Please read these terms and conditions carefully before using Our Service.
The words whose initial letters are capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Application means the software program provided by the Company downloaded by You on any electronic device, named Feathrs.
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded. Subscriptions purchased in the web app are processed instead by Paddle.com Market Ltd as Merchant of Record.
Country refers to: Wisconsin, United States
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Kobe Tech LLC, a single-owner company.
Content means any text, images, posts, comments, polls, or other materials that You submit, upload, or share through the Service.
Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.
Service refers to the Application.
Subscription means a paid plan that provides access to premium features of the Service.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent and warrant that you are at least 13 years of age. If you are under 18 years of age, you must have permission from a parent or legal guardian to use the Service. Users under 13 are prohibited from creating accounts or using the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Please read Our Privacy Policy carefully before using Our Service.
When You create an account with Us, You must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not create an account if you are under 13 years of age. If you are between 13 and 18 years of age, you must have permission from a parent or legal guardian to create an account.
You acknowledge and agree that we may collect and use technical data and related information - including but not limited to technical information about your device, system and application software, and peripherals - that is gathered periodically to facilitate the provision of software updates, product support, and other services to you related to the Application. For more details, please refer to our Privacy Policy.
Feathrs is offered as a single paid subscription. Every new account starts with a 14-day free trial that requires no payment method; after the trial, a subscription is required to continue adding and editing records. The specific features, pricing, and billing periods are displayed within the Application and at the time of purchase.
All purchases and subscriptions are processed through the Apple App Store (for iOS and iPadOS devices), the Google Play Store (for Android devices), or Paddle.com Market Ltd, our Merchant of Record for subscriptions purchased in the web app. By subscribing, you agree to pay the applicable subscription fees as presented to you in the Application and as processed by that provider.
Payment will be charged to your Apple App Store account, your Google Play Store account, or the payment method you provide to Paddle at confirmation of purchase. Charges for web subscriptions appear on your statement as Paddle, not as Feathrs.
We may offer free trial periods for premium subscriptions from time to time. If a free trial is offered, the specific terms, including the duration of the trial period, will be presented to you before you sign up.
You may cancel your subscription at any time during the free trial period without being charged. If you do not cancel before the end of the free trial period, you will automatically be charged the subscription fee and your paid subscription will begin.
Each user is eligible for one free trial per subscription type. We reserve the right to determine your eligibility for a free trial and to withdraw or modify a free trial offer at any time without prior notice.
Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. Your Application Store account, or the payment method held by Paddle, will be charged for renewal within 24 hours prior to the end of the current subscription period.
You can manage your subscription and turn off auto-renewal at any time through your Application Store account settings. Turning off auto-renewal will prevent future charges, but you will continue to have access to premium features until the end of your current billing period.
You may cancel your subscription at any time through whoever processed the payment:
If you cancel your subscription, you will continue to have access to premium features until the end of your current billing period. No refunds will be provided for the remaining time in your current billing period.
All purchases and subscriptions are subject to the refund policies of the Apple App Store, the Google Play Store, or Paddle, as applicable. We do not process refunds directly. See our Refund Policy for the full detail, including statutory cooling-off periods.
If you believe you were incorrectly charged or experienced a technical issue with your purchase, please contact us at support@feathrs.app, and we will work with you to resolve the issue.
We reserve the right to modify subscription prices at any time. If we change the price of your subscription, we will notify you at least 30 days in advance of the price change taking effect. Your continued use of the premium features after the price change goes into effect constitutes your agreement to pay the modified subscription fee.
You retain all ownership rights to the Content that You submit, post, or display on or through the Service. By submitting, posting, or displaying Content on or through the Service, You grant Us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and distribute such Content in connection with operating and providing the Service.
You agree not to post, upload, or share Content that:
We reserve the right, but not the obligation, to monitor, review, and remove Content that violates these Terms or is otherwise objectionable. We may take action including, but not limited to, removing Content, suspending or terminating Your account, and reporting illegal activity to law enforcement.
You agree not to:
The Service and its original content (excluding Content provided by You or other users), features, and functionality are and will remain the exclusive property of Kobe Tech LLC and its licensors.
The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Kobe Tech LLC.
The Feathrs name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Kobe Tech LLC. You must not use such marks without our prior written permission.
The Service uses third-party services to provide functionality:
Your use of these third-party services through our Application is subject to their respective terms of service and privacy policies:
We are not responsible for the practices of these third-party service providers. Any purchases, subscriptions, or transactions made through the Application Stores are subject to their terms and policies, not ours.
This section applies to users who download the Application from the Apple App Store.
These Terms constitute an agreement between you and Kobe Tech LLC only, and not with Apple Inc. ("Apple"). Kobe Tech LLC, not Apple, is solely responsible for the Feathrs application and its content.
The license granted to you for the Feathrs application is limited to a non-transferable license to use the Application on any Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.
Kobe Tech LLC is solely responsible for providing any maintenance and support services with respect to the Application, as specified in these Terms or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
Kobe Tech LLC is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application to you (if applicable). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.
You acknowledge that Kobe Tech LLC, not Apple, is responsible for addressing any claims you or any third party may have relating to the Application or your possession and/or use of the Application, including product liability claims, regulatory compliance claims, and claims arising under consumer protection or privacy legislation.
You acknowledge that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, Kobe Tech LLC, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, the Application may not be exported or re-exported into any U.S.-embargoed countries.
You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms as they relate to your use of the Application downloaded from the Apple App Store. Upon your acceptance of these Terms, Apple will have the right to enforce these Terms against you as a third-party beneficiary thereof.
For any questions, complaints, or claims with respect to the Application when downloaded from the Apple App Store, you may contact Apple at: apple.com/support
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your account, You may simply discontinue using the Service or delete Your account through the account settings. If you transfer or sell your device to a third party, you must remove the Application from the device before doing so.
If you have an active subscription at the time of account termination, you must cancel your subscription separately through your Application Store account settings. Account deletion does not automatically cancel your subscription or entitle you to a refund.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service in the twelve (12) months preceding the event giving rise to liability, or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service), even if the Company or any supplier has been advised of the possibility of such damages.
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
Without limiting the foregoing, neither the Company nor any of the company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Feathrs is a record-keeping tool. The breed library, illness reference information, AI breed identification, AI health check results, and the medication dosage calculator are provided for educational and informational purposes only and do not constitute veterinary medical advice, diagnosis, or treatment. AI results are estimates and may be incomplete or wrong. Always consult a qualified veterinarian before treating a bird, and follow the label directions and withdrawal periods for any medication. Withdrawal countdowns and reminders in the Application are a convenience based on the values you enter and are not a substitute for verifying legal withdrawal requirements in your jurisdiction. You are solely responsible for decisions made about your birds and your produce.
If you are an Australian consumer, nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right or remedy under the Australian Consumer Law (ACL) which cannot be lawfully excluded, restricted or modified. Our liability is limited to the extent permitted by the ACL.
If you are a New Zealand consumer, nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Consumer Guarantees Act 1993 which cannot be lawfully excluded, restricted or modified.
For Australian and New Zealand consumers, our goods and services come with guarantees that cannot be excluded under consumer protection law. For major failures with the service, you are entitled to cancel your service contract with us and obtain a refund for the unused portion, or compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage.
You agree to defend, indemnify, and hold harmless Kobe Tech LLC, its licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns 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 or your use of the Service.
The laws of the State of Wisconsin, United States, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company at support@feathrs.app.
If we are unable to resolve your dispute informally, any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Wisconsin, United States, and the parties irrevocably consent to the personal jurisdiction and venue therein.
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, shall constitute the entire agreement between You and the Company with respect to the Service.
If you have any questions about these Terms and Conditions, You can contact us:
By email: support@feathrs.app
By visiting: feathrs.app