These Terms of Service govern your use of Birdie, our website located at https://birdieskincare.com, and any related services provided by Direction LLC.
When you create a Birdie account or use Birdie, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from further using the app, accessing our website, or using any other services provided by Direction LLC.
If you access or download Birdie from Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service.
We, Direction LLC, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page and notify you through the app and/or the email address you provided when you created your account. Any changes to these Terms of Service will take effect immediately from the date of publication.
These Terms of Service were last updated on November 14, 2024.
Limitations of Use
By using Birdie and our website, you warrant on behalf of yourself, any entity you represent who has entered into these Terms of Service, and your users that you will not:
• Modify, copy, prepare derivative works of, decompile, or reverse engineer Birdie or any materials and software contained within Birdie or on our website;
• Remove any copyright or other proprietary notations from Birdie or any materials and software contained within Birdie or on our website;
• Transfer Birdie or any of its associated materials to another person or “mirror” the materials on any other server;
• Knowingly or negligently use Birdie or any of its associated services in a way that abuses or disrupts our networks or any other service Direction LLC provides;
• Use Birdie or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
• Use Birdie or its associated services in violation of any applicable laws or regulations;
• Use Birdie to send unauthorized advertising or spam;
• Harvest, collect, or gather user data without the user’s consent;
• Use the product recommendations provided by Birdie as a substitute for professional medical advice, diagnosis, or treatment; or
• Use Birdie or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.
User-Generated Content
You may be able to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to Birdie, including but not limited to text, images, photographs, graphics, comments, suggestions, or personal information (collectively, “User Content”).
By submitting any User Content, you grant Direction LLC a non-exclusive, worldwide, royalty-free, irrevocable, perpetual license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in connection with providing the services, including for the purpose of promoting and redistributing part or all of our services in any media formats and through any media channels.
You represent and warrant that you have all rights necessary to grant us these rights and that your User Content does not infringe the rights of any third party.
Consent to Use Biometric Data
By uploading images of your face, you expressly consent to Direction LLC collecting, storing, and using your biometric data (such as facial images) for the purposes of providing the services, including analyzing your skin and providing product recommendations. You acknowledge and agree that this biometric data may be used in accordance with our Privacy Policy.
Intellectual Property
The intellectual property in the materials in Birdie and on our website are owned by or licensed to Direction LLC. You may download Birdie to view, use, and display the application on your mobile device for your personal use only.
This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or these Terms of Service and may be terminated by Direction LLC at any time.
Automatic Updates
You give us permission to download and install updates to Birdie on your device in accordance with your privacy preferences. This permission can be revoked at any time by deleting Birdie from your device.
Modification of Services
We reserve the right to modify, suspend, or discontinue, temporarily or permanently, the app or any service to which it connects, with or without notice and without liability to you.
Third-Party Services
Our app may include services, content, or functionalities provided by third parties. You acknowledge that Direction LLC is not responsible for these third-party services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Direction LLC does not assume and will not have any liability or responsibility to you or any other person or entity for any third-party services.
Liability
Birdie and the materials in Birdie and on our website are provided on an ‘as is’ basis. To the extent permitted by law, Direction LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.
AI Technology Disclaimer
You acknowledge that Birdie uses artificial intelligence (AI) technology to analyze your skin and provide product recommendations. The AI technology is experimental and may not always produce accurate or reliable results. Direction LLC does not guarantee the accuracy, completeness, or usefulness of any results or recommendations provided by the AI technology.
Medical and Product Recommendations Disclaimer
Direction LLC does not provide medical or dermatological advice. The product recommendations and information provided by Birdie are generated using experimental technology and are intended for general informational purposes only. They are not a substitute for professional medical advice, diagnosis, or treatment. Direction LLC is not liable for any adverse effects, injuries, or damages arising from the use or misuse of any products recommended by the app. Users should consult a qualified healthcare professional before using any new skincare products or if they have any concerns about their skin health.
In no event shall Direction LLC or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use Birdie, our website, or any other services provided by Direction LLC or the materials in Birdie, even if Direction LLC or an authorized representative has been notified, orally or in writing, of the possibility of such damage.
In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use, and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Indemnification
You agree to indemnify and hold harmless Direction LLC and its affiliates, officers, agents, employees, partners, and licensors from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your:
• Use of the app;
• Violation of these Terms of Service;
• Violation of any rights of a third party;
• Violation of any applicable laws, rules, or regulations.
Accuracy of Materials
The materials and product recommendations appearing in Birdie or on our website are not comprehensive and are for general information purposes only. The materials are based on experimental technology and may not be accurate, complete, or current. Direction LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials in Birdie or on our website, including the effectiveness or suitability of any products recommended by the app. Reliance on any information provided by Birdie is solely at your own risk.
Medical Disclaimer
The content provided by Birdie, including product recommendations and other materials, is for informational purposes only. Direction LLC does not employ medical or dermatological professionals, and the app’s content should not be considered medical advice. Always seek the guidance of a qualified healthcare provider with any questions you may have regarding a medical condition or before starting any new skincare regimen. Never disregard professional medical advice or delay seeking it because of information you have read on Birdie.
Links
Direction LLC has not reviewed all of the sites linked to Birdie or on its corresponding website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by Direction LLC of the site. Use of any such linked website is at your own risk, and we strongly advise you make your own investigations with respect to the suitability of those sites.
Notice Regarding Apple
To the extent that you are using or accessing Birdie on an iOS device, you acknowledge and agree to the terms of this clause. You acknowledge that these Terms of Service are between you and Direction LLC only, not with Apple Inc. (Apple), and Apple is not responsible for Birdie and any materials available in Birdie.
Apple has no obligation to furnish you with any maintenance and support services with respect to Birdie.
If Birdie fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Birdie, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our responsibility.
Apple is not responsible for addressing any claims by you or any third party relating to Birdie or your use of Birdie, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) 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 our mobile application infringes that third party’s intellectual property rights.
You agree to comply with any applicable third-party terms when using Birdie, including any Usage Rules set forth in the Apple App Store Agreement of Service.
Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Service and, upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary of these Terms of Service.
You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a ‘terrorist supporting’ country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
Right to Terminate
We may suspend or terminate your Birdie account and right to use Birdie and these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.
Severance
Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.
Governing Law
These Terms of Service are governed by and construed in accordance with the laws of Virginia. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
Dispute Resolution
Any disputes arising out of or in connection with these Terms of Service shall be resolved through binding arbitration conducted in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Virginia, and the arbitrator’s decision shall be enforceable in any court of competent jurisdiction.