Effective: September 2, 2026 · Prior versions: bioregionstudios.com/tos
Bioregion Studios, Inc. (a Delaware corporation) — “Bioregion Studios,” “we,” “us,” “our.”
Bioregion — the mobile application and related services (the “App”).
Important notices — please read before using the App
Misidentification and physical-injury notice
Bioregion is a game for identifying plants and collecting them as digital cards. It is not a foraging, medical, dietary, or safety tool. Plant identifications are generated by automated models, are probabilistic, and can be wrong. Toxic plants can closely resemble edible ones. Never touch, handle, eat, or otherwise use any plant based on the App. “Collecting” in Bioregion means collecting a digital card — never a physical plant.
Outdoor activity involves inherent risks, including serious injury, death, and property damage. To the fullest extent permitted by applicable law, Bioregion Studios, Inc. does not assume responsibility for any personal injury, death, or property damage arising from your use of the App, and any reliance you place on information provided through the App is strictly at your own risk. (Restated at Section 14.)
Arbitration and class-action notice
Section 17 contains an arbitration agreement. Except for the disputes it carves out, and unless you opt out within 30 days by emailing legal@bioregionstudios.com (see Section 17.8), you and Bioregion Studios, Inc. agree that disputes relating to these Terms or the App will be resolved by binding individual arbitration, and each of us waives the right to participate in a class action or class-wide arbitration.
Age requirement
You must be at least 18 years old to use Bioregion. The App is for adults only, and we do not permit anyone under 18 to use it. By using the App you represent and warrant that you are 18 years of age or older.
1. Acceptance, eligibility, and changes
1.1 Agreement. These Terms of Service (the “Terms”) are a binding agreement between you and Bioregion Studios, Inc. By downloading, accessing, or using the App, you agree to these Terms. If you do not agree, do not use the App.
1.2 Eligibility; age requirement. You must be at least 18 years old to use the App. By downloading, accessing, or using the App, you represent and warrant that you are 18 years of age or older, and you will be asked to confirm at registration that you are 18 or older. The App is for adults: it is not directed to children, and we do not knowingly permit anyone under 18 to use it. If we obtain actual knowledge that an account holder is under 18, we will terminate the account and delete associated personal information as described in our Privacy Policy.
1.3 Changes to these Terms. We may update these Terms, and we will post the updated Terms with a revised effective date. For non-material changes, we will provide notice through the App, by email, or by other reasonable means, and your continued use of the App after the changes take effect constitutes acceptance. For material changes — including any change to Sections 4, 15, or 17 — we will ask you to affirmatively accept the updated Terms, and you may be required to accept them before continuing to use the App or its paid features; if you do not accept, you may stop using the App and, where applicable, cancel your subscription. Material changes to the arbitration agreement are additionally subject to Section 17.12.
1.4 Supplemental Terms. Certain features may carry additional terms (“Supplemental Terms”) presented with those features. Supplemental Terms are incorporated by reference and control over these Terms only to the extent of an express conflict.
1.5 Order of precedence. Your platform license to the App is governed by Apple’s standard Licensed Application End User License Agreement (the “Apple EULA”) together with the terms restated at Supplemental Terms S-1. As between you and Bioregion Studios, Inc., where these Terms and the Apple EULA address the same subject and conflict, these Terms control.
1.6 Geographic availability. The App is offered only in the United States. We make no representation that the App or its content is appropriate or available elsewhere.
2. License to use the App
2.1 Grant. Subject to your compliance with these Terms, Bioregion Studios, Inc. grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install the App on a mobile device you own or control and to use it solely for your personal, non-commercial purposes.
2.2 Restrictions. Except as expressly permitted by these Terms or applicable law notwithstanding this restriction, you will not: copy, modify, distribute, or create derivative works of the App or its content; reverse engineer, decompile, or otherwise attempt to derive the App’s source code; remove, alter, or obscure any proprietary notice; or use any Bioregion Studios, Inc. name, logo, or trademark without our prior written consent. All rights not expressly granted are reserved.
This Section does not restrict any right you have under the licenses governing the open-source software components and third-party data described in Section 10 and listed on the acknowledgements and notices page in the App. Where such a license grants you a right that this Section would otherwise restrict — including a right to copy, modify, redistribute, or reverse engineer that component — that license controls as to that component. See Section 10.2.
2.3 Model extraction prohibited. Without limiting Section 2.2, you will not extract, copy, reconstruct, or otherwise attempt to obtain the App’s machine-learning model weights, parameters, architecture, or training data, in whole or in part, whether through observation of inputs and outputs, systematic querying, or any other means.
2.4 Apple platform terms. The App is distributed through the Apple App Store. The Apple-specific terms at Supplemental Terms S-1 apply, including that these Terms are between you and Bioregion Studios, Inc. only (not Apple), that Bioregion Studios, Inc. — not Apple — is solely responsible for the App, and that Apple is a third-party beneficiary entitled to enforce these Terms against you.
2.5 Updates. The App may update automatically or require updates, and you may need to install them to continue using the App.
3. Accounts
3.1 Registration. Certain features require an account. You agree to provide accurate registration information — including a truthful confirmation of your age — and keep it current. Use of the App requires a supported device and internet connectivity, which are your responsibility.
3.2 Account security. Keep your credentials confidential and notify us immediately at info@bioregionstudios.com of any suspected unauthorized use. You are responsible for activity that occurs under your account.
3.3 Usernames. Your username is visible to other users as described in our Privacy Policy. You may not use a username that impersonates any person or entity, infringes anyone’s rights, or is unlawful, hateful, or obscene. Because usernames appear on leaderboards, we recommend you not use your real name. We may refuse, reclaim, or require you to change any username that violates this section, and we filter submitted usernames against a denylist.
3.4 Suspension and termination for cause. We may suspend or terminate your access to the App or any feature, with or without notice, if we reasonably believe you have violated these Terms, engaged in cheating or fraud, or created risk or legal exposure for us or others.
3.5 Inactivity. We may terminate accounts that have been inactive for at least twenty-four (24) months, after providing at least thirty (30) days’ notice to the email address associated with the account.
3.6 Deletion by you. You may delete your account at any time in the App (Settings → Delete Account). Deletion is irreversible and is described in our Privacy Policy.
3.7 Effect of termination. On any termination or deletion: your license under Section 2 ends; your access to cards, scans, virtual items, and entitlements ends as described in Section 7; and the provisions listed in Section 18.10 survive.
4. Plant identification — accuracy, toxicity, and no foraging
4.1 Identifications are probabilistic. Plant identifications are produced by automated machine-learning models. The App presents each identification as a single result, but that result is an estimate — not a determination of fact — and can be wrong. The App does not display a confidence score, and the absence of a warning is not an assurance that any plant is correctly identified, edible, or safe. We make no warranty as to the accuracy of any identification.
4.2 No foraging, ingestion, handling, or medical use — flat prohibition. You agree that you will not use the App, or any identification or content provided through it, to decide whether any plant is safe to touch, handle, harvest, eat, or use for any medical, dietary, therapeutic, cosmetic, or nutritional purpose. This is a condition of your license to use the App, not a caution.
4.3 Toxic look-alikes. Many toxic plants closely resemble edible ones and deceive even experts. An identification naming an edible species is not a statement that the plant in front of you is that species or is safe.
4.4 Reference content is not a safety representation. Descriptive, educational, historical, and ethnobotanical content in the App describes taxa in general. It is not a representation that any particular plant you encounter is that taxon or is edible, safe, or fit for any use.
4.5 Warnings create no duty. The App may display toxicity, look-alike, or other warnings for some plants and not others. Displaying, or failing to display, any warning creates no duty and no representation on our part, and does not alter your sole responsibility for your own decisions.
4.6 Assumption of risk; release. To the fullest extent permitted by applicable law, you knowingly and voluntarily assume all risk of injury, illness, or death arising from touching, handling, harvesting, ingesting, or otherwise using any plant, and you release Bioregion Studios, Inc. and its directors, officers, members, investors, managers, employees, and agents (collectively, the “Bioregion Parties”) from all claims arising out of such conduct.
4.7 Not an emergency or medical resource. The App is not a medical, emergency, or poison-control resource. If you suspect plant poisoning or contact injury, contact Poison Control (1-800-222-1222 in the US) or emergency services immediately.
4.8 Approaching and photographing plants. Photographing a plant requires approaching it. Contact with some plants — including poison ivy, poison oak, poison sumac, stinging or spined species, and irritant saps — can cause injury without ingestion, and some individuals have severe allergies. Never touch, move, or hold a plant to photograph it, and keep a safe distance from any plant you cannot identify with certainty.
5. Real-world use — safety, property, and conduct
5.1 Outdoor risk; attention. Real-world conditions differ from anything the App displays. Outdoor activity involves inherent risks — including terrain, weather, water, wildlife, plants, insects, exposure, and becoming lost — and you knowingly assume those risks and remain responsible for your own judgment and conduct at all times. Stay aware of your surroundings. Do not use the App while driving, cycling, or operating any vehicle, and do not use it in any manner that distracts you from hazards around you.
5.2 No trespass. You will not enter or attempt to enter any property or location where you do not have a legal right or permission to be, and you will not engage in any activity likely to cause injury, property damage, nuisance, or liability of any kind.
5.3 No duty regarding boundaries or access rights. We do not have, and expressly disclaim, any obligation or ability to provide complete or accurate information about property boundaries, ownership, or access rights. Whether or not the App displays any indication regarding property or access, you are solely responsible for obtaining any permission required to approach or enter any location.
5.4 Park rules, hours, and access. The App’s display of any park, trail, or area is not a representation about its rules, permits, hours, seasonal or zone closures, fees, or rights of entry or use, and we do not represent that we know or track any of them. You are solely responsible for confirming and complying with the rules that apply to any area before entering it.
5.5 Environmental conduct; collection is digital only. You agree to respect the places you visit: stay on established trails where required; do not trample or damage vegetation or disturb wildlife, protected species, or sensitive areas; follow Leave No Trace principles; and comply with all conservation laws. Collecting in Bioregion means collecting a digital card. You agree not to pick, cut, uproot, remove, or take any physical plant or plant material in connection with the App. Removing plants is illegal in many parks and protected areas.
5.6 Considerate use. You agree to use the App in a manner appropriate to your surroundings and to act respectfully toward other people, including with respect to noise, groups, waste, facilities, and parking.
5.7 Release for third-party disputes; §1542 waiver. If you have a dispute with any third party — including a landowner, park authority, or another user — arising out of or relating to your use of the App, then to the fullest extent permitted by applicable law you release the Bioregion Parties (Section 4.6) from all claims, demands, and damages of every kind, known and unknown, arising out of or connected with that dispute. If you are a California resident, you waive California Civil Code §1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you reside elsewhere, you waive any comparable statute or doctrine.
5.8 Landowner and authority contact. Landowners and land managers may contact us at info@bioregionstudios.com. This address is a contact channel; it is not a commitment to any response time or particular action.
5.9 Meetups. The App provides no user-to-user messaging or contact exchange. Any real-world meetup between users is organized by the users themselves and undertaken at their own risk. We are not the organizer and do not vet participants.
5.10 No advising others; no distributing plant material. You will not use the App’s identifications to advise any other person that a plant is safe to touch, eat, or use, and you will not share, sell, or distribute foraged or harvested plant material to others in reliance on the App.
6. User content and observation data
6.1 Ownership; on-device photos. You retain ownership of content you submit to the App (“User Content”). At launch, plant identification runs on your device: the photographs you capture are processed locally and are not uploaded to, or collected by, Bioregion Studios, Inc., and so are not User Content unless and until server-side photo submission is introduced (Section 6.4).
6.2 License to us. By submitting User Content, you grant Bioregion Studios, Inc. — and represent and warrant that you have the right to grant — a non-exclusive, worldwide, royalty-free, fully paid, sublicensable, transferable, perpetual, and irrevocable license to use, reproduce, modify, adapt, publish, display, distribute, and create derivative works of that User Content, in any media, in connection with operating, improving, and promoting the App. (At launch, the only expressive User Content is your username; avatars are system-generated.)
6.3 Observation data. You grant Bioregion Studios, Inc. the right to use the observation records you create (species identification, location, and time) to operate the App and to create aggregated and de-identified data (including aggregate counts of species sightings by park or ecoregion). Our collection and use of observation records that constitute personal information is governed by, and limited to the purposes stated in, our Privacy Policy. Any program that shares observation data outside Bioregion Studios, Inc. — including any citizen-science or research contribution — will be conducted under the Privacy Policy’s notice-and-consent provisions for new uses, and any externally shared data will be de-identified.
6.4 Model development. You grant Bioregion Studios, Inc. the right to use your contributions to develop, train, evaluate, and improve machine-learning models and the App’s plant catalog. This grant is effective now, but we will not exercise it with respect to observation data or other personal information unless and until our Privacy Policy discloses that use, and any materially new use will follow the Privacy Policy’s notice-and-consent provisions, including an opportunity to withdraw consent. This grant applies to photographs only if and when server-side photo submission is introduced (at launch, photographs are processed on your device and are not uploaded to our servers).
6.5 Moral rights. To the extent permitted by applicable law, you waive, and agree not to assert, any moral rights in User Content as against the Bioregion Parties.
6.6 Your representations. Each time you submit User Content, you represent and warrant that: you have all rights necessary to submit it and grant the licenses above; it is lawful and is not defamatory, threatening, harassing, hateful, obscene, or infringing; it does not advertise any product or service; and it does not identify any individual under the age of 18, and does not identify any individual 18 or over without that individual’s consent.
6.7 No obligation to monitor; removal. We are not obligated to monitor User Content, but we may review, remove, or disable access to any content at any time, with or without notice, if we consider it objectionable or in violation of these Terms.
6.8 Deletion and caching. If you delete User Content, we will use reasonable efforts to remove it from the App, but cached copies or references may persist for a limited period.
6.9 Reporting and blocking. The App provides mechanisms to report objectionable content or abusive behavior and to block other users. We review reports promptly — generally within 24 hours of receipt — and take appropriate action, which may include removing content, restricting features, or terminating the responsible account. You may also contact us at info@bioregionstudios.com.
7. Cards, scans, and purchases
7.1 Licensed content; no monetary value. Cards, collectibles, scans, and any other virtual items are licensed content. You receive no ownership interest in them, and they have no monetary value.
7.2 No trading; no real-money sale. Virtual items are not transferable between users, and the App provides no mechanism to trade, gift, or transfer them. You may not sell, buy, trade, or exchange any virtual item or any account — or offer or attempt to do so — for money or anything else of value, whether inside or outside the App, with us or with anyone else. Any such transaction is void, and we may cancel the items involved or terminate the accounts involved.
7.3 Scans. Scans are consumable licensed content used within the App. You acquire no ownership interest in scans; they are not a currency, do not constitute stored value, have no monetary value, are not redeemable or exchangeable for money, and may be acquired and used only within the App. Any virtual currency introduced in the future (including in connection with player-versus-player features) will be introduced only under updated Terms or Supplemental Terms (S-3) and will be subject to this Section 7.
7.4 Changes to the economy. We may offer, modify, or discontinue cards, scans, virtual items, features, and pricing at any time. If we discontinue a paid item or feature, we will provide reasonable advance notice through the App or by other reasonable means.
7.5 Subscriptions and automatic renewal. If you purchase a subscription (monthly or annual), it automatically renews at the end of each subscription period for a period of the same length at the then-current price, and your payment method on file with Apple will be charged, unless you cancel before the renewal date. Purchases and billing are handled by Apple; you manage and cancel subscriptions in your Apple account settings, and cancellation takes effect at the end of the current period. We will send the subscription reminders required by applicable law, including an annual reminder describing your subscription, its charges, and how to cancel, and — for subscriptions with a term of one year or longer — a notice before renewal. The price, term, renewal terms, and how to cancel are disclosed before you purchase.
7.6 Price changes. We may change subscription prices prospectively. Price changes apply to a renewal only after notice through Apple’s price-change process (which may require your affirmative consent) and take effect no earlier than your next renewal.
7.7 Refunds. Payment is processed by Apple, and refunds are governed by Apple’s policies. Scans and other consumable items are non-refundable once delivered, except as required by applicable law. All sales of virtual items are final, except as required by applicable law.
7.8 Service continuity; no ownership on shutdown.
License only. Your rights in cards, scans, virtual items, and in-App assets are a limited, personal, revocable, non-transferable license to use them within the App.
Duration. That license ends when either your account terminates or Bioregion Studios, Inc. discontinues the App, whichever occurs first.
No obligation to operate indefinitely. We have no obligation to operate, support, or maintain the App or its servers for any period, and we may modify, suspend, or discontinue the App or any part of it at any time, with reasonable notice of any full discontinuation.
No compensation on discontinuation. On termination of your account or discontinuation of the App, we owe no reimbursement, refund, or compensation for virtual items or licensed content, except as required by applicable law (for example, pre-paid, unused subscription value).
No rights in the artwork. Card artwork, plant likenesses, and names are Bioregion Studios, Inc.’s intellectual property or licensed to us. Collecting a card grants you a license to display it within your account, and no rights in the underlying intellectual property (Section 12).
8. Fair play and prohibited conduct
8.1 Anti-cheat; no location falsification. Cheating — any action that alters or interferes with, or attempts to alter or interfere with, the normal operation or rules of the App — is prohibited. Cheating includes, without limitation: accessing the App through unauthorized means, including modified clients or unofficial third-party software; operating multiple accounts; using any technique to alter or falsify a device’s location, including GPS spoofing; and buying, selling, or trading accounts. We may use lawful technical and analytical measures to detect and respond to cheating and fraud, and the App may not function on devices we detect or reasonably suspect of cheating.
8.2 No scraping or automated access. You will not scrape, harvest, index, or extract data from the App, or access it by any automated means — including bots, crawlers, or data-mining tools — other than interfaces we provide.
8.3 No circumvention. You will not bypass, disable, or circumvent any technological measure that protects the App or its content.
8.4 General prohibitions. You will not: transmit false source-identifying information; harass, threaten, stalk, or violate the rights of others; impersonate any person or entity; interfere with any user, host, or network, including by introducing malicious code, flooding, or overloading; use the App for any commercial purpose not authorized by us; or violate any applicable law, or assist or encourage anyone else to do any of the foregoing.
8.5 Enforcement; cooperation with authorities. We may investigate suspected violations of these Terms and conduct affecting the App, take any enforcement action described in these Terms, and consult and cooperate with law enforcement regarding unlawful conduct. Any related disclosure of personal information is made as described in our Privacy Policy.
9. Social features and PvP — reserved
Additional terms for expanded social features and player-versus-player modes will be issued as Supplemental Terms (S-3) when those features ship. Collection challenges available at launch are a for-fun mechanic with no rewards or stakes; each participant is assigned their own plant to find, the opposing participant sees only the outcome of the challenge, and Section 8 applies to all challenge conduct.
10. Third-party content, data, and software
10.1 Map data. The App contains information from an OpenStreetMap-derivative database (© OpenStreetMap contributors), made available under the Open Database License. Attribution and methodology are published at the page linked in the App.
10.2 Open-source components. The App includes open-source software components licensed under their own terms, listed on the acknowledgements and notices page in the App. Those licenses govern those components and prevail over any conflicting provision of these Terms as to those components, including the restrictions in Section 2.2 and the intellectual-property provisions of Section 12. Nothing in these Terms is intended to limit, and no provision of these Terms operates to limit, any right granted to you under one of those licenses or under the Open Database License governing the map data described in Section 10.1.
10.3 Third-party conduct and information. We are not responsible for the conduct of any third party, including other users, and the risk of injury or loss from third parties rests with you. Some information in the App is supplied by third parties, and we are not responsible for inaccuracies in third-party information.
11. Privacy
Our Privacy Policy at bioregionstudios.com/privacy describes what personal information we collect and how we use, disclose, and retain it, and is incorporated into these Terms by reference. Where these Terms address the handling of personal information, the Privacy Policy controls the data-protection aspects of that handling.
12. Intellectual property
Bioregion Studios, Inc. and its licensors own all right, title, and interest in and to the App and its content — including software, models, card artwork, text, and trademarks — which are protected by intellectual-property laws. Except for the limited licenses expressly granted in these Terms, no right or license is granted to you, by implication or otherwise.
13. Copyright complaints
We respect intellectual-property rights. If you believe that content available through the App infringes your copyright, send a written notice to legal@bioregionstudios.com that identifies the copyrighted work, identifies the material you believe infringes it and where it appears in the App, provides your contact information, and states that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law. We will review complaints and take appropriate action, and we terminate the accounts of repeat infringers in appropriate circumstances.
14. Disclaimer of warranties
To the fullest extent permitted by applicable law, the App and all content, identifications, and services provided through it are provided “as is” and “as available,” without warranty of any kind. Bioregion Studios, Inc. disclaims all warranties, express and implied, including accuracy, completeness, currency, merchantability, fitness for a particular purpose, quiet enjoyment, and non-infringement, and does not warrant that the App will be uninterrupted, secure, or error-free.
Device integrity. Bioregion Studios, Inc. is not responsible for battery depletion, thermal effects, mobile-data charges, or device wear resulting from GPS use or on-device machine-learning inference.
Restatement of the injury notice. Outdoor activity associated with the App can involve risk of injury, death, property damage, and other dangers. Plant identifications are probabilistic and can be wrong, and toxic plants can resemble edible ones. To the fullest extent permitted by applicable law, Bioregion Studios, Inc. disclaims responsibility for any personal injury, death, or property damage resulting from your use of the App, and any reliance you place on its information is strictly at your own risk.
15. Limitation of liability
15.1 Excluded damages. To the fullest extent permitted by applicable law, and under no legal theory (contract, tort, negligence, strict liability, or otherwise), will the Bioregion Parties be liable for any indirect, incidental, special, exemplary, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, even if advised of the possibility of such damages.
15.2 Cap. To the fullest extent permitted by applicable law, the Bioregion Parties’ total aggregate liability for all claims arising out of or relating to the App or these Terms will not exceed the greater of (i) the amounts you paid Bioregion Studios, Inc. in the twelve (12) months before the event giving rise to the claim or (ii) one hundred dollars ($100).
15.3 Essential purpose; survival. These limitations survive termination and apply even if a limited remedy fails of its essential purpose.
15.4 Savings clause. Nothing in Sections 4, 5, 14, or 15 excludes or limits any liability that cannot be excluded or limited under applicable law, including, where such limitation is prohibited, liability for gross negligence, willful misconduct, fraud, or death or personal injury. Some jurisdictions do not allow certain exclusions or limitations, so some of the above may not apply to you.
16. Indemnification
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless the Bioregion Parties from and against all claims, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your breach of these Terms; (b) your violation of any law or the rights of any third party; (c) your User Content; or (d) your misuse of the App, including any use in violation of Sections 4, 5, or 8. We may, at our expense, assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense.
17. Dispute resolution and arbitration
17.1 Informal resolution first (45 days). Before initiating arbitration or a small-claims action, you and Bioregion Studios, Inc. agree to attempt in good faith to resolve any dispute informally. The party raising the dispute must send a written notice (“Notice”) — to us at legal@bioregionstudios.com; to you at your account email — including the claimant’s name and contact information, counsel (if any), a description of the dispute, and the specific relief sought. The parties will confer in good faith, including by telephone or videoconference if either party requests it, with personal participation by the parties (with counsel, if represented). This process lasts forty-five (45) days from receipt of the Notice and is a mandatory condition precedent to arbitration; all applicable limitations periods and filing deadlines are tolled while it runs.
17.2 Agreement to arbitrate; NAM; FAA. These Terms evidence a transaction in interstate commerce, and the Federal Arbitration Act governs the interpretation and enforcement of this Section 17. If a dispute is not resolved within the 45-day period, either party may resolve it exclusively through final and binding arbitration administered by National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures, as supplemented where applicable by the NAM Supplemental Rules for Mass Arbitration Filings, each as modified by this Section 17. Exceptions: either party may (a) bring an individual action in small-claims court as provided in Section 17.10, and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual-property rights, or actual or threatened unauthorized access to or interference with the App or its systems — including cheating, falsification of device location (such as GPS spoofing), and circumvention of technical protection measures (Sections 8.1–8.3).
17.3 Jury waiver. You and Bioregion Studios, Inc. each waive the right to sue in court and to a trial by judge or jury. Arbitration has no judge or jury, and review of an arbitration award is limited.
17.4 Class-action waiver. Each of us may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, representative, or mass proceeding. Only individual relief is available. If a court of competent jurisdiction issues a final decision that this waiver is unenforceable as to a particular claim or request for relief, that claim or request (and only that one) will be severed and may be litigated in the courts identified in Section 17.10; all remaining claims proceed in arbitration.
17.5 Delegation. The arbitrator has exclusive authority to resolve all disputes about the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that the enforceability of the class-action waiver (Section 17.4) is for a court to decide.
17.6 Certification and sanctions. Counsel signing any arbitration demand certifies, consistent with the standards of Federal Rule of Civil Procedure 11(b), that the demand is not presented for an improper purpose, that its legal contentions are warranted, and that its factual and damages contentions have evidentiary support. If the arbitrator determines that a demand was filed inconsistently with that certification, the arbitrator may award the responding party its resulting arbitration fees and costs, consistent with applicable law and the NAM Rules.
17.7 Severability within this Section. Except as provided in Section 17.4, if any portion of this Section 17 is found invalid or unenforceable, that portion will be severed and the remainder of this Section will remain in full force and effect.
17.8 Your right to opt out (30 days). To opt out of this arbitration agreement, send us an email at legal@bioregionstudios.com with the subject line “Arbitration Opt-Out” within thirty (30) days after you first become subject to this agreement, stating your name, the email address associated with your account, and a clear statement that you want to opt out of arbitration. An opt-out is effective only if you submit it yourself, on your own behalf. Opting out does not affect any other provision of these Terms.
17.9 Survival; time limit for claims. This Section 17 survives termination of your account and these Terms. To the extent permitted by applicable law, any claim arising out of or relating to these Terms or the App must be filed within two (2) years after the claim accrues. This limitation does not apply to any claim that applicable law does not permit to be contractually shortened.
17.10 Governing law; venue; small claims. Except where preempted by federal law (including the FAA), these Terms and any dispute arising out of them are governed by the laws of the State of Delaware, excluding its conflict-of-laws rules — provided that this choice of law does not deprive you of mandatory consumer protections of the state where you reside. Any action permitted to be brought in court must be brought exclusively in (a) the state or federal courts located in Delaware or (b) the state or federal courts of the state where you reside, and each party consents to personal jurisdiction in those courts — except that a small-claims action under Section 17.2(a) may be brought in the small-claims court of the county where you reside (or, if brought by Bioregion Studios, Inc., where you reside or in Delaware).
17.11 Consumers outside the United States. The App is offered only in the United States. If you nonetheless reside in a jurisdiction whose law prohibits consumer arbitration agreements, this Section 17’s arbitration requirement does not apply to you.
17.12 Changes to this Section. If we materially change this Section 17, we will notify you and ask you to affirmatively accept the revised Section before it applies to you; if you do not accept, the version of this Section you most recently accepted continues to apply to you. Changes do not apply to any dispute for which a Notice or arbitration demand was already submitted. If you accept a materially revised version of this Section, a new thirty (30) day opt-out period under Section 17.8 runs from your acceptance. We will honor any validly exercised prior opt-out.
17.13 Arbitration fees and costs. For any arbitration you begin against Bioregion Studios, Inc., you are responsible only for the portion of the NAM filing fee equal to what it would cost you to file the same claim in the state court where you reside, and Bioregion Studios, Inc. will pay the remainder of the NAM filing, administrative, and arbitrator fees. For any arbitration Bioregion Studios, Inc. begins against you, we will pay all NAM filing, administrative, and arbitrator fees. If the NAM Rules or applicable law allocate these fees more favorably to you than this Section does, the NAM Rules or applicable law control. This Section does not require either party to pay the other’s attorneys’ fees except where applicable law or the NAM Rules so provide, and it does not limit Section 17.6.
18. General
18.1 Entire agreement; assignment. These Terms (with the documents they incorporate) are the entire agreement between you and Bioregion Studios, Inc. regarding the App and supersede prior agreements on that subject. You may not assign these Terms without our prior written consent, and any attempted assignment is void; we may assign them freely. Nothing in these Terms creates any agency, partnership, or employment relationship.
18.2 Severability. Subject to Section 17.7, if any provision of these Terms is held invalid or unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions remain in full force.
18.3 Force majeure. We are not liable for delay or failure to perform caused by events beyond our reasonable control, including natural disasters, pandemics, war, terrorism, civil unrest, governmental action, utility or network failures, or labor disputes.
18.4 Notices. Notices to us must be sent to legal@bioregionstudios.com. We may provide notice to you at the email address associated with your account or through the App, effective when sent or posted.
18.5 Electronic communications. You consent to receive communications from us electronically, and electronic communications satisfy any requirement that a communication be in writing, without affecting your non-waivable rights.
18.6 Feedback. If you send us feedback or suggestions, we may use them freely without obligation to you; do not send us anything you consider confidential.
18.7 No waiver. Our failure or delay in exercising any right is not a waiver of that or any other right.
18.8 Export controls and sanctions. You represent that you are not located in, and are not a resident or national of, any country or region subject to comprehensive U.S. sanctions, and that you are not on any U.S. government list of prohibited or restricted parties. You will not use or export the App in violation of U.S. export-control or sanctions laws.
18.9 Notice to California residents. Under California Civil Code §1789.3, California users are entitled to know that they may file grievances and complaints with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
18.10 Survival. Sections 2.2–2.3, 3.7, 4, 5, 6.2–6.5, 7.8, 12, 14, 15, 16, 17, and 18 survive any termination of these Terms or your account.
18.11 Contact. Bioregion Studios, Inc. · info@bioregionstudios.com (general inquiries and feedback) · legal@bioregionstudios.com (legal notices and claims) · privacy@bioregionstudios.com (privacy matters).
Supplemental Terms
S-1 — Apple App Store
These Terms are concluded between you and Bioregion Studios, Inc. only, not with Apple Inc. (“Apple”), and Bioregion Studios, Inc., not Apple, is solely responsible for the App and its content. Apple has no obligation to furnish maintenance or support for the App. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any purchase price you paid for the App; to the maximum extent permitted by law, Apple has no other warranty obligation, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are Bioregion Studios, Inc.’s sole responsibility. Apple is not responsible for addressing any claims by you or a third party relating to the App or your possession or use of it, including product-liability claims, claims that the App fails to conform to legal or regulatory requirements, claims under consumer-protection or similar laws, and claims of intellectual-property infringement — each of which is Bioregion Studios, Inc.’s sole responsibility to investigate, defend, settle, and discharge to the extent required by these Terms. You represent that you are not located in a country subject to a U.S. government embargo or designated a “terrorist supporting” country and are not on any U.S. government list of prohibited or restricted parties, and you will comply with applicable third-party terms when using the App. Apple and its subsidiaries are third-party beneficiaries of these Terms with respect to your license of the App and may enforce these Terms against you accordingly.