Terms and Conditions
Last Updated: December 17, 2025
1. Acceptance of Terms
By accessing or using Birdcluster, including its websites, messaging services, conversational systems, and digital content (collectively, the “Platform”), you agree to be legally bound by these Terms & Conditions (“Terms”).
If you do not agree, do not use the Platform.
2. Adults Only – Mandatory Age Requirement
Birdcluster is intended exclusively for adults.
By using the Platform, you explicitly represent and warrant that:
You are 18 years of age or older (or the legal age of majority in your jurisdiction, whichever is higher).
You are legally capable of entering into binding agreements.
You are not accessing the Platform on behalf of a minor.
Birdcluster does not knowingly provide services to minors and disclaims all liability arising from false age declarations.
3. Nature of the Platform (Critical Disclaimer)
Birdcluster is a digital platform for daily emotional and spiritual accompaniment, delivered through written messages, reflections, questions, and conversational interactions.
Birdcluster is NOT:
Medical advice
Mental health treatment
Psychotherapy or counseling
Psychiatric care
Crisis intervention
A healthcare service
A substitute for licensed professionals
All content is informational, reflective, educational, and supportive only.
4. No Medical, Therapeutic, or Professional Relationship
Use of Birdcluster does not create any of the following:
Doctor–patient relationship
Therapist–client relationship
Counselor–patient relationship
Fiduciary duty
Professional advisory relationship
Birdcluster does not diagnose, treat, cure, prevent, or manage any medical or psychological condition.
If you require medical, psychological, psychiatric, or emergency assistance, you must seek help from qualified professionals or emergency services immediately.
5. User Responsibility & No Reliance
You acknowledge and agree that:
You are solely responsible for your mental, emotional, physical, and spiritual well-being.
Any decisions or actions you take are entirely your own.
Content provided by Birdcluster is not instruction, direction, or prescription.
You agree not to rely on Birdcluster for health, mental health, medical, legal, financial, or safety-related decisions.
6. AI, Automation & Content Limitations
Birdcluster uses automated systems and artificial intelligence to generate and deliver content.
You understand and accept that:
Responses are generated algorithmically and may be imperfect, incomplete, or inaccurate.
Content does not reflect human judgment or professional opinion.
Birdcluster does not guarantee correctness, relevance, or suitability for your circumstances.
7. Limitation of Liability (Maximum Extent)
To the maximum extent permitted by law, Birdcluster and its founders, directors, officers, employees, contractors, affiliates, and licensors shall not be liable for:
Any direct or indirect damages
Emotional distress or psychological harm
Loss of data, revenue, or opportunities
Personal decisions or interpretations
Service interruptions or failures
Any reliance on Platform content
Your sole remedy is to discontinue use of the Platform.
8. Indemnification
You agree to fully indemnify and hold harmless Birdcluster from any claims, damages, liabilities, costs, or legal fees arising from:
Your use or misuse of the Platform
Your violation of these Terms
Any claim related to your mental, emotional, or physical state
9. Voluntary Use & Termination
Use of Birdcluster is entirely voluntary.
Birdcluster may suspend or terminate access at any time, without notice or liability.
10. Governing Law & Jurisdiction
These Terms are governed by the laws of [INSERT JURISDICTION], without regard to conflict-of-law principles.
11. Final Acknowledgment
By using Birdcluster, you explicitly acknowledge that:
You are an adult
The Platform is not therapy or healthcare
You assume full personal responsibility
You release Birdcluster from liability to the fullest extent allowed by law
Policy
Key Principles
Data minimization
Explicit consent
No sale of personal data
No sensitive medical data storage
What We Collect
Contact information (e.g., phone number, email)
Language and interaction preferences
Usage data (non-sensitive)
What We DO NOT Collect
Medical records
Diagnoses
Clinical mental health data
Emergency or crisis data
WhatsApp & Third Parties
Birdcluster uses WhatsApp Business API and AI providers to deliver messages.
Messages may be processed by third-party infrastructure solely to operate the Platform.
User Rights (GDPR / CCPA)
You have the right to:
Access your data
Request deletion
Withdraw consent
Request correction
Requests can be made at: admin@birdcluster.com”
Conversation Data & Confidentiality
Birdcluster is designed with privacy-by-design and data minimization principles.
We do not store full conversation histories.
To provide short-term continuity and personalization, the Platform temporarily retains:
A limited number of recent messages (up to a small, fixed amount)
A compressed rolling summary generated automatically
No long-term chat transcripts
All conversational data is:
Stored securely
Automatically deleted after a short retention period
Never used for profiling, diagnosis, or advertising
Messages and summaries are retained only for operational purposes and are not permanent records.
Automatic Deletion & Retention Limits
Recent message data is automatically deleted after a short period.
Summarized memory is automatically removed after a limited timeframe or inactivity.
Older data is continuously overwritten or erased.
Birdcluster does not maintain long-term archives of user conversations.
User Control & Right to Erasure
Users have full control over their data.
At any time, users may request to:
Delete conversation history
Reset conversational memory
Permanently delete their account and associated data
Once deletion is requested, data is irreversibly erased from Birdcluster systems, subject only to minimal legal or operational requirements.
No Storage of Sensitive Health Data
Birdcluster does not store:
Medical records
Diagnoses
Clinical mental health data
Crisis or emergency records
Users are discouraged from sharing sensitive or identifying health information.
AI Disclosure
Birdcluster provides AI-assisted conversational content.
By using the Platform, you acknowledge that:
You are interacting with an automated system
Responses are not human judgment
Content is not professional advice
The Platform is not designed for emergencies or crises
Birdcluster is a supportive digital experience, not a decision-making authority.
