Terms of Use — Mycoscan
1. Introduction and Acceptance
1.1. These Terms of Use (Terms) govern your access to and use of the mobile application “Mycoscan” (App) provided by tritonus tech e.U., Inh. Benjamin Pape, Winckelmannstraße 30/7, 1150 Vienna Austria, hello@tritonus.ai (Provider, we, us).
1.2. By downloading, installing, accessing or using the App, you agree to be bound by these Terms. If you do not agree, do not use the App.
1.3. These Terms are provided in English. Any translations are for convenience only; in case of conflict, the English version prevails.
1.4. Our use of personal data is described in our Privacy Policy available at https://mycoscan.app/privacy.
2. Description of the Services and Limitation of Liability
2.1. Mycoscan uses artificial intelligence (AI) and machine learning to assist users in identifying mushroom species from images. The mushroom identification feature is based on AI. The results are probabilistic and may be inaccurate, incomplete or not up to date. The App is for general information and recreational purposes only.
Warning: The App may incorrectly label toxic mushrooms as non-toxicedible. The App does not constitute food safety, health, medical, or professional advice. You must not solely rely on the App to determine whether a mushroom is edible or safe to handle. You remain solely responsible for your decisions and actions.
2.2. The Provider shall not be liable for any damages, injuries, or losses (Damages) resulting from your use of the App or its results in violation of these Terms and the restrictions and requirements set forth herein. That said, the Provider shall only be liable for Damages in cases of intent or gross negligence on the part of its legal representatives or agents, unless the Damages result from an injury to life, body or health, or from a violation of mandatory product liability laws.
2.3. For all cases of other Damages (e. g., financial loss) caused by simple negligence, Provider will only be held liable for a breach of essential contractual obligations by its legal representatives and agents. Essential contractual obligations are those that define the contract and on which the participant can rely, e. g. the provision of the App itself and its core functions. In these cases, liability is limited to compensation for foreseeable damage typical for this type of contract at the time the contract was concluded. Any atypical or unforeseeable damage caused by simple negligence is not eligible for compensation. This includes any indirect damage resulting from your independent use of the App‘s results.
3. User obligations
3.1. You must be at least 18 years old to use the App. By using the App, you confirm you meet this requirement.
3.2. The App is intended for consumers for private, non-commercial use only. You agree to use the App only for its intended purpose and in compliance with these Terms and applicable laws.
3.3. You must not misuse the App or attempt to interfere with its operation.You agree that you will not:
3.3.1. solely rely on the App for decisions regarding the consumption or handling of mushrooms;
3.3.2. use the App for unlawful purposes or in violation of these Terms;
3.3.3. attempt to gain unauthorized access to the App or related systems;
3.3.4. interfere with or disrupt the operation of the App (including overloading, introducing malware, circumventing security);
3.3.5. use bots, scrapers or other automated means to access the App without our prior written consent;
3.3.6. engage in spam or unsolicited communications via the App;
3.3.7. commercially exploit the App or its outputs without our prior written consent.
3.4. We may terminate your access to the App in case of violations of these Terms and applicable laws at our discretion.
4. User Content
4.1. The App allows you to analyse photos that you (i) take via the camera on your device, and/ or (ii) that are already stored on your device (User Content). You represent and warrant that you own or have all necessary rights to use such User Content and that it does not infringe any third-party rights or violate applicable laws.
4.2. User Content may not include Prohibited Content such as content that is unlawful, harmful, deceptive, defamatory, infringing, obscene, hateful, or otherwise inappropriate. We may remove User Content or suspend/ terminate the use of our App where we reasonably believe rights are infringed or laws/ these Terms are violated.
4.3. The App is designed in a privacy-friendly way from the outset and processes only the minimum data necessary. User Content is stored only on your device and is analysed locally by the App. We do not have access to User Content.
4.4. You grant the Provider a worldwide, non-exclusive, royalty-free license to host, reproduce, process, display and otherwise use your User Content solely to provide, maintain, secure and improve the App and its features.
5. Intellectual Property
5.1. The App, its software, text, graphics, trademarks, and other materials are owned by the Provider and are protected by law.
5.2. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sub-licensable license to install and use the App on devices you own or control for private, non-commercial use. All rights not expressly granted remain with us. It is therefore prohibited to copy, modify, reverse engineer, decompile, disassemble, create derivative works from the App or to perform any similar action.
6. Third-Party Services and Links
6.1. The App may contain links to or integrate third-party content or services. We do not control and are not responsible for third-party content or services. Your use of them may be subject to additional terms and privacy policies of those third parties.
7. Purchases, Subscriptions, Trials
7.1. The terms of use of the App Store (e.g. the Apple App Store or the Google Play Store) from which you obtained the App also apply to the download and installation of Mycoscan. The App Store provider is not a party to these Terms. In the event of non-conformity, you may be entitled to a refund of the purchase price (if any) from the App Store to the extent required by applicable law or store policies. The App Store and its affiliates may be third-party beneficiaries of these Terms to the extent required by their policies, with the right to enforce applicable provisions against you. You agree to comply with applicable third-party terms when using the App.
7.2. Prices, currencies and applicable taxes will be displayed prior to purchase. If you purchase a subscription, it will continue until cancelled. You may stop using the App at any time.
7.3. Billing cycles, renewal terms and cancellation methods will be disclosed at purchase and in your account settings or platform account (e.g., Apple App Store/ Google Play).
7.4. Trials/ Introductory offers convert to paid subscriptions unless cancelled before the end of the trial as disclosed at sign-up.
7.5. Cancellations and refunds are managed through the App Store from which you purchased and are subject to the platform’s terms.
7.6. Statutory withdrawal rights for consumers (where applicable) are not affected and, for digital content/services, may cease once performance begins with your express consent. Details will be provided at the point of sale.
8. Miscellaneous
8.1. We reserve the right to modify or discontinue the App or its features at any time. We may also update these Terms; continued use of the App constitutes acceptance of the updated Terms.
8.2. These Terms are governed by the laws of Austria, excluding its conflict of law rules and CISG. This shall not deprive consumers of protection afforded by mandatory provisions of their habitual residences. Courts of Vienna, Austria shall have non-exclusive jurisdiction, subject to any consumer forum rights under applicable law. The Provider does not participate in consumer dispute resolution procedures before a consumer arbitration body.
8.3. You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms in whole or in part, including to affiliates or in connection with a merger, acquisition or asset transfer.
8.4. If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force. Failure to enforce any provision does not constitute a waiver.
8.5. These Terms constitute the entire agreement between you and the Provider regarding the App and supersede prior understandings relating to the App. Any additional or conflicting terms do not apply unless expressly agreed in writing.