Terms of Use

Last Updated: October 15, 2026

Article 1. Binding Agreement and Acceptance

IMPORTANT NOTICE: ARTICLE 28 CONTAINS A BINDING INDIVIDUAL ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER THAT AFFECT HOW DISPUTES BETWEEN YOU AND THE COMPANY ARE RESOLVED. ARTICLE 28 ALSO REQUIRES YOU TO SEND A WRITTEN NOTICE OF DISPUTE AND PARTICIPATE IN AN INFORMAL RESOLUTION PROCESS BEFORE COMMENCING ANY PROCEEDING. YOU MAY OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 28.9. ARTICLE 28 APPLIES ONLY TO USERS OF THE SERVICES, MEANING PEOPLE WHO CREATED AN ACCOUNT OR MADE A PURCHASE AND ACCEPTED THESE TERMS.

1.1 Parties. These Terms of Use (these "Terms") constitute a legally binding agreement between you and Blue Pine Holdings LLC, a limited liability company doing business as Beak School, together with its successors and assigns (the "Company," "Beak School," "we," "us," or "our"). If you use the Services on behalf of a business, rescue, clinic, or other organization, "you" includes that organization, and you represent and warrant that you have authority to bind it.

1.2 The Services. "The Services" means the paid and account based Beak School offerings: memberships (including the Beak School Club and Lifetime Membership), courses and other Digital Products, the community, live sessions, Trainer Hub bookings, the Trainer Program, the Partner (Affiliate) Program, the Shop, and any purchase made from the Company. The public website itself is not part of the Services. Browsing or viewing the website does not make you a user of the Services. Your use of the public website is covered by the Website Use Notice in Section 1.8.

1.3 Who these Terms bind and how you accept. These Terms bind users of the Services. You become a user of the Services, and accept these Terms as a binding contract, when you check a box, or click a button that names the action (such as "Create account" or "Pay now"), placed directly below or beside a statement that doing so means you agree to these Terms, with these Terms linked in visibly distinct text, while creating an account, completing a purchase, booking a session, or applying to or joining any program. Browsing public pages, viewing free content, joining a free email list, and making a choice in any cookie or privacy notice are not acceptance and do not make you a user of the Services. The Company keeps a record of each acceptance, including the date, time, version, page, and method of acceptance, and those records are evidence of your assent. If you do not agree to these Terms, do not create an account or make a purchase.

1.4 Incorporated documents. The following are incorporated into and form part of these Terms: the Privacy Policy; the Directory Terms; the Affiliate Program Terms; the Trainer Program Agreement set out in Article 34; the Accessibility Statement; any checkout, booking, offer, or promotion terms presented at the point of purchase; and any policies or guidelines posted within a specific feature (together with these Terms, the "Agreement").

1.5 Order of precedence. If there is a conflict among the documents forming the Agreement, the following order of precedence applies, from highest to lowest: (a) Article 28 (Dispute Resolution), which controls over every other provision and document; (b) terms presented at the point of a specific purchase or booking, solely as to that transaction; (c) program specific terms (the Trainer Program Agreement, the Affiliate Program Terms, and the Directory Terms), solely as to that program; (d) the Privacy Policy, solely as to the collection, use, and disclosure of personal information; and (e) the remainder of these Terms.

1.6 Electronic contracting. You agree that these Terms and every acceptance, consent, authorization, and notice given through the Services are electronic records and electronic signatures under the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., and applicable state law, and have the same force and effect as a signed writing. You agree to receive all disclosures and notices electronically. You may request a paper copy of these Terms at no charge by contacting us under Article 35.

1.7 Summary not binding. Any plain language summary, heading, or explanatory note accompanying these Terms is provided for convenience only and does not limit or modify the operative text.

1.8 Website Use Notice. This short notice applies to anyone who views the public website, whether or not they use the Services. The website and its content (text, videos, photos, graphics, course descriptions, and design) belong to the Company or its licensors and are protected by copyright and trademark law. You may view the website for your own personal, noncommercial use. You may not copy, republish, scrape, sell, or distribute website content without the Company's written permission. Information on the website is general education only and is not veterinary advice. Article 4 (Intellectual Property and License) and Article 21 (Copyright Complaints) describe these rights in more detail and apply to the website as well as the Services. This notice is not an agreement to arbitrate.

Article 2. Definitions and Interpretation

2.1 Definitions. Capitalized terms have the following meanings:

1. "Account" means a registered user account on the Services.
2. "Adoption Center" means the portion of the Services through which users may post and view information about birds in need of a new home and communicate about rehoming.
3. "Affiliate" or "Partner" means a person approved to participate in the Partner Program.
4. "Company Content" means all content made available through the Services by or for the Company, including courses, lessons, videos, audio, transcripts, captions, PDFs, ebooks, quizzes, graphics, photographs, text, software, code, databases, compilations, directory structures and selections, and the look and feel of the Services, excluding User Content.
5. "Digital Product" means any course, lesson, ebook, download, template, recording, or other content delivered electronically for a fee.
6. "Directory" means any listing, index, map, or database of trainers, veterinarians, rescues, sanctuaries, breeders, suppliers, or other providers made available through the Services, wherever hosted.
7. "Listing" means a Directory entry for a Provider, whether claimed or unclaimed.
8. "Member" means a person holding an active paid membership.
9. "Partner Program" means the Beak School affiliate and referral program.
10. "Physical Product" means any tangible good sold through the Shop.
11. "Provider" means any person or organization that appears in a Directory, offers services through the Trainer Hub, or sells through the Services, other than the Company.
12. "Shop" means any portion of the Services through which Physical Products or Digital Products are offered for sale by the Company.
13. "Subscription" means any paid plan that renews automatically, including memberships and paid placements.
14. "Trainer" means a Provider approved under the Trainer Program Agreement.
15. "Trainer Hub" means the portion of the Services through which users discover, message, book, and pay Trainers.
16. "User" or "you" means any person who uses the Services in any capacity, including account holders, Members, buyers, Trainers, Affiliates, Providers, listers, and adopters. A "user of the Services" is a person who created an account or made a purchase and accepted these Terms. A person who only views the public website is a "Visitor" and is covered only by the Website Use Notice in Section 1.8.
17. "User Content" means any content submitted, posted, uploaded, transmitted, or made available through the Services by a User, including posts, comments, messages, reviews, ratings, photographs, videos, bird profiles, Adoption Center entries, Listings information supplied by a Provider, and Trainer materials.

2.2 Interpretation. In these Terms, "including" means "including without limitation"; headings are for convenience only; the singular includes the plural and vice versa; "days" means calendar days unless "business days" is stated; references to a statute include its implementing regulations and successor provisions as amended.

2.3 Additional definitions. "Beak School Club" means the Company's membership video course library and associated member features. "Lifetime Membership" means a one time purchase of access to the Beak School Club on the terms in Article 33. "Trainer Program" means the program governed by Article 34. "Notice of Dispute" has the meaning given in Section 28.2.

Article 3. Eligibility, Accounts, and Security

3.1 Age. You must be at least 18 years of age (or the age of majority where you reside, if higher) to create a paid Account, make any purchase, book any session, post an Adoption Center entry, submit or claim a Listing, or participate in the Trainer Program or Partner Program. Persons aged 13 to 17 (16 to 17 in the European Economic Area, United Kingdom, and Switzerland) may use free features only with the consent and supervision of a parent or legal guardian who accepts these Terms on their behalf and is responsible for their use. The Services are not directed to children under 13, and the Company does not knowingly collect personal information from them.

3.2 Eligibility. You represent and warrant that (a) you have the legal capacity to enter into a binding contract; (b) you are not barred from using the Services under the laws of the United States or any applicable jurisdiction; (c) you are not located in, organized under the laws of, or ordinarily resident in a country or territory subject to comprehensive United States sanctions, and are not listed on any United States government list of prohibited or restricted parties; and (d) you have not previously been suspended or removed from the Services.

3.3 Account information. You agree to provide accurate, current, and complete information and to keep it updated. You may not impersonate any person, use a false identity, or create an Account for anyone other than yourself or an organization you are authorized to represent.

3.4 Credentials and security. You are responsible for safeguarding your login credentials and for all activity under your Account, whether or not authorized by you. You must notify us immediately of any unauthorized access. The Company is not liable for any loss arising from your failure to safeguard your credentials.

3.5 Single user license; no sharing. Each Account and each membership is licensed to one natural person. You may not share, sell, rent, transfer, or permit concurrent use of your Account or credentials, or provide access to paid Company Content to any other person. The Company may use technical measures to detect concurrent sessions, unusual download activity, or credential sharing, and may suspend or terminate Accounts that violate this Section without refund.

3.6 Verification. The Company may, at any time, require you to verify your identity, age, business status, credentials, or payment information, and may decline, suspend, or limit any Account pending verification.

Article 4. Intellectual Property and License

4.1 Ownership. The Services and all Company Content are owned by the Company or its licensors and are protected by United States and international copyright, trademark, trade dress, database, trade secret, and other intellectual property laws. The Directories, including the selection, coordination, arrangement, classification, and enhancement of Listings data, are original compilations of the Company. All rights not expressly granted in these Terms are reserved.

4.2 License to you. Subject to your continuing compliance with the Agreement and payment of all applicable fees, the Company grants you a limited, personal, revocable, nonexclusive, nontransferable, nonsublicensable license to access and view the Services and the Company Content you are entitled to access, solely for your own personal, noncommercial education regarding the care and training of your own birds. A Trainer may additionally use the Services as permitted by Article 34. Purchase of a Digital Product or membership is a purchase of this license, not of any ownership interest in the content.

4.3 Restrictions. Except as expressly permitted in writing by the Company, you shall not: (a) copy, reproduce, download (other than through a download function the Company provides for that content), record, screen capture, rip, or archive any Company Content; (b) distribute, publish, transmit, display, perform, sell, resell, rent, lease, sublicense, or otherwise make Company Content available to any third party; (c) modify, translate, adapt, summarize for redistribution, or create derivative works of Company Content, including course outlines, workbooks, or teaching curricula derived from it; (d) use Company Content to teach, coach, or present any paid or public class, webinar, workshop, or consultation; (e) remove, alter, or obscure any copyright notice, watermark, or other proprietary or attribution notice or any copyright management information; (f) frame, mirror, or inline link Company Content; or (g) use Company Content, Listings, or any portion of the Services to develop, train, fine tune, benchmark, or improve any machine learning or artificial intelligence system or dataset.

4.4 Trademarks. "Beak School," "Beak School Club," "The Flock," the Beak School logo, and all related names, logos, slogans, and trade dress are trademarks of the Company. You may not use any Company trademark in any domain name, social media handle, paid search keyword, metatag, business name, or product name, or in any manner likely to cause confusion or to suggest sponsorship, affiliation, or endorsement, except as expressly licensed under the Partner Program or Trainer Program. Third party names and marks referenced in the Services belong to their respective owners, and their appearance does not imply endorsement.

4.5 Feedback. If you submit suggestions, ideas, comments, or other feedback concerning the Services ("Feedback"), you grant the Company a nonexclusive, perpetual, irrevocable, worldwide, royalty free, fully paid, sublicensable, transferable license to use, disclose, and exploit the Feedback for any purpose without compensation or attribution, and you waive any claim that the Company's use of similar ideas infringes or misappropriates your rights. Feedback is not confidential. Feedback does not include reviews, which Article 13 governs.

4.6 Enforcement. Unauthorized use of Company Content infringes the Company's rights and is a material breach of these Terms. The Company may pursue all available remedies, including injunctive relief, statutory damages, and recovery of attorneys' fees where permitted by law.

Article 5. Purchases, Pricing, Taxes, and Payment

5.1 Offers and acceptance. Product descriptions, prices, and promotions displayed on the Services are invitations to offer. Your order is an offer to purchase, which the Company accepts only when it delivers access or ships the product, or sends a confirmation stating that the order is accepted. The Company may refuse, cancel, or limit any order or quantity, including orders that appear to be placed by resellers, by automated means, or fraudulently, and will refund any amount charged for an order it cancels.

5.2 Pricing errors. Despite our efforts, a price, description, or availability statement may contain a typographical, technical, or other error. The Company is not bound by any obvious error and may correct it, cancel any affected order, and refund the amount paid, even after the order is confirmed, provided we notify you promptly after discovering the error.

5.3 Promotions. Discounts, coupons, introductory prices, countdown offers, bonuses, and promotional terms apply only as stated in the offer, are not combinable unless stated, have no cash value, are void where prohibited, and may not be applied retroactively to prior purchases. Time limited offers end at the stated time.

5.4 Currency and taxes. All amounts are in United States dollars unless stated. Prices exclude applicable sales, use, value added, goods and services, digital services, and similar taxes unless stated, and you agree to pay those taxes where the Company is required to collect them. You are responsible for any currency conversion, foreign transaction, or bank fees.

5.5 Payment processing. Payments are processed by third party payment processors, currently Stripe and PayPal, under their own terms and privacy policies. The Company does not receive or store full payment card numbers. You represent that you are authorized to use each payment method you provide, and you authorize the Company and its processors to charge that payment method, and any updated or replacement card information provided by your card issuer, for all amounts due. If a payment fails, the Company may retry the charge, suspend access, or cancel the purchase.

5.6 Delivery of Digital Products. Digital Products are delivered when access is made available in your Account or a download link is provided. You acknowledge that access to a Digital Product begins immediately upon purchase. If you are a consumer in the European Economic Area, the United Kingdom, or Switzerland, you have a 14 day right to withdraw from a purchase. For digital content, such as a course or download, you lose that right once access begins, but only if at checkout you expressly asked for immediate access and acknowledged that you would lose the right, and the Company confirmed this in your order email. For memberships, live sessions, and other digital services, if you withdraw within 14 days you receive a refund, less a proportionate amount for any service already provided. The money back guarantee in Article 7 applies in addition to these rights.

5.7 No resale. Purchases are for your personal use. Commercial resale of Physical Products or Digital Products purchased through the Services is prohibited unless authorized in writing.

Article 6. Subscriptions, Automatic Renewal, and Cancellation

6.1 Automatic renewal terms. IF YOU PURCHASE A SUBSCRIPTION, IT WILL AUTOMATICALLY RENEW AND YOUR PAYMENT METHOD WILL BE CHARGED AT THE START OF EACH RENEWAL PERIOD, AT THE RENEWAL PRICE AND INTERVAL DISCLOSED NEXT TO THE PURCHASE BUTTON, UNTIL YOU CANCEL. Before you are charged, the Company will clearly and conspicuously disclose (a) that the Subscription continues until cancelled; (b) the cancellation policy; (c) the recurring charge amount and any change in amount after an introductory or trial period; (d) the renewal interval; (e) the length of any introductory period; and (f) how to cancel. Before you are charged, you must check an unchecked box placed next to these renewal terms stating that you agree to the automatic renewal, and the Company keeps a record of that consent for at least three years or one year after your Subscription ends, whichever is longer.

6.2 Introductory offers and trials. If a Subscription begins with a free trial or introductory price, the regular price disclosed at checkout will be charged automatically when the trial or introductory period ends unless you cancel before then. Where required by law, the Company will send a reminder before a free trial converts to a paid Subscription.

6.3 Acknowledgment. After purchase, the Company will send you an acknowledgment by email that includes the automatic renewal terms, the cancellation policy, and instructions for cancelling online, in a form you can retain.

6.4 How to cancel. You may cancel a Subscription at any time, without speaking to anyone, through the cancellation control in your Account under Billing, which is available online at all times and requires no more steps than enrollment. You may also cancel by emailing the address in Article 35 from the email on your Account. The Company may present one retention offer during cancellation, together with an equally prominent option to complete cancellation. Cancellation takes effect at the end of the current paid period, through which you retain access, unless otherwise required by law. Cancellation stops future charges and does not by itself entitle you to a refund of amounts already paid, except as provided in Article 7 and Sections 30.3, 31.3, and 33.2.

6.5 Material changes and price increases. The Company will email notice of any increase in the recurring price, with the new price and instructions to cancel, no fewer than 7 and no more than 30 days before the increase takes effect, and will email at least 30 days' notice of any other material change to Subscription terms. At least once a year, the Company emails every Subscription holder a reminder of the product, the renewal amount and interval, and how to cancel. The change takes effect at the start of the first renewal period after the notice period. For Subscriptions with a term of one year or longer, the Company will send a renewal reminder between 15 and 45 days before renewal, or within any different period required by applicable law. Where applicable law requires it, the Company will also email you before the first charge at a regular price that is higher than an introductory or trial price, and will send any other periodic reminder of your Subscription terms and how to cancel that applicable law requires.

6.6 Paid placements. Featured listings, sponsored placements, and similar recurring paid placements are Subscriptions governed by this Article. Paid placement affects visibility only and confers no endorsement, ranking guarantee, or volume of leads, inquiries, or bookings.

6.7 State law. The Company intends this Article to comply with the Restore Online Shoppers' Confidence Act, 15 U.S.C. Section 8401 et seq., and state automatic renewal laws, including California Business and Professions Code Section 17600 et seq., the Illinois Automatic Contract Renewal Act, New York General Business Law Section 527 et seq., Virginia Code Section 59.1-207.45 et seq., and Minnesota Statutes Section 325G.56 et seq. Where any such law grants you greater rights, those rights apply.

Article 7. Refunds, Chargebacks, Fraud, and Collections

7.1 Money back guarantee. Memberships, Lifetime Memberships, and Company courses and Digital Products are covered by a 14 day money back guarantee measured from the date of the original purchase. To request a refund, contact us under Article 35 within that period with the email used at purchase. Approved refunds are issued to the original payment method, normally within 5 to 10 business days. Upon refund, your license to the refunded product terminates and access is revoked. The guarantee applies once per customer per product, does not apply to renewal charges after the first paid period except where required by law, and does not apply where the Company reasonably determines that the request is part of a pattern of purchase, consumption, and refund, or that content was copied, downloaded in bulk, or shared in breach of Article 4.

7.2 Other refunds. Coaching session refunds are governed by Article 33. Physical Product returns are governed by Article 8. Refunds for Trainer products are governed by the refund terms presented at purchase and Article 34. Except as stated in these Terms or required by law, all fees are nonrefundable, and partial periods are not prorated.

7.3 Statutory rights. Nothing in these Terms limits any refund, cancellation, or withdrawal right that cannot be waived under the law of the place where you reside.

7.4 Contact us before disputing. Before initiating a chargeback, payment reversal, or claim with your bank, card issuer, or PayPal, you agree to contact the Company and give us a reasonable opportunity, not less than 5 business days, to resolve the issue. This Section does not restrict any right you have under the Fair Credit Billing Act, the Electronic Fund Transfer Act, or card network rules.

7.5 Chargebacks. If you initiate a chargeback or reversal, the Company may (a) suspend access to the disputed product and, for chargebacks relating to a product you received, to your Account, while the dispute is pending; (b) provide the payment processor with records relating to your purchase, Account, access, usage, communications, and acceptance of these Terms; and (c) where the chargeback is resolved in the Company's favor or the Company reasonably determines that it was filed for a product you received and used, terminate your Account and decline future purchases. Amounts reversed by chargeback for products you received and used, and that the Company does not recover, remain due.

7.6 Fraud. The Company may refuse, cancel, or reverse any transaction, suspend any Account, and report to law enforcement and payment networks any activity it reasonably believes involves fraud, stolen payment credentials, money laundering, or abuse of promotions, refunds, the Partner Program, or the Trainer Hub.

7.7 Amounts owed. Any undisputed amount you owe the Company and do not pay when due may be collected by lawful means, and the Company may recover collection costs only where a statute allows it.

Article 8. The Shop: Physical and Digital Products

8.1 Applicability. This Article applies to Physical Products sold by the Company through the Shop. Products sold by third parties, including products reached through affiliate links, are governed by Article 9 and by the third party's terms.

8.2 Product information. The Company attempts to describe products accurately, but colors, dimensions, and packaging may vary, and manufacturers may change products without notice. Product images are illustrative. Sizing and suitability of cages, perches, toys, and other bird products for a particular bird is your responsibility; always follow manufacturer instructions and consult an avian veterinarian regarding species specific safety.

8.3 Fulfillment and shipping. Physical Products may be fulfilled by the Company or by third party fulfillment, print on demand, or drop ship partners. Shipping dates are estimates. The Company will comply with the Federal Trade Commission's Mail, Internet, or Telephone Order Merchandise Rule, 16 C.F.R. Part 435, including by notifying you of material delays and giving you the option to cancel for a prompt refund. The Company may decline to ship to certain locations.

8.4 Title and risk of loss. Title to and risk of loss for Physical Products pass to you upon delivery to the carrier, except where applicable law requires that risk pass upon delivery to you. If a package is lost or arrives damaged, contact us within 14 days of the delivery date, or the expected delivery date, with photographs where applicable, and the Company will work with you and the carrier to replace or refund the item.

8.5 Returns. Unless a different policy is stated on the product page, unused Physical Products in original condition and packaging may be returned within 30 days of delivery for a refund of the product price, less original shipping, after the return is received and inspected. You are responsible for return shipping unless the item was defective or shipped in error. Personalized, custom, perishable, hygiene sensitive, opened consumable, clearance, and final sale items are not returnable except if defective. Digital Products are governed by Article 7.

8.6 Product warranties. Physical Products are covered only by any written warranty of the manufacturer, which the Company passes through to you to the extent permitted. EXCEPT FOR ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW, THE COMPANY MAKES NO WARRANTY OF ITS OWN REGARDING PHYSICAL PRODUCTS, AND ARTICLE 25 APPLIES. Nothing in this Section limits any right you have under the Magnuson Moss Warranty Act or state law with respect to consumer products.

8.7 Product safety and use. Bird products can present hazards, including ingestion, entanglement, heavy metal exposure, and injury, if misused, damaged, or unsuitable for a species. You assume responsibility for inspecting products before and during use and removing any damaged product. Any food, treat, or supplement is not intended to diagnose, treat, cure, or prevent any disease, and you should consult an avian veterinarian before changing your bird's diet. Products that require a warning under California's Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) will carry that warning on the product page or label.

8.8 Recalls. If the Company learns of a recall affecting a product it sold to you, it will use reasonable efforts to notify you at the email on your order.

Article 9. Third Party Products, Affiliate Links, and Endorsements

9.1 Material connections. The Services contain links to products and services sold by third parties, including through affiliate programs, and some content is sponsored or produced in partnership with brands. THE COMPANY MAY EARN A COMMISSION, FEE, FREE PRODUCT, OR OTHER COMPENSATION WHEN YOU CLICK A LINK OR MAKE A PURCHASE THROUGH THE SERVICES, AT NO ADDITIONAL COST TO YOU. The Company discloses these material connections clearly and conspicuously near the relevant recommendation, consistent with the Federal Trade Commission's Guides Concerning the Use of Endorsements and Testimonials in Advertising, 16 C.F.R. Part 255. Compensation does not determine whether a product is recommended, but you should consider the disclosed relationship in evaluating any recommendation.

9.2 Seller of record. When you buy from a third party, including through an affiliate link, the third party is the seller of record and is solely responsible for the product, its description, price, safety, labeling, warranty, fulfillment, returns, customer service, and its handling of your personal information. The Company is not a party to that transaction, does not inspect or guarantee third party products, and is not responsible for any claim arising from them. Prices and availability shown on the Services for third party products may be out of date.

9.3 Recommendations are opinions. Gear guides, product roundups, and recommendations reflect opinion and general information as of the date of publication. They are not a representation that a product is safe or suitable for any particular bird, species, or setup.

9.4 Sponsored and partner content. Content created with or paid for by a brand or partner will be labeled as sponsored, advertising, or partner content. Partner programs, discounts, and offers from third parties are subject to the third party's terms.

9.5 Endorsers. Testimonials and endorsements on the Services reflect the honest experience of real customers or endorsers. Where an endorser received compensation, free access, or another benefit, or has a business relationship with the Company, that connection is disclosed. Individual results vary, and testimonials do not guarantee that you will achieve similar results.

Article 10. Beak School Partner Program

10.1 Program terms. Participation in the Partner Program is governed by the Affiliate Program Terms posted at beakschool.com/affiliate-terms, which are incorporated into these Terms, and by this Article. If they conflict, these Terms control as to liability, indemnity, dispute resolution, and governing law (Articles 26 through 29), and the Affiliate Program Terms control as to commission rates, the twelve (12) month cap on recurring commissions, attribution windows, and payout mechanics.

10.2 Approval and status. The Company may approve, decline, suspend, or terminate any Affiliate in its discretion. Affiliates are independent contractors. Nothing creates an employment, agency, franchise, partnership, or joint venture relationship, and no Affiliate may make any representation, warranty, promise, or commitment on behalf of the Company.

10.3 Compliance obligations. Each Affiliate shall, at its own expense: (a) clearly and conspicuously disclose its material connection to the Company in every endorsement, post, video, email, and message containing a referral link or code, in a manner that complies with 16 C.F.R. Part 255 and the rules of each platform used; (b) comply with the CAN SPAM Act, the Telephone Consumer Protection Act, state telemarketing and privacy laws, and platform rules in all promotion, and never send unsolicited commercial messages; (c) make no false, misleading, unsubstantiated, or exaggerated claims about training results, animal health, income, or earnings, and no claims about veterinary or medical outcomes; (d) not bid on, register, or use any Company trademark or misspelling in paid search, domains, handles, or ad copy; (e) not engage in cookie stuffing, forced clicks, self referral, incentivized clicks, coupon site listings, or any technique that creates attribution without a genuine referral; (f) not post fake reviews, AI generated testimonials, or content presenting experiences the Affiliate has not had; and (g) not use the name, image, likeness, or identity of any Company instructor, contributor, or partner without prior written consent.

10.4 Commissions; clawbacks; set off. Commissions are earned only on qualifying net revenue actually received and retained by the Company, as defined in the Affiliate Program Terms. Commissions on refunded, charged back, fraudulent, or noncompliant transactions are void and may be reversed or set off against future commissions or other amounts owed by the Company to the Affiliate. Commissions earned through any violation of this Article are forfeited.

10.5 Taxes and payouts. Payouts are conditioned on receipt of a valid IRS Form W 9 or W 8 and accurate payout details. The Company may withhold amounts required by law and will issue tax information returns as required. Affiliates are responsible for all taxes on their commissions.

10.6 Affiliate indemnity. Each Affiliate shall defend, indemnify, and hold harmless the Company Parties (defined in Article 26) from all claims, regulatory inquiries, penalties, losses, and attorneys' fees arising from the Affiliate's marketing, content, messages, disclosures, or breach of this Article. The Company's total liability to any Affiliate in connection with the Partner Program shall not exceed the commissions payable to that Affiliate for the three months before the claim arose.

Article 11. The Trainer Hub

11.1 Platform role. The Trainer Hub is a venue that enables bird owners to find, communicate with, book, and pay independent Trainers. Unless the Company is expressly identified as the provider of a particular service, the Trainer, not the Company, is the provider of all training, coaching, consultation, and Trainer products, and the contract for those services is between you and the Trainer. The Company collects payment as a limited payment collection agent of the Trainer through its payment processors; payment to the Company satisfies your payment obligation to the Trainer.

11.2 Independence of Trainers. Trainers are independent businesses and contractors. They are not employees, agents, joint venturers, or partners of the Company, and the Company does not direct or control the manner or means of their work. The Company does not supervise sessions, does not set training protocols, and is not responsible for any advice, statement, act, or omission of a Trainer.

11.3 No endorsement or verification guarantee. Approval to the Trainer Program, Founding or Featured status, badges, rankings, and credentials displayed on a profile are not an endorsement, certification, or guarantee by the Company of any Trainer's qualifications, competence, licensure, insurance, conduct, or results. Credentials are self reported unless expressly labeled as verified, and verification reflects only that the Company reviewed a document or registry at a point in time. The Company does not conduct criminal background checks unless expressly stated. You are responsible for evaluating any Trainer before booking.

11.4 Rankings and sorting. Trainer search results are ordered using factors described on the Trainer Hub, which may include paid Featured placement, profile completeness, location, availability, responsiveness, and reviews. Paid placement is labeled.

11.5 Bookings. A booking is confirmed when payment is authorized and the Trainer accepts it or the session time is confirmed by the system. Cancellations, rescheduling, no shows, and refunds are governed by Article 33 and any Trainer specific policy shown at booking.

11.6 Communications stay on the platform. To protect both parties and to support dispute resolution, Users and Trainers must communicate about, schedule, and pay for Trainer Hub services only through the Services. Payments made outside the Services for a relationship that began on the Services are not protected by the Company and violate these Terms.

11.7 Seller verification. If the Company is required by the INFORM Consumers Act, 15 U.S.C. Section 45f, or any similar law to collect, verify, or disclose information about any seller, including sellers of Trainer Digital Products or Physical Products, each such seller agrees to provide the required identification, bank, tax, and contact information within 10 days of request, consents to the required disclosures, and acknowledges that the Company must suspend selling privileges for noncompliance. Users may report suspicious seller activity through the reporting link on any seller page or by email under Article 35.

11.8 Disputes between Users. Any dispute between you and a Trainer, Provider, Affiliate, adopter, lister, or other User is solely between you and that person. The Company may, but has no obligation to, mediate, review evidence, issue a refund under its policies, or remove a User. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE THE COMPANY PARTIES FROM ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND, KNOWN AND UNKNOWN, ARISING OUT OF OR CONNECTED WITH ANY SUCH DISPUTE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." You waive any comparable provision of any other jurisdiction. This release does not cover the Company's own obligations under the Agreement, including refunds under Articles 7 and 33 and payouts under Article 34, or claims arising from the Company's gross negligence, willful misconduct, fraud, or violation of law.

Article 12. Directories and Provider Listings

12.1 Nature of the Directories. The Directories are informational resources intended to help bird owners locate trainers, avian veterinarians, rescues, sanctuaries, breeders, and related providers. Listings are compiled from (a) information submitted by Providers; (b) business information Providers have made publicly available, on their own websites and business profiles, and public government licensing records; and (c) the Company's own editorial review. The Company records the source of Listing information where practicable. Listings are provided "as is" and may be incomplete, outdated, or inaccurate.

12.2 What the Company publishes. Listings contain business information only, such as a business or professional name, general location (city, state, or region), services, species served, virtual service availability, website, and credentials. The Company does not publish home street addresses, personal or unlisted telephone numbers, personal email addresses, dates of birth, government identifiers, or financial information in any Listing, and Providers must not submit such information for publication. Unclaimed Listings are labeled as unclaimed, and credentials are labeled as self reported unless the Company has verified them with the issuing body. The Company does not use the name, photograph, or likeness of a Provider with an unclaimed Listing in advertising. Map markers for Listings without a public storefront show only a city or general area.

12.3 No endorsement or professional referral. Inclusion in a Directory, any badge, label, ranking, rating, or completeness indicator, and any Featured or sponsored placement do not constitute an endorsement, recommendation, certification, or guarantee by the Company. The Company does not refer patients to veterinarians and does not verify veterinary licensure unless stated; confirm licensure with the applicable state veterinary board. Descriptive labels the Company applies (such as "unclaimed," "self reported," or a completeness score) are factual descriptions of the state of the information available to the Company and not statements about the quality of any Provider.

12.4 Not a consumer reporting agency; permitted use. THE COMPANY IS NOT A CONSUMER REPORTING AGENCY, AND NO INFORMATION IN ANY DIRECTORY IS A "CONSUMER REPORT" AS DEFINED IN THE FAIR CREDIT REPORTING ACT, 15 U.S.C. SECTION 1681 ET SEQ. You may use Directory information solely to identify and contact a Provider for services for your own animals. You shall not use any Directory information (a) as a factor in determining any person's eligibility for credit, insurance, employment, housing, licensing, or any other purpose covered by the Fair Credit Reporting Act or similar law; (b) to locate, track, harass, stalk, threaten, intimidate, or harm any person; (c) to compile lists, databases, or lead lists, or to send bulk, automated, or unsolicited commercial messages; or (d) in violation of any law. You agree to indemnify the Company for any use of Directory information in violation of this Section.

12.5 Protected persons. If you are a judge, prosecutor, law enforcement officer, election official, health care worker, or other person protected by a law restricting the disclosure of home addresses or telephone numbers (including New Jersey's Daniel's Law, N.J.S.A. 56:8-166.1, and the Daniel Anderl Judicial Security and Privacy Act), or the authorized representative of such a person, you may request removal of covered information by email under Article 35 or through the removal link on any Listing. The Company will remove the covered information within 10 business days of receiving a request that identifies the information, or any shorter period required by applicable law, and will not republish it. The Company will act within that period even if proof of an agent's authority is still pending, and may request that proof afterward.

12.6 Claiming a Listing. A Provider may claim a Listing after verifying control of the business, such as through an email at the business domain, a document, or another method the Company accepts. By claiming, submitting, or editing a Listing, you represent and warrant that you are the Provider or are authorized to act for it; that all information you provide is true, current, and not misleading, including licenses, certifications, years of experience, and affiliations; and that you hold all licenses, permits, registrations, and insurance required to provide your services. You grant the Company a worldwide, royalty free license to use, display, format, and publish your name, business name, logo, photographs, likeness, and Listing information in the Directories and in promoting the Directories, for as long as your Listing is active plus a reasonable period to remove cached and archived copies, and you waive any right of publicity or privacy claim arising from that use. The Company may reject, edit for format and accuracy, or remove any claimed Listing.

12.7 Corrections and removal. Any person may request correction of an inaccurate Listing, and any listed Provider may request removal of its Listing, at no cost, through the removal link on the Listing or by email under Article 35. The Company will act on removal requests within 10 business days. The Company retains a minimal suppression record (such as name, business name, and state) solely to prevent the Listing from being added again. If you believe any Listing contains a false or defamatory statement, you agree to first notify the Company and identify the statement and the correction requested, and to give the Company a reasonable opportunity, not less than 10 business days, to correct or remove it before commencing any proceeding.

12.8 Provider obligations. Providers shall comply with all laws applicable to their services, including veterinary practice acts, the veterinarian client patient relationship requirements of each state for any virtual consultation, animal welfare and wildlife laws, consumer protection laws, and privacy laws governing any information they receive from Users. Providers are solely responsible for their services and for the information they receive through the Services.

12.9 Communications to Providers. By claiming or submitting a Listing, a Provider agrees to receive transactional and operational emails about the Listing, including leads, inquiries, and Directory updates. Promotional emails from the Company are optional and governed by Article 18.

12.10 No sale of Directory data. The Company does not sell, rent, license, or otherwise make Directory data available in bulk to third parties, and Directory data is not offered for sale. Any person who obtains Directory data in bulk does so in violation of these Terms.

12.11 Other properties. This Article applies to every Directory operated by the Company, on any domain.

Article 13. Ratings, Reviews, and Testimonials

13.1 Who may review. Reviews and ratings of Trainers may be submitted only by Users who completed a session or purchase with that Trainer through the Services. Reviews of other Providers, products, or rehoming experiences may be limited to Users with a verified interaction. Each review must reflect the reviewer's own honest, firsthand experience.

13.2 Prohibited reviews. You shall not submit, and Providers shall not solicit or procure, any review that (a) is fake, false, or written by or for a person who did not have the experience described, including any review generated by artificial intelligence and presented as a human experience; (b) is written by a Provider, its owners, employees, agents, or relatives about itself, or about a competitor; (c) is conditioned on, or offered in exchange for, any compensation, discount, or benefit tied to the review's sentiment; (d) contains personal information of another person, hate speech, harassment, threats, or obscenity; or (e) is unrelated to the experience reviewed. The Company complies with the Federal Trade Commission's Trade Regulation Rule on the Use of Consumer Reviews and Testimonials, 16 C.F.R. Part 465.

13.3 Moderation standards. The Company does not remove, suppress, or alter reviews because they are negative. The Company may decline to publish, or may remove, a review only for the reasons stated in Section 13.2, for violation of Article 14 or Article 22, upon a valid legal order, or where the Company reasonably believes the review is fraudulent. Displayed review counts and averages reflect all published reviews. Providers may post one public response to a review, which must comply with these Terms. A truthful review describing a Provider's use of aversive, dominance based, or harmful methods does not violate Section 14.3 and will not be removed on that basis.

13.4 Honest review rights. Nothing in these Terms restricts your right to communicate a truthful review, assessment, or analysis of the Company's or any Provider's goods, services, or conduct, as protected by the Consumer Review Fairness Act, 15 U.S.C. Section 45b. The license in Article 14 does not transfer to the Company any copyright in a review that would allow the Company to restrict its publication elsewhere.

13.5 Testimonials used by the Company. The Company publishes testimonials only from real customers, accurately reflecting their statements, with any material connection disclosed. Where a customer receives a free product, credit, or other benefit in connection with providing feedback, the benefit is not conditioned on positive sentiment and is disclosed. Testimonials and ratings on third party review sites (such as Trustpilot) are governed by those sites' terms. The Company may invite customers to review it on third party sites and does not choose whom to invite based on expected sentiment.

13.6 Reviews as User Content. Reviews are User Content. The reviewer, not the Company, is responsible for a review, and the Company is not liable for the content of any review.

Article 14. Community and User Content

14.1 Ownership and license. You retain ownership of your User Content. You grant the Company and its service providers a worldwide, nonexclusive, royalty free, fully paid, sublicensable (to service providers and as needed to operate the Services), transferable (with the Services) license to host, store, cache, reproduce, adapt for formatting, translation, captioning, transcription, and accessibility, publicly display, publicly perform, distribute, and otherwise use your User Content to operate, provide, improve, and promote the Services. This license continues while your User Content remains on the Services and thereafter for backup, archival, moderation record, legal compliance, and dispute purposes, and, for content incorporated into a recorded lesson or replay delivered to other Members, for the life of that lesson. Use of your User Content in paid advertising requires your separate consent. To the extent permitted by law, you waive moral rights in your User Content as needed for the uses licensed here.

14.2 Your representations. You represent and warrant that (a) you own or have all rights necessary to post your User Content and grant the license above; (b) your User Content does not infringe or misappropriate any copyright, trademark, right of publicity or privacy, or other right, including rights in photographs found online; (c) every identifiable person in your User Content consented to its posting, and for any minor, a parent or guardian consented; (d) your User Content is accurate and not defamatory, deceptive, or unlawful; and (e) your User Content contains no malware, tracking code, or personal information of others that you lack authority to share.

14.3 Community standards. In addition to Article 22, you shall not post or transmit User Content that: promotes or depicts animal cruelty, neglect, illegal wildlife trade, or dominance based or aversive training methods; harasses, bullies, threatens, or discriminates; discloses another person's private information; is sexually explicit; impersonates any person; provides veterinary diagnoses, medication or dosage instructions, or other professional advice; offers any animal for sale, trade, or rehoming other than in an Adoption Center listing that complies with Article 15; solicits Users for outside business, multilevel marketing, or cryptocurrency; or is spam. Content exploiting minors will be removed and reported to the National Center for Missing and Exploited Children and law enforcement.

14.4 Moderation; no duty to monitor. The Company has the right, but not the obligation, to monitor, review, screen, refuse, edit for format, label, demote, hide, remove, or preserve any User Content, and to warn, restrict, suspend, or terminate any User, at any time and for any reason consistent with these Terms, including through automated tools. User Content is not reviewed before posting. The Company's failure to remove any content does not constitute approval of it. Where required by law, including the European Union Digital Services Act, the Company will provide a statement of reasons for moderation decisions and an internal appeal process.

14.5 Intermediary protections. User Content is the sole responsibility of the person who submitted it and does not reflect the views of the Company. The Company acts as a provider of an interactive computer service with respect to User Content and retains all protections and immunities available under 47 U.S.C. Section 230, the European Union Digital Services Act, and similar laws. Nothing in these Terms makes the Company the publisher, speaker, or author of any User Content.

14.6 Reporting. You may report User Content through the in product report tools or by email under Article 35. Reports must be made in good faith. Knowingly false reports may result in suspension.

14.7 Backups. You are responsible for keeping copies of your User Content. The Company is not obligated to store or return any User Content and may delete User Content after termination of your Account, subject to Section 14.1.

Article 15. Adoption Center

15.1 Listing and communication service only. The Adoption Center is a noticeboard that allows caregivers, rescues, and other listers to share information about birds needing new homes and allows prospective adopters to communicate with them. The Company does not own, possess, breed, sell, inspect, evaluate, transport, ship, board, or guarantee any animal; is not a party to any adoption, rehoming, sale, or transfer agreement; does not collect or hold any adoption or rehoming fee unless expressly stated for a specific feature; and does not screen listers or adopters except as expressly described on the Services. Any adoption or transfer is solely between the parties involved.

15.2 Lister obligations. Each lister represents and warrants that (a) it lawfully owns or has authority to rehome the bird; (b) the bird was lawfully acquired and may lawfully be possessed and transferred in the relevant jurisdictions; (c) all information about the bird, including species, age, health, behavior, history, and bite history, is accurate and complete to the best of its knowledge; and (d) the lister will comply with all applicable laws, including the Endangered Species Act, the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), the Wild Bird Conservation Act, the Lacey Act, the Migratory Bird Treaty Act, the Animal Welfare Act where applicable, and state and local laws restricting or requiring permits for particular species, interstate movement, sale, or breeding.

15.3 Prohibited listings. The following may not be listed: native or migratory wild birds; birds of prey or other species requiring a federal or state permit unless the lister holds the permit and the transfer complies with it; wild caught birds; species prohibited in the lister's or adopter's jurisdiction; birds offered as breeding stock or for resale; birds offered by a commercial breeder or dealer, except in a listing category the Company expressly designates for breeders; sick or injured birds without full disclosure; and any listing that is fraudulent or seeks a deposit, shipping fee, or payment before the adopter has met the bird or verified the lister. The Company may remove any listing, and may label example or demonstration entries as examples.

15.4 Health disclosure. Psittacine birds can carry Chlamydia psittaci, the bacterium that causes psittacosis (avian chlamydiosis), which can be transmitted to humans and other birds, sometimes from birds that appear healthy and particularly under stress such as relocation. Signs in birds can include nasal discharge, lethargy, ruffled feathers, and diarrhea; symptoms in people can include fever, chills, headache, cough, and muscle aches. Adopters should arrange an examination by an avian veterinarian, quarantine a new bird from other birds, and practice good hygiene. Listers shall provide any written psittacosis information required by the law of their state.

15.5 Safety and scams. Pet adoption fraud is common. Never send money by wire, gift card, cryptocurrency, or payment app to a person you have not met, and never pay for shipping of a bird you have not seen. Meet in a safe public place where practicable. Report suspicious listings or messages through the Services. The Company is not responsible for any loss resulting from contact or transactions between Users.

15.6 Adoption decisions. Graduate badges, course completion indicators, and similar signals reflect only completion of Company content and are not a certification that any person is a suitable home for any animal. Listers make their own decisions about any adopter.

15.7 Assumption of risk. Adopting, transporting, handling, and introducing a bird involve risk of injury, illness, zoonotic disease, property damage, and the death or injury of animals. You assume all such risks, and Article 24 applies.

Article 16. Live Sessions, Video Calls, and Recordings

16.1 Group sessions are recorded. Live group calls, Q&A sessions, workshops, and livestreams hosted by the Company ("Group Sessions") may be recorded, transcribed, captioned, and made available to Members as replays and as part of the course library. Each Group Session page and the in session interface will display a notice that the session is being recorded before you join and while recording is active. BY JOINING A GROUP SESSION AFTER RECEIVING THAT NOTICE, YOU CONSENT TO THE RECORDING, TRANSCRIPTION, AND USE OF YOUR NAME OR DISPLAY NAME, VOICE, IMAGE, LIKENESS, QUESTIONS, CHAT MESSAGES, AND ANY CONTENT YOU SHARE, AS DESCRIBED IN THIS ARTICLE AND ARTICLE 14, FOR THE LIFE OF THE RECORDING. If you do not consent, do not join, or keep your camera and microphone off and submit questions in writing without identifying information. You may request review of a recording in which you appear under Article 35; the Company will consider the request but is not required to remove content that would degrade a lesson already delivered. The Company does not use speaker recognition and does not create voiceprints, face geometry, or other biometric identifiers from recordings.

16.2 One on one sessions. The Company does not record one on one sessions held in its built in video room. A Trainer and client may record a one on one session only if every participant affirmatively consents in writing through the Services before recording begins. The participant who records is solely responsible for complying with all recording, wiretapping, and eavesdropping laws, including the laws of states that require the consent of all parties.

16.3 No unauthorized recording. No User may record, screen capture, rebroadcast, or stream any Group Session or one on one session except as permitted in this Article.

16.4 Third party video platforms. Sessions may run on the Company's video providers (currently Daily) or on a Zoom, Google Meet, or other link supplied by a Trainer. Those providers process audio, video, and related data under their own terms, and the Company is not responsible for their availability, security, or practices.

16.5 Conduct. Session participants shall comply with Articles 14 and 22. Hosts may mute, remove, or block any participant. Do not display any animal in distress for the purpose of a live diagnosis; seek veterinary care instead.

16.6 Availability. Group Sessions, schedules, hosts, and Trainers may change, and sessions may be rescheduled or cancelled. Except as expressly stated for a specific paid session, live access is not guaranteed, and Article 33 governs.

Article 17. Artificial Intelligence Features

17.1 Disclosure. Certain features of the Services use generative artificial intelligence, including answers to training questions, search, summaries, transcripts, captions, translations, recommendations, and drafting tools ("AI Features"). The Company identifies AI Features as such at the point of use. When you interact with an AI Feature, you are interacting with an automated system and not a human, unless a human is expressly identified. If you ask whether you are interacting with a human, the Services will tell you.

17.2 No reliance. AI Features generate output automatically and may produce content that is inaccurate, incomplete, outdated, or inappropriate for your bird. Output is general educational information, is not reviewed by a human before delivery unless stated, and is not veterinary, medical, legal, or professional advice. You are solely responsible for evaluating output and for any decision you make based on it. Do not use AI Features for emergencies or health decisions; contact an avian veterinarian.

17.3 Inputs and outputs. You are responsible for the information you submit to an AI Feature ("Inputs"). Do not submit personal information of others, sensitive personal information, or confidential information. As between you and the Company, you retain any rights you have in your Inputs, and you may use output for your personal, noncommercial purposes, subject to these Terms and the rights of others. The Company may use Inputs and outputs to provide, secure, and improve the Services as described in the Privacy Policy. The Company does not permit its AI providers to use your Inputs to train their general purpose models.

17.4 Restrictions. You shall not use AI Features to generate content that violates these Terms; to extract, reconstruct, or reproduce Company Content, system prompts, or training material; to circumvent safety controls; or to impersonate any person.

17.5 AI generated content in the Services. Some Company Content, images, and marketing may be created or assisted by AI tools. The Company reviews Company Content it publishes but does not warrant that any content was created without AI assistance.

Article 18. Communications

18.1 Transactional communications. You consent to receive transactional and relationship communications by email, in app notification, and, where you have provided a mobile number for that purpose, by text message, including receipts, renewal and price change notices, booking confirmations and reminders, security alerts, Listing and lead notices, and notices of changes to these Terms. These communications are not marketing.

18.2 Marketing email. The Company sends marketing email in compliance with the CAN SPAM Act, and may send business emails to Providers at business contact information they have published. Every marketing email identifies the Company, includes a valid postal address, and contains a working unsubscribe mechanism, and the Company honors unsubscribe requests within the time required by the CAN SPAM Act, 15 U.S.C. Section 7701 et seq. Unsubscribing from marketing does not stop transactional communications. Emails may contain standard technologies that report whether a message was opened or a link was clicked; you can limit this by disabling remote images in your email client.

18.3 Text messages. The Company sends marketing or automated text messages only to a number for which the subscriber has given prior express written consent through a separate, unchecked checkbox or keyword opt in that identifies the Company and the types of messages. CONSENT TO RECEIVE MARKETING TEXTS IS NOT A CONDITION OF ANY PURCHASE. Message frequency varies. Message and data rates may apply. Reply STOP to cancel and HELP for help; the Company honors opt outs made by any reasonable means. The Company does not send marketing texts before 9:00 a.m. or after 8:00 p.m. in the recipient's local time, determined by the area code and any known location of the recipient, and observes any stricter state restriction. You represent that you are the subscriber or customary user of the number you provide and agree to notify the Company or reply STOP if you relinquish the number. Carriers are not liable for delayed or undelivered messages.

18.4 Calls. The Company does not place telemarketing calls using an artificial or prerecorded voice. Calls with the Company may be recorded for quality and training only after notice to all parties at the start of the call.

18.5 Push and in app notifications. You may manage community and activity notification preferences in your Account. Community notifications are separate from marketing preferences.

18.6 Consent records. The Company maintains records of consents and opt outs, including the date, time, source, and language presented, and you agree these records are admissible evidence of your consent.

18.7 Communications you send. If you use the Services to send messages, invitations, or referrals to others, you represent that you have any consent required by law, and you are solely responsible for those communications.

Article 19. Privacy, Video Viewing Information, Cookies, and Children

19.1 Privacy Policy. The Company's collection, use, disclosure, and retention of personal information is described in the Privacy Policy, which controls on those subjects. The Company does not sell personal information for money. Some advertising technologies on public pages may be considered a sale or sharing of personal information under certain state laws, and you may opt out as described in Section 19.4.

19.2 Video viewing information. The Company records which lessons, videos, and recordings you access in order to provide the Services, save your progress, and personalize recommendations. The Company does not disclose information that identifies you as having requested or obtained specific video materials or services to any advertising network, social media platform, data broker, or other third party for advertising, marketing, or analytics purposes. Third party advertising and analytics pixels, software development kits, and conversion tags are not deployed on course, lesson, replay, video library, member area, community, or purchase confirmation pages, or on any page whose main content is a video, and no video play, progress, or completion event is sent to any advertising or analytics platform from any page. Events the Company sends to advertising platforms, including server to server events, may report that a public page was viewed or that a signup or purchase occurred and its value, but never include the title, product name, or identifier of any course, lesson, or video, and never report that any person watched any video. Browser events come only from public pages that do not play a lesson, and checkout and purchase events use a general checkout address that does not name the product. The Company does not upload customer lists segmented by the course or video purchased or viewed to any advertising platform. Lesson videos are streamed from the Company's own hosting, except that some lessons play through YouTube's privacy enhanced mode, which sets no cookies before you press play and is not sent the address of the page you are on. The Company does not use any video player that uses viewing information for its own advertising on course, lesson, replay, or member pages. Disclosures of video viewing information are limited to those permitted by 18 U.S.C. Section 2710(b)(2), such as disclosures to the Company's hosting and payment providers that are needed to fulfill your order and stream the lesson you request.

19.3 Separate consent. If the Company ever seeks to disclose personally identifiable video viewing information for any other purpose, it will first obtain your informed, written consent in a form distinct and separate from any form setting forth other legal or financial obligations, given at the time of disclosure or in advance for no longer than two years, with a clear and conspicuous opportunity to withdraw consent at any time, as required by 18 U.S.C. Section 2710(b)(2)(B).

19.4 Cookies and similar technologies. Strictly necessary technologies operate without consent. Third party analytics, advertising, and attribution technologies, including the Meta Pixel, the Meta Conversions API for browsing events, Google Analytics, and Google Ads tags, do not load or send any data until you choose Accept in the Company's cookie banner. The banner offers Accept and Reject options of equal prominence, does not block your use of the Services, and can be reopened at any time through the Cookie Settings link in the footer. The Company honors Global Privacy Control signals as a choice to Reject and as a valid request to opt out of the sale or sharing of personal information and of targeted advertising. The Company keeps a record of each choice (the choice, the date and time, the banner version, and a pseudonymous browser identifier). The Company's own measurement of visits, referrals, and purchases runs on the Company's own systems and hosting, is not shared with any third party for that third party's own purposes, sets no advertising cookies, and operates without consent, except that for visitors in the European Economic Area, the United Kingdom, and Switzerland it starts only after you choose Accept. If you complete a purchase from the United States after the notice shown at checkout and have not chosen Reject or sent a Global Privacy Control signal, the Company may report that purchase and its value to its advertising platforms by a server to server event that contains a hashed email address and no course, lesson, or video name. Outside the United States, such events are sent only after you choose Accept. The Company does not use session replay software. The sales chat assistant on some pages is operated by the Company and sends what you type to an artificial intelligence provider acting on the Company's behalf only after you open it and send a message, and Article 17 applies to it.

19.5 Accuracy of disclosures. The Company maintains an inventory of the third party technologies operating on the Services and reviews it periodically so that the Privacy Policy accurately describes them. If you believe any technology operates contrary to this Article, please notify the Company at the privacy address in Article 35 so the Company can investigate and correct it.

19.6 Children. The Services are not directed to children under 13. The Company does not knowingly collect personal information from children under 13 and will delete any such information upon learning of it. Parents and guardians may contact the Company under Article 35.

19.7 Security. The Company uses reasonable administrative, technical, and physical safeguards appropriate to the nature of the information it processes, but no system is impenetrable, and the Company does not guarantee that information will never be accessed, disclosed, altered, or destroyed by breach of those safeguards. The Company will provide notice of any security breach as required by applicable law.

19.8 International users. The Services are operated from the United States. If you access the Services from outside the United States, you consent to the transfer and processing of your information in the United States as described in the Privacy Policy.

Article 20. Accessibility

20.1 Commitment. The Company is committed to making the Services accessible to people with disabilities, including people who are deaf, hard of hearing, blind, or have low vision, limited mobility, or cognitive disabilities. The Company uses the Web Content Accessibility Guidelines (WCAG) 2.2 Level AA as its target standard, is adding closed captions to every Company video lesson and provides a captioned version or transcript of any lesson on request, provides text alternatives for meaningful images, and designs the Services for compatibility with keyboards and commonly used assistive technologies. The Company does not rely on accessibility overlay widgets as a substitute for accessible design. The Accessibility Statement describes the current state of the Services, known limitations, and the Company's remediation plan.

20.2 Requesting assistance. If you encounter a barrier, contact the Company by email at the accessibility address in Article 35 or by any other method listed in the Accessibility Statement, identifying the page or feature and the barrier. The Company will respond within 3 business days and will provide the information, content, or transaction through an effective alternative means, such as an accessible document, a transcript or captioned version of a lesson within 5 business days, or assistance by email, text message, or a scheduled phone or video call, while it works to remediate the barrier.

20.3 Third party content. Some content and tools on the Services are provided by third parties, including embedded video players, payment pages, Trainer materials, and User Content. The Company encourages its vendors and Trainers to provide accessible content and will work with you to provide an accessible alternative where a third party feature is not accessible.

20.4 Ongoing review. The Company reviews the Services for accessibility on a periodic basis and after significant changes, and remediates identified barriers in order of severity.

20.5 Rights preserved. Nothing in this Article waives, limits, or conditions any right you have under the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, state or local human rights laws, or any other law.

Article 21. Copyright and Other Intellectual Property Complaints

21.1 Policy. The Company respects intellectual property rights and expects Users to do the same. The Company's policy is to use only media it created, licensed, or that is in the public domain or under an open license, and to remove media promptly upon a credible claim. The Company responds to valid notices of claimed infringement under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 ("DMCA").

21.2 Designated agent. The Company's agent to receive notices of claimed infringement is: Copyright Agent, Beak School, 322 Dogwood Village Rd, Salina, OK 74365, United States; email: BeakSchool@beautyofbirds.com, with the subject line "Copyright Notice". Use this subject line for notices of claimed infringement, counter notices, and the demands and notices described in Sections 21.9 and 21.10.

21.3 Notice requirements. To be effective, a notice must be a written communication that includes substantially the following: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, and the Company requests that you also provide the United States copyright registration number and effective date of registration, if any; (c) identification of the material claimed to be infringing, with information reasonably sufficient to permit the Company to locate it, such as the exact URL; (d) your name, mailing address, telephone number, and email address; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner. If you are an agent, licensing service, or enforcement company, please also include documentation of your authority to act for the owner with respect to the specific work identified.

21.4 Response. Upon receipt of a notice that substantially complies with Section 21.3, the Company will expeditiously remove or disable access to the identified material and, where the material was posted by a User, notify that User. The Company's removal of material in response to a notice is not an admission of infringement or liability.

21.5 Counter notice. A User whose material was removed may send a counter notice to the designated agent that includes: the User's physical or electronic signature; identification of the material and its location before removal; a statement under penalty of perjury that the User has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; the User's name, address, and telephone number; and a statement that the User consents to the jurisdiction of the federal district court for the judicial district in which the User's address is located (or, if outside the United States, any judicial district in which the Company may be found) and will accept service of process from the complainant. The Company will restore the material not less than 10 nor more than 14 business days after receipt of the counter notice unless the complainant notifies the Company that it has filed an action seeking a court order.

21.6 Repeat infringers. The Company will, in appropriate circumstances, terminate the Accounts of Users who are repeat infringers.

21.7 Misrepresentation. Under 17 U.S.C. Section 512(f), any person who knowingly materially misrepresents that material is infringing, or that it was removed by mistake, may be liable for damages, including costs and attorneys' fees. The Company may decline to act on notices it reasonably believes are fraudulent, automated without human review of fair use, or submitted for an improper purpose.

21.8 No links, credits, or payment conditioned on claims. The Company does not provide backlinks, credits linking to third party websites, endorsements, or reviews in exchange for the withdrawal or resolution of any intellectual property claim. Any request for a link or other consideration in lieu of removal will be treated as a commercial solicitation and not as a notice under this Article.

21.9 Settlement communications. All demands for payment relating to alleged infringement must be sent in writing to the designated agent and include the information in Section 21.3, together with proof of ownership and of any registration on which statutory damages or attorneys' fees are claimed. No communication by the Company in response to a demand is an admission of liability.

21.10 Other intellectual property. Notices of trademark infringement, right of publicity violations, or other intellectual property claims may be sent to the same address with a description of the right claimed, its owner, the location of the material, and a statement of good faith belief.

Article 22. Prohibited Conduct, Automated Access, and Security

22.1 Prohibited conduct. You shall not, and shall not attempt, assist, or permit any other person to:

1. access or use the Services by any automated means, including bots, spiders, crawlers, scrapers, headless browsers, data mining or extraction tools, or scripts, except general purpose search engines that comply with the Company's robots.txt directives and do not access content behind a login, and except screen readers and other assistive technologies, and accessibility evaluation tools used on public pages at ordinary request rates;
2. copy, harvest, extract, index, aggregate, or compile any Listings, Directory data, reviews, User profiles, Adoption Center entries, pricing, or other data from the Services, or use any such data to build or supplement any database, directory, lead list, mailing list, or competing product or service;
3. use any content or data from the Services to develop, train, fine tune, evaluate, or ground any artificial intelligence or machine learning model, or to create any dataset, or permit any third party to do so;
4. contact Users, Providers, or Trainers obtained through the Services for any purpose other than the purpose for which the Services made the contact available, or send unsolicited commercial communications to them;
5. circumvent, disable, or interfere with any authentication, paywall, rate limit, access control, download restriction, digital rights management, or security feature;
6. probe, scan, or test the vulnerability of any system or network, or breach any security or authentication measure, except through the responsible disclosure process in Section 22.4;
7. interfere with, overload, or disrupt the Services, including through denial of service attacks, flooding, or excessive requests;
8. introduce viruses, malware, or any harmful code, or embed tracking pixels, scripts, or beacons in User Content;
9. create Accounts by automated means or under false pretenses, create multiple Accounts to evade a suspension, or buy, sell, or transfer Accounts;
10. impersonate the Company, any instructor, Trainer, veterinarian, or other person, or misrepresent your affiliation;
11. submit false or fabricated information, identities, payment details, or transactions to the Company, or fabricate, alter, or misrepresent evidence of any interaction with the Services;
12. reverse engineer, decompile, or disassemble any software in the Services, except as expressly permitted by law notwithstanding this restriction;
13. use the Services in violation of any applicable law, including export control and sanctions laws; or
14. assist or encourage any of the foregoing.

22.2 Unauthorized access. Any access to or use of the Services in violation of Section 22.1, and any access after the Company has revoked your authorization by suspension, block, notice, or termination, is unauthorized and without permission. The Company may implement technical measures to prevent unauthorized access, and you shall not circumvent them.

22.3 Remedies. A violation of Section 22.1 causes the Company irreparable harm for which monetary damages are inadequate, and the Company is entitled to injunctive relief without posting bond, in addition to all other remedies. Any person who accesses the Services for a commercial purpose in violation of items 1 through 4 of Section 22.1 shall pay the Company's reasonable costs of investigation, mitigation, and enforcement, including attorneys' fees, in addition to any damages. This sentence does not apply to a consumer using the Services for personal, family, or household purposes, and in any action under it the prevailing party recovers its reasonable attorneys' fees.

22.4 Responsible disclosure. If you discover a security vulnerability, report it to the email address in Article 35 with enough detail to reproduce it, do not access, modify, or retain data belonging to others, do not degrade the Services, and allow the Company a reasonable time to remediate before any disclosure. The Company will not pursue legal action against good faith research conducted in accordance with this Section.

Article 23. Third Party Services and Links

23.1 Third party services. The Services rely on and link to services operated by third parties, including payment processors, hosting and database providers, email and messaging providers, video platforms, AI providers, embedded video players, mapping tools, social media platforms, review sites, Trainer websites, and Provider websites ("Third Party Services"). Your use of a Third Party Service is governed by its own terms and privacy policy. The Company does not control and is not responsible for any Third Party Service, including its content, accuracy, availability, security, accessibility, data practices, or products, and the inclusion of a link is not an endorsement.

23.2 Service interruptions. The Company is not responsible for any interruption, error, delay, or loss caused by a Third Party Service, including payment processor holds or reversals, email deliverability failures, or video platform outages.

23.3 Social sign in and integrations. If you connect a third party account (such as Google sign in or a calendar or video integration), you authorize the Company to access and use information from that account as permitted by that provider and described in the Privacy Policy, and you may disconnect it at any time.

23.4 App stores. If you access the Services through a mobile application obtained from an app store, the app store provider is not a party to these Terms and has no obligation to provide support, and you shall also comply with the app store's applicable terms.

Article 24. Education Only, Animal Safety, Assumption of Risk, and Release

24.1 Educational purpose. All Company Content, Group Sessions, AI Features, community discussion, Trainer content, Directory information, and other materials on the Services are provided for general educational and informational purposes only. NOTHING ON THE SERVICES IS VETERINARY, MEDICAL, NUTRITIONAL, BEHAVIORAL HEALTH, LEGAL, OR OTHER PROFESSIONAL ADVICE, AND NO USE OF THE SERVICES CREATES A VETERINARIAN CLIENT PATIENT RELATIONSHIP OR ANY OTHER PROFESSIONAL RELATIONSHIP WITH THE COMPANY. The Company is not a veterinary practice. Always seek the advice of a licensed avian veterinarian regarding your bird's health, diet, medication, or any sudden change in behavior, and never disregard or delay veterinary advice because of anything on the Services. IF YOUR BIRD IS INJURED, BLEEDING, HAVING DIFFICULTY BREATHING, NOT EATING, OR OTHERWISE IN DISTRESS, CONTACT A VETERINARIAN OR EMERGENCY ANIMAL HOSPITAL IMMEDIATELY.

24.2 No guarantee of results. Animal behavior is influenced by species, history, health, environment, and many other factors outside the Company's control. The Company makes no representation or guarantee that any technique, course, session, or product will produce any particular result or within any particular time.

24.3 Assumption of risk. You acknowledge that birds, including parrots, can bite, scratch, and cause serious injury, including injury to eyes, face, and hands, and can transmit zoonotic disease; that handling, training, transporting, housing, and introducing birds carries risk of injury, illness, escape, property damage, and death or injury of animals; and that you are solely responsible for deciding whether, when, and how to apply any information from the Services, for supervising children and others around birds, and for the safety of yourself, your household, your guests, and your animals. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL SUCH RISKS, WHETHER KNOWN OR UNKNOWN.

24.4 Release. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE, WAIVE, AND DISCHARGE THE COMPANY PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, AND LIABILITIES FOR PERSONAL INJURY, ILLNESS, DEATH, INJURY TO OR DEATH OF ANY ANIMAL, OR PROPERTY DAMAGE ARISING OUT OF OR RELATED TO YOUR APPLICATION OF INFORMATION OBTAINED THROUGH THE SERVICES, YOUR INTERACTIONS WITH TRAINERS, PROVIDERS, LISTERS, OR ADOPTERS, OR YOUR CARE AND HANDLING OF ANY ANIMAL. THIS RELEASE DOES NOT APPLY TO CLAIMS ARISING FROM THE COMPANY'S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, OR VIOLATION OF LAW, OR TO ANY CLAIM THAT CANNOT BE RELEASED UNDER APPLICABLE LAW.

24.5 Laws governing animals. You are solely responsible for complying with all laws applicable to your ownership, care, breeding, sale, transfer, transport, and housing of animals, including species restrictions, permits, licensing, zoning, noise, and animal welfare laws.

Article 25. Disclaimer of Warranties

25.1 EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICES, COMPANY CONTENT, USER CONTENT, LISTINGS, AI FEATURES, DIGITAL PRODUCTS, AND ALL OTHER INFORMATION, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH THE SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY PARTIES DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND SYSTEM INTEGRATION.

25.2 WITHOUT LIMITING SECTION 25.1, THE COMPANY PARTIES DO NOT WARRANT THAT (A) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (B) DEFECTS WILL BE CORRECTED; (C) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) ANY CONTENT, LISTING, REVIEW, CREDENTIAL, AI OUTPUT, OR INFORMATION IS ACCURATE, COMPLETE, CURRENT, OR RELIABLE; (E) ANY TRAINER, PROVIDER, LISTER, ADOPTER, OR OTHER USER IS QUALIFIED, LICENSED, INSURED, TRUSTWORTHY, OR WILL PERFORM AS PROMISED; OR (F) THE SERVICES WILL MEET YOUR REQUIREMENTS OR PRODUCE ANY RESULT.

25.3 Some jurisdictions do not allow the exclusion of certain implied warranties, so some of these exclusions may not apply to you. In that case, any implied warranty is limited to the shortest duration and narrowest scope permitted by law.

Article 26. Limitation of Liability

26.1 Company Parties. "Company Parties" means the Company, its parents, subsidiaries, and affiliates, and each of their respective members, managers, owners, officers, directors, employees, contractors, agents, successors, and assigns, and its licensors and service providers solely when acting on the Company's behalf.

26.2 Exclusion of damages. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ANY COMPANY PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR USE, OR COST OF SUBSTITUTE SERVICES, OR FOR ANY DAMAGES ARISING FROM THE CONDUCT OF ANY USER OR THIRD PARTY OR FROM ANY ANIMAL, ARISING OUT OF OR RELATING TO THE SERVICES OR THE AGREEMENT, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER THEORY, EVEN IF A COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

26.3 Cap. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THE AGREEMENT SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO THE COMPANY FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, AND (B) ONE HUNDRED UNITED STATES DOLLARS (US $100). Amounts paid to Trainers for their services are not amounts paid to the Company for purposes of this cap.

26.4 Basis of the bargain. The limitations in Articles 24 through 26 reflect an informed, voluntary allocation of risk, are an essential element of the bargain between the parties, and apply even if any limited remedy fails of its essential purpose.

26.5 Exceptions. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including, where so provided, liability for death or personal injury caused by negligence, for gross negligence, willful misconduct, or fraud, or under any statute that prohibits such limitation. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so some of the above limitations may not apply to you. Nothing in Articles 24 through 26 limits statutory damages, civil penalties, or attorneys' fees that a statute provides and does not allow to be waived.

Article 27. Indemnification

27.1 Your indemnity. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the Company Parties from and against all claims, demands, actions, investigations, proceedings, losses, liabilities, damages, judgments, settlements, fines, penalties, costs, and expenses, including reasonable attorneys' and experts' fees, arising out of or relating to: (a) your User Content, Listing information, reviews, or communications; (b) your breach of the Agreement or of any representation or warranty in it; (c) your violation of any law or regulation or of any right of a third party, including intellectual property, privacy, and publicity rights; (d) services, products, advice, or content you provide to other Users, if you are a Trainer, Provider, seller, or Affiliate; (e) any animal you list, rehome, adopt, train, or handle; (f) your marketing or promotion of the Services; and (g) your misuse of Directory information or any data obtained from the Services.

27.2 Consumer limitation. If you use the Services solely as a consumer for personal, family, or household purposes, your obligations under Section 27.1 apply only to the extent a claim arises from your breach of the Agreement, your violation of law, your willful misconduct or negligence, or your User Content. Section 27.1 applies only to claims brought by third parties and does not entitle any Company Party to attorneys' fees or costs in a Dispute between you and the Company, which Section 28.10 governs.

27.3 Procedure. The Company will give you notice of any claim subject to indemnification, but delay in notice relieves you of your obligations only to the extent you are materially prejudiced. The Company may assume the exclusive defense and control of any matter subject to indemnification. If you are a consumer, or if you have offered to defend the matter with reasonable counsel, the Company does so at its own expense. You shall cooperate reasonably. You shall not settle any claim that imposes any obligation or admission on a Company Party without the Company's prior written consent.

Article 28. Dispute Resolution: Informal Resolution and Binding Individual Arbitration

PLEASE READ THIS ARTICLE CAREFULLY. IT REQUIRES YOU AND THE COMPANY TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION RATHER THAN IN COURT, WAIVES CLASS ACTIONS AND JURY TRIALS, AND, FOR TRAINERS, AFFILIATES, AND PROVIDERS, LIMITS THE TIME TO BRING A CLAIM.

28.0 Who this Article applies to. This Article applies only to users of the Services: people who created an account or made a purchase and accepted these Terms. This section creates no agreement to arbitrate with any person who has not created an account or made a purchase and accepted these Terms.

28.1 Covered disputes. "Dispute" means any dispute, claim, or controversy between you and any Company Party, whether arising before or after your acceptance of these Terms (except any claim that is the subject of a lawsuit, including a putative class action in which you are a putative class member, filed before you first accepted this version of these Terms), and whether based in contract, tort, statute (including consumer protection, privacy, wiretapping, video privacy, accessibility, telemarketing, automatic renewal, and data protection statutes), fraud, misrepresentation, or any other legal theory, that arises out of or relates in any way to the Services, the Agreement, any purchase, any communication from the Company, or the collection or use of your information.

28.2 Mandatory informal dispute resolution. Before commencing any arbitration or court proceeding (other than in small claims court), the party asserting a Dispute must send the other a written Notice of Dispute. A Notice of Dispute to the Company must be sent in writing by email to beakschool@beautyofbirds.com with the subject line "Notice of Dispute" or by mail to the address in Article 35. The Notice of Dispute must include: (a) the claimant's full name, mailing address, telephone number, and the email associated with any Account; (b) a description of the nature and factual basis of the Dispute, including, to the extent known to the claimant, the dates, pages, communications, or transactions involved; (c) the specific relief sought and how any amount was calculated; and (d) the claimant's personal signature, even if the claimant is represented by counsel, confirming that the claimant authorized the Notice of Dispute and that its contents are true to the best of the claimant's knowledge. For thirty (30) days after a complete Notice of Dispute is received (the "Resolution Period"), the parties shall attempt in good faith to resolve the Dispute. During the Resolution Period, either party may request an individualized telephone or video settlement conference, which the claimant shall attend personally (counsel may also attend), to be scheduled at a mutually convenient time. A Company representative with settlement authority shall attend any such conference. If the Company does not respond in writing to a complete Notice of Dispute within thirty (30) days, or is not available for a requested conference during the Resolution Period, the claimant may proceed without waiting for the Resolution Period to end. Compliance with this Section is a mandatory condition precedent to commencing any arbitration or court proceeding. All applicable statutes of limitation and filing fee deadlines are tolled from the date a Notice of Dispute is sent through the end of the Resolution Period. If the Company believes a Notice of Dispute is incomplete, it will say what is missing in writing within fifteen (15) days of receiving it, or the Notice of Dispute is treated as complete. A court of competent jurisdiction may enforce this Section, including by enjoining the filing or prosecution of any arbitration demand, and an arbitration provider shall not accept or administer, and may dismiss, any demand filed without compliance. For a Dispute brought in court, this Section applies only to each named plaintiff.

28.3 Agreement to arbitrate. If a Dispute is not resolved within the Resolution Period, the Dispute shall be resolved exclusively by final and binding individual arbitration, except as provided in Section 28.4. This agreement to arbitrate is made under and governed by the Federal Arbitration Act, 9 U.S.C. Section 1 et seq. ("FAA"), and evidences a transaction in interstate commerce. The arbitration shall be administered by JAMS under its Streamlined Arbitration Rules and Procedures, and, for consumer claims, the JAMS Consumer Arbitration Minimum Standards, in effect when the demand is filed, as modified by this Article (the "JAMS Rules," available at jamsadr.com). The seat (legal place) of arbitration is Salt Lake City, Utah, and the arbitration is governed by the laws of the State of Utah and the FAA. If JAMS is unavailable or unwilling to administer the arbitration, the parties shall select another established arbitration provider, failing which a court shall appoint one. A single arbitrator shall preside, shall be a retired judge or an attorney with at least ten years of experience, and shall apply the substantive law that would apply in court, including statutes of limitation. The arbitrator may award any remedy that a court could award on the claimant's individual claim, including statutory damages, punitive damages, and attorneys' fees where a statute provides them, and the limitations in Articles 24 through 26 apply in arbitration only to the extent a court would enforce them. The arbitrator may award any individual relief, including damages and injunctive or declaratory relief, available to an individual under applicable law, but only in favor of the individual claimant and only to the extent necessary to provide relief warranted by that claimant's individual claim. The arbitrator shall issue a reasoned written decision. Judgment on the award may be entered in any court of competent jurisdiction. An award has no preclusive effect as to issues or claims in any Dispute with anyone other than the named parties.

28.4 Exceptions. Either party may (a) bring an individual action in small claims court for a Dispute within that court's jurisdiction, for so long as it remains in that court on an individual basis; and (b) bring an action in court for injunctive relief to stop the infringement or misappropriation of that party's copyrights, trademarks, patents, or trade secrets, or to stop unauthorized access to that party's computer systems. Any claim for money arising from the same facts shall be arbitrated under this Article, and Section 28.2 does not apply to a request for relief under this Section 28.4(b). Either party may seek temporary injunctive relief in court in aid of arbitration. If a demand for arbitration is filed for a Dispute within the jurisdiction of a small claims court in the county where the claimant resides, either party may elect, by written notice to the other party and the arbitration provider before an arbitrator is appointed, to have that Dispute decided in that small claims court on an individual basis, and the arbitration shall then be closed without fees to the claimant.

28.5 Delegation. The arbitrator shall have exclusive authority to resolve all threshold questions of arbitrability, including the formation, existence, scope, validity, interpretation, applicability, and enforceability of this Article, EXCEPT that a court of competent jurisdiction, and not an arbitrator, shall decide (a) whether the claimant complied with Section 28.2; (b) the validity and enforceability of Sections 28.6 (Class and Representative Waiver), 28.7 (Mass Filings), and 28.8 (Public Injunctive Relief); and (c) whether a claimant timely opted out under Section 28.9.

28.6 Class, collective, and representative action waiver. YOU AND THE COMPANY AGREE THAT EACH MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. The arbitrator shall not consolidate more than one person's claims, except as provided in Section 28.7, and shall not preside over any form of class, collective, or representative proceeding. If this Section 28.6 is found unenforceable as to any Dispute or claim, then this Article (other than Sections 28.2 and 28.11) shall not apply to that Dispute or claim, which shall be severed and litigated in court on an individual basis to the extent permitted by law, and all other Disputes and claims shall be arbitrated. Any claim that must be litigated on a class or representative basis shall be stayed pending completion of any individual arbitration.

28.7 Mass filings. If twenty five (25) or more demands for arbitration or Notices of Dispute raising substantially similar Disputes are submitted against or by the Company by or with the assistance of the same or coordinated counsel or organizations within any ninety (90) day period (a "Mass Filing"), the following procedures apply in addition to the JAMS Rules: (a) counsel for the claimants shall certify, for each claimant, that the claimant personally authorized the Notice of Dispute and demand and that, after reasonable inquiry, the claim has a good faith factual and legal basis specific to that claimant, and each demand shall satisfy Section 28.2 individually; (b) JAMS shall administer the demands in batches of up to one hundred (100) demands each, with counsel for the claimants and the Company each having an equal opportunity to propose the composition and order of batches. Batches shall proceed at the same time and not one after another, and every demand shall be assigned to a batch within one hundred twenty (120) days after the first batch is formed, unless claimants' counsel agrees otherwise; (c) each batch shall be assigned to a single arbitrator, with one set of filing and administrative fees per batch as provided in the JAMS Rules, and the Company shall pay those fees to the extent required by Section 28.10; (d) each claimant in a batch shall retain the right to present the claimant's own individual evidence and argument, to receive an individualized award, and to full procedural rights under the JAMS Rules, and no award in one claimant's arbitration shall bind any other claimant; (e) the parties shall in good faith attempt a global mediation of all Mass Filing demands after the first batch is resolved; and (f) all statutes of limitation for claimants in later batches are tolled from the filing of their Notices of Dispute until their batch commences. A procedural arbitrator appointed by JAMS shall resolve disagreements about batch composition and order. If this Section 28.7 is found unenforceable as to a Mass Filing, the claims in that Mass Filing shall proceed in court on an individual basis, subject to Section 28.6.

28.8 Public injunctive relief. Nothing in this Article waives any right you have to seek public injunctive relief. If you seek public injunctive relief that a court determines cannot be awarded in arbitration, that request shall be severed and stayed until all other claims are arbitrated, and then decided by a court, which may award public injunctive relief to the extent applicable law allows. Section 28.6 does not apply to that request.

28.9 Right to opt out. YOU MAY OPT OUT OF THIS AGREEMENT TO ARBITRATE BY SENDING AN EMAIL TO beakschool@beautyofbirds.com WITH THE SUBJECT LINE "ARBITRATION OPT OUT", OR A LETTER TO THE MAILING ADDRESS IN ARTICLE 35, WITHIN THIRTY (30) DAYS AFTER THE DATE YOU FIRST ACCEPT THESE TERMS, stating your name, mailing address, the email associated with any Account, and that you opt out of arbitration. An opt out must be submitted individually and not by any agent on behalf of a group. Opting out does not affect any other provision of the Agreement, including Section 28.2, Article 29, and Section 28.11. This Article replaces any prior agreement to arbitrate between you and the Company.

28.10 Costs and location. The payment of filing, administrative, and arbitrator fees is governed by the JAMS Rules, except that for any individual consumer claim the Company will pay all such fees in excess of the amount the claimant would pay to file a complaint in a state court of general jurisdiction where the claimant resides. The Company will pay any fee it owes within the time required by applicable law, including California Code of Civil Procedure Sections 1281.97 and 1281.98. Each party bears its own attorneys' fees unless applicable law or these Terms provide otherwise, but the arbitrator may award fees and costs to a party as provided by law, and may award costs and fees against a party whose claim or defense was frivolous or brought for an improper purpose, as measured by the standards of Federal Rule of Civil Procedure 11(b). The Company will not seek attorneys' fees from you in an arbitration you commence unless the arbitrator makes such a finding. Hearings shall take place by videoconference or telephone unless the arbitrator determines that an in person hearing is necessary, in which case the hearing shall occur in Salt Lake City, Utah, or, if you are a consumer and you choose, in the county where you reside.

28.11 Jury trial waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, FOR ANY DISPUTE THAT IS LITIGATED IN COURT RATHER THAN ARBITRATED FOR ANY REASON, YOU AND THE COMPANY WAIVE ANY RIGHT TO A JURY TRIAL.

28.12 Limitation period. If you are a Trainer, Affiliate, or Provider, any Dispute arising from that program must be commenced, by delivering a Notice of Dispute, within one (1) year after you knew or should have known of the facts giving rise to it, to the extent permitted by law. This Section does not apply where the law of the Trainer's, Affiliate's, or Provider's state of residence, such as Florida Statutes Section 95.03, does not allow a contract to shorten a limitation period. All other Disputes are subject to the limitation period that would apply in court.

28.13 Changes to this Article. Notwithstanding Article 31, if the Company changes this Article after you accept it, the change will not apply to any Dispute that arose before the effective date of the change. You may reject any material change to this Article by sending notice to BeakSchool@beautyofbirds.com with the subject line "Arbitration Change Rejection" within thirty (30) days after the change takes effect, in which case the version of this Article you last accepted will continue to govern Disputes between you and the Company.

28.14 Reserved.

28.15 Severability and survival. Except as provided in Sections 28.6, 28.7, and 28.8, if any part of this Article is found unenforceable, that part shall be severed and the remainder enforced. This Article survives termination of the Agreement and of your Account.

28.16 Consumers in Europe. If you are a consumer residing in the European Economic Area, the United Kingdom, or Switzerland, Article 28 (other than Section 28.2) and Section 29.2 do not apply to you, and you may bring proceedings in the courts of your country of residence.

Article 29. Governing Law and Venue

29.1 Governing law. Article 28 is governed by the FAA. Subject to the FAA, the Agreement and any Dispute are governed by the laws of the State of Utah, and applicable federal law, without regard to conflict of laws principles that would require application of the law of another jurisdiction. If you are a consumer residing outside that State, this Section does not deprive you of the protection of mandatory consumer protection provisions of the law of your place of residence that cannot be waived by contract. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply.

29.2 Venue. For any Dispute that is not subject to arbitration, including any action under Section 28.4(b) and any Dispute severed under Article 28, you and the Company consent to the exclusive jurisdiction and venue of the state and federal courts located in the State of Utah, and waive any objection based on inconvenient forum, except that (a) small claims actions may be brought in the small claims court where you reside, and (b) either party may seek the injunctive relief described in Section 28.4(b) in any court of competent jurisdiction.

Article 30. Term, Suspension, Termination, and Survival

30.1 Term. The Agreement remains in effect while you use the Services or hold an Account.

30.2 Termination by you. You may stop using the Services at any time and may close your Account through Account settings or by contacting the Company. Closing your Account does not cancel a Subscription unless you also cancel it under Article 6, and does not entitle you to a refund except as provided in Article 7.

30.3 Suspension and termination by the Company. The Company may suspend, restrict, or terminate your access to all or part of the Services, remove any content or Listing, or close your Account, with or without notice, if (a) you breach the Agreement or the Company reasonably suspects a breach; (b) your conduct creates a risk of harm to other Users or animals, or exposes the Company to liability through your breach of the Agreement or violation of law; (c) required by law, a court order, or a payment processor; (d) you fail to pay amounts owed; or (e) the Company discontinues a feature or the Services. Where the Company terminates for reasons other than your breach, and you have prepaid for a Subscription period that has not ended, the Company will refund the unused portion on a prorated basis. Where termination results from your breach, no refund is due, including for Lifetime Memberships and one time purchases, except as required by law.

30.4 Effect. Upon termination, all licenses granted to you end, and you must stop using the Services and Company Content. The Company may delete your Account data in accordance with the Privacy Policy.

30.5 Survival. The following survive termination: Articles 2, 4 (other than the license in Section 4.2), 7 (as to amounts owed and chargebacks), 10.4 through 10.6, 11.8, 12.4, 12.6 (as to cached and archived copies), 14.1 (as provided there), 14.2, 15.7, 16.1, 19.2, 19.3, 21.9, 22, 24 through 32, 33.2, 34.4 (as to amounts earned before termination), 34.5, 34.6, 34.7, 34.9, 34.10, 34.18, 35, and 36, and any other provision that by its nature should survive.

30.6 No retaliation. The Company will not suspend, terminate, restrict, or deny a refund or service to anyone because that person requested an accommodation, reported an accessibility barrier, posted an honest review, made a good faith complaint, exercised a privacy right, sent a Notice of Dispute, or opted out of arbitration.

Article 31. Changes to These Terms

31.1 Right to modify. The Company may modify the Agreement from time to time. Changes apply only prospectively, from their effective date, and never to any purchase, booking, commission, or Dispute that arose before that date, except where the change is required by law.

31.2 Notice. For any material change, the Company will provide at least thirty (30) days' advance notice, except that notice of a Subscription price increase follows Section 6.5, by email to the address on your Account and by a notice on the Services, and will update the "Last Updated" date. Non material changes, such as clarifications, corrections, and updates to contact information, take effect when posted. A shorter notice period may apply where a change is required by law or addresses an urgent security or fraud risk.

31.3 Acceptance. For Account holders, the Company may require you to affirmatively accept a materially modified Agreement before your next login, purchase, or renewal. Your continued use of the Services after the effective date of a change, following notice, also constitutes acceptance, except that a change to Article 28 binds you only if you affirmatively accept it. If you do not agree to a change, you must stop using the Services and may cancel any Subscription before the change takes effect for a prorated refund of any prepaid period that extends past that date.

31.4 Archive. The Company maintains prior versions of these Terms and will provide the version that applied to you on request.

Article 32. General Provisions

32.1 Entire agreement. The Agreement constitutes the entire agreement between you and the Company regarding its subject matter and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding that subject matter, except that any separate written agreement signed by an authorized officer of the Company controls to the extent it expressly references and modifies these Terms.

32.2 Severability. Except as provided in Article 28, if any provision of the Agreement is held invalid, illegal, or unenforceable, it shall be enforced to the maximum extent permissible and reformed to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.

32.3 No waiver. No failure or delay in exercising any right is a waiver of it, and no waiver is effective unless in writing and signed by the Company.

32.4 Assignment. You may not assign, delegate, or transfer the Agreement or any rights or obligations under it, by operation of law or otherwise, without the Company's prior written consent, and any attempt to do so is void, except where applicable law allows the assignment. The Company may assign the Agreement, in whole or in part, without consent, including to an affiliate or in connection with a merger, acquisition, reorganization, or sale of all or part of its business or assets. The Agreement binds and benefits the parties and their permitted successors and assigns.

32.5 Force majeure. The Company is not liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, severe weather, epidemic, war, terrorism, civil unrest, labor disputes, government action, failures of utilities, internet, or hosting providers, payment network outages, cyberattacks, or the unavailability of a Trainer or host.

32.6 Relationship. No agency, partnership, joint venture, employment, or franchise relationship is created between you and the Company by the Agreement or your use of the Services.

32.7 Third party beneficiaries. The Company Parties are intended third party beneficiaries of Articles 24 through 28. Otherwise, there are no third party beneficiaries of the Agreement.

32.8 Export and sanctions. You shall comply with all applicable United States and foreign export control and economic sanctions laws in connection with your use of the Services and shall not use the Services in or for the benefit of any sanctioned country, region, or person.

32.9 Equitable relief. You acknowledge that a breach of Article 4, Section 12.4, or Article 22 would cause the Company irreparable harm and that the Company is entitled to seek injunctive relief, without posting a bond or proving actual damages, in addition to any other remedy.

32.10 Language. The Agreement is written in English. Any translation is provided for convenience only, and the English version controls.

32.11 Headings and construction. Headings are for convenience and do not affect interpretation. The Agreement shall be construed fairly according to its plain meaning and not strictly for or against either party.

32.12 California residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: the Services are provided by the Company identified in Article 35, and you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834, or by telephone at (916) 445 1254 or (800) 952 5210.

32.13 New Jersey residents. If you reside in New Jersey: Section 24.4 does not release the Company's negligence causing personal injury or property damage; Sections 26.2 and 26.3 do not limit recovery under the New Jersey Consumer Fraud Act or for such negligence; and Section 27.1 applies only to third party claims. In New Jersey, Section 25.1 does not exclude any implied warranty that New Jersey law or the Magnuson Moss Warranty Act does not allow the Company to exclude, and Section 26.2 does not exclude punitive damages or treble damages available under New Jersey law. All other provisions apply in New Jersey, and nothing in these Terms limits any right you have under the New Jersey Truth in Consumer Contract, Warranty and Notice Act.

Article 33. Lifetime Membership, Live Access, and Coaching Sessions

33.1 Lifetime Membership. A Lifetime Membership grants access to the Beak School Club video course library, including modules later added to that library, for the lifetime of the Services as operated by the Company or its successor, subject to these Terms. "Lifetime" refers to the life of the Beak School Club product, not the life of the purchaser, and the membership is personal and nontransferable. A Lifetime Membership includes one (1) year of access to live trainer calls and Q&A sessions measured from the date of purchase, during which live access is available only while the Company hosts such sessions; after that year, live sessions are not included. A Lifetime Membership does not include separately sold standalone courses, Trainer products, coaching sessions, or Physical Products unless stated at purchase. Lifetime Members who purchased under earlier terms that promised different live access retain the access described in the terms in effect at their purchase.

33.2 Discontinuation. If the Company discontinues the Beak School Club library entirely, other than in connection with a transfer to a successor that continues it, the Company will provide at least 60 days' notice and will either (a) provide a means to retain access to the course videos as they exist at that time, or (b) offer a prorated refund calculated on a five (5) year useful life from the purchase date, at the Company's election.

33.3 Live sessions and coaching availability. Live Q&A sessions and one on one coaching depend on a host or Trainer being available and are not guaranteed on any fixed schedule. A period during which live sessions are not offered does not entitle any Member to a refund, credit, or payment suspension, and access to all other content continues.

33.4 Coaching cancellations and refunds. Unless a different policy is displayed at booking: (a) if you cancel 24 hours or more before a session's scheduled start, you receive a full refund; (b) if you cancel less than 24 hours before the start, no refund is issued and the Trainer retains payment for the reserved time; (c) a cancelled session drawn from a package is returned to the package; (d) if you do not attend a session you did not cancel, no refund is issued automatically; (e) a Trainer may refund you in full at any time; and (f) if the Trainer cancels or reschedules and you cannot agree on a new time, you receive a full refund. Refunds are issued to the original payment method, normally within 5 to 10 business days.

33.5 Late arrival and technical issues. Sessions end at the scheduled time regardless of late arrival. If a session cannot occur because of a technical failure of the Company's video room, the session will be rescheduled or refunded. You are responsible for your own internet connection, device, and software.

Article 34. Trainer Program Agreement

This Article is the Trainer Program Agreement and applies to every Trainer in addition to the rest of the Agreement.

34.1 The Program. The Company operates an open Trainer Program for independent, force free parrot trainers. Trainers set their own prices for one on one sessions, packages, live Q&As, video lessons, and other products, and are solely responsible for the content, safety, legality, and quality of their sessions and materials.

34.2 Independent contractor. Each Trainer is an independent contractor and business. The Trainer controls the manner, means, schedule, and methods of its work, provides its own equipment, may work for others, and is not entitled to any employee benefit. The Trainer is solely responsible for all income, self employment, and other taxes, and for any business licenses, registrations, and permits required where it operates.

34.3 Pricing and Beak School's markup. Trainers set the amount they want to keep (their "take home") and keep all of it, subject only to Sections 34.4 and 34.5. The price shown to buyers is the take home plus Beak School's markup, which applies to everything a Trainer sells through the Services, including sessions, packages, coaching calls, video lessons, courses, ebooks, and downloads. The first ten (10) Trainers ever approved are Founding Trainers, for whom Beak School adds ten percent (10%) on top for as long as they hold Founding status under Section 34.15. Every Trainer approved after that is on the standard rate of twenty percent (20%) on top. A standard rate Trainer may pay $597 one time to move permanently to the ten percent (10%) markup; that payment is nonrefundable and is not a subscription. Card processing fees are paid out of Beak School's markup, never from a Trainer's take home. Until the Company announces otherwise under Section 34.16, the Company also pays Stripe's account and payout fees for a Trainer's connected account. There is no monthly or upfront fee to be a Trainer.

34.4 Payment collection and payouts. Buyers pay the Company at booking or purchase, and the Company collects as the Trainer's limited payment collection agent. The Company holds the payment and remits the Trainer's take home after the session takes place, normally about seven (7) days after its scheduled end, to the payout account the Trainer connected (Stripe or PayPal). The Company does not remit payment for sessions that have not occurred, except that the Trainer receives its take home for a late cancellation or a no show where Section 33.4 allows the Trainer to keep payment. All amounts are in United States dollars, and any currency conversion, cross border, or foreign exchange fee is the Trainer's to pay. Payment processors may issue tax information returns, including Form 1099 K, as required by law, and the Trainer must provide accurate tax information.

34.5 Refunds, chargebacks, and set off. Trainers agree to the coaching policy in Article 33 and any policy they display. If a buyer is refunded or disputes a charge before take home is remitted, that booking's funds are applied first. If take home was already remitted, the Company may reverse the transfer. If a dispute is lost, a fifteen dollar ($15) dispute fee may be deducted from the Trainer's next payout. The Company may set off any amount a Trainer owes against any amount payable to the Trainer, and may debit the connected payout account or invoice the Trainer for any shortfall.

34.6 Content license and marketing opt in. Trainers are never required to create content and retain ownership of their coaching content, live Q&A recordings, and video lessons. When a Trainer sells or shares content through the Services, the Trainer grants the Company a worldwide, nonexclusive, royalty free license to host, stream, caption, transcribe, translate, format, and deliver it to the buyers and Members to whom it was offered, for as long as the Trainer's account is open plus a reasonable wind down period, and, for each buyer, for as long as that buyer retains paid access. The Company uses a Trainer's content, name, or likeness in marketing only if the Trainer turns on the marketing opt in, which is off by default and may be turned off at any time; turning it off stops new uses but does not require removal of materials already published.

34.7 Trainer warranties. Each Trainer represents and warrants that (a) all profile information, credentials, certifications, years of experience, affiliations, and testimonials it provides are true and not misleading, and credentials remain current; (b) it owns or has licensed all content it uploads, including music, images, and footage, and its content does not infringe or misappropriate any third party right; (c) it has obtained the consent of every identifiable person and owner of any identifiable animal in its content; (d) it will comply with all applicable laws; and (e) it is not subject to any agreement that prohibits its participation.

34.8 Standards of practice. Trainers use only force free, positive reinforcement based methods and never dominance based or aversive methods. Trainers make their own professional recommendations; the Company does not set training protocols. Trainers shall not diagnose medical conditions, prescribe or recommend dosages of medicine, food, or supplements, or hold themselves out as veterinarians, and shall refer clients to an avian veterinarian for any health concern. Trainers shall not make guarantees of results or unsubstantiated claims.

34.9 Client information. Information Trainers receive about clients through the Services may be used only to provide the booked services and communicate with the client through the Services. Trainers shall keep it confidential, protect it with reasonable safeguards, not sell or share it, not add clients to any marketing list without the client's separate consent, and delete it when no longer needed, consistent with applicable privacy law.

34.10 Platform integrity and non circumvention. Trainers and clients must communicate, schedule, and pay only through the Services. During the Trainer's participation and for twelve (12) months after a Trainer's last interaction with a client introduced through the Services, the Trainer shall not solicit or accept payment from that client outside the Services for training services, or share or request contact details or outside payment links for that purpose. Violation may result in removal and the Trainer shall pay the Company the markup that would have applied to any such off platform payments.

34.11 Insurance. Trainers are strongly encouraged to maintain professional liability insurance appropriate to their services. The Company may require proof of insurance for certain features.

34.12 Featured placement. Featured placement is optional and shows a Trainer near the top of Trainer Hub results. It is a Subscription governed by Article 6, priced as displayed at purchase (currently $67 per month), may be cancelled at any time in the Trainer dashboard, and ends at the end of the paid month after cancellation. Founding Trainers receive Featured placement free for twelve (12) months from approval, after which it ends unless the Trainer elects the paid plan; nothing is charged automatically.

34.13 Requirements and credentials. No certification is required to join. Credentials a Trainer adds are the Trainer's own, are displayed as self reported unless the Company has verified them, and are not credentials of the Company. The Company may request documentation at any time.

34.14 Sessions. Trainers choose their session lengths, availability, and workload, and may work by video from any jurisdiction where their work is lawful. The Company does not record paid one on one calls held in its video room; Article 16 governs recordings.

34.15 Pausing, no minimum, no exclusivity, Founding status. A Trainer may pause availability at any time; the profile may remain visible with a note, new bookings turn off, and existing bookings are unaffected. There is no minimum number of sessions or time commitment, and Trainers may offer services elsewhere, subject to Section 34.10. A Founding Trainer keeps that status and the ten percent (10%) markup while the account is open and in good standing, including while paused; status ends only if the Trainer closes the account or is removed for breach, and an ended seat is not reassigned.

34.16 Changes. The Company may change its payment policies, fees, markup, payout methods and timing, Featured pricing, and the Trainer Program by posting the update and emailing active Trainers at least thirty (30) days before it takes effect. Changes apply prospectively only and never to a session already booked or an amount already earned. No change under this Section will raise the markup above ten percent (10%) for a Founding Trainer while that status continues, or for a Trainer who paid for the permanent ten percent (10%) rate.

34.17 Removal. The Company may suspend or remove a Trainer, its content, or its profile for breach, safety concerns, repeated buyer complaints, inaccurate credentials, or conduct that harms the Company's reputation or other Users. Article 30 applies.

34.18 Trainer indemnity. Each Trainer shall defend, indemnify, and hold harmless the Company Parties from all claims, losses, and expenses, including reasonable attorneys' fees, arising from the Trainer's services, advice, content, conduct, misrepresentations, handling of client information, breach of this Article, or violation of law, including any claim of injury to any person or animal.

Article 35. Notices and Contact

35.1 Notices to you. The Company may give notice by email to the address associated with your Account or order, by in app notification, or by posting on the Services. Email notice is effective when sent, and posted notice is effective when posted. You are responsible for keeping your email address current.

35.2 Notices to the Company. Notices to the Company must be sent to the applicable address below and are effective when received. Legal notices, including Notices of Dispute and arbitration opt outs, must be sent to the email or mailing address below, using the subject line shown. Notices sent to another Company address will be forwarded internally. Notices posted on social media, chat, or community posts are not effective except where law gives them effect.

35.3 Contact information.

Blue Pine Holdings LLC, doing business as Beak School

Mailing address: 322 Dogwood Village Rd, Salina, OK 74365, United States

Email for all support, notices, and requests: BeakSchool@beautyofbirds.com

Use the subject line "Notice of Dispute" for Notices of Dispute, "Arbitration Opt Out" for opt outs, and "Legal Notice" for other legal notices. References in these Terms to the Company's legal address mean this email address with that subject line.

Copyright and other intellectual property notices: subject line "Copyright Notice".

Accessibility assistance: subject line "Accessibility". References to the accessibility address mean this email address with that subject line.

Privacy requests and Directory removals: subject line "Privacy Request" or "Listing Removal". References to the privacy address mean this email address with that subject line.

Security reports: subject line "Security Report". Rejections of a change to Article 28: subject line "Arbitration Change Rejection".

Article 36. Demands Before Suit and Abusive Claims

36.1 Good faith claims are welcome. The Company wants to hear about any genuine problem, including an accessibility barrier, a privacy concern, or a copyright issue, and will fix genuine problems promptly at no cost to the person reporting them. Nothing in this Article limits any right to make a good faith request, complaint, review, or claim, and Section 30.6 applies.

36.2 Required content of payment demands. Any letter, email, or other communication demanding payment from the Company before or instead of a filed proceeding (a "Demand") should be sent to the legal address in Article 35 and include: (a) the full legal name and contact information of the claimant and, if represented, the name, firm, state bar number, and admitted jurisdictions of each attorney; (b) the specific facts on which the claim is based, including the dates, pages, and interactions the claimant personally experienced; (c) the evidence supporting those facts, such as screenshots, recordings, network logs, or purchase records; (d) for any copyright claim, proof of ownership and the registration number and effective date relied on for any claim of statutory damages or attorneys' fees; and (e) the legal basis and calculation of any amount demanded. The Company may decline to pay any Demand that omits this information, and will still review any genuine problem the Demand describes.

36.3 Preservation and response. The Company preserves every Demand together with the configuration, consent, and access records relevant to it, investigates the facts, corrects any genuine issue, and responds in writing. A Demand sent on behalf of a person who has accepted these Terms is also subject to Section 28.2 and Article 28.

36.4 Reservation of rights. The Company reserves all rights and remedies that applicable law provides with respect to any claim, Demand, or proceeding that is objectively baseless, based on fabricated facts or evidence, or brought in bad faith, including the right to seek sanctions and recovery of attorneys' fees and costs where a statute, rule, or court authorizes them. This Section creates no right or remedy that applicable law does not already provide.

36.5 No admission. Any correction, settlement, or payment by the Company is made without admission of liability, and nothing the Company says in response to a Demand is an admission. Any settlement must include a written release, signed by the claimant and by any agent or enforcement company that claims rights in the matter, of all claims arising from the same facts.

Version and dates. Version 2.2. Effective: October 7, 2026. Last Updated: October 7, 2026.