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Terms of Service

Effective Date: February 9, 2025

These Terms of Service (“Terms”) govern your use of the Bushwak mobile application (the “Application”), operated by J. Nye (“Service Provider”, “we”, “us”, or “our”).

By downloading, accessing, or using the Application, you agree to be bound by these Terms. If you do not agree, do not use the Application.

1. Eligibility​

You must be at least 13 years of age to use the Application.

By using the Application, you represent that:

  • You meet the minimum age requirement
  • You have the legal capacity to enter into these Terms

The Application is not intended for children under 13.

2. Description of the Service​

Bushwak is a mobile application designed to allow users to:

  • Record and view wildlife sightings
  • Upload photos related to wildlife observations
  • View sightings on maps and nearby locations

The Application is provided on an “AS IS” and “AS AVAILABLE” basis.

3. Account Registration​

Some features require creating an account.

When creating an account, you agree to:

  • Provide accurate and current information
  • Maintain the security of your account credentials
  • Accept responsibility for all activity under your account

You are responsible for safeguarding your account access.

4. User Content​

4.1 Ownership​

You retain ownership of any content you submit, including photos, sightings, and notes (“User Content”).

By submitting User Content, you grant the Service Provider a non-exclusive, royalty-free, worldwide license to store, display, and process the content solely for the purpose of operating and improving the Application.

4.2 Content Rules​

You agree not to upload, submit, or share User Content that:

  • Contains images of children (strictly prohibited)
  • Intentionally focuses on identifiable individuals
  • Violates privacy, publicity, or other rights of any person
  • Is unlawful, harmful, abusive, or misleading
  • Contains obscene, offensive, or inappropriate material

Adults may appear incidentally in photos (e.g., in the background of an animal sighting). The Application is not intended for photographing people.

The Service Provider reserves the right to remove User Content that violates these Terms or applicable laws.

5. Acceptable Use​

You agree not to:

  • Use the Application for unlawful purposes
  • Attempt to interfere with or disrupt the Application
  • Reverse engineer or attempt to extract source code
  • Circumvent security or access controls
  • Use automated systems to scrape or harvest data

Misuse of the Application may result in account suspension or termination.

6. Advertising and Third-Party Services​

The Application may display advertisements.

Third-party services (such as mapping, analytics, crash reporting, hosting, and advertising providers) may be used to operate the Application. Your use of these services is subject to their respective terms and privacy policies.

The Service Provider is not responsible for third-party services or content.

7. Account Deletion and Termination​

You may delete your account at any time using in-app controls or by contacting contact@bushwak.com.

Account deletion is immediate.

Upon deletion:

  • All account data is permanently removed
  • All uploaded photos, sightings, and associated metadata are permanently deleted
  • All data related to the account is removed through cascading deletion in the database

Once deleted, data cannot be recovered.

The Service Provider may suspend or terminate accounts that violate these Terms or applicable laws.

8. Intellectual Property​

All intellectual property rights in the Application, excluding User Content, are owned by the Service Provider.

You may not copy, modify, distribute, sell, or lease any part of the Application without prior written permission.

9. Disclaimer of Warranties​

The Application is provided “AS IS” and “AS AVAILABLE”, without warranties of any kind.

To the fullest extent permitted by law, the Service Provider disclaims all warranties, including:

  • Merchantability
  • Fitness for a particular purpose
  • Accuracy or reliability of content
  • Availability or uninterrupted operation

Wildlife sightings are user-generated and may be inaccurate or outdated.

10. Limitation of Liability​

To the maximum extent permitted by law, the Service Provider shall not be liable for any indirect, incidental, special, or consequential damages arising out of or related to your use of the Application.

This includes, but is not limited to:

  • Loss of data
  • Loss of access
  • Errors or inaccuracies in sightings or maps

11. Indemnification​

You agree to indemnify and hold harmless the Service Provider from any claims, damages, losses, or expenses arising from:

  • Your use of the Application
  • Your User Content
  • Your violation of these Terms or applicable laws

12. Changes to These Terms​

The Service Provider may update these Terms from time to time.

Material changes will be communicated through the Application or app store listings. Continued use of the Application after changes take effect constitutes acceptance of the revised Terms.

13. Governing Law​

These Terms are governed by the laws of Australia, without regard to conflict of law principles.

14. Contact​

For questions regarding these Terms, contact:

📧 contact@bushwak.com