Terms of Service

Last updated: 19 April 2026

These Terms of Service ("Terms") govern your use of the Kagn wildlife journal application ("the App") operated by Kagn ("we", "us", "our"). By using the App you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using the App, you confirm that you have read, understood, and agree to these Terms and our Privacy Policy. If you do not agree, do not use the App.

2. Description of Service

Kagn is a personal wildlife sighting journal that allows users to record species sightings, attach photos and GPS coordinates, build a lifelist, and participate in community features including shared sighting maps.

3. User Accounts

You may create an account by providing your name and email address. You are responsible for maintaining the security of your account and for all activity that occurs under it. You must provide accurate information and keep it up to date.

4. User Content

Ownership: You retain full ownership of all content you submit, including photos, sighting data, and notes.
License to Kagn: By submitting content, you grant Kagn a non-exclusive, royalty-free, worldwide, perpetual license to display, reproduce, resize, and distribute your content within the App and its features. This includes but is not limited to: community sighting maps, species pages, and using your photos as representative species images visible to all users (e.g. as thumbnails or reference photos on species cards and detail pages). Photos used in this way will be credited to you by display name. This license exists solely to operate, promote, and improve the App.
Aggregated Data: Sighting data may be aggregated and anonymised for community features such as species distribution maps, hotspot identification, and statistical summaries. Individual sightings are attributed to users only within the App's community features.
Content Removal: If you delete your account, we will remove your content from active use. However, cached or aggregated data that has already been distributed may persist. Photos selected as representative species images may be retained with attribution unless you specifically request their removal.

5. Acceptable Use

You agree not to:

Submit abusive, offensive, or unlawful content.
Upload content that infringes on the rights of others.
Attempt to interfere with or disrupt the App's infrastructure.
Use the App for any purpose other than personal wildlife journaling and community participation.
Scrape, harvest, or systematically access the App's data without authorisation.

6. AI Features — Important Safety Notice

The App includes AI-powered species identification and AI-generated species information (descriptions, behaviour, habitat). These features are provided for informational and educational purposes only.

No guarantee of accuracy: AI identifications and AI-generated information may be incorrect, incomplete, or misleading. We make no warranty regarding their accuracy.
Dangerous species warning: AI identification must never be used to determine whether a species is safe to handle, approach, or consume. This includes but is not limited to venomous or poisonous snakes, spiders, scorpions, frogs, plants, and fungi. A misidentification could result in serious injury or death.
Not a safety tool: The App is a wildlife journal, not a field safety guide. Always treat unfamiliar wildlife as potentially dangerous. When in doubt, consult a qualified expert.
Your responsibility: You use AI features entirely at your own risk. Kagn accepts no liability for any harm, injury, or loss arising from reliance on AI identifications or AI-generated content.

7. Third-Party Services

The App relies on third-party services to deliver its features, including cloud hosting, AI processing, payment processing, and wildlife data providers. Photos submitted for AI identification are sent to a third-party AI service for processing. We are not responsible for the availability, accuracy, or policies of third-party services.

We use Google Analytics 4 to measure how the App is used, in line with our Privacy Policy. By using the App outside the EU, UK, or EEA you consent to this processing.

8. Minimum Age

You must be at least 13 years old to use the App. If you are under 18, you confirm that you have the consent of a parent or legal guardian.

9. Disclaimer of Warranties

The App is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the App will be uninterrupted, error-free, secure, or free of defects. We do not warrant the accuracy of any AI identifications, AI-generated content, or species information provided through the App.

10. Data Loss

You are solely responsible for maintaining your own backups of any data you consider important. We are not liable for any loss, corruption, or deletion of data, sighting records, photos, audio, video, or other content — whether caused by service interruptions, technical failures, account termination, service discontinuation, or any other reason. The App's export functionality is provided as a convenience; we do not guarantee its availability or completeness. You acknowledge that data stored on our servers may be permanently deleted without notice.

11. Limitation of Liability

To the maximum extent permitted by applicable law, Kagn and its owners, operators, and contributors shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, loss of profits, personal injury, or damages arising from:

Data loss, corruption, or deletion, for any reason;
Service interruptions, modifications, or permanent discontinuation;
Reliance on AI identifications or AI-generated species information;
Interactions with wildlife based on information obtained through the App;
Data breaches or unauthorised access to your account;
Any third-party services the App relies on.

12. Service Changes and Termination

Right to discontinue: We may modify, suspend, or permanently discontinue the App (or any part of it) at any time, for any reason, with or without notice. We are under no obligation to maintain, support, update, or continue operating the App.
No obligation upon discontinuation: If we discontinue the App, we are not obligated to maintain your data, provide data export or migration services, or offer refunds for any unused portion of paid subscriptions. We will make reasonable efforts to provide advance notice, but this is not guaranteed.
Data export: Users may export their sighting data at any time through the App's export functionality while the App is operational. We recommend exporting your data regularly.
We may terminate or suspend your access for violation of these Terms, with or without notice.

13. Paid Services

Sighting visibility: Sightings default to public and appear on community maps and features. Any user can mark a sighting as private at save time, in which case it will not be shared.
Subscriptions: Certain features require a paid subscription (Kagn Plus or Kagn Pro). Pricing and features are as described at the time of purchase.
Auto-renewal: Subscriptions purchased through the Google Play Store renew automatically at the end of each billing period unless cancelled before the renewal date.
Cancellation: You may cancel your subscription at any time through the Google Play Store. Cancellation takes effect at the end of the current billing period — you retain access to paid features until then.
Refunds: Refund requests for Play Store purchases are handled by Google in accordance with their refund policies. For Gumroad purchases, contact us within 14 days of purchase for a refund.
Price changes: We reserve the right to modify pricing with reasonable notice. Existing subscribers will be notified before any price increase takes effect.

14. Changes to These Terms

We may update these Terms from time to time. Continued use of the App after changes constitutes acceptance of the updated Terms. We will make reasonable efforts to notify users of material changes.

15. Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa, including the Consumer Protection Act 68 of 2008 and the Protection of Personal Information Act 4 of 2013 (POPIA). Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of South Africa.

16. Contact

For questions about these Terms, please contact us at [email protected].