Please carefully read these terms of use (“Terms of Use”) and Privacy Statement before using our or our affiliates’ websites and any services made available by us or our affiliates via our website(s) (collectively, the “Site”) . These Terms of Use govern your use of the Site. By accessing, using, downloading, or logging into the Site, you agree to these Terms of Use and you represent that you are of legal age to agree to these Terms of Use, and the Privacy Statement.

We may change these Terms of Use at any time in our sole discretion without prior notice. Any changes to these Terms of Use will be in effect as of the “Last Updated” date referenced above. If you do not agree to the changes, you shall immediately stop using or logging into the Site. 

We and our affiliates offer a wide variety of products and services that require additional terms and conditions. Your use of those  products and services provided by us or our affiliates  are pursuant to a separate agreement (“General Terms Agreement”). The General Terms Agreement  forms part of your agreement with us or our affiliates (as applicable). If these Terms of Use are inconsistent with the General Terms Agreement with respect to those products and services, the General Terms Agreement will control.

Access and Use of the Site
When you access or use the Site, you agree to use the Site only for purposes that are permitted by these Terms of Use and any applicable law, regulation, or generally accepted practices or guidelines in relevant applicable jurisdictions. Also, you agree that you are solely responsible for any breach of your obligations under these Terms of Use and for the consequences of any such breach. 

As a condition of your use of the Site, you warrant to us that you will not use the Site for any purpose that is unlawful or otherwise prohibited by these Terms of Use. Whether on behalf of yourself or on behalf of any third party, you agree not to:

To access certain services, features, portions, or content on the Site, you may be required to create an account and specify a password. To create an account, you must be at least 18 years old and you must provide complete, and accurate information. Do not impersonate any person or entity in connection with the Site or your account. If your information changes at any time, it is your responsibility to update your account to reflect those changes.

In some cases, an account may be assigned to you by an administrator, such as your employer. In such cases, additional terms may apply to your use of the Site, and the administrator of your account may be able to access or disable your account without our involvement.

Except as expressly permitted under these Terms of Use, you may not share your account with anyone else. You are responsible for maintaining the confidentiality of and preventing the unauthorised use of your account information and for all activities that occur under your account. We reserve the right to suspend, disable, deactivate, or block your account at any time. Where you have entered into a General Terms Agreement, we will do so in accordance with the General Terms Agreement.

Except as may otherwise be provided, the Site and the content included in or made available through the Site, such as text, graphics, logos, images, sounds, videos, digital downloads, data compilation, software, and documents, are our exclusive property and/or that of our licensors and content providers, and are protected by international intellectual property laws. All rights, title and interest not expressly granted with respect to the Site and content provided on or made available through the Site are reserved and retained by us and our licensors and content providers. 

If you believe that your intellectual property rights are being infringed on the Site, please immediately contact us at legalnotice@bird.com.

Where we or our affiliates collect information about you on a Site, this is subject to the Privacy Statement.

The Site may contain links to third party websites. That doesn’t mean we control or endorse those websites, or any goods or services sold on those websites. Similarly, the Site may contain advertisements from third parties. We do not control or endorse any products being advertised. USE OF THIRD PARTY SITES IS AT YOUR OWN RISK AND IS SUBJECT TO ANY TERMS, CONDITIONS, AND POLICIES APPLICABLE TO SUCH THIRD PARTY SITES AND, WHERE APPLICABLE, PURSUANT TO THE GENERAL TERMS AGREEMENT.

Your use and access to the Site may be subject to delays, limitations, and other problems inherent in the use of the internet and electronic communications. We are not responsible for any delays, failures, or other damage resulting from such problems.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OF USE, TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER WE NOR OUR  AFFILIATES, AGENTS OR SERVICE PROVIDERS MAKE ANY SPECIFIC PROMISES ABOUT THE SITE. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PROGRAMS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. THE SITE IS MADE AVAILABLE  ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE AND OUR AFFILIATES EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PROGRAMS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE.

Limitation of Liability for the Site 

TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR ANY DAMAGES OF ANY KIND ARISING FROM YOUR ACCESS OR USE OF THE SITE OR ANY THIRD PARTY’S USE OF THE SITE. IF YOU HAVE A SEPARATE GENERAL TERMS AGREEMENT WITH US, THE PROVISIONS OF THAT AGREEMENT MAY ALSO APPLY. 

These Terms of Use and any dispute under these Terms of Use or the Site shall be governed by the law of the Netherlands, without regard to any conflict of laws rules. You expressly agree that the courts located in Amsterdam, Netherlands have exclusive jurisdiction for any claim or dispute under these Terms of Use and/or your use of the Site. To the greatest extent permitted under applicable law, you and we agree that neither party can bring a dispute as a plaintiff or member in a class action.

If you want to notify us or our affiliates of any legal claims or actions under these Terms of Use, please notify us (i) via email at legalnotice@bird.com; or (ii) via physical mail at Postbus 14674, 1001 LD Amsterdam, The Netherlands with a PDF copy to legalnotice@bird.com. 

Additional Details
If you do not comply with these Terms of Use, and we do not take immediate action, that does not mean we or our affiliates are giving up any rights we may have to take action in the future.

If it turns out that a particular provision in these Terms of Use is not enforceable or valid, that will not affect any other provision in these Terms of Use. 

We reserve the right to modify the Site at any time without notice to you. For example, we may add or remove functionality or features to the Site, or we may suspend or stop a particular feature or the Site altogether. We also reserve the right to charge a fee for any of the Site’s features at any time. If you don’t like any changes, you can stop using the Site at any time.

Who we are
References to “we”, “us” and “our” means MessageBird B.V with registered business address at Keizersgracht 268, 1016 EV, Amsterdam, The Netherlands (KvK 51874474), and to its affiliates as applicable. All postal correspondence should be sent to Postbus 14674, 1001 LD Amsterdam, The Netherlands, with a PDF copy to legalnotice@bird.com.