Terms of Service

These Terms of Service (“Terms”) govern your access to and use of JoyBird.ai and any related websites, applications, software, products and services provided by JoyBird.ai (“JoyBird”, “we”, “us” or “our”).

By creating an account, accessing or using JoyBird.ai, you agree to these Terms. If you do not agree to these Terms, you must not use the Service.

1. The Service

JoyBird provides a web-based software service and related features that allow users to create, manage, store, publish, process or otherwise work with digital content and information.

The features available through JoyBird may change from time to time. We may add, modify, suspend or discontinue features of the Service, provided that we will not remove material functionality of a paid service without reasonable notice where reasonably practicable.

Some features may be provided using third-party services or technologies, including hosting providers, payment processors, artificial intelligence services, analytics providers and other infrastructure providers.

2. Eligibility

You must be legally capable of entering into a binding agreement to use the Service.

If you use JoyBird on behalf of a company, organisation or other entity, you represent that you have authority to bind that entity to these Terms.

You must provide accurate information when creating an account and keep your account information reasonably up to date.

3. Accounts and Security

Some features require you to create an account.

You are responsible for:

  • maintaining the confidentiality of your account credentials;
  • maintaining the security of devices used to access your account;
  • all activity occurring through your account; and
  • notifying us promptly if you believe your account has been compromised.

You must not share your account credentials with another person where doing so would breach your subscription or account restrictions.

We may suspend or restrict access to an account where reasonably necessary to protect the Service, our users or third parties, including where we reasonably suspect unauthorised access, fraud or a breach of these Terms.

4. Acceptable Use

You must use JoyBird lawfully and responsibly.

You must not use the Service to:

  • violate any applicable law or regulation;
  • infringe another person’s intellectual property, privacy or other rights;
  • upload or distribute malicious software, viruses or other harmful code;
  • attempt to gain unauthorised access to the Service or another user’s account;
  • interfere with or disrupt the operation of the Service;
  • circumvent usage limits, security controls or access restrictions;
  • use automated means to access the Service in a manner that places unreasonable load on our systems;
  • impersonate another person or entity;
  • engage in fraud, scams or other deceptive activity;
  • use the Service to create or distribute unlawful, abusive, threatening or harmful material; or
  • use the Service in a way that could reasonably be expected to cause harm to JoyBird, our infrastructure, our users or third parties.

We may investigate suspected violations and take reasonable action where appropriate.

5. Your Content

You retain ownership of content, information, data, text, images, files and other materials that you submit to or create using JoyBird (“Your Content”), except to the extent that ownership is otherwise determined by applicable law or an agreement between you and us.

You grant JoyBird a limited, worldwide, non-exclusive licence to host, store, reproduce, process, transmit and otherwise use Your Content only as reasonably necessary to provide, maintain, secure and improve the Service and to comply with our legal obligations.

We will not sell Your Content to third parties.

You are responsible for ensuring that you have all rights, permissions and consents necessary for Your Content and for our processing of it as contemplated by these Terms.

You must not submit content that you do not have the right to use.

6. Artificial Intelligence Features

Some JoyBird features may use artificial intelligence or machine-learning technologies.

AI-generated results may be inaccurate, incomplete, outdated or unsuitable for your particular circumstances. You should independently review and verify important outputs before relying on them.

Unless expressly stated otherwise, JoyBird does not guarantee that AI-generated content is accurate, original, complete or suitable for any particular purpose.

You remain responsible for deciding whether and how to use AI-generated results.

You must not rely on JoyBird or its AI features as a substitute for professional legal, financial, medical, technical or other professional advice.

Where JoyBird uses third-party AI providers, Your Content may be processed by those providers as necessary to provide the relevant feature. Additional information about how personal information is handled is provided in our Privacy Policy.

7. Intellectual Property

JoyBird and its licensors own all rights, title and interest in the Service, including its software, design, user interface, branding, documentation and underlying technology, except for Your Content and third-party materials.

Nothing in these Terms transfers ownership of JoyBird’s intellectual property to you.

Subject to these Terms and any applicable subscription restrictions, we grant you a limited, non-exclusive, non-transferable and revocable right to access and use the Service for its intended purpose.

You must not copy, modify, distribute, sell, lease, sublicense, reverse engineer or create derivative works of the Service except where expressly permitted by law or by us in writing.

8. Feedback

If you provide suggestions, ideas, feedback or recommendations about JoyBird, you grant us the right to use them without restriction or compensation to you.

This does not give us ownership of Your Content.

9. Subscriptions and Fees

Certain features of JoyBird may require payment.

Prices, billing periods, usage limits and other subscription conditions will be displayed to you before you purchase a paid service.

Unless otherwise stated:

  • subscriptions renew according to the billing period selected by you;
  • applicable fees are charged using your selected payment method;
  • you are responsible for applicable taxes and government charges; and
  • subscription fees are generally non-refundable except where required by law or expressly stated otherwise.

If a subscription automatically renews, we will provide the applicable renewal information at the time of purchase in a manner required by applicable law.

We may change our prices from time to time. Where a price change affects an existing paid subscription, we will provide reasonable notice before the change takes effect.

10. Cancellation

You may cancel your subscription using the cancellation method made available through the Service or by contacting us.

Unless otherwise stated at the time of purchase, cancellation will generally take effect at the end of the current paid billing period.

Cancellation does not affect any rights or obligations that accrued before cancellation.

Nothing in this section limits any refund, cancellation or other rights you may have under Australian Consumer Law or other applicable law.

11. Consumer Guarantees

Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, right or remedy that cannot lawfully be excluded, restricted or modified.

If the Australian Consumer Law or another applicable law provides you with consumer guarantees or other mandatory rights, those rights continue to apply.

Where permitted by law, our liability for a failure to comply with a consumer guarantee will be dealt with in accordance with the remedies available under applicable law.

12. Availability and Changes to the Service

We aim to keep JoyBird available and reliable, but we do not guarantee that the Service will always be available, uninterrupted or error-free.

The Service may occasionally be unavailable because of:

  • scheduled maintenance;
  • emergency maintenance;
  • infrastructure failures;
  • third-party service outages;
  • internet or telecommunications failures;
  • security incidents; or
  • circumstances outside our reasonable control.

We may modify, suspend or discontinue part of the Service where reasonably necessary.

Where reasonably practicable, we will provide notice of material planned changes that significantly affect paid users.

13. Third-Party Services

JoyBird may integrate with or depend on third-party services.

Third-party services may have their own terms, privacy policies and limitations. We are not responsible for services that are operated independently by third parties.

If you choose to connect a third-party account or service to JoyBird, you authorise us to access and use that service to the extent necessary to provide the requested functionality.

14. Security

We take reasonable measures designed to protect the Service and information processed through it.

However, no online service can guarantee absolute security.

You acknowledge that transmitting information over the internet involves risks outside our control.

You should not submit information to JoyBird unless you are comfortable with it being processed as described in these Terms and our Privacy Policy.

15. Privacy

Our collection, use and handling of personal information is described in our Privacy Policy.

Our Privacy Policy forms part of these Terms by reference.

We will handle personal information in accordance with applicable privacy laws to the extent those laws apply to our activities.

16. Suspension and Termination

You may stop using JoyBird at any time.

We may suspend or terminate your access to the Service if:

  • you materially breach these Terms;
  • you use the Service unlawfully;
  • your use creates a security or operational risk;
  • payment obligations remain overdue after reasonable notice; or
  • we are required to do so by law.

Where reasonably practicable, we will give you notice and an opportunity to remedy a breach before terminating your account.

We may also terminate or discontinue the Service generally. If we discontinue a paid Service before the end of a period for which you have already paid, we will provide any refund required by applicable law and, where appropriate, a reasonable pro-rata refund for unused prepaid service.

17. Effect of Termination

Following termination, your right to access the Service will end.

Unless retention is required by law, necessary for legitimate business purposes, or otherwise agreed with you, we may delete account information and Your Content following termination.

You are responsible for maintaining your own backups of Your Content.

Sections that by their nature should survive termination will continue to apply, including provisions concerning intellectual property, payment obligations, liability, dispute resolution and governing law.

18. Disclaimers

To the maximum extent permitted by law, JoyBird is provided on the basis that you use the Service at your own discretion and risk.

We do not guarantee that:

  • the Service will meet every particular requirement;
  • the Service will always be available;
  • information provided through the Service will always be accurate or complete;
  • AI-generated results will be accurate or appropriate; or
  • the Service will be free from errors or defects.

These disclaimers do not exclude or limit any rights or guarantees that cannot legally be excluded or limited.

19. Limitation of Liability

To the maximum extent permitted by law, JoyBird will not be liable for indirect, incidental, special or consequential loss, including loss of profits, revenue, business opportunities, goodwill, data or anticipated savings, arising from your use of or inability to use the Service.

To the extent permitted by law, our total liability arising out of or relating to the Service will be limited to the amount you paid to JoyBird for the Service during the twelve months immediately preceding the event giving rise to the claim.

This limitation does not apply to liability that cannot lawfully be excluded or limited.

Nothing in these Terms limits liability for fraud, or any other liability that cannot legally be limited or excluded.

20. Your Responsibility

You are responsible for your use of the Service and for any consequences arising from Your Content or your use of information generated through the Service.

You agree to take reasonable steps to prevent your use of the Service from causing harm to JoyBird or any third party.

21. Indemnity

To the extent permitted by law, you agree to compensate JoyBird for reasonable losses, liabilities, costs and expenses arising directly from your unlawful use of the Service, your material breach of these Terms, or your infringement of another person’s rights.

This section does not require you to compensate JoyBird for losses caused by JoyBird’s own unlawful conduct or negligence.

22. Changes to These Terms

We may update these Terms from time to time.

If we make material changes, we will take reasonable steps to notify you, including by posting the updated Terms on the Service or notifying you through your account.

Your continued use of the Service after the updated Terms take effect constitutes acceptance of the updated Terms, to the extent permitted by law.

If you do not agree to a material change, you should stop using the Service and, where applicable, cancel your subscription.

23. Disputes

If you have a complaint or dispute relating to JoyBird, please contact us first so that we have an opportunity to resolve the issue.

We will make reasonable efforts to resolve disputes promptly and fairly.

Nothing in these Terms prevents you from exercising rights available to you under Australian Consumer Law or other applicable legislation.

24. Governing Law

These Terms are governed by the laws of Victoria, Australia.

You agree to submit to the courts of Victoria, Australia, and courts entitled to hear appeals from them, subject to any mandatory rights you may have under applicable law.

25. General

If any provision of these Terms is found to be invalid or unenforceable, that provision will be interpreted or modified to the minimum extent necessary to make it enforceable, where legally permitted. The remaining provisions will continue to apply.

Our failure to enforce a provision of these Terms does not constitute a waiver of our right to enforce it later.

These Terms, together with any applicable subscription terms and our Privacy Policy, constitute the agreement between you and JoyBird regarding your use of the Service.

You may not assign your rights or obligations under these Terms without our prior written consent, except where permitted by law.

We may assign or transfer our rights and obligations in connection with a merger, acquisition, restructuring, sale of assets or similar transaction.

26. Contact

If you have questions, complaints or requests relating to these Terms, please contact us through the contact details provided on the JoyBird website.

JoyBird.ai Melbourne, Victoria Australia

Email: support@joybird.ai