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Plain-English summary
This agreement contains several critical risks. Bird limits its own liability for damages to $100 but requires you to indemnify them for a wide range of claims, even in cases of their own negligence. You face significant penalties, up to $1,000 per scooter, if Bird Scooters are not returned on time. The agreement also mandates binding arbitration, waiving your right to class action lawsuits and jury trials. You are solely responsible for all taxes, expenses, tools, and insurance, and your personal insurance may not cover commercial activities. Bird can also unilaterally change the agreement terms at any time, and your continued use implies acceptance of those changes. Finally, Bird's system data on scooter location and release times is considered conclusive evidence.
93% confidence
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Risk Flags
Critical issues that may lead to significant financial, legal, or privacy risks.
high95% confidence
Liability for all damages and injuries caused by you or others you engage.
You agree to be solely responsible for the consequences of any damage to Bird scooters, any damage or injury to yourself or third parties, and for anyone who may use, charge, or take possession of a Bird Scooter while under your control.
Why it matters: You are solely responsible for damage to scooters, damage or injury to yourself or others, and for actions of anyone you engage to assist with Bird Services.
* although you may hire contractors or employees to assist you, you are responsible for anyone who may use, charge, or take possession of the Bird Scooter while under your control while providing any Bird Services;
**Payment for Your Services**, paragraph 4 · Citation strength: strong
high95% confidence
Mandatory arbitration and class action waiver.
This agreement requires you to resolve all claims through binding arbitration and waive your right to participate in class action lawsuits. You understand that, absent this mandatory provision, you would have the right to sue in court and have a jury trial, and that the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
Why it matters: You lose your right to sue in court, have a jury trial, and participate in class action lawsuits. Arbitration costs may exceed litigation, and discovery rights are limited.
. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
Significant financial penalties for unreturned Bird Scooters.
If you do not timely release or return Bird Scooters in your possession, Bird reserves the right to impose contractual penalties, charge you for the replacement cost of the Bird Scooters plus an administrative fee (up to $1,000.00 each), or pursue other civil or criminal remedies.
Why it matters: You could be charged up to $1,000 per Bird Scooter that isn't timely returned or released, along with other potential legal consequences.
If you do not timely release Bird Scooters into designated Nests or other authorized locations, or otherwise fail to timely return/release Bird Scooters in your possession, Bird reserves the right to pursue any and all remedies available to it for the recovery of such Birds, including imposing contractual penalties, charging you for the replacement cost of the Bird Scooters plus an administrative fee (i.e., up to $1,000.00 each), or pursuing other civil or criminal remedies that may involve local law enforcement.
**Payment for Your Services**, paragraph 9 · Citation strength: strong
high95% confidence
`Bird`'s liability for damages is limited to $100.
Bird's maximum liability arising out of or in any way connected to this Agreement shall not exceed $100.
Why it matters: Bird's maximum financial responsibility to you for any issue covered by the agreement is limited to $100, even if your actual losses are much higher.
The maximum liability of Bird arising out of or in any way connected to this Agreement shall not exceed $100.
You agree to indemnify Bird for a wide range of claims, even if Bird is negligent.
You will defend, indemnify, and hold Bird harmless from any claims, actions, suits, losses, costs, liabilities and expenses relating to or arising out of this Agreement and your performance of Bird Services, applicable without regard to the negligence of any party, including any indemnified person.
Why it matters: You must cover Bird's legal costs and liabilities for issues arising from the agreement or your work, even if Bird itself was negligent.
This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
How the company collects, uses, shares, and protects your data.
medium90% confidence
Bird's system data is considered conclusive evidence.
You agree that the data generated by Bird’s systems is conclusive evidence of the location of a Bird Scooter and/or the time of a Bird Scooter’s release for both general and Charger Services.
Why it matters: Bird's recorded data on scooter location and release times is considered final, potentially limiting your ability to dispute claims related to these events.
You agree that the data generated by Bird’s systems is conclusive evidence of the location of a Bird Scooter and/or the time of a Bird Scooter’s release.
**Payment for Your Services**, paragraph 10 · Citation strength: strong
Cancellation and Renewal
Terms about contract termination, account cancellation, and subscription renewals.
medium90% confidence
Bird can terminate the agreement without cause with 7 days' notice, or immediately without notice for material breach, or for safety reasons.
This Agreement may be terminated by either party without cause upon seven (7) days’ prior written notice, or by either party immediately, without notice, upon a material breach. Bird may also terminate immediately if it believes it's necessary to protect the safety of Bird, the Bird community, or third parties, or to promote operations.
Why it matters: Bird can end your agreement with 7 days' notice for any reason, or immediately without notice if they believe you materially breached the agreement or if they deem it necessary for safety or business operations.
This Agreement may be terminated: a) by either party, without cause, upon seven (7) days’ prior written notice to the other party; or b) by either party immediately, without notice, upon the other party’s material breach of this Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to Bird’s satisfaction, Bird may choose not to permanently terminate this Agreement.
**Term and Termination**, paragraph 1 · Citation strength: strong
Gotchas
Potentially overlooked clauses that could be unfavorable or unexpected.
medium95% confidence
You are responsible for all taxes and Bird will not withhold payments for social security, unemployment, disability, or workers’ compensation.
You will pay all applicable federal, state, and local taxes, and Bird will not withhold or make payments for social security, unemployment insurance, disability insurance contributions, or obtain workers’ compensation insurance on your behalf. You agree to indemnify Bird from any liability related to such taxes.
Why it matters: You are responsible for all your taxes, and Bird will not cover or administer benefits typically associated with employment, such as social security or workers' compensation.
You will pay all applicable federal, state and local taxes based on your provision of Bird Services and any payments received by you. You understand Bird will not withhold or make payments for social security, unemployment insurance or disability insurance contributions, or obtain workers’ compensation insurance on your behalf. You agree to indemnify, defend and hold Bird harmless from any liability for any breach of this Agreement by you, or any liability for or assessment of, any claims or penalties or interest with respect to such taxes.
**Payment for Your Services**, paragraph 1 · Citation strength: strong
medium95% confidence
You are solely responsible for expenses, tools, equipment, and insurance, and your personal insurance may not cover commercial activity.
You are solely responsible for all your own tools, equipment, insurance, and any expenses incurred. Your private insurance policies might not cover losses incurred during commercial activity, and you are responsible for maintaining adequate insurance coverage.
Why it matters: You bear all costs for your work-related expenses, tools, and insurance. Your existing personal insurance policies may not cover commercial activities, requiring you to secure additional coverage.
You are solely responsible for all of your own tools, equipment, insurance and any expenses that you incur in connection with the Bird Services. * While you are providing any Bird Services, including locating and returning Bird Scooters, providing transport, battery charge, or repair services, you may be engaged in commercial activity. Your private passenger automobile, homeowners, condominium, or renters insurance policies might not provide coverage for you, depending on the terms of your policy. You are responsible for maintaining adequate insurance coverage to cover losses incurred during your commercial activity.
**Payment for Your Services**, paragraph 7 · Citation strength: strong
medium90% confidence
Bird can modify the agreement at any time, with continued use constituting acceptance.
The Agreement is subject to change by Bird in its sole discretion at any time. Any modifications shall be binding upon your acceptance of the modified Agreement, and continued use of the App to provide services to Bird shall constitute your acceptance to such modifications.
Why it matters: Bird can unilaterally change the terms of the agreement at any time, and by continuing to use the service, you automatically agree to these changes.
Please note that the Agreement is subject to change by Bird in its sole discretion at any time. When material changes are made, Bird will make a new copy of the Agreement available within the Bird App. Bird will also update the date at the top of this Agreement. Any modifications to the Agreement shall be binding on you upon your acceptance of the modified Agreement. Continued use of the App to provide services to Bird shall constitute your acceptance to such modifications.