Terms of Use

Effective Date: January 1, 2025

Welcome to Nēnē.org ("Site," "we," "our," or "us"). By accessing or using our Site and services, you agree to these Terms of Use ("Terms"). If you do not agree, do not use the Site.

1. Scope of Services

The Site and Kilo mobile application ("App") provide comprehensive Nēnē (Hawaiian Goose) conservation services including:

  • Sighting Reporting: Community sighting submissions with photo uploads and geolocation data
  • Adoption Program: Nēnē adoption services with recurring and one-time payment options via Stripe
  • Testimony Action Center: AI-powered testimony generation for conservation advocacy
  • UIPA Request Generator: Automated government information request form creation
  • Research & Analytics: Conservation data visualization and reporting
  • Educational Resources: Conservation information and community engagement tools
  • Injury Tracking: Wildlife injury reporting and management system
  • Administrative Tools: Manager and partner dashboards for data management
  • Mobile Field Data Collection: Real-time wildlife observation recording via Kilo App
  • Offline Data Access: Cached wildlife data for field use without internet connectivity

2. Information We Collect

We collect the following types of information when you use the Site and App:

  • Account/Contact Data: Name, email, mailing address, phone number, user profiles, and authentication data via Supabase
  • Sighting Data: Photos, videos, location coordinates (GPS), timestamps, observer notes, band information, and wildlife behavior observations
  • Payment Information: Billing details, Stripe payment tokens, subscription data, and donation records (processed securely via Stripe)
  • Generated Content: AI-generated testimony, UIPA requests, and personalized conservation documents
  • Technical Data: IP addresses, device information, browser data, cookies, session tokens, upload logs, and usage analytics
  • Administrative Data: User roles, permissions, content moderation decisions, and system access logs
  • Mobile App Data: Device location services, cached wildlife data, offline usage patterns, and field observation metadata
  • Third-Party Integrations: Data from Stripe payments, SendGrid email services, Google Maps API, and DeepSeek AI services

3. Use of Information

We use collected data for:

  • Conservation Research: Scientific analysis, population monitoring, and habitat studies
  • Service Delivery: Processing adoptions, generating testimony, creating UIPA requests, and managing sightings
  • Payment Processing: Handling donations and adoption payments via Stripe (we do not store full payment details)
  • AI Services: Generating personalized testimony and enhancing user-submitted content via DeepSeek API
  • Communications: Sending notifications, updates, and conservation alerts via SendGrid
  • Site Operations: Authentication, user management, content moderation, and security monitoring
  • Analytics: Usage tracking, performance optimization, and service improvement
  • Legal Compliance: Maintaining records for regulatory requirements and responding to government requests

4. Rights You Grant Us (User Submissions)

By submitting content (including sightings, photos, testimony, or other materials), you grant Nēnē.org a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, modify, publish, translate, distribute, display, and create derivative works from your submission for research, conservation, educational, outreach, marketing, and fundraising purposes.

Special Provisions for Different Content Types:

  • Sighting Photos: May be used in research publications, educational materials, and public conservation displays
  • AI-Generated Content: Testimony and documents generated using our AI services become part of our conservation advocacy efforts
  • Community Sightings: Subject to manager approval before inclusion in official database records
  • Anonymous Uploads: Processed with IP logging for security but without personal identification

You represent and warrant that:

  • You own or control the rights to your submission
  • Your submission does not infringe on any third-party rights
  • You have obtained consent from any individuals appearing in your submission
  • Information provided is accurate to the best of your knowledge

Submissions are not confidential and may be made publicly available unless specifically marked as anonymous.

4A. Kilo Mobile App Usage & Data Access

4A.1 User Role-Based Access Control

The Kilo App operates with strict role-based permissions:

Contributor Level:

  • View public feed content and educational resources
  • Search for general wildlife information
  • Access basic conservation data
  • Restrictions: Cannot access sensitive location data, individual bird details, or submit new observations

Supporter Level:

  • All Contributor permissions
  • Enhanced community engagement features
  • Access to adoption program through the App
  • Restrictions: Limited data access, cannot submit field observations

Partner Level:

  • All Supporter permissions
  • Submit wildlife sightings and injury reports
  • Access detailed individual bird information
  • View sensitive location data for conservation purposes
  • Use offline data caching for field work
  • Restrictions: Cannot delete others' content or access administrative functions

Manager Level:

  • All Partner permissions
  • Administrative oversight of submitted data
  • User management capabilities
  • Access to comprehensive wildlife database
  • Data export and analysis tools

4A.2 Data Access Permissions & Restrictions

Authorized Data Usage:

  • Wildlife data access is strictly limited to legitimate conservation, research, and educational purposes
  • Users may only access data appropriate to their assigned role level
  • Sensitive location data is restricted to Partners and Managers only
  • All data access is logged and monitored for compliance

Hawaiʻi Wildlife Center Injury Data Ownership:

  • All injury tracking data, rehabilitation records, and related wildlife health information provided by Hawaiʻi Wildlife Center remains the exclusive property of Hawaiʻi Wildlife Center
  • Access to Hawaiʻi Wildlife Center injury data requires explicit prior approval from Hawaiʻi Wildlife Center
  • Usage of injury data is restricted to personnel specifically authorized by Hawaiʻi Wildlife Center
  • Any research, analysis, or publication using Hawaiʻi Wildlife Center injury data must receive written consent from Hawaiʻi Wildlife Center
  • Users accessing injury data must comply with all additional terms and conditions specified by Hawaiʻi Wildlife Center

Prohibited Data Activities:

Users are expressly prohibited from:

  • Commercial Exploitation: Using wildlife location data for profit, tourism, or commercial ventures
  • Wildlife Harassment: Using location data to disturb, harass, or harm wildlife
  • Illegal Activities: Facilitating poaching, illegal hunting, or wildlife trafficking
  • Unauthorized Sharing: Distributing sensitive data to unauthorized third parties
  • Data Mining: Automated extraction or scraping of wildlife databases
  • Academic Misconduct: Falsifying observations, plagiarizing research, or misrepresenting data
  • Personal Gain: Using conservation data for non-conservation personal benefit
  • Security Violations: Attempting to access data beyond assigned permission levels
  • Location Exploitation: Using precise GPS coordinates to exploit wildlife habitats
  • Injury Data Misuse: Accessing, sharing, or using Hawaiʻi Wildlife Center injury data without explicit authorization from Hawaiʻi Wildlife Center

4A.3 Field Conduct & Wildlife Ethics

Mandatory Field Practices:

  • Maintain minimum 25-foot distance from Nēnē and other wildlife
  • Follow all federal, state, and local wildlife protection regulations
  • Respect private property and obtain necessary access permissions
  • Report injured or distressed wildlife through proper channels immediately
  • Use App's injury reporting feature for documented wildlife health concerns

Observation Standards:

  • Submit accurate, unmanipulated photos and data only
  • Include precise timestamps and GPS coordinates when safe to do so
  • Provide detailed, factual observation notes
  • Report band numbers and auxiliary markers accurately
  • Document behavior observations objectively without interpretation

Prohibited Field Activities:

  • Approaching wildlife closer than legally required distances
  • Using calls, sounds, or attractants to lure wildlife for photos
  • Disturbing nests, feeding areas, or roosting sites
  • Trespassing on private or restricted lands
  • Interfering with ongoing research or management activities

4A.4 Data Security & Offline Usage

Security Requirements:

  • Enable device lock screens and biometric authentication
  • Keep App updated to latest security version
  • Report suspected security breaches immediately
  • Do not share login credentials with others
  • Log out when using shared or public devices

Offline Data Handling:

  • Cached data is for authorized field use only
  • Offline data expires automatically and must be refreshed
  • Do not extract or copy cached data to external systems
  • Maintain device security when accessing offline data
  • Sync data promptly when connectivity is restored

4A.5 Image and Media Guidelines

Photo Submission Standards:

  • Original, unedited photos only (basic cropping/rotation acceptable)
  • Remove or obscure any personal identifying information from metadata
  • Ensure photos do not reveal sensitive nest or den locations
  • Include scale references when documenting injuries or abnormalities
  • Verify photo timestamps match actual observation times

Prohibited Image Content:

  • Manipulated or artificially enhanced wildlife photos
  • Images that compromise wildlife safety or reveal sensitive locations
  • Photos taken in violation of wildlife protection laws
  • Content including personal information of other individuals
  • Images obtained through harassment or disturbance of wildlife

4B. Mobile App Enforcement & Monitoring

4B.1 Compliance Monitoring

We actively monitor App usage to ensure compliance with these Terms:

  • Automated Systems: Real-time monitoring of data access patterns, location tracking, and user behavior
  • Usage Analytics: Regular analysis of data downloads, search queries, and offline caching patterns
  • Audit Trails: Comprehensive logging of all data access, modifications, and sharing activities
  • Anomaly Detection: Automated alerts for suspicious activity, unauthorized access attempts, or policy violations
  • Peer Reporting: Community-based reporting system for suspected misuse or violations

4B.2 Violation Response Procedures

Warning System:

  • First Violation: Written warning with mandatory policy review and acknowledgment
  • Second Violation: Temporary access restriction (7-30 days) and required ethics training
  • Third Violation: Extended suspension (30-90 days) and formal review process
  • Severe Violations: Immediate permanent account termination and potential legal action

Immediate Termination Offenses:

  • Commercial exploitation of wildlife location data
  • Activities that result in wildlife harassment or harm
  • Unauthorized sharing of Hawaiʻi Wildlife Center injury data
  • Illegal wildlife trafficking or poaching activities
  • Systematic data mining or unauthorized bulk data extraction
  • Security breaches or hacking attempts
  • Falsification of scientific data or research misconduct

4B.3 Appeal Process

Users may appeal enforcement actions through our formal review process:

  • Appeal Submission: Written appeal must be submitted within 30 days of enforcement action
  • Review Committee: Independent panel including conservation experts and legal advisors
  • Evidence Review: Comprehensive examination of usage logs, submitted evidence, and witness statements
  • Decision Timeline: Final decision rendered within 60 days of appeal submission
  • Final Authority: Review committee decisions are final and binding

4B.4 Data Access Revocation

Upon violation or termination:

  • Immediate revocation of all data access privileges
  • Automatic deletion of cached offline data from user devices
  • Prohibition from creating new accounts or accessing services
  • Potential legal action for damages or ongoing violations
  • Notification to relevant conservation partners and authorities when appropriate

5. Responsibilities & Prohibited Uses

You agree not to use the Site or App to:

  • Upload or transmit unlawful, defamatory, obscene, offensive, or harmful content
  • Infringe on intellectual property or privacy rights
  • Attempt to disrupt or gain unauthorized access to the Site or its systems
  • Misrepresent your identity or affiliation
  • Submit false sighting data or manipulated wildlife photos
  • Abuse the AI testimony generation system for non-conservation purposes
  • Circumvent payment processing or attempt fraudulent transactions
  • Violate any applicable laws or regulations
  • Engage in automated data collection or scraping without permission
  • Use wildlife data for commercial exploitation, harassment, or illegal activities
  • Access or share Hawaiʻi Wildlife Center injury data without proper authorization
  • Violate role-based access controls or attempt to access data beyond assigned permissions

We reserve the right to remove or restrict access to any content or user at our discretion, including immediate suspension for security violations.

6. Privacy & Data Retention

Data Security:

  • Personal data is protected using industry-standard encryption and security measures
  • Authentication handled securely via Supabase with session management and CSRF protection
  • Payment data processed through PCI-compliant Stripe infrastructure
  • File uploads undergo security validation and malware scanning

Data Retention:

  • Sighting data and photos may be stored indefinitely for conservation research purposes
  • User account data retained while account is active, plus 7 years for legal compliance
  • Payment records retained per financial regulations (7 years minimum)
  • Upload logs and security data retained for 2 years
  • Anonymous donation records may be retained indefinitely for tax purposes

Your Rights:

  • Request access to your personal data
  • Request correction of inaccurate information
  • Request deletion where legally permissible (some conservation data may be retained for scientific purposes)
  • Opt out of non-essential communications
  • Contact us at [contact email] for privacy requests

Age Restrictions:

  • Site is not directed at children under 13
  • Users aged 13–18 must have parental or guardian consent
  • We do not knowingly collect personal information from children under 13

7. Donations, Adoptions & Payment Processing

Nēnē Adoption Program:

  • Adoption tiers available: monthly, annual, and lifetime options
  • Recurring subscriptions processed automatically via Stripe
  • Lifetime adoptions may include naming rights for eligible Nēnē
  • Anonymous adoptions supported (payment processed before account creation)
  • Pending adoptions stored securely until user authentication is completed

Payment Terms:

  • All donations and adoption payments are final and non-refundable unless required by law
  • Subscription cancellations take effect at the end of the current billing period
  • Payment processing handled securely by Stripe (PCI DSS compliant)
  • We do not store complete payment card details on our servers
  • Failed payments may result in adoption status changes or service suspension

Refund Policy:

  • Refunds only provided as required by applicable law or in cases of technical error
  • Subscription services can be cancelled but past payments are non-refundable
  • Contact us immediately if you believe a payment error has occurred

Third-Party Services:

  • We disclaim liability for third-party payment processor issues or service interruptions
  • Stripe's terms of service apply to all payment transactions

8. Artificial Intelligence & Third-Party Services

AI-Generated Content:

  • Testimony generation powered by DeepSeek AI with custom conservation prompts
  • AI-generated content becomes part of our conservation advocacy efforts
  • Users retain rights to their input data but grant us rights to use generated outputs
  • AI services may process your data outside the United States
  • We are not responsible for AI-generated content accuracy or appropriateness

Third-Party Service Integrations:

  • Stripe: Payment processing (subject to Stripe's Privacy Policy and Terms of Service)
  • SendGrid: Email communications (subject to SendGrid's Privacy Policy)
  • Supabase: Database and authentication services (subject to Supabase's Privacy Policy)
  • Google Maps API: Location services and mapping functionality
  • DeepSeek AI: Content generation services (subject to DeepSeek's Terms of Service)

Each third-party service operates under its own terms and privacy policies, which you should review.

9. Intellectual Property

  • All content on the Site (logos, text, graphics, images, videos, software, and design) is owned by or licensed to Nēnē.org and protected by copyright and trademark law
  • You may not reproduce, distribute, or create derivative works from our content without written permission, except for personal, non-commercial use
  • User-submitted content remains owned by the user but is licensed to us as described in Section 4
  • AI-generated content created through our services is jointly owned and may be used for conservation purposes

10. Indemnification

You agree to indemnify, defend, and hold harmless Nēnē.org, its affiliates, staff, and partners from claims, damages, or expenses (including legal fees) resulting from:

  • Your use of the Site or violation of these Terms
  • Your submissions, including false or inaccurate sighting data
  • Your use of AI-generated content for purposes outside our intended conservation mission
  • Any breach of your representations and warranties
  • Third-party claims related to your uploaded content

11. Disclaimers & Limitations of Liability

Service Disclaimers:

  • The Site and its content are provided "as is" without warranties of any kind
  • We do not guarantee the accuracy, completeness, or reliability of any content, including AI-generated materials
  • Conservation data presented on the Site may be incomplete, unverified, or subject to scientific revision
  • Sighting data depends on community submissions and may contain errors
  • AI-generated testimony and documents are tools only and should be reviewed before use

Liability Limitations:

  • We are not liable for damages arising from use of the Site, reliance on submitted data, service interruptions, or third-party services
  • Maximum liability limited to the amount paid by you in the 12 months preceding the claim
  • We disclaim liability for third-party service failures (Stripe, SendGrid, Supabase, DeepSeek, Google Maps)
  • Not responsible for data loss, security breaches of third-party services, or AI-generated content accuracy
  • Wildlife conservation decisions should not be based solely on Site data without professional consultation

12. Termination

Account Termination:

  • We may suspend or terminate access to the Site or any feature at any time without notice for conduct that violates these Terms or is harmful to the Site or others
  • Immediate termination for security violations, fraudulent activity, or abuse of AI services
  • Upon termination, your right to use the Site ceases immediately
  • Adoption subscriptions will be cancelled, but past payments remain non-refundable
  • We may retain certain data as required by law or for legitimate conservation research purposes

User-Initiated Termination:

  • You may delete your account at any time through your profile settings
  • Account deletion does not automatically delete submitted sighting data used for conservation research
  • Contact us to request complete data deletion where legally permissible

13. Changes to Terms

We may update these Terms periodically to reflect changes in our services, legal requirements, or business practices. The updated version will be posted with the effective date. Continued use of the Site after changes means you accept the revised Terms. For material changes, we will provide notice via email or prominent site notification.

14. Governing Law & Jurisdiction

These Terms are governed by the laws of the State of Hawaii, United States. Any disputes must be resolved exclusively in the state or federal courts located in Hawaii. You consent to the jurisdiction of such courts and waive any objection to venue.

15. Contact Information

For questions about these Terms, privacy concerns, or to exercise your data rights, contact us at:

Effective Date: January 1, 2025

Last Updated Date: September 7, 2025

By continuing to use Nēnē.org, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.