These terms form an agreement between you and [TO FILL: developer name] ("we", "us") about your use of First Bird (the "app").
By downloading, registering for, or using the app, you confirm that you have read, understood, and agree to be bound by these terms. If you do not agree, please do not use the app.
1. What the service is
The app is a voice-only social product. You record voice messages and send them into a public pool; other users receive them at random and listen. When someone replies to you with their voice, a private one-to-one chat is created between you. The app does not support text messages.
The app is provided as it is, and we may add, change, or remove features at any time.
2. Age requirement
You must be at least 16 years old to use the app. Where your local law sets a higher age of consent, that higher age applies.
By registering you represent and warrant that you meet this requirement. We close accounts we find to be under age.
3. Your account
- The app signs you in with your email address and a one-time code, so you need an address you can actually receive mail at.
- You are responsible for everything that happens through your account, so keep access to your email secure.
- One account per person. Do not transfer, sell, or lend your account to anyone.
- You can delete your account at any time from within the app — see the account deletion page.
4. Your content
The recordings you make are yours. We claim no ownership of your content.
So that the app can function, you grant us a non-exclusive, royalty-free, worldwide licence to store, copy, and transmit your recordings and to distribute them to other users of the app for listening. This licence is strictly limited to what is necessary to provide the service and ends when your content is deleted (the fact that other users have already heard it cannot be undone).
You represent and warrant that you hold all rights necessary to publish the content and that it infringes no third party’s rights.
5. Conduct: zero tolerance for objectionable content
We have a zero-tolerance policy for objectionable content and abusive behaviour. You must not publish, transmit, or otherwise make available recordings containing:
- Pornographic or sexually suggestive content, or sexual harassment of any kind.
- Any sexualised content involving minors — such accounts are banned immediately and reported to the authorities as required by law.
- Violent or graphic content, or threats, intimidation, or stalking of another person.
- Hate speech or discrimination based on race, ethnicity, nationality, religion, sex, sexual orientation, disability, or any other protected characteristic.
- Bullying, personal attacks, or malicious humiliation.
- Spam, advertising, scams, pyramid schemes, or phishing links.
- Another person’s private information published without their consent (doxxing).
- Anything that breaks applicable law, or encourages others to do so.
- Impersonation of another person, or false statements about your association with a person or organisation.
You must also not attempt to bypass the app’s technical limits, register accounts in bulk, scrape content with automated tools, or otherwise interfere with the app’s normal operation.
6. Reporting, blocking, and enforcement
Every message you receive can be reported. Choose report on the playback screen and pick a reason (sexual content, violence, spam, advertising, or other); you can add details as well.
We commit to reviewing reports within 24 hours of receiving them. Content confirmed to violate section 5 is removed, and the account that posted it is suspended or closed — permanently, in serious cases.
You can also block a user, after which you will receive no further messages from them.
We reserve the right to remove any content, or suspend or terminate any account, at our discretion and without prior notice.
7. Suspension and termination
If you breach these terms we may suspend or terminate your account without prior notice. Once your account is terminated, your right to use the app ends immediately.
You may stop using the app and delete your account at any time. We may also discontinue all or part of the app, with notice where reasonable.
After deletion or a ban, we retain an irreversible hash derived from your email address, as described in the privacy policy, to prevent ban evasion.
8. Disclaimer
The app is provided on an "as is" and "as available" basis, without warranties of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.
Content in the app is generated by users. We are not responsible for the accuracy, legality, or appropriateness of recordings posted by other users, nor for interactions between users. You interact with other users at your own risk.
We do not warrant that the app will be uninterrupted or error-free, or that defects will be corrected.
9. Limitation of liability
To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the app, including loss of data, profits, or goodwill.
The app is currently free. In any event, our total cumulative liability under these terms will not exceed the amount you actually paid for the app in the preceding twelve months (zero, if you paid nothing).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain liabilities, so some of the above may not apply to you. Nothing here excludes liability that cannot be excluded by law.
10. Governing law and disputes
These terms are governed by the laws of [TO FILL: country or region], without regard to conflict-of-law rules. Disputes arising from these terms or the app will be submitted to the competent courts of [TO FILL: country or region].
If you are a consumer, nothing here affects rights you have under the mandatory law of your country of residence, including the right to bring proceedings in your local competent courts.
11. Changes to these terms
We may revise these terms. When we make material changes we will update the date on this page and notify you in the app. Continuing to use the app after changes take effect means you accept the revised terms; if you do not accept them, please stop using the app and delete your account.
12. Contact
If you have questions about these terms, contact support@yuxiaohei.com.