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Birdchain Terms and Conditions



I - General conditions:

1 - No person can accept these Terms and Conditions (the “Terms”), register or use the Birdchain App and related services thereof (also referred as the “App”), if:

- A person is below legal age in order to enter into binding agreement (including cases when consent of parents or custodians is needed) or in any other way legally unable to form a binding agreement as indicated herein;

- If a person is prohibited from using or receiving the App or similar type of products under applicable laws, including laws of the jurisdiction of such person’s residency or citizenship;

By clicking ‘Agree’ below, you agree to these Terms. These Terms are entered into by and between You (the user) and Birdchain OÜ (registry code 14362929, located at Narva mnt 5, Tallinn 10117, Harjumaa) ( “Birdchain”).

These Terms govern use of the App, your relationship with Birdchain and other matters described herein.

By accepting the Terms, you confirm that you have carefully read and understand these Terms and you agree to be bound by these Terms and any terms of the documents referenced herein. When accepted by you, the Terms form a legally binding agreement between you and Birdchain. If you disagree with any part of the Terms, then you shall not proceed further and shall not access the App.

2 - The App provides users with the possibility to perform tasks, engage content and/or enable available features in exchange of in-App rewards for the users’ personal benefit.

- Any of these tasks, content and features require to be actively accepted by the user before they can be performed and/or enabled.

- It's the responsibility of the user to know the specific regulations of it's own jurisdiction before he performs any tasks, engages with any content or enables any features offered in-App, and to be aware of any tasks, content or features that may be not legal in his jurisdiction and the user shall comply with such regulations. If user acts against applicable regulations, such user shall not register and refrain from using the App.

- The user cannot accept any task, engagement or feature that is not legal, or triggers a violation of regulations or any other legal document, in his jurisdiction, even if he is not aware of such illegality.

- In the case that the user performs any task, engages with any content or enables any feature that violates any regulation, or triggers a situation where a regulation is infringed, in his jurisdiction, Birdchain has no responsibility and shall not be liable for any penalties, damages and compensations.


II - Concerning Birdchain's reward system

1 - In-App rewards are only provided when the specific conditions stated and requested by that task, engagement or feature are met, as indicated in the App.

2 - All in-App rewards are given in Birdchain own cryptocurrency utility token - BIRD. User shall be responsible for payment of all applicable taxes and fees to the user and such taxes and fees are not included in the reward (allocated BIRDs) nor Birdchain will compensate for such taxes and fees.

3 - The in-App displayed BIRD balance is purely informative, it is the sum of all the BIRD earned by the user in the Birdchain platform (App). Previously withdrew BIRD tokens, or subtracted by any verifiable correction, will not be shown in the balance.

- The user does not own any of the BIRD token displayed in-App in his balance until he actively requests the withdrawal of those BIRD tokens, and the BIRD tokens are credited to the user’s wallet.

4 - Withdrawal of in-App rewards - BIRD tokens - can be requested any time, provided that the conditions for withdrawal are met. The conditions for withdrawal are always stated in-App, under the user's displayed BIRD Balance.

5 - Birdchain has the right to refuse or correct any amount of BIRD tokens requested to be withdrew in any of the following circumstances:

a) The amount of BIRD does not correspond to the real amount of BIRD earned by the user. This may be due to:

- any user actions to infringe or manipulate the rules and/or conditions stated in the App;

- any malicious activity by the user to artificially increase the BIRD balance;

- any software error that may result in an increase of BIRD balance;

- any other reason, which causes incorrect BIRD balance indicated in the user’s account.

b) Any wrong or not truthful information provided by the user at any moment.

6 - Once the BIRD tokens withdrawal request is approved, that amount of tokens will be transferred to the user's provided ERC20 compatible wallet address.

- Birdchain is not responsible for BIRD tokens lost due to wrong wallet address provided by the user.

- Birdchain is not responsible for BIRD tokens lost due to the wallet address belongs to a wallet software or platform that does not support BIRD tokens.

- Birdchain is not responsible, if the user cannot access the wallet indicated by the user, where the BIRD tokens where transferred.

- Once Birdchain proceeds the transfer of the BIRD tokens, that amount of tokens is subtracted from the in-App BIRD balance of the user. Birdchain obligation to transfer the tokens shall be considered as duly executed, when Birdchain makes the transfer to the wallet indicated by the user. If the tokens are not transferred to the indicated wallet for any reason for which Birdchain is not responsible, including, but not limiting to technical malfunctions of the wallet or its interface provider, Birdchain shall be considered as duly executed its obligation to transfer the tokens and Birchain will not reimburse any losses of the user.

7 - Birdchain may occasionally and for periods of time provide the user the possibility of additional different methods of withdrawal of the rewards, however the same rules and principles for such withdrawals will apply as stipulated in these Terms, unless otherwise indicated by Birdchain.

- Birdchain reserves the right of implementing and terminating these methods at any time without any obligation of keeping and maintaining any of these methods, except for the withdrawal via transfer of BIRD tokens.

8 - The user in-App BIRD balance will be set to "0" (zero) under the following circumstances:

- The user deletes it's Birdchain account.

- The user is inactive for a period superior to 6 months (by inactive is understood not performing any in-App actions).

9 - The user account will be deleted and his in-App BIRD balance will be set to "0" (zero) under the following circumstances:

- The user attempted to or achieved to deceive Birdchain in increasing his BIRD balance, by using methods that exploit unexpected voids or non-existing circumstances for reception of the BIRD tokens.

- The user directly or indirectly infringed the Birdchain's Terms necessarily accepted when the creation of his account.

Birdchain shall not be responsible and will not cover any losses of the user in case the user account is deleted or balance is set to “0” as indicated above and the user shall bear all such losses.


III - Concerning Birdchain's SMS feature

1 - While Birdchain's SMS feature is in use, the App will be the default SMS App of the phone, with permissions to:

WRITE_SMS

SEND_SMS, READ_SMS

DELETE_SMS

- The user is aware and with full knowledge of the implications and it's his choice to use the Birdchain App.

2 - Their phone number will be shown to a 3rd party (the SMS receiver) as SENDER ID.

This is a sensitive field, and we need to make sure that the user has a complete knowledge of this and possible implications:

- A 3rd party (specifically an SMS receiver) will see their phone number on the received SMS.

- A 3rd party (specifically an SMS receiver) may contact or try to contact the user's phone number.

- The user is aware and with full knowledge of this possibility and it's his choice to use the Birdchain App and agree to such conditions.

- Birdchain has no responsibility if the user is contacted by any 3rd party SMS receiver.

3 - Received SMS will be lost while Birdchain's SMS feature is enabled.

- While Birdchain's App is in full control of the phone's SMS functionality, received SMS on the user's phone will not reach the user and will be irreversibly lost.

- The user is aware and with full knowledge of the implications and it's his choice to use the Birdchain App.

- Birdchain has no responsibility if such situation happens.

4 – It is the user’s responsibility to know the terms and conditions of the services contracted with his/her cellular, mobile and/or telecommunications network provider(-s) and/or operator(-s) (the Network Provider(-s)) and to comply with such terms and conditions.

a)

- The usage of Birdchain's SMS feature may not be fully compatible with the terms and conditions of the services contracted between the user and his/her Network Providers.

- It is the user’s responsibility to know whether or not Birdchain's SMS feature is compliant with the terms and conditions of the services contracted with his/her Network Providers.

- Birdchain has no responsibility if the user incurs in any kind of penalties that result of the violation of any point of his/her contract or undertaking with the Network Provider(s).

b)

- It is the full responsibility of the user to know the conditions of the contract he signed with his/her Network Provider(s), what is or not included in such phone plan, and then decide whether or not enable Birdchain's SMS feature.

- If the user enables Birdchain's SMS feature, this App may send SMS via the user's phone. The SMS sending will happen automatically after the user enabled it.

- In the case that the user does not have a phone plan contracted with his/her Network Provider that includes free or unpaid SMS, there is the possibility that he will be charged for the SMS send through his phone via Birdchain App.

- The user is aware and with full knowledge of the implications and it's his choice to use the Birdchain App.

- Birdchain has no responsibility if the user incurs in any costs that were caused by SMS sent through his phone via Birdchain App.

c)

- It's the full responsibility of the user to know the fair usage policies and SMS sending limits stipulated on the terms and conditions of the contract he signed with his/her Network Providers.

- Birdchain's SMS feature includes a field where the user can set a daily limit to the number of SMS sent by the App.

- The user is aware and with full knowledge of the implications of it's his choice when setting the daily SMS limit while using the Birdchain App.

- Birdchain has no responsibility if the user incurs in any costs or penalties that were caused by: excess of SMS sent through the user's phone, if the daily amount of SMS sent via Birdchain App is within the daily SMS limit set by the user.

d)

Birdchain is only the operator of the App, therefore it is responsibility of the user to assess, whether to proceed the usage of the App and whether it does not contradict to the undertakings taken by the user in respect of his/her Network Providers. Birdchain shall not be responsible for any violations of the undertakings between the user and his/her Network Providers /carrier and the user shall be responsible and bear all costs, fees and damages in respect of the breach of his/her undertakings in respect of the Network Providers.


IV - Concerning Birdchain's Polls and Surveys feature

1 - Birdchain may provide the user the opportunity to answer and/or fill polls and surveys in exchange of BIRD token rewards.

2 - The user has to actively take action to answer and/or fill any polls and surveys provided in-App by Birdchain. That action is the simple initiation of that survey or poll.

- By doing so, the user acknowledges and accepts that any information provided in that survey or poll, by the user, is provided voluntarily.

- The user also acknowledges and accepts that any information provided in that survey or poll can be used by the poll or survey issuer entity, as they intended.

3 - Birdchain has no responsibility about the usage of any information provided by the user to the poll or survey issuer entity.


V - Acceptable Use of the App

We kindly ask you to use the App respectfully and in good faith. We reserve the right to (either temporarily or permanently) suspend any accounts or users, who, in our judgement, engage in any of the following activities:

- Threatening, bullying, spamming or abusing other App or community users or members;

- Distributing viruses and other harmful technologies in the App;

- Defrauding (or attempting to defraud) us, the App or its users;

- Engaging in or promoting illegal activities, including but not limited to hacking or trying to hack into any of our systems;

- Any other harmful or impolite activities.


VI - Privacy

As we value your privacy and transparency in conducting our business, we have compiled our privacy policy which explains how we collect, use and disclose information about the users.


VII - Indemnification

You agree to hold Birdchain harmless against all damages, losses and expenses of any kind (including reasonable legal fees) which Birdchain may incur in connection with your use or inability to use the App and related services, including, but not limiting to the use against the laws of your country of residency or citizenship, or undertakings, contracts and agreements between you and your Network Providers. You also agree to indemnify all damages, that may occur to Birdchain as a result of any content you provide or your violation of These terms.


VIII - Limitation of Liability

In no event shall Birdchain, nor its shareholders, directors, employees, partners, agents, suppliers, contractors or affiliates, be liable against you or any other person for any direct, indirect, incidental, special, consequential or punitive damages, losses, costs and fees, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, including but not limiting to (i) use or inability to use the App or services related thereof, including cases of breach of your contract and undertakings between you and your Network Providers; (ii) any conduct or content of any third party in relation to the App or the services; (iii) any content obtained from the App; (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.

In addition, we are not responsible for any loss of your BIRD tokens or other digital currency due to mishandling, theft or any other factor outside our direct control or in cases indicated in these Terms.


IX - Disclaimers and warranties

Your use of the App and services is at your sole risk. The App and the services are provided on an "AS IS" and "AS AVAILABLE" basis. The App and the services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Birdchain do not warrant that a) the App or services will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the App or services are free of viruses or other harmful components; or d) the results of using the App or services will meet your requirements.

Birdchain does not warrant that the App and services has any functionalities, features or content outlined, described in or referred to in any document other than these Terms.


X - Termination of your relationship with us

Should you wish, you can stop using the App at any time, by deleting the App. In such an event, all data that can be used to identify you may be deleted, however, in an anonymous form we will keep your data indefinitely for statistical purposes or any other legal grounds. By accepting these Terms, you give us your express consent for keeping your email address or telephone number for the purpose of contacting you in the future in relation to the developments of the App. you may withdraw your consent at any time by contacting us at support@birdchain.io. More details regarding the processing of your data can be found in our Privacy Policy. The App, its content and our services are regularly updated, which is why we advise you to keep an eye on these Terms.

We reserve the right to ordinarily cancel these Terms and terminate your access to the App and our services without stating any grounds by serving you at least 7 days prior notice. We have the right to cancel such Terms and terminate your access to the App and without prior notice, should you violate these Terms, or if you use the App in a way that we reasonably believe it creates or may create legal liability for us or infringe rights and interests of other persons. We reserve the right to suspend your access to the App if it is necessary to prevent damages to you or other users of the App and/or to ensure the proper functioning of the App or for other similar reasons.


XI - Dispute Resolution and Applicable Law

Any disputes arising out of or in connection to these Terms will be settled first and foremost by means of good faith negotiations. If no amicable solution can be reached within 14 days from the rise of the dispute, the said dispute will be submitted to the courts of the Republic of Lithuania in Vilnius.

These Terms are governed by Lithuanian law, excluding the rules on conflict of laws.


XII – Miscellaneous

We reserve the right to modify these Terms from time to time. Should that be the case, we will let you know of the updated terms. We will consider your continued use of App as an acceptance of the revised terms. If you do not agree to the revised terms, please stop using the App.

If any part of these terms are unenforceable or void, it does not affect the validity of the remainder of these Terms. All our rights under these Terms are freely assignable by us to anyone.

These Terms constitute the entire agreement between you and Birdchain and supersede and replace any prior agreement.

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