These Terms are binding on you from the date you start accessing or using the Birdi Platforms, Services or Software until the earlier of:
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:
Section 5.1 a) talks about how Drone Services work on the Portal:
Section 5.1 b) explains how payments for missions work:
This section explains how the Portal Services and fees work:
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.
This section explains how third-party links work on Birdi Platforms:
This section explains how the Software License works for using Birdi's software:
This section talks about intellectual property rights:
This section covers privacy and how your personal information is handled:
This section explains how data is handled:
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.
This section explains the termination of your account and services:
When these terms expire or your account is terminated:
This section basically says:
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.
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.
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.
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.
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.
Incentives for successful referrals include the following:
a. 20% recurring commission for Plus and Growth plan subscriptions, for up to 3 years
b. $20 USD for Free plan Referrals who request PAYG processing
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:
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.
Each party warrants to the other party that:
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.
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.
An amendment or variation to these Terms are not effective unless it is in writing and signed by both parties.
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.
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.
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).
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).
Terms means these terms and conditions.
Website means https://www.birdi.io/ and affiliated websites operated by Birdi.
If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at: email@example.com