Effective date: March 7, 2026
These Terms of Use (“Terms”) govern your access to and use of the Smart Bird ID app,
website, and related services (collectively, the “Service”).
The Service is operated by Yellow Cardinal Inc. (“Smart Bird ID”, “we”, “us”, or “our”).
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree,
do not use the Service.
Smart Bird ID is intended for a general audience. Children may use the Service with the supervision
of a parent or guardian. If you are a parent or guardian, you are responsible for supervising the child’s use
of the Service and for any activity conducted through the child’s account or device.
Some features may require you to create an account. You are responsible for maintaining the confidentiality
of your account credentials and for activities that occur under your account. You agree to provide accurate
information and to keep it reasonably up to date.
We may suspend or terminate accounts that violate these Terms, harm other users, create legal risk, or interfere
with the operation of the Service.
You agree not to:
The Service may allow you to upload or submit photos, videos, sound recordings, comments, captions,
sightings, and other materials (“User Content”).
You retain ownership of your User Content. However, by submitting User Content through the Service,
you grant Yellow Cardinal Inc. a worldwide, non-exclusive, royalty-free, transferable, sublicensable license
to host, store, reproduce, modify for technical purposes, adapt, publish, display, distribute, perform,
and use that User Content in connection with operating, improving, promoting, and providing the Service.
This includes displaying your User Content within the app, on the Smart Bird ID website, and on Smart Bird ID’s
official social media and promotional channels.
You represent and warrant that:
We may, but are not required to, monitor, review, moderate, edit, refuse, or remove User Content at our discretion.
Smart Bird ID may include community features. We want the Service to remain respectful, safe, and enjoyable.
We reserve the right to remove content or restrict access to users who misuse community features or violate these Terms.
The Service, including its design, branding, text, graphics, interfaces, logos, software, audio, video,
educational content, quizzes, and other materials provided by us, is owned by or licensed to Yellow Cardinal Inc.
and is protected by intellectual property and other applicable laws.
Except as expressly permitted by these Terms, you may not copy, reproduce, modify, distribute, sell, license,
publicly display, publicly perform, or create derivative works from the Service or its content.
Smart Bird ID may offer subscriptions, premium features, and other in-app purchases through third-party platforms
such as the Apple App Store and Google Play.
We are not responsible for billing practices of third-party platforms.
The Service may integrate with or link to third-party services, websites, or content. We do not control those third parties
and are not responsible for their availability, content, policies, or practices.
The Service is provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied,
including warranties of merchantability, fitness for a particular purpose, non-infringement, and availability.
We do not guarantee that the Service will always be uninterrupted, error-free, secure, or accurate.
Bird identifications, educational content, maps, sightings, and related materials are provided for informational purposes
and may not always be complete, current, or correct.
To the maximum extent permitted by law, Yellow Cardinal Inc. and its directors, officers, employees, contractors,
affiliates, licensors, and service providers shall not be liable for any indirect, incidental, special, consequential,
exemplary, or punitive damages, or for any loss of profits, revenues, data, goodwill, or business opportunities,
arising out of or related to your use of or inability to use the Service.
To the maximum extent permitted by law, our total liability for any claim arising out of or relating to the Service
will not exceed the greater of: (a) the amount you paid us, if any, in the 12 months before the claim arose, or
(b) CAD $100.
You agree to indemnify, defend, and hold harmless Yellow Cardinal Inc. and its affiliates, officers, directors,
employees, contractors, licensors, and service providers from and against claims, liabilities, damages, losses,
and expenses arising out of or related to your User Content, your misuse of the Service, or your violation of these Terms.
We may suspend or terminate your access to the Service at any time, with or without notice, if we believe you have violated
these Terms, created risk for us or others, or for other legitimate business, legal, or safety reasons.
You may stop using the Service at any time. Provisions that by their nature should survive termination will survive,
including provisions relating to User Content licenses, intellectual property, disclaimers, limitations of liability,
indemnification, and dispute-related terms.
We may modify, suspend, or discontinue all or part of the Service at any time. We may also update these Terms from time to time.
If we make material changes, we may provide notice through the Service or by other reasonable means.
Your continued use of the Service after updated Terms become effective means you accept the revised Terms.
These Terms are governed by the laws of the Province of Quebec and the laws of Canada applicable therein,
without regard to conflict of law principles, unless otherwise required by applicable consumer protection law.
If you have questions about these Terms, please contact us at:
hello@smartbirdid.com
