Terms of Service

Last updated March 21th, 2023.

By using the shorebird.dev website (“Service”), or any services of Code Town, Inc(“Shorebird”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.

If Shorebird makes material changes to these Terms, we will notify you by email or by posting a notice on our site before the changes are effective. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://shorebird.dev/terms.html.

Violation of any of the terms below will result in the termination of your Account. While Shorebird prohibits such conduct and Content on the Service, you understand and agree that Shorebird cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

0. Beta Version

PLEASE NOTE THAT THE PRODUCTS ARE CURRENTLY BEING PROVIDED IN THEIR BETA VERSIONS, THE FEATURES OF WHICH HAVE NOT BEEN FULLY IMPLEMENTED OR REFINED. AS WITH ANY BETA VERSION, THE PRODUCTS CURRENTLY CONSTITUTE A WORK IN PROGRESS AND AS SUCH, THERE MAY BE UNRESOLVED ISSUES. UNLESS YOU ARE COMFORTABLE USING BETA SOFTWARE AND UNDERSTAND THE IMPLICATIONS THEREOF, PLEASE DO NOT TO USE THIS BETA VERSION OF THE PRODUCTS

A. Account Terms

• You must be 16 years or older to use this Service. If you are under 16 years of age, you must have explicit consent from your parent or legal guardian in order to use this Service, including consent to use elements of this Service which collect data to make delivery of this Service possible.
• You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
• You must provide your name, a valid email address, and any other information requested in order to complete the signup process.
• Your login may only be used by one person - a single login shared by multiple people is not permitted.
• You are responsible for maintaining the security of your account and password. Shorebird cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
• You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
• One person or legal entity may not maintain more than one free account.
• You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).

B. API Terms

Customers may access their Shorebird account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses Shorebird, is bound by these Terms of Service plus the following specific terms:

• You expressly understand and agree that Shorebird shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Shorebird has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
• Abuse or excessively frequent requests to Shorebird via the API may result in the temporary or permanent suspension of your account’s access to the API. Shorebird, in its sole discretion, will determine abuse or excessive usage of the API. Shorebird will make a reasonable attempt via email to warn the account owner prior to suspension.
• Shorebird reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.

C. Deletion, Cancellation, and Termination

• All of your Content will be immediately deleted from the Service upon account deletion. This information can not be recovered once your account is deleted.

• Upon cancellation of any paid services you may lose access to any or all related features and services. This does not affect the Content in your account.

• Shorebird, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Shorebird service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Shorebird reserves the right to refuse service to anyone for any reason at any time. In the event that Shorebird takes action to suspend or terminate an account, we will make a reasonable effort to provide the affected account owner with a copy of their account contents upon request, unless the account was suspended or terminated due to unlawful conduct.

D. Modifications to the Service and Prices

• Shorebird reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
• Shorebird shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

E. Copyright and Content Ownership

• We claim no intellectual property rights over the material you provide to the Service.
• Shorebird does not pre-screen Content, but Shorebird and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
• You shall defend Shorebird against any claim, demand, suit or proceeding made or brought against Shorebird by a third-party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third-party or violates applicable law, and shall indemnify Shorebird for any damages finally awarded against, and for reasonable attorney’s fees incurred by, Shorebird in connection with any such claim, demand, suit or proceeding; provided, that Shorebird (a) promptly gives You written notice of the claim, demand, suit or proceeding; (b) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Shorebird of all liability); and (c) provides to You all reasonable assistance, at Your expense.
• The look and feel of the Service is copyright ©2023-present Code Town, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the Shorebird mobile applications without express written permission from Shorebird. The Shorebird command-line interface is open-sourced under the MIT or Apache 2.0 license at your choice.

F. Refund Policy

• If you feel you are being billed in error, we strongly encourage you to request a refund from your account or contact us rather than filing a dispute with your credit card company. If a dispute is filed before you get in touch with us, we are limited in what we can do to resolve it.
• Credit card disputes are flagged to us by your provider as potentially fraudulent so given the seriousness, if a credit card dispute is made, your account may be suspended while we investigate and we ask you to contact us to reinstate it.
• To request a refund, please log in to your account and go to Settings/Receipts.
• If you do not have an account, please email our Developer Success team directly at billing@shorebird.dev.
• You will be asked to provide the reason for your request.
• We aim to respond to refund requests within 5 business days of receipt.

G. General Conditions

• Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. Support for Shorebird services is only available in English, via email.
• You understand that Shorebird uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
• You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Shorebird, or any other Shorebird service.
• You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Shorebird.
• We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
• Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Shorebird customer, employee, member, or officer will result in immediate account termination.
• You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
• You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
• You must not transmit any worms or viruses or any code of a destructive nature.
• If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Shorebird) of other Shorebird customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
• Shorebird does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
• You expressly understand and agree that Shorebird shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Shorebird has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third-party on the service; (v) or any other matter relating to the service.
• The failure of Shorebird to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Shorebird and govern your use of the Service, superseding any prior agreements between you and Shorebird (including, but not limited to, any prior versions of the Terms of Service). You agree that these Terms of
• Service and Your use of the Service are governed under California law.

Questions about the Terms of Service should be sent to contact@shorebird.dev