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These Terms of Use (“Terms”) apply to all websites, applications (including mobile apps), and platforms owned or operated by Early Bird College Inc (“Early Bird,” “Company,” “we” or “us”). This includes, without limitation, EarlyBirdcollege.com and related subdomains or successor sites (collectively, the “Websites”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of the Early Bird Platform and related offerings (“Services”).
Please read the Terms of Use carefully before you start to use the Website or signing up for an expert marketplace service (including Beta testers) offered by Early Bird. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at earlybirdcollege.com/privacy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
This Website is offered and available to users who are 13 years of age or older. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements or will be using this with a Parent/Guardian in accordance with our COPPA policies located in the Privacy Policy. If you do not meet all of these requirements, you must not access or use the Website.
If you are an Expert, by registering or using the Website to offer coaching, post or provide Courses, or provide other Content or Experting, you represent and warrant that you, and your employees, agents, contractors and subcontractors who may perform work for you, are properly and fully qualified and experienced, and licensed, certified, bonded and insured, as required by applicable laws or regulations to which you may be subject in the jurisdiction(s) in which you offer your services, including any Courses, Expert Packages, Services, or other Content you are providing. You also understand and agree that using the Website does not guarantee you will be hired for work.
“Expert” means a practitioner who is registered to use the Website to provide, receive payment for, or facilitate the provision of the Services.
“Student” means an individual who receives Services or who uses the Website to receive, pay for, or facilitate the receipt of the Services.
“Company Group” means the Company and its affiliates and authorized service providers, and their respective officers, directors, employees, agents, representatives, successors and assigns.
“Early Bird Platform” means the online Platform for coaching and other services offered by Early Bird.
“Company Parties” means the licensors, licensees, distributors, suppliers, and other parties with which the Company enters into agreements in order to provide the Services, and their respective officers, directors, employees, agents, representatives, successors, and assigns.
“you,” “your,” or “user” mean the individual who accesses, uses, and/or participates in the Services in any manner. If the individual uses the Services on behalf of an entity, such individual represents and warrants that such individual has the authority to bind that entity, such individual’s acceptance of these Terms of Use will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity.
“Robin” means the Early Bird platform artificial intelligence-powered assistant component or AI assistant designed to support students, parents, coaches/practitioners by providing organizational assistance, content guidance, roadmap suggestions, drafting support, and general informational responses within the platform environment, including but not limited to the Student Locker, task workflows, and messaging tools.
We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Arbitration will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. If we make material changes to these Terms of Use, we will notify you by e-mail to the primary e-mail address specified in your account.
We reserve the right to withdraw or amend this Website, and any Service or material we provide on or through the Website, in our sole discretion, without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features (including AI assistant, “Robin”) on the Website, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose or are provided with a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifiers, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
The Website and its entire contents, features, and functionality (including but not limited to all information, software, logos, trademarks, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. Early Bird grants you a limited, non-exclusive, revocable license to access and use the Websites for your personal, non-commercial use only. Except as expressly permitted, you may not copy, reproduce, distribute, modify, publicly display, or otherwise use any content without Early Bird’s prior written permission. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website except as follows:
You must not:
You must not access or use for any commercial purposes any part of the Website or any Services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to hello@earlybirdcollege.com.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
The Company name, the terms Early Bird, the Early Bird College Platform, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company, Early Bird College Inc, or Early Bird Parties as defined below. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
Additionally, you agree not to:
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY, EARLY BIRD GROUP, AND EARLY BIRD PARTIES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services (Robin AI). User Contributions must, in their entirety, comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
We reserve the right, at our sole discretion, to review any User Contributions for compliance with these standards and to verify the accuracy of any claims made in them.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request the removal of those materials (or access to them) from the Website by submitting written notification to our Copyright Agent. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
Our Designated Agent is available on request at: hello@earlybirdcollege.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Expert Packages and Services offered by Experts affiliated with Early Bird are offered to the following terms, and by purchasing an Expert Package or signing up for Services, you are agreeing to these terms.
Company’s coaching packages each have individual restrictions, which are described in the relevant product description pages. In addition, all Expert Packages work according to a process, which is described at earlybirdcollege.com/solutions. By purchasing an Expert Package or signing up for Services, you are agreeing to these terms.
The User Contributions, Courses, Expert packages, and all other information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
All purchases through the Website or other transactions for the sale of goods or services or information formed through the Website or as a result of visits made by you are governed by these Terms of Use.
Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.
If you purchase any Services that we offer for a fee, either on a one-time or subscription basis you agree to our storing your payment information. You also agree to pay the applicable fees for the Services as they become due, plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Failure to pay may result in the termination of your subscription. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. We do not guarantee refunds for lack of usage or dissatisfaction.
The Website may contain platform shareable message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to such platform shareable portions of the Website will be considered non-confidential and non-proprietary. By providing any such User Contribution on the Website, you grant the Company, Company Group, and, to the extent granted by the Company, Company Parties a perpetual, non-exclusive, royalty-free, worldwide license to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose/according to your account settings, and to associate such User Contributions with you, in connection with our business, including for promoting and marketing, educational and other purposes in all forms of media and to allow others to use such User Contributions within the Services and otherwise. Such license will survive the termination or deletion of your account. You will not be compensated for any User Contributions.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
The Website/Services may include an automated feature that generates responses using machine learning or similar technology (the “AI Assistant”), currently referred to as “Robin.” Robin is provided for general informational and organizational support purposes only. Robin does not provide legal advice, financial aid advice, psychological counseling, educational placement guarantees, admissions guarantees, or other professional services. You are solely responsible for reviewing, verifying, editing, and making independent decisions regarding any output generated by Robin.
On the Early Bird Platform, Experts offer content (“Courses”) designed to help students and families with college planning (including, but not limited to, scholarships, financial aid, college selection, essay writing, and applications). Courses are required to comply with all standards and requirements for User Contributions and with the site’s Content Standards. Early Bird may withdraw any Course from the Early Bird Platform at any time for any reason. Any Expert may withdraw any Course offered by such Expert from the Early Bird Platform at any time for any reason.
Early Bird agrees that any content developed or contributed solely by an Expert for a Course shall not become Early Bird intellectual property. Expert agrees that to the extent Early Bird collaborates in the development of content for a Course, such content shall also be jointly owned by Early Bird, and not offered outside of the Early Bird Platform by Expert without Early Bird’s prior consent.
Experts may also offer personalized consulting services through the Early Bird Platform to help students and families with college planning. Early Bird shall, in its sole discretion, have the right to terminate an Expert or any Expert from the Early Bird Platform at any time.
Unless expressly mutually agreed between Expert and Student, all Experts will be conducted electronically, such as via telephone, chat, or video conference.
The prices paid by users for Courses, Content, or Expert services shall be set by Early Bird at its sole discretion.
Early Bird shall pay Experts at rates agreed upon in advance between Early Bird and the Expert, via email or in a written agreement.
Student agrees to pay Early Bird for all Services sourced through the Early Bird Platform. Each Expert agrees to accept payment from Students sourced through the Early Bird Platform only from Early Bird.
Expert agrees that for Students sourced through the Early Bird Platform, they will direct such Students to sign up for any follow-up services through Early Bird, and not accept direct sign-ups.
All sales are final and non-refundable.
Experts are independent contractors and are not employees or agents of the Company. Experts are solely responsible for reporting all income received and paying all taxes assessed with respect to activities under these Terms of Use.
You understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisers and that we cannot and do not offer specific tax advice to either Students or Experts.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice at our discretion.
The owner of the Website is based in the state of California in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
We work hard to make your experience enjoyable. However, we cannot always anticipate technical or other operational difficulties, which may result in loss of data, personalization settings or other service interruptions. For this reason, you agree that the Services, including the services of our third-party service providers, are provided “AS IS” and “AS AVAILABLE”. Neither the Company nor our third-party service providers assume responsibility for the timeliness, deletion, miss-delivery, or failure to store any data, communications or personalization settings.
WITHOUT LIMITING THE FOREGOING, AND NOTWITHSTANDING ANY OTHER TERM OR CONDITION OF THIS AGREEMENT, THE COMPANY MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, WITH RESPECT TO ANY COURSE OR COACHING.
Our Services provide you with access to a rich collection of online resources, including various communication tools, online forums, personalized content, and branded programming. Some Services are presently provided free of charge, and others require payment. We reserve the right to change or to discontinue temporarily or permanently the Services at any time without notice. You agree that the Company will not be liable to you or any third party for any modification or discontinuance of the Service.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
FOR CLARITY, THE COMPANY MAKES NO WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, SUITABILITY, OR RELIABILITY OF ANY CONTENT GENERATED BY ROBIN OR OTHER AUTOMATED FEATURES.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL THE COMPANY, COMPANY GROUP OR COMPANY PARTIES, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless the Company, Company Group or Company Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
These Terms are governed by and will be construed under the laws of the state of California, without regard to the conflicts of laws provisions thereof. The arbitration shall be held in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitration shall be held in San Francisco, California. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in California. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND EARLY BIRD COLLEGE ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Early Bird, Inc. with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.
This Website is operated by Early Bird College Inc.
All notices of copyright infringement claims should be sent to our Copyright Agent in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be sent to the Early Bird College Team at hello@earlybirdcollege.com.
Last updated: March 5, 2026
Please review our full Privacy Policy at earlybirdcollege.com/privacy.
Your use of our Website and Services is subject to our Privacy Policy, which is incorporated into these Terms of Use by reference. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
We encourage you to read the Privacy Policy carefully to understand our practices regarding your personal data and how we will treat it.