Terms of Service

1. Acceptance of Terms

Welcome to Birdwatcher ("we," "our," or "us"). By accessing or using our website watching service, you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these Terms, you may not access or use our service.

2. Description of Service

Birdwatcher provides website watching services that track changes to specified websites, including but not limited to:

• Changes in website content and design
• Price modifications
• Product launches and updates
• Feature additions or removals
• Terms, policies, and certification changes

We deliver notifications through various channels including email, Slack, and other integration methods as available.

3. User Accounts and Registration

3.1 Account Creation

To use our service, you must create an account using valid and accurate information. You are responsible for maintaining the confidentiality of your account credentials.

3.2 Authentication Service

We use Clerk for authentication services. By creating an account, you also agree to Clerk's Terms of Service.

3.3 Age Requirement

You must be at least 16 years of age to use our service.

4. Subscription and Payment Terms

4.1 Free and Paid Plans

Birdwatcher offers both free and paid subscription plans. Limitations and features of each plan are described on our pricing page.

4.2 Payment

For paid plans, you agree to pay all fees in accordance with the billing terms. All payments are non-refundable except as required by law or as explicitly stated in these Terms.

4.3 Subscription Changes

You may upgrade, downgrade, or cancel your subscription at any time. Changes to subscriptions will take effect at the start of the next billing cycle.

4.4 Taxes

You are responsible for all applicable taxes associated with your subscription.

5. User Responsibilities

5.1 Lawful Use

You agree to use our service only for lawful purposes and in accordance with these Terms.

5.2 Website Watching Permissions

You represent and warrant that you have all necessary rights and permissions to watch the websites you add to our service. We do not verify your right to watch any website.

5.3 Bandwidth and Storage Limitations

Your use of our service must remain within reasonable bandwidth and storage limitations as determined by your subscription plan.

5.4 Accurate Information

You must provide accurate information when using our service, including website URLs to be watched.

6. Intellectual Property Rights

6.1 Our Intellectual Property

The Birdwatcher service, including its design, features, and content, is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on our service without our express permission.

6.2 Data Ownership

You retain ownership of the data you provide. You grant us a license to use this data to provide and improve our service.

6.3 Feedback

If you provide feedback or suggestions about our service, we may use this feedback without restriction or compensation.

7. Third-Party Services and Links

7.1 Integrations

Our service may integrate with third-party services such as Slack, email providers, and webhooks. Your use of these integrations is subject to the respective terms of those services.

7.2 Third-Party Website Content

We do not control or endorse the content of websites you choose to watch. The watched content remains the intellectual property of its respective owners.

8. Prohibited Uses

You may not use our service to:

• Watch websites for illegal activities
• Harass, harm, or impersonate others
• Distribute malware or other harmful code
• Attempt to gain unauthorized access to our systems
• Overburden or disrupt our service
• Scrape data for competitive analysis against Birdwatcher
• Sell, resell, or lease access to our service without our permission
• Use our service in any way that violates applicable laws or regulations

9. Limitation of Liability

9.1 Service Availability

We strive to provide a reliable service but cannot guarantee that the service will be available at all times or error-free.

9.2 Warranty Disclaimer

OUR SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

9.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIRDWATCHER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

9.4 Cap on Liability

OUR TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SERVICE IN THE PAST 12 MONTHS.

10. Indemnification

You agree to indemnify and hold harmless Birdwatcher and its officers, directors, employees, and agents from any claims, damages, liabilities, costs, or expenses arising from your use of the service or violation of these Terms.

11. Termination

11.1 Termination by You

You may terminate your account at any time by following the instructions on our website.

11.2 Termination by Us

We may terminate or suspend your account immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.

11.3 Effect of Termination

Upon termination, your right to use the service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of United States of America, without regard to its conflict of law provisions.

13. Changes to the Terms

We may modify these Terms at any time by posting the revised Terms on our website. Your continued use of the service after any such changes constitutes your acceptance of the new Terms.

14. Contact Information

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

• Email: larry@birdwatcher.io
• Address: 221 Main Street, Suite 1550, San Francisco, CA 94105

15. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

16. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Birdwatcher.