Birdcalls Terms of Service
Birdcalls, a Delaware limited liability company (“Company”), welcomes you to Birdcalls.is (“Platform”), an encrypted calling and messaging app. It is important to the Company that you and other visitors have the best experience while using the Platform, and that, when you use the Platform, you understand your legal rights and obligations. Please read this terms-of-service agreement, which is a legal agreement between you and the Company that governs your use of the Platform, including any content, functionality, and services offered on or through the Platform. You may access the Platform only if you agree to this agreement.
Birdcalls is designed to collect or store as little sensitive information as possible. Birdcalls messages and calls cannot be accessed by us or other third parties because they are always encrypted, private, and secure. Our Terms of Service are available below and our Privacy Policy may be found here.
Terms of Service
Birdcalls utilizes state-of-the-art security and encryption to provide private Internet calling, Internet Video calling, messaging and other services to users worldwide. You agree to our Terms of Service (“Terms”) by installing or using our apps, services, or website (together, “Services”).
About our services
Minimum Age. You must be at least 18 years old to use our Services.
Account Registration. To create an account, you must register for our Services with a username and password.
Privacy of user data. Birdcalls does not sell, rent, or monetize your personal data or content in any way – ever.
Please read our Privacy Policy to understand how we safeguard the information you provide when using our Services. For the purpose of operating our Services, you agree to our data practices as described in our Privacy Policy, as well as the transfer of your encrypted information and metadata to countries where we have or use facilities, service providers or partners. Examples would be Third-Party Providers processing your payments and processing your support tickets.
Software. To enable new features and enhanced functionality, you consent to downloading and installing updates to our Services.
Fees and Taxes. You are responsible for data and mobile carrier fees and taxes associated with the devices on which you use our Services.
Using Birdcalls
Our Terms and Policies. You must use our Services according to our Terms and posted policies. If we disable your account for a violation of our Terms, you will not create another account without our permission.
Legal and Acceptable Use. You agree to use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate or infringe the rights of Birdcalls, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, and auto-dialing.
Harm to Birdcalls. You must not (or assist others to) access, use, modify, distribute, transfer, or exploit our Services in unauthorized manners, or in ways that harm Birdcalls, our Services, or systems. For example you must not (a) gain or try to gain unauthorized access to our Services or systems; (b) disrupt the integrity or performance of our Services; (c) create accounts for our Services through unauthorized or automated means; (d) collect information about our users in any unauthorized manner
Keeping Your Account Secure. Birdcalls embraces privacy by design and does not have the ability to access your messages. You are responsible for keeping your device and your Birdcalls account safe and secure.
Recovery Phrase. Your Birdcalls account recovery phrase is the ONLY way to recover your account if you lose your password, and the ONLY way to re-gain access to your account should someone guess your password and log in as you. Keep it somewhere safe, as it will be required for critical actions like restoring account access. Do not lose it! Keep it secret, as anyone who has this card can completely take over your account. Do not store the recovery phrase on your computer, as malware is common and hard drives are unreliable and can be stolen. Never tell anyone your recovery phrase, including anyone at Birdcalls or anyone claiming to be with Birdcalls.
Important note - Customer service cannot help you recover a forgotten password; your recovery phrase is your only option.
Responsibility for Account. You are responsible for all activities under your account. You must notify the Company promptly of any unauthorized use of your account or any other security breach. You must not sell, rent, lease, share, or provide access to your account to anyone else, including charging anyone for access to administrative rights on your account. The Company may disable any username, password, or other identifier, whether chosen by you or provided by the Company, in its sole discretion for any reason or no reason, including if, in the Company’s opinion, you have violated any part of this agreement.
Liability for Account Misuse. The Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by the Company or another party because of someone else using your account or password
No Access to Emergency Services. Our Services do not provide access to emergency service providers like the police, fire department, hospitals, or other public safety organizations. Make sure you can contact emergency service providers through a mobile, fixed-line telephone, or other service.
Third-party services. Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. When you use third-party services, their terms and privacy policies govern your use of those services.
Prohibited Uses
You may use the Platform only for lawful purposes and under this agreement. You must not use the Platform:
In any way that violates any applicable federal, state, local, or international law or regulation
To exploit, harm, or to attempt to exploit or harm minors by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
In any way that would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability.
To transmit, or procure the sending of, any advertising or promotional material without the Company’s prior written consent, including any “junk mail,” “chain letter,” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including by using email addresses or screen names associated with the preceding).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as the Company determines, may harm the Company or the Platform’s users or expose them to liability.
And you must not:
Use the Platform in any way that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real-time activities through the Platform.
Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying the Material on the Platform.
Use any manual process to monitor or copy the Material on the Platform or for any other unauthorized purpose.
Use any device, software, or routine that interferes with the proper working of the Platform.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
Attack the Platform by a denial-of-service attack or a distributed denial-of-service attack.
Otherwise seek to interfere with the proper working of the Platform.
Payment. The Company, through its payment processor, accepts payment through the payment methods identified on the Platform before checkout. You must have a valid accepted form of payment on file to purchase paid services. You must abide by any relevant terms or other legal agreement, whether with the Company or a third party, that governs your use of a given payment method. Prices for any paid service may change at any time, and the Company does not provide price protection or refunds in a price reduction or promotional offering. It is your responsibility to check the price before making a purchase. You must prepay for any paid service that you order. The Company or its payment processor will charge your payment method for the price listed for the applicable paid service, along with any additional amounts relating to applicable taxes, bank fees, and currency fluctuations.
Recurring Billing. If you buy an automatically renewing subscription, you authorize the Company or its payment processor to charge your payment method the subscription fee in effect when you originally signed up and any other applicable charges, such as taxes or possible transaction fees. Your subscription will continue for the length of the initial term you select, and, at the end of your initial prepaid term, it will automatically renew for additional prepaid periods of the same length at the same rates. You must cancel your subscription before it renews to avoid billing of the next term’s subscription fees to your payment method.
No Refunds. All sales and transactions are final. Payments are nonrefundable and fully earned on receipt. There are no refunds or credits for partially used periods. If there is a technical error on the Platform, the Company will work with you to resolve it. If you believe exceptional circumstances exist for a refund, please email the Company at [email protected] and explain the circumstances that you believe merits a refund. The Company is not making any promise that it will offer a refund. If the Company does provide a refund, the Company will issue that refund in the form of a credit to the payment method you used for your purchase. The Company will not make refunds in the form of cash, check, or free services. The provision of a refund in one instance does not entitle you to a refund in the future for similar instances, nor does it obligate the Company to provide refunds in the future under any circumstance.
Subscription Cancellations. If you buy an automatically renewing subscription to access our services, you may cancel that subscription at any time before the end of the current billing period. The cancellation will take effect on the next billing period. You will have access to the paid service from the time you cancel until the start of the next billing period. You will not receive a refund or credit for any remaining days in your current billing period. You can change the automatic renewal settings or cancel your subscription at any time through the Platform. If you need help, please contact the Company at [email protected].
Billing Errors. If you believe that the Company has charged you in error, you must notify the Company in writing no later than 30 days after you receive the billing statement in which the error first appeared. If you fail to notify the Company in writing of a dispute within this period, you waive any disputed charges. You must submit any billing disputes by email to [email protected] and include a detailed statement describing the nature and amount of the disputed charges. The Company will correct any mistakes in a bill and add or credit them against your future payments
Platform Access. The Company may withdraw or amend this Platform, and any service or material it provides on the Platform, in its sole discretion without notice. The Company will not be liable if any part of the Platform is unavailable at any time or for any period. Occasionally, the Company may restrict access to some features of the Platform, or the entire Platform, to users, including registered users. Access to the Platform may require the use of your personal computer or mobile device, as well as communications with or use of space on those devices. You must make all arrangements necessary for you to have access to the Platform, including all charges you incur to access the Platform.
Limit on Liability; Release. The Company, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you for any of the following:
Errors, mistakes, or inaccuracies of content (including User Contributions).
Personal injury or property damage resulting from your access to and use of the Platform or its content (including User Contributions).
Content (including User Contributions) or conduct that is infringing, inaccurate, obscene, indecent, offensive, threatening, harassing, defamatory, libelous, abusive, invasive of privacy, or illegal.
Unauthorized access to or use of the Company’s servers and any personal or financial information stored in them, including unauthorized access or changes to your account, submissions, transmissions, or data.
Interruption or cessation of transmission to or from the Platform.
Bugs, viruses, Trojan horses, malware, ransomware, or other disabling code that may be transmitted to or through the Platform by any person or that might infect your computer or affect your access to or use of the Platform, your other services, hardware, or software;
Incompatibility between the Platform and your other services, hardware, or software.
Delays or failures you might experience in starting, conducting, or completing any transmissions to or transactions with the Platform; or
Loss or damage incurred because of the use of any content posted, emailed, sent, or otherwise made available through the Platform.
You release the Company, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers from all liability arising out of User Contributions or the conduct of other users or third parties, including disputes between you and one or more other users or third parties
Exclusion of Damages; Exclusive Remedy. The Company, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you for:
Any direct, indirect, special (including so-called consequential damages), statutory, punitive, or exemplary damages arising out of or relating to your access or your inability to access the Platform or the content. This exclusion applies regardless of the theory of liability and even if you told the Company about the possibility of these damages or the Company knew or should have known about the possibility of these damages.
(1) personal injury, (2) pain and suffering, (3) emotional distress, (4) loss of revenue, (5) loss of profits, (6) loss of business or anticipated savings, (7) loss of use, (8) loss of goodwill, (9) loss of data, (10) loss of privacy, or (11) computer failure related to your access of or your inability to access the Platform or the content. This exclusion applies regardless of the theory of liability and even if you told the Company about the possibility of these damages or the Company knew or should have known about the possibility of these damages.
If you are dissatisfied with the Platform or have any other complaint, your exclusive remedy is to stop using the Platform.
The maximum liability of the Company and its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers to you for any claim will not exceed the amount you have paid for the applicable purchase out of which liability arose even if the remedy fails of its essential purpose.
Your Rights and License with Birdcalls
Your Rights. You own the information you submit through our Services.
Birdcalls’ Rights. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our written permission. To report copyright, trademark, or other intellectual property infringement, please contact [email protected].
Birdcalls’ License to You. Birdcalls grants you a limited, revocable, non-exclusive, and non-transferable license to use our Services in accordance with these Terms.
Disclaimers and Limitations
Disclaimers. YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE PROVIDE OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. BIRDCALLS DOES NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR-FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, “BIRDCALLS PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES.
Limitation of liability. THE BIRDCALLS PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, EVEN IF THE BIRDCALLS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE BIRDCALLS PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Availability of Our Services. Our Services may be interrupted, including for maintenance, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time.
Unsolicited Idea Submission Policy. The Company and its employees do not accept or consider unsolicited ideas, suggestions, proposals, comments, or materials, including new or improved products, services or technologies, product or service enhancements, processes, advertising campaigns, promotions, marketing plans, or new product or service names (collectively, “Submissions”). Please do not send any Submissions in any form to the Company or any of its employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes when the Company’s products, services, marketing, or other projects might seem similar to any Submissions made to the Company. If, despite the Company’s policy, you still submit your ideas to the Company, the following terms will apply to your Submissions, whatever your communication states. You agree that: (1) the Company will consider the Submissions to be nonconfidential and nonproprietary; (2) the Company may use, copy, redistribute, and disclose the Submissions for any purpose in any way, without compensation to you or any other person or party; and (3) the Company will have no obligations for the Submissions, including no obligation to review the Submissions, return any materials, or acknowledge receipt of the Submissions. If you do not agree to these terms, please do not send the Company any Submissions.
Feedback. While the Company cannot accept unsolicited ideas, the Company always welcomes feedback on its existing business. If you want to send the Company your feedback, please only provide specific feedback on its existing business. Any feedback you provide is considered nonconfidential and nonproprietary. The Company will be free to use that information on an unrestricted basis with no compensation to you or any other person or party.
Your Comments and Concerns. You should direct all feedback, comments, requests for technical support, and other communications relating to the Platform to the Company by email to [email protected].
Resolving Disputes and Ending Terms
Resolving disputes. You agree to resolve any Claim you have with us relating to or arising out of our Terms, us, or our Services exclusively in Delaware. You also agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such disputes. The laws of Delaware govern our Terms, as well as any disputes, whether in court or arbitration, which might arise between Birdcalls and you, without regard to conflict of law provisions.
Ending these Terms. You may end these Terms with Birdcalls at any time by deleting Birdcalls Messenger from your device and discontinuing use of our Services. We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for Birdcalls. The following provisions will survive termination of your relationship with Birdcalls: “Licenses,” “Disclaimers,” “Limitation of Liability,” “Resolving dispute,” “Availability” and “Ending these Terms,” and “General”.
General
This agreement constitutes the entire agreement between you and the Company about your use of the Platform, and it supersedes all earlier or contemporaneous agreements between you and the Company. Any additional terms on the Platform will govern the items to which they pertain.
Birdcalls may update the Terms from time to time. When we update our Terms, we will update the “Last Modified” date associated with the updated Terms. Your continued use of our Services confirms your acceptance of our updated Terms and supersedes any prior Terms. You will comply with all applicable export control and trade sanctions laws. Our Terms cover the entire agreement between you and Birdcalls regarding our Services. If you do not agree with our Terms, you should stop using our Services.
If we fail to enforce any of our Terms, that does not mean we waive the right to enforce them. If any provision of the Terms is deemed unlawful, void, or unenforceable, that provision shall be deemed severable from our Terms and shall not affect the enforceability of the remaining provisions. Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.
Contact Us
If you have questions about our Terms of Service, please contact us at [email protected] or mail at:
Attn: Birdcalls
5540 Centerview Dr Ste 204
PMB 73779
Raleigh, North Carolina 27606-8012 US
Effective as of October 07th, 2021