These Terms of Service govern your access to and use of the Birdnee website, Birdnee App, smart devices, software, firmware, cloud services, content, and related products and services.
This website is operated by Birdnee. Throughout the site and these Terms, the terms “we”, “us” and “our” refer to Birdnee. These Terms are entered into between you and Birdnee. Birdnee offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By accessing our website, creating an account, purchasing a product, connecting a Birdnee device, or using our services, you agree to these Terms. If you do not agree, please do not access or use our services.
1. The Birdnee Services
Birdnee provides smart bird feeders, smart bird baths, cameras, mobile applications, firmware, cloud storage, artificial intelligence features, notifications, educational content, and related services.
Product features vary by model and may depend on:
- Device model
- App version
- Firmware version
- Wi-Fi connection
- Internet availability
- Cloud storage plan
- Subscription status
- Memory card usage
- Regional availability
- Third-party services
Certain Birdnee products may support features such as 2K video, wide-angle viewing, zoom, solar power, bird arrival notifications, AI bird species identification, cloud storage, memory card storage, family sharing, hummingbird accessories, or solar water circulation. Not every feature is available on every product.
2. Eligibility and Accounts
You must be legally permitted to use our services in your location.
If you create an account, you agree to provide accurate and current information and to keep your login credentials secure.
You are responsible for activity conducted through your account. Notify Birdnee promptly if you believe your account or device has been accessed without authorization.
3. Product Information and AI Features
We try to keep product descriptions, images, specifications, prices, and availability accurate. However, information may change and minor differences may occur between product images and the actual product.
Bird species identification and related AI-generated information are provided for educational and informational purposes. AI identification may not always be accurate, especially when images are unclear, lighting is poor, birds are partially hidden, or multiple animals appear in the detection area.
Birdnee does not guarantee that every bird will be detected, recorded, identified, or notified.
Birdnee App notifications may be delayed or unavailable because of network conditions, device settings, battery levels, weather, cloud service interruptions, or other factors outside our control.
4. Orders and Payments
Prices, product availability, promotions, and shipping charges may change at any time.
Birdnee may limit quantities, refuse an order, or cancel an order when necessary, including when we believe an order is fraudulent, incorrectly priced, intended for unauthorized resale, or placed in violation of these Terms.
If we cancel an order after payment has been collected, we will process an applicable refund according to our Refund Policy.
You agree to provide accurate billing, shipping, payment, and contact information.
5. Subscriptions and Cloud Services
Certain Birdnee App, AI recognition, cloud storage, or other features may require a paid subscription.
Subscription terms, prices, trial periods, renewal dates, and included features will be shown at the time of purchase or in the Birdnee App.
If a subscription automatically renews, you may cancel it according to the instructions provided by Birdnee or the relevant app store or payment provider.
A subscription cancellation generally prevents future charges but does not necessarily create a refund for amounts already paid, unless required by law or otherwise stated in the applicable offer.
Cloud storage periods and retention limits may vary by product, plan, and service. Birdnee does not guarantee that cloud-stored content will be retained indefinitely.
6. Device Use and Safety
You agree to install, operate, and maintain Birdnee products according to the applicable product instructions.
You must not:
- Use a product for an unlawful purpose
- Install or operate a device in a dangerous manner
- Modify, disassemble, or reverse engineer a product
- Use incompatible accessories or power sources
- Expose a product beyond its published environmental or waterproof rating
- Use a product in a way that creates a safety risk
- Interfere with another person’s privacy
- Place a camera where recording would violate applicable law
Birdnee products are intended for normal residential and consumer use unless otherwise stated.
7. User Content
You may create or upload photos, videos, comments, reviews, and other content through our services.
You retain ownership of content you submit. You grant Birdnee a limited, worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, display, and transmit that content only as reasonably necessary to provide, maintain, secure, and improve the services.
You represent that you have the rights and permissions necessary to submit the content and that your content does not violate applicable law or another person’s rights.
You must not upload content that:
- Infringes intellectual property rights
- Violates privacy or publicity rights
- Is unlawful, threatening, abusive, hateful, or defamatory
- Contains malware or harmful code
- Misleads or impersonates another person
- Exposes another person’s private information without permission
Birdnee may remove content that violates these Terms or creates legal, safety, or security concerns.
8. Intellectual Property
The Birdnee name, logo, product names, designs, software, firmware, website, app, graphics, text, images, videos, trademarks, and other materials are owned by Birdnee or its licensors.
Except as expressly permitted, you may not copy, reproduce, modify, distribute, sell, publish, reverse engineer, or create derivative works from Birdnee materials.
You may use the services only for personal, lawful, and non-commercial purposes unless Birdnee provides written permission.
9. Third-Party Services
Our services may rely on or link to third-party services, including payment providers, shipping carriers, app stores, cloud platforms, analytics providers, social media platforms, and internet service providers.
Birdnee does not control third-party services and is not responsible for their availability, security, content, policies, or performance.
Your use of third-party services may be subject to additional terms and privacy policies.
10. Availability and Service Changes
We may update, suspend, modify, or discontinue any part of our website, app, cloud service, firmware, or other service at any time.
We do not guarantee that the services will always be uninterrupted, secure, timely, or error-free.
Birdnee may release software or firmware updates. Some updates may be necessary to maintain security, compatibility, or core functionality.
11. Warranty and Disclaimers
Birdnee products are covered by the applicable Birdnee Warranty Policy.
Except as expressly stated in the applicable warranty policy and to the maximum extent permitted by law, the website, app, devices, software, firmware, cloud services, and content are provided on an “as is” and “as available” basis.
Birdnee does not guarantee that:
- The services will meet every user’s expectations
- The services will be continuously available
- Bird identification will always be accurate
- Every bird visit will be recorded or detected
- Cloud content will be retained indefinitely
- The services will be free from errors or interruptions
- The services will work with every network, device, operating system, or accessory
Nothing in these Terms excludes rights or remedies that cannot be excluded under applicable law.
12. Limitation of Liability
To the maximum extent permitted by law, Birdnee and its officers, directors, employees, affiliates, agents, suppliers, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, data, goodwill, or business opportunities, arising from or related to your use of the services or products.
To the maximum extent permitted by law, Birdnee’s total liability for claims relating to a product or service will not exceed the amount you paid for the specific product or service giving rise to the claim.
Some jurisdictions do not allow certain limitations of liability. In those jurisdictions, the limitations will apply only to the extent permitted by law.
13. Indemnification
You agree to defend, indemnify, and hold harmless Birdnee and its officers, directors, employees, affiliates, agents, suppliers, and service providers from claims, liabilities, damages, losses, and expenses arising from:
- Your violation of these Terms
- Your unlawful use of the services
- Your user content
- Your violation of another person’s rights
- Your violation of applicable law
14. Termination
You may stop using the services at any time.
Birdnee may suspend or terminate access to the services if we reasonably believe you have violated these Terms, created a security or legal risk, engaged in fraud or abuse, or used the services unlawfully.
Provisions that by their nature should continue after termination will survive, including provisions relating to intellectual property, user content, disclaimers, limitation of liability, indemnification, and governing law.
15. Applicable Law
These terms are subject to applicable local laws and regulations. Nothing in these Terms is intended to limit or exclude any rights you may have under the mandatory consumer protection laws of your country or region of residence.
16. Changes to These Terms
Birdnee may update these Terms from time to time.
The updated version will be posted on this page with a revised “Last Updated” date. Your continued use of the services after the updated Terms are posted means that you accept the changes, to the extent permitted by law.
17. Entire Agreement and Severability
These Terms, together with the applicable Privacy Policy, Refund Policy, Shipping Policy, Warranty Policy, and any additional terms presented for a specific product or service, constitute the entire agreement between you and Birdnee regarding the services.
If any provision is found to be invalid or unenforceable, the remaining provisions will remain in effect.
Birdnee’s failure to enforce a provision does not waive our right to enforce it later.
18. Contact Us
If you have questions about these Terms, please contact: