1. The Developer
Ornavia is published by an independent developer (the “Developer”), who can be contacted at contactus@magicalcoreapp.com.
2. Acceptance
By downloading, installing or using Ornavia, you accept these Terms and Conditions. If you do not accept them, do not use the app. Children under 16 may only use Ornavia with the consent and supervision of a parent or legal guardian, who accepts these Terms on their behalf. The Developer will give reasonable advance notice of material changes where required by law. Continuing to use the app after a change means you accept the revised Terms.
3. What Ornavia offers
- Bird identification from a photo or from its song, with several suggestions to compare.
- Species profiles with size, habitat, migration, diet, conservation status and fun facts.
- Suggestions of birds likely nearby based on place and season, a map search for places to see them and a journal of your observations.
The Developer may change, improve or remove features in future versions.
4. Price and payment
Ornavia is free to download and includes 3 identifications, by photo or by song, to try it out. After that, identification is unlocked forever with a single in-app purchase. There are no subscriptions or ads, and the guide, the journal and the rest of the app remain free.
The purchase is linked to your Apple Account: you can restore it on another iPhone or iPad from Settings › Restore Purchases. Prices vary by country, and payments, billing and refunds are governed by Apple’s terms and by the law that applies to you.
5. Not professional advice
- Identifications are made by machine learning models and are not guaranteed to be correct. The result depends on the photo or the recording: the light, the distance, the focus, the wind and other sounds. That is why Ornavia shows several possible birds and tells you when it is not sure.
- Bird information, suggestions of nearby birds, the Bird of the Day and map results are general and may be inaccurate, incomplete or out of date. Some of this content comes from public third-party sources.
- Ornavia is not a substitute for an expert or a professional field guide. You are solely responsible for the decisions you make based on it.
6. Using Ornavia outdoors
Stay aware of your surroundings and do not use the app while driving. Respect private property, parks and protected areas, and the wildlife rules of each place. Do not approach nests or disturb birds. Places on the map may be closed, private or no longer exist; check before you go. Outdoor activities are at your own risk.
7. Your photos, recordings and notes
The photos, recordings, notes and places you save are yours and are your responsibility. They are stored on your device and in any backups you choose to make. Making backups is your responsibility, and the Developer cannot recover lost information.
8. Third-party images and text
Third-party bird photos and descriptions belong to their authors and are used under their licenses. The photo identification model was trained with photos that iNaturalist members share under the CC0 and CC BY 4.0 licenses; their authors are credited in the app and in the photo credits.
9. Restrictions
You may not use Ornavia for unlawful purposes, or copy, decompile, disassemble, reverse engineer, modify or redistribute the app, its models or its content, or circumvent any technical protection.
10. Intellectual property and license
All rights in Ornavia, including the software, the models, the design, the name and the original material, belong to the Developer, except the third-party content described in section 8. You are granted a limited, revocable, non-exclusive, non-transferable license to use Ornavia for personal purposes on Apple devices that you own or control, as permitted by the App Store Usage Rules.
11. Disclaimer of warranties
Ornavia is provided “as is” and “as available”, without warranties of any kind, express or implied, including accuracy, merchantability, fitness for a particular purpose and non-infringement, to the fullest extent permitted by law. The Developer does not warrant that the app will be error-free, compatible with every device, always available or updated, without prejudice to any statutory guarantee of conformity you are entitled to as a consumer.
12. Limitation of liability
To the fullest extent permitted by law, the Developer is not liable for any indirect, incidental, special, punitive or consequential damages, or for injury, property damage or data loss arising from the use of Ornavia, from acting on an identification or on any information in the app. Where liability cannot be excluded, it is limited to the price you paid for Ornavia. This does not exclude or limit liability for death or personal injury caused by negligence, for fraud, for gross negligence or willful misconduct, or any other liability that cannot be excluded by law. It does not affect the rights you have as a consumer under the law of your country of residence.
13. Indemnification
To the extent permitted by law, you agree to indemnify the Developer against third-party claims arising from misuse of Ornavia or from a breach of these Terms or of applicable law.
14. Apple
- These Terms are concluded between you and the Developer only, and not with Apple, which is not responsible for Ornavia or its content.
- Apple has no obligation whatsoever to furnish any maintenance or support services with respect to Ornavia.
- If Ornavia fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price to you; to the maximum extent permitted by law, Apple has no other warranty obligation whatsoever.
- Apple is not responsible for addressing any claims relating to Ornavia, including product liability, consumer protection, regulatory or intellectual property claims.
- You represent that you are not located in a country subject to a U.S. Government embargo and that you are not listed on any U.S. Government list of prohibited or restricted parties.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
15. Data protection
See the Privacy Policy.
16. Termination
You can stop using Ornavia at any time by deleting it. The license ends automatically if you breach these Terms.
17. Governing law and general provisions
These Terms are governed by the law applicable to the Developer. Any mandatory rights you have as a consumer under the law of your country of residence are preserved. If any clause is held invalid, the remaining clauses stay in effect. These Terms and the Privacy Policy form the entire agreement regarding Ornavia.
18. Contact
For questions, complaints or claims: contactus@magicalcoreapp.com
MagicaLCore