Terms of Service

1. Agreement to these Terms

These Terms of Service (the “Terms”) are a binding agreement between Birdlaw LLC (“Birdlaw,” “we,” “us”) and the person or organization that creates an account or uses the Birdlaw service (“you,” “Customer”). By creating an account or using the service, you agree to these Terms.

If you do not agree to these Terms, please do not use the service.

2. The Service

Birdlaw is a software service that helps legal professionals identify, calculate, and track litigation deadlines by applying federal rules, state rules, statutes, local rules, appellate rules, standing orders, and other sources to information you provide or connect (such as dockets and court orders). The deadlines and information herein are provided for informational purposes only and you should always confirm all deadlines according to the applicable federal rules, state rules, statutes, local rules, appellate rules, and standing orders. As our coverage grows, our deadlines get better.

The service is a productivity and organizational tool. It is provided on a subscription basis and may change over time as we add, modify, or remove features.

3. Not legal advice; no attorney–client relationship

Birdlaw is not a law firm, does not provide legal advice, and using the service does not create an attorney–client relationship. The information Birdlaw generates, including proposed deadlines, rule citations, and calculations, is provided for informational and organizational purposes only.

You are solely responsible for exercising independent professional judgment, for supervising the work of any person or tool relied upon, and for all decisions and filings in your matters.

4. No guarantee of accuracy; your duty to verify

Deadline calculation depends on data that can be incomplete, ambiguous, or subject to change, and on rules that vary by jurisdiction and judge and that are amended over time. Birdlaw does not warrant that any deadline, date, citation, or calculation is accurate, complete, current, or applicable to your specific matter.

You must independently verify every deadline against the governing rules, orders, and the official docket before relying on it. Do not use Birdlaw as your sole system for calendaring or meeting court deadlines. You remain responsible for missed, incorrect, or miscalculated deadlines.

5. Accounts and eligibility

You must provide accurate account information and keep it current. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us promptly at support@birdlawapp.com of any unauthorized use.

The service is intended for use by legal professionals and their organizations. You must be at least 18 years old and able to form a binding contract to use it.

6. Subscriptions, billing, and cancellation

The service is offered under paid subscription plans described on our pricing page. By subscribing, you authorize us and our payment processor to charge the applicable fees on a recurring basis (for example, monthly) until you cancel. Fees are stated exclusive of taxes, which you are responsible for.

Subscriptions renew automatically for successive periods unless cancelled before the renewal date. Except where required by law, fees are non-refundable and cancellation stops future charges but does not refund the current period. We may change pricing on prospective notice.

7. Acceptable use

You agree not to misuse the service, including by: violating any law or the rights of others; uploading unlawful, infringing, or malicious content; attempting to gain unauthorized access to the service or other customers’ data; or reverse engineering, decompiling, or copying the service except as permitted by law.

Protection of Birdlaw’s data and models. Birdlaw’s deadline rules, calculations, citations, and other outputs, and the underlying rules database and deadline engine, are proprietary. You may use them only within the service for your own matters. You may not: (a) scrape, crawl, harvest, or use any automated means to extract or bulk-download Birdlaw’s data or outputs; (b) use Birdlaw’s data, outputs, or the service to train, fine-tune, or develop any machine-learning or artificial-intelligence model; (c) build, or assist a third party in building, a competing deadline, docketing, or legal-rules database, product, or service; or (d) republish, resell, or redistribute Birdlaw’s rules data or outputs.

You are responsible for ensuring your use of any connected third-party system (such as PACER or court websites) complies with that system’s terms and applicable rules.

8. Customer data and confidentiality

As between the parties, you own the data you submit to the service (“Customer Data”). You grant us a limited license to host, process, and use Customer Data solely to provide and improve the service and as described in our Privacy Policy.

We maintain administrative, technical, and organizational safeguards designed to protect Customer Data. Each firm’s workspace is logically isolated from others. We do not sell Customer Data and do not use it to train artificial-intelligence or machine-learning models. You are responsible for the accuracy of Customer Data and for the confidentiality obligations you owe your own clients.

9. Intellectual property

Birdlaw and its licensors retain all rights, title, and interest in the service, including all software, content, trademarks, and the proprietary rules database and deadline engine, except for Customer Data. We grant you only a limited, non-exclusive, non-transferable, revocable license to use the service and its outputs for your own matters during your subscription. No other rights are granted, whether by implication or otherwise, and all rights not expressly granted are reserved.

If you provide feedback or suggestions, you grant us a non-exclusive, perpetual, royalty-free license to use them without restriction.

10. Third-party services

The service integrates with or links to third-party services (for example, court dockets, PACER, payment processing, and infrastructure providers). We are not responsible for third-party services, their availability, or their content, and your use of them may be governed by their own terms.

11. Disclaimer of warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY DEADLINE OR CALCULATION IS CORRECT.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIRDLAW WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS ARISING FROM A MISSED, INCORRECT, OR MISCALCULATED DEADLINE, LOST PROFITS, OR LOSS OF DATA, EVEN IF ADVISED OF THE POSSIBILITY.

OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED THE FEES YOU PAID TO US IN THE [TWELVE (12) MONTHS] BEFORE THE EVENT GIVING RISE TO THE CLAIM. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

13. Indemnification

You agree to indemnify and hold harmless Birdlaw from claims, damages, and expenses (including reasonable legal fees) arising out of your use of the service, your Customer Data, or your violation of these Terms or applicable law.

14. Term and termination

These Terms apply while you use the service. You may stop using the service and cancel at any time. We may suspend or terminate access if you breach these Terms, fail to pay, or use the service in a way that risks harm to us or others.

Upon termination, your right to use the service ends. We will make Customer Data available for export for a limited period as described in our Privacy Policy, after which it may be deleted.

15. Changes to the service or these Terms

We may update these Terms from time to time. If we make material changes, we will provide notice (for example, by email or in-app). Your continued use of the service after changes take effect constitutes acceptance of the updated Terms.

16. Dispute Resolution; Binding Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND BIRDLAW TO RESOLVE MOST DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, WAIVES THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS OR REPRESENTATIVE ACTIONS, AND IS GOVERNED BY THE FEDERAL ARBITRATION ACT. IT INCLUDES A 30-DAY RIGHT TO OPT OUT (SUBSECTION (i)) AND PRESERVES YOUR RIGHT TO SEEK PUBLIC INJUNCTIVE RELIEF (SUBSECTION (g)).

(a) Informal resolution first. Before commencing arbitration, you agree to first send a written description of the dispute, and your name and contact information, to support@birdlawapp.com, and to engage in good-faith efforts to resolve it informally for at least sixty (60) days. This informal process is a condition precedent to arbitration; any applicable statute of limitations and AAA filing deadline are tolled while it is ongoing.

(b) Agreement to arbitrate. Except for the matters described in subsections (f) and (g), you and Birdlaw agree that any dispute, claim, or controversy arising out of or relating to these Terms or the service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether arising before or after termination) will be resolved by final and binding arbitration on an individual basis. The Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of this Section.

(c) Administrator and rules. The arbitration will be administered by the American Arbitration Association (“AAA”) under the AAA rules in effect when the demand is filed. Where a party qualifies as a consumer, the AAA Consumer Arbitration Rules will apply; otherwise the AAA Commercial Arbitration Rules will apply. The applicable rules, forms, and fee schedules are available at www.adr.org or from the AAA. If the AAA will not administer the arbitration consistent with this Section, the parties will agree on another established administrator or, failing agreement, a court of competent jurisdiction will appoint one.

(d) Arbitrator and authority; delegation. A single neutral arbitrator will resolve the dispute. The arbitrator has exclusive authority to decide any dispute about the interpretation, applicability, enforceability, or formation of this arbitration provision, including any claim that all or part of it is void or voidable. A court, not the arbitrator, will decide the enforceability, validity, and scope of the Class Action Waiver in subsection (e) and of the public-injunctive-relief provision in subsection (g). The arbitrator may award only individual relief and may award the same remedies a court could on an individual basis. Judgment on the award may be entered in any court of competent jurisdiction.

(e) Class Action Waiver. You and Birdlaw agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, private-attorney-general, or other representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not preside over any class or representative proceeding. If this Class Action Waiver is found unenforceable as to a particular claim or request for relief, then that claim or request for relief, and only that claim or request, will be severed and brought in a court of competent jurisdiction, while all remaining claims will be arbitrated.

(f) Exceptions. Either party may (1) bring an individual claim in small claims court if it qualifies, and (2) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual-property rights or unauthorized access to the service. Seeking such relief does not waive the right to arbitrate any other dispute.

(g) Public injunctive relief preserved. Nothing in these Terms, and nothing in this arbitration provision or the Class Action Waiver, waives, limits, or precludes any right you may have to seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the general public) to the extent such a waiver would be unenforceable under applicable law. If a claim for public injunctive relief is asserted, that claim will be severed and stayed pending the individual arbitration of all other claims, after which it may be litigated in a court of competent jurisdiction. This subsection (g) survives any determination that another part of this Section is unenforceable.

(h) Fees and location. Payment of filing, administration, and arbitrator fees is governed by the applicable AAA rules; where the AAA Consumer Arbitration Rules apply, Birdlaw will pay the portion of those fees the rules require it to pay. Unless the parties agree otherwise, any in-person hearing will take place in the county of your residence or principal place of business, and telephone, videoconference, or documents-only proceedings are available to the extent the AAA rules allow. The arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions.

(i) 30-day right to opt out. You may opt out of this Section 16 (including the arbitration agreement and Class Action Waiver) by emailing support@birdlawapp.com with the subject line “Arbitration Opt-Out” within thirty (30) days after you first accept these Terms, and stating your name, your account or firm name, and a clear statement that you decline to arbitrate. Opting out affects only this Section 16 and no other part of these Terms. If you do not timely opt out, you agree to be bound by this Section.

(j) Jury-trial waiver; survival; severability. Except for claims that proceed in court under this Section, you and Birdlaw waive any right to a trial by jury. This Section survives termination of these Terms and your use of the service. Except as expressly provided in subsections (e) and (g), if any part of this Section is held unenforceable, the remainder will remain in effect.

17. Governing law; venue for non-arbitrable claims

These Terms and any dispute between you and Birdlaw are governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to conflict-of-laws principles. For any claim that is not subject to arbitration and that a court resolves, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in [County, the State of California] and waive any objection to that forum, except where applicable law gives you a non-waivable right to another forum (such as small claims court in your home jurisdiction).

18. General provisions

Entire agreement. These Terms, together with the Privacy Policy and any plan or order terms you accept, are the entire agreement between you and Birdlaw regarding the service and supersede any prior agreements on that subject.

Severability. Except as stated in Section 16, if any provision of these Terms is held unenforceable, it will be limited or severed to the minimum extent necessary and the remaining provisions will remain in full force.

No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later, and a waiver is effective only if in writing.

Assignment. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, reorganization, or sale of assets. These Terms bind and benefit the parties’ permitted successors and assigns.

Force majeure. Neither party is liable for any failure or delay caused by events beyond its reasonable control.

Notices; relationship. We may provide notices by email or in the app; you may contact us at support@birdlawapp.com. The parties are independent contractors, and these Terms create no partnership, agency, or joint venture.

19. Contact

Questions about these Terms? Contact us at support@birdlawapp.com.