Terms of Service

1. Acceptance of Terms

Welcome to BirdlyHQ. By accessing or using our platform, website, and services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Services.

These Terms constitute a legally binding agreement between you and BirdlyHQ, Inc. ("BirdlyHQ," "we," "our," or "us").

2. Description of Services

BirdlyHQ is an AI-powered engagement platform for X (formerly Twitter) that helps creators grow their audience through:

• Discovering trending conversations in your niche
• AI-generated reply suggestions trained on your voice
• Content scheduling and posting capabilities
• Viral Vault access with proven content templates
• Analytics and engagement tracking

3. Account Registration

To use BirdlyHQ, you must:

• Be at least 18 years of age
• Register for an account with accurate, current, and complete information
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our discretion.

4. X/Twitter Integration

By connecting your X/Twitter account to BirdlyHQ, you:

• Authorize us to access your X account data through X's official APIs
• Grant us permission to read public tweets and post content on your behalf
• Understand that we will never access your direct messages
• Acknowledge that we will never automatically follow or unfollow accounts
• Retain full control over what content gets posted

You remain solely responsible for all content posted through BirdlyHQ to your X account. You must comply with X's Terms of Service and Developer Agreement.

5. Acceptable Use

You agree NOT to use BirdlyHQ to:

• Violate any applicable laws, regulations, or third-party rights
• Post spam, misleading content, or engage in coordinated inauthentic behavior
• Harass, bully, threaten, or intimidate any person
• Post hate speech, violent content, or content promoting illegal activities
• Impersonate others or misrepresent your affiliation with any person or entity
• Attempt to gain unauthorized access to our systems or other users' accounts
• Use automation in ways that violate X's Terms of Service
• Scrape, copy, or redistribute our content or data
• Interfere with or disrupt the integrity of our Services
• Use the Services for any purpose other than their intended use

6. Subscription and Payments

6.1 Free and Paid Plans

BirdlyHQ offers both free and paid subscription plans. Paid plans provide access to additional features as described on our pricing page.

6.2 Billing

• Paid subscriptions are billed in advance on a monthly or annual basis
• All fees are non-refundable except as expressly stated in these Terms
• We may change our pricing with 30 days' notice
• You authorize us to charge your payment method for all applicable fees

6.3 Free Trial

We may offer a free trial period for paid plans. After the trial ends, you will be automatically charged unless you cancel before the trial period expires.

6.4 Cancellation

You may cancel your subscription at any time through your account settings. Upon cancellation, you will retain access to paid features until the end of your current billing period. No refunds will be provided for partial months.

7. Intellectual Property

7.1 Our Intellectual Property

BirdlyHQ and its licensors own all rights, title, and interest in the Services, including all software, designs, text, graphics, and other content (excluding user content). You may not copy, modify, distribute, sell, or lease any part of our Services without our written consent.

7.2 Your Content

You retain ownership of content you create through BirdlyHQ. By using our Services, you grant us a license to use, store, and process your content solely to provide and improve our Services.

7.3 Viral Vault Content

Content in the Viral Vault is provided for personal use on your X account. You may not redistribute, resell, or use Viral Vault content for purposes other than posting to your own social media accounts.

8. AI-Generated Content

BirdlyHQ uses artificial intelligence to generate content suggestions. You understand and agree that:

• AI-generated content is provided as suggestions only
• You are responsible for reviewing and editing all content before posting
• We do not guarantee the accuracy, appropriateness, or effectiveness of AI suggestions
• You remain solely liable for any content you post to X through our platform
• AI outputs may occasionally produce unexpected or inappropriate content

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY OR COMPLETENESS OF CONTENT
• UNINTERRUPTED OR ERROR-FREE SERVICE
• RESULTS OR OUTCOMES FROM USING THE SERVICES

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIRDLYHQ SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless BirdlyHQ and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising out of or related to your use of the Services, your content, or your violation of these Terms.

12. Modifications to Services

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

13. Changes to Terms

We may revise these Terms at any time. Material changes will be notified via email or through the Services. Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms.

14. Governing Law and Disputes

These Terms shall be governed by the laws of the State of Delaware, without regard to conflict of law principles. Any disputes arising from these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

You agree that any dispute resolution proceedings will be conducted on an individual basis and not in a class, consolidated, or representative action.

15. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and BirdlyHQ regarding the Services and supersede all prior agreements and understandings.

17. Contact Us

If you have questions about these Terms, please contact us at: