BirdsEye terms of service

The agreement

These terms are an agreement between BoomersHub LLC, Morrisville, North Carolina 27560, United States ("BoomersHub", "we", "us"), the company that provides BirdsEye, and the organization that opens an account ("you"). By creating an account or using BirdsEye, you accept these terms. If you accept them for an organization, you confirm that you have authority to do so.

Accounts

You are responsible for the people you invite, for keeping sign-in details secure, for the settings your administrators choose and for everything done under your account. Tell us promptly if you believe an account has been used without permission.

Plans, trials and billing

• Plans and prices are listed on the pricing page. You are billed per active user, monthly or annually, in US dollars.
• New accounts start with a 14-day free trial. No payment details are needed during the trial.
• Subscriptions renew automatically at the end of each billing period until cancelled. You can change plan or cancel at any time, and the change applies from the next billing period.
• Fees are non-refundable except where the law requires a refund or where these terms say otherwise.
• Prices do not include taxes. You are responsible for any sales, use or value added tax that applies.
• We may change prices. We will give at least 30 days' notice by email before a change applies to your subscription.
• If a payment fails, we may suspend the account after giving you notice and a reasonable time to fix it.

Lawful monitoring

You are responsible for using BirdsEye lawfully. That includes telling your people what is monitored, giving any written notice the law requires, obtaining any consent or consultation that applies where you operate, and configuring working hours, blur and capture settings to meet your obligations. BirdsEye gives you tools to monitor transparently. It does not give legal advice, and using it does not by itself make your monitoring lawful.

Acceptable use

You may not use BirdsEye to monitor anyone without a lawful basis, to monitor devices you do not own or control without the user's agreement, to break the law, to interfere with or probe the service, to resell the service without our written agreement, or to access another organization's data.

Your data

You own the data your organization puts into BirdsEye. You give us permission to host and process it only to provide and support the service, as described in the privacy policy. You control retention in your settings and can export time entries and reports as CSV. For 30 days after an account closes you can ask us for an export. After that we delete the data as described in the privacy policy.

Third-party services

If you connect Jira, your use of Jira is governed by your agreement with Atlassian. We are not responsible for third-party services.

Support and availability

We provide support by email at support@trybirdseye.com and aim to reply within one business day. We work to keep BirdsEye available at all times, but we do not promise uninterrupted service, and we may carry out maintenance that briefly affects availability. A service-level commitment applies only if we agree one with you in writing.

Intellectual property

BirdsEye, its software, its design and its documentation belong to BoomersHub. These terms give you a non-exclusive, non-transferable right to use the service while your subscription is active. If you send us feedback, we may use it without owing you anything.

Confidentiality

Each of us will protect the other's confidential information with reasonable care and use it only for the purposes of this agreement.

Warranties

We will provide the service with reasonable skill and care. Apart from that, the service is provided as is and as available, and to the extent the law allows we disclaim all other warranties, including implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Limitation of liability

To the extent the law allows, neither of us is liable to the other for indirect, incidental, special or consequential losses, or for lost profits, revenue or data. Our total liability under this agreement is limited to the fees you paid for BirdsEye in the 12 months before the event that gave rise to the claim. Nothing in these terms limits liability that cannot be limited by law.

Your responsibility for claims

You will defend and compensate BoomersHub for claims brought by your employees, contractors or regulators that arise from how you use BirdsEye to monitor people, including a failure to give notice or to obtain consent that the law requires.

Ending the agreement

You can stop using BirdsEye and close your account at any time. We may suspend or close an account that breaks these terms, after giving you notice and a chance to fix the problem where that is practical. We may also end the agreement for any reason with 30 days' notice, in which case we will refund any prepaid fees for the unused period.

Governing law

These terms are governed by the laws of the State of North Carolina, United States, without regard to its conflict of laws rules. The state and federal courts located in Wake County, North Carolina, have exclusive jurisdiction over any dispute, and each of us agrees to that venue.

General

These terms and the privacy policy are the whole agreement between us about BirdsEye. If part of these terms cannot be enforced, the rest still applies. Neither of us may transfer this agreement without the other's consent, except to a successor in a merger or sale of the business. Neither of us is responsible for delay caused by events outside our reasonable control.

Changes and contact

We may update these terms. We will post the new version on this page and, for significant changes, give account administrators at least 30 days' notice by email. Questions about these terms go to support@trybirdseye.com.