Last updated: 09 August 2025
Welcome to the Birdby application and any other products or services owned or operated by Pixoby ("Company," "we," "us," or "our") (collectively, the "Birdby Service"). To access the Birdby Service, you must at all times agree to and abide by these Terms of Use, including any additional guidelines, and any future modifications (collectively, these "Terms"). These Terms are a legal contract between you, a user of at least 18 years of age ("you" or "User"), and Pixoby regarding your use of the Birdby Service.
By accessing, installing, browsing, using, subscribing to, or registering for the Birdby Service (including any content created, uploaded, downloaded, copied, published, or propagated during your use of the Birdby Service), you acknowledge that you have read, understood, and agree to be bound by these Terms. If at any time you do not agree to these Terms, please terminate your use of the Birdby Service.
Although the Birdby Service is always striving to improve, it is not perfect. While we make reasonable efforts to ensure the information provided is accurate, we cannot ensure the accuracy, completeness, or reliability of any information, data, or content on the Service. You agree and understand that during your use of the Birdby Service, no content feedback should be relied upon as the basis for any civil or commercial activities; otherwise all risks and responsibilities arising from such activities are borne by you, not by Pixoby.
Your access to and use of the Birdby Service is subject to all applicable international, national, federal, state, and local laws and regulations. You represent and warrant that you will not use the Birdby Service in any manner or for any purpose that is unlawful or prohibited by these Terms. The Birdby Service is not for persons under the age of 18. If you are under 18 years of age, please do not use the Birdby Service.
When using the Birdby Service, you may be subject to additional posted guidelines or terms and conditions applicable to specific services and features which may be posted from time to time (the "Guidelines"). All such Guidelines are incorporated by reference into these Terms.
In addition, your use of the Birdby Service is governed by our Privacy Policy available at Privacy (the "Privacy Policy"), which is incorporated by reference into these Terms. You consent to the collection, use, and disclosure of personal information in accordance with the Privacy Policy.
We may revise these Terms from time to time. We may include a notice in the Service that the Terms have been modified, but such notice may not remain in place for an extended period. You should review the Terms as posted in the Service from time to time. Using the Birdby Service after any revised Terms have been posted constitutes your acceptance of the revised Terms.
Subject to these Terms, we grant you a limited, revocable, non-transferable, non-exclusive, non-sublicensable license to use the Birdby Service (and all updates or upgrades provided) solely for private, non-commercial purposes in accordance with these Terms.
The Birdby Service is owned and operated by Pixoby. The content, visual interfaces, information, graphics, design, compilation, computer code, products, software, algorithms, services, and all other elements of the Birdby Service provided by us ("Pixoby Materials") are protected by copyright, trade dress, patent, and trademark laws, international conventions, and other intellectual property and proprietary rights laws. For clarity, Pixoby Materials do not include any User Content (defined below) or content from third-party sites, whether or not the Birdby Service provides a link to them. All Pixoby Materials contained in the Birdby Service are the copyrighted property of Pixoby or its affiliates and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Pixoby or its affiliates and/or third-party licensors. Except as expressly authorized by us, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, decompile, disassemble, reverse engineer, create derivative works from, or otherwise make unauthorized use of Pixoby Materials.
As a condition of your use of the Birdby Service, you will not use the Birdby Service for any purpose that is unlawful or prohibited by these Terms. Access to Pixoby Materials and the Birdby Service from territories where their contents are illegal is strictly prohibited. Users are responsible for complying with all local rules, laws, regulations, and policies, including, without limitation, rules about intellectual property rights, the internet, technology, data, email, and/or privacy.
Any use by you of any Pixoby Materials other than for private use is prohibited. You will not use the Birdby Service in any manner that, in our sole discretion, could damage, disable, overburden, or impair it or interfere with any other party's use of the Birdby Service. You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You will not intentionally interfere with or damage the operation of the Birdby Service or any user's enjoyment of it, including by uploading or otherwise disseminating viruses, worms, or other malicious code. You will not remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Birdby Service, features that prevent or restrict the use or copying of any content accessible through the Birdby Service, or features that enforce limitations on the use of the Birdby Service. You will not attempt to gain unauthorized access to the Birdby Service, other accounts, computer systems, or networks connected to the Birdby Service through hacking, password mining, or any other means, or interfere or attempt to interfere with the proper working of the Birdby Service or any activities conducted on it. You will not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Birdby Service. You agree neither to modify the Birdby Service in any manner or form, nor to use modified versions of the Birdby Service, including (without limitation) for the purpose of obtaining unauthorized access to the Birdby Service.
The Birdby Service may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Birdby Service for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Birdby Service. You will not utilize framing techniques to enclose any trademark, logo, or other Pixoby Materials without our express written consent. You will not use any meta tags or any other "hidden text" utilizing Pixoby's name or trademarks without our express written consent. You will not deep-link to the Birdby Service and will promptly remove any links that we find objectionable in our sole discretion. You will not use any Pixoby logos, graphics, or trademarks as part of the link without our express written consent. You will not send junk mail to other users of the Birdby Service, including, but not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
You shall not use the Birdby Service to create, upload, download, copy, publish, or propagate any images, sounds, videos, data, text, information, or any other materials or content (collectively, "Content") that: (a) violates any rule, law, regulation, or policy; (b) harms national interests, endangers national security, or divulges national secrets; (c) incites ethnic or racial discrimination or hatred; (d) undermines social stability; (e) contains obscenity, sexual connotation, pornography, gambling, violence, or terror; (f) insults or defames others or infringes others' lawful rights and interests; or (g) contains abusive or threatening information.
You hereby grant Pixoby a worldwide, non-exclusive, irrevocable, royalty-free, fully-paid, perpetual, sublicensable (through multiple tiers), fully transferable license to use, distribute, reproduce, create derivative works from, publish, translate, publicly perform, and publicly display any Content that you upload or publish to the Birdby Service (collectively, "Your Content"), in any format or medium now known or later developed for any purpose. We may use Your Content in the App and in our other products or services, and may transfer the license or authorization to our affiliates and partners without needing to obtain your consent again. We reserve the right to display advertisements and sponsorships in connection with Your Content.
We may remove, at our sole discretion and without notice to you, Your Content if it infringes others' rights and interests. We may suspend or terminate access to the Birdby Service for any user who uses the Birdby Service in violation of copyright or other intellectual property laws. All liabilities for damage for any claim for rights raised by a third party shall be assumed by you, and you shall compensate for all losses and damages we incur arising therefrom, including economic and business losses.
You represent, warrant, and covenant that at all times: (i) Your Content does not infringe any third party's intellectual property, right of reputation, right of name, right of privacy, moral rights, or other lawful rights and interests; and (ii) you own or have the necessary licenses, rights, consents, and permissions for your use of Your Content in connection with the Birdby Service and our use of Your Content under these Terms.
We may use various techniques to identify you when you register for and/or access, browse, use, or subscribe to the Birdby Service. This verification is only an indication of increased likelihood that your identity is correct. You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your registration.
You agree that the information you provide upon registration and at all other times will be true, accurate, current, and complete, and you will keep it up to date. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), you will immediately notify us. You will be liable for the losses incurred by us or others due to any unauthorized use of your account.
Under these Terms, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Birdby Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Except as explicitly stated otherwise, legal notices shall be served on our national registered agent or to the email address you provide during registration. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
You may, but are not required to, provide suggestions, comments, ideas, or know-how, in any form, to us related to the Birdby Service ("Feedback"). Any Feedback shall not be considered your confidential information and may be used by us for any purpose without compensation.
The Birdby Service may include links to other websites or services solely as a convenience to users ("Linked Sites"). We do not endorse any Linked Sites or the information, material, products, or services contained on or accessible through them and make no warranties with regard to them. Access and use of Linked Sites are solely at your own risk. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Birdby Service are solely between you and such advertiser. We are not responsible or liable for any loss or damage resulting from such dealings or the presence of such advertisers on the Birdby Service.
We may make changes to or discontinue any content or services available on the Birdby Service at any time, and without notice. The content or services on the Birdby Service may be out of date, and we make no commitment to update these materials.
You acknowledge and agree that: (a) Content is provided to you AS IS and we are not responsible for examining or evaluating Content created, uploaded, published, or propagated or otherwise made available by end users through the Birdby Service ("User Content"); (b) we do not guarantee accuracy of any such User Content or that such User Content will continue to be available; (c) by using the Birdby Service, you may encounter User Content that you deem offensive, indecent, or objectionable and such User Content may not be labeled as such; and (d) we have no liability to you for any such User Content.
We may, in our sole discretion and for any or no reason, terminate any account (or any part thereof) you may have with us. We reserve the right to discontinue any aspect of the Birdby Service at any time, including the right to discontinue the display of any licensed content, linked or embedded content, Your Content, or third-party content, either generally or in specific cases. We are not responsible for the deletion, loss of, or failure to store Your Content. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Birdby Service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies we may have at law or in equity.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS SECTION AND IN ADDITION TO ALL OTHER PROVISIONS OF THIS SECTION, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO THE BIRDBY SERVICE. WE MAKE NO WARRANTY THAT THE BIRDBY SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE BIRDBY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU ACKNOWLEDGE THAT THE BIRDBY SERVICE MAY BE SUBJECT TO OPERATING ERRORS OR DEFECTS INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, DELAYS, NON-DELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS.
CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to indemnify and hold Pixoby and its affiliates, suppliers, and partners harmless from any claims, losses, damages, liabilities, including attorneys' fees, arising out of your use or misuse of the Birdby Service, violation of these Terms, violation of the rights of any other person or entity, or any breach of your representations, warranties, and covenants. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PIXOBY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OF THE BIRDBY SERVICE OR ANY OTHER INTERACTIONS WITH US, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PIXOBY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE BIRDBY SERVICE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED ONE HUNDRED U.S. DOLLARS ($100).
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED TO YOU BY THIRD PARTIES OTHER THAN PIXOBY AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE BIRDBY SERVICE OR RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE BIRDBY SERVICE.
For all disputes arising out of or relating in any way to the Birdby Service, you must first send a written description of your claim to us to allow an opportunity to resolve the dispute. Each party agrees to negotiate in good faith. If the dispute cannot be resolved within 60 days, you may request arbitration. This section affects your legal rights and provides for resolution of disputes through individual arbitration instead of court trials and class actions. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of these Terms.
Any dispute, controversy, or claim arising in any way out of or in connection with these Terms (including, without limitation: (1) any contractual, pre-contractual, or non-contractual rights, obligations, or liabilities; and (2) any issue as to the existence, validity, or termination of these Terms) shall be referred to and finally resolved by binding arbitration administered by the International Centre for Dispute Resolution ("ICDR") in accordance with its International Arbitration Rules in force as of the date of this Agreement (the "Rules"), which Rules are deemed to be incorporated by reference into this section.
The arbitration tribunal ("Tribunal") shall consist of three (3) arbitrators. The claimant shall designate one (1) arbitrator. The respondent shall designate one (1) arbitrator. The two arbitrators thus appointed shall designate the third arbitrator who shall be the presiding arbitrator. If within fourteen (14) days of a request from the other party to do so a party fails to designate an arbitrator, or if the two arbitrators fail to designate the third arbitrator within fourteen (14) days after the confirmation of appointment of the second arbitrator, the appointment shall be made, upon request of a party, by the ICDR in accordance with the Rules.
The seat of the arbitration shall be New York, New York, U.S.A. The language of the arbitration shall be English. This arbitration clause shall be governed by the laws of the United States, including the Federal Arbitration Act, and to the extent not inconsistent therewith, the laws of the State of New York.
Any award of the Tribunal shall be made in writing and shall be final and binding on the parties from the day it is made. The arbitrator(s) shall be empowered to award only those damages which are permitted by these Terms, subject to any disclaimers of damages and liability limits set forth herein, but shall not have the authority to reform, modify, or materially change these Terms. The award rendered by the arbitrator(s) may include costs of the arbitration, reasonable attorneys' fees, and reasonable costs for experts and other witnesses. Judgment on the award may be entered in any court having jurisdiction. The parties waive any right to apply to any court to determine any preliminary point of law and/or review any question of law and/or the merits, insofar as such waiver may validly be made.
The arbitrator(s) shall have the authority to issue interim orders for provisional relief, including, but not limited to, orders for injunctive relief, attachment, or other provisional remedy, as necessary to protect either party's name, proprietary information, trade secrets, know-how, or any other proprietary right. Any interim order of the arbitrator(s) for injunctive or other preliminary relief shall be enforceable in any court of competent jurisdiction. In addition, nothing in these Terms shall be deemed as preventing either party from seeking provisional relief from any court of competent jurisdiction.
A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms shall not affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of these Terms shall not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Pixoby without restriction.
Sections titled Limited License, Ownership; Proprietary Rights, Restrictions, Your Content, User Content Notice, Disclaimers; No Warranties, Indemnification, Limitation of Liability, Disputes and Arbitration, Miscellaneous, and Claims will survive any termination of these Terms.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
These Terms are the entire agreement between you and Pixoby relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to these Terms made by Pixoby as set forth in the Changes section above.
YOU AND PIXOBY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE BIRDBY SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If you have downloaded the Birdby mobile application (the "App") from the Apple, Inc. ("Apple") App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. These Terms are between you and Pixoby only, not with Apple, and Apple is not responsible for the Birdby Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third party claim that the App and/or your possession and use of the App infringe that third party's intellectual property rights. You agree to comply with any applicable third party terms when using the App. Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms.
You may contact us with any questions, complaints, or claims regarding the Birdby Service:
Pixoby
Email: info@pixoby.space
If you believe that anything on the Birdby Service infringes a copyright that you own or control, you may file a notice with our designated agent:
Pixoby
Email: info@pixoby.space
If you file a notice with our designated agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must: (i) contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner; (ii) identify the copyrighted work claimed to have been infringed; (iii) identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material; (iv) provide your contact information, including your address, telephone number, and an email address; (v) provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.