Terms of Use

The terms of use for the BirdPro mobile application for iOS (“iOS App Terms of Use”) is a legally binding agreement. Please read this document carefully. By clicking “I Agree,” or installing or using the BirdPro mobile application for iOS software and/or any updates to such software (collectively, “App”) provided by BirdPro and/or its affiliates (collectively, BirdPro), you Agree to the following terms as an authorized User of the app/s.

General Terms

The iOS App Terms of Use is governed by the terms of the Agreement and any amendment thereto or additional purchase thereunder. The iOS App Terms of Use adjusts and/or supplements certain terms of the Agreement, solely with respect to the App.
Apple Inc. may, at any time and without notice, restrict, interrupt, or prevent use of the App, or delete the App from your or Customer’s Apple device(s), or require BirdPro to do any of the foregoing, without entitling Customer or you to any refund, credit, or other compensation from BirdPro or any third party (including, but not limited to, Apple Inc. or your network connectivity provider). The iOS App Terms of Use was last updated on 05 March 2021 (“Version Effective Date”). It is effective between you and BirdPro as of the date you first download, install, or use the App, whichever occurs earliest and can be accessed and downloaded at: www.BirdProapps.com. BirdPro may update and change any part or all of the iOS App Terms of Use. The updated version will be posted publicly on BirdPro’s website at the above link and will be effective and binding on the day after posting. BirdPro encourages Customer and Users to review the iOS App Terms of Use periodically, as you are responsible for reading and complying with any amended version(s). If Customer or User objects to any such changes, Customer’s or User’s sole recourse shall be to cease using the App. Continued use of the App following the relevant Version Effective Date shall indicate Customer’s and User’s acknowledgement of such changes and agreement to be bound by the updated iOS App Terms of Use.
You acknowledge and agree to BirdPro’s Privacy Policy, which can be found lower down on this document.

License to use the app

Unless otherwise specified in the Agreement and subject to payment of the Subscription Fee and any other undisputed amounts due, BirdPro grants to you as User, a limited, non-exclusive, non-assignable, non-transferable, renewable, and revocable license during the applicable Term, to access and use the App on any Supported Device linked to your account and no other devices.
Without limiting the generality of anything herein, you acknowledge and agree that the App may collect use or device data for the purposes of providing services or functions that are relevant to use of the App.

Signing up

By signing up for a subscription to BirdPro, you warrant to BirdPro that you have all rights and capacities necessary to execute a subscription contract and agree to these Terms of Use. We will try to process your subscription promptly, but cannot guarantee that it will be activated by a specified time. By submitting your payment and other details, you are making an offer to us to purchase a subscription. When we have accepted your offer after successfully verifying your payment details and email address, a subscription contract will be formed, at which point we will provide you with access to the parts of BirdPro according to your subscription type. We reserve the right to reject any offer at our discretion, for any or no reason.

Subscription term and subscription fees

Your subscription will renew automatically (referred to as “renew” on Website) unless you change your subscription type or either you or we cancel auto-renewal of your subscription. We will charge the subscription fee using the Apple Inc. renewal payment system. If you do not want your subscription to auto-renew, please follow the process set out below.
If you wish to stop subscribing, you can cancel auto-renewal of your subscription through the “Your account” page on the devices settings any time before the end of your subscription term.
The subscription fee and term will be made clear to you on our sign-up pages. The fee and term may vary from time to time, and the fee will vary depending on your country of residence. You agree to pay the fee at the rates notified to you at the time you sign up for your subscription. We will notify you of any increase in the fee for your renewal subscription, and offer you an opportunity to cancel the renewal of your subscription if you do not wish to pay the new fee.
You shall bear any fee, charge or commission charged for paying your subscription fee. You are also responsible for paying any internet connection or telecommunications charges that you may incur by using the Website.

Intellectual Property Rights

All Content belongs to BirdPro or its licensors, who own all associated copyrights and other intellectual property rights of the Content. You acknowledge that you are not granted any rights to the Content and may not use (including but not limited to, making a copy of, duplicating, storing, playing, selling, reselling or reproducing in any other medium) all or any part of BirdPro and the Content.

Apple Terms

BirdPro, and not Apple, is solely responsible for the App and the license granted herein. Apple has no obligation to provide maintenance and support for the App. User’s use of the App must comply with the Usage Rules set forth in the Apple App Store Terms of Use, which can be accessed and downloaded at: https://www.apple.com/legal/internet-services/itunes/us/terms.html.
In order to respond to FAQs and help its customers to resolve common problems without needing direct assistance from Support, BirdPro maintains the Knowledge Base on the BirdProapps website (www.BirdProapp.com). If your question is not resolved via the Knowledge Base, the BirdPro help desk can be contacted by email via info@birdproapp.com.
Apple is not responsible for addressing, investigating, defending, settling, or discharging any claim brought by user or any third party for allegations relating to the App, or your possession and/or use of the App, including but not limited to: (a) product liability; (b) any failure of the App to comply with applicable legal or regulatory requirements; (c) consumer protection or similar legislation; or (d) infringement of third party intellectual property rights.
Notwithstanding anything to the contrary in the Agreement, Apple and its subsidiaries are third-party beneficiaries of the iOS App Terms of Use, and have the right (and shall be deemed to have accepted the right) to enforce the iOS App Terms of Use against you. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the App, and will not be liable for any claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the App to conform to any warranty. Apple shall not be required to provide a refund to you under any circumstances.

Liability

While BirdPro tries to keep its Service safe, secure, and functioning properly, BirdPro cannot guarantee the continuous operation of, or access to, BirdPro. BirdPro will use reasonable efforts to remedy any faults or interruptions that we are aware of, but BirdPro is not liable for matters beyond its control. You acknowledge that BirdPro provides the Service and Content on an “AS IS” and “AS AVAILABLE” basis. BirdPro does not make any promises as to the quality, completeness or accuracy of the Content.
Any agreements, transactions or other arrangements made between you and any third party named on (or linked to from) the Service are at your own responsibility and entered into at your own risk.
If you add or share any image or data you warrant to the fullest extent permitted by law that you have the copyright or have obtained the permission of the copyright holder to upload the additional material. BirdPro has no liability whatsoever if you load images and share these where the necessary copyright permissions are not in place.
The limitations of liability in this clause apply for the benefit of BirdPro, its affiliates and all of their respective officers, directors, employees, agents or any company to whom BirdPro transfers our rights and obligations in accordance with these Terms of Use.

Term and Termination

Upon termination of your the subscription, the app will continue to work until the subscription period has expired and you are due for renewal. The iOS App Terms of Use shall terminate immediately and automatically upon the expiration of your BirdPro subscription for whatever reason. Upon any such expiration, you will no longer have access to app when the renewal is due. Termination of the iOS App Terms of Use shall not entitle you to any refund, credit, or other compensation from BirdPro under the Agreement or any other agreement or from any third party.

Changes to these Terms

BirdPro may change these Terms of Use at any time. BirdPro shall publish the revised Terms of Use and their effective date on the Website before the effective date, and the revised Terms of Use shall be effective as of the effective date. By continuing to use BirdPro, you agree to the revised Terms of Use.