PLATFORM TERMS OF SERVICE

Last Updated: September 15, 2026
Version Reference: 1.2.0

These Platform Terms of Service ("Agreement") constitute a legally binding contract between BirdBreeders.com, LLC ("Company", "we", "us", or "our") and the user ("User", "you", or "your"), whether acting as a bird buyer ("Buyer") or a verified bird breeder/seller ("Breeder"). This Agreement governs your access to and use of BirdBreeders.com and its associated services (collectively, the "Platform").

1. ACCEPTANCE OF TERMS VIA INTERFACE

You expressly acknowledge and agree to be bound by this Agreement by checking the box labeled "I accept the Platform Terms of Service" during your registration, account onboarding, or checkout flow. If you do not click to accept these terms via the Platform interface, you are strictly prohibited from utilizing any marketplace features, listing aviary stock, or completing transactions.

2. THE VETTED BREEDER NETWORK & LIMITATION OF ROLES

2.1 Administrative Screening Only. BirdBreeders.com, LLC operates a highly selective marketplace, historically admitting approximately ten percent (10%) of breeder applicants based solely on initial breeder registration review. You acknowledge that this screening is an administrative gatekeeping measure intended to reduce platform fraud.
2.2 Facilitator Status. BirdBreeders.com, LLC is a third-party marketplace facilitator and is not a party to any contract of sale, transfer, or health guarantee. We do not inspect, quarantine, DNA test, vet-check, hold, or ship live animals. The contract of sale is established strictly and directly between the Buyer and the Breeder.

3. LIVE AVIAN RULES & CRITICAL TERMINOLOGY

3.1 Strict Weaning Mandate. All birds listed, offered, or sold on the Platform must be fully weaned and independently eating solid food at the time of physical transfer.

• "Hand Fed" Permitted: Listings may display the "Hand Fed" attribute, which refers exclusively to a fully weaned bird that was raised and socialized by hand to ensure tameness.
• "Hand-Feeding Candidates" Prohibited: Breeders are strictly prohibited from listing, selling, or shipping unweaned chicks, eggs, or "hand-feeding candidates" requiring liquid formula, crop-feeding, or hand-rearing by the Buyer.

3.2 Zero-Tolerance Enforcement. Any Breeder found listing an unweaned bird or misrepresenting weaning status will face an immediate, permanent, non-appealable lifetime account ban. BirdBreeders.com, LLC reserves the right to demand a timestamped video clip showing the bird eating independently to resolve any dispute.
3.3 Cross-Border Compliance. Buyers and Breeders are jointly responsible for ensuring compliance with all local, state, and international wildlife regulations, including but not limited to CITES permits, USDA import requirements, and Canadian Food Inspection Agency (CFIA) documentation.

4. STRIPE STANDARD CONNECT & 2.5% FEE STRUCTURE

4.1 Direct Financial Relationship. All payment processing services on the Platform are provided by Stripe via Stripe Standard Connect and are subject to the Stripe Connected Account Agreement. When a Buyer initiates a payment, funds flow directly into the Breeder’s independent, merchant-owned Stripe account.
4.2 Platform Immunity From Financial Loss. BirdBreeders.com, LLC does not hold, manage, or escrow funds. The Breeder is exclusively responsible for all transaction disputes, credit card chargebacks, processing fees, and financial reversals.
4.3 Application Fee. In consideration for operating the marketplace interface, BirdBreeders.com, LLC assesses a two and one-half percent (2.5%) marketplace facilitation fee ("Application Fee"). This fee is automatically deducted via Stripe Direct Charges from either:

• The initial deposit payment, or
• The payment in full at checkout.

4.4 Application Fee Non-Refundability. The 2.5% Application Fee is considered fully earned by BirdBreeders.com, LLC upon successful processing of the checkout transaction. It is legally non-refundable to either party, even if the Buyer and Breeder subsequently agree to cancel the sale, return the bird, or forfeit a deposit.

5. LISTING INTEGRITY & CONTACT INFORMATION

5.1 Intended Use of Fields. Every field on the Platform, including listing descriptions, species, age, price, photos, video links, company names, logos, and profile descriptions, must be used only for the purpose its label describes. BirdBreeders.com, LLC decides, in its sole discretion, whether a field has been used for any other purpose.
5.2 Contact Information. Breeders may enter contact information only in the Platform’s designated contact fields. A telephone number, email address, website address, social media handle, or any other way to reach the Breeder placed in any other field, or shown in any photo, image, or video, is a prohibited attempt to circumvent the Platform. BirdBreeders.com, LLC alone decides which contact information is displayed, where, and to whom, and may change this at any time without notice.
5.3 Photos. Breeders may upload only photos they own or have permission to use. A Breeder may watermark photos with their business name to deter image theft, provided the watermark contains no contact information.
5.4 Availability. A listing may not be marked as sold in its text. When a bird is no longer available, the Breeder must remove the listing.
5.5 Automated Review. Listings are checked automatically when saved and periodically afterward. A listing that appears to violate this Section may be hidden from search results and listing pages, without notice, until it is corrected.

6. SUSPENSION, REMOVAL & TERMINATION

6.1 Sole Discretion. BirdBreeders.com, LLC may edit, hide, or remove any listing or content, and may suspend, restrict, or permanently terminate any account, at any time, for any reason or no reason, with or without notice. Admission to the Vetted Breeder Network described in Section 2 is a privilege that may be withdrawn at any time.
6.2 Violations. Without limiting Section 6.1, any violation of Section 5 may result in immediate removal of the affected listings and suspension or termination of the account.
6.3 Fees After a Violation. If an account is suspended or terminated because of a violation of this Agreement, including Section 3 or Section 5, membership fees already paid are not refunded, and a suspension does not pause or extend a paid membership term.
6.4 Termination for Any Other Reason. If BirdBreeders.com, LLC terminates an account for a reason other than a violation of this Agreement, it will refund the unused portion of any prepaid membership fee, prorated from the date of termination. In every case, termination cancels recurring membership billing, and Application Fees remain non-refundable under Section 4.4.

7. ABSOLUTE LIMITATION OF LIABILITY

In no event shall BirdBreeders.com, LLC, its officers, directors, or employees be liable for any damages resulting from live animal transactions, including but not limited to avian illness, viral outbreaks (e.g., PBFD, Chlamydia, Psittacosis), transit stress, death in transit, or genetic misrepresentation. Our total liability for any claim arising out of this Agreement shall not exceed Five Hundred Dollars ($500.00 USD) or the total Application Fees retained by us from your transactions over the three (3) months preceding the claim, whichever is less.

8. GOVERNING LAW AND JURISDICTION

This Agreement, and all claims or disputes arising out of or relating to your use of the Platform, shall be governed by, interpreted under, and enforced in accordance with the laws of the State of Georgia, without regard to its conflict of law principles. Any legal action, suit, or proceeding arising out of this Agreement must be instituted exclusively in the state or federal courts located in Fulton County, Georgia.

Acceptance record version: 1.2.0+205ecdb492e6