These Terms of Service ("Terms") govern your use of the Sanibel Shell ID mobile application ("the App"), developed by Joseph Powell ("we," "us," or "our"), an independent developer based in Lehigh Acres, Florida, USA. By downloading, installing, or using Sanibel Shell ID, you agree to these Terms. If you do not agree, do not use the App.
Sanibel Shell ID is intended for users aged 13 and older. The App is not directed to children under 13. If you are under 13, please do not use the App.
Sanibel Shell ID is an AI-powered seashell identification app. You can photograph seashells and receive AI-generated identification results, build a personal collection, earn badges, and share your discoveries. The App focuses on seashell species found in Southwest Florida.
The App is for informational and educational purposes only. Identifications are generated by artificial intelligence and should be treated as suggestions, not authoritative determinations.
ALL identifications provided by Sanibel Shell ID are generated by artificial intelligence using third-party AI services. Results may be inaccurate, incomplete, or incorrect.
Joseph Powell makes NO guarantees about the accuracy of any identification. The App is NOT a substitute for expert consultation, professional field guides, or the advice of marine biologists or naturalists.
Specifically, you must NOT rely on Sanibel Shell ID to:
Always exercise caution when handling unfamiliar organisms, and verify identifications through qualified sources before taking any action.
When using Sanibel Shell ID, you agree to:
Sanibel Shell ID is a one-time purchase with no subscriptions, in-app purchases, or advertisements. Sanibel Shell ID includes unlimited AI-powered identifications.
Refund policies are governed by the Apple App Store or Google Play Store through which you purchased the App. To request a refund, please follow the refund process of the respective app store.
The App, including its design, code, branding, icons, and content (excluding user-provided photos), is the property of Joseph Powell and is protected by applicable intellectual property laws.
Your photos remain your property. We do not claim ownership of any photos you take or select for identification.
By submitting a correction report (which includes a photo), you grant Joseph Powell a non-exclusive, royalty-free, worldwide license to use the submitted photo for the purpose of AI model training and accuracy improvement. This license survives deletion of the App from your device.
TO THE FULLEST EXTENT PERMITTED BY THE LAWS OF THE STATE OF FLORIDA:
The App is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
Joseph Powell is NOT liable for:
In no event shall our total liability exceed the purchase price you paid for the App.
You agree to indemnify and hold harmless Joseph Powell from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from your misuse of the App, your reliance on identifications provided by the App, or your violation of these Terms.
Joseph Powell reserves the right to modify, suspend, or discontinue the App or its backend identification service at any time, with or without notice.
If the backend service is discontinued, the App's AI identification feature will cease to function. Local features (your collection, badges, and the shell guide) may continue to work offline.
We may also restrict or terminate access for devices that violate these Terms or engage in abusive behavior.
These Terms are governed by and construed in accordance with the laws of the State of Florida, United States, without regard to conflict of law principles.
Any disputes arising under these Terms shall be resolved in the state or federal courts located in Lee County, Florida.
Informal resolution: Before pursuing legal action, we encourage you to contact us at [email protected] to attempt to resolve any dispute informally.
We may update these Terms from time to time. Updated Terms will be posted in the App and at the URL where these Terms are hosted with an updated effective date. Your continued use of the App after changes are posted constitutes your acceptance of the updated Terms.
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Joseph Powell regarding your use of Sanibel Shell ID and supersede all prior agreements and understandings.
If you have questions about these Terms, please contact:
Joseph Powell
[email protected]
Lehigh Acres, Florida, USA
silverkeydev.com
