Terms of Use – Allbirde

By accessing, browsing, or using Allbirde’s website (the “Site”), you (“User”) acknowledge that you have read, understood, and agree to be bound by these Terms of Use (“Terms”). If you do not agree to these Terms, you must cease using the Site immediately.

1. Scope of Use

The Site is intended to provide information about Allbirde’s products (shoes, flats, clothing made with natural materials), facilitate purchases, and enable communication with our team. Your use of the Site is limited to these purposes and must comply with all applicable local, state, national, and international laws.

2. User Eligibility & Accounts

• Age Requirement: You must be at least 18 years old to create an account or make purchases on the Site. Users between 13 and 17 years of age may use the Site only with parental or guardian supervision, and such supervision shall be responsible for all activities under the minor’s account.
• Account Creation: To access certain features (e.g., order tracking, saved payment methods), you may create an account. You agree to provide accurate, current, and complete information during registration and to update such information promptly.
• Account Security: You are solely responsible for maintaining the confidentiality of your account credentials (username, password, security questions). You agree to notify Allbirde immediately at [email protected] of any unauthorized access to or use of your account. Allbirde shall not be liable for any loss or damage arising from your failure to protect your account.

3. Prohibited Conduct

In addition to the restrictions outlined in Section 2, you agree not to:

• Use the Site to transmit, upload, or post content that is unlawful, defamatory, obscene, harassing, discriminatory, or infringes on any third-party rights (including copyrights, trademarks, or privacy).
• Scrape, crawl, or harvest data from the Site (including product information, images, or user data) using automated tools, bots, or manual processes without prior written consent from Allbirde.
• Alter, disable, or interfere with the Site’s security features, including but not limited to firewalls, encryption, or access controls.
• Attempt to reverse-engineer, decompile, or modify any software, code, or algorithms used to operate the Site.
• Use the Site to distribute unsolicited commercial communications (spam) or phishing attempts.

4. Intellectual Property Rights

• Site Content: All content on the Site—including text, graphics, logos, images, videos, audio, software, and product designs—is owned by Allbirde or its licensors and is protected by copyright, trademark, and other intellectual property laws.
• Limited License: Allbirde grants you a non-exclusive, non-transferable license to access and use the Site for personal, non-commercial purposes only. This license does not include the right to reproduce, distribute, modify, or create derivative works of any Site content.
• Trademarks: “Allbirde” and all related logos, slogans, and product names (e.g., “Tree Runners,” “Merino Wool Collection”) are registered trademarks of Allbirde. You may not use these marks in any manner that is likely to cause confusion or imply sponsorship, endorsement, or affiliation with Allbirde.

5. Product Information & Orders

• Accuracy of Listings: While we endeavor to display product colors, sizes, materials, and descriptions accurately (including details about natural materials like merino wool and eucalyptus), variations may occur due to factors such as monitor settings or natural material inconsistencies. We reserve the right to correct errors in product information (including pricing) and to cancel orders affected by such errors.
• Order Process: Placing an order constitutes an offer to purchase. Allbirde reserves the right to accept or reject offers at its discretion, including if products are out of stock, payment is invalid, or we suspect fraudulent activity. An order is confirmed only when we send a written order confirmation email.
• Pricing & Payment: All prices are listed in USD and are subject to change without notice. Payment is due at the time of order placement, and we reserve the right to refuse any payment method. For details on shipping, returns, and refunds, refer to our Terms of Purchase.

6. Third-Party Services & Links

The Site may contain links to third-party websites, services, or applications (e.g., social media platforms, payment processors). These links are provided for convenience only, and Allbirde does not control or endorse third-party content. Your use of third-party services is governed by their respective terms and privacy policies, and Allbirde disclaims all liability for losses or damages arising from such use.

7. Disclaimer of Warranties

Allbirde strives to ensure the Site and its content are reliable and functional. However, the Site and its content are provided “as is” and “as available.” To the extent permitted by applicable law, Allbirde disclaims implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site will be uninterrupted or error-free, but we will make reasonable efforts to address technical issues promptly. Allbirde shall not be liable for damages resulting from viruses or other harmful components, provided we have taken standard security measures to prevent such issues.

8. Limitation of Liability

To the maximum extent permitted by applicable law, Allbirde’s liability for damages arising out of or in connection with your use of the Site or these Terms shall be limited as follows:

• Allbirde shall not be liable for indirect, incidental, special, consequential, or exemplary damages, including but not limited to loss of profits, data, or business opportunities, except in cases of gross negligence or intentional misconduct.
• In all other cases, Allbirde’s total liability shall not exceed the greater of $100 or the amount paid by you for the specific product(s) at issue in the claim.

9. Indemnification

You agree to indemnify, defend, and hold harmless Allbirde, its officers, directors, employees, and agents from and against any claims, demands, losses, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Site; (b) your violation of these Terms; (c) your infringement of any third-party rights; or (d) your negligence or misconduct.

10. Modifications to Terms

Allbirde reserves the right to revise these Terms at any time. Revised Terms will be posted on the Site with an updated “Last Modified” date, and your continued use of the Site after such posting constitutes acceptance of the revised Terms. We recommend reviewing these Terms periodically.

11. Governing Law & Dispute Resolution

These Terms shall be governed by the laws of the State of California, USA, excluding its conflict of law rules. Any dispute arising out of or relating to these Terms or the Site shall be resolved exclusively in the state or federal courts located in San Francisco County, California, and you consent to the personal jurisdiction of such courts.

12. Contact Information

For questions or concerns regarding these Terms, please contact us at [email protected].