Terms of Use | BirdHaus

Accepting these terms

These Terms of Use are an agreement between you and Birdhaus, a Wyoming profit corporation (Wyoming filing ID 2025-001603315), doing business as BirdHaus and By BirdHaus (“BirdHaus”, “we”, “us”). By using this site, you agree to them and to our Privacy Policy. If you use the site for a company, you agree for that company and confirm you can bind it. If you don’t agree, don’t use the site.

Using the site

You may use the site to learn about BirdHaus, design products in Studio, request quotes and verify products. Don’t:

break the law, or infringe anyone’s intellectual property or privacy
upload anything unlawful, hateful, obscene, threatening or harmful, or any malware
try to get around security, rate limits or spam controls, or reach systems or data that aren’t meant for you
copy, clone, tamper with or probe our NFC tags, label codes or verification systems, or try to make a fake product verify
scrape the site in bulk, or overload it, except for search engines following our robots.txt
send false information or pretend to be someone else

We may limit or block access for anyone who breaks these rules.

Quotes are estimates

Prices, timelines, minimums, colors and mockups shown on the site or sent in reply to a request are estimates. They are not offers, and you are not committed to anything by requesting a quote. Nothing is a binding price or order until we both sign a written quote or order, or you pay an invoice that states the order’s terms. That signed quote or order, not this page, sets the price, specs, schedule, payment and delivery terms.

Studio previews are a guide. On-screen colors, sizes and placement can differ from the finished product because of screens, fabrics and decoration methods. We confirm final details before production.

Studio uploads and your artwork

When you upload a logo, artwork or other content (“your artwork”) in Studio or send it to us:

You confirm you have the rights. You own your artwork or have permission from the owner to use it as you ask us to, and using it won’t infringe anyone’s copyright, trademark, privacy or other rights.
You keep ownership. Your artwork stays yours.
You give us a limited license. You grant BirdHaus and our manufacturing partners a non-exclusive, royalty-free license to store, copy, edit (for example, removing a background or resizing) and use your artwork only to prepare quotes, mockups and proofs, and to produce and deliver your orders. We won’t use it to promote BirdHaus without your separate permission.
We can say no. We may refuse, remove or decline to produce any artwork we believe infringes someone’s rights, breaks the law or is offensive, and may decline any order for that reason.
You’re responsible for it. If someone claims your artwork infringes their rights, the indemnity below applies.

Our content

The site and its content, including text, photos, 3D models, graphics, code, the network map and its data, belong to BirdHaus or our licensors and are protected by copyright and other laws. You may view and share pages for personal or internal business use. Don’t copy, sell, frame or build products from our content without written permission.

Ideas or feedback you send us may be used to improve our services, with no obligation to you. This doesn’t apply to your artwork, which is covered above.

Trademarks

BirdHaus, By BirdHaus, the BirdHaus logos, Scanacart and TruLock Technology™ are trademarks of Birdhaus. You may not use them without our written permission, except to refer to us accurately.

Client names, logos and product images shown on the site are the trademarks and property of their owners and are shown with permission to describe work we’ve done. Showing them doesn’t mean those owners endorse anything other than that work.

Verification results

Verify pages show whether a tag or code matches a brand’s records at the moment you check it. Results are for information. They depend on the brand’s records, the tag or label being intact, and your connection.

“Authentic” means the tag or code checked out. It is not a warranty of the product’s quality, safety, contents or fitness, which are the responsibility of the brand that made or sold it.
“Not verified” can mean a copy, a damaged or inactive tag, or a connection problem. Contact the brand or the seller before drawing conclusions.

BirdHaus is not responsible for counterfeiting, tampering, resale or other misuse of products, tags or codes by third parties, or for decisions anyone makes based on a result. Authentication makes counterfeiting harder; no system can make it impossible.

Other websites

Links to other sites, including brands’ own sites and apps, are for convenience. We don’t control them and aren’t responsible for their content or privacy practices.

Disclaimers

THE SITE, STUDIO AND VERIFY PAGES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT THE LAW ALLOWS, BIRDHAUS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. WE DON’T PROMISE THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS. Statistics on the site are accurate to the date shown and may change.

Limitation of liability

TO THE FULLEST EXTENT THE LAW ALLOWS, BIRDHAUS AND ITS OFFICERS, EMPLOYEES AND PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE OR DATA, ARISING FROM YOUR USE OF THE SITE, STUDIO OR VERIFY PAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ABOUT THE SITE IS LIMITED TO US$100.

Some places don’t allow these limits, so they may not apply to you. Nothing here limits liability that can’t be limited by law, such as for fraud, gross negligence or willful misconduct, or your rights as a consumer under California law. Liability for orders is set by the signed quote or order.

Indemnity

You agree to defend and hold BirdHaus harmless from claims, losses and reasonable costs, including legal fees, that arise from your artwork, your breach of these terms, or your misuse of the site. We’ll tell you about the claim and may take part in the defense with our own lawyer.

Governing law and disputes

These terms are governed by the laws of the State of California and applicable US federal law, without regard to conflict-of-law rules.

Talk to us first. If you have a dispute with us, email info@bybirdhaus.com with a short description and what you’d like us to do. We’ll try to resolve it informally within 30 days, and we’ll do the same before taking action against you.

Courts. If we can’t resolve it, any claim goes to the state or federal courts located in Orange County, California, and you and BirdHaus agree to their jurisdiction. Either of us may bring a qualifying claim in small claims court instead.

Copyright complaints

We respect copyright. If you believe content on the site infringes your copyright, send a notice under the Digital Millennium Copyright Act (DMCA) to our copyright agent at info@bybirdhaus.com, subject “Copyright notice”, with:

your physical or electronic signature
the copyrighted work you believe is infringed
the content you want removed and where it is on the site (the URL)
your name, address, phone number and email
a statement that you believe in good faith the use isn’t authorized by the owner, its agent or the law
a statement, under penalty of perjury, that your notice is accurate and that you are the owner or authorized to act for the owner

If your content was removed and you believe that was a mistake, you can send a counter-notice to the same address. We remove content of repeat infringers.

General

These terms, our Privacy Policy and any signed quote or order are the whole agreement about the site. If a signed quote or order conflicts with these terms, the signed document controls for that order. If part of these terms can’t be enforced, the rest still applies. If we don’t enforce a term right away, we haven’t waived it. You can’t transfer these terms without our consent; we may transfer them as part of a merger or sale of the business.

Changes to these terms

We may update these terms and will change the date at the top when we do. Changes apply from that date. If you keep using the site after a change, you accept the new terms.

Contact

Questions about these terms: info@bybirdhaus.com.

Birdhaus, a Wyoming profit corporation (Wyoming filing ID 2025-001603315), doing business as BirdHaus and By BirdHaus.