These Terms affect your legal rights and obligations so please read them carefully. If you do not agree to be bound by these Terms, do not download, access, or use the Website. If you have any questions, please contact us. We may amend these Terms from time to time at our discretion. The amended Terms will be effective as soon as they are accessible. You are responsible for regularly reviewing these Terms so that you are aware of any amendments.
2. Birdie Platform
If you wish to book a demonstration of Birdie, you can do so here. The Birdie software is provided under separate terms and conditions. Please Contact Us if you would like a copy of our terms of service or otherwise if you wish to discuss the use of Birdie’s platform with us.
3. Use of the Website
When you use the Website you must comply with all applicable laws. In particular, but without limitation, you agree not to (a) try to gain unauthorized access to the Website or any networks, servers, or computer systems connected to the Website; (b) make for any purpose, including error correction, any modifications, adaptions, additions or enhancements to the Website; (c) reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the Website save to the extent expressly permitted by law; and/or (d) use the Website to provide services to third parties.
4. Links to third-party websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Website links, and that link to the Website.
We do not have any control over those non-Birdie websites and webpages, and cannot be responsible for their content or use. By linking to a non-Birdie website or webpage, Birdie does not represent or imply that it endorses such website or webpage.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. We disclaim any responsibility for any harm resulting from your use of non-Birdie websites or webpages.
We accept no responsibility for adverts contained within the Website. If you agree to purchase goods and/or services from any third party who advertises on the Website, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services, and if you have any questions or complaints in relation to them, you should contact the advertiser.
5. Posting or commenting on the Website/blog
If you comment on a blog post or otherwise make material available on the Website (“Post”), you are entirely responsible for any such Post and any harm resulting from it (whether via text, graphics, audio file, computer software, or otherwise).
Birdie has the right (though not the obligation), at its sole discretion, to (i) refuse or remove any such content that, in Birdie’s reasonable opinion, violates any Birdie policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, at Birdie’s sole discretion.
6. Intellectual Property
Birdie and its licensors shall, as between the parties, remain the owner of all intellectual property rights in Birdie’s brands, trademarks, service marks, logos, services, content, images, algorithms, product development plans, software (including any source code) and any model and insight data.
Your use of the Website grants you no right or license to reproduce or otherwise use any Birdie or third-party trademarks.
The Website contains content, images, and information (“Website Content”). The copyright in the Website Content belongs to Birdie or our licensors. All rights are reserved.
You can view and download the Website Content for your own use, but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever, or use the Website Content without our permission.
7. Warranty and disclaimer
To the extent permitted by law, the Website and the Website Content are provided on an “as is” basis. All implied warranties, representations, terms, and conditions relating to the Website and/or the Website Content, whether implied by statute, common law, or otherwise, including without limitation any warranty, representation, terms, or condition as to the accuracy, completeness, satisfactory quality, performance, fitness for purpose, available and noninfringement are excluded.
If you believe any Website Content infringes your copyrights, you may submit a notice to us including the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of any exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the Website Content that is claimed to be infringing; (d) information reasonably sufficient to enable us to contact you, including your name, email and/or postal address; (e) a statement that you have a good faith belief that use of the Website Content on the Website is not authorized by the copyright owner, its agent and/or the law; and (f) a statement that the information in the notice is accurate and under penalty of perjury, you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We will use reasonable endeavors to make the Website available to you at all times. However, there may be occasions when access to the Website may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
We reserve the right to remove any Website Content from the Website for any reason without notice and shall have no liability or responsibility to you in any manner whatsoever in such circumstances.
If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties, and all other provisions shall remain in full force and effect.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms shall be governed by and construed in accordance with the law of the United States of America and you agree to submit to the exclusive jurisdiction of the U.S. Courts.