Battery Bird

TERMS AND CONDITIONS

We welcome you! It is our pleasure to provide the Battery Bird Inc services described below for your personal enjoyment and entertainment in accordance with this Subscriber Agreement (herein, the “Agreement”). PLEASE READ THIS AGREEMENT CAREFULLY BECAUSE IT GOVERNS ELIGIBILITY FOR AND USE OF THE SERVICES. 

Battery Bird Inc, located at 13534 Plaza Rd Extension Unit 119, Charlotte, NC 28215 (“Battery Bird”) is referred to in this Agreement as “we”, “us” and “our”. The “Services” include the Battery Bird charging nest and power banks. 

Use of the Services is subject to compliance with this Agreement. By accessing or using the Services, you accept and agree to this Agreement. For clarity, it may be necessary to agree to additional terms and conditions to continue use of the Services. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into this Agreement. If you do not agree to this Agreement, you may not use the Services. 

  1. Your use of the Service is subject to this Agreement, our privacy policy (“Privacy Policy”) which is located on the Platform. You agree to accept our Privacy Policy which constitute integral parts of this Agreement. 
  2. We reserve the right to modify the terms of this Agreement at any time. Any such amendment will be effective thirty (30) days following either our dispatch of a notice to you or our posting of the amendment on the Services. 
  3. This Agreement contains important information regarding your rights with respect to the Platform and the Service, including your relationship with us. Please read this Agreement carefully, and review this Agreement regularly. 
  4. If you are a user this is our entire agreement with you. If you are a business customer this Agreement constitutes the entire agreement between us in relation to your usage. You acknowledge that you have not relied on any statement, promise, representation, assurance, or warranty made or given by or on behalf of us which is not set out in this Agreement and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement. 

QUALIFICATION

You warrant and represent that:
(a) any information you submit to us when using the Service is accurate, complete, and current; and
(b) your use of the Service does not violate any applicable law or regulation.

FEE STRUCTURE

An initial fee of 999.99 is chargeable and a fee of the identified pricing package will be charged monthly. A non refundable deposit of $1000 will be applied to your account.

OWNERSHIP AND INTELLECTUAL PROPERTY

a) You agreeing to this Agreement and becoming a User only entitles you to the Service in accordance with the terms and conditions set out in this Agreement. There is no other authorization, cooperation, partnership or agency between you and us.

b) You acknowledge that all intellectual property rights in and to the Platform (including copyright, trademarks, trade names, logos, source, and object codes) and relevant proprietary confidential information in the Platform is and shall remain the exclusive property of us or our licensors and nothing in this Agreement shall operate to transfer any intellectual property rights in and to the Platform or any other intellectual property rights owned by us or our licensors to you. You acknowledge and agree that, without the express written authorization of the owner of such intellectual property rights, you may not use, modify, rent, let, sell, transmit, or otherwise violate the above intellectual property rights (such as reverse engineering, decompiling).

c) The name and logos of Battery Bird are trademarks and trade names of ours and may not be duplicated, imitated, or used in whole or in part without our prior written approval. In addition, you acknowledge and agree that all pages, text, graphics, images, button icons and scripts on the Platform form are owned by us and you shall not, or cause any third party to, duplicate, imitate or use in whole or in part without our prior written approval.

d) We grant you a limited, royalty-free, non-exclusive, personal, revocable and non-transferable, license to download and use the Battery Bird App for your own personal, non -commercial purposes, subject to your compliance with this Agreement. You may use the Battery Bird App and our Service only as permitted by this Agreement.

e) You are fully and solely responsible for all content, texts and images that you upload, post, transmit or share on the Platform (“User Content”). You may not upload, post, transmit, share or provide any User Content on the Platform that you did not create or that you do not have permission to upload, post, transmit or provide. You represent that you own or have sufficient other legal rights to all of your User Content. You agree to only provide User Content that is not in violation of any applicable law and does not infringe any third party’s rights (e.g., not in violation of any applicable intellectual property law or in breach of any agreement). Otherwise, you will be solely responsible for all related liabilities.

TERMINATION INITIATED BY BATTERY BIRD.

We may terminate this Agreement in any of the following ways:
(a) If you breach any of the terms of this Agreement;
(b) If you fail to pay any sums due under this Agreement within 7 days of the date due;
(c) If you cease using the Service and the Platform for a period of 365 consecutive days or more;
(d) If in our opinion your continued use of the Service or the Platform would be detrimental to the Service, the Platform, or other users;
(e) Cancelation requires a 30-day notice, and a fee will be applied for early termination of the contract.

SETTLEMENT AND TERMINATION

(a) Upon the termination of this Agreement, we shall still have the rights to make claims against you in accordance with this Agreement for any prior breaches by you or any outstanding financial obligations you may have.

ANY DISPUTE BETWEEN YOU AND US, EXCEPT FOR SMALL CLAIMS, IS SUBJECT TO A CLASS ACTION WAIVER AND MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THIS AGREEMENT AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.