Terms of Service

These Terms of Service set out the agreement between you and Hustlr Pty Limited ("Hustlr", "we", "us") for your use of the Earlybird Chrome extension and the earlybirdapp.xyz website (together, "Earlybird"). By installing Earlybird or creating an account, you agree to these terms. If you do not agree to them, please do not use Earlybird.

Earlybird is not affiliated, associated, authorised, endorsed by, or in any way officially connected with LinkedIn Corporation. "LinkedIn" is a registered trademark of LinkedIn Corporation, used here only to describe the website Earlybird works with.

1. Who these terms are between

Earlybird is provided by Hustlr Pty Limited, an Australian company. In these terms, "you" means the person using Earlybird. If you are using Earlybird on behalf of a company, you confirm that you have authority to accept these terms for that company.

You must be at least 16 years old to use Earlybird, which is the same minimum age as the professional network it works with. If you are under 18, a parent or guardian must agree to these terms and be responsible for any payment.

2. What Earlybird is

Earlybird is a personal analytics and content-discovery tool. It adds a panel to linkedin.com that shows you posts gaining traction, keeps a record of how your own posts and comments performed, and tracks your follower growth over time.

Earlybird reads what LinkedIn has already sent to your browser while you browse normally. It also keeps your own figures up to date while you have LinkedIn open to keep your own data complete. Everything it reads is information your own account can already see.

It is just as important to be clear about what Earlybird does not do:

• It does not act in your name. It does not post, comment, react, follow, connect, or message on its own, and nothing appears under your name on LinkedIn unless you wrote it and sent it yourself.
• It does not ask for or store your LinkedIn password, and it cannot read your private messages.
• It does not browse on your behalf. Apart from keeping your own figures up to date as described above, it reads only pages you visit yourself.
• It runs on linkedin.com and nowhere else. It does not see your activity on any other website.

3. Your LinkedIn account is your responsibility

Earlybird works alongside LinkedIn, but we have no relationship with LinkedIn and no control over it. Your LinkedIn account is governed by your agreement with LinkedIn, not by us.

You agree that:

• You will comply with LinkedIn's own User Agreement and policies while using Earlybird.
• You are responsible for what you post and comment on LinkedIn, including anything you write after finding a post through Earlybird.
• We are not responsible for any action LinkedIn takes against your account, including restriction or suspension.

4. Your Earlybird account

You need an Earlybird account to use the extension. You may create one with an email address and password, or by signing in with Google.

You agree to give accurate details when you sign up, to keep your password confidential, and to tell us promptly at [email protected] if you think someone else has access to your account. You are responsible for activity that happens under your account.

A subscription covers one person, not one computer. You may install Earlybird on every computer you use LinkedIn on at no extra cost. You may not share your account with anyone else.

You can delete your account at any time from inside the extension, under Settings, and your personal data is removed from our servers when you do. How we handle your information is set out in our Privacy Policy, which forms part of these terms.

By creating an Earlybird account you agree to receive occasional product emails from us: tips on using Earlybird, new features, and offers on your own subscription. Every one of them has an unsubscribe link and you can opt out at any time, in one click, without affecting your account. Service emails such as password resets, trial reminders and billing notices are part of running your account and are sent whether or not you are subscribed to product emails.

5. The free trial

New accounts get a 7 day free trial with full access to every feature. We do not ask for a credit card to start the trial, and nothing is charged when it ends. Your access simply stops until you choose to subscribe.

One trial is available per account. Creating additional accounts to obtain further trials is not permitted, and we may end the trials on any accounts we believe were created for that purpose.

We may vary or withdraw the free trial for new sign-ups at any time. Doing so does not affect a trial that has already started.

6. Subscriptions, payment and renewal

Earlybird is offered as a single plan with two billing periods. Current prices are shown on the pricing section of this site and are in US dollars. Prices exclude any taxes that apply where you live, which are added at checkout where required.

• Monthly subscriptions renew every month.
• Yearly subscriptions renew every twelve months.

Subscriptions renew automatically at the end of each billing period, at the price then shown for your plan, until you cancel. By subscribing, you authorise us to charge your payment method for each renewal.

Payment is handled by Stripe, Inc. We never receive or store your full card number. Stripe's handling of your payment details is governed by the Stripe Privacy Policy.

If we change the price of a plan, we will tell you before the change takes effect, and the new price applies from your next billing period. If you do not want to continue at the new price, you can cancel before it applies.

If a payment fails, we may suspend your access until payment succeeds. You can change your plan at any time from inside the extension, under Settings. Moving to a higher plan, or from monthly to yearly billing, takes effect straight away, and we charge the difference for the rest of your current billing period at that time. Moving to a lower plan, or from yearly to monthly billing, takes effect at the end of the period you have already paid for, and you keep your current plan until then.

7. Cancelling

You can cancel at any time from inside the extension, under Settings. Cancelling stops the next renewal.

When you cancel, you keep full access until the end of the period you have already paid for. We do not charge a cancellation fee and we do not require notice.

8. Refunds

If you subscribe to a yearly plan, you can ask for a full refund within 7 days of that payment for any reason. Email [email protected] from the address on your account and we will refund the payment and end the subscription. The same 7 day window applies to each yearly renewal payment.

Monthly payments are not refundable, because the free trial is there to let you decide before you pay anything, and you can cancel a monthly plan at any time to prevent the next charge.

Nothing in this section limits your rights under the Australian Consumer Law or any other consumer law that applies to you. Those rights are described in section 15.

9. Promotional codes and extended trials

We sometimes issue codes that add free time to an account, and we sometimes give invited testers a longer trial. These are a courtesy, not part of what you have paid for.

Unless we say otherwise when we issue it, a code can be redeemed once per account, adds its free time on top of any trial time you have left, and has no cash value. We may withdraw or change a code before it is redeemed, and we may cancel free time obtained by sharing a code that was meant for one person.

10. Acceptable use

We grant you a personal, non-exclusive, non-transferable licence to use Earlybird while your account is in good standing. That licence does not extend to any of the following, and you agree not to:

• Resell, sublicense, rent, or share your access with anyone else
• Copy, modify, decompile, or reverse engineer any part of Earlybird, except where the law says you may
• Work around any limit, security measure, or entitlement check
• Use Earlybird to build or improve a competing product
• Extract data from Earlybird in bulk, or use it as a source for a separate database or resale
• Combine Earlybird with automation software that posts, comments, reacts, follows, or connects on your behalf
• Use Earlybird to harass, deceive, or impersonate anyone, or for any unlawful purpose
• Interfere with our systems, or with anyone else's use of Earlybird

11. When LinkedIn changes

Earlybird reads pages that LinkedIn builds and controls. LinkedIn redesigns its site regularly and without notice to us. When it does, parts of Earlybird can stop working, show incomplete figures, or need to be rebuilt.

We monitor for these changes and fix what we can, usually quickly. You should understand and accept before subscribing that:

• We cannot promise that any particular feature will keep working, because that depends on decisions LinkedIn makes.
• If LinkedIn changes in a way that makes a feature permanently impossible to provide, we will tell you, and section 12 explains what happens next.

Figures shown in Earlybird come from what LinkedIn displays. Where LinkedIn's own numbers are delayed, rounded, or revised, Earlybird's will be too.

Interruptions of this kind are not grounds for a refund. A feature that breaks after a LinkedIn change, and the time we take to rebuild it, do not entitle you to a refund or a credit. There is one narrow exception, for an outage long enough that you were not really getting the product you paid for.

If the core feature is completely unavailable for more than 21 consecutive days, you may cancel and we will refund the unused part of your current billing period on a pro rata basis. For this section:

• The core feature is the momentum board, meaning the board of posts gaining traction. It is the only feature this section applies to. Everything else in Earlybird, including saved posts and the comment, post and follower analytics, is outside it.
• Completely unavailable means the board does not work at all. A board that is slower, partly degraded, or showing fewer posts than it used to is not unavailable.
• The 21 days run from the date we confirm the outage, or from the date you report it to us, whichever comes first.

12. Changes to Earlybird

We improve Earlybird continuously, so features are added, changed, and occasionally removed. We will not remove something significant that you are paying for without telling you first.

If we discontinue Earlybird altogether during a period you have paid for, we will refund the unused part of your subscription on a pro rata basis.

Changing or removing an individual feature is not a refund event on its own, whether we do it by choice or because of a LinkedIn change. Section 11 sets out the one situation where a feature becoming unusable does give you a right to a refund.

13. Your data and your content

The data Earlybird records about your LinkedIn activity remains yours. You grant us only the permission we need to store it, process it, and show it back to you, which is what makes the product work. We do not sell it and we do not use it for advertising.

Our Privacy Policy explains in full what is collected, where it is stored, who it is shared with, and how to have it deleted. Please read it, because it forms part of this agreement.

If you send us feedback, a bug report, or a feature idea, we may use it freely to improve Earlybird without owing you anything for it. We will never publish your name alongside it without asking you first.

14. Our intellectual property

Earlybird, including the extension, the website, the name, the logo, and everything we have written to build them, belongs to Hustlr. These terms give you permission to use Earlybird, and nothing more. LinkedIn's trademarks belong to LinkedIn Corporation, and are used on this site only to describe what Earlybird works with.

15. Australian Consumer Law and your rights

If you are a consumer in Australia, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure, and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the services remedied if they are not of acceptable quality and the failure does not amount to a major failure.

Nothing in these terms excludes, restricts, or modifies those guarantees. Where the law allows us to limit our liability for breaching one of them, we limit it to supplying the services again, or paying the cost of having them supplied again.

If a consumer law in your own country gives you rights that cannot be excluded, those rights apply to you as well, and sections 16 and 17 are read subject to them.

16. Availability and disclaimers

We work to keep Earlybird available and accurate, but we provide it on an "as is" basis. Subject to section 15, we do not warrant that it will be uninterrupted, error free, or compatible with every browser or setup, and we do not warrant any particular result from using it.

Earlybird helps you find conversations worth joining. It does not promise reach, followers, leads, or business outcomes. What you get from LinkedIn depends on what you write and on how LinkedIn distributes it, and neither of those is within our control.

Earlybird is a desktop Chrome extension. It requires a compatible Chromium browser on a Mac or Windows computer, and does not work on mobile browsers.

17. Limitation of liability

Subject to section 15, and to the extent the law allows:

• We are not liable for indirect or consequential loss, including lost profit, lost revenue, lost opportunity, lost data, or damage to reputation.
• Our total liability to you for all claims connected with Earlybird is limited to the amount you paid us in the twelve months before the claim arose.
• If you have never paid us anything, our total liability is limited to one hundred Australian dollars.

These limits reflect the price of the product and the fact that Earlybird depends on a platform we do not control. They do not apply to liability that cannot be limited by law, including for fraud or for death or personal injury caused by our negligence.

18. Indemnity

You agree to reimburse us for any loss, cost, or claim we suffer because you broke these terms, misused Earlybird, broke LinkedIn's rules, or infringed someone else's rights. This does not apply to anything caused by us.

19. Suspension and termination

You can stop using Earlybird at any time by cancelling your subscription and deleting your account.

We may suspend or close your account if you seriously or repeatedly break these terms, if payment fails and stays unpaid, if we are required to by law, or if we reasonably believe your use puts our service or other users at risk. Where the circumstances allow it, we will warn you first and give you a chance to put things right.

If we close your account for a reason that is not your fault, we will refund the unused part of your subscription. If we close it because you broke these terms, we are not obliged to.

When your account closes, your access ends and your personal data is deleted as described in the Privacy Policy.

20. Changes to these terms

We may update these terms as Earlybird changes or as the law requires. The "Last updated" date at the top of this page always shows the current version.

If a change materially affects your rights, we will tell you by email or in the extension before it takes effect, and give you at least 30 days notice. If you do not accept the change, you can cancel before it applies and we will refund the unused part of your current period. Continuing to use Earlybird after a change takes effect means you accept it.

21. Governing law

These terms are governed by the laws of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of New South Wales.

If you are a consumer somewhere else, this does not take away the protection of any mandatory law of the country you live in, or your right to bring a claim there.

If you have a problem, please email us first at [email protected]. Almost everything is faster to resolve that way than through a court.

22. General

• These terms, together with the Privacy Policy, are the entire agreement between us about Earlybird.
• If any part of these terms is found to be unenforceable, the rest continues to apply.
• If we do not enforce a right straight away, we do not give it up.
• You may not transfer your rights under these terms to anyone else. We may transfer ours if our business is sold, and your rights are not reduced if we do.
• Neither of us is responsible for a failure to perform caused by something genuinely outside our control, such as an internet or hosting outage.

23. Contact us

Questions about these terms, refunds, or your account:

Hustlr Pty Limited
[email protected]