Terms and Conditions

1. Eligibility

You must be at least 16 years of age to create an account or use the App.

By using the App, you represent and warrant that you meet this requirement and have the legal capacity to enter into these Terms.

2. Description of Services

GenCal Aviary Keeper provides tools and features including, but not limited to:

• Aviary management
• Bird record keeping
• Pairing management
• Breeding and hatch tracking
• Genetics calculations and breeding predictions
• Photo and record storage
• Reporting and historical record management

We may modify, add, suspend, or remove features at any time without prior notice.

3. User Accounts

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activity conducted through your account
• Ensuring information provided is accurate and current

You must notify us immediately if you suspect unauthorized access to your account.

4. Genetics Calculator Disclaimer

The genetics calculator is provided for educational and informational purposes only.

Genetic outcomes are based on available data, assumptions, and scientific understanding but are not guaranteed.

Users acknowledge that:

• Genetic inheritance can vary
• Calculations may contain errors or limitations
• Actual breeding outcomes may differ from predictions

We accept no responsibility for breeding decisions made based on information generated by the App.

5. User Content

You retain ownership of content you upload, including:

• Bird records
• Images
• Notes
• Breeding records
• Genetics information

By uploading content, you grant us a non-exclusive, worldwide, royalty-free licence to store, process, back up, and display that content solely for the purpose of operating and improving the App.

You are responsible for ensuring that any content uploaded does not violate applicable laws or the rights of others.

6. Acceptable Use

You agree not to:

• Use the App for unlawful purposes
• Upload malicious software or code
• Attempt to gain unauthorized access to the App or other user accounts
• Interfere with the proper working of the App
• Use the App in any way that could damage, disable, overburden, or impair it

7. Subscriptions and Payments

Some features of the App may require a paid subscription.

Payment terms, billing cycles, and pricing are displayed at the point of purchase.

All payments are processed by third-party providers. We do not store full payment card details.

Subscriptions may auto-renew unless cancelled before the renewal date.

8. Service Availability

While we take reasonable measures to maintain availability and protect user data, we do not guarantee:

• Continuous availability
• Error-free operation
• Permanent retention of user content

Users are encouraged to maintain their own backups of important records.

9. Intellectual Property

All intellectual property rights relating to the App, including:

• Software
• Design
• Logos
• Branding
• Databases
• Content created by us

remain our exclusive property or the property of our licensors.

Nothing in these Terms transfers ownership of intellectual property rights to users.

10. Limitation of Liability

To the maximum extent permitted by law:

• The App is provided "as is" and "as available"
• We make no guarantees regarding accuracy, reliability, or fitness for a particular purpose
• We are not liable for indirect, incidental, consequential, special, or punitive damages
• We are not liable for breeding losses, business losses, lost profits, or loss of data resulting from use of the App

Where liability cannot legally be excluded, it is limited to the maximum extent permitted under applicable law.

11. Indemnity

You agree to indemnify and hold harmless GenCal Aviary Keeper, its owners, operators, employees, and contractors from any claims, losses, damages, liabilities, and expenses arising from:

• Your use of the App
• Your uploaded content
• Breach of these Terms
• Violation of applicable laws

12. Termination

We may suspend or terminate access to the App if:

• These Terms are breached
• Fraudulent activity is suspected
• Continued access poses risk to the App or other users

Users may stop using the App and delete their accounts at any time.

13. Privacy

Your use of the App is also governed by our Privacy Policy.

By using the App, you acknowledge that you have read and understood the Privacy Policy.

14. Changes to These Terms

We may update these Terms from time to time.

Updated versions will be published within the App or on our website.

Continued use of the App following publication of changes constitutes acceptance of the updated Terms.

15. Governing Law

These Terms are governed by the laws of Queensland, Australia.

Any disputes arising from these Terms or use of the App shall be subject to the jurisdiction of the courts of Queensland, Australia.

16. Contact Us

If you have questions regarding these Terms and Conditions, please contact us using the contact form provided on this website.