Seabirds — Terms of Use / End-User License Agreement

Last updated: April 24, 2026

These Terms ("Terms") are a binding agreement between you and Seabatt Digital LLC ("we", "us"), the operator of the Seabirds brand, governing your use of the Seabirds iOS application (the "App"). By installing or using the App, you agree to these Terms. If you do not agree, delete the App and do not use it.

TL;DR — read the bold section: The App is an angler's spotting aid that draws AI-detected bird flocks on your camera and projects approximate coordinates from your phone's compass and GPS. It is not a navigation system, not a chart, not a fishfinder, and not a substitute for nautical charts, marine radar, AIS, or your own seamanship. Coordinates can be wrong by hundreds of meters. Use at your own risk.

1. License

We grant you a personal, non-exclusive, non-transferable, revocable license to install and use the App on Apple devices that you own or control, solely for personal and non-commercial use, subject to these Terms and the Apple Licensed Application End User License Agreement.

You may not:

Reverse-engineer, decompile, or disassemble the App except to the extent permitted by law.
Modify, adapt, translate, or create derivative works.
Remove or alter any copyright, trademark, or other proprietary notice.
Use the App for any unlawful purpose, or in any manner inconsistent with these Terms.
Use the App in any safety-of-life context (see § 4).

2. Apple's role

The App is licensed, not sold. You acknowledge that:

This agreement is between you and us, not Apple. We are solely responsible for the App and its content.
Apple has no obligation to provide maintenance or support for the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the App's purchase price to you (if any). To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever.
Apple is not responsible for addressing any claims relating to the App, including product-liability, regulatory, or intellectual-property claims.
Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

3. The App — what it is, and isn't

What the App is:

A real-time computer-vision tool that detects bird flocks in your phone's camera feed.
A heading-and-range projector that estimates the latitude/longitude of a flock based on your phone's GPS, compass, and a manually entered range value.
A GPX exporter that bundles those estimates into the standard GPX 1.1 format for import into chartplotters and other apps.

What the App is not:

Not a navigation aid. Do not use App coordinates to plot a course, set a waypoint to navigate to, or take any action that requires geographic precision better than several hundred meters.
Not a marine chart. It does not show land, hazards, depth, or any other charted feature.
Not a substitute for radar, AIS, sonar, or visual lookout.
Not a wildlife identification tool of scientific accuracy. "Bird" detections may include other objects.
Not certified for safety-of-life use.

4. Limitations and accuracy disclaimer

You expressly acknowledge and agree that:

Coordinates produced by the App are estimates that depend on the accuracy of (a) the phone's GPS fix, (b) the phone's magnetic compass, including magnetic declination and local magnetic disturbances, (c) the user-entered range value, and (d) the AI model's classification.
Real-world position errors of hundreds of meters or more are normal and expected, particularly at long range or with poor compass calibration.
The App is not a substitute for a marine GPS, paper chart, sonar/fishfinder, or trained lookout.
You will not rely on the App for navigation, collision avoidance, search-and-rescue, or any other safety-critical function.
You are solely responsible for the safe operation of any vessel and the safety of yourself and your passengers.

5. Disclaimer of warranties

To the maximum extent permitted by law, the App is provided "AS IS" and "AS AVAILABLE", without warranty of any kind, express or implied, including but not limited to: merchantability, fitness for a particular purpose, non-infringement, accuracy of detections, accuracy of coordinates, uninterrupted operation, or absence of bugs. We do not warrant that the App will meet your requirements.

Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions, the above exclusions apply only to the extent permitted by law.

6. Limitation of liability

To the maximum extent permitted by law, in no event shall we be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or relating to your use of or inability to use the App, even if we have been advised of the possibility of such damages. This includes, without limitation, damages arising from running aground, collision, loss of equipment, missed catches, lost fishing opportunities, fuel waste, weather exposure, injury, or death.

Our total cumulative liability to you for all claims arising out of or relating to the App shall not exceed the greater of (a) the amount you paid for the App in the twelve months preceding the claim, or (b) USD $5.00.

Some jurisdictions do not allow the limitation of liability for incidental or consequential damages; in those jurisdictions, our liability is limited to the maximum extent permitted by law.

7. Indemnification

You agree to indemnify, defend, and hold harmless Seabatt Digital LLC, its members, managers, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of the App, (b) your violation of these Terms, or (c) your violation of any law or rights of a third party.

8. Privacy

Your use of the App is also governed by our Privacy Policy, which is incorporated by reference into these Terms.

9. Updates and changes

We may update the App and these Terms from time to time. Continued use of the App after an update constitutes acceptance of the updated Terms. Material changes will be reflected in the "Last updated" date above and may be summarized in App Store release notes.

10. Termination

These Terms remain in effect until terminated. We may terminate or suspend your license at any time without notice if you breach these Terms. Upon termination, you must delete the App. Sections 4–7, 11, and 12 survive termination.

11. Governing law

These Terms are governed by the laws of the State of New Hampshire, United States, excluding its conflict-of-laws rules, and excluding the United Nations Convention on Contracts for the International Sale of Goods. Any dispute shall be brought in the state or federal courts located in Rockingham County, New Hampshire, and you consent to exclusive jurisdiction and venue there.

If you are accessing the App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

12. Miscellaneous

Entire agreement. These Terms, together with the Privacy Policy and the Apple Licensed Application EULA, are the entire agreement between you and us regarding the App.
Severability. If any provision is held unenforceable, the remaining provisions remain in effect.
No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
Assignment. You may not assign these Terms; we may.
Contact. Questions: support@4370.io.

By installing or using Seabirds, you acknowledge that you have read this agreement, understand it, and agree to be bound by it. If you do not agree, do not install the App, or delete it now.