Introduction
In these Bird.Money General Terms of Use (“Terms”), “Bird”, "we" and "us" refers to Bird.Money and
its
related software
products. We own and operate the website https://bird.money/ ("the
Site") which serves
as
a front-end to the Bird’s
decentralized technology products. These Terms apply to you (“You”) as a user of the Site and Bird’s
software, including
all the products, services, tools and information made available on the Site.
Please review these Terms carefully before using the Site. These Terms apply to any person accessing
the
Site. By using
the Site you agree to be bound by them. By using the Site in any capacity, you agree that you have
read
and understand
these Terms.
This agreement contains a mandatory individual arbitration and class action/jury trial waiver
provision
that requires
the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class
actions.
You must be willing and capable of forming a legally binding contract online either as an individual
or
on behalf of a
legal entity. You represent that, if you are consenting to be bound by these Terms on behalf of a
legal
entity, you have
the legal authority to do so and can form a legally binding contract online you are at least the age
of
majority where
you reside, and have the full authority to enter into and to abide by the rules contained in these
Terms.
You are advised to check these Terms frequently to review any changes to the Terms. Bird in its sole
discretion,
reserves the right to make changes to our terms of services. Changes are considered in force for all
users of the Site.
They take effect immediately upon posting. As a user, you agree to be bound by any changes to our
terms
and your
continued use of the Site shall constitute acceptance of any such changes.
Site
On the Site, Bird provides access to a decentralized finance application (“Application”) on the
Ethereum
blockchain,
that allows lenders or borrowers of Ethereum assets (“Cryptocurrency assets”) to transact using
smart
contracts (“Smart
Contracts”).
Using the Bird software may require that you pay a fee, such as gas charges on the Ethereum network
to
perform a
transaction. You acknowledge and agree that these fees are not paid to Bird and are out of our
control.
You acknowledge and agree that Bird has no control over any transactions on the Bird Site, the
method of
payment of any
transactions or any actual payments of transactions.
Access to the Bird Site
Access to the Site is provided on a “as is” and “as available” basis only. We do not guarantee the
Site, or any content
on it, in any way. From time to time, access may be unavailable for any reason.
We reserve the right to limit the availability of the site to any person, geographic area or
jurisdiction we so desire
and/or to terminate your access to and use of the Site, at any time and in our sole discretion. If
you
breach these
terms, we may suspend or disable your access to the Site.
Content on the site may change at any time. However, content may be obsolete or irrelevant and we
are
under no
obligation to update it. The Site may contain errors and/or omissions.
If the site is unavailable at any time for any reason and you suffer a loss, we will not be liable
to
you for any damage
under any circumstance.
By using the site, you agree to comply with all applicable domestic and international laws,
statutes,
ordinances and
regulations applicable to your use of the site.
As a condition to accessing or using the the Site, you:
- will only use the Services and the Site for lawful purposes and in accordance with these Terms;
- will maintain the security and confidentiality of access to your cryptocurrency wallet address;
and
As a condition to accessing or using the Site or the Services, you will not:
- Use the Site for any purpose that is unlawful;
- Violate any Applicable Law, including, without limitation, any relevant and applicable
anti-money
laundering and
anti-terrorist financing laws and any relevant and applicable privacy and data collection laws, in
each case as may be
amended.
- Export or transfer any Bird technology in violation of applicable laws or regulations;
- Infringe upon any intellectual property or other third-party right, or commit a tort while using
the
Site;
- Attempt to circumvent any security measures or filtering technology that BIrd employs on the
Site,
or attempt to visit
any part of the Site that you are not authorized for;
- Encourage any third party to engage in any of the activities prohibited under these Terms.
You acknowledge that your use of the Site may present certain risks, including without limitation
the
following risks:
- That any Smart Contracts you interact with are entirely your own responsibility and liability,
and
that Bird is not
party to the Smart Contracts;
- At any time, your access to your cryptocurrency assets may be unavailable or delayed which may
result in the
cryptocurrency assets decreasing in value or other loss;
- If you are a borrower of cryptocurrency assets and if your collateral declines such that your
collateral is no longer
sufficient to secure your borrowed cryptocurrency assets, other users may seize your collateral to
close your
outstanding cryptocurrency asset balance;
- And site and/or application may be suspended or terminated for any or no reason, which may limit
your access to your
cryptocurrency assets.
Accordingly, you expressly agree that:
- you assume all risk in connection with your access and use of the Site, the Application and the
Smart Contracts;
- that you expressly waive and release Bird from any and all liability, claims, or damages that
may
arise from your use of
the Site or any of Bird’s software.
Intellectual Property Rights
We are the sole owner of all intellectual property rights in the Site and the material published on
them. These works
are protected by copyright laws. All rights are reserved.
You will retain ownership of any data you upload or submit to the Site. You grant us a worldwide,
royalty-free,
irrevocable licence to use these data in any manner.
Disclaimers
We do not guarantee that the Site will be secure or free from bugs or viruses
You are responsible for configuring your information technology, computer programs and platform in
order to access the
Site. You should use your own virus protection software.
All content available on the Site is for informational purposes only. In particular, the content
and
materials available
on the Site does not constitute any form of advice or recommendation by us, should not be regarded
as an
offer,
solicitation, invitation or recommendation to buy or sell investments, securities or any other
financial
services and is
not intended to be relied upon by you in making any specific investment or other decisions. We
recommend
that you seek
independent advice from a financial advisor.
Nothing included in the site constitutes an offer or solicitation to sell, or distribution of,
investments and related
services to anyone in any jurisdiction.
General
If any clause or part of any clause of these Terms is found to be unenforceable, then the remainder
of
the terms will
remain in full force and effect.
No single or partial exercise, or failure or delay in exercising any right by us shall constitute a
waiver by us to
release any future rights.
No single or partial exercise, or failure or delay in exercising any right by us shall constitute a
waiver by us to
release any future rights.
