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Terms of Use

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.

Key Terms

“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.

Changes to Terms of Use

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.

Accessing the Website and Account Security

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:

Making all arrangements necessary for you to have access to the Website.
Making all arrangements necessary for you to have access to other tools, such as video-conferencing software, needed for you to use our Experting Packages or Services.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

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.

Intellectual Property Rights

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:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use.
If we provide social media features such as sharing pages or profiles with others, you may take such actions as are enabled by such features.

You must not:

Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

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.

Trademarks

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.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

In any way that violates any applicable federal, state, local, or international law or regulation.
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
To transmit or procure the sending of any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
To impersonate other people in your use of the Website, including, but not limited to, creating accounts or profiles that have other’s names or use images to suggest the pages belong to them.

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website.
Use any robot, spider, or another automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Collect, harvest, or publish any personally identifiable data from the Website, or use the communication systems provided by the Website for any reason not explicitly authorized by these Terms of Use.
Recruit, solicit, or contact in any form Experts or Students for employment or any other use not specifically intended by the Website.
Advertise or solicit a Service not related to or appropriate for the Website.
Submit User Contributions that damage the experience of any user.
Engage in fraudulent conduct.
Sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service.
Agree to purchase a Service when you do not meet an Expert’s requirements.
Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Website.
Otherwise attempt to interfere with the proper working of the Website.
Attempt to indirectly undertake any of the foregoing.

Monitoring and Enforcement; Termination

We have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights.
Take appropriate legal action, including, without limitation, referral to law enforcement for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms of Use.

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.

Content Standards

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:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.

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.

Copyright Infringement

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:

Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you.
A statement that you have a good faith belief that the use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

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.

Experting Packages and Services Terms and Conditions

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 and any of its Experts do not guarantee acceptance at any university.
All Experting Package purchases are non-refundable.
Experts will use industry standards of care in the performance of their services and make reasonable efforts to assure the accuracy of any information, but Early Bird does not warrant the information to be correct.
Company and all its coaches will act in accordance with the code of ethics of the Higher Education Consultants Association (HECA), as amended from time to time by HECA, as well as the code of ethics of other industry organizations.
Company has a 24-hour cancellation policy for all coaching and appointments, and for all hourly packages. Students will be billed for sessions canceled within 24 hours of their scheduled start time.

How Early Bird’s Expert Packages Work

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.

Reliance on Information Posted

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.

Changes to the Website

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.

Information About You and Your Visits to the Website

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.

Online Purchases and Other Terms and Conditions

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.

User Contributions and Interactive Services

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 own or control all rights in and to the User Contributions and have the right to grant the license granted above to the Company, Company Group, and Company Parties.
All of your User Contributions do and will comply with these Terms of Use.

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.

AI Assistant (“Robin”)

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.

No Submission on Your Behalf; No Outcome Guarantees. Students retain full ownership of, and responsibility for, their submissions, applications, essays, and communications. Neither the Company nor Robin submits materials on a student’s behalf. The Company does not guarantee outcomes related to college admission, scholarships, financial aid, or any other results.
Authenticity and Compliance. You acknowledge that any draft language, suggestions, or responses generated by Robin must be independently reviewed before use. Students are responsible for ensuring submitted materials reflect their own authentic work and comply with applicable institutional requirements.
Robin Data Processing. When you interact with Robin, your prompts, messages, uploads, and other inputs may be processed by the Company and its service providers (including third-party large language model providers) to generate responses and to operate, maintain, protect, and improve the Website/Services, as described in our Privacy Policy. You acknowledge that de-identified, aggregated, or anonymized information derived from Robin interactions may be used to improve, train, refine, or evaluate machine learning models, consistent with applicable law and the Privacy Policy.

Courses and Content Created by Experts

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.

Personalized Experts

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.

Prices and Taxes

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.

Links from the Website

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.

Linking to the Website and Social Media Features

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:

Link from your own or certain third-party websites to certain content on this Website.
Send e-mails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

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:

Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other site.
Otherwise, take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

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.

Geographic Restrictions

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.

Service Limitations

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.

Service Changes and Discontinuation

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.

Disclaimer of Warranties

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.

Limitation on Liability

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.

Indemnification

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.

Governing Law and Arbitration

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.

Entire Agreement

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.

Your Comments and Concerns

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