions.

Empathix AS expressly disclaims all responsibility and liability for poisoning, allergic reactions, injuries, illness, death, environmental damage, legal violations, property damage, wildlife harm, or any other consequences resulting from reliance on species identifications or related information provided through the Services.

The Services are not intended for emergency, rescue, or survival use.

Speciefy encourages outdoor exploration and nature-related activities.

Users are solely responsible for their own actions, decisions, conduct, awareness, safety, surroundings, equipment, transportation, route choices, and interactions while using the Services.

Use of the Services may involve outdoor environments, terrain hazards, wildlife, weather exposure, water, ice, cliffs, forests, mountains, roads, remote areas, environmental dangers, and other unpredictable conditions.

Users assume all risks associated with outdoor activity and use of the Services.

Empathix AS is not responsible for:

• Injuries or accidents
• Death or bodily harm
• Wildlife encounters
• Poisonous or dangerous species
• Allergic reactions
• Environmental hazards
• Terrain conditions
• Weather conditions
• Traffic-related incidents
• Property damage
• Trespassing
• Violations of laws or regulations
• Emergency situations
• Search and rescue situations
• Any losses, damages, costs, or incidents related to outdoor activity

Users are solely responsible for complying with applicable laws, regulations, land-access rules, environmental protections, protected-area restrictions, and safety recommendations.

Users must remain aware of their surroundings at all times and must not use the Services in a distracted, dangerous, unlawful, or irresponsible manner.

Certain content and activity within the Services may be visible to other users as part of gameplay, leaderboard, challenge, social, ranking, map, or community functionality.

This may include:

• Usernames
• Avatar selections
• Species discoveries
• Species cards
• Discovery images
• Achievements, rankings, XP, streaks, and progression
• Community activity and challenges

Users may also choose to share content from the Services through social media platforms or other third-party services.

Users are solely responsible for content they upload, submit, publish, share, or distribute.

Empathix AS does not endorse, verify, or guarantee user-generated content.

Users retain ownership of content submitted through the Services (“User Content”).

By uploading or submitting User Content through Speciefy, users grant Empathix AS a worldwide, non-exclusive, transferable, sublicensable, perpetual, irrevocable, royalty-free license to host, store, process, analyze, reproduce, modify, adapt, publish, display, distribute, create derivative works from, and otherwise use User Content and related species data in connection with:

• Operating and maintaining the Services
• Species identification and AI-powered analysis
• Gameplay systems and progression features
• Community and social functionality
• Discovery tracking and species-related features
• Product development and platform improvement
• Analytics, research, environmental insights, and aggregated species-related trends
• Safety, moderation, fraud prevention, and technical operations
• Marketing, promotion, showcasing, and communication relating to the Services

This license includes the right to use User Content in connection with websites, applications, social media channels, presentations, promotional materials, investor materials, App Store or Google Play materials, advertisements, and related marketing or operational activities connected to the Services.

Empathix AS may create, derive, generate, aggregate, analyze, and commercially use insights, statistics, environmental trends, gameplay data, and derived datasets based on User Content and species-related activity, provided such information does not identify individual users where anonymization is required by applicable law.

Users represent and warrant that they possess all necessary rights, permissions, and authority to upload and share User Content.

Users remain solely responsible for their User Content and the consequences of uploading or sharing it.

Speciefy may use aggregated, anonymized, or de-identified species-related data and environmental insights to support:

• Biodiversity research
• Conservation efforts
• Environmental initiatives
• Species-related analysis
• Platform improvement
• Research collaborations
• Environmental organizations
• Public agencies
• Biodiversity-related platforms or databases

Certain location data related to sensitive, protected, rare, or vulnerable species may be generalized, delayed, restricted, obscured, or withheld for environmental protection and species safety purposes.

Empathix AS retains sole discretion regarding visibility and handling of sensitive species-related information.

The Services, including but not limited to:

• Speciefy branding
• Logos
• Design elements
• Gameplay systems
• Game mechanics
• User interface elements
• Graphics
• Species card systems
• Software
• Features
• Visual assets
• Databases
• Audio
• Content created by Empathix AS

are owned by or licensed to Empathix AS and protected under applicable intellectual property laws.

Users may not reproduce, distribute, modify, reverse engineer, exploit, scrape, copy, sell, commercially use, train competing systems from, or create derivative works from any part of the Services without prior written permission from Empathix AS.

All rights not expressly granted under these Terms are reserved by Empathix AS.

The Services may rely on or integrate with third-party providers, technologies, APIs, cloud infrastructure, payment systems, social media services, analytics services, artificial intelligence systems, mapping systems, or external data sources.

Empathix AS is not responsible for third-party services, platforms, functionality, content, outages, security issues, policies, or failures.

Use of third-party services may be subject to separate terms and privacy policies.

Certain features of the Services may become paid, subscription-based, or require in-app purchases.

Pricing, subscriptions, billing procedures, renewal terms, cancellation rights, refund policies, premium features, and related conditions may change over time.

Empathix AS reserves the right to modify, suspend, discontinue, rebalance, or remove paid or unpaid features at any time.

Additional terms may apply to paid functionality.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

EMPATHIX AS DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF:

• ACCURACY
• RELIABILITY
• SAFETY
• AVAILABILITY
• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• QUIET ENJOYMENT

EMPATHIX AS DOES NOT WARRANT THAT:

• THE SERVICES WILL BE SECURE
• THE SERVICES WILL BE ERROR-FREE
• SPECIES IDENTIFICATIONS WILL BE ACCURATE
• THE SERVICES WILL ALWAYS FUNCTION
• FEATURES WILL REMAIN AVAILABLE
• DATA WILL ALWAYS BE PRESERVED
• THE SERVICES WILL BE FREE OF BUGS, INTERRUPTIONS, OR FAILURES

USE OF THE SERVICES IS ENTIRELY AT THE USER’S OWN RISK.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EMPATHIX AS, ITS AFFILIATES, OWNERS, DIRECTORS, EMPLOYEES, CONTRACTORS, PARTNERS, LICENSORS, SERVICE PROVIDERS, AND SUPPLIERS SHALL NOT BE LIABLE FOR:

• INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, REPUTATION, OR BUSINESS OPPORTUNITIES
• PERSONAL INJURY OR DEATH
• OUTDOOR-RELATED INCIDENTS
• WILDLIFE ENCOUNTERS
• POISONOUS, TOXIC, OR DANGEROUS SPECIES
• MISIDENTIFIED SPECIES
• ALLERGIC REACTIONS
• USER-GENERATED CONTENT
• ERRORS IN IDENTIFICATIONS OR RELATED INFORMATION
• INTERRUPTIONS, OUTAGES, SECURITY BREACHES, BUGS, OR TECHNICAL FAILURES
• LOSS OR CORRUPTION OF DATA
• ACTIONS TAKEN BY USERS BASED ON INFORMATION PROVIDED THROUGH THE SERVICES
• THIRD-PARTY SERVICES OR EXTERNAL CONTENT

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOTAL LIABILITY OF EMPATHIX AS ARISING OUT OF OR RELATING TO THE SERVICES SHALL NOT EXCEED THE GREATER OF:

(A) THE TOTAL AMOUNT PAID BY THE USER TO EMPATHIX AS DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
(B) NOK 500.

SOME JURISDICTIONS MAY NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY. IN SUCH CASES, LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Users agree to defend, indemnify, and hold harmless Empathix AS and its affiliates, owners, employees, contractors, partners, licensors, service providers, and suppliers from and against any claims, liabilities, damages, losses, costs, expenses, fines, penalties, or legal fees arising out of or relating to:

• Use of the Services
• Violation of these Terms
• User Content
• Violations of laws or regulations
• Harm caused to third parties
• Outdoor activity
• Species-related decisions or actions
• Wildlife interactions
• Environmental damage
• Misuse of the Services

Empathix AS reserves the right, at its sole discretion, to suspend, restrict, disable, remove, terminate, or permanently ban accounts or access to the Services at any time and without prior notice.

This includes situations involving:

• Violations of these Terms
• Fraudulent or abusive activity
• Manipulation of gameplay systems
• Security risks
• Harmful conduct
• Legal or regulatory requirements
• Protection of users, wildlife, or platform integrity

Empathix AS is not liable for consequences resulting from suspension or termination of accounts or Services.

Empathix AS shall not be liable for delays, interruptions, failures, or inability to perform resulting from causes beyond reasonable control, including but not limited to:

• Natural disasters
• Extreme weather
• Fires
• Floods
• Wars
• Terrorism
• Government actions
• Labor disputes
• Internet outages
• Infrastructure failures
• Power outages
• Cyberattacks
• Cloud-service failures
• Third-party service disruptions

Empathix AS may modify, suspend, discontinue, update, reset, rebalance, or remove parts of the Services at any time without notice or liability.

Features, gameplay systems, progression systems, rankings, discoveries, rewards, content, interfaces, maps, and availability may change over time.

Empathix AS has no obligation to maintain any specific feature, discovery history, ranking, reward, progression level, or functionality.

These Terms are governed by and interpreted in accordance with the laws of Norway, without regard to conflict of law principles.

Any disputes arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the courts of Norway.

Users agree that claims may only be brought on an individual basis and not as part of any class action, collective action, or representative proceeding to the maximum extent permitted by applicable law.

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

These Terms constitute the entire agreement between the user and Empathix AS regarding the Services and supersede prior agreements, understandings, or communications relating to the Services.

Empathix AS may update these Terms from time to time.

Updated versions will be made available through the Services or on our website together with an updated revision date.

Continued use of the Services after changes become effective constitutes acceptance of the updated Terms.

If you have questions regarding these Terms, please contact:

Empathix AS
Org.nr 934 939 530 MVA
Kristiansand, Norway
Email: contact@empathix.no