TERMS OF SERVICE FOR “THE HATCHERY”

This Terms of Service for “The Hatchery” (“Terms”) constitutes a legal agreement between you (“You”, “Your”, “Tester”) and Bird Buddy Inc., a Delaware corporation, with its principal offices located at 229 E. Michigan Ave., Ste. 330 Kalamazoo, Michigan 49007, US (“We”, “Us”, “Our” “Bird Buddy”) In joining as a member of “The Hatchery”, a private beta testing and feedback community by Bird Buddy Inc.,You agree to the following terms:

1. Your obligations

General

You agree

  • To use any and all beta testing features as much as possible, when available.
  • To communicate observations, report bugs, and share relevant feedback with Bird Buddy via dedicated channels when requested. 
  • To acknowledge that if Your device is inactive for an extended period of time, or You fail to respond to an adequate number of requests for feedback from Bird Buddy, You may be removed from “The Hatchery” group.
  • To acknowledge that there may be instances during future testing where Your use of the Bird Buddy App  (“App”) or device may be interrupted. If this persists, please reach out directly to Us at [email protected] with Your name and device serial number, and Our team will resolve the issue.

App-related

You agree

  • To always ensure the App You are using is updated to the latest version required for testing.
  • To use an account created with the same email address You specified on “The Hatchery” signup form.

Firmware-related

You agree

  • To ensure use of the same device (serial #) You stated on “The Hatchery” sign up form.
  • To ensure use of the accessories (i.e. solar roof) You stated on “The Hatchery” sign up form
  • To keep Your feeder clean and filled with an adequate level of seeds.
  • To ensure Your device camera module is operational by:
    • Keeping it inside the feeder (on the magnet)
    • Making sure it has sufficient network coverage (is online)

2. Our obligations

We will provide You with a downloadable copy of the App and any documentation and instructions on how to use the App, if necessary.

3. Incentives, rewards

While We are under no obligation, nor is there an expectation, to provide rewards and incentives for participating in The Hatchery, We may from time to time offer various rewards and incentives for Your participation. 

4. License

You hereby acknowledge that no title or ownership of the App is being transferred or assigned to You under this Terms.

For the term of these Terms We grant You a non-exclusive, non-transferable, non-sublicensable, revocable, limited license for You to use the App to test its functionalities and provide feedback to Us.

You may not sell, license, or otherwise transfer the App or reproductions of the App to other parties in any way.

You may download and operate the App only on the device and with the email address you provided on sign-up form.

You may not reverse assemble or reverse compile or directly or indirectly allow or cause a third party to reverse assemble or reverse compile the whole or any part of the App.

5. Disclaimer of warranty, Limitation of liability

You understand that the App and all subsequent updates are in beta phase of testing and therefore, are incomplete and may contain defects that can result in data loss, damages, or loss of profits incurred through the use of the App.

The App and all subsequent updates are provided on an “as is” basis. We disclaim all express and implied warranties for the App and updates under the test and you are using the App at Your own risk.

In no event shall Bird Buddy be liable for any damage arising out of the use of or inability to use the App, including without limitation, any direct, indirect, consequential, exemplary, special, incidental or punitive damages, or damages for lost data or lost profits, even if We have been advised of the possibility of such damages.

6. No obligation to offer product support

The App provided under this Terms is experimental. We have no obligation;

(a) to maintain, correct, update, change, modify, or otherwise support the App, except as expressly stated in this Terms,

(b)  to continue to develop, productize, support, repair, offer for sale or in any other way continue to provide or develop the App either to you or to any other party.

7. Intellectual Property Rights in and to feedback

All feedback You provide to Us shall be the sole and exclusive property of Bird Buddy.

You agree to assign and hereby assign fully to Bird Buddy all of Your right, title, and interest throughout the world in and to all feedback, and any intellectual property rights relating to the feedback.

8. Assignment

Your rights and obligations under Terms of Service for “The Hatchery” are personal to You and You may not transfer any rights or obligations to any third party.

9. Indemnification

You agree to indemnify and hold Bird Buddy, its officers, directors and employees harmless from any losses (including attorneys’ fees) that result from any third-party claims related to Your access to, the use or misuse of the App or Intellectual Property Rights, or any breach of this Agreement.

10. Confidentiality and Non-Disclosure

Features, functionalities, and new products referenced in “The Hatchery” may not always be rolled out to all users in the future. This is Our private space to test and experiment with a closed community. 

This means that by using the App You will become familiar with Our confidential information, proprietary and trade secrets, intellectual property, business information and other materials related to the App, that We wish to keep confidential.

For this reason, You agree not to share or upload any knowledge You experience, learn or are sent directly, that is not already public knowledge, to any social media, press, or other public forums.

Upon the termination of this Terms or at Our request You are to promptly delete the App from Your device and promptly return to Us or delete from Your device all materials relating to the App.

The Non-Disclosing provision shall survive the termination of this Term for a period of five (5) years. Notwithstanding the foregoing, the obligation to keep confidential trade secrets shall be indefinite, or shall last as long as such information is considered trade secret under applicable law, whichever occurs first. 

11. Privacy

We recognize and honor Your privacy. These Terms are subject to and incorporate by reference Our Privacy Policy (available at https://mybirdbuddy.com/policies/privacy-policy).

12. Term, termination

These Terms are effective until terminated. 

You may terminate this Terms by giving Us 10 days prior written notice (Termination period) and by removing the App from Your device at the end of the Termination period. 

We may terminate these Terms at Our sole discretion at any time for any reason or no reason at all. In such an event, You must immediately remove the App from Your device.

The Tester can be notified via email address, provided on the “The Hatchery” signup form. Bird Buddy can be notified via the following email address: [email protected]

13. Severability

If any provision of these Terms is found to be illegal or unenforceable, the other provisions shall remain effective and enforceable to the greatest extent permitted by law.

14. Governing law

These Terms shall be governed by the laws of the State of Delaware without regard to its conflicts of law rules. Parties consent to exclusive jurisdiction of court in Delaware.

15. Entire agreement

These Terms constitute the entire agreement between You and Bird Buddy, regarding to the subject matter hereof and supersedes all prior communications, representations, or agreements, oral or written, by the parties relating thereto.

We reserve the right to modify or change these Terms from time to time and Your continued participation in the Hatchery following such change shall be deemed to be Your acceptance of such changes. It is Your responsibility to regularly check for changes in the Terms and Privacy Policy.

The current version of this Terms is available at https://mybirdbuddy.com/pages/the-hatchery-ts.

The current version of the Privacy Policy is available at https://mybirdbuddy.com/policies/privacy-policy.

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