Terms and Conditions

1. Terms and Conditions
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  1. These Terms and any additional terms, conditions, notices and disclaimers displayed elsewhere on the Birdi Platforms govern your use of and access to:
    i. your Account;
    ii. the Birdi Platforms;
    iii. the Services; and
    iv. the Software.
  2. Additional terms and conditions, including third party terms and conditions, may apply to the purchase or use of Services via the Birdi Platforms (Conditions). If so, you acknowledge and agree that those Conditions are incorporated by reference and form part of these Terms. Your purchase or use of such Services are subject to your consent to those Conditions.
  3. You should review these Terms and our Privacy Policy carefully and immediately terminate your Account and cease using the Birdi Platforms, Services and Software if you do not agree to these Terms or our Privacy Policy.
  4. By creating an Account, or accessing the Birdi Platforms, Services or Software, you:
    i. warrant that you have reviewed the Terms and our Privacy Policy;
    ii. warrant that you have the legal capacity to enter into a legally binding agreement;
    iii. if applicable, warrant that you have the authority to act on behalf of any person or entity for whom you creating an Account, or accessing the Birdi Platforms, Services or Software and you are deemed to have agreed to the Terms on the person or entity's behalf;
    iv. warrant that you have all things (including hardware and software) necessary to use the Birdi Platforms, Services or Software; and
    v. agree to use the Birdi Platforms, Services or Software in accordance with the Terms.
This section explains the rules for using the Birdi Platforms, which include your Account, the services Birdi offer, and the software they provide. If you buy or use any services through Birdi Platforms, there might be more rules you need to follow. These extra rules are called "Conditions." When you create an account or use Birdi's stuff, you promise that you've read and understood the main rules and their Privacy Policy. You also promise that you're allowed to agree to these rules, and if you're acting on behalf of someone else, you're allowed to agree for them too. You need the right devices and software to use Birdi's products and services. And finally, you agree to use everything from Birdi according to these rules. If you don't like these rules, you should stop using Birdi's products and services and close your account.
2. Term
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These Terms are binding on you from the date you start accessing or using the Birdi Platforms, Services or Software until the earlier of:

  1. the date on which you stop accessing or using the Birdi Platform, Services or Software, or 
  2. your Account is terminated in accordance with the Terms.
This section talks about how long these rules apply to you. Once you start using Birdi Platforms, their services, or software, these rules are like a promise you have to keep. The rules apply until one of two things happens: either you stop using Birdi's stuff, or Birdi decides to close your account because you didn't follow the rules. Rules can also occasionally be updated to keep up with the services being offered. Where this occurs, you will be notified of any change.
3. Your Use of the Birdi Platforms
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  1. We endeavour to provide convenient and functional Birdi Platforms, but to the extent permitted by law:
    i. the Birdi Platforms and all Content is provided "as is" and you agree that your use of the Birdi Platforms and any Content is entirely at your own risk;
    ii. we do not guarantee that your requirements will be met or that your access to the Birdi Platforms or any Content will be uninterrupted or error free; and
    iii. we do not guarantee that the Birdi Platforms or the server that operates it are free of viruses or other harmful components.
  2. In particular, your access to the Birdi Platforms may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.
  3. You must:
    i. evaluate and bear all risks associated with the use of the Birdi Platforms, Services, Software and Content, including reliance on the completeness or usefulness of any Content;
    ii. provide us with all reasonable assistance and cooperation in order for us to supply the Services;
    iii. ensure all information provided to us is kept up-to-date and the email address you provide is valid and regularly checked; and
    iv. make any changes to your Computing Environment, such as system upgrades, that may be required to support the delivery and operation of the Services.
  4. You must not use the Birdi Platforms:
    i. in a way that causes, or may cause damage to the Birdi Platforms or impair the availability or accessibility of the Birdi Platforms;
    ii. in an inappropriate, unlawful, illegal, fraudulent or harmful manner;
    iii. in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
    iv. to breach any third-party rights of any person (including uploading personal information without an individual's consent) or any other of the legal rights of individuals;
    v. to defame or make derogatory statements about us, our personnel or other individuals;
    vi. to post or transmit any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our, or any third party's systems or security;
    vii. to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
    viii. to transmit or send unsolicited commercial communication; or
    ix. for any purposes related to marketing without our express written consent.
  5. You agree that:
    i. you are responsible for all users using the Services;
    ii. the Services, including your Data, may be transferred unencrypted and over various networks;
    iii. we may use third-party service providers to host the Services. If the providers of third-party applications or services cease to make their services or programs available on reasonable terms, we may cease providing the Services (or any part of the Services) without liability or entitling you to any refund, credit, or other compensation; and
    iv. we may pursue any available equitable or other remedy against you if you breach of these Terms.
  6. At our sole discretion and without notice, we have the right to take down any information that you post on the Birdi Platforms or on the Software.
  7. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Birdi Platforms or its Content without our express written consent.
This section basically says: Birdi Platforms and what you see there come "as is," so there are some risks when you use them. Sometimes, the platforms might have technical issues and your access could be interrupted, but they’ll fix it. When you use Birdi, you need to be careful, and not do anything bad or harmful. There are things you can't do, like break the platforms, or bother others. You're responsible for the people using Birdi with you and the content you upload. Birdi can remove things you post if they need to, and they can take action if you don't follow their rules. And lastly, you can't collect lots of data automatically from the platforms without having Birdi’s approval first.
4. Registration and Passwords
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  1. You will need to create an account to access or use certain features of the Birdi Platforms or Services (Account).
  2. An Account Holder, may be a company, firm, organisation or individual that:
    i. uses any other type of device to capture data (Drone, Phone, Camera, manned aircraft) or operates a service using a Drone (or other aviation and/or spatial devices) service (Pilot) or;
    ii. requires or requests the use of a Drone or other capture methodology and the Services of a Pilot (Client); and/or
    iii. require Portal Services (Portal Services Client).
  3. You agree to:
    i. provide us with accurate, complete and current information when registering for an Account; and
    ii. keep this information current.
  4. Where you have an Account:
    i. you must safeguard any password which we provide to you;
    ii. access to your Account will be given on the correct entry of a user ID and password;
    iii. once access is granted, all actions taken within the Account will be deemed to have been made by you;
    iv. you must not give anyone else access to your Account, user ID and/or password;
    v. you must immediately notify us of any unauthorised use of your Account, user ID and/or password or any breach of security of which you become aware;
    vi. you may cancel your Account at any time by notifying us; and
    vii. we reserve the right to discontinue, cancel or suspend your Account in our sole and absolute discretion without notice to you if:
          A. you do not visit the Birdi Platforms or use any Services for an extended period of time;
          B. you breach any of the Terms or any applicable law; or
          C. we conclude that your conduct materially and negatively impacts on our name or reputation or violates our rights or those of another entity.
  5. At our sole discretion, we may refuse to allow any person to create an Account or cancel an Account.

This section talks about creating an account and keeping it safe. To use various parts of the Birdi Platforms, you need to make an account. Different types of people or groups can have accounts, like Drone Pilots, Clients, and Portal Services Clients. When you sign up, you promise to give true and up-to-date info, and to keep it accurate. Birdi can decide not to let someone create an account or close an account if they think it's necessary.

If you have an account, you should: 

  • Keep your password safe
  • You'll need a special ID and password to get into your account
  • Anything done on your account is considered your doing
  • You shouldn't share your account info with anyone else
  • Tell Birdi if someone uses your account without permission or if you notice any security issues
  • You can close your account whenever you want, and;
  • Birdi can close your account if you don't use it for a long time, break the rules, or cause problems for them or others
5. Services
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5.1. Drone Services
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  1. Missions
    i. On the Portal, Pilots can access requests for Drone Services submitted by Clients. We refer to these job requests as missions (ixMissions).
    ii. We provide the Portal to:
          A. assist Clients and Pilots to complete Missions;
          B. facilitate payments in relation to Missions (with Birdi acting as a limited collection agency); and
          C. handle disputes.
    iii. Amongst other services, the Portal includes a marketplace function where:
          A. Clients wanting a Mission to be carried out by a Pilot may submit a request for a Mission, which includes details of the Mission (Mission Request).
          B. The Mission Request details are outlined in the Portal and may include:
                1. the location of the job;
                2. details of the Client;
                3. an outline of the data to be collected and other information relating to the services to be performed and the data to be captured, including angles and fly-throughs;
                4. analytics required, including 2D map/livestream/3D map/360 degree etc. as outlined in the options on the Portal; and
                5. any Pilot specifications.
    iv. After the Mission Request is completed, the Client will receive a summary, scope and price (Mission Fee) for the Mission (Mission Summary). The Client may accept or reject the Mission Summary.
    v. If the Client accepts the Mission Summary, it will be deemed to have entered into a legally binding contract with the Pilot to perform the Mission on the basis of the Terms.
    vi. Upon accepting the Mission Summary we will allocate the Pilot.
    vii. Pilots are selected on a case by case basis to perform Missions.  We identify the Pilot that we consider (in our discretion) to be the most suitable for the Mission.
    viii. The Pilot may, in its discretion, accept or reject the Mission.  If the Pilot accepts the Mission, it confirms that it is legally entitled to and capable of carrying out the Mission and, subject to acceptance by the Pilot as set out below, is deemed to have agreed to enter into a legally binding contract (Mission Contract) with the Client on the basis of the Terms to perform the Mission (Accepted Mission).
    ix. We will notify the Client of the Pilot's acceptance and provide the Client with the Pilots details.
    x. The Pilot agrees to carry out the Accepted Mission in accordance with the Mission Contract and the Terms.
    xi. The contract between the Client and the Pilot for the Accepted Mission constitutes the Mission Contract. Birdi is not a party to any agreement between a Client and a Pilot, including any Mission Contract.
    xii. The Mission Fee depends on the requirements in the Mission Summary. Factors affecting the Mission Fee may include the complexity of regulatory requirements, flight location, flight time, equipment used (including the type of drone) and expertise of the Pilot required to capture certain types of Data.
    xiii. The Pilot agrees to use its best endeavours to capture the best possible data, which include any information that is captured by a drone whilst in operation as outlined in the Accepted Mission.
    xiv. The Client acknowledges and agrees that there are conditions outside of the Pilot's reasonable control that can affect the quality of the data captured, including shadows, activity on-site, specific on-site shot direction/requests, haze, sun glare, and Civil Aviation Safety Authority (CASA) imposed restrictions.
    xv. Unless otherwise agreed, reasonable notice is required for all cancellations or rescheduling of Missions by the Client and the Pilot. Cancelation, termination and rescheduling fees may apply.
    xvi. If the Pilot is not able to carry out the Mission due to inclement weather (including rain or strong winds) or safety concerns from the Pilot's assessments of the site (acting reasonably), the Pilot may reschedule the Mission, without penalty, by providing notice to the Client and us via the Portal. Rescheduling or additional fees may apply to the Client.
    xvii. The Client and the Pilot agree to use their best endeavours to reschedule any Mission.
    xviii. Once the Pilot has carried out the Accepted Mission, it must upload the mission data via the Portal. We will provide the data to the Client via the Portal. The Client may download the Mission Data.
    xix. Completion occurs when the Pilot has carried out the Accepted Mission including uploading the requested data to the Portal in accordance with the Mission Contract (Completion).
  2. Mission Fees
    i. The Client agrees to pay the Missions Fee in relation to an Accepted Mission. We will invoice the Client.
    ii. Upon Completion and after receiving payment from the Client, we will pay the Mission Fee on behalf of the Client to the Pilot.
    iii. In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the payment.
    iv. The Pilot appoints us as the Pilot's limited payment collection agent solely for the purpose of accepting the Mission Fees from the Client.
    v. The Pilot agrees that payment of Mission Fees by a Client to us (as the Pilot's limited payment collection agent) is to be considered the same as payment made directly by the Client to the Pilot.
    vi. The Pilot agrees that our obligation to pay the Pilot is subject to and conditional upon successful receipt of the relevant payments from Clients.
    vii. We guarantee payment to the Pilots only for such amounts that we have successfully received from Clients in accordance with the Terms. In accepting appointment as the limited payment collection agent of the Pilot, we assume no liability for acts or omissions of the Pilot. The Pilot agrees that we may credit Clients in accordance with the Terms.
    viii. In the event that we do not remit Mission Fees to the Pilot as set out in the Terms, and we have received the Mission Fees from the Client, the Pilot will only have recourse against us and not the Client directly.
    ix. All Mission Fees exclude GST. You are responsible for all taxes, levies or duties imposed by taxing authorities in Australia and in your own country (if not Australia), and you shall be responsible for payment of them. We have no responsibility to them on your behalf.

Section 5.1 a) talks about how Drone Services work on the Portal:

  • Clients (people or groups wanting drone services) can submit job requests called "missions."
  • Birdi provides the Portal to help Clients and Pilots complete these missions. This includes handling payments and disputes.
  • The Portal has a marketplace where Clients can request missions, and Pilots can accept or reject them.
  • Clients provide details like job location, data to be collected, and analytics needed.
  • After the mission request is done, Clients get a summary and price (Mission Fee).
  • Pilots are chosen by Birdi and can accept or reject missions. If accepted, they're legally bound to complete the mission.
  • Mission Fees depend on factors like regulatory requirements, location, time, and equipment.
  • Pilots try their best to capture good data, but some conditions like weather can affect quality.
  • Both Clients and Pilots should reschedule responsibly if needed.
  • After a mission, Pilots upload data on the Portal, which is then provided to the Client.
  • Completion happens when the Pilot finishes the mission and uploads the data.

Section 5.1 b) explains how payments for missions work:

  • After a mission is done, the Client pays the Mission Fee.
  • Once the mission is completed and payment is received from the Client, we pay the Pilot.
  • Payments are final and need accurate card info. You should have enough money in your account if you pay with a debit or credit card.
  • We're like a middleman for payment between Clients and Pilots. Payments to us count as payments to the Pilots.
  • We promise to pay Pilots only for the money we get from Clients according to the Terms.
  • If we don't pay Pilots when we're supposed to and we have the money from the Client, Pilots can only ask us for the money, not the Client.
  • Mission Fees don't include taxes. You have to take care of taxes that apply to you in your country. We won't deal with taxes for you.

5.2. Portal
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  1. Portal Services
    i. Once you have setup an Account, you may choose to purchase a plan for Portal Services as set out on the Portal (Plan).
    ii. Birdi must:
          A. perform the Portal Services with due care and skill and in a timely and professional manner and in accordance with the Terms;
          B. comply with all applicable laws and standards and maintain any licences or authorisations required for the purposes of providing the Portal Services; and
          C. control, co-ordinate, supervise, direct and complete all activities necessary to provide the Portal Services.
    iii. The Client agrees to pay Birdi for the Portal Services as set out in clause 5.2(b).
  2. Portal Fees
    i. You must pay us the fee relevant to your Plan (Portal Fee) and any other amount payable to us under the Terms, without set off or delay, via credit card or any other payment method set out on the Portal.
    ii. The Portal Fee is payable in advance of the next billing cycle for your Plan and any additional charges will be billed in arrears at the end of the Plan cycle (unless otherwise agreed).
    iii. You are responsible for reviewing the pricing schedule, features and limits associated with your Plan, which are available on the Portal.
    iv. You agree that the Portal Fee is non-refundable. To the maximum extent permitted by law, there will be no refunds or credits for any unused Plan (or part thereof), Plan downgrade or unused Accounts. Downgrading your Plan may result in the loss of content, features or capacity of your Account. We do not accept any liability for any losses or damages that may arise in such cases.
    v. We may offer you a free or trial Account with limited features designed to allow you to evaluate the Portal and make sure it is right for you before signing up for a paid Plan. Any trial period (and the features available during this period) can change at any time without notice. We have the right to terminate any trial Account if you are found to be misusing the Portal.
    vi. If you upgrade or downgrade your Plan, the credit card linked to your Account will automatically be charged the Portal Fee for your new Plan in advance of your next Plan billing cycle. Please ensure that this credit card has sufficient funds to pay the Portal Fee. If your credit card expires and you do not cancel your Account, you will remain responsible for paying the Portal Fee for the Plan, which will accrue to your Account until we receive a notice from you of your intention to cancel the Plan or your Account.
    vii. Unless directly expressed, all Portal Fees exclude GST. You are responsible for all taxes, levies or duties imposed by taxing authorities in Australia and in your own country (if not Australia), and you shall be responsible for payment of them. We have no responsibility to them on your behalf.
    viii. The Portal Fee is subject to change upon 30 days' notice from us to you and will apply to the next Plan billing cycle. Such notice may be provided at any time by posting the changes on the Portal, via email or via a notification to your Account. If you do not agree to the Portal Fee change, you may cancel your Account in accordance with the Terms.
    ix. If any payment is not made in accordance with our above payment terms, we may (at our absolute discretion) immediately cease providing the Portal Services to you, suspend your Account and recover as a debt due and immediately payable from you our additional costs of doing so.

This section explains how the Portal Services and fees work:

  • Once you have an account, you can choose to get Portal Services by buying a Plan.
  • Birdi must perform the Portal Services with care and skill, following the rules and laws.
  • The Client pays Birdi for these Portal Services.
  • You need to pay the Portal Fee for your chosen Plan and any other amounts on time using credit card or other methods on the Portal.
  • The Portal Fee is paid ahead for the next Plan cycle, and any extra charges come later.
  • You're responsible for knowing your Plan's pricing, features, and limits available on the Portal.
  • Portal Fees can't be refunded, even if you don't use all of the Plan.
  • There might be a trial period with limited features. Misusing the trial might lead to termination.
  • If you change your Plan, your credit card will be charged for the new fee in advance.
  • Portal Fees don't include taxes (unless stated), and you're responsible for paying them.
  • Birdi can change the Portal Fee with a 30-day notice.
  • If you don't pay as agreed, Birdi can stop providing the Portal Services and may charge extra for that.
5.3. Subcontracting
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We may engage subcontractors, suppliers and others to perform services on our behalf, without your consent.

This part talks about Birdi's ability to use other people to help them provide services. Basically, Birdi can hire other people or companies to do tasks for them without needing your permission.

6. Third-Party Services
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  1. The Birdi Platforms may provide links to third-party websites, applications, services or resources that are subject to different terms and privacy practices.
  2. If you access other websites through these links you do so at your own risk.  Birdi will not be liable to you, or any other person, for any loss, damage, cost, expense, liability or inconvenience incurred, paid or suffered by you as a result of your use of such websites.
  3. Birdi does not endorse nor is it responsible for the content of, or privacy practices associated with linked websites.  It is your responsibility to read and understand the terms of use applicable to any such websites. 

This section explains how third-party links work on Birdi Platforms:

  • Birdi Platforms might have links to other websites, apps, or services with their own rules and privacy practices.
  • If you use those links, you're doing it at your own risk. Birdi isn't responsible for any problems you face by using those other websites.
  • Birdi doesn't support or control the content or privacy practices of linked websites. It's your job to read and understand the rules of those websites.
7. Software as a Service Licence
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  1. In consideration for your payment of the Portal Fees, we grant you a non-exclusive, non-transferable, non-sublicensable (except as otherwise permitted under the Terms), personal and revocable licence to access and use the for personal and commercial use, during the term relevant to your Plan (Software Licence).
  2. You agree that:
    i. the Software Licence permits you to use the Software in accordance its normal operating procedures;
    ii. the Software Licence permits you to access and use the Software via your Account or as otherwise agreed by us; and
    iii.we reserve the right at any time and from time to time to:
          A. refuse any request in relation to the Software that we deem inappropriate, unreasonable, illegal or otherwise non-compliant with the Terms;
          B. modify or discontinue access to the Software (or any part thereof) with notice; and
          C. change or remove features of the Software provided that, for any material alterations we will provide you with 14 days' notice.
  3. You agree to not access or use the Software except as permitted by the Software Licence and to not do, omit to do, or authorise any act that would or might invalidate or be inconsistent with our intellectual property rights in the Software. You must not and must not permit any other person to:
    i. resell, assign, transfer, distribute or provide others with access to the Software;
    ii. "frame", "mirror" or serve any of the Software on any web server or other computer server over the internet or any other network;
    iii. copy, alter, modify, create derivative works from, reproduce to a third party, reverse assemble, reverse engineer, reverse compile or enhance the Software;
    iv. use the Software in any way which is in breach of any applicable laws any person's rights, including intellectual property rights;
    v. use the Software in any way that damages, interferes with or interrupts the supply of the Software;
    vi. use the Software to carry out security breaches or disruptions of a network;
    vii. send any unsolicited email messages through or to users of the Software in breach of the Spam Act 2003 (Cth) or to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages or use the Software in breach of any person's privacy (such as by way of identity theft or "phishing");
    viii. use the Software to circumvent user authentication or security of any of your networks, accounts or hosts or those of your customers or suppliers; or
    ix. solicit or entice away, any person or organisation that was our actual or prospective client, employee, contractor, representative, agent, or developer during the Term and for a period of twelve months after the Term.

This section explains how the Software License works for using Birdi's software:

  • If you pay the Portal Fees or are on a free account, Birdi gives you a special permission (license) to use their software. This is for both personal and business use during your Plan's time.
  • You can only use the software the normal way it's supposed to be used.
  • You can access and use the software through your Account or as agreed with Birdi.
  • Birdi can say no to any request about the software if it's not right or against the rules.
  • Birdi can change or stop parts of the software, but they'll let you know if it's something important.
  • You promise to use the software only as the license says and not to mess with Birdi's rights.
  • You can't give the software to others, put it on the internet, copy, change, or do anything that breaks laws or rights.
  • You shouldn't use the software to damage it, break the law, or do harm to others.
  • You can't misuse the software for spam, hacking, or other harmful things.
  • You shouldn't use the software to mess with privacy, steal identities, or disturb others.
  • You can't try to bypass security or use the software to mess with networks or accounts.
  • And finally, you agree not to steal Birdi's clients, employees, contractors, or agents during your time using the software and for twelve months afterward.
8. Intellectual Property Rights
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  1. As between the parties, all intellectual property (including copyright, designs, patents, trademarks and other intellectual property rights) developed, adapted, modified or created by us or our personnel (including in connection with the Birdi Platforms, the Software, the Services the Terms and including all of the Content on the Birdi Platforms, including all text, graphics, logos and audio, excluding the Mission Data and any deliverables of the Accepted Mission) will at all times vest, or remain vested in us.
  2. As between the Client and the Pilot, all intellectual property (including copyright, designs, patents, trademarks and other intellectual property rights) in the Mission Data and any deliverables of the Accepted Mission will at all times vest, or remain vested in the Client. The Client grants the Pilot a royalty free, revocable, non-transferable and non-sublicensable licence to use the Mission Data and any deliverables of the Accepted Mission for the purposes of carrying out the Accepted Mission and as reasonably contemplated by the Terms.
  3. Your use of our Portal and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to the Birdi Platforms or the Content. However, we do grant you a limited, royalty free, revocable, non-transferable and non-sublicensable licence to use the Services and the Content solely for the purposes of accessing and using the Portal and the Services, in accordance with the Terms.
  4. Any reproduction or redistribution of the Birdi Platforms or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution. All other use, copying or reproduction of the Birdi Platforms, the Content or any part of it is prohibited, except to the extent permitted by law.

This section talks about intellectual property rights:

  • Birdi owns all the rights to any intellectual property they develop, modify, or create, including what’s on the Birdi Platforms, Software, and Services (excluding Mission Data and deliverables from Accepted Missions).
  • Between Clients and Pilots, the rights to Mission Data and deliverables from Accepted Missions belong to the Client. They give the Pilot a limited license to use these things for the purpose of completing the mission.
  • Just using the Portal and its content doesn't give you ownership of Birdi's products. But you're given a limited license to use the Services and Content for using the Portal as intended.
  • Copying, redistributing, or misusing Birdi's stuff is not allowed and can lead to legal consequences.
9. Privacy
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  1. We collect personal information about you in order to provide you with access to the Birdi Platforms and the Services and for purposes otherwise set out in our Privacy Policy.  By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.
  2. In particular, you consent to us providing your personal information to:
    i. our related bodies corporate to provide information, goods and services to you;
    ii. our suppliers, contractors and advisors who assist us in providing information, goods and services to you; and
    iii. other third parties if you have expressly consented or have opted in to receiving marketing and product information from them.
  3. Our Privacy Policy explains:
    i. how we store and use, and how you may access and seek correction of / correct your personal information;
    ii. how you can lodge a complaint regarding the handling of your personal information; and
    iii. how we will handle any complaint.
  4. If you would like any further information about our Privacy Policy, please contact us at support@birdi.io

This section covers privacy and how your personal information is handled:

  • Birdi collects your personal info to give you access to the platforms and services. By sharing your info, you agree to how Birdi uses, stores, and shares it, as detailed in the Privacy Policy and these Terms.
  • You're allowing Birdi to share your info with related companies, suppliers, contractors, and others who help provide services.
  • If you've agreed or signed up for it, Birdi can share your info with other third parties for marketing and product info.
  • Birdi's Privacy Policy explains how they use your info, how you can access or correct it, and how you can complain if you're not happy.
  • If you want more info about the Privacy Policy, you can contact Birdi at support@birdi.io.
10. Data
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  1. You grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use the information, documents and other data you provide to us or upload to the Software or which we otherwise access in providing the Services and including any Mission Data (Data) and any intellectual property rights in the Data, including:
    i. supply the Services and to perform our obligations under these Terms;
    ii. for diagnostic purposes and to test, enhance and otherwise modify the Services; and
    iii. to develop other services.
  2. If you have any moral rights (as defined in the Copyright Act 1968 (Cth)) (Moral Rights) in any Data, you consent to the infringement of those Moral Rights by us or our personnel.
  3. You agree to ensure the integrity and your use of your Data is compliant with all laws. You represent and warrant that:
    i. you have obtained all necessary rights, releases and permissions to provide all your Data to us and to grant the rights granted to us in the Terms; and
    ii. your Data and our use of it under the Terms does not violate any laws and any use is not inconsistent with the Privacy Policy.
  4. We are not liable for your Data, and you shall be solely responsible for your Data.
  5. Despite anything to the contrary in the Terms, we may monitor, analyse and compile statistical and performance information based on and/or related to your use of the Services (Analytics). You agree that we may make such Analytics publicly available, provided that they:
    i. do not contain identifying information; and
    ii. are not compiled using a sample size small enough to make the underlying data identifiable.
  6. As between the parties, we own all right, title and interest in and to the Analytics and all related software, technology, documentation and Content (including intellectual property rights).
  7. Data processing: We currently use a third party for our data processing, called Agisoft Metashape
    i. Accuracy of data processing is determined by the quality of the data uploaded. We take no responsibility for the accuracy of this data.

This section explains how data is handled:

  • You give Birdi a license to use the information, documents, and other data you provide or upload. This includes the data from missions and any intellectual property rights in that data.
  • Birdi can use this data to provide services, improve their offerings, and create new services.
  • If you have any moral rights in your data, you allow Birdi to use it even if that means infringing on those rights.
  • You promise that the data you provide is legal and doesn't break any laws or privacy rules. You also agree that Birdi isn't responsible for your data, and you are.
  • Birdi can collect and use statistical and performance info based on how you use their services (Analytics), but this info won't identify you personally.
  • Birdi owns the rights to these Analytics.
11. Security of information
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  1. No data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information provided by you which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk.
  2. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

This part talks about the security of your information. While Birdi tries to protect your data, no internet transmission is completely secure. Even though Birdi will do their best to keep your data safe, any data you send to them is at your own risk. After Birdi receives your data, they will work to keep it secure using reasonable methods.

12. Termination
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  1. You may only terminate your Account by emailing us at support @birdi.io  No refunds will be given upon termination in accordance with this clause.
  2. We may, at any time and at our sole discretion, suspend or terminate your Account for any reason. You must ensure that all your Data on the SaaS Services is backed up so that you do not lose your Data if we suspend or terminate your Account. We will generally alert you when we take such action and give you a reasonable opportunity to remedy any breach of these Terms, but if we determine that your actions endanger the operation of the Services or other users, we may suspend or terminate your Account immediately without notice. You will continue to be charged for the Services during any suspension period in which you are in breach of these Terms. If we suspend your Account and you are not in breach of these Terms, we will apply a credit to your Account for the Fees you have paid for any unused portion of your Plan to which the period of suspension relates.  If we terminate your Account and you are not in breach of these Terms, we will refund you the Fees you have paid for any unused portion of your Plan. If we terminate your Account and you are in breach of these Terms, no refunds will be given.  
  3. We reserve the right to restrict, suspend or terminate without notice your access to our Platform, your Account, any Content, or any feature of our Platform at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
  4. Upon expiry or termination of these Terms or termination of your Account:
    i. we will remove your access to the Platform;
    ii. we will immediately cease providing the Platform Services to you; and
    iii. where you are a Pilot, we will cancel any existing Accepted Missions and you will lose any Mission Fees and other amounts paid.
    iv. where you are a Client, we will cancel any existing Accepted Missions and refund any relevant Mission Fees.
  5. Where you are a Pilot or a Client and you have a Mission Contract on foot, and the other Account holder's Account is terminated for whatever reason, the relevant Accepted Mission will be terminated and any Mission Fees refunded or credited. 
  6. Your Plan will automatically renew at the end of the Plan period (and for the same Plan cycle) unless you terminate or change your Account prior to the renewal date.

This section explains the termination of your account and services:

  • You can terminate your account by emailing support@birdi.io. No refunds will be given if you terminate.
  • Birdi can suspend or terminate your account for various reasons at their sole discretion. If they do, it's a good idea to have your data backed up.
  • Birdi will usually give you a chance to fix things if you break the terms, but if they think you're endangering the services or other users, they might suspend or terminate your account immediately.
  • If Birdi suspends your account for their own reasons, they might give you a credit for the unused part of your plan's fees.
  • If they terminate your account because you've broken the terms, no refunds will be given.
  • Birdi can restrict, suspend, or terminate your access to the platform, account, content, or features at any time without notice. They're not responsible for any losses that result from this.

When these terms expire or your account is terminated:

  • Your access to the platform will be removed.
  • Birdi will stop providing platform services to you.
  • If you're a Pilot, ongoing missions will be cancelled, and you'll lose any fees paid.
  • If you're a Client, ongoing missions will be canceled, and you might get a refund.
  • If there's an active mission contract and one account holder's account is terminated, the related mission will be canceled, and fees might be refunded.
  • Your plan will renew automatically unless you cancel or change it before the renewal date.
13. Limitation of Liability
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  1. Despite anything to the contrary, to the maximum extent permitted by the law: 
    i. our maximum aggregate liability arising from or in connection with the Terms (including the Services or the subject matter of the Terms) will be limited to, and must not exceed the total amount of Portal Fees you paid to us in the year in which the liability arose; and
    ii. we will have no liability for any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
  2. Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against any liability caused or contributed to by, arising from or connected with:
    i. any damage, injury or loss to any person or property (including any drone) or to your Computing Environment;
    ii. the Services being unavailable, any outage or interruption or any delay in us providing the Services to you, for whatever reason;
    iii. your or your personnel's acts or omissions;
    iv. any breach by you (or any of your personnel) of any third-party rights (including intellectual property rights or privacy) or of any privacy or confidentiality obligations;
    v. any claim that you have or may have under the Insurance;
    vi. any use or application of the Services, the Birdi Platforms, the Software, your Account or the Content by a person or entity other than you, or other than as reasonably contemplated by the Terms;
    vii. any third parties or any goods and services provided by third parties, including customers, end users, suppliers, providers or other subcontractors which the provision of the Services may be contingent on, or impacted by;
    viii. your choice of the Insurance and/or the appropriateness or suitability of the Insurance for any purpose;
    ix. any Accepted Mission, Mission Contract or any breach or failure by a Client or a Pilot to fulfil an obligation under the Mission Contract; or
    x. any event outside of our reasonable control.
  3. Despite anything to the contrary, to the maximum extent permitted by law, you are liable for, and agree to indemnify us and hold us harmless in respect of, any liability that we may suffer, incur or otherwise become liable for, arising from or in connection with:
    i. any claim (whether valid or otherwise) made by you under the relevant policy of Insurance;
    ii. your Data; and
    iii. your use of the Birdi Platforms, the Services, the Software or any breach of these Terms by you.
  4. This section will survive termination of the Terms.

This section basically says:

  • Birdi won't be liable for certain types of losses to the extent allowed by law.
  • If there's any issue related to the services, our liability is limited to the total amount you paid as Portal Fees in the year the issue happened.
  • We're not responsible for things like lost profits, business disruption, data loss, or damage caused by the services.
  • We won't be held liable for issues such as damage to property or drones, service interruptions, mistakes made by you or your team, third-party claims, or events beyond our control.
  • If you have any claims related to insurance or data, you're responsible for them, and you agree to cover us if we become liable because of them.
  • These rules continue to apply even if the agreement ends.
14. Indemnity
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  1. You agree to indemnify, hold harmless and defend Birdi, our officers, directors, employees, agents, subcontractors, licensors and suppliers from and against all liabilities, loss, damages, claims, costs and expenses incurred by or awarded against Birdi (including reasonable legal fees) arising out of or in connection with your use of the Birdi Platforms, any content you provide, or your violation of any of the Terms.

This section says that you promise to protect and defend Birdi, including its people and partners, from any costs, damages, or legal claims that result from your use of the Birdi Platforms or your actions that break the Terms. This includes things like covering legal fees and paying for any losses or damages.

15. Reserved rights
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  1. Where it is reasonably necessary to protect our legitimate interests, Birdi reserves the right at any time without notice to:
    i. terminate, suspend or restrict your access to the Birdi Platforms if you are in violation of the Terms; and
    ii. stop or suspend the operation of the Birdi Platforms in our absolute discretion.
  2. Birdi reserves the right at any time without notice to:
    i. change all or part of the Terms;
    ii. where it is reasonably necessary to protect our legitimate interests amend, update, change or remove any part of the Birdi Platforms; and
    iii. make changes to any Services offered on the Birdi Platforms, or to the applicable prices for any such Services,
    iv. by posting the change to the Birdi Platforms.  Your subsequent or continued use of the Birdi Platforms will constitute your acceptance of and compliance with the change.  If you object to any change, your only remedy is to immediately discontinue your use of the Birdi Platforms.
  3. To the extent permitted by law, you agree that we are not liable to you or any third party in any way should we exercise such rights, nor will you be relieved of any existing and continuing obligation you agreed to or incurred during your use of the Birdi Platforms.

This section explains that Birdi has the right to take certain actions to protect its interests. If you violate the Terms, Birdi can suspend or terminate your access to the Birdi Platforms without notice. Birdi can also stop or pause the Birdi Platforms' operations at its discretion. Birdi can also change parts of the Terms, the Birdi Platforms, or the Services, and update prices. These changes will be posted on the Birdi Platforms. If you keep using the Birdi Platforms, you're agreeing to these changes. If Birdi exercises these rights, you can't hold them responsible, and any obligations you have under the Terms still apply. If you disagree with these changes, your option is to stop using the Birdi Platforms.

16. Warranties and disclaimers
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  1. You represent, warrant and agree that:
    i. in the case of an individual, you are at least 15  years old;
    ii. you will not use the Birdi Platforms, including its Content in any way that competes with our business;
    iii. you will not circumvent us in any way, including Pilots or Clients;
    iv. there are no legal restrictions preventing you from entering into these Terms;
    v. all information and documentation that you provide to us in connection with these Terms is true, correct and complete;
    vi. you have not relied on any representations or warranties made by us in relation to the Birdi Platforms (including as to whether the Portal is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms;
    vii. where you are a Client, you are responsible for complying with all laws, rules and regulations which apply to requesting the services in your Mission Requests;
    viii. where you are a Pilot, you are appropriately qualified and insured, and have the required skills, knowledge or training, to carry out the Accepted Missions; and
    ix. where you are the Client, you have all necessary consents, approvals, licences and authorisations in relation to an Accepted Mission, including to grant the Pilot access to the site, premises or location where the Accepted Mission is intended by the Client to be carried out.
  2. The Pilot agrees to affect public liability insurance, or equivalent, on or prior to accepting the Terms and to maintain such insurance for a reasonable period of time after termination of the Pilot's account, to a minimum level of $20 million. We may offer insurance as a service in accordance with clause 5.3. 
  3. The Pilot agrees that it must at all times be compliant with all applicable federal aviation laws including any rules and regulations established CASA. The Pilot agrees that it must, at all times, comply with all drone registration and licensing requirements, as determined by CASA.
  4. The Pilot must comply with all applicable laws (including to operate the drone legally and safely, and in accordance with any restrictions imposed by CASA). Should the Mission be affected by any CASA restrictions (including restricted air space and no fly zones), discussion between our operations team, the Pilot and the Client will occur to determine the best possible outcome.
  5. Certain legislation, including the Australian Consumer Law (ACL) and the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights). 
  6. If the ACL applies to you as a consumer, nothing in the Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our liability for the Services provided to an entity defined as a consumer under the ACL is governed solely by the ACL and the Terms. 
  7. The information on our Portal is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of information on our Portal, subject to your Statutory Rights, we exclude all express and implied warranties, and all material, information, documents and services (including the Services, our Portal and the Content) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.
  8. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.

This section explains some important promises you're making when using Birdi. You agree that you're at least 15 years old if you're an individual. You won't use Birdi's platforms in ways that compete with their business, and you won't try to get around their rules. You promise that there are no legal reasons stopping you from agreeing to these terms. The information you provide to Birdi is accurate, and you won't rely on any promises that Birdi didn't clearly state in these terms. If you're a Client, you're responsible for following the laws related to your mission requests. If you're a Pilot, you need proper qualifications, insurance, and skills to do the accepted missions. The Pilot also needs to follow aviation laws and drone regulations set by authorities. Certain laws might give you rights that can't be excluded, and Birdi respects these rights. The information on Birdi's platforms is not complete, and while they try to be accurate, they can't guarantee everything. If you have non-excludable rights, they will still apply.

17. Partner Referral Program
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By participating in our Partner Referral Program, you agree to the following terms and conditions. Please read them carefully before joining the Program.

17.1. Program Overview

The Partner Referral Program allows participants ("Referrers") to refer potential customers ("Referrals") to Birdi. Referrers are eligible to receive incentives for successful referrals.

17.2. Eligibility

To participate in the Program, you must be at least 18 years old, have a relevant audience that could benefit from using Birdi software, and you must apply for the Partner Program through Birdi’s Partner Program application form. Birdi reserves the right to disqualify anyone from participating in the Partner Program at any time.

17.3. Referral Process

Referrers must use the designated referral code link provided by Birdi to refer potential customers. When a Referral clicks on your link, there is a 365-day cookie window. If a Referral has clicked your link, and they sign up for a Birdi account or request an Enterprise demo within 365 days from that date, and they go onto pay for a Birdi Plus, Growth or Enterprise subscription, the Referral will be attributed to you.

17.4. Incentives

Incentives for successful referrals include the following:

a. 20% recurring commission for Plus and Growth plan subscriptions, for up to 3 years

  • If a customer cancels their subscription, the Referer’s commission will cease
  • If a customer’s subscription is ongoing for longer than 3 years, the Referer will receive commissions up until the end of the 3rd year of the subscription
  • Commissions are based on subscription value only. PAYG processing or additional services and add-ons are not included in the commission

b. $20 USD for Free plan Referrals who request PAYG processing

  • Free plan Referrals must request PAYG processing for the Referrer to receive $20 USD commission for the Free plan sign up

c. A one-off, $1,500 USD commission on Enterprise plan subscriptions

17.5. Referral Qualification

To qualify as a successful referral, the Referral must use the link provided by the Referrer and either:

  • Sign up for a paid Plus or Growth plan subscription (monthly or annual);
  • Sign up for a Free plan and request PAYG processing; or
  • Sign up as an Enterprise customer

17.6. Tracking and Reporting

Birdi will track and monitor the referrals received through the Referrer’s link. Referrers will be provided with access to a referral dashboard on a 3rd party website called FirstPromoter to view their referral activity and performance.

17.7. Payment and Reward Distribution

All Partners must provide their PayPal details in order to receive payment for paid Referrals.

Commissions earned through the Partner Program will be paid out to the Referrer on a monthly Net-20 schedule. Partners will be paid their previous month earnings on approximately the 20th of the following month. Payments will be made via PayPal.

17.8. Compliance with Laws and Policies

Referrers must comply with all applicable laws, regulations, and policies while participating in the Partner Program. Prohibited activities include, but are not limited to, spamming, fraud, and misrepresentation of Birdi.

17.9. Partner Program Changes and Termination

Birdi reserves the right to modify, suspend, or terminate the Partner Referral Program at any time, or to suspend or terminate any Referrer from the program at any time and for any reason Birdi deems appropriate. Any changes or termination will be communicated to Referrers in advance.

17.10. Confidentiality and Intellectual Property

Referrers agree to maintain the confidentiality of any non-public information shared by Birdi during the Program. Referrers do not acquire any rights or licenses to Birdi's intellectual property through participation in the Program.

17.11. Limitation of Liability

Birdi and its affiliates are not liable for any damages or losses incurred through participation in the Program. The Program is provided on an "as-is" basis, and Birdi disclaims any warranties or guarantees regarding its availability or functionality.

17.12. Governing Law and Jurisdiction

These terms and conditions shall be governed by and construed in accordance with the laws of law of New South Wales (NSW), Australia. Any disputes arising from the Program shall be subject to the exclusive jurisdiction of the courts in NSW, Australia.

This section basically says the Partner Referral Program is a program where qualified Referrers can refer people to Birdi through their own unique link, and if they become paying customers, the referrer can earn rewards. But you need to follow the rules and laws. Birdi can also change or end the program, or terminate any Referrer from the program at any time and for any reason.

18. Miscellaneous
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18.1. Notices
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  1. Unless specified otherwise, any notices or other communications permitted or required under these Terms, will be provided electronically via email or the Portal.
  2. We may contact you via the Portal using in-account notifications, or via off-Portal communication channels, such as a phone call, text message or email.
  3. The Client and the Pilot may communicate with each other outside of the Portal, provided that they must not use the contact details provided by Birdi to organise missions that do not make use of the Portal.
18.2. Disputes
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  1. Mission Disputes
    i. The Client must issue a Notice of Dispute (as defined in clause 17.2(a)(ii)) to us within 7 days if it considers that there are any non-compliances of the Mission Data with the Accepted Mission, failing which the Accepted Mission will be deemed to have reached Completion.
    ii. Within 2 working days of Completion either the Client or the Pilot may contact us if it has an issue with respect to an Accepted Mission (Notice of Dispute).
    iii. We will use our best endeavours to facilitate the resolution of the matters the subject of a Notice of Dispute.
    iv. To the extent that we are unable to facilitate a resolution, the Pilot and the Client agree that we may make a determination of the matters the subject of the Notice of Dispute.
    v. To the maximum extent permitted by law, and subject to any rights of the Pilot or the Client under the Mission Contract, any determination we make will be final and binding.
    vi. If the Notice of Dispute involves the Client alleging that Completion has not occurred, and we:
          A. determine that Completion has occurred, the Client must pay the Mission Fee immediately; and
          B. determine that Completion has not occurred, the Client may elect to:
                1. cancel the Accepted Mission, in which case the Mission Fee will be credited to the Client; or
                2. request that the Pilot carry out the Mission (or the relevant part of the Mission) again and the Pilot, unless it has reasonable reasons for not doing so (in which case, the Accepted Mission will be cancelled and the Mission Fee will be credited to the Client) will to do so within a reasonable period of time.
    vii. Nothing in the Terms limits or affects any rights that a Pilot or a Client may have at law (including to commence proceedings) in relation to the Mission Contract between the Pilot and the Client.
    viii. To the maximum extent permitted by law, the Client and the Pilot agree to not commence any proceedings of any kind against us in relation to the Mission Contract (including a breach or failure to fulfil an obligation under the Mission Contract by the relevant party to the Mission Contract) and we may rely on this paragraph as a bar to any proceedings brought against us.
  2. Other Disputes
    i. A party must issue a notice of dispute to the other party if it considers that a dispute, other than a dispute under clause 17.2(a), arose under the Terms.
    ii. Neither party may commence court proceedings relating to any dispute arising from, or in connection with the Terms without first meeting with a representative of the other party to seek (in good faith) to resolve the dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this provision).
    iii. To the extent that the parties are unable to resolve the dispute, the matter may be referred to litigation.
18.3. No Partnership
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  1. These Terms are not intended to create a partnership, joint venture, employment or agency relationship (except to the extent set out in clause 5.1 where Birdi acts as limited payment collection agent) between the parties.
18.4. Corporate warranties
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Each party warrants to the other party that:

  1. the execution, delivery and performance under these Terms are duly authorised by its company rules and, to the best of its knowledge, does not conflict with any applicable law;
  2. there is no action, suit, proceeding or official investigation against that party (either actual or threatened) that could reasonably have a material adverse effect on its ability to perform its obligations under these Terms; and
  3. it is not insolvent within the meaning of section 95A of the Corporations Act 2001 (Cth) or otherwise and there is no unfulfilled or unsatisfied judgment or court order outstanding against it.
18.5. Ambiguity or discrepancy.
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You must inform us of any ambiguity or discrepancy discovered in these Terms and we will direct you as to the interpretation to be followed.  You will have no claim as a consequence of any such direction. 

18.6. Assignment and Novation
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  1. You may not assign, novate or otherwise transfer any of the rights or obligations under these Terms without Birdi's prior written consent.  
  2. Birdi may assign, novate or otherwise transfer any of its rights or obligations under these Terms without your prior written consent.  
18.7. Entire understanding
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These Terms set out the entire agreement and understanding between the parties on everything connected with the subject matter of these Terms and supersedes any prior agreement or understanding on anything connected with that subject matter.

18.8. Variation
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An amendment or variation to these Terms are not effective unless it is in writing and signed by both parties.

18.9. Waiver
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  1. Birdi’s failure or delay to exercise a power or right does not operate as a waiver of that power or right.
  2. The exercise of a power or right does not preclude either its exercise in the future or the exercise of any other power or right.
  3. A waiver is not effective unless it is in writing.
  4. Waiver of a power or right is effective only in respect of the specific instance to which it relates and for the specific purpose for which it is given.
18.10. Severability
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  1. If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
18.11. Governing law and jurisdiction
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The law of New South Wales governs these Terms.  The parties submit irrevocably to the non-exclusive jurisdiction of the courts of the New South Wales and of the Commonwealth of Australia.

18.12. Survival of obligations
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  1. Provisions of these Terms which are by their nature intended to survive will survive cancellation or suspension of your Account or termination or expiry of these Terms.
18.13. Indemnities
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The indemnities in these Terms are continuing obligations, independent from the other obligations of the parties under these Terms.  It is not necessary for a party to incur expense or make payment before enforcing a right of indemnity under these Terms.

19. Contact Us
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  1. If you have any questions about these terms, please email us.
20. Definitions and interpretation
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20.1. Definitions

In this documents, unless the contrary intention appears:

Account has the meaning in clause 4(a).

Account Holder means a person accessing the Portal.

Additional Services means the services set out in clause 5.3.

Birdi means Birdi Pty Ltd (ABN 64 614 016 929) and any related entities from time to time, and us, we and our have corresponding meanings.

Birdi Platforms mean the Website and the Portal owned and operated by Birdi.

Client has the meaning in clause 4(b)(ii) or clause 4(b)(iii).

Computing Environment includes all systems, information technology and telecommunications services.

Content means all the content, material and information on the Birdi Platforms.

Data has the meaning set out in clause 10(a).

Client has the meaning in clause 4(b)(ii).

Drone Services means the services set out in clause 5.1.

Missions have the meaning in clause 5.1(a)(i).

Mission Request has the meaning in clause 5.1(a)(iii).

Pilot has the meaning in clause 4(b)(i).

Plan has the meaning in clause 5.2(a)(i).

Portal means the cloud-based software platform and marketplace, accessible from the Website.

Portal Fees means the fees set out in clause 5.2(b)

Portal Services means the services set out in clause 5.2(a).

Privacy Policy means the policy accessible on the Birdi Platforms. 

Services means the Drone Services, Portal Services and Additional Services.

Software means the software as a service, accessible on the Portal, as described in clause 7(a).

Subcontractor means

Terms means these terms and conditions.

Website means https://www.birdi.io/ and affiliated websites operated by Birdi. 

20.2. Eligibility

  1. Reference to:
    i. one gender includes the others;
    ii. the singular includes the plural and the plural includes the singular;
    iii. a person includes a body corporate;
    iv. a party includes the party’s executors, administrators, successors and permitted assigns;
    v. a thing includes the whole and each part of it separately;
    vi. a statute, regulation, code or other law or a provision of any of them includes:
          A. any amendment or replacement of it; and
          B. another regulation or other statutory instrument made under it, or made under it as amended or replaced; and
          C. dollars means Australian dollars, unless otherwise stated.
  2. Measurements of physical quantities must be in legal units of measurement of Australia.
  3. "Including" and similar expressions are not words of limitation.
  4. Where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning.
  5. Headings and any table of contents or index are for convenience only and do not form part of these Terms or affect its interpretation.
  6. A provision of these Terms must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of these Terms or the inclusion of the provision in these Terms.
  7. If an act must be done on a specified day which is not a business day, it must be done instead on the next business day.
  8. If any provision of these Terms are unenforceable, illegal or void or makes these Terms or any part of it unenforceable, illegal or void, then that provision is severed and the rest of this Agreement remains in force.

If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at: support@birdi.io

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