End-User Licence Agreement

This End-User Licence Agreement (the "EULA") is a legal agreement between you and Spotzo, operated by Usu Peritus Studio ("Spotzo", "we", "us" or "our"), for the Spotzo mobile application, including its on-device machine-learning model, artwork, data and any updates (together, the "App").

By installing or using the App you agree to this EULA, to our Terms of Service and to our Privacy Policy. If you do not agree, do not install or use the App. This EULA supplements the Terms of Service; if they conflict about the licence to the App, this EULA governs. If you obtain the App from Google Play, the Google Play Terms of Service also apply, and where they conflict with this EULA about distribution or your relationship with Google, the Google Play terms control.

1. Licence grant

Subject to your compliance with this EULA and the Terms of Service, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to download, install and use the App, in object-code form only, on mobile devices that you own or control, solely for your own non-commercial entertainment. Where the App is distributed through an app store, this licence is also subject to the usage rules of that store.

The App is licensed, not sold. You acquire no ownership interest in the App or in any copy of it.

2. Restrictions

Except as expressly permitted by this EULA or by law that cannot be excluded, you may not, and may not permit anyone else to:

• copy, modify, adapt, translate or create derivative works of the App or any part of it;
• reverse-engineer, decompile, disassemble or otherwise attempt to derive the source code, algorithms or structure of the App;
• extract, copy, retrain, fine-tune, distil, benchmark for competitive purposes, or otherwise exploit the on-device species-identification model, its weights or its label data;
• extract, scrape or redistribute the species artwork, card designs, icons, sounds, text or other content of the App outside the App;
• rent, lease, lend, sell, sublicense, distribute, publish or make the App available over a network to third parties;
• remove, alter or obscure any copyright, trademark or other proprietary notice;
• circumvent or interfere with any security, licensing, entitlement or anti-cheat mechanism, or use the App with modified system software, emulators, location-spoofing or automation tools (see §5 of the Terms);
• use the App to develop a competing product, or in any unlawful manner or for any unlawful purpose.

3. Ownership

The App — including its software, on-device model, artwork, card designs, data, trademarks and all intellectual-property rights in them — is and remains the exclusive property of Spotzo and its licensors. All rights not expressly granted to you are reserved. Third-party and open-source components included in the App are licensed under their own terms, which are available in the App or on request; some emoji artwork is provided by Twemoji under the CC-BY 4.0 licence.

Any feedback, suggestions or ideas you give us about the App may be used by us freely and without obligation to you.

4. Your content and data

You keep ownership of the photos you take and the content you create with the App. The App identifies species on your device; photos are not uploaded to us for identification. What information the App collects, and the limited licence you grant us so the Services can function, are set out in the Privacy Policy and §8 of the Terms of Service.

5. Paws and virtual items

Paws (the in-game currency), card frames, themes, streak freezes, hints, subscription benefits and any other in-game goods are licensed to you under this EULA and §10 of the Terms of Service, are not property, have no monetary value, cannot be transferred or cashed out, and may be modified, expired or discontinued by us. Real-money purchases are processed and, where applicable, refunded by the app store under §11 of the Terms.

6. Updates, availability and support

We may release updates that change, add or remove features, content or the AI model, and some updates may be required to keep using the App. Depending on your device settings, updates may install automatically. We may discontinue the App or any feature at any time. We are not obliged to provide maintenance or support, though we aim to keep improving Spotzo; you can reach us at [email protected]. The app store from which you obtained the App has no obligation to provide support or maintenance.

7. Term and termination

This EULA is effective from the moment you install or use the App and continues until terminated. You may terminate it at any time by deleting the App from all your devices (and, if you wish, deleting your account). This EULA terminates automatically, without notice, if you breach any of its terms or the Terms of Service; we may also terminate it if we discontinue the App. On termination you must stop using and delete all copies of the App, and any licences to Paws and virtual items end without compensation, except as required by law. Sections 2, 3 and 8 to 11 survive termination.

8. No warranty

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT IT WILL WORK ON ANY PARTICULAR DEVICE, OR THAT SPECIES IDENTIFICATIONS OR INFORMATION WILL BE ACCURATE. Species identification is a game feature and can be wrong — never rely on it for decisions about your safety.

Nothing in this EULA excludes or limits any warranty, guarantee or right that cannot be excluded or limited under the law that applies to you, including consumer-protection law in the EU, UK and elsewhere.

9. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, SPOTZO, ITS OPERATOR AND THEIR OWNERS, EMPLOYEES, CONTRACTORS, LICENSORS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, DATA, CONTENT OR GOODWILL, ARISING OUT OF OR RELATED TO THE APP OR THIS EULA, HOWEVER CAUSED. OUR TOTAL LIABILITY UNDER THIS EULA WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID FOR THE APP AND ITS CONTENT IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND FIFTY US DOLLARS (US$50).

These limitations do not apply to liability that cannot be limited by law, including liability for death or personal injury caused by negligence, for fraud, or for gross negligence or wilful misconduct, and they do not affect your statutory rights as a consumer.

10. Legal compliance

You represent that you are not located in a country subject to comprehensive sanctions and are not a sanctioned or restricted person, and you agree to comply with all applicable export-control and sanctions laws when using the App. You must also comply with all applicable local laws — including wildlife-protection, trespass and privacy laws — while using the App in the real world (see §6 of the Terms).

11. Governing law and disputes

This EULA is governed by the laws of the State of Israel, without regard to its conflict-of-law rules. Disputes about this EULA are resolved as set out in §19 (dispute resolution and arbitration, for United States users, including the 30-day opt-out) and §20 (governing law) of the Terms of Service, which apply to this EULA as if set out here. If you are a consumer, you also benefit from any mandatory provisions of the law of the country in which you live.

12. Contact

Questions about this EULA or the licences in the App?

Email: [email protected]
Web: spotzo.app