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AYLA: BIRD HEALTH TRACKING — TERMS OF SERVICE

Last Updated: March 21, 2025

These Terms of Service (these “Terms”) govern your access to and use of Ayla: Bird Health Tracking (the “App”), an iOS application providing AI-based insights and resources to help bird enthusiasts and pet owners monitor and promote avian health. These Terms form a binding legal agreement between you (“you” or the “User”) and FORWARDEV LLC, an Illinois-organized limited liability company (“Company,” “we,” “us,” or “our”).

By downloading, installing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must immediately cease use of the App.

1. Relationship with Apple

1.1 Independent Agreement

These Terms form a legal agreement solely between you and the Company, not with Apple Inc. (“Apple”). Apple is not responsible for the App’s content, maintenance, or support services. Nonetheless, your use of the App must comply with Apple’s App Store Terms and Conditions and any other Apple policies.

1.2 In-App Purchases & Refunds

All in-app purchases or subscription payments are processed via Apple’s payment system. Any request for refunds must be directed to Apple in accordance with Apple’s refund policies. The Company is not authorized to grant or manage refunds on Apple’s behalf.

1.3 Third-Party Beneficiary

You acknowledge and agree that Apple (and its subsidiaries) are third-party beneficiaries of these Terms and have the right to enforce them against you following your acceptance.

2. Eligibility

2.1 Age Requirement (18 or Older)

You must be at least 18 years old—or the age of majority in your jurisdiction—to use the App. By using the App, you represent and warrant that you meet this age requirement and have the legal capacity to enter into a binding contract.

2.2 Reason for Age Restriction

We restrict access to the App to adults in order to comply with applicable contract and child privacy laws. If you become aware of any user under 18, please notify us at support@getayla.ai so we can take appropriate action.

2.3 Compliance with Laws

You agree to comply with all applicable federal, state, local, and international laws and regulations (including those governing veterinary services, consumer protection, and data privacy) when accessing or using the App.

3. Description of Services

3.1 Scope of the Services

Ayla: Bird Health Tracking is an iOS application that provides AI-based insights and tools to help bird enthusiasts and pet owners log, track, and monitor avian health. You can submit data—such as photos, notes, or other health-related details—to receive informational insights on trends, patterns, or risk indicators.

3.2 Non-Professional, Informational Use

All suggestions or assessments generated by Ayla’s AI are provided for informational purposes only. The App’s accuracy may depend on the quality and completeness of the data you provide. No veterinarian-client relationship is established, and it is not a substitute for professional advice, diagnosis, or treatment by a licensed veterinarian.

3.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of the App at any time, with or without notice. We are not liable to you or any third party for modifications or discontinuation of service.

4. Account Registration

4.1 Registration and Accuracy

Some features of the App may require creating a user account. You agree to provide accurate, current, and complete information during registration and to keep that information updated.

4.2 Account Security

You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. Notify us immediately at support@getayla.ai if you suspect any unauthorized use. The Company is not liable for any losses resulting from unauthorized use of your account credentials.

5. In-App Purchases, Subscriptions, and Payment

5.1 Paid Features

Certain features in the App may be accessible only through in-app purchases or subscription plans. The fees, payment schedules, and covered features will be clearly stated within the App interface.

5.2 Automatic Renewal

Unless otherwise specified, subscriptions automatically renew at the end of each billing cycle. You can disable auto-renewal in your Apple ID account settings at least 24 hours before the current period ends.

5.3 Billing and Refunds

All billing and transactions are processed by Apple, and we do not handle refunds directly. For inquiries regarding charges or refunds, please contact Apple according to its established refund procedures.

5.4 Price Changes

We reserve the right to modify subscription fees or prices for in-app purchases. If we do, we will provide prior notice, and the new fees will apply to subsequent billing cycles unless you cancel before the changes take effect.

6. User Conduct and User-Generated Content

6.1 Prohibited Activities

You agree not to:

  • Violate any applicable laws or regulations.
  • Post or transmit unlawful, infringing, harassing, or otherwise objectionable content.
  • Impersonate another person or entity or misrepresent your affiliation.
  • Introduce viruses, malware, or other harmful code.
  • Interfere with or disrupt the App, its servers, or networks.
  • Collect personal data from other users without their explicit consent.

6.2 User-Generated Content

Ownership: You retain all ownership rights to any photos, videos, or text (“User Content”) you upload.

License to Company: By submitting User Content, you grant the Company a non-exclusive, worldwide, royalty-free, irrevocable, transferable, and sub-licensable license to use, display, reproduce, distribute, and adapt your content for operational and promotional purposes related to the App.

Representations: You represent and warrant that your User Content does not violate any third-party rights or laws, and that you have all necessary permissions to upload the content.

7. Intellectual Property

7.1 Company IP

All proprietary content made available within the App—excluding User Content—such as text, graphics, logos, interfaces, and software, is owned by or licensed to the Company and is protected by intellectual property laws. You shall not copy, modify, or create derivative works without the Company’s express prior written consent.

7.2 Feedback

If you provide any suggestions, ideas, or feedback, you grant the Company a perpetual, royalty-free, irrevocable license to use and incorporate such feedback without further obligation to you.

8. Third-Party Services and Links

The App may contain links to or integrations with third-party websites or services not owned or controlled by the Company. We are not responsible for the content, privacy practices, or policies of these third parties. Your use of such third-party services is at your own risk and is subject to their respective terms.

9. Privacy Policy

Your use of the App is also governed by our Privacy Policy, which describes how we collect, use, share, and protect your personal information. By using the App, you acknowledge that you have read and understand our Privacy Policy.

10. Disclaimer of Warranties

10.1 AS IS; AS AVAILABLE TO THE FULLEST EXTENT PERMITTED BY LAW, THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.2 No Guarantee of Accuracy

We do not warrant that:

  • The App’s AI-based recommendations will be accurate, complete, or reliable.
  • The App will be uninterrupted, error-free, or secure.
  • Any defects will be corrected in a timely manner.

11. Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, THE COMPANY AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE APP. IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU FOR THE APP (IF ANY) IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).

12. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses (including attorneys’ fees) arising out of or relating to:

  • Your misuse of the App;
  • Your breach of these Terms;
  • Your User Content;
  • Your violation of any third-party rights or applicable laws.

13. Termination

We reserve the right to suspend or terminate your account or access to the App at any time, for any reason or no reason, with or without notice. Upon termination, all rights granted to you under these Terms shall cease. Provisions that by their nature should survive termination (e.g., disclaimers, limitations of liability) will remain in effect.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms and any dispute arising out of or related to them shall be governed by and construed in accordance with the laws of the State of Illinois and applicable federal laws of the United States, without regard to conflict-of-law principles.

14.2 Venue

Any suit or proceeding arising out of or relating to these Terms or the App shall be brought exclusively in the state or federal courts located in [Your County], Illinois. You hereby submit to the personal jurisdiction and venue of such courts and waive any objection to inconvenient forum.

14.3 No Class or Consolidated Actions; Individual Actions Only

Any legal action arising out of or relating to these Terms or the App must be filed and conducted solely on an individual basis. Class, collective, or consolidated actions—including private attorney general actions—are not permitted.

15. Miscellaneous

15.1 Changes to Terms

We may revise these Terms at any time. If we make material changes, we will notify you by posting the updated Terms in the App or through another suitable method. Your continued use of the App after such changes constitutes acceptance of the revised Terms.

15.2 Severability

If any provision of these Terms is deemed invalid or unenforceable, that provision shall be severed, and the remaining provisions shall remain in full force and effect.

15.3 No Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert a right or provision does not constitute a waiver of that right or provision.

15.4 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company regarding the App and supersede all prior or contemporaneous communications.

15.5 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms at our discretion.

15.6 Contact Us

If you have any questions about these Terms, please contact us at: support@getayla.ai