These Terms of Service ("Terms") govern your access to and use of the websites, applications, and services provided by SeaBird Solutions, LLC ("SeaBird," "we," "us," or "our") including SeaBird Budgeting (collectively, the "Service"). The Service is a standalone tool for manual budgeting, not connected to any bank or financial institution, and relies on data you enter or import.
Changes to these Terms. We may propose updates to these Terms from time to time. We will not unilaterally amend any material term. For any material change, you will be presented with an in‑account dialog and must affirmatively accept the updated Terms (see Section 21). Non‑material updates (e.g., formatting, typographical corrections, or clarifications that do not change your or our rights or obligations) may be posted and become effective when posted. Continued use alone does not constitute acceptance of a material change.
You must be at least 13 years old to use the Service. If you are under 18 (or the age of majority in your jurisdiction), you may use the Service only with the consent of a parent or legal guardian, who is responsible for your use. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. Notify us immediately at support@seabird.biz if you suspect unauthorized access or use.
Some features may require a paid subscription. By starting a subscription, you authorize us to charge the applicable fees, plus any taxes, on a recurring basis until you cancel. We may change pricing with reasonable notice; changes will apply to the next billing cycle. Payments are non‑refundable except where required by law (see Section 4).
No refunds; term continues through the end of the billing period. If you are using the paid version of the Service and cancel your subscription, you will not receive a refund or credit for any partial month or unused portion of the subscription term, except where required by applicable law. Your paid access will continue through the remainder of your then‑current billing period (the "Cancellation Date"). If your subscription has just renewed, it will remain active through the next Cancellation Date. We do not provide prorated refunds.
Required method to cancel. To cancel, you must submit a support ticket from within your account clearly requesting cancellation of the paid subscription. Cancellations are deemed received when we generate a ticket confirmation. Submissions via other channels (e.g., email, chat, deleting the application) are not accepted for cancellation purposes.
Option to retain a free account. When submitting your in‑account support ticket, you may specify in the ticket text that you want your free SeaBird Budgeting account to remain active after the paid subscription ends. If you do not specify, your free account will remain in place by default unless you later request its removal or it is terminated under our inactivity policy (see Section 22).
Cancellations made directly through Stripe (payment processor). If you cancel your paid subscription directly through Stripe or the Stripe customer portal, your paid subscription will be cancelled effective as of the next Cancellation Date. Your free account (if any) will remain active unless you submit an in‑account support ticket instructing us to remove it and/or it is terminated under Section 22.
Effect of cancellation. After the Cancellation Date, paid features will end and, unless otherwise stated in your ticket, your account will revert to the free tier. You are responsible for exporting your data before paid features end (see Section 13).
The Service provides budgeting and tracking tools, including calculators (e.g., car loan, credit card payoff, mortgage, retirement, savings), expense dashboards, and insights with graphs, for general informational purposes only. The Service does not—and we do not—provide financial, investment, tax, accounting, legal, or other professional advice, and no fiduciary relationship is created. You acknowledge that you use the Service at your own risk and that you will seek advice from qualified professionals as needed.
Outputs depend on the data you enter, import, or export (e.g., ledger entries, credit/debit indicators, vendor names, credit card details). You are solely responsible for the accuracy, completeness, and legality of your data, including ensuring that imported files are accurate, properly formatted, and free of malware. The Service may contain bugs, delays, errors, or omissions; may experience outages or data loss; and may not always reflect your actual financial position. You agree to independently verify important information and to maintain your own backups/exports of your data.
SeaBird is not a bank, money transmitter, broker, investment adviser, credit repair organization, or debt management service. We do not hold, transfer, or manage funds on your behalf. The Service is a standalone software tool for manual budgeting, not integrated with any bank or financial institution.
The Service may allow you to import and export data using Excel or other compatible formats. You are solely responsible for the security and integrity of imported and exported files. SeaBird is not responsible for errors, data loss, system damage, or security breaches caused by imported or exported files or compatibility issues with third‑party software. Maintain backups of all imported and exported data.
You retain ownership of data and content you submit to or export from the Service ("User Content"). You grant SeaBird a non‑exclusive, worldwide, royalty‑free license to use, reproduce, and process User Content solely to operate and improve the Service, including generating dashboards and insights. We may use aggregated and de‑identified data to analyze, improve, and market the Service. You grant us a perpetual, irrevocable license to use any feedback or suggestions you provide without restriction or compensation. You represent and warrant that your User Content does not infringe third‑party rights and complies with all applicable laws.
You may not: (a) use the Service for unlawful purposes; (b) reverse engineer, decompile, or attempt to derive source code except as permitted by law; (c) bypass or violate security controls; (d) interfere with or disrupt the Service; (e) use automated means to scrape or access the Service except through documented APIs; (f) infringe third‑party rights; or (g) upload malware or harmful content.
We may modify, suspend, or discontinue the Service, or any part of it, at any time. The Service may be unavailable due to maintenance or outages. We may offer beta, preview, or experimental features that are provided “AS IS” and may be changed or discontinued at any time. Nothing in this Section authorizes unilateral amendment of material contract terms without your affirmative consent.
The Service may link to or interoperate with third‑party sites, products, or services. We are not responsible for third‑party services and your use is at your own risk and subject to those third parties’ terms and privacy policies.
You may stop using the Service at any time. We may suspend or terminate access (including any paid subscription) if you violate these Terms or if we cease offering the Service. Upon termination, your license to use the Service ends. You are responsible for exporting your data before termination, as SeaBird may not retain or provide access to your data after termination, except as required by law. Sections intended to survive (including, without limitation, Sections 5, 6, 7, 8, 9, 11, 14–22) will survive termination.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, SEABIRD AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‑INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE, INCLUDING ITS CALCULATORS, DASHBOARD, OR INSIGHTS, WILL BE UNINTERRUPTED, SECURE, OR ERROR‑FREE, OR THAT DEFECTS WILL BE CORRECTED.
Regulatory savings clause. Nothing in these Terms, including this Section and Section 15, is intended to, and does not, disclaim, waive, or limit any substantive State or Federal consumer legal rights or protections—or any remedies, causes of action, or damages—where such rights, protections, or remedies are provided by law and are not expressly waivable. These Terms do not limit your rights under any non‑waivable consumer protection laws.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SEABIRD, ITS AFFILIATES, OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Cap; exclusions; savings. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SEABIRD’S TOTAL LIABILITY FOR ALL CLAIMS IN THE AGGREGATE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO SEABIRD FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100). This limitation does not apply where prohibited by law, and does not limit any right or remedy that cannot lawfully be limited, including any statutory damages, attorneys’ fees, or injunctive relief available under applicable State or Federal consumer protection laws. Nothing in these Terms limits liability for willful misconduct or gross negligence.
You agree to defend, indemnify, and hold harmless SeaBird Solutions, LLC, its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your User Content; (b) your use of the Service; or (c) your violation of these Terms or applicable law.
Governing law. These Terms are governed by the laws of the State of Maryland, U.S.A., without regard to conflict‑of‑laws rules, to the extent not preempted by applicable Federal law.
Binding arbitration & class action waiver. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except that either party may seek injunctive or equitable relief in a court of competent jurisdiction. YOU AND SEABIRD AGREE TO ARBITRATE ON AN INDIVIDUAL BASIS ONLY; CLASS ARBITRATIONS, CLASS ACTIONS, AND PRIVATE ATTORNEY GENERAL ACTIONS ARE NOT PERMITTED. You may opt out of arbitration within 30 days of first accepting these Terms by emailing support@seabird.biz with your name and account email stating you opt out. Arbitration will be conducted in Maryland, unless otherwise agreed or required by law. For clarity, this Section addresses procedural rights only and does not waive any non‑waivable substantive rights or remedies under applicable law.
Subject to the foregoing, the exclusive venue for any permitted court action will be the state or federal courts located in Maryland, and you consent to the jurisdiction of those courts.
We will not be liable for any delay or failure to perform due to events beyond our reasonable control, including acts of God, labor disputes, internet failures, power outages, cyberattacks, or actions of government.
We may provide notices to you by email, in‑app messages, or by posting to the Service. You agree to keep your email address current. Legal notices to SeaBird must be sent to the address on our website and to support@seabird.biz.
Your use of the Service is subject to our Privacy Policy. By using the Service, you consent to the collection and use of your information as described there. You are responsible for securing your own devices, accounts, and data used in connection with the Service.
Initial and update consent flow. On your first logon—and whenever we update these Terms or our Privacy Policy—you will be presented with an in‑account dialog linking to the current Terms and Privacy Policy. You must check a box affirming that you have read, understand, and agree to the Terms to continue. Access to material updates will be conditioned on affirmative acceptance. If you do not agree, you may not use the Service.
Recordkeeping. When you accept, we will create a timestamped record associated with your account that includes your name or username, IP address, the versioned copy of the Terms and Privacy Policy presented, and the date and time of acceptance. As changes occur, new records will be created and prior records will be maintained.
Inactive free accounts without an active subscription. Accounts that do not have an active paid subscription and have not been logged into within the last three hundred sixty‑five (365) consecutive days are subject to cancellation and may be terminated. Upon termination, all associated data may be permanently removed to the fullest extent permitted by applicable law.
Retention limits and legal requirements. We may retain certain information as required to comply with legal obligations, resolve disputes, maintain security, prevent fraud and abuse, or enforce our agreements. Backups and residual copies may persist for a limited period. Nothing in this Section limits your obligations in Section 13 to export your data prior to termination.
These Terms are the entire agreement between you and SeaBird regarding the Service and supersede prior agreements. If any provision is found unenforceable, the remaining provisions will remain in full force. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. No waiver is effective unless in writing and signed by us. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and SeaBird.
SeaBird Solutions, LLC
Email: support@seabird.biz
Consumer Notice: Certain provisions (like arbitration or limits on liability) may not be enforceable in some jurisdictions. Nothing in these Terms is intended to limit rights that cannot be waived under applicable law.