Mushroom Spot

Terms and Conditions

Effective Date: 06 October 2025

Welcome to Mushroom Spot, an interactive mushroom-spot mapping app where you can find and share mushroom spots with your friends and fellow mushroom enthusiasts (“App”).

FOREST SPOT LLC (“we,” “us,” or “our”) owns and operates the App.

The Terms of Service ("Terms") is a legally binding agreement that all visitors and users (“you” or “your”) must comply with when accessing and/or using the App, the mushroomspot.io share.mushroomspot.io websites (“Websites”), (altogether, the “Services”). The Terms incorporate our Privacy Policy.

PLEASE READ THE TERMS AND CONDITIONS CAREFULLY because it affects your rights and liabilities under the law. By using or accessing Services, you confirm that you have read and agreed to be bound by the Terms. If you do not agree with the Terms, you may not use or access the Services.

1. YOUR ACCOUNT

1.1. You may register an account in the App with your email address (“Account”), which you may use with unlimited devices. You agree to provide and maintain true, accurate, current, and complete information about your when prompted by the App’s registration page.

1.2. You are responsible for the security and confidentiality of your Account, including your password. You will not share your Account with any third party or permit any third party to login to the Services using your Account. Furthermore, you are entirely responsible for any and all activities that occur under your Account, whether you authorised it or not.

1.3. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security of which you become aware.

1.4. The App may also include a tool that allows you to sign in or register using information from your accounts in third party services, such as Apple, Google, and social media platforms. These third-party services are not related to the Services, and your use of such third-party services is subject to the terms and policies of those services.

2. PLANS AND SUBSCRIPTIONS

2.1. You can use the App using a freemium model with limited features available for free.

2.2. You may also use the App using any of the following paid plans that allow you to access the full features of the App (each a “Paid Plan”):

2.2.1. One-Month PRO, which does not automatically renew;

2.2.2. Annual PRO Subscription, which automatically renews; or

2.2.3. Lifetime PRO, which is permanent.

2.3. You may downgrade your Paid Plan at any time, but you will lose access to the full features of the App at the end of its period.

3. PAID PLANS

3.1 Payments. Payments for Paid Plans are processed exclusively via Apple App Store or Google Play store. Refunds are subject to the respective store’s policies. We never process nor store your payment information directly. By using a Paid Plan, you expressly and affirmatively authorize that your chosen payment method be charged by Apple Store or Google Play Store for the applicable fee.

3.2 Fees. Paid Plan fees are subject to change at the end of each Paid Plan period. Your continued use of the Paid Plan means that you agree to such potential changes.

3.3 Period. The Paid Plan will remain active during its period. There will be no refunds or credits for partial use, non-use, downgrade, or cancellation of the Paid Plan during its period. No exceptions will be made. Nevertheless, if you believe you are entitled to a refund or credit, please contact us. We reserve the right to determine at our sole discretion if any user is entitled to a refund.

4. SUBSCRIPTION AUTO-RENEWAL DISCLOSURE

4.1. Annual PRO Subscriptions automatically renew every year at the current fee, unless you cancel your subscription at least twenty-four (24) hours before the end of your current subscription period. You may manage or cancel your subscription at any time before the renewal date through the App settings or by contacting us at support@mushroomspot.io.

4.2. By subscribing to an Annual PRO Subscription, you expressly and affirmatively authorize that your chosen payment method be charged by Apple Store or Google Play Store for the renewal subscription, unless you cancel your subscription at least twenty-four (24) hours before the end of your current subscription period.

4.3. Upon cancellation, you will continue to have access to the Services until the end of the current paid period, and no further charges will be made.

5. RIGHT TO WITHDRAW

5.1 If you reside in the European Union, you may also have a statutory right to withdraw from a Paid Plan within fourteen (14) days of subscribing or paying, as provided under the EU Consumer Rights Directive (“Cooling Off Period”). Whenever applicable, you have the rights and protection provided by the laws of your country and/or in the EU.

5.2 If you want to exercise your right to withdraw, within the Cooling Off Period, you must contact us through the App contact page or our contact details at clause ‎37 below. We will send you a confirmation email within fifteen (15) days from our receipt of your notification to withdraw.

6. OUR CONTENT

6.1. In this Agreement, "Content" is any information displayed at the Services, including without limitation, general design, elements, text, graphics, photographs, images, moving images, sound, and illustrations and any other materials that are available at the Services.

6.2. Except for User Content as defined below, all content contained and/or displayed on the Services (“Our Content”) are owned by us, our licensors, vendors, agents and/or our content providers. Our Content is protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights. The Services, Our Content and all related rights therein shall remain our exclusive property or of our licensors unless otherwise expressly agreed. You will not remove any copyright, trademark, or other proprietary notices from Our Content.

6.3. Except as may be otherwise indicated in specific documents within the Services or as permitted by copyright law, you are authorized to view, play, print and download copyrighted documents, audio and video found on the Services for personal, informational, and non-commercial purposes only.

6.4. Except as permitted by copyright law, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Services.

7. TRADEMARKS/NO ENDORSEMENT

7.1 All of our trademarks, service marks and trade names used in the Services (including but not limited to: the FOREST SPOT name, the MUSHROOM SPOT name, MUSHROOM SPOT logo, Services name, Services design, and any logos) (collectively “Marks”) are our trademarks or registered trademarks or of our affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify our trademarks in any way, including in advertising or publicity pertaining to distribution of materials on Services, without our prior written consent. The use of our trademarks on any other site or network computer environment is not allowed. We prohibit the use of our trademarks as a “hot” link on or to any other site, unless we have approved in advance the establishment of such a link. You shall not use our name or any language, pictures or symbols which could, in our judgment, imply our endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without our prior written consent.

8. USER CONTENT

8.1. You may submit or otherwise make available data, messages, images, photographs, videos, names, locations, spot coordinates, descriptions, comments, and other information for display on the Services ("User Content").

8.2. You may also save any mushroom spot and designate it as private, including its coordinates, photos, notes, tags, timestamps, and related metadata, as part of your User Content (“Private Spot”). Your Private Spots are not visible to other users of the Services nor disclosed to third parties, unless you make them public or explicitly share them with others. Nevertheless, we may use the Non-Personal Data in your Private Spots in accordance with this clause 8 and for our Advertising Rights as described in clause 9 below. For more information about how we use your Non-Personal Data, please see our Privacy Policy.

8.3. You shall be solely responsible for your own User Content and the consequences of posting or publishing them. The App merely acts as a passive conduit for your online distribution and publication of your User Content.

8.4. By submitting User Content, you automatically warrant and represent to us that you are the owner of all intellectual property rights in and to the User Content or that you otherwise have all sufficient rights to grant the license above. By submitting User Content, you further warrant and represent that the User Content infringes no third-party right of privacy, right of publicity, or any other third-party right or proprietary interest.

8.5. By submitting or otherwise making available any User Content on the App, you automatically grant us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, sublicensable (through multiple tiers), license to use, modify, copy, distribute, transmit, publicly display, publicly perform, publish, adapt, create derivative works of, distribute, transfer or sell any such content, for any purpose, including but not limited to, analytics, research, commercial purposes, manual moderation on reports, and in connection with advertising for the sole benefit of the Services, in any type of media or in any form now known or later developed, without any payment to you. In addition, you automatically waive and give up any claim that any use of such content violates any of your rights, including privacy rights, publicity rights, moral rights, or any other right, including the right to approve the way the Services uses such content.

8.6. User Content does not represent our views nor of any person associated with us. We do not control User Content. In no event shall you represent or suggest, directly or indirectly, our endorsement of User Content. We do not vouch for the accuracy or credibility of any User Content on the Services, and do not take any responsibility or assume any liability for any actions you may take as a result of reading User Content on the Services.

9. ADVERTISING RIGHTS

9.1. We reserve the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with User Content. We and our licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in the Terms obligates or may be deemed to obligate us to sell, license or offer to sell or license any advertising, promotion or distribution rights.

10. RIGHT TO TAKEDOWN CONTENT

10.1 Without limiting any of our rights in law and equity, we reserve the right to remove any User Content for any reason in our sole discretion, including any User Content that we believe may violate the Terms, or any copyright or third-party rights.

10.2 If you wish to remove your User Content from the Services, you must contact us through the App contact page or our contact details at clause ‎37 below.

11. LICENSE TO USE

11.1. You are granted a limited, revocable, non-transferable license to access and use the Services for your personal, non-commercial, educational and recreational uses only, subject to these Terms. This license does not permit any form of data scraping, extraction, or automated data gathering. We reserve all rights not expressly granted herein.

11.2. We encourage a free and open exchange of ideas in a climate of mutual respect. Any action by a user that infringes on another user's right to use and enjoy the Services is prohibited. We reserve the right, but do not assume any obligation, to monitor your online conduct to enforce the Terms.

11.3. You must use the Services for lawful purposes only.

11.4. Your use and access of the Services does not include any right of resale, commercial use, or derivative of the Services or its Content, or any use of data mining, scraping, robots, or similar data gathering and extraction tools. The App and/or any portion of the Services may not be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose without our express written consent.

12. PROHIBITED USE AND CONTENT

You may not access or use any part of the Services (including posting, uploading, sharing, linking, framing, sending, or otherwise making available any content or data) for any of the following:

12.1. Dangerous or Knowingly False Mushroom Identifications. Content that presents or encourages unsafe foraging practices; claims a wild fungus is safe to handle or consume without reliable verification; or intentionally or recklessly provides a false identification that could foreseeably cause harm.

12.2. Promoting Illegal Drugs or Controlled Substances. Advertising, selling, facilitating the purchase, distribution, or manufacture of illegal drugs, controlled substances, or related paraphernalia; or instructions to create, cultivate, or synthesize them.

12.3. Private-Property Coordinates Without Permission. Posting GPS coordinates, maps, or other location data that identify private property or restricted areas without the owner’s explicit permission, or that encourage trespass or other unauthorized access.

12.4. Personal Data of Others. Sharing the personal data of others, including but not limited to, images that reveal faces or license plates, doxing information, contact details, payment information, precise locations, or any data that identifies or could reasonably identify a person, without consent of the data subject.

12.5. Illegal or Infringing Content. Anything that is unlawful; infringes or misappropriates intellectual property or other rights; or is hateful, harassing, threatening, obscene, pornographic, or defamatory.

12.6. Spam, Commercial Promotions, or Malware. Unsolicited or bulk messages; pyramid or multi-level marketing schemes; undisclosed or misleading endorsements; links or code that contain viruses, worms, spyware, ransomware, or other malicious or disruptive components; or attempts to interfere with, probe, or bypass any security or access controls.

12.7. Catch-All. Any activity that violates applicable law or regulation; attempts to interfere with the Service’s normal operation; or circumvents usage limits or technical measures.

13. COPYRIGHT INFRINGEMENT TAKEDOWN NOTICE

13.1. If you believe that a material or content found on or accessible through the Services infringes your copyright, we suggest checking if an exception (such as fair use) applies to the use of the copyright.

13.2. Infringement Notice. If you still want to make a copyright complaint, we provide a voluntary notice-and-takedown mechanism for alleged unlawful or infringing content in accordance with the laws of the Republic of Armenia and consistent with international best practices, including the notice required under the United States Digital Millennium Copyright Act (DMCA). You can submit a notice pursuant by providing our designated Agent with the following information in writing:

13.2.1. A description of the copyrighted work that you claim has been infringed upon;

13.2.2. A description of where (such as a link) to the material that you claim is infringing is located on the Services;

13.2.3. Your address, telephone number, and e-mail address;

13.2.4. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

13.2.5. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf;

13.2.6. An electronic or physical signature of the person authorized to act on behalf of the copyright owner.

13.3. Upon receipt of a valid notice, we will promptly investigate and remove or disable access to the allegedly infringing material. We will also notify the user who posted the material that it has been removed or disabled. If the user does not believe that the content is infringing or that the content should not be removed, they might reach out to you directly to resolve the issue or they might submit a counter-notice to us.

13.4. Counter-Notice. If you believe that your content on the Services was removed or disabled pursuant to a takedown notice by mistake or due to misidentification of the content, you can contest the takedown by submitting a counter-notice to our Agent. Your counter-notice must include all the following information:

13.4.1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;

13.4.2. A statement by you declaring under penalty of perjury that you have a good-faith belief that the material at issue was either misidentified or mistakenly removed;

13.4.3. Your name, address, and telephone number;

13.4.4. One of the following two statements: (a) If you are located within the Republic of Armenia: "I consent to the jurisdiction of the Republic of Armenia court in which my address is located and will accept service of process from the person who provided the notice set forth above or their agent." (b) If you are located outside of the Republic of Armenia: "I consent to the jurisdiction of any Republic of Armenia court where FOREST SPOT LLC is located and will accept service of process from the person who provided the notice set forth above or their agent."; and

13.4.5. Your physical or electronic signature.

13.5. We will review your counter-notice when we receive it. If we have questions, we will email you asking for more information. Otherwise, if your counter-notice is complete and valid, we will forward the information that you provided to the person who filed the complaint. If they do not notify us within 10-14 business days that they have filed a lawsuit against you, we will take steps to restore the content that we removed or disabled.

13.6. Infringement Policy. We may, in our sole discretion, limit access to the Services and/or terminate the Accounts who we believe may infringe any intellectual property rights of others, whether or not there is any repeat infringement.

13.7. Repeat Infringer Policy. We also adopt a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers of other’s copyrighted property.

13.8. False Claims. Please note that any person who knowingly or materially misrepresents that material or activity is infringing may be subject to liability.

13.9. Reservation of Rights. We may decline to act on incomplete, unclear, or abusive submissions. Nothing here limits our rights or obligations under applicable laws, including the Law on Copyright and Related Rights and the Civil Code of the Republic of Armenia, nor does it create third-party rights.

13.10. Our Agent. Our agent to whom you should address infringement notices is Roman Zakharenkov, Republic of Armenia, Kotayk Province, Jrvezh 2227, Horticultural Area, 5-th District / 1-2, support@mushroomspot.io, Phone Number +37498584495.

14. INFORMATION ON THE SERVICES

14.1 We attempt to ensure that information on the Services is complete, accurate and current. Despite our efforts, the information on the Services may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or currency of any information on the Services.

14.2 Through your use of the Services, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate, or deceptive. By using the Services, you assume all associated risks.

15. SECURITY

15.1 The information you provide us is stored on a secured private server. While we take reasonable precautions to protect your personal information, no security system is impenetrable and we cannot guarantee the security of information that you provide to us via the Internet, through the Services, through online ordering, or in databases stored on our servers.

16. LINKING TO THE SERVICES

16.1 We grant you a non-exclusive right to display at your site any link that would enable any user to go from your site to the Services. You obtain no rights other than the right to link to the Services. Further, we do not guarantee, approve, or endorse the information or products available on your site. If you wish to obtain written consent from us, please contact us.

16.2 Running or displaying the Services or any information or material displayed on the Services in frames or through similar means on another site without our prior written permission is prohibited.

17. THIRD-PARTY LINKS

17.1. From time to time, the Services may contain links to sites that we and our affiliates do not own, operate nor control. All such links are provided solely for your convenience. If you use these links, you will leave the Services. Neither we nor any of our respective affiliates are responsible for any content, material or other information located on or accessible from any other site. Neither we nor any of our respective affiliates endorse, control, sponsor, approve, guarantee, or make any representations or warranties regarding any other site, or any content, materials or other information located or accessible from any other site, or the results that you may obtain from using any other site. You will evaluate the security and trustworthiness of any site connected to or accessed through the Services before disclosing any personal information to them. We do not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure of personal information to those third-party sites.

18. MUSHROOM SAFETY DISCLAIMER

WARNING: MUSHROOM MISIDENTIFICATION CAN CAUSE SEVERE ILLNESS OR DEATH.

18.1.The Services is provided for educational and informational purposes only and does not provide medical, toxicological, or professional advice. Identification outputs, tips, and community posts may be incomplete, inaccurate, outdated, or location-inappropriate. Never handle or consume any mushroom based solely on information from the Services (including Artificial Intelligence results or User Content). Always verify with multiple authoritative sources and, when in doubt, consult a qualified mycologist or medical professional.

18.2. Assumption of Risk. By using the Services, you understand and expressly assume all risks associated with foraging and interacting with wild organisms, including but not limited to poisoning, allergic reactions, misidentification, adverse food interactions, wildlife encounters, environmental and terrain hazards, weather conditions, and legal consequences (such as trespass, harvesting restrictions, or protected-species rules). You are solely responsible for complying with all applicable laws, obtaining permissions, and using appropriate safety measures.

18.3. Emergency. If you suspect ingestion or exposure, seek immediate medical attention or contact local poison control.

19. ARTIFICIAL INTELLIGENCE-ASSISTED FEATURES AND DISCLAIMER

19.1. Use of Artificial Intelligence. The Services may use artificial intelligence and machine-learning systems (including large language models) operated by third-party vendors (“AI”) to generate, transform, summarize, or otherwise process content and data.

19.2. Nature of AI Outputs. AI-generated outputs are automatically produced, may be incomplete, inaccurate, or not up to date, and can reflect biases present in training data. AI outputs are general informational content and are not professional advice (including legal, medical, financial, engineering, or other regulated advice). You must not rely on AI outputs as the sole basis for decisions where errors could cause loss, damage, or harm.

19.3. User Review and Verification. You are solely responsible for reviewing, verifying, and testing, and for implementing appropriate human review, quality assurance, and backup measures before you use, publish, or redistribute the AI outputs.

20. NO WARRANTIES

20.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL CONTENT (INCLUDING AI OUTPUTS, MUSHROOM CONTENT, AND USER CONTENT) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

20.2. Without limiting the foregoing, we do not warrant that:

20.2.1. the Services will be uninterrupted, timely, secure, error-free, or compatible with your device, browser, or network;

20.2.2. any content (including identifications, coordinates, maps, or recommendations) will be accurate, complete, reliable, current, or fit for your purpose;

20.2.3. defects or errors will be corrected; or

20.2.4. the Services or servers are free of viruses, malware, or other harmful components.

20.3. You assume all risk for downloading, installing, or using the Service and for any loss of data or damage to your device.

21. LIMITATION OF LIABILITY

21.1. No Indirect/Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

21.2. Liability Cap. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR ANY CONTENT THEREIN SHALL NOT EXCEED THE GREATER OF (A) EUR €100 OR (B) THE FEES YOU PAID TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.

21.3. Scope. The above exclusions and cap apply to all theories of liability (contract, tort, including negligence, statute, strict liability, or otherwise) and to all claims in the aggregate, not per incident.

22. INDEMNIFICATION

22.1. You agree to defend (at our request), indemnify, and hold harmless FOREST SPOT LLC, our affiliates, and our respective directors, officers, employees, and agents from and against any and all claims, demands, complaints, actions, proceedings, losses, liabilities, damages, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: your User Content; your use or misuse of the Services; your infringement or violation of rights of any person or entity (including intellectual-property, privacy, publicity, or property rights); and your interactions with others or activities facilitated through the Services (including foraging, access to locations, or other off-platform conduct).

22.2. Procedure. We will promptly notify you of any claim subject to this clause; you will promptly assume control of the defense and settlement (subject to our reasonable approval). We may participate with counsel of our choice at our own expense, or assume the exclusive defense at our expense if you fail to provide a timely, adequate defense. You may not settle any claim that imposes obligations on us, admits fault on our behalf, or affects our rights, without our prior written consent (not to be unreasonably withheld).

23. MANDATORY RIGHTS NOT AFFECTED

23.1. Nothing in these Terms excludes or limits any warranties, conditions, remedies, or rights that cannot be excluded under applicable laws, including rights available to consumers regarding the quality and safety of goods and services and related remedies, liability for intentional (willful) breach, or that which cannot be excluded or limited by advance agreement.

24. RELEASE

24.1. In the event that you have a dispute with one or more other visitors, users, customers, or clients of the Services, you release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

25. THIRD-PARTY SERVICES

25.1. The Services may depend on, interoperate with, or link to third-party platforms and services (collectively, “Third-Party Services”). Third-Party Services are operated by third parties under their own terms and privacy policies. We do not control and are not responsible for their availability, performance, features, pricing, policies, data handling, or updates. The Services use the following Third-Party Services:

Category: Infrastructure
Service: Google Firebase Amazon Web Services (AWS) (S3, Lambda), MongoDB Atlas
Purpose: Hosting, Computing

Category: AI Identification
Service: Kindwise.id (FlowerChecker)
Purpose: Image recognition

Category: Mapping
Service: Mapbox
Purpose: Maps SDK & Tiles

Category: Payments and Fees
Service: Apple IAP, Google Play Billing, RevenueCat
Purpose: Billing and Entitlement

Category: Analytics
Service: Google Analytics, Microsoft (Clarity)
Purpose: Usage / UX Analytics

Category: Website & Support
Service: Wix
Purpose: Landing Page, Support Inbox

Category: Advertising
Service: Google Ads, Apple Search Ads, Microsoft Bing Ads
Purpose: User Acquisition

Category: Internal Tools (No direct user data)
Service: OpenAI (Development), Retool (Admin)

25.2. No Liability for Third-Party Outages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY UNAVAILABILITY, OUTAGE, DEGRADATION, ERROR, OR SUSPENSION of Third-Party Services, or for any resulting losses, delays, failures to deliver features or purchases, lost data, inaccurate reporting, billing or entitlement issues, or other consequences.

26. ELECTRONIC COMMUNICATIONS

26.1. By creating an Account or using the Services, you consent to receive all notices and communications from us electronically, including legal notices, updates to these Terms, receipts, security alerts, and account messages, via (a) email to the address you provide and keep current, and (b) in-app messages/notifications.

27. USER FEEDBACK

27.1. We welcome and encourage you to provide feedback, comments, and suggestions for improvements of the Services (“Feedback”). You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable (through several tiers) and transferable license under any and all intellectual property rights that you own or control in relation to the Feedback to use, reproduce, view, communicate to the public by any means, print, copy (whether onto hard disk or other media), edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit the Feedback for any purpose.

28. UPDATES TO THE TERMS OF SERVICE

28.1. We may modify these Terms at any time by posting its updated version on the Services, which is effective upon posting (or on a later “Effective Date” stated in the posting). Posting constitutes notice of the update. It is your responsibility to remain apprised of any revisions to the Terms and to remain in compliance therewith. Your continued access or use of the Services after the Effective Date will mean that you agree to be bound, without qualification, to the update Terms. Should you object to any such revisions to the Terms or become dissatisfied with the Services in any way, your only recourse is to immediately terminate your use of the Services.

29. TERMINATION

29.1. Termination by You. You may terminate your use of Services and/or cancel your Paid Plan at any time. If you do, you can use your Paid Plan until the end of its period.

29.2. Termination by Us. We may immediately terminate the Terms and/or block your access to the Services:

29.2.1. if you breach any part of the Terms or any applicable policies for the use of the Services; or

29.2.2. if you have failed to pay any due charges by the stated date.

30. FORCE MAJEURE

30.1. We shall not be responsible for damages or for delays or failures resulting from extraordinary and unavoidable circumstances under given conditions that prevents or makes impracticable performance, including, without limitation: natural disasters; fire; flood; earthquake; epidemic/pandemic (except Covid-19); war; terrorism; civil unrest; embargoes; governmental acts, sanctions, or export restrictions; nationwide or regional power, internet, cloud, or telecom outages not caused by a party; widespread platform/store outages; or mapping/geolocation infrastructure failures; or labour unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

31. MINIMUM AGE REQUIREMENTS

31.1. The Services are not directed to children. Access to and use of the Services is only for those who are at least 16 years old or otherwise capable of entering into and performing legal agreements, which you represent and warrant that you are by agreeing with the Terms. If you are younger than this, you may not access or use the Services.

32. CLASS-ACTION WAIVER

32.1. Individual Proceedings Only. To the maximum extent permitted by applicable law, each dispute, claim, or controversy between you and us must be brought only in your or our individual capacity and not as a plaintiff or member in any purported class, collective, representative, or group proceeding (the “Class Action Waiver”).

32.2. No Group Litigation or Consolidation Without Consent. You and we waive any right to participate in “group litigation” or other joined proceedings (including cases involving numerous claimants based on identical facts and legal grounds with common representation), and waive court or tribunal consolidation or joinder of separate claims, unless both parties give written consent.

32.3. Forum-Neutral Application. This Class-Action Waiver applies in court or in arbitration (if your agreement includes an arbitration clause). Parties may not seek to have any arbitration or court case proceed on a class, collective, representative, or group basis.

33. DISPUTE RESOLUTION AND ARBITRATION

33.1. Good-Faith Resolution. Before starting any formal process, you and we will try to resolve any dispute, controversy, or claim arising out of or relating to these Terms, including their formation, validity, performance, breach, termination, or interpretation (a “Dispute”), through good-faith negotiations for thirty (30) days from the date that one party has received a notice of Dispute from the other party.

33.2. Agreement to Arbitrate. If the Dispute is not resolved under good-faith resolution, it shall be finally settled by arbitration by the Armenian Arbitration Association under its Arbitration Rules, in Yerevan, in English, by a single arbitrator.

33.3. Interim and Conservatory Measures. Seeking interim, conservatory, or injunctive relief from any court of competent jurisdiction is compatible with this arbitration clause and does not waive arbitration.

33.4. Confidentiality. The parties, tribunal, institution, and any appointed experts shall keep the existence of the arbitration, all materials and information disclosed therein, and any award confidential, except to the extent disclosure is required by law, a regulator, a stock exchange, or to enforce or challenge an award.

33.5. Costs and Fees. The tribunal may apportion arbitration costs (including institutional fees, tribunal fees, and reasonable legal fees) between the parties as it deems appropriate, with a presumption that the unsuccessful party bears the costs.

33.6. Final and Binding Award; Recognition and Enforcement. The award shall be final and binding and may be entered and enforced in any court of competent jurisdiction.

34. GENERAL

34.1. Entire Agreement. The Terms of Service constitute the entire agreement between you and us with respect to its subject matter and supersedes all prior or contemporaneous agreements, understandings, negotiations, representations, and communications, whether written or oral, relating to such subject matter.

34.2. Counterparts. A printed version of the Terms will be admissible in judicial and administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

34.3. Severability. If any provision of the Terms is held to be invalid, illegal, or unenforceable by a court or authority of competent jurisdiction, such provision shall be deemed severed from this agreement to the extent of such invalidity, illegality, or unenforceability, and the remaining provisions shall continue in full force and effect.

34.4. Assignment. You agree that we may automatically assign the Terms and all incorporated agreements at our sole discretion. You cannot assign the Terms without our written consent.

34.5. Headings. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

34.6. No Waiver. Our failure to act with respect to your or others’ breach does not waive our right to act with respect to subsequent or similar breaches.

34.7. Survival. Any provisions of this Agreement which by their nature are intended to survive termination or expiration, including but not limited to those relating to confidentiality, indemnification, limitation of liability, dispute resolution, and intellectual property rights, shall remain in full force and effect notwithstanding the termination or expiration of this Agreement.

35. COURT VENUE

35.1. If the Agreement to Arbitrate is found invalid, unenforceable, or otherwise inapplicable to any Dispute, each party irrevocably submits to the exclusive jurisdiction of the courts of the Republic of Armenia, and agrees that venue shall lie exclusively in the courts located in Yerevan, Republic of Armenia. Each party waives any objection to such courts on grounds of inconvenient forum, lack of personal jurisdiction, or otherwise, and agrees not to assert any such objection.

36. JURISDICTION AND CHOICE OF LAW

36.1. This agreement shall be governed by and construed in accordance with the laws of the Republic of Armenia. Any dispute arising out of or in connection with this Agreement and/or the Services shall be subject to the exclusive jurisdiction of the courts located in the Republic of Armenia.

37. CONTACT US

37.1 If you have any questions or comments, please contact us through FOREST SPOT LLC, Republic of Armenia, Kotayk Province, Jrvezh 2227, Horticultural Area, 5-th District / 1-2, support@mushroomspot.io.