1. These terms
These terms are an agreement between you and Quantitative Science Consulting, LLC ("QSC", "we", "us") about the WildObserve™ software, its updates, and the plans it's licensed under. By installing or using WildObserve™, you agree to them. If you use WildObserve™ for an organization, you agree to them on its behalf and confirm that you may. If you and QSC have signed a separate agreement, it takes precedence where the two differ.
2. Plans, and what each allows
WildObserve™ is available under four plans: Community, which is free, and Researcher, Lab, and Organization, which are paid annual licenses. The WildObserve™ Plans page sets out what each plan includes and costs. What each plan allows you to use WildObserve™ for is set out here.
- Community, Researcher, and Lab may be used only for Non-Commercial Use.
- Organization may be used for Commercial Use as well as Non-Commercial Use.
Commercial Use means any use of WildObserve™, or of anything it produces:
- by or on behalf of a for-profit business;
- in providing products or services for a fee, including consulting, surveys, monitoring, environmental assessments, or data processing done for clients; or
- otherwise for commercial advantage or monetary compensation, including selling or licensing results, data, or models made with WildObserve™.
Non-Commercial Use is any other use: for example, academic research and teaching, students' work, and research, conservation, and monitoring that nonprofit organizations and government agencies do for their own programs. Work done under a paid contract for someone else is Commercial Use, whoever does it.
If you're not sure whether your use is commercial, ask us at info@qsc.earth before you rely on a Community, Researcher, or Lab plan.
Workstations. A paid license covers the number of computers stated in it, which WildObserve™ shows on its License screen. Using it on more needs a license for more.
Production Model Training is a service we provide under a separate quote and agreement.
3. Your license
Subject to these terms, QSC grants you a non-exclusive, non-transferable license to install and use WildObserve™ for the uses your plan allows, on the number of computers it covers, for as long as your plan lasts. WildObserve™ is licensed, not sold: QSC and its licensors keep all rights in it, including the WildObserve™ name. Anything not expressly granted here is reserved.
4. What you may not do
You may not, and may not let anyone else:
- use WildObserve™ beyond what your plan allows, including Commercial Use without an Organization license;
- share a license key or license file beyond the computers your license covers;
- remove, bypass, or tamper with WildObserve™'s license checks;
- copy, modify, reverse engineer, decompile, or disassemble WildObserve™, except as far as the law allows despite this term;
- sell, rent, lend, sublicense, or distribute WildObserve™, or offer it to others as a hosted service (you may share the link to our download page);
- use WildObserve™ in breach of any law, including laws that protect wildlife or the privacy of people who appear in images.
5. Your data and results
Your images, their metadata, your annotations, your exports, and the models WildObserve™ trains on your computer are yours. WildObserve™ processes them on your computer, and QSC doesn't receive them; the Privacy Policy describes the little the app sends over the internet, including the email alerts you can opt in to (section 10). You're responsible for your data, including keeping backups and having the right to process the images you use, among them images of people.
6. AI suggestions
Detections, species suggestions, and other results from AI models are predictions and can be wrong. Review them before relying on them, especially for regulatory, legal, safety, or management decisions. You're responsible for how you use the results.
7. Open-source software and AI models
WildObserve™ includes open-source software and AI models, such as MegaDetector and SpeciesNet, that come under their own licenses. WildObserve™ lists them, and those licenses, under About. Those licenses govern those components, and nothing in these terms limits your rights under them.
8. Fees, renewal, and expiry
- Paid plans are billed annually, as stated in your quote or invoice, and are due on its terms. Taxes are yours to pay, apart from taxes on our income.
- A paid license lasts for the term stated in it, usually one year, and its price stays the same for that whole term. Prices for later years may go up; a new price applies only from your next renewal, and we'll tell you before it does.
- When a paid license expires, its features keep working for 30 days. After that, WildObserve™ continues as Community, for Non-Commercial Use only, and nothing you've made in it is lost.
- Except where the law requires otherwise, or your quote says so, fees are non-refundable.
9. Updates and online features
We may release updates that add, change, or remove features. WildObserve™ tells you about new versions, can activate and renew licenses and sign people in with Google over the internet, and, if you opt in, sends email alerts (section 10), as the Privacy Policy describes. An administrator can turn these online features off. Support is provided as described for your plan or in your agreement with us.
10. Email alerts
WildObserve™ can email alerts when new images show a species of concern. Alerts come with the Lab and Organization plans, and are off by default: WildObserve™ sends them only if you opt in. You opt in to alerts for a project when an administrator, in WildObserve™ (Rules… > Alerts by email…), sets up a mail server for them, lists the email addresses they go to, and turns on alerts for that project. Each project is opted in separately. Attaching the image to alerts is a further opt-in, off unless an administrator turns it on.
By opting in, you instruct WildObserve™ to send the information the Privacy Policy lists, from that project, through that mail server, to those addresses. You can opt out at any time in the same place, by turning alerts off, which also cancels any alert still waiting to be sent.
If you opt in:
- You choose the mail server, the recipients, and whether images are attached, and you're responsible for those choices. That includes having the right to use the mail account for alerts, having the recipients' agreement to receive them, and having the right to send what alerts contain, such as images in which people appear and the locations of sensitive species.
- Alerts are sent through your mail server, under its provider's terms. QSC doesn't receive, read, or store them. Once delivered, they're ordinary emails that recipients can keep or forward.
- Alerts depend on your mail server, your internet connection, the computer being on with WildObserve™ running, and AI results that can be wrong (section 6). They can arrive late or not at all, and WildObserve™ stops trying to send an alert after a day. Don't rely on alerts alone for safety, emergencies, or other decisions that can't wait.
11. Ending this agreement
You can stop using WildObserve™ at any time. If you materially breach these terms, for example by making Commercial Use without an Organization license, we may end your license by telling you. You must then stop using WildObserve™, and fees already paid aren't refunded. Sections 5 to 8, 10, and 12 to 15 continue after this agreement ends.
12. No warranty
To the fullest extent the law allows, WildObserve™ is provided "as is" and "as available", without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We don't warrant that WildObserve™ will be error-free or uninterrupted, or that its results will be accurate.
13. Limitation of liability
To the fullest extent the law allows, QSC won't be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill, arising from or related to WildObserve™ or these terms. QSC's total liability for all claims arising from or related to WildObserve™ or these terms is limited to the fees you paid QSC for WildObserve™ in the 12 months before the claim arose, or US$100 if you paid none.
Some places don't allow some of these exclusions or limits, so they may not all apply to you.
14. Changes to these terms
We may update these terms. We'll post the new version here with a new effective date. For a paid license, a material change applies from your next renewal, unless the law requires it sooner. Using WildObserve™ after a change takes effect means you accept it.
15. Law and disputes
These terms are governed by the laws of the State of Michigan, United States, without regard to its conflict-of-laws rules. The state and federal courts located in Michigan have exclusive jurisdiction over any dispute arising from them, and you and QSC consent to that jurisdiction.
16. Contact
Quantitative Science Consulting, LLC · info@qsc.earth · contact form
See also the WildObserve™ Privacy Policy.