These Terms of Use ("Terms") form a legally binding agreement between AdSpark OU ("AdSpark," "we," "us," or "our") and you ("you" or "User") governing your access to and use of the mobile application Rock Identification: Geology Scanner & Mineral Guide and any related services (collectively, the "Services"). By downloading, installing, or using the App, you agree to these Terms. If you do not agree, do not use the App.
Quick summary (not a substitute for the full Terms): You get a limited license to use the App; don't misuse it or infringe others' rights; some features use automated AI; subscriptions are billed via the App Store; we limit our liability as permitted by law; you must comply with applicable laws.
1. Provider Information
AdSpark OU
Registered in Estonia
Email: [email protected]
2. Eligibility
- You must be at least 14 years old (or the minimum age in your jurisdiction) to use the App.
- If you are under the age of majority, you may use the App only with the consent and under the supervision of a parent or legal guardian who accepts these Terms on your behalf.
- You represent that you are not located in, and will not use the App from, a territory subject to comprehensive sanctions or where such use is prohibited by applicable law.
3. License and Ownership
- We grant you a personal, limited, revocable, non-transferable, and non-sublicensable license to download and use the App on Apple-branded devices you own or control, solely for lawful personal use and in accordance with these Terms and the Apple Media Services Terms and Conditions and the App Store Licensed Application End User License Agreement (EULA).
- We (and our licensors) retain all right, title, and interest in and to the App and the Services, including software, models, algorithms, documentation, trademarks, and content, except for content you provide.
- You may not copy, modify, reverse-engineer, or create derivative works from the App except to the extent permitted by mandatory law.
4. Features and AI Processing
The App offers AI-powered rock and mineral identification features, including without limitation: Rock Identification, Mineral Scanner, Crystal Analyzer, Fossil Detection, Gemstone Identifier, and Geology Database Search.
- Automated processing. AI features operate automatically based on your inputs; no human reviews or analyzes your images.
- Temporary processing. To provide these features, the App may temporarily upload images to secure cloud servers. As explained in our Privacy Policy, uploaded images and identification results are typically deleted within three (3) hours.
- No training use. We do not use your uploaded images or identification results to train or improve our AI models.
- Outputs. AI-generated identification results may contain inaccuracies. You are responsible for verifying results and ensuring your use complies with these Terms and applicable law. The App is intended for educational and hobbyist purposes only and should not be relied upon for professional geological assessments or commercial purposes.
For details on data handling, please see our Privacy Policy.
5. Your Content and License to Us
"User Content" means images, prompts, text, and other materials you upload or create through the App.
- You retain ownership of your User Content.
- You grant AdSpark a worldwide, royalty-free license to host, process, reproduce, and display your User Content solely as needed to provide the Services and improve their functionality for you (e.g., caching, processing, generating identification results, and enabling support).
- You represent and warrant that you have all rights necessary to upload and process the User Content and that your User Content does not infringe or violate any third-party rights (including privacy, publicity, or intellectual property rights).
6. Acceptable Use
You agree not to use the App to:
- Violate any law or third-party rights (including copyrights, trademarks, privacy, or publicity rights);
- Create, upload, or share illegal, harmful, harassing, hateful, violent, deceptive, or sexually explicit content;
- Misrepresent identification results for fraudulent or deceptive purposes;
- Attempt to reverse-engineer, interfere with, or disrupt the App or its security;
- Upload malicious code or use automated means to access or use the Services;
- Bypass usage limits or access the Services in a manner not intended.
We reserve the right (but have no obligation) to block or remove content, suspend features, or terminate access where we reasonably believe these Terms or applicable law have been violated.
7. Subscriptions, Trials, and Payments
- Some features require a paid subscription or one-time purchase. Billing, trials, renewals, and cancellations are managed by the Apple App Store. Your purchase is subject to Apple's terms and your region's tax rules.
- If a free trial is offered, it will convert to a paid subscription at the end of the trial unless you cancel at least 24 hours before the period ends, via your Apple ID settings.
- Refunds are handled by Apple pursuant to their policies. We do not provide refunds directly.
- We may use a third-party subscription management provider (e.g., Adapty) to validate receipts and manage entitlements. See the Privacy Policy for data processing details.
- We may change pricing or features prospectively. We'll notify you within the App or via the App Store as required.
8. Third-Party Services
We may integrate third-party tools (e.g., analytics, crash reporting, attribution, cloud hosting). Your use of such services may be subject to their terms and privacy policies. We are not responsible for third-party content or services unless expressly stated.
9. Intellectual Property Claims (Copyright/DMCA)
If you believe the App or a User's content infringes your rights, please send a notice with sufficient detail to [email protected]. We may remove or disable access to allegedly infringing material and may terminate repeat infringers where appropriate.
10. Privacy
Your use of the App is subject to our Privacy Policy, which explains what data we collect and how we process it, including details on AI-related processing and retention.
11. Disclaimers
- The App and Services are provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied, or statutory, including without limitation warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement, or uninterrupted availability.
- AI identification results may be imperfect or inaccurate. The App is for educational and informational purposes only and should not be used as a substitute for professional geological expertise. You are solely responsible for your use of identification results.
- Some jurisdictions do not allow certain disclaimers; in such cases, the above will apply to the maximum extent permitted by law.
12. Limitation of Liability
- To the maximum extent permitted by law, AdSpark and its affiliates, officers, employees, and partners will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenues, data, or use, arising out of or related to your use of (or inability to use) the Services.
- To the extent liability cannot be excluded, our aggregate liability shall not exceed the amount you paid (if any) for the Services in the twelve (12) months preceding the event giving rise to the claim.
13. Indemnification
You agree to defend, indemnify, and hold harmless AdSpark and its affiliates, officers, employees, and partners from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from or related to: (a) your User Content; (b) your violation of these Terms or applicable law; or (c) your misuse of the Services.
14. Apple Requirements
- You acknowledge that Apple is not responsible for the App or its content and has no obligation to provide maintenance or support.
- To the extent any warranty applies, Apple may refund the purchase price (if any), and Apple will have no other warranty obligation.
- You represent that you are not in a country subject to a U.S. Government embargo or designated as "terrorist supporting," and you are not on any U.S. Government list of prohibited or restricted parties.
- You agree to comply with the App Store Licensed Application End User License Agreement (EULA) and Apple Media Services Terms.
15. Suspension and Termination
- We may suspend or terminate access to the Services if we reasonably believe you have violated these Terms or applicable law, or to protect the App, users, or third parties.
- You may stop using the App at any time and can delete it from your device; subscription management is handled via your Apple ID settings.
16. Governing Law and Dispute Resolution
- These Terms are governed by the laws of Estonia, without regard to its conflict of law principles. Mandatory consumer protection rules of your country of residence may still apply.
- You and AdSpark will attempt to resolve any dispute amicably within 30 days after written notice. If unresolved, the courts of Estonia shall have non-exclusive jurisdiction, except that you may bring claims in your local courts where required by applicable consumer law.
17. Changes to the Services or Terms
We may modify these Terms or the Services to reflect changes in technology, law, or business needs. Material changes will be notified within the App or via the App Store. Changes take effect upon posting unless otherwise stated. If you continue using the App after changes become effective, you accept the updated Terms.
18. Miscellaneous
- Severability. If any provision is held invalid or unenforceable, the remaining provisions will remain in full force.
- No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
- Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or asset sale.
- Entire agreement. These Terms, together with the Privacy Policy and any in-app notices, constitute the entire agreement between you and AdSpark regarding the Services.
- Export and Sanctions. You must comply with all applicable export control and sanctions laws. You may not use the App where prohibited.
19. Contact Us
If you have questions about these Terms, please contact:
AdSpark OU
Estonia
Email: [email protected]