Terms of Service

Last updated: February 24, 2026

1. Acceptance of Terms

By accessing or using the Birby platform, website, and related 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 use our Services.

Birby reserves the right to modify these Terms at any time. We will notify you of material changes by updating the "Last updated" date. Your continued use of the Services after changes constitutes acceptance of the revised Terms.

2. Description of Services

Birby provides a platform for content creators that includes, but is not limited to:

  • AI-powered deal negotiation and brand communication management.
  • Deal and deadline tracking.
  • Invoice generation and automated payment chasing.
  • Early payout services and creator yields.
  • Creator analytics and performance insights.

Features may be added, modified, or removed at our discretion. We will make reasonable efforts to notify you of significant changes.

3. Eligibility

You must be at least 18 years old to use the Services. By using our Services, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

4. Account Registration

To access certain features, you may need to create an account. You agree to:

  • Provide accurate, current, and complete information during registration.
  • Maintain and update your information to keep it accurate.
  • Keep your login credentials confidential and not share them with third parties.
  • Notify us immediately of any unauthorized use of your account.

You are responsible for all activities that occur under your account.

5. Authorized Use of Communications

By connecting your email or messaging accounts to Birby, you authorize us to access, read, and respond to messages on your behalf for the purpose of managing brand deal communications and negotiations. You may revoke this authorization at any time through your account settings.

Birby will only access communications relevant to brand deal management and will not use your communications for any other purpose without your explicit consent.

6. Payments and Fees

Certain features of the Services require payment of fees. By subscribing to a paid plan, you agree to the following:

  • Fees are billed in advance on a monthly or annual basis, depending on your chosen plan.
  • Transaction fees (e.g., invoice processing fees, early payout interest) apply as described on our pricing page and may be updated from time to time.
  • All fees are non-refundable except as required by applicable law or as expressly stated in these Terms.
  • We reserve the right to change our pricing with reasonable notice.

7. Early Payouts

Birby may offer early payout services that allow you to receive payment for brand deals before the brand's standard payment timeline. Early payouts are subject to:

  • Eligibility requirements and approval at Birby's discretion.
  • Applicable fees and interest rates as disclosed at the time of the transaction.
  • Repayment obligations if the underlying brand deal is cancelled or payment is not received.

8. Intellectual Property

The Services, including all content, features, and functionality, are owned by Birby and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of our Services without our prior written consent.

You retain ownership of all content you create and upload to the platform. By using our Services, you grant Birby a limited, non-exclusive license to use your content solely for the purpose of providing the Services to you.

9. Prohibited Conduct

You agree not to:

  • Use the Services for any unlawful purpose or in violation of any applicable laws.
  • Impersonate any person or entity, or falsely represent your affiliation.
  • Interfere with or disrupt the Services or servers connected to the Services.
  • Attempt to gain unauthorized access to any part of the Services.
  • Use the Services to send spam, unsolicited communications, or misleading content.
  • Reverse engineer, decompile, or disassemble any aspect of the Services.
  • Use automated means (bots, scrapers, etc.) to access the Services without our written consent.

10. Disclaimer of Warranties

The Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Birby does not guarantee that deal negotiations will result in specific outcomes, that brands will make timely payments, or that the Services will be uninterrupted or error-free.

11. Limitation of Liability

To the maximum extent permitted by law, Birby and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities, arising out of or related to your use of the Services.

Our total liability for any claims arising from or related to the Services shall not exceed the total amount you paid to Birby in the twelve (12) months preceding the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless Birby and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising out of or related to your use of the Services, your violation of these Terms, or your violation of any rights of a third party.

13. Termination

We may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice. You may terminate your account at any time by contacting us. Upon termination:

  • Your right to use the Services will immediately cease.
  • Any outstanding fees or obligations will remain due.
  • We may retain your data as required by law or for legitimate business purposes.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Birby is incorporated, without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved in the courts of that jurisdiction.

15. Severability

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

16. Contact Us

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

kris@birby.me