Bird.Money

Bird.Money Terms of Use

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:

  1. will only use the Services and the Site for lawful purposes and in accordance with these Terms;
  2. 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:

  1. Use the Site for any purpose that is unlawful;
  2. 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.
  3. Export or transfer any Bird technology in violation of applicable laws or regulations;
  4. Infringe upon any intellectual property or other third-party right, or commit a tort while using the Site;
  5. 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;
  6. 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:

  1. That any Smart Contracts you interact with are entirely your own responsibility and liability, and that Bird is not party to the Smart Contracts;
  2. 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;
  3. 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;
  4. 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:

  1. you assume all risk in connection with your access and use of the Site, the Application and the Smart Contracts;
  2. 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.