PLEASE READ THESE TERMS OF SERVICE (“Terms”) CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE https://earlybirdlabs.io/ (THE “Site”) AND THE SERVICES OFFERED THEREON (“Services”) BY EARLYcBIRD LABS, LLC (“Company,” “we,” “our,” OR “us”). BY ACCESSING OR USING THE SITE OR THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MUST CEASE ALL USE IMMEDIATELY.
By accessing or using the Site and Services, you agree that these Terms form a binding legal agreement between you (“User,” “you,” or “your”) and the Company. If you do not agree with any part of these Terms, you are prohibited from using the Site or the Services.
2. Changes to the Terms
Modification Rights: We reserve the right to modify, amend, or update these Terms at any time, with or without notice.
Effective Date of Changes: Any modifications become effective immediately upon being posted on the Site.
Continued Use: Your continued use of the Site or Services after changes are posted constitutes your acceptance of the revised Terms.
Review Responsibility: It is your responsibility to check these Terms periodically for changes.
3. Description of Services
Overview: The Company provides a range of services that may include, but are not limited to, software development, technical consulting, digital product design, and related technical solutions (“Services”).
Scope and Variability: The specific nature, features, and pricing of the Services are subject to change at the Company’s discretion and may be supplemented by additional agreements, including project-specific contracts.
Service Availability: We strive to provide reliable and continuous access to our Services; however, the Site and Services may be intermittently unavailable due to maintenance, updates, or technical issues.
4. User Accounts and Registration
Account Requirement: Certain features of the Site and some Services may require you to register for an account.
Accuracy of Information: You agree to provide accurate, complete, and updated registration information.
Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
Account Termination: We reserve the right to suspend or terminate your account and access to the Site or Services if we determine that the information provided is inaccurate or if you violate these Terms.
5. User Responsibilities and Conduct
Lawful Use: You agree to use the Site and Services only for lawful purposes and in compliance with all applicable laws, rules, and regulations.
Prohibited Activities: You are expressly prohibited from engaging in, including but not limited to:
Uploading, transmitting, or distributing any content that is unlawful, harmful, defamatory, or otherwise objectionable.
Attempting to disrupt, damage, or gain unauthorized access to the Site, Services, or any related systems.
Reverse engineering, decompiling, or disassembling any software provided on the Site.
User Cooperation: You agree to cooperate with any investigation regarding your use of the Site or Services and comply with any instructions we may provide in connection with the enforcement of these Terms.
6. Intellectual Property Rights
Ownership: All content, software, designs, text, graphics, images, logos, and other intellectual property on the Site and provided through the Services are the property of EarlyBird Labs or its licensors and are protected by intellectual property laws.
License: We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site and Services for your personal, non-commercial use, subject to these Terms.
Restrictions: You agree not to reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any content or materials without our express written permission.
7. User Content
Submission: You may be allowed to submit, post, or display content (“User Content”) on the Site.
License Grant: By submitting User Content, you grant the Company a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, modify, distribute, and display such content.
Representations: You represent and warrant that you own or have all necessary rights to the User Content and that your submission does not infringe upon the rights of any third party.
Removal Rights: We reserve the right to remove any User Content that violates these Terms or is otherwise objectionable in our sole discretion.
8. Payment and Refund Policies (If Applicable)
Payment Terms: For any Services that require payment, fees will be clearly disclosed at the time of purchase. Payments will be processed through secure third-party payment gateways.
Accuracy and Authorization: You agree to provide accurate payment information and authorize the designated charges for the Services.
Refunds: Refund policies, if applicable, will be provided at the time of sale and are incorporated herein by reference.
Non-Payment: We reserve the right to suspend or terminate your access to paid Services if payment is not received or if fraudulent activity is suspected.
9. Third-Party Links and Services
Third-Party Content: The Site may contain links to third-party websites or services that are not owned or controlled by us.
Disclaimer: We are not responsible for the content, privacy policies, or practices of any third-party sites or services.
Your Responsibility: Your interactions with third-party websites are solely between you and the third party, and you should review the terms and policies of those sites.
10. Disclaimer of Warranties
“As Is” Basis: The Site and Services are provided on an “as is” and “as available” basis without any warranty of any kind, whether express or implied.
No Warranty: We disclaim all warranties, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement.
No Guarantee of Availability: We do not guarantee that the Site or Services will be uninterrupted, error-free, or secure, or that any defects will be corrected.
11. Limitation of Liability
Exclusion of Damages: In no event shall EarlyBird Labs, its officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Site or Services—even if advised of the possibility of such damages.
Cap on Liability: Our total liability for any claim arising from your use of the Site or Services shall not exceed the amount you have paid, if any, for accessing the Services.
No Liability for Third-Party Content: We are not liable for any damages arising from your reliance on any information or content available on the Site, including third-party content.
12. Indemnification
You agree to indemnify, defend, and hold harmless EarlyBird Labs and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or in any way connected with:
Your access to or use of the Site or Services;
Your violation of these Terms;
Your infringement of any intellectual property or other rights of any third party; or
Any other activity related to your account (including negligent or wrongful conduct).
13. Termination
Right to Terminate: We reserve the right to suspend or terminate your access to the Site or Services, in whole or in part, at any time and for any reason, including for violation of these Terms.
Effect of Termination: Upon termination, your right to use the Site and Services will immediately cease, and you must promptly destroy any materials obtained from the Site or Services.
Survival: All provisions of these Terms that by their nature should survive termination shall remain in full force and effect.
14. Governing Law and Dispute Resolution
Governing Law: These Terms shall be governed by and construed in accordance with the laws of [Insert Jurisdiction], without regard to its conflict of laws principles.
Dispute Resolution: Any disputes arising out of or relating to these Terms or your use of the Site or Services shall be resolved primarily through binding arbitration in accordance with the rules of [Insert Arbitration Association].
Court Proceedings: If arbitration is not available or if you choose to pursue legal action, any litigation shall be brought exclusively in the appropriate courts located in [Insert Jurisdiction], and you consent to jurisdiction therein.
Attorney Fees: In any legal action arising out of or related to these Terms, the prevailing party shall be entitled to recover its reasonable attorney fees and costs.
15. Severability
If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
16. Entire Agreement
These Terms, along with any additional terms and policies referenced herein or made available on the Site, constitute the entire agreement between you and EarlyBird Labs regarding your use of the Site and Services and supersede all prior or contemporaneous understandings, communications, or agreements, whether written or oral.
17. No Waiver
The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
18. Contact Information
If you have any questions, concerns, or disputes regarding these Terms, please contact us at:
Address: 111 2nd Ave NE, St. Petersburg, FL 33701 St. Petersburg, 33701
Phone: (727) 209-7087
This Terms of Service document is provided for informational purposes only and does not constitute legal advice. You should consult with a qualified attorney to ensure that these Terms are suitable for your specific circumstances and comply with all applicable laws.
By accessing or using the Site or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.