TERMS OF SERVICE​

1. INTRODUCTION

BY ACCESSING OR USING THE MY BIRD BUDDY ONLINE STORE YOU ACCEPT AND UNDERTAKE TO BE BOUND BY THESE CONDITIONS. IF YOU DO NOT ACCEPT THESE CONDITIONS, DO NOT ACCESS AND/OR USE THE MY BIRD BUDDY ONLINE STORE.

Subject to Your acceptance of and compliance with these Conditions, we grant You a personal, limited, non-exclusive, revocable and non-transferable license to use the Website solely for Your personal and non-commercial purposes as set forth in these Conditions.

Before You use our Website or place an Order, if You have any questions relating to these Conditions, please contact support@mybirdbuddy.com.

Definitions

“Company” or “We” or “Us” means Bird Buddy Inc., company number: 3664889, a corporation organized under the laws of Delaware, with a registered office at this date at 651 N Broad Street, Suite 206, Middletown, 19709 New Castle, Delaware, United States and business address at Ziherlova 4, 1000 Ljubljana, Slovenia and its affiliates and subsidiaries;

“Online Store or Store” means the store located on the Website;

“Website” means the website located at www.mybirdbuddy.com or any other URL which may replace it;

“You” means a User of the Website;

“Users” means the Users of the Website collectively;

“Agreement” The Agreement shall consist of documents as described in Section “Order acceptance policy”, these Conditions and Privacy Policy. The agreement shall be deemed concluded when You place an Order to purchase the Product/s in accordance with these Conditions and receive the acceptance of your Order by Us. By entering into this Agreement, You accept to be bound by these Conditions and the Privacy Policy;

“Your Order or Order” means the offer you place via our Store for the purchase of Our Products which shall be binding for Us upon our Acceptance of your Order;

“Confirmation of receipt of your Order” means confirmation of receipt of your Order which shall be sent to You by e-mail promptly upon placing an Order. Confirmation of receipt of your Order shall include a list of purchased Products, basic information from Product Description, purchase and delivery price;

“Acceptance of your Order” means acceptance of your Order which will be sent to You by e-mail after or together with the Confirmation of receipt of your Order. Acceptance of Your Order constitutes binding Agreement and shall include a list of purchased Products, basic information from Product Description, purchase and delivery price, invoice, delivery date and other delivery information as well as these Conditions. By receiving the Acceptance of your Order, you have successfully placed your Order and the Agreement between You and Us is deemed concluded.

“Conditions “ means these General terms and conditions for the use of the Online Store and any applicable Special Conditions; Conditions are available at the right bottom of the Webpage or on link https://mybirdbuddy.com/terms-of-service;

“Special Conditions” means the terms and conditions in the Product Description as well as any additional conditions that apply to these terms and conditions;

“Product” means a product displayed for sale on the Online Store;

“Product Description” means that part of the Online Store where description, including certain terms and conditions in respect of the individual Product is provided;

“Pre-Order” shall mean Your offer to Us to purchase the Product/s that are not in stock, but for which a Pre-Order can be made;

“Cookies” means small text files which our Website places on Your computer’s hard drive to enable information about Your shopping session and to identify Your computer;

“Personal Information” means the details provided by You on registration as well any information regarding behavior on the Website, information on placed Orders and sales and any other information submitted by You to Us.

“Privacy Policy” means the policy and procedures on the collection, use and disclosure of Your personal information when You use the Website and tells You about Your privacy rights and how the law protects You. The Privacy Policy is available at the right bottom of the Webpage or on link https://mybirdbuddy.com/privacy-policy

2. ACCESS

Use of the Website

Your access to and use of this Website is conditioned on Your acceptance of and compliance with these Conditions and the Privacy Policy. These Conditions and the Privacy Policy apply to all visitors, users and others who access or use this Website. By accessing or using this Website You agree to be bound by these Conditions and the Privacy Policy. If You disagree with any part of these Conditions or the Privacy Policy then You may not access the Website.

Any Orders placed by You must be placed strictly in accordance with these Conditions. By placing an Order through Website, You warrant that You are not a minor, that You are at least 18 years of age and that You have full legal capacity to enter into this Agreement. If You are under 18 years of age or a minor in Your country of residence, or under legal custody, You warrant that You are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

If You are placing an Order for a legal entity, You represent and warrant that You have acquired consent from the statutory representative for placement of such Order.

By accessing this Website, You irrevocably understand and agree that You can communicate and operate with Us only in English language.

When using the Website, You are responsible for maintaining the confidentiality of Your account and password (if any) and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password.

You agree to use the Website in a manner that does not cause harm to Us, other Users or third parties. We reserve the right to terminate or restrict Your access to the Website without prior notice if You violate these Conditions or if You abuse the Website or access the Website to an unusual extent. We are entitled to prevent access to the Website if We have reason to believe that You are engaged in illegal activity or compromise other Users’ or Our data security or privacy.

We may suspend the Website where necessary for example for installation, amendment or maintenance work or if laws, regulations or authorities so require or if there are other justifiable reasons for suspension. We aim to ensure that the suspension is as short as possible. We reserve the right to cease operating the Website or offering it to the public at our sole discretion.

You consent to being automatically redirected to localized version of the Store which is closer to Your location, If such possibility exists.

Modifications to the Website

We reserve the right to: modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to You and You confirm that we shall not be liable to You or any third party for any modification to or withdrawal of the Website; If such changes necessitate changes in Your operating environment or other devices, You shall make such changes at Your own expense.

Modification of these Conditions

We reserve the right to: modify and/or change the Conditions and/or the Privacy Policy from time to time, and Your continued use of the Website (or any part thereof) following such change shall be deemed to be Your acceptance of such change. It is Your responsibility to check regularly to determine whether the Conditions and/or the Privacy Policy have been changed. If You do not agree to any change to the Conditions and/or the Privacy Policy then You must immediately stop using the Website and must not access and/or use the Website.

The most current version of the Conditions and the Privacy Policy is available at https://mybirdbuddy.com

Third party links

To provide increased value to our Users, We may provide links to other websites or resources for You to access at Your sole discretion. You acknowledge and agree that, as You have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

3. ORDERING PROCESS AND SHIPPING

Prices, shipping and related costs

For every purchase we offer a shipping rate based on the weight of the items included. The rates are displayed in US dollars ($USD). Flat rate includes shipping and handling costs for any Order of any size. In case products are dispatched to EU destinations the shipping rate already includes VAT at the VAT rate of your home country. You can always click on “Online Store logo” or any group of Products and You will leave the cart without placing an Order.

All prices in the Online Store are primarily in USD.

The prices for products dispatched to EU destinations include VAT at the VAT rate of your home country For legal entities, all purchases are subject to VAT at the VAT rate of your home country unless You have a valid VAT number which must be entered at the time of purchase. If You do enter Your VAT number You must account for VAT using the reverse charge method. The VAT number and company name must be verifiable on the ec.europa.eu database or You will need to provide proof of Your VAT registration. Any subsequent changes to the tax invoice are subject to an administration charge of up to 20.00 EUR.

The prices for products dispatched to destinations outside the EU do not include customs charges for import, any taxes (sales, use tax etc.) and other possible public charges. It is Your own responsibility to pay such taxes if Your shipping is to be made outside the EU.

General

Public charges. All prices are subject to public charges determined by the authorities, pursuant to the legislation in force from time to time. Please note that the public charges (additional customs, duties, taxes, brokerage charges etc.) may however apply depending on the shipping destination. Please note that we are not responsible for such charges, unless explicitly stated otherwise above.

Shipping charges. Shipping charges shall not be included in the purchase price and will be added to the purchase price. It shall be Your responsibility to pay the shipping costs in addition to the Product prices.

Conversions. When it comes to paying for Your Products, Your credit card company or Your bank will charge You in the currency defined above. However, You shall be debited in the currency of Your (credit card or bank) account and the bank will convert Your payment automatically to the charged currency when You pay. This amount may differ to the informational converted prices shown due to currency fluctuations. We are not responsible for any changes in currency rates and charged amounts from Your local currency to currency of payment that may occur between the time of checkout and the time Your payment is made.

Bank Fees. Please note that bank wire transfers may require additional bank transfer fees, which cannot be estimated at the time of making a purchase. It is Your own responsibility to pay such costs in accordance with the agreement that You have with Your bank.

Late payment interest. We only dispatch Products once we have received cleared payment. If for some reason there is a debt on Your account, we charge legal interest rate and reserve the right to set off any such amount with the payment for new ordered Products.

Cancelled or returned orders. We reserve the right to charge a fee for restocking, processing and shipping of cancelled or returned orders, except where otherwise provided herein. Should You wish to amend or cancel an order prior to dispatch, there will be a handling fee of up to 20.00 € if Your order has already been packed. 

Internet connection costs. You shall be solely responsible for all internet connection costs when using our Website.

Making a purchase

It is a simple process to make a purchase. The technical steps required for concluding the purchase are as follows. Just browse our shop; once You click on a Product, a Product Description shall appear. Product Description shall consist of Product material/s, where applicable, its price and a short description, including package contents. Also, the shipping date will be defined. Please mind the shipping date, as it might be well in the future, as the product itself might currently still be under development. For some Products You can select different options, like colour. You can see purchase price on the right side of the Product.

You can add any Product You wish to buy into the cart, by clicking “Add to cart”. Chosen Products can be reviewed by clicking on the cart at the right top side of the Website. Website offers different Add-Ons for the relevant Product you have put into your shopping cart. You can remove any chosen Product by clicking on the cart and then clicking on button to reduce the quantity or clicking the “x” on the upper left corner of the picture of the Product You want to remove.

On the right side of each Product, You can see the purchase price. The cart shall automatically add up Your total purchase price. Be sure to check quantities and selected Products before placing an Order. All Product purchased are subject to a one-time payment.

If You want to buy chosen Products, please read carefully the Terms of Service available at the right bottom of the Website. If You do not agree with the Conditions please do not access and/or use the Online Store. If You do not accept the Conditions, You cannot make a purchase and You can leave the Website at any time. For making an Order simply click on button “Proceed to checkout and accept terms”. If You do not wish to make an Order You can click on the Online Store logo or Home link and You will leave the cart without placing an Order.

Checkout Option 1: Once You click on “Proceed to checkout “, Your purchase details shall appear, stating chosen Products and total purchase price, including VAT tax (for products dispatched to EU destinations), on the right side of the page. You will have to add Your data (Email address, First name, Last name, Address, City, Country and Postal code) into the form displayed. In case of missing data, You will not be able to place Your Order. Please bear in mind that such data is necessary to prevent misrepresentations and to inform You about Your rights and obligations once placing the Order. If You do not wish to place an Order, You can always click on ” My Bird Buddy Shop “, on the top of the Webpage or on the »Return to cart« link at the left bottom of the Webpage.

After adding all Your data into the form displayed, You click on “Continue to shipping” and Your final order shall appear, with list of selected Products and total amount to be paid for the Products. Shipping details and shipping options will be displayed and shipping costs will be automatically added to Your total purchase price for selected Products shown at the right bottom side of the Webpage so that the Total amount shall include the shipping costs and potential discounts. Please enter your Billing & Payment data (Credit card type, Card number, Name on card, Expiry, CVV) on the left side of the page. If You do not know what CVV means, simply click on a »question mark« next to CVV to find out. Please review Your information. Shipping address is the same as billing address You have added into the form before. If You want to change Shipping address, You can do that by clicking “Edit” and then enter a new address, where You add Your data (First name, Last name, Address l, City, Country, and Postal code) into the form displayed. You will change Your shipping address by clicking “Continue”. If You want to change billing address please click on “Use a different billing address “.

You can check the box in the field »Subscribe to our newsletter« if you want to receive occasional emails about new products, promotions and other news.

If You decide to confirm Your payment, click on the button “Agree and pay”.

You can always click on ” My Bird Buddy Shop ” on the top of the Webpage or on the »Home« button and Your Order will be cancelled.

Once You place an Order, it shall be treated in accordance with Section “Order acceptance policy”.

Order acceptance policy

Our Store constitutes an invitation to place offers for purchase of Our Products. By placing Your Order and paying the purchase price and related costs, You make an offer to Us to buy Our Products. Confirmation of receipt of Your Order shall be sent to You by e-mail promptly upon making an Order. Confirmation of receipt of Your Order does NOT mean that Your order is accepted, but merely that You successfully placed Your Order and that we need to review it. In case of a change of price, Product Description, lack of stock or other possible problems, We will always contact You first to ensure that the changes are acceptable for You. Confirmation of receipt of Your Order shall include Your Order details containing list of purchased Products, invoice, basic information from Product Description, purchase and delivery price and taxes.

We may also require additional verifications or information before accepting any Order.

After or together with the Confirmation of receipt of Your Order, We will send You an acceptance of Your Order. Acceptance of Your Order constitutes binding Agreement and shall include a list of purchased Products, basic information from Product Description, purchase and delivery price, invoice, delivery date, other delivery information as well as these Conditions. By receiving the Acceptance of Your Order, You have successfully placed Your Order and the Agreement between You and Us is deemed concluded.

Non-confirmation of Your Order

You will be informed about non-acceptance of your Order to Your contact e-mail.

Non-acceptance of Your Order may be a result of one of the following:

• The Product You ordered being unavailable from stock or unavailable for pre-order.
• Our inability to obtain authorization for Your payment.
• The identification of a pricing or Product description error.
• Customs or shipping limitations for Your country.
• You not meeting the eligibility criteria set out in these Conditions.
• You not providing additional verifications or information.

In case of non-acceptance of Your Order, Your payment (if any) shall be refunded within the shortest possible timeframe, but no later than within fourteen (14) days following notice of non-acceptance.

We strive to achieve the best possible user experience. We however cannot guarantee that Your Order will be received and/or accepted. We are not in any way liable to You in such event.

Product Description

Each Product is subject to its Product Description which sets out additional Special Conditions related to that Product. We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered into the system. Although We aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the situation exactly at the moment You place an Order. Should a Product ordered by Us appear to be contrary to the Product Description provided, Your sole remedy is to return the Product(s) under these Conditions. We cannot confirm the price and any other component of Product Description until Your Order is accepted in accordance with Our Order acceptance policy.

Associated Mobile Application

Product may be offered with an associated mobile application. In such case download and use of such associated mobile application shall be subject to additional terms and conditions (including separate mobile application-specific privacy policy) that would need to be accepted by You prior to downloading and installing the application to your device. Your refusal to accept such additional mobile application-specific terms and conditions shall result in your inability to use such mobile application. Consequently some functionalities of the Product might be disabled or hampered. Your sole remedy in such case is to return the Product(s) under these Conditions.

Shipping information & estimated delivery times

Products will usually ship the following business day after the day Your Order is accepted. However, in rare cases handling time can be up to 2 days. In case of Pre- Order, the shipping time shall be estimated when placing Your Order.

Due to the global chip shortage caused by Covid-19 pandemic Pre-Order dates might be delayed due to force majeure. The buyer understands that planned shipping dates are indicative dates and understands and agrees with possible delay of shipping due to Covid-19 pandemic. If You want to make a refund for a reason of Pre-Order shipping delay, such a request for a refund may be rejected by the Company.

For any returns and/or cancellations of the Product see point 4. of this Terms and Conditions.

Estimated average delivery time shall be 7 – 21 working days after shipping.

Shipping and delivery times may vary depending on the Product, its availability, the country of delivery, carrier’s terms, force majeure and other possible practical factors. Please bear in mind that the stated shipping and delivery times are averages, but not guarantees.

In case of holiday rushes, We reserve the right to add a few additional days to the shipping times. The same applies to any delays that may occur due to Covid-19 pandemic.

Once You place an Order, You accept the terms and conditions of a selected carrier, for more information please see carrier’s General Terms and Conditions or contact support@mybirdbuddy.com.

In case of discrepancies between Conditions and carrier’s terms, these Conditions shall prevail. 

When delivery delay accrues, Your sole remedy shall be the right to cancel Your Order by sending Us e-mail on support@mybirdbuddy.com. Should You decide to do so, You will be refunded within fourteen (14) days following the notice of cancellation.

Claims

You can receive general information by sending an e-mail to support@mybirdbuddy.com. Any information, claims, requests and notices can be sent by e-mail on support@mybirdbuddy.com or to Bird Buddy Inc., Ziherlova 4, 1000 Ljubljana, Slovenia, and will be treated as stated in this Conditions and/or Privacy Policy. We will endeavor to reply within eight (8) days after the submission of Your claim. If non-conformance of the Product is obvious, We will endeavor to fulfill Our obligation within eight (8) days following Your claim.

If Your claim is denied and You have a legal right according to Your local law to submit the dispute to local authorities (excluding courts), You may do so, otherwise the dispute shall be settled with alternative dispute resolution procedure by EUROPEAN CENTRE FOR DISPUTE RESOLUTION, Tomšičeva ulica 6, 1000 Ljubljana, Slovenia for EU Customers or by American Arbitration Association for US Customers.

For EU

The parties agree that they will firstly attempt to resolve any disagreement, dispute or claim, arising out of or in relation to this contract, including questions related to a breach of the contract, its termination or invalidity, in mediation at the European Centre for Dispute Resolution, Ljubljana, in accordance with the ECDR Rules on mediation. The parties undertake that pending completion of mediation proceedings none of them is allowed to initiate arbitral or court proceedings in regard to the disagreements, disputes or claims stated in the previous paragraph. The parties agree that if mediation fails, or if disagreement, dispute or claim is not consensually sorted out in mediation within 30 or 60 or 90 days from the commencement of mediation, the mediator assumes the role of an arbitrator and continues with the accelerated arbitration proceedings in accordance with the ECDR Arbitration and Med-arb procedure rules. All information regarding AAS and procedures are available on:http://www.ecdr.si/

For US customers and other world countries customers

The Parties shall attempt to resolve any dispute between them informally before initiating arbitration proceeding. Any controversy or claim arising out of or relating to this Terms, or the breach thereof, shall be settled by consumer mediation administered by the American Arbitration Association (hereinafter referred to as AAS) under its mediation rules. If controversy or claim arising out of or relating to this Terms is not settled within 60 days of commencement of the mediation or within such further period as the parties may agree in writing, it shall be settled by arbitration administered by the AAS under its Arbitration Rules for the resolution of consumer-related disputes and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrators’ decision shall be final and binding for both parties. The procedure shall be carried out in English language. The parties shall mutually agree on one arbitrator. Consumers are not prohibited from seeking relief in a small claims court for disputes or claims within the scope of its jurisdiction. All information regarding AAS and procedures are available on: http://www.adr.org

Feedback

In connection with Your use of the Website You may provide us with suggestions, ideas, reviews, comments, and questions or other information and/or material regarding the Website (“Feedback”). After providing the Feedback to Us You continue to retain any Intellectual Property Rights to the Feedback that You may have and You grant us and our partners a worldwide, perpetual, irrevocable and royalty-free right and license to use, copy, amend, modify, translate, further develop and make derivative works of the Feedback. You acknowledge that You also give to us, without charge, the right to commercialize Your Feedback in any way and for any purpose. We have no liability for any loss or damage suffered by You as a result of the disclosure or use of such Feedback.

You agree not to provide Us with Feedback that is subject to a third party license that requires Us to license the Website or the material contained therein to third parties because We include Your Feedback in the Website. Further, We do not solicit or wish to receive any Feedback from You that is deemed confidential or proprietary, unless specifically so requested by Us. Any Feedback that You submit to Us will be deemed non-confidential or non-proprietary, unless We have specifically stated otherwise. We are not responsible for Feedbacks of third parties or any materials that are provided by You and/or third parties.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Conditions and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Website or 100 USD if You haven’t purchased anything through the Website.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Website, third-party software and/or third-party hardware used with the Website, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Website is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Website will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Website, or the information, content, and materials or products included thereon; (ii) that the Website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Website; or (iv) that the Website, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the State of Delaware, excluding its conflicts of law rules, shall govern this Conditions and Your use of the Website. Your use of the Website and making Orders may also be subject to other local, state, national, or international laws.

Severability

If any provision of these Conditions is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Conditions shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

4. BIRD BUDDY PREMIUM SUBSCRIPTION TERMS AND CONDITION

This part of the Bird Buddy General Terms constitutes the agreement between you and us in relation to your purchase use of the Bird Buddy Premium Subscription (the “Premium Subscription”).

To purchase, access and use the features of the Premium Subscription on our Website or Mobile Application, you must accept these Terms and Conditions and carefully read through this section.

Although it does not form part of these General Terms, we also encourage you to read our Privacy Policy, to better understand how we process your data in connection with the features of the Premium Subscription and how you can update and delete your data.

Our provision of the Premium Subscription service

The Premium Subscription is a digital service that is made available by us so that we may provide paying users with additional features and capabilities in relation to their Bird Buddy Smart Bird Feeder and corresponding Mobile Application.

Premium Subscription features may include options and functionalities that allow users to ignore selected species, add additional guests to their Bird Buddy Smart Bird Feeder, record, receive and share postcards as High-resolution videos, let their Bird Buddy Smart Bird Feeder change battery and functionality modes, and more.

When purchasing the Premium Subscription you assent to the current Premium Subscription fees, the available Premium Subscription model and duration of the Premium Subscription as well as all provided features, benefits, capabilities and service level as they had been disclosed to you at the time of purchase on the Subscriptions subsection of our Website or any related part of our Mobile Application.

Users can also find details about the Premium Subscription model they are subscribed to by checking the relevant part of our Mobile Application (i.e. under settings or profile).

Some features, benefits, capabilities and benefits may not be available in all countries. We will disclose which features or subscriptions are available to you when you are signing up for a particular subscription. Please reach out to our support team prior to purchasing a subscription should you have any questions as to the functionalities and their availability.

Note that any subscription we may offer may be discontinued in the future, in which case you will no longer be charged for the subscription you had signed up for.

Free Trial

We may provide a free trial version of our Premium Subscription or other available subscription free-of-charge, for a specified period without payment or at a reduced rate (the “Free Trial”), if such Free Trial is available to you for sign-up through our Website or Mobile Application. We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services, whereby the Free Trial and all of our other active offers and their availability/requirements shall always be disclosed on the Subscriptions subsection of our Website.

By committing to a Free Trial, you agree to being bound by these General Terms and the pricing/subscription extension conditions that had been disclosed to you the Subscriptions subsection of our Website during sign-up.

Premium Subscription service Limitations and Modifications

We shall use reasonable care and skill to keep the Premium Subscription service operational. However, the features and other Premium Subscription service offerings and their availability may change from time to time without liability to you (such as temporary interruptions and outages due to technical difficulties, maintenance or testing, changes required by new laws or updates).

If we perform general changes or changes to the Premium Subscription fees (together: “Change” or “Changes”), we will inform you in text form (for example via e-mail) about the Changes and the reasons for the Changes within a reasonable period of at least 10 days before the Changes take effect. You may reject the Changes. Your consent will be deemed to have been given, if you have not rejected the Changes within a period of 10 days after receipt of the information. In this case the Changes will apply from the date that we have notified you in text form (e.g. by email). A Change to the Premium Subscription fee will however not apply until the next Premium Subscription fee is due.

You may cancel your Premium Subscription free of charge in accordance with the “Cancellation by you and refunds” section of these General Terms. At the beginning of the minimum 10-days-period, we will inform you once again on the effect of deemed consent (in case you do not reject), on the beginning and duration of the period to reject, and on your option for termination.

Any, including other, changes based on your express prior consent remain unaffected by the provisions of this section. If any Change is found invalid or for any reason unenforceable, that Change is severable and does not affect the validity and enforceability of any remaining Changes or conditions.

We as well as the applicable owners of any postcards/videos/audio recordings may remove any content without notice or remuneration to a Premium Subscription user.

Payment

Selecting a subscription or Free Trial option on our Website and following the check-out procedure will allow you to purchase (or obtain as a free trial) our Premium Subscription, giving you all of the features and benefits tied to that subscription for a specific time period (the “Pre-Paid Period”), as defined on the last check-out step of our Website or on the the Subscriptions subsection of our Website.

We reserve the right to accept or refuse your Premium Subscription order, to the extent permitted by applicable law.

If you have validly signed-up for your Premium Subscription and have been billed by us and you had not notified us before your Pre-Paid Period expired that you want to end your Premium Subscription at this date or cancel your Premium Subscription for the next month, we will automatically charge the then-applicable periodic Premium Subscription fee using your preferred payment method.

If your preferred payment method becomes invalid during your Premium Subscription period, or if the charge is refused for any other reason outside our control, you authorize us to use any other payment method we have on file in connection with your past purchase or user account. If all your payment methods on file are declined, you must provide us a new eligible payment method, by contacting our support team. We reserve the right to terminate your Premium Subscription until we receive valid payment.

Cancellation by you and refunds

If you sign up for your Premium Subscription directly through us, you may cancel it any time by visiting your account and adjusting your Premium Subscription settings. You may also contact our customer service.

All payable subscriptions are non refundable except where expressly provided as such in this document, your national legislation or on the Subscriptions subsection of our Website at the time of purchase.

If you have signed up and paid for a payable subscription accidentaly and the Pre-Paid Period or the Free Trial period has not yet expired, we may decide to refund you in full or partially, as the case may be for any remaining days in relation to your Pre-Paid Period and at our own discretion. Your account and billing information must be up to date in order for us to refund you.

Premium Subscriptions redeemed through a promotional or gift code are not refundable.

Instructions and information on the withdrawal for EEA-based consumers

If you’re an EEA-based consumer, EEA consumer law gives you the right to withdraw from the contract that you enter into with us when you commit to a purchase in connection with these General Terms, as described in the EU’s Model Instructions on Withdrawal, provided below.

Right of withdrawal

As a EEA-based consumer you generally have a right to withdraw from a contract within 14 days without giving any reason.

If you purchase our Premium Subscription directly through us as a standalone product (i.e on our Website or through our Mobile Application), you expressly request that we start providing you the Premium Subscription within your 14-day cancellation period, thereby effectively waiving your 14-day cancellation right that might belong to you, if you are EEA-based consumer.

Please note that we may still offer you a right of withdrawal regardless of whether or not you are a EEA-based consumer and regardless of the above-stated exclusion, if such right of withdrawal had been explicitly stated at the last check-out step where you had placed your order for one of our paid subscriptions or if this is explicitly stated on the Subscriptions subsection of our Website.

If you paid for your Premium Subscription fee as soon as you bought your Bird Buddy Smart Bird feeder you may withdraw within 14 days if you are an EEA-based consumer, if neither you nor anyone authorized by you to use your account has taken advantage of any Premium Subscription benefits in the current Pre-Paid Period, whereby we will refund the Premium Subscription fee in full.

To withdraw within the 14-day period (or shorter period, as the case may be) as an EEA-based consumer, you can adjust your Premium Subscription settings in your Account, or otherwise inform us by an unequivocal statement (e.g. a letter sent to the address below or by or by e-mail to support@mybirdbuddy.com).

You can also choose (whereby this is not required) to use the following withdrawal form:

(complete and return this form only if you wish to withdraw from the contract)

— To Bird Buddy d.o.o., 16 Miklošičeva cesta, 1000 Ljubljana, Slovenia or via email to support@mybirdbuddy.com.

— I hereby give notice that I withdraw from my contract of sale for the provision of the following service: Bird Buddy Premium Subscription

— Ordered on, _____________

— Name of consumer, _____________

— Address of consumer, _____________

— Signature of consumer (only if this form is notified on paper), _____________

— Date _____________

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

If you use any of the above-mentioned options, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

No transfer or assignment of Free Trial or other subscription or benefits

You may not transfer or assign your Free Trial, Premium Subscription or any other subscription benefits we might offer including promotion codes, discounts or other benefits, except as expressly allowed in these General Terms.

No resale, rental or shipping to customers

Premium Subscription users are not permitted to purchase the subscription and use its features for resale, rental, or other commercial purposes which includes sharing any benefits or capabilities with third parties.

Age requirement

The Premium Subscription Service is only available to end consumers aged 18 years or older.

Termination

We may terminate any Free Trial or paid subscription with 14 days’ notice for convenience and will issue a prorated refund of your paid Premium Subscription fee based on the Pre-Paid period time remaining in connection with your current Premium Subscription.

We may terminate your Premium Subscription immediately by notice if we consider that (a) your use of the Premium Subscription service materially breaches these General Terms or any applicable law or (b) you fraudulently use or misuse the Premium Subscription service. In this case we will not give any refund. We will inform you of the termination of your Premium Subscription and your right to appeal.

You may terminate your Premium Subscription at any time in accordance with the “Cancellation by you and refunds” section of these General Terms.

Our Liability

We are liable for any damage you suffer as a result of gross negligence or willful misconduct by us, including by our directors and legal representatives.

In addition, we are liable for breach of our obligations under these General Terms which are essential for the provision of Premium Subscription and which you rely on when signing-up for such subscription. In this case, we are only liable for losses and damage that were foreseeable to both you and us when you joined Premium Subscription.

Nothing in this paragraph affects your statutory rights as a consumer or limits our liability for damages from injury to life, body or health, for a breach of a guarantee or for fraudulently

We have no liability to you, nor any obligation to provide a refund to you, in connection with internet or other service outages or failures that are caused by the actions of government authorities, other third parties or events beyond our control.

Our subscription services may be integrated with, or may otherwise interact with, third-party applications, websites, and services, whereby your use of such third-party assets may be subject to additional terms, conditions and policies provided to you by such applicable third parties. We do not guarantee that third-party assets will be compatible with our subscription services unless clearly stated at the time of sign-up on the Subscriptions subsection of our Website.

We will not be held responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which is non foreseeable and beyond our reasonable control.

Legal guarantee

If you’re an EEA-based consumer and you’ve agreed to our General Terms, then EEA consumer laws provide you with a legal guarantee covering the digital content, services, or goods that we provide you. Under this guarantee, we’re liable for any lack of conformity that you discover:

• within two years of the delivery of goods (such as our Smart Bird Feeder) or the one-time supply of digital content or services.
• at any time during the “continuous” supply of digital content or services (such as our Premium Subscription)

Please note that your national laws may provide even longer guarantees. Your rights under these legal guarantees aren’t limited by any other commercial guarantees that we provide. If you want to make a guarantee claim, please contact us.