ES Gameworks

birb. legal

Terms of Service

Last updated: August 13, 2026

Welcome to birb. These Terms of Service (“Terms”) are an agreement between you and ES Gameworks LLC (“ES Gameworks,” “we,” “us”) and govern your use of our mobile application, which we call “the App” below. By downloading or using the App, you agree to these Terms. If you do not agree, please do not use the App.

1. Who can use birb.

You must be at least 13 years old (or the minimum age of digital consent in your country) to create an account. If you are under 18, you confirm that a parent or guardian has reviewed and agreed to these Terms on your behalf.

2. Your account

You can play as a guest or create an account with an email address. You are responsible for keeping your login credentials secure and for all activity on your account. You may delete your account at any time from Settings → Account → Delete account, which permanently removes your cloud data.

3. Your content

birb. lets you capture photos and record bird audio. You keep ownership of the content you create. By sharing a capture to the public Sightings Map, you grant us a non-exclusive license to display that content, with an approximate randomized location, to other players inside the App. Photos shared publicly are automatically screened using Google Cloud Vision AI. We may hide or remove content that fails screening or is reported. A photo flagged by automated screening may be kept in restricted moderation evidence storage for up to seven days so we can check the decision, then deleted.

4. Our content and intellectual property

The App—including its artwork, sprites, animations, sounds, music, text, species data, design, and software—is owned by us or our licensors and is protected by copyright and other intellectual property laws. We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the App for your own private, non-commercial entertainment.

Except as expressly allowed by these Terms or by law, you may not copy, extract, scrape, download, redistribute, sell, sublicense, publicly display, or create derivative works from any part of the App or its content, and you may not use our name, artwork, or other assets in your own products or services without our prior written permission. Sharing screenshots or the App’s built-in share cards for personal, non-commercial purposes is welcome.

5. Safe and responsible play

birb. encourages you to explore the real world. Please do it safely and respectfully:

  • Be aware of your surroundings at all times. Do not use the App while driving, cycling, or operating anything that needs your attention.
  • Respect property. Never trespass on private property or enter restricted or dangerous areas to photograph or record a bird. Being near a bird is never permission to be somewhere you are not allowed.
  • Respect wildlife and habitats. Observe birds from a distance. Never chase, bait, flush, or handle birds; never approach or disturb nests, eggs, or young; never damage vegetation or habitats to get a better shot. Follow all wildlife protection laws and local birding ethics.
  • Respect people. Do not photograph people without their consent, and be considerate of others sharing the outdoors.

You are responsible for your own conduct and safety while playing. To the extent permitted by law, we are not responsible for injuries, property damage, or violations of law that result from how you choose to play.

6. Acceptable use

You agree not to upload unlawful, harmful, or infringing content; harass other players; attempt to cheat, exploit, reverse engineer, or disrupt the App or its services; or use the App in violation of Section 5.

7. Virtual items and currency

Feathers, eggs, cosmetics, and other in-game items are virtual items with no monetary value. They cannot be exchanged for real money, are not transferable, and may be modified or discontinued as the game evolves. Purchases made through the app stores, such as the Season Pass or Pro Birber, are billed by Google Play or the Apple App Store under their terms; refunds are handled through the respective store.

8. Subscriptions

Pro Birber is an auto-renewing subscription managed through your app store account. You can cancel any time in your store’s subscription settings; perks remain active until the end of the paid period.

9. Service availability

We work hard to keep the App running, but it is provided “as is” and “as available,” without warranties of any kind. Features may change, be suspended, or be discontinued. We are not liable for lost virtual items or progress caused by service interruptions, device loss, or account deletion. Bird identification, content-safety screening, and other features may use AI or automated systems. Identifications and suggestions are best-effort guesses provided for entertainment — they may be inaccurate and are not scientific or professional advice. Automated moderation can also make mistakes; we may review and reverse those decisions.

10. Limitation of liability

To the fullest extent permitted by law, our total liability for any claim arising out of your use of the App is limited to the amount you paid us in the twelve months before the claim arose.

11. Termination

We may suspend or terminate accounts that violate these Terms, including for abusive content, harassment, or cheating. No refunds are owed for virtual items or subscriptions lost because an account was terminated for violating these Terms.

12. Indemnification

If your violation of these Terms — for example infringing someone’s rights, trespassing, or misusing the App — leads to a claim against us, you agree to cover our reasonable losses and legal costs to the extent the claim arises from your conduct.

13. App store terms

The App is distributed through Google Play and the Apple App Store. Those stores are not parties to these Terms, have no obligation to provide support or maintenance for the App, and are not responsible for addressing claims relating to the App. If you use the App on an Apple device, Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. Your use of each store is also governed by that store’s own terms.

14. Copyright complaints

If you believe content in the App infringes your copyright, email support@esgameworks.com with where the material appears in the App, a description of the copyrighted work, your contact information, and a statement that you believe the use is unauthorized. We will review and remove infringing content where appropriate and may terminate the accounts of repeat infringers.

15. Disputes

These Terms are governed by applicable law. Before filing a claim, please contact us first — most concerns can be resolved quickly and informally.

16. General

These Terms are the entire agreement between you and us about the App. If any provision is found unenforceable, the rest remain in effect. Our not enforcing a provision is not a waiver of it. You may not assign these Terms; we may assign them as part of a merger, acquisition, or sale of assets.

17. Changes to these Terms

We may update these Terms from time to time. Material changes will be communicated in the App. Continuing to use the App after changes take effect means you accept the updated Terms.

18. Contact

Questions about these Terms: support@esgameworks.com
ES Gameworks LLC