Terms of Service

By accessing or using the mbird platform, website, and storefront tools (collectively, the "Service" or "mbird"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all the terms and conditions, you must not use our Service.

The Service is currently operated by its independent developers and founders (collectively, the "Operators", "we", "us", or "our"). These Terms constitute a binding legal agreement between you and the Operators.

We reserve the right to update and change these Terms at any time. Continued use of the Service after any such changes shall constitute your consent to such changes.

mbird provides an e-commerce platform and storefront tools designed for creators, professionals, and businesses to display, market, and sell digital products, services, courses, and other content ("Creator Content").

You understand that mbird is strictly a software provider and layout builder. We are not a party to any transactions between you and your customers. Any dispute arising out of a transaction with a customer is solely between you and the customer.

Eligibility: You must be at least 18 years old, or the age of majority in your jurisdiction, to create an account and use the Service.

Account Security: You are fully responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Lawful Use: You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all local, national, and international laws applicable to your use of the Service and your business operations.

Prohibited Content: You are strictly prohibited from uploading, selling, or promoting content that infringes on intellectual property rights, promotes violence, hate speech, or illegal activities, or contains malware or deceptive material.

Platform Subscriptions: mbird offers tiered subscription plans. Paid plans are billed on a recurring basis via our designated payment processors. Subscriptions renew automatically unless cancelled prior to the renewal date.

Cancellation: You may cancel your subscription at any time through your account settings. Access to premium features will continue until the end of your current active billing cycle. We do not provide prorated refunds for partial months.

Payment Processing: To process payments from your customers, you must integrate your own supported third-party payment gateway (e.g., Stripe, PayPal). mbird provides the checkout interface but does not directly process, hold, or touch the funds from your storefront sales.

Taxes and Compliance: You are absolutely and solely responsible for determining, collecting, withholding, reporting, and remitting all applicable taxes, duties, and fees associated with your sales. The Operators are not responsible for your tax compliance or any penalties you may incur.

Customer Refunds: You are entirely responsible for handling refunds, chargebacks, disputes, and customer support for the products and services you sell. mbird cannot and will not issue refunds to your customers on your behalf.

Your Content: You retain all ownership rights to the materials you upload to mbird. By uploading content, you grant mbird a worldwide, non-exclusive, royalty-free license to host, store, and display your content strictly to operate and provide the Service to you.

mbird's Intellectual Property: The Service, including its code, design, interface, and branding, is owned by the Operators and is protected by copyright and other intellectual property laws.

You agree to indemnify, defend, and hold harmless the Operators, founders, developers, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your use of the Service, your Creator Content, your storefront transactions, your violation of these Terms, or your violation of any rights of another party.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE OPERATORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, timely, secure, or error-free. We do not guarantee any specific financial outcome, sales, or revenue from your use of the Service.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE OPERATORS, FOUNDERS, DEVELOPERS, OR AFFILIATES BE PERSONALLY LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE OPERATORS EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE AMOUNT YOU PAID TO THE OPERATORS IN THE PAST SIX MONTHS FOR THE SERVICE.

These Terms shall be governed and construed in accordance with the laws of the jurisdiction in which the Operators primarily reside, without regard to its conflict of law provisions.

If you have any questions about these Terms, please contact us at: mbirdstore@gmail.com.