Terms of Service
Rules and conditions for using Bushwak.
Effective Date: October 2, 2026
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 18 years old and have the legal capacity to enter into these Terms to create or hold a Bushwak account.
Children may explore Bushwak together with a parent or guardian using the adult's account. The adult remains responsible for the account.
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
3. Account Registration
You must create an account to use the Application.
When creating an account, you agree to:
- Provide accurate and current information
- Maintain the security of your account credentials
- Accept responsibility for activity you authorize under your account, subject to applicable law
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. Cost and Third-Party Services
The Application is free to use and does not display advertisements or offer subscriptions or in-app purchases.
We use third-party services for features such as maps, sign-in, data storage, analytics, diagnostics, and email delivery. Their handling of personal data is described in our Privacy Policy.
We do not control independently operated third-party services or content. This does not exclude our responsibility under applicable law for service providers we use to deliver the Application.
7. Account Deletion and Termination
You may delete your account using in-app controls, request deletion on our website, or contact contact@bushwak.com. Deletion includes your account information, sightings, and uploaded photos and is permanent. Completing deletion may take additional time. Our Privacy Policy explains the process and limited retention exceptions.
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
We do not promise uninterrupted availability or that sightings and map information will always be complete, accurate, or up to date. Wildlife sightings are user-generated and may be inaccurate or outdated.
Your statutory rights if the service is defective, and any other mandatory consumer rights, remain unaffected. Our liability is governed by section 10 below.
10. Limitation of Liability
Nothing in these Terms excludes or limits liability for intentional misconduct, gross negligence, fraud, or death, personal injury, or harm to health caused by negligence. Liability under mandatory law, including product liability and data protection law, and liability under any express guarantee we give remain unaffected.
For other losses caused by ordinary negligence, we are liable for breaches of essential contractual obligations, limited to losses that were foreseeable and typical for this type of agreement when it was made. An essential obligation is one necessary to provide the agreed service and on which you can reasonably rely. Liability for ordinary negligence in other cases is excluded, subject to the protections above and your mandatory rights.
These rules also apply where we are legally responsible for the conduct of our representatives or service providers. Nothing in these Terms restricts rights or remedies that cannot lawfully be excluded or limited.
11. Indemnification
You are responsible for losses caused by your intentional or negligent breach of these Terms or applicable law, including infringement of third-party rights through your User Content, only to the extent provided by applicable law.
Any responsibility for third-party claims or legal costs is limited to amounts recoverable under that law and attributable to your breach. You are not responsible for losses to the extent caused by the Service Provider.
12. Changes to These Terms
We may propose updates to these Terms to reflect changes in the law or the Application. We will notify you of material proposed changes by email or through the Application before they are intended to take effect, explaining the changes and the proposed effective date.
Changes to your existing contractual rights or obligations require your express agreement, except where a change is required by law. Continuing to use the Application alone does not constitute acceptance of revised Terms.
If you decline proposed changes, your existing Terms continue to apply unless the agreement is lawfully ended. You may stop using the Application and delete your account as described in section 7. Your mandatory rights remain unaffected.
13. Governing Law
These Terms are governed by the laws of Germany, without regard to conflict of law principles. If you are a consumer, you may have additional mandatory rights under the laws of your country of residence.
14. Contact
For questions regarding these Terms, contact:
📧 contact@bushwak.com