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Terms of Service

Effective date: November 4, 2026 · Last updated: November 4, 2026

These Terms explain how BirdySites works: what we build, how we look after your website, what's yours, and how we handle requests and payments. We've tried to keep them clear and fair. Your Website Services Agreement sets out the details of your own project.

1. About these Terms

These Terms of Service (“Terms”) govern your use of the BirdySites website at www.birdysites.com, our demonstration websites, and the website design, hosting, and related services that BirdySites, operated by Cyber Birdy LLC (“BirdySites”, “we”, “us”, or “our”), provides. By using our website or services, you agree to these Terms and acknowledge our Privacy Policy.

Each customer project is also covered by a written quote and a Website Services Agreement (your “Agreement”) that sets out its scope, deliverables, price, package, and any project-specific terms. If your Agreement and these Terms conflict, your Agreement applies to your project.

2. Definitions

3. Our services

BirdySites designs and customizes websites for businesses, hosts and maintains them, helps customers keep them current, and builds additional features on request. Websites are created from BirdySites designs and components and customized for each customer, or built as a Full Ownership project. Example businesses on our website and demonstration websites are fictional and shown for illustration; your website may differ in layout, branding, content, and features.

4. Starting prices, quotes, and agreements

Prices on our website are starting prices, not fixed rates for every project: Signature starts at $1,299 and Professional at $1,699 for the first year, each including website design and 12 months of managed hosting, and Full Ownership websites start at $2,500. Before work begins, we send a written quote describing what's included, its price, and how long the quote is valid. Additional pages, unusually complex designs, custom development, AI features, payment integrations, and other advanced work are quoted separately. A request or quote does not create an agreement; your project begins once you accept the quote and Agreement and the first payment is received (section 5).

Accepting your quote. For Signature and Professional projects, you accept your quote and Agreement electronically, for example by confirming by email or through an online acceptance step. No separate signature is needed, and your electronic acceptance has the same effect as a signature. A Full Ownership transfer of rights, a Website Independence Buyout, and other agreements we identify may require a separately signed agreement.

Timeline and revisions. Each project's timeline is set individually, and your quote or our updates give an estimated delivery date; estimates depend on receiving your content and feedback and are not guaranteed dates. Before launch, we share a private preview of your website. Reasonable revisions within the agreed scope are included, with no fixed number of revision rounds. Changes outside the agreed scope, such as additional pages, new features, or a new design direction, are quoted separately before any work on them begins. If a project is paused for a long time while waiting for your content or approval, your Agreement explains how the timeline and any remaining payments are handled.

5. Payments, first-year hosting, and renewals

Payment choices. Your quote shows the project price and lets you choose how to pay:

Work begins once the first payment is received. Separately quoted additional work is paid as its quote states. We send invoices with the amount, due date, and how to pay; when you pay by card or bank transfer through our payment processor, the processor handles your payment details, and we do not receive or store full card numbers. Any applicable taxes are shown on your quote or invoice.

Launch. We publish your website once you have given your final approval and the project price has been paid in full.

First-year hosting and renewals. For Signature and Professional, the first-year price includes website design and customization and your first 12 months of hosting and managed service, which begin on your launch date. After those 12 months, the hosted package renews at the renewal price in your Agreement, yearly or monthly as you choose (currently $499 a year or $49 a month for Signature, and $699 a year or $69 a month for Professional). We send a renewal invoice before each renewal; renewals are not charged automatically. You agree to pay invoices and renewals when due.

Refunds and cancellations before launch. Whether any amount is refundable, including when a project is cancelled before launch, is set out in your Agreement. Nothing in these Terms limits any refund rights you have under applicable law.

6. Signature and Professional

Signature and Professional are managed website subscriptions. While your subscription continues, we host, maintain, and support your website, and you have hosted-use rights: a non-exclusive right to use the website we built for you for your business. The underlying website code, designs, and BirdySites components remain BirdySites' property and are not transferred (section 7.1); a Website Independence Buyout is available later (section 7.2).

Pages. Signature includes up to 5 standard pages and Professional up to 8. A standard page is a regular content page built from your website's existing design and sections, such as Home, About, Menu, Services, or Contact. Legal pages that BirdySites provides, such as a privacy policy and terms, do not count toward these limits. Additional pages, and pages that need new functionality, are quoted separately (section 14).

Standard SEO setup. We set up page titles and descriptions, a sensible heading structure, and, where appropriate, a sitemap and search engine indexing settings. It does not include ongoing SEO campaigns, and we do not guarantee search rankings or traffic.

7. Ownership and licensing

Under every package, your business content, domain name, logos, and the materials you provide remain yours (section 8). This section explains the rights you have in the website itself.

7.1 Signature and Professional: hosted-use license

Signature and Professional are managed website packages. While your hosted package continues, you have a non-exclusive license to use the website we created for you, for your business, as hosted by BirdySites. BirdySites keeps ownership of the underlying website code, reusable themes, design systems, and proprietary components, and you do not automatically receive transferable source code. If your hosted package ends, this license ends with it, unless you have completed a Website Independence Buyout (section 7.2). Your content and domain stay yours, and we will help you retrieve your content (section 18).

7.2 Website Independence Buyout

If you purchased Signature or Professional, you can later request a paid Website Independence Buyout to leave our managed hosting and keep using your existing website independently. We review your website and send a personalized quote. Once you approve it and pay the agreed price, we deliver the agreed website files and grant you a perpetual license to use them for your business. Under this license you may:

The buyout is an independence and hosting-portability option, not an assignment of copyright and not a resale license. Under the buyout, you may not:

BirdySites keeps all rights in its original reusable designs and technology. The buyout quote and agreement set out the exact license, the delivered files and their format, delivery timing, and any third-party licenses.

7.3 Full Ownership

Full Ownership websites are commissioned as customer-specific projects. Under your Agreement, you receive ownership of the agreed original website code, files, and assets, and the intellectual property rights transferred in it. For the deliverables specifically transferred to you, you may:

These rights apply only to the deliverables transferred under your Agreement. Third-party licensed assets, open-source components, and any BirdySites technology expressly retained in your Agreement remain subject to their applicable licenses. You may choose BirdySites managed hosting, which is optional and quoted separately, without losing your ownership rights; Personalized Website Assistance depends on your hosting agreement. Your Agreement sets out exactly which rights are transferred and anything BirdySites retains (section 7.4).

7.4 Rights retained by BirdySites

Under every package, including Full Ownership and the Independence Buyout, BirdySites keeps its platform, master themes, reusable designs, design systems, components, internal development tools, and know-how. Buying a website does not transfer them. Where your website needs any of them, your Agreement or buyout license grants the rights needed to use them with your website.

7.5 Third-party and open-source licenses

Fonts, photos, software libraries, open-source components, and other third-party items remain subject to their own licenses, which may limit how they can be reused, resold, or transferred, under every package (section 10).

7.6 Design concepts are not exclusive

Full Ownership does not by itself make a design exclusive. BirdySites may create other websites with similar concepts, styles, layouts, functionality, or independently developed designs. We respect any copyright actually assigned to you and do not reuse your protected, customer-owned original deliverables without the appropriate rights.

7.7 Exclusive design agreements

An exclusive design arrangement is available only when separately negotiated, quoted, and set out in writing.

7.8 Deliverables and payment conditions

For Full Ownership and the Independence Buyout, your Agreement or quote lists the deliverables (for example source code, design files, assets, and documentation) and their format. Files are delivered and rights are transferred or licensed once the agreed price has been paid in full and any other agreed conditions are met. Delivery timing and any warranty on delivered code are as stated in your Agreement.

8. Your domain and content

Your domain name, your content, and the materials you provide remain yours under every package. You give us permission to host, copy, adapt, and display your content as needed to build, operate, and support your website. You confirm that you have the rights to the content you provide and that it complies with the law and these Terms. If we register or manage a domain for you, it is still your domain, and we will hand over control of it at your request.

9. BirdySites intellectual property

Our website, designs, master designs, characters, templates, code, components, and platform, and everything we create for our services that is not a Full Ownership deliverable, belong to Cyber Birdy LLC or its licensors; a Website Independence Buyout grants a license, not ownership (section 7). Except for the rights described in these Terms and your Agreement, no rights are transferred to you.

10. Third-party components and services

Websites can include third-party components such as fonts, photos, software libraries, maps, or booking and payment services. These remain subject to their own licenses and terms, which may limit how they can be reused or transferred. We are not responsible for outages or changes to third-party services, but we will help where we reasonably can.

11. Hosting, maintenance, and covered fixes

For hosted websites, our managed service includes hosting operations, SSL certificates, routine platform maintenance, security updates for our managed platform, and covered fixes. Covered fixes include correcting problems caused by BirdySites, covered hosting configuration problems, and restoring covered BirdySites failures. Covered fixes are part of your service: we don't charge for them separately, and they never use your complimentary or purchased assistance hours.

Customer-requested enhancements, problems caused by outside services, and problems caused by changes made outside BirdySites are not covered fixes; we can help with them through assistance hours or a separate quote, and we will tell you which applies before work begins. We work to keep websites secure and available, but no online service can promise uninterrupted availability, and we do not guarantee it. We do not offer a guaranteed service level or response time unless your Agreement states one.

12. Personalized Website Assistance

Hosted packages include complimentary Personalized Website Assistance each service year: 5 hoursfor Signature and 10 hours for Professional. These are website assistance hours, not custom programming hours.

Eligible assistance includes updating existing restaurant menus, changing existing business information, updating opening hours and contact details, replacing existing photos, editing existing text, minor formatting adjustments, adjustments supported by your website's existing functionality, and other routine content assistance we approve.

Not covered (quoted separately under section 14): new website pages, new software functionality, custom programming, major redesigns, advanced animation development, online ordering systems, new payment or reservation integrations, AI assistant development, complex third-party integrations, and custom databases and backend services.

Professional customers receive priority assistance. Your Agreement sets out how assistance time is recorded and whether unused complimentary hours carry over to the next service year.

13. Additional assistance hours

When your included hours run low, you can arrange additional assistance hours, individually or as prepaid packs when offered. Purchased hours are kept separate from complimentary hours, are credited only after payment is received, and cover eligible assistance only, not custom development. Their price and any other conditions are stated when you arrange them.

14. Custom development

You can ask for new pages, features, integrations, redesigns, and other development the same way you request assistance. We review the request and send a separate scope and quote. Paid development begins only after you approve the quote, and we never deduct assistance hours for custom development instead of quoting it.

15. Requests, estimates, and approvals

Requests are currently made by email and, once available, through the customer dashboard. For each request:

  1. We review it and tell you whether it is a covered fix, eligible assistance, or custom development.
  2. For assistance, we give you an estimated time; for development, a separate quote.
  3. You approve the estimate or quote before any hours are deducted or charges apply.
  4. We record the actual time spent on the work. Only active, eligible work time is deducted, and never more than you approved without your further authorization.
  5. When the work is done, we show what was done, the time used, and your remaining balance. Approved hours that were not needed are returned to your balance.

If you believe a request was classified or recorded incorrectly, tell us and we will review it.

16. Customer dashboard

Requests and updates are handled by email: our team makes your updates and keeps you informed. A customer dashboard is planned but not yet available; we will update these Terms before it is offered.

17. Upgrades and downgrades

You can upgrade from Signature to Professional. We will show you the upgrade charge and any billing adjustment before you confirm, and the upgrade takes effect once payment is received. Upgrading unlocks the option to remove the footer credit; it stays on until you choose to remove it. A change to a different package is arranged with us, and we will confirm any price difference and its effect on your hours and footer credit before it takes effect.

18. Cancellation and termination

You may choose not to renew a hosted package. Because hosted packages are managed subscriptions, the hosted website stays online while the subscription is active. Your domain and your content remain yours, and we will help you retrieve your content. We may suspend or end services for serious breaches of these Terms, such as unlawful use, or for unpaid amounts after notice. Full Ownership rights to completed and paid deliverables are not affected by ending optional hosting. Notice periods, refunds, and how long your content stays available for retrieval are set out in your Agreement.

19. Website transfers

With hosted packages, you can move your domain and your content to another provider at any time; the BirdySites website code and designs are not transferred. After a Website Independence Buyout, you can move your website under its perpetual license, including with the sale of your business (section 7.2). With Full Ownership, you can transfer your owned deliverables (section 7.3). If you would like hands-on help with a move, we will tell you in advance whether it is included or quoted.

20. Acceptable use

You agree not to use our website or services to:

21. Disclaimers and limitation of liability

Except as stated in these Terms or your Agreement, our website and services are provided “as is” and “as available”, to the extent permitted by law. To the fullest extent permitted by law, BirdySites is not liable for indirect, incidental, special, or consequential damages, or for lost profits or data, arising from our website or services. Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law.

22. Disputes

If something isn't right, please contact us first at hello@birdysites.com; most concerns can be resolved quickly by talking.

23. Changes to these Terms

We may update these Terms as our services or the law change. The updated Terms take effect when posted here with a new “Last updated” date. For significant changes affecting current customers, we will give notice in advance, for example by email. Changes to these Terms do not change an Agreement you have already accepted unless you agree or that Agreement allows it.

24. Contact us

Questions about these Terms: hello@birdysites.com. Company details: Company information.