Terms of Service

Last Updated: November 9, 2024

1. Acceptance of Terms

By registering for an account, accessing, or using the Platform, you confirm that you have read, understood, and agree to these Terms of Use. If you do not agree to these Terms, you may not use the Platform.

2. Description of Services

Birdbox provides a Platform for property owners, managers, and tenants to:

• List properties and tenants.
• Submit and manage service requests.
• Use the Birdbox Assistant for natural language-based interactions to create service requests, retrieve lease or property information, and organize data.

Birdbox also offers a separate optional Birdbox Management Service where we manage property-related tasks for a fee. This service is governed by separate terms and is not covered under these Terms.

3. Eligibility

To use the Platform, you must:

• Be at least 18 years old or the age of maturity in your jurisdiction.
• Provide accurate and complete information during registration.
• Comply with these Terms and all applicable laws.

4. User Responsibilities

By using the Platform, you agree to:

• Provide accurate, current, and complete information.
• Use the Platform only for its intended purpose.
• Keep your account credentials confidential.
• Be responsible for all activities under your account.

You are solely responsible for interactions and agreements between property owners, managers, and tenants. Birdbox is not a party to any agreements between users.

5. Intellectual Property Rights

All content, features, and functionality on the Platform, including but not limited to software, text, graphics, logos, and design (the “Content”), are owned by Birdbox or its licensors. Unauthorized use of the Content, including scraping data, copying code, or reverse-engineering the Platform, is strictly prohibited.

6. Prohibited Activities

You agree not to:

• Use the Platform for unlawful purposes.
• Attempt to gain unauthorized access to the Platform or its systems.
• Scrape, crawl, or copy any data or Content from the Platform.
• Reverse-engineer or decompile the Platform's software.
• Use the Platform to develop or promote competing services.

7. Payments and Transactions

The Platform may facilitate rent payments or other transactions via Stripe. By using payment features:

• You acknowledge and accept that Stripe processes all payments, and Birdbox is not responsible for payment processing, privacy issues, or data leaks caused by Stripe.
• You assume all risks associated with using rent auto-pay or other payment features.
• Birdbox disclaims liability for payment disputes, failed transactions, or unauthorized charges.

Important: Birdbox is not a financial institution and does not hold or manage user funds. Users must address payment disputes directly with Stripe or their financial institution.

8. Disclaimers and Limitation of Liability

Birdbox is a tool to help users organize data and facilitate property management. We are not responsible for disputes or issues between property owners, managers, or tenants.

No Warranty: The Platform is provided “as is” without any warranties, express or implied, including but not limited to fitness for a particular purpose or non-infringement.

Limitation of Liability: To the fullest extent permitted by law, Birdbox is not liable for:

• Any indirect, incidental, or consequential damages arising from Platform use.
• Errors, inaccuracies, or interruptions in Platform services.
• Issues related to third-party services, including Stripe.

9. Non-Compete Clause

By using the Platform, you agree not to:

• Use Birdbox data, features, or tools to develop, promote, or support a competing service.
• Solicit Birdbox users, customers, or partners for competing products or services.

This clause remains in effect during and for one year following your use of the Platform.

10. Privacy

Your use of the Platform is subject to our Privacy Policy, which explains how we collect, use, and protect your information. By using the Platform, you consent to the collection and use of your data as described in the Privacy Policy.

11. Indemnification and Legal Fees

You agree to indemnify and hold harmless BirdBox, its officers, employees, and affiliates from any claims, damages, liabilities, or expenses (including reasonable legal fees) arising from:

• Your use of the Platform.
• Breaches of these Terms.
• Violations of applicable laws or third-party rights.

Legal Fees in Case of Disputes:If you bring any legal action or proceeding against BirdBox and do not prevail, you agree to reimburse BirdBox for all reasonable legal fees, court costs, and other expenses incurred in defending such action or proceeding.

12. Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in full force and effect.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Connecticut. Any disputes arising under these Terms will be resolved through binding arbitration, except where prohibited by law.

14. Contact Us

If you have any questions about these Terms, please contact us at team@birdbox.com.