Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Speciefy mobile application, websites, software, products, services, subscriptions, features, content, technologies, and any other offerings that expressly reference these Terms (collectively, the “Services”).

The Services are provided by Empathix AS (“Empathix”, “Speciefy”, “we”, “our”, or “us”), a company incorporated under the laws of Norway.

By accessing, downloading, installing, creating an account for, or otherwise using the Services, you agree to be bound by these Terms and acknowledge that you have read our Privacy Policy, which describes how we collect, use, disclose, and otherwise process personal information.

If you do not agree to these Terms, you must not access or use the Services.

These Terms apply to every person or entity that accesses or uses the Services, including individuals, families, educators, organizations, subscribers, beta testers, researchers, and other users.

Certain features, products, or Services may be subject to additional terms, conditions, guidelines, or policies. Where applicable, those additional terms become part of these Terms when you access or use the relevant feature or Service.

If there is any conflict between these Terms and any additional terms applicable to a specific feature or Service, the additional terms will govern solely with respect to that feature or Service unless expressly stated otherwise.

You may access and use the Services only if you have the legal capacity to enter into a binding agreement under the laws applicable to you.

If you have not reached the age at which you may legally agree to these Terms or independently consent to the use of the Services under applicable law, you may use the Services only with the involvement, permission, or supervision of a parent, legal guardian, or other responsible adult, as required by applicable law.

If you are a parent, legal guardian, educator, or other responsible adult permitting another person to use the Services, you acknowledge that you are responsible for ensuring that such use complies with these Terms and applicable law.

If you access or use the Services on behalf of a company, organization, educational institution, government entity, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In such cases, “you” refers to both you and the entity you represent.

You are responsible for ensuring that your access to and use of the Services complies with all applicable laws, regulations, and requirements in the jurisdictions from which you access or use the Services.

We may refuse access to, suspend, or terminate access to the Services where we reasonably believe that you are not eligible to use the Services, that your use violates these Terms or applicable law, or where such action is reasonably necessary to protect the Services, our users, or others.

Certain features of the Services may require you to create or use an account.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account, whether or not authorized by you, unless otherwise required by applicable law.

You agree to provide accurate, complete, and current information when creating or maintaining your account and to keep your account information reasonably up to date.

You may not impersonate another person, create an account using false or misleading information, or otherwise misrepresent your identity or your affiliation with any individual or entity.

You are responsible for maintaining the security of the devices you use to access the Services and for taking reasonable steps to prevent unauthorized access to your account.

If you become aware of any unauthorized access to, use of, or security incident involving your account, you must notify us as soon as reasonably practicable.

Unless expressly permitted by the Services, your account is personal to you and may not be transferred, sold, licensed, assigned, or shared with another person or entity.

We may require you to verify certain account information where reasonably necessary to protect the security, integrity, or lawful operation of the Services.

You may delete your account at any time using the tools made available within the Services or by contacting us where applicable. Deletion of your account does not affect any rights, obligations, or licenses that arose prior to deletion, including those relating to User Content as described in these Terms.

We may suspend, restrict, or terminate your account in accordance with these Terms where reasonably necessary to protect the Services, comply with applicable law, investigate suspected violations, prevent fraud or abuse, or protect the rights, safety, or security of Empathix, our users, or others.

You are responsible for ensuring that your use of the Services is appropriate for your circumstances and intended purposes.

For certain features of the Services, you may create, upload, submit, record, store, transmit, or otherwise make available photographs, videos, audio recordings, species observations, environmental information, timestamps, location information, gameplay information, collections, usernames, profile images, comments, metadata, and other content or information (collectively, “User Content”).

You retain ownership of any intellectual property rights that you hold in your User Content. Except for the rights expressly granted in these Terms, nothing transfers ownership of your User Content to Empathix.

By submitting, uploading, storing, recording, transmitting, or otherwise making User Content available through the Services, you grant Empathix a worldwide, non-exclusive, transferable, sublicensable, royalty-free license to host, store, reproduce, copy, process, analyze, index, organize, adapt where technically necessary, translate, distribute, transmit, display, perform, create derivative works from, and otherwise use your User Content for the purpose of providing, operating, maintaining, securing, supporting, improving, developing, and offering the Services and any current or future products, services, technologies, features, or functionality provided by Empathix.

Without limiting the foregoing, this license includes the right to use User Content to:

• identify, verify, and improve species identification;
• develop, train, validate, evaluate, test, improve, and operate artificial intelligence systems, machine learning models, algorithms, and other automated technologies;
• improve biodiversity knowledge, scientific research, conservation initiatives, environmental education, ecological monitoring, and similar public-interest initiatives;
• provide gameplay, collections, maps, rankings, statistics, recommendations, achievements, competitions, multiplayer experiences, and other features of the Services;
• detect, investigate, and prevent fraud, abuse, security incidents, technical issues, or violations of these Terms;
• comply with applicable law, legal obligations, and regulatory requirements;
• develop, improve, test, and operate current and future products, services, technologies, and functionality offered by Empathix.

For example, this license permits Empathix to use User Content as part of the Services, including species identification, educational content, gameplay, collections, rankings, achievements, community features, contributor recognition, biodiversity information, scientific research, conservation initiatives, artificial intelligence systems, and current or future products, services, technologies, and functionality.

Empathix may combine User Content with content submitted by other users, publicly available information, licensed content, artificial intelligence systems, and other data sources to create, improve, and provide new content, features, products, technologies, educational materials, gameplay experiences, biodiversity insights, and other functionality.

Where reasonably practicable and consistent with the purposes described above, research, analytics, product development, and artificial intelligence development will be performed using aggregated, anonymized, pseudonymized, or de-identified information rather than information that directly identifies individual users.

Empathix may, but is not obligated to, recognize, feature, attribute, or highlight users and their contributions through usernames, profile images, leaderboards, achievements, collections, community features, editorial selections, educational content, species information, or similar features made available through the Services.

Unless expressly agreed otherwise, submitting User Content does not entitle you to any compensation, royalties, ownership interest, revenue sharing, or other payment, even if your User Content is displayed, featured, recognized, or otherwise used in accordance with these Terms.

You acknowledge and agree that nothing in these Terms grants you any ownership or other rights in any artificial intelligence models, machine learning models, algorithms, software, datasets, aggregated information, de-identified information, derived data, statistical information, insights, discoveries, improvements, or other technologies, products, or intellectual property developed, trained, generated, created, or improved by or on behalf of Empathix through the operation of the Services or through the processing of User Content.

You represent and warrant that you own, control, or otherwise have all rights, permissions, licenses, and authority necessary to submit your User Content, to grant the rights described in these Terms, and that your User Content does not violate applicable law or the intellectual property, privacy, publicity, contractual, confidentiality, or other rights of any third party.

You remain solely responsible for your User Content and for the consequences of submitting or making it available through the Services.

Empathix is not obligated to review, monitor, verify, maintain, display, retain, or use any User Content. We may remove, restrict, refuse, disable access to, or delete User Content where reasonably necessary to operate the Services, comply with applicable law, protect biodiversity, investigate suspected violations of these Terms, protect users or third parties, or otherwise safeguard the Services or our legitimate interests.

The rights and licenses granted under this Section continue after your account or these Terms terminate to the extent reasonably necessary to operate, maintain, improve, or protect the Services, preserve gameplay integrity or historical records, support scientific research or conservation initiatives, comply with legal obligations, resolve disputes, enforce these Terms, or otherwise protect the legitimate interests of Empathix, except where applicable law requires otherwise.

The Services may use artificial intelligence, machine learning, automated technologies, third-party data sources, publicly available information, user-generated content, and other technologies to identify species, generate content, provide recommendations, support gameplay, and deliver other features.

Species identifications, descriptions, recommendations, educational content, conservation information, maps, rarity classifications, and all other information provided through the Services are intended for informational, educational, and recreational purposes only.

Although we continually seek to improve the quality and accuracy of the Services, we do not guarantee that any identification, recommendation, classification, description, observation, map, location, conservation status, educational content, or other information provided through the Services is accurate, complete, reliable, current, or suitable for any particular purpose.

Artificial intelligence systems and other automated technologies may produce incorrect, incomplete, inconsistent, misleading, or outdated results. Species distributions, taxonomy, conservation status, environmental conditions, and other information may change over time or vary between locations.

You are solely responsible for independently evaluating any information provided through the Services before relying upon it or taking any action.

Without limiting the foregoing, you must not rely on the Services as the sole basis for decisions relating to:

• identifying whether any mushroom, plant, berry, fungus, animal, insect, marine organism, or other species is edible, poisonous, venomous, toxic, protected, endangered, or otherwise safe;
• medical, veterinary, health, or emergency decisions;
• treatment of humans or animals;
• handling wildlife or potentially dangerous species;
• navigation, survival, rescue, or emergency situations;
• legal, regulatory, conservation, land management, hunting, fishing, or environmental compliance decisions;
• any activity where inaccurate information could result in injury, illness, death, environmental harm, property damage, or other loss.

If you require professional advice, you should consult an appropriately qualified professional or the relevant authorities.

Nothing in the Services constitutes medical, veterinary, legal, scientific, environmental, nutritional, emergency, or other professional advice.

The Services may include information contributed by users, generated by artificial intelligence, obtained from third-party providers, or derived from publicly available sources. Empathix is not responsible for the accuracy, completeness, legality, availability, or reliability of such information.

Empathix may update, modify, replace, suspend, or discontinue any artificial intelligence models, technologies, data sources, species information, classifications, recommendations, or related functionality at any time.

The Services may include gameplay features, competitions, multiplayer experiences, leaderboards, achievements, collections, species cards, rarity classifications, experience points (XP), levels, badges, rewards, statistics, rankings, challenges, events, and other digital or virtual features (collectively, “Gameplay Features”).

Gameplay Features are provided solely for entertainment, educational, and recreational purposes. Unless expressly stated otherwise, they have no monetary value, are not redeemable for money or other property, and do not constitute property or vested rights.

Empathix may create, modify, suspend, replace, rebalance, reset, remove, or discontinue any Gameplay Features at any time, including scoring systems, rarity classifications, collections, achievements, leaderboards, rewards, progression systems, competitions, events, and other gameplay mechanics, with or without notice, to the extent permitted by applicable law.

Your progress, achievements, collections, rankings, experience points (XP), rewards, virtual items, gameplay statistics, and other Gameplay Features may change over time as a result of updates, balancing, corrections, moderation, bug fixes, account actions, technical issues, or other operational, security, or product-related reasons.

Participation in competitions, multiplayer experiences, challenges, or community activities is voluntary. You are solely responsible for your conduct while participating and must not place yourself or others at risk in order to obtain species observations, achievements, rankings, rewards, or other Gameplay Features.

Empathix may suspend, remove, adjust, invalidate, or refuse Gameplay Features where reasonably necessary to maintain fairness, investigate suspected cheating or abuse, correct technical errors, enforce these Terms, protect users, or preserve the integrity of the Services.

Unless expressly stated otherwise, Gameplay Features are personal to your account and may not be transferred, assigned, sold, licensed, exchanged, inherited, or otherwise transferred to another person or entity.

Empathix does not guarantee the continuous availability, accuracy, fairness, or uninterrupted operation of Gameplay Features, competitions, rankings, multiplayer experiences, or other interactive functionality.

Nothing in the Services obligates Empathix to continue offering any Gameplay Feature, competition, event, reward, progression system, or virtual content for any period of time.

The Services may include free and paid features, subscriptions, family subscriptions, premium services, digital content, one-time purchases, sponsored experiences, promotional offers, or other commercial offerings (collectively, “Paid Services”).

The availability, features, pricing, eligibility, benefits, and functionality of Paid Services may vary by country, platform, device, subscription type, promotional offer, or other factors and may change over time.

Unless expressly stated otherwise, purchases made through third-party application marketplaces or payment providers are subject to the applicable terms and conditions of those providers, including their billing, payment, renewal, cancellation, and refund policies.

You are responsible for providing valid payment information where required and for paying all applicable fees, taxes, and other charges associated with your use of Paid Services.

Subscriptions may automatically renew unless cancelled before the applicable renewal date, where permitted by applicable law and the terms of the relevant payment provider.

Empathix may introduce, modify, suspend, replace, discontinue, or limit any Paid Service, pricing, subscription plan, promotional offer, or commercial feature at any time, to the extent permitted by applicable law.

Unless otherwise required by applicable law or the policies of the applicable payment provider, fees paid for Paid Services are non-refundable.

Failure to pay applicable fees, payment failures, chargebacks, fraudulent transactions, or other payment-related issues may result in the suspension, limitation, or termination of access to some or all Paid Services.

Nothing in these Terms guarantees that any Paid Service, subscription plan, promotional offer, pricing structure, or commercial feature will remain available for any particular period of time.

The Services, including all software, technology, artificial intelligence systems, algorithms, databases, source code, object code, application programming interfaces (APIs), designs, user interfaces, graphics, illustrations, artwork, animations, audio, video, text, educational materials, species cards, digital cards, gameplay assets, virtual content, collections, maps, trademarks, logos, trade names, service marks, branding, documentation, and all other content, functionality, and intellectual property provided by or on behalf of Empathix through the Services (collectively, “Empathix Content”) are owned by or licensed to Empathix and are protected by applicable intellectual property and other laws.

Except for the limited right to access and use the Services in accordance with these Terms, nothing in these Terms grants you any ownership, license, or other right in or to any Empathix Content.

Species cards, digital cards, gameplay assets, educational content, illustrations, graphics, virtual content, achievements, rankings, collections, and other content created, generated, or made available by Empathix as part of the Services are and remain the exclusive property of Empathix or its licensors, regardless of whether they incorporate, reference, or are derived from User Content, publicly available information, licensed content, artificial intelligence systems, or other data sources.

For clarity, nothing in these Terms grants you any ownership of or rights in any artificial intelligence systems, machine learning models, algorithms, software, datasets, databases, derived data, aggregated information, de-identified information, statistical information, discoveries, insights, improvements, technologies, or other intellectual property developed, trained, generated, created, adapted, or improved by or on behalf of Empathix through the operation of the Services.

Nothing in these Terms transfers to you any ownership of or rights in any content, databases, datasets, software, technologies, or other intellectual property licensed to or used by Empathix from third parties.

Except to the extent expressly permitted by applicable law or these Terms, you may not copy, reproduce, modify, adapt, translate, distribute, publish, display, perform, create derivative works from, reverse engineer, decompile, disassemble, scrape, extract, mine, license, sublicense, sell, rent, lease, assign, commercially exploit, or otherwise use any Empathix Content without our prior written permission.

Nothing in these Terms limits any rights you may have under applicable law with respect to your own User Content.

Any rights not expressly granted to you under these Terms are reserved by Empathix and its licensors.

Empathix welcomes feedback, ideas, suggestions, feature requests, enhancement proposals, comments, bug reports, corrections, ratings, reviews, and other communications relating to the Services (collectively, “Feedback”).

You are not required to provide Feedback, and any Feedback you choose to submit is entirely voluntary.

By submitting Feedback, you grant Empathix a worldwide, perpetual (or for the maximum period permitted by applicable law), irrevocable (to the fullest extent permitted by applicable law), non-exclusive, transferable, sublicensable, royalty-free license to use, reproduce, modify, adapt, publish, distribute, translate, create derivative works from, implement, commercialize, and otherwise use such Feedback for the purposes of developing, improving, operating, maintaining, supporting, commercializing, and providing the Services and any current or future products, services, technologies, or functionality offered by Empathix.

You acknowledge that Feedback may be used to develop, improve, test, operate, maintain, support, commercialize, or discontinue current or future products, services, technologies, artificial intelligence systems, gameplay features, educational content, research initiatives, conservation initiatives, or other functionality.

You further acknowledge that Empathix may already be developing, or may in the future independently develop, acquire, license, or commercialize products, services, technologies, functionality, or features that are similar or identical to any Feedback you submit. Nothing in these Terms limits Empathix’s right to independently develop, acquire, license, or commercialize such products, services, technologies, functionality, or features.

Nothing in these Terms obligates Empathix to review, implement, acknowledge, respond to, or use any Feedback.

To the extent permitted by applicable law, you agree that you will not be entitled to any compensation, royalties, attribution, approval, ownership interest, or other consideration arising from Empathix’s use or non-use of Feedback submitted by you.

Your safety, the safety of others, and the protection of nature must always take priority over your use of the Services.

You are solely responsible for your decisions, actions, and conduct while using the Services. You use the Services entirely at your own risk.

The Services are intended to encourage curiosity, learning, exploration, appreciation, and responsible interaction with nature. They are not intended to encourage unsafe behavior, unnecessary risk-taking, trespassing, disturbance of wildlife, environmental damage, or violations of applicable law.

You must always use your own judgment and remain aware of your surroundings while using the Services. Do not allow the Services, your device, gameplay, competitions, or other features to distract you from hazards or interfere with your ability to act safely.

You must not use the Services while driving, cycling, operating machinery, or engaging in any activity that requires your full attention, except where such use can be done safely and lawfully.

You are responsible for complying with all applicable laws, regulations, permits, access restrictions, protected area requirements, conservation rules, property rights, and other rules governing the places where you choose to use the Services.

You must not enter private property without permission or access restricted, prohibited, or otherwise unsafe locations, including construction sites, railway tracks, active roadways, cliffs, unstable terrain, bodies of water, hazardous environments, or other areas where access may be unlawful or dangerous.

You are expected to respect wildlife, habitats, ecosystems, vegetation, cultural heritage, and the natural environment while using the Services. You should leave places as you found them and avoid causing unnecessary disturbance, damage, pollution, or environmental impact.

You must not disturb, harass, capture, handle, feed, pursue, remove, collect, damage, or otherwise interfere with wildlife, plants, fungi, habitats, ecosystems, or natural or cultural heritage except where permitted by applicable law and undertaken safely and responsibly.

You are responsible for taking appropriate precautions against environmental, biological, and health risks associated with outdoor activities. Such risks may include adverse weather conditions, floods, storms, lightning, extreme temperatures, tides, currents, waves, ice, avalanches, rockfalls, cliffs, insects, ticks, bites, stings, venomous or poisonous animals, toxic or poisonous plants, mushrooms, fungi, allergens, infectious diseases, and other natural hazards that may be present.

You are responsible for assessing weather conditions, forecasts, visibility, daylight, terrain, water conditions, seasonal conditions, and other environmental factors before and during any outdoor activity. Conditions may change rapidly and may differ significantly between locations.

You are responsible for ensuring that you have appropriate clothing, equipment, supplies, skills, experience, and physical ability for the environment and activities you choose to undertake while using the Services.

You should follow official weather forecasts, emergency alerts, hazard warnings, closures, restrictions, evacuation orders, safety recommendations, and other guidance issued by relevant authorities, emergency services, landowners, or land managers.

The Services are not intended to provide weather forecasts, emergency alerts, hazard warnings, navigation, route planning, rescue assistance, or safety advice. You should obtain such information from appropriate official sources before and during outdoor activities.

No species observation, achievement, ranking, competition, reward, challenge, or other Gameplay Feature is ever worth risking your safety, the safety of others, the welfare of wildlife, or violating applicable law.

Children should use the Services only with the involvement, permission, or supervision of a parent, legal guardian, educator, or other responsible adult, as appropriate for the child’s age, maturity, the activity being undertaken, and applicable law.

If you believe that using the Services may place you or another person at risk, you should immediately stop using the Services and prioritize safety over continued use.

The Services may integrate with, access, display, rely upon, or otherwise make available third-party services, software, applications, websites, platforms, products, payment providers, artificial intelligence providers, mapping services, biodiversity databases, cloud services, authentication providers, analytics providers, content providers, or other third-party resources (collectively, “Third-Party Services”).

Third-Party Services are owned, operated, and controlled by independent third parties and are subject to their own terms, conditions, privacy policies, licenses, and business practices. Your access to or use of any Third-Party Service may therefore be subject to additional terms established by the applicable third party.

Empathix does not own, operate, or control Third-Party Services and does not warrant or represent that any Third-Party Service will be available, accurate, complete, reliable, secure, lawful, uninterrupted, or suitable for any particular purpose.

The inclusion, integration, or availability of any Third-Party Service within the Services does not constitute an endorsement, sponsorship, recommendation, certification, partnership, or guarantee by Empathix.

Third-Party Services may be modified, suspended, restricted, replaced, or discontinued at any time by the applicable third party. Empathix is not responsible for any interruption, inaccuracy, incompatibility, data loss, loss of functionality, security incident, or other consequences resulting from the availability, operation, modification, or discontinuation of any Third-Party Service.

Where the Services contain links to third-party websites, applications, products, services, or other resources, those links are provided solely for your convenience. Your access to and use of such resources is entirely at your own risk, and Empathix is not responsible for their content, products, services, or practices.

Nothing in these Terms limits any rights you may have under applicable law with respect to Third-Party Services.

You may not access or use the Services in any manner that violates these Terms, applicable law, or the rights of others.

Without limiting the foregoing, you must not:

• violate any applicable law, regulation, permit, court order, or legal obligation;
• use the Services for any unlawful, fraudulent, deceptive, misleading, abusive, harmful, or malicious purpose;
• impersonate another person or entity, misrepresent your identity, affiliation, or authority, or create fake accounts;
• submit false, manipulated, misleading, or intentionally inaccurate observations, photographs, recordings, locations, or other User Content;
• upload content that infringes the intellectual property, privacy, publicity, confidentiality, or other rights of any person or entity;
• upload viruses, malware, ransomware, spyware, malicious code, or other harmful software;
• interfere with, disrupt, damage, overload, or impair the operation, security, integrity, or availability of the Services or any connected systems or networks;
• attempt to gain unauthorized access to the Services, user accounts, computer systems, databases, networks, or other infrastructure;
• circumvent, disable, interfere with, or attempt to bypass any security measures, authentication systems, access controls, rate limits, or technological protections implemented by Empathix;
• use bots, scripts, automation, artificial means, exploits, cheats, or unauthorized software to access or interact with the Services except where expressly permitted by Empathix;
• scrape, harvest, extract, copy, mine, download, index, or otherwise collect data, content, observations, or other information from the Services except where expressly authorized by Empathix;
• reverse engineer, decompile, disassemble, decode, modify, or attempt to derive the source code, algorithms, models, or underlying technology of the Services except where such restrictions are prohibited by applicable law;
• interfere with gameplay, rankings, competitions, multiplayer experiences, achievements, rewards, or other Gameplay Features through cheating, exploitation of bugs, manipulation, collusion, account sharing, or other unfair conduct;
• create multiple accounts or engage in coordinated activity for the purpose of manipulating rankings, rewards, competitions, statistics, or other Gameplay Features;
• use the Services to harass, threaten, intimidate, stalk, discriminate against, exploit, or otherwise harm another person or group;
• upload or distribute content that is unlawful, defamatory, obscene, hateful, discriminatory, violent, sexually explicit, or otherwise objectionable;
• use the Services to collect personal information about other users except where expressly permitted through the Services;
• use the Services in any way that could endanger yourself, other people, wildlife, habitats, ecosystems, or the natural environment;
• disturb, damage, remove, collect, trade, or unlawfully possess wildlife, plants, fungi, or natural or cultural heritage while using the Services;
• use the Services in any manner that could damage the reputation, security, lawful operation, or legitimate interests of Empathix or the Services.

You must not encourage, assist, facilitate, or instruct another person to engage in any activity prohibited by these Terms.

Empathix may investigate suspected violations of these Terms and may take any action reasonably necessary to protect the Services, users, third parties, wildlife, the environment, or our legitimate interests, including removing User Content, restricting functionality, suspending accounts, terminating access, reporting unlawful activity to competent authorities, or pursuing any other remedies available under applicable law.

You may stop using the Services at any time.

Empathix may suspend, restrict, disable, or terminate your access to all or part of the Services, with or without notice where permitted by applicable law, if we reasonably believe that:

• you have violated these Terms or applicable law;
• your use of the Services poses a security, legal, operational, or technical risk;
• your account has been compromised or is being used without authorization;
• you have engaged in fraud, abuse, cheating, manipulation, or other prohibited conduct;
• suspension or termination is necessary to protect the Services, other users, third parties, wildlife, the environment, or the legitimate interests of Empathix; or
• we are otherwise required or permitted to do so under applicable law.

Where reasonably practicable and appropriate, we may suspend or limit access to specific features instead of terminating your entire account.

We may remove or disable access to User Content where reasonably necessary to comply with applicable law, protect the Services, enforce these Terms, respond to legal requests, investigate suspected violations, or protect users, third parties, wildlife, or the environment.

You may delete your account at any time through the tools made available within the Services or by contacting us where applicable. Deleting your account does not automatically cancel any subscription managed through a third-party payment provider. Such subscriptions must be cancelled through the applicable payment provider in accordance with its terms.

Termination or suspension of your account does not affect any rights, obligations, licenses, permissions, or provisions of these Terms that by their nature are intended to survive termination, including provisions relating to intellectual property, User Content, Feedback, disclaimers, limitation of liability, indemnification, dispute resolution, and any accrued rights or obligations.

Empathix may discontinue all or part of the Services at any time. Where reasonably practicable and required by applicable law, we will provide appropriate notice before permanently discontinuing material parts of the Services.

Nothing in this Section limits any rights or remedies available to Empathix under applicable law.

To the fullest extent permitted by applicable law, the Services are provided “as is,” “as available,” and “with all faults,” without any warranties, representations, guarantees, or conditions of any kind, whether express, implied, statutory, or otherwise.

Without limiting the foregoing, Empathix does not warrant or represent that:

• the Services will always be available, uninterrupted, secure, reliable, accurate, complete, current, or error-free;
• species identifications, artificial intelligence outputs, educational content, recommendations, maps, conservation information, Gameplay Features, competitions, rankings, collections, digital cards, observations, or any other content provided through the Services are accurate, complete, reliable, current, or suitable for any particular purpose;
• defects, vulnerabilities, bugs, inaccuracies, or errors will be detected, corrected, or prevented;
• the Services will meet your expectations, requirements, or intended purposes;
• the Services will be compatible with every device, operating system, browser, network, platform, or Third-Party Service;
• User Content, Third-Party Services, or third-party content will always be accurate, complete, available, lawful, secure, or reliable; or
• the Services will be free from interruptions resulting from maintenance, updates, technical failures, cyberattacks, failures of Third-Party Services, Force Majeure events, governmental actions, natural disasters, or other circumstances beyond our reasonable control.

Certain features of the Services may be offered as beta, preview, early access, experimental, or test features. Such features may be incomplete, modified, suspended, discontinued, or subject to additional errors, interruptions, or limitations. Your use of such features is entirely voluntary and at your own risk.

The Services are intended solely for informational, educational, recreational, and entertainment purposes and should not be relied upon as the sole basis for making decisions involving safety, health, wildlife, travel, or outdoor activities.

No information, content, communication, recommendation, species identification, artificial intelligence output, educational material, Gameplay Features, customer support response, or other information made available through the Services creates any warranty, representation, guarantee, professional advice, or professional relationship unless expressly stated by Empathix in writing.

You acknowledge that exploring nature, observing wildlife, identifying species, participating in Gameplay Features, travelling, and engaging in outdoor activities involve inherent risks that cannot be eliminated by the Services.

Some jurisdictions do not allow the exclusion or limitation of certain warranties. Where applicable law does not permit a particular disclaimer, that disclaimer applies only to the maximum extent permitted by applicable law.

To the fullest extent permitted by applicable law, Empathix, its affiliates, licensors, partners, suppliers, service providers, directors, officers, employees, contractors, and representatives shall not be liable for any indirect, incidental, consequential, exemplary, punitive, special, or similar damages arising out of or relating to the Services or these Terms, whether based in contract, tort (including negligence), strict liability, statute, or any other legal theory, even if advised of the possibility of such damages.

Without limiting the foregoing, Empathix shall not be liable for any loss of profits, revenue, income, business opportunities, goodwill, reputation, anticipated savings, contracts, customers, loss, corruption, or unavailability of data, User Content, digital content, Gameplay Features, virtual items, digital cards, rankings, achievements, collections, species observations, or any other intangible losses.

To the fullest extent permitted by applicable law, Empathix shall not be liable for any personal injury, illness, allergic reaction, poisoning, envenomation, infection, disease, death, property damage, environmental damage, financial loss, or other harm arising out of or relating to:

• your access to, use of, inability to use, or reliance upon the Services;
• species identifications, artificial intelligence outputs, educational content, recommendations, maps, observations, Gameplay Features, or other information provided through the Services;
• outdoor activities, wildlife encounters, environmental conditions, weather, terrain, natural hazards, falling trees, poisonous or venomous animals, toxic or poisonous plants, mushrooms, fungi, insects, ticks, bites, stings, allergens, infectious diseases, or other conditions encountered while using the Services;
• User Content, Third-Party Services, or third-party content;
• interruptions, delays, outages, maintenance, security incidents, cyberattacks, technical failures, unauthorized access, corruption, loss, or unavailability of data, or failures of Third-Party Services;
• beta, preview, early access, experimental, or test features;
• the actions or omissions of other users or third parties; or
• any circumstances beyond the reasonable control of Empathix.

To the fullest extent permitted by applicable law, Empathix’s total aggregate liability arising out of or relating to the Services or these Terms shall not exceed the amount paid by you directly to Empathix for the Services during the twelve (12) months immediately preceding the event giving rise to the claim or, if you have not paid Empathix for the Services, the minimum amount permitted under applicable law.

The exclusions and limitations of liability set out in these Terms apply to the fullest extent permitted by applicable law regardless of the form of action, the legal theory asserted, or whether any remedy fails of its essential purpose.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited under applicable law, including liability for fraud, fraudulent misrepresentation, willful misconduct, gross negligence where applicable, death or personal injury to the extent such liability cannot lawfully be excluded, or any other liability that applicable law prohibits from being excluded or limited.

To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless Empathix, its affiliates, licensors, partners, suppliers, service providers, directors, officers, employees, contractors, and representatives from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable legal fees, arising out of or relating to:

• your violation of these Terms or applicable law;
• your User Content;
• your infringement of any intellectual property or other rights of a third party; or
• your fraudulent, intentional, or negligent misconduct in connection with the Services.

Empathix reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to reasonably cooperate with us in the defense or settlement of such matter.

This Section applies only to the extent permitted by applicable law and does not require you to indemnify Empathix where such indemnification is prohibited or limited under mandatory consumer protection or other applicable laws.

Empathix shall not be liable for any delay, interruption, failure, or inability to perform any obligation under these Terms to the extent caused by circumstances beyond our reasonable control.

Such circumstances may include natural disasters or other acts of God, severe weather events, floods, storms, wildfires, earthquakes, volcanic activity, pandemics, epidemics, public health emergencies, war, armed conflict, terrorism, civil unrest, riots, labor disputes, strikes, governmental actions, changes in law, court orders, sanctions, embargoes, failures of utilities or telecommunications, internet outages, failures of cloud providers, hosting providers, payment providers, artificial intelligence providers, mapping providers, biodiversity databases, authentication providers, analytics providers, or other Third-Party Services, cyberattacks, denial-of-service attacks, power outages, supply chain disruptions, or any other event beyond our reasonable control.

During a Force Majeure event, Empathix may suspend, delay, limit, modify, or discontinue all or part of the Services to the extent reasonably necessary.

Empathix will use commercially reasonable efforts to resume normal operation of the Services as soon as reasonably practicable following the end of the Force Majeure event.

Nothing in this Section excludes or limits any rights or remedies that cannot lawfully be excluded or limited under applicable law.

These Terms, your access to and use of the Services, and any dispute, claim, or controversy arising out of or relating to the Services or these Terms shall be governed by and construed in accordance with the laws of Norway, without regard to its conflict of laws principles.

Nothing in these Terms limits or excludes any mandatory consumer rights or protections that apply under the laws of your country of residence where such rights cannot lawfully be excluded or limited.

The parties shall use reasonable efforts to resolve any dispute arising out of or relating to these Terms through good-faith discussions before initiating formal legal proceedings.

If a dispute cannot be resolved through good-faith discussions, the dispute shall be submitted to the ordinary courts of Norway, unless applicable law requires otherwise.

Unless mandatory law provides otherwise, the District Court of Agder (Agder tingrett) shall have exclusive jurisdiction as the court of first instance.

Nothing in this Section prevents either party from seeking interim, injunctive, or other equitable relief before a court of competent jurisdiction where necessary to protect its rights or interests.

If any provision of this Section is found to be unenforceable under applicable law, the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.

Empathix continuously develops, improves, and evolves the Services. Accordingly, we may add, modify, replace, suspend, limit, or discontinue features, functionality, content, technologies, Gameplay Features, artificial intelligence systems, integrations, or any other part of the Services at any time.

We may also update these Terms from time to time to reflect changes in the Services, applicable law, business practices, security requirements, technological developments, or other legitimate operational reasons.

Where required by applicable law, or where changes materially affect your rights or obligations, we will provide reasonable notice before the updated Terms become effective. Such notice may be provided through the Services, by email, or through other reasonable means.

Unless otherwise stated, updated Terms become effective upon their stated effective date. Your continued access to or use of the Services after the effective date constitutes your acceptance of the updated Terms to the extent permitted by applicable law.

If you do not agree to the updated Terms, you must stop using the Services and, where applicable, may delete your account in accordance with these Terms.

Nothing in this Section limits any rights you may have under mandatory applicable law.

These Terms constitute the entire agreement between you and Empathix regarding your access to and use of the Services and supersede all prior or contemporaneous agreements, communications, representations, and understandings relating to the same subject matter.

If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the remaining provisions shall remain in full force and effect.

Any failure or delay by Empathix to exercise or enforce any right or provision under these Terms shall not constitute a waiver of that right, provision, or any other rights or remedies.

You may not assign, transfer, delegate, sublicense, or otherwise dispose of any rights or obligations under these Terms without the prior written consent of Empathix.

Empathix may assign, transfer, delegate, sublicense, or otherwise transfer its rights or obligations under these Terms, in whole or in part, including in connection with a merger, acquisition, corporate reorganization, financing, investment, sale of assets, or by operation of law.

Section headings are included solely for convenience and do not affect the interpretation of these Terms.

Unless the context requires otherwise, the words “including,” “include,” and “includes” shall be interpreted to mean “including without limitation.”

Nothing in these Terms shall be construed as creating any partnership, joint venture, agency, employment, fiduciary, franchise, or similar relationship between you and Empathix.

Except where expressly required by applicable law, these Terms do not confer any rights or remedies upon any person or entity that is not a party to these Terms.

Any provisions of these Terms which by their nature should survive suspension, termination, or expiration of your access to the Services shall survive, including, without limitation, provisions relating to intellectual property, User Content, Feedback, payments, disclaimers, limitation of liability, indemnification, governing law, dispute resolution, and any accrued rights or obligations.

Electronic communications, notices, agreements, records, and other communications exchanged through the Services or by electronic means satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.

Nothing in these Terms limits any rights or remedies available to either you or Empathix under applicable law unless expressly stated otherwise.

If you have any questions about these Terms, the Services, your account, or your legal rights, you may contact Empathix using the contact information provided below.

Empathix AS
Organization Number: 934 939 530
Kristiansand, Norway

Email: contact@speciefy.com
Website: https://speciefy.com

If applicable law requires us to provide additional contact information for users in particular jurisdictions, such information may be made available through the Services or on our website.

Nothing in this Section limits any rights you may have to contact competent authorities, consumer protection bodies, or supervisory authorities under applicable law.