Birthday Bards

Terms of Use

Welcome to Birthday Bards! By using birthdaybards.com and/or the services of Birthday Bards, LLC (“Birthday Bards” “we,” “our,” or “us”), you agree to the following terms, which we may amend or update from time to time:

Services:

  1. We provide custom artificial intelligence (“AI”) assisted poetry and AI-assisted images based on customer input and preferences.

Ordering Process:

  1. Customers provide personal information, reference images, and consent to data processing when they place an order.
  2. Customers select their desired product, provide necessary details about the recipient, and choose any additional customization options.

Payment Terms:

  1. All of the prices for our products and services on birthdaybards.com are listed in US Dollars and are subject to change without notice.
  2. Full payment by you is due upon the placement of your order on birthdaybards.com, and we accept Apple Pay, Google Pay, Visa, Mastercard, and American Express.
  3. Taxes and fees, if applicable, will be added to your order total during the checkout process.

Copyright and Intellectual Property:

  1. The copyright and associated intellectual property rights of the poems and/or images we create or author is owned by and shall remain with Birthday Bards.
  2. Customers are granted a non-exclusive, non-transferable license to use the content for personal, non-commercial purposes.
  3. Any unauthorized reproduction, distribution, or commercial use of our content without our express, written consent is prohibited.

Cancellation, Refund, and Revision Policy:

  1. Cancellations and refunds shall only be accepted within seven (7) days of placing an order.
  2. Customers may make three (3) free revisions within seven (7) days of receiving their order. Any additional revisions may incur extra charges.
  3. No refunds shall be issued for completed orders that meet the agreed-upon specifications.

Disclaimer of Warranties and Limitation of Liability:

  1. Our services are provided “as is” without warranties of any kind, either express or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement.
  2. We are not liable for any damages arising from the use or inability to use our services, including, but not limited to, direct, indirect, incidental, consequential, or punitive damages.
  3. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NOTE: CERTAIN APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO STATEMENT OF OURS OR ANY OF OUR DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS.
  4. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER WE NOR ANY OF OUR DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, AGENTS, OR REPRESENTATIVES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, PROFITS, USE OR DATA), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, EVEN IF BIRTHDAY BARDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT BIRTHDAY BARDS IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHERMORE, BIRTHDAY BARDS WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH PRODUCTS IS TO OBTAIN A REFUND (SUBJECT TO THESE TERMS OF USE), AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SERVICES IS TO STOP USING THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF BIRTHDAY BARDS ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES SHALL BE THE ACTUAL PRICE PAID THEREFORE BY YOU. NOTE: CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

Dispute Resolution:

  1. Any disputes arising from these terms will be resolved through a combined Mediation and Arbitration process, in which parties will first attempt mediation, followed by arbitration if mediation is unsuccessful in reaching a resolution.
  2. The mediation process will be conducted by a neutral third-party mediator who will facilitate communication, help identify issues, and encourage creative problem-solving without making any binding decisions.
  3. If mediation fails to resolve the dispute, the parties will proceed to arbitration (as further detailed in the Arbitration Agreement provisions below), which will be conducted by a neutral third-party arbitrator or a panel of arbitrators. The arbitrator(s) will hear the arguments and evidence presented by both parties and make a binding decision, called an arbitral award.
  4. The Mediation-Arbitration process will be conducted in accordance with the laws of Ohio, and any arbitration award will be enforceable as per the applicable laws.
  5. In case of any complaints or concerns regarding our services, customers are encouraged to contact us first so that we may attempt to resolve the issue amicably.

Arbitration Agreement:

  1. All arbitrations will be governed by the Consumer Arbitration Rules (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), and will be administered by the AAA. The AAA Rules and Forms are available online at http://www.adr.org, by calling the AAA at 1-800-778-7879. You may download or copy a form to initiate arbitration at www.adr.org.
  2. Please read this carefully, as it affects your rights.  If you are a customer, user or account holder of Birthday Bards in the United States (or its territories), and if mediation as outlined above has failed to resolve the dispute within 180 days, you and Birthday Bards agree that any dispute, claim or controversy arising out of or relating in any way to our products, services, site, social media, these Terms of Use and this Arbitration Agreement, or your relationship with Birthday Bards or birthdaybards.com (past, present, or future) shall be determined by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Birthday Bards are each waiving the right to a trial by jury or the right to participate in a class action. This arbitration provision shall survive termination of your agreement to our Terms of Use and/or the termination of your Birthday Bards account.
  3. The arbitrator shall be bound by the terms of this arbitration agreement and shall decide any and all relating to the scope and enforceability of this arbitration agreement. At the conclusion of the arbitration proceedings, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law upon which the award is based.
  4. The payment of all filing, administration, and arbitrator fees will be governed by the rules of the applicable dispute resolution provider (i.e., the AAA Rules or the NAM Rules). The right of either party to recover attorneys’ fees, costs and arbitration fees, shall be governed the laws that apply to the parties’ dispute, as well as any applicable arbitration rules.
  5. You agree that any arbitration shall take place in Ohio and any arbitration award may be converted to a judgment in Ohio state and federal courts.

Content Usage Policy:

By purchasing content provided by Birthday Bards, you agree to the following:

  1. The content, including poems and images, may be used for both personal and commercial purposes. You are granted a non-exclusive, non-transferable license to use the content for any lawful purpose.
  2. You are allowed to modify, reproduce, or create derivative works from the content without obtaining written permission from Birthday Bards.
  3. While attribution to Birthday Bards is not required, it is appreciated if you choose to give credit to our business when sharing or reposting the content on social media or other platforms.
  4. Birthday Bards reserves the right to request the removal of any content that is found to be used in a manner that is unlawful or violates the rights of others.
  5. Failure to comply with this Content Usage Policy may result in legal action, including but not limited to, copyright infringement claims and the termination of your access to our services.

Termination:

We may terminate your access to birthdaybards.com and to your account at any time, with or without cause, and with or without prior notice. Without limiting the foregoing, we may terminate your access if you violate these Terms of Use. Upon termination for any reason, your right to access and/or use of birthdaybards.com will immediately cease. Upon termination, you will have no further access to, and we may delete, any information, files or materials in or related to your account. Upon termination, we will have no obligation whatsoever to save or make any such information, files or materials available to you, and you agree that we will have no liability whatsoever to you or any other party as a result of a termination of your access to birthdaybards.com or to your account, or as a result of the deletion or loss of any information, files or materials in or related to your account.

Miscellaneous:

If any provision of these Terms of Use, is held to be invalid, void or otherwise unenforceable, such provision will be enforced to the maximum extent possible. If a provision is not capable of enforcement, the remainder of these Terms of Use will remain in full force and effect. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default, nor will any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy. This is the entire agreement between you and Birthday Bards relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. These Terms of Use are not assignable, transferable or sublicenseable by you except with our prior and express written consent. These Terms of Use may not be modified or amended except as we may update or amend them from time to time. The current Terms of Use will be available review for the general public and any user of our products and services on birthdaybards.com.