Terms and Conditions

Last Updated: January 2025

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the MycoForager mobile application (the "Service") operated by MycoForager ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

1. Critical Safety Disclaimer

WARNING: This application is an educational and identification assistance tool only. It is NOT a substitute for proper training, expert knowledge, or professional mycological identification.

  • Many poisonous mushrooms closely resemble edible species
  • AI identification, while advanced, can make mistakes
  • Environmental factors can affect mushroom appearance and identification accuracy
  • Consumption of misidentified mushrooms can result in serious illness or death
  • You assume all risks associated with foraging and consuming wild mushrooms
  • NEVER consume any wild mushroom based solely on app identification
  • Always consult multiple expert sources and experienced mycologists before consuming any wild mushroom
  • When in doubt, do not consume - it's not worth the risk

By using this Service, you acknowledge that you understand these risks and agree that we bear no responsibility for any illness, injury, or death resulting from mushroom consumption or foraging activities.

2. Accounts and Subscriptions

When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password.

2.1 Free Tier

  • Free users receive 3 AI identification scans upon download
  • Full access to browse the mushroom database (hundreds of species)
  • Access to educational content, articles, and videos
  • Ability to save mushrooms to collections (with limitations)
  • View identification history

2.2 Premium Subscription

We offer two subscription options through Apple's In-App Purchase system:

  • Weekly Subscription ($4.99/week): Includes a 3-day free trial. You will be charged $4.99/week after the trial period unless you cancel at least 24 hours before it ends. Auto-renews weekly.
  • Yearly Subscription ($29.99/year): No trial period. Immediate billing upon purchase at $29.99/year. Auto-renews annually.

Premium Features Include:

  • Unlimited AI Scans: Identify unlimited mushrooms with no daily or monthly caps
  • Unlimited Collections: Create and organize unlimited custom mushroom collections
  • Expert Knowledge Base: Full access to all educational content, detailed species information, and foraging guides
  • Priority Support: Get faster response times from our support team
  • All Future Features: Automatic access to new premium features as they're released

2.3 Billing and Cancellation

  • Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period
  • You can manage or cancel your subscription through your App Store or Google Play account settings
  • Cancellation takes effect at the end of the current billing period
  • No refunds for partial periods or unused scans
  • Prices are subject to change with 30 days notice to existing subscribers

3. Acceptable Use

You agree not to use the Service:

  • For any unlawful purpose or to solicit others to perform unlawful acts
  • To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances
  • To infringe upon or violate our intellectual property rights or the intellectual property rights of others
  • To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
  • To submit false or misleading information
  • To upload or transmit viruses or any other type of malicious code
  • To spam, phish, pharm, pretext, spider, crawl, or scrape
  • To interfere with or circumvent the security features of the Service
  • To reverse engineer, decompile, or disassemble the application

4. Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of MycoForager and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of MycoForager.

5. User Content

Our Service may allow you to post, link, store, share and otherwise make available certain information, text, graphics, or photos ("Content"). You are responsible for the Content that you post on or through the Service.

By posting Content, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service.

You represent and warrant that: (i) the Content is yours or you have the right to use it, and (ii) the posting of your Content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

6. AI Technology and Accuracy

Our Service uses Google Gemini 2.5 Flash AI model accessed through OpenRouter API for mushroom identification. While this represents state-of-the-art AI technology:

  • AI is probabilistic: All AI identifications are probability-based and may contain errors
  • Confidence scores: Displayed confidence scores (0.0-1.0) are estimates, not guarantees of correctness
  • Image quality matters: Clear, well-lit photos from multiple angles significantly improve accuracy
  • Look-alikes exist: Many edible mushrooms have poisonous look-alikes that AI may confuse
  • Regional limitations: AI training data may have limited coverage of certain regional species
  • No warranties: We make absolutely no warranties regarding identification accuracy or safety
  • Independent verification required: You MUST independently verify all identifications using field guides, spore prints, and expert consultation
  • Multiple identifications: The AI may return multiple possible species - review all options carefully

7. Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by MycoForager.

MycoForager has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that MycoForager shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.

MycoForager, its subsidiaries, affiliates, and licensors do not warrant that:

  • The Service will function uninterrupted, secure or available at any particular time or location
  • Any errors or defects will be corrected
  • The Service is free of viruses or other harmful components
  • The results of using the Service will meet your requirements
  • AI identifications will be accurate or reliable

9. Limitation of Liability

IN NO EVENT SHALL MYCOFORAGER, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • Your access to or use of or inability to access or use the Service
  • Any conduct or content of any third party on the Service
  • Any content obtained from the Service
  • Unauthorized access, use or alteration of your transmissions or content
  • ANY ILLNESS, INJURY, OR DEATH RESULTING FROM MUSHROOM CONSUMPTION OR FORAGING ACTIVITIES
  • INCORRECT OR INACCURATE MUSHROOM IDENTIFICATIONS

10. Indemnification

You agree to defend, indemnify and hold harmless MycoForager and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of:

  • Your use and access of the Service
  • Your violation of any term of these Terms
  • Your violation of any third party right, including without limitation any copyright, property, or privacy right
  • Any claim that your Content caused damage to a third party
  • Any illness, injury, or consequences arising from foraging or consuming mushrooms

11. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

12. Governing Law

These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

13. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect.

What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

14. Contact Information

If you have any questions about these Terms, please contact us:

15. Acknowledgment

BY USING THIS SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. YOU SPECIFICALLY ACKNOWLEDGE THE SAFETY DISCLAIMER AND UNDERSTAND THAT YOU ASSUME ALL RISKS ASSOCIATED WITH MUSHROOM FORAGING AND CONSUMPTION.