Legal
Terms of Use
Last updated: April 2026 · Effective: April 14, 2026
Please read these Terms of Use ("Terms") carefully before using avianscope.com (the "Site") operated by AvianScope ("we," "us," or "our"). By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree, do not use the Site.
1. Use of the Site
You may use the Site for lawful purposes only. You agree not to:
- Violate any applicable local, national, or international law or regulation.
- Scrape, crawl, or harvest data from the Site without prior written permission from AvianScope.
- Attempt to gain unauthorized access to any part of the Site, its servers, or related systems.
- Transmit any harmful, offensive, or disruptive content.
- Use the Site to infringe the intellectual property rights of AvianScope or any third party.
- Impersonate any person or entity or misrepresent your affiliation with any person or entity.
2. Accounts
Certain features of the Site (such as the operator dashboard and logbook) require you to create an account. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. You must notify us immediately at hello@avianscope.com if you believe your account has been compromised.
3. Digital Product Purchases
AvianScope sells digital products (field guides, checklists, trip planners, logbooks) through its Marketplace. By completing a purchase, you agree to the following:
- License: Upon purchase, you receive a non-exclusive, non-transferable, personal license to download and use the product for your own, non-commercial purposes.
- No resale: You may not resell, redistribute, or share digital products purchased from the Site.
- No refunds: All digital product sales are final due to the instant-delivery nature of downloadable files. If you experience a technical issue with a download, contact us at hello@avianscope.com and we will assist you promptly.
- Download links: Download links are time-limited for security. If your link expires, contact us for a new one.
4. Operator Accounts & Listings
Operators (tour guides, operators, eco-lodges) who create accounts and list experiences on AvianScope agree to the following additional terms:
- Listings must be accurate, legal, and represent services you are authorized to offer.
- You are solely responsible for the delivery of experiences listed on the Site.
- AvianScope does not guarantee bookings or minimum traffic to your listing.
- When integrated payments are enabled (Phase 3), a platform commission will apply as disclosed at that time.
- AvianScope reserves the right to remove any listing that violates these Terms or our community standards.
5. Intellectual Property
All content on the Site — including text, images, graphics, guides, data, and code — is owned by or licensed to AvianScope and is protected by copyright and other intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from any Site content without our prior written permission.
Species data and hotspot data sourced from eBird (Cornell Lab of Ornithology) is used under eBird's data access terms. We make no claim of ownership over this data.
6. Affiliate Links & Third-Party Content
The Site contains affiliate links to third-party retailers. When you click these links and make a purchase, we may receive a commission at no additional cost to you. These links are editorial recommendations, not paid placements. See our Disclosure for full details.
We are not responsible for the content, accuracy, or practices of any third-party sites linked from avianscope.com.
7. Disclaimer of Warranties
The Site and its content are 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, or non-infringement. AvianScope does not warrant that the Site will be uninterrupted, error-free, or that any defects will be corrected.
Species data, hotspot information, and trip planning outputs are provided for informational purposes only. We do not guarantee the accuracy of bird counts, species records, or seasonal forecasts. Always rely on current, local information when planning a birding trip.
8. Limitation of Liability
To the fullest extent permitted by law, AvianScope shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the Site, including but not limited to loss of data, loss of profits, or personal injury. Our total liability to you for any claim arising from use of the Site shall not exceed the amount you paid us in the 12 months preceding the claim.
9. Indemnification
You agree to indemnify and hold harmless AvianScope and its officers, directors, employees, and agents from any claims, liabilities, damages, or expenses (including legal fees) arising from your use of the Site, your violation of these Terms, or your violation of any rights of another party.
10. Governing Law
These Terms are governed by and construed in accordance with the laws of the United States. Any disputes arising from these Terms or your use of the Site shall be subject to the exclusive jurisdiction of the courts located in the United States.
11. Changes to These Terms
We may update these Terms from time to time. Material changes will be noted with an updated "Last updated" date at the top of this page. Continued use of the Site after changes are posted constitutes your acceptance of the revised Terms.
12. Contact
If you have questions about these Terms, please contact us: