The Byrd website www.byrd.run (“Website”), mobile applications (“Applications”), channels and services (collectively, the “Services”) are an online mechanism for tracking, managing and sharing members' run activities and analysing a member’s fitness state in order to produce bespoke running recommendation for each individual member.
If you access or use the Services on behalf of a company or other entity, you represent that you have authority to bind such entity and its affiliates to these Terms and that it is fully binding on them. In such a case, the term “you” will refer to such an entity and its affiliates. If you do not have authority, you may not access or use the Services. These Terms contain disclaimers of warranties and limitations on liability that may be applicable to you.
Use of the Website, Services and Software
The Services are for personal use only and may not be used in connection with any commercial endeavours except those that are specifically approved by us. The following activities are expressly prohibited:
- collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other communications;
- any use of the Services, which in our sole judgement, degrades the reliability, speed, or operation of the Services or any underlying hardware or Software thereof;
- use of web scraping, web harvesting, or web data extraction methods from Byrd even if the Byrd account owner gives permission; and
Registration and Accounts
You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password, your computer and mobile device while logged into the Services. You accept responsibility for all activities that occur under your account or from your computer and mobile devices. We endeavour to use reasonable security measures to protect against unauthorised access to your account. We cannot, however, guarantee absolute security of your account, your Content (as defined below) or the personal information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Services or its contents. You agree to immediately notify Byrd of any unauthorised use of your account or password, or any other breach of security, and confirm that you understand all risks of unauthorised access to Member Data and any other information or content you provide to Byrd.
You acknowledge and agree that the Services, any necessary software used in connection with the Services (if any), any aggregated data based on Content on the Services, and any Content available or made available on the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorised by Byrd or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, the software or Content available on the Services (other than Content that you may submit), in whole or in part.
Byrd grants you a personal, revocable, non-transferable, non-sublicensable and non-exclusive right and license to access and use the Services; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services, except where permitted by law. You agree not to access the Services by any means other than through the interfaces that are provided by Byrd.
The name Byrd, the Byrd logo and other Byrd logos and product and service names are the exclusive trademarks of, and are owned by Byrd Ltd. and you may not use or display such trademarks in any manner without Byrd’s prior written permission. Any third party trademarks or service marks displayed on the Services are the property of their respective owners.
Byrd reserves all rights not expressly granted hereunder.
Payments, fees and cancellations
To pay the subscription fee, you must designate and provide information about your preferred payment method, via either Apple App Store or Google Play. If you provide your payment information, you authorise us and the third party service providers, payment card networks and payment processors to receive, store and encrypt your payment information. You may change your Payment Method through the corresponding Google Play or Apple App store account. No refunds or credits will be provided by Byrd, other than as set forth in these Terms. If your payment provider determines that there are fraudulent charges on your account resulting from use of your Payment Method at the Services, please contact us immediately via [email@example.com](mailto: firstname.lastname@example.org).
In order to access the Services, you are required to pay subscription fees. Subscription fees, along with any required taxes are paid on a monthly basis. All subscription fees are payable in advance. Byrd reserves the right to increase subscription fees, any associated taxes, or to institute new fees at any time upon reasonable advance notice.
Subscription fees will be billed automatically at the start of the monthly period, as applicable. These fees will auto-renew until your subscription is terminated. Your subscription fee will be the same as your initial charges unless you are otherwise notified in advance. You may cancel your subscription at any time, as described below.
Cancellation of Subscription
If you signed up through the Google Play or Apple App store, you may cancel your subscription through the corresponding store. The cancellation of a subscription will go into effect at the end of your current billing cycle. When your subscription ends, your account will remain but you will be unable to access the Services. You can renew your subscription at any time without opening a new account, although the subscription fees may have increased. You can delete your account by contacting us at [email@example.com](mailto: firstname.lastname@example.org).
Your subscription may start with a free trial. The free trial period for any subscription will last for the period of time specified when you signed up. Free trials may not be combined with certain other offers, as specified. If you begin your subscription with a free trial, we will only begin billing your Payment Method for subscription fees at the end of the free trial period and when you provide your payment information. You may cancel your subscription at any time by going to your account settings.
Member Content and Conduct
You understand that you, and not Byrd, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services. Byrd does not proactively and routinely screen or monitor the Content posted to the Services by others and, as such, does not guarantee the accuracy, integrity or quality of such Content. Byrd may, in its sole discretion, screen, monitor, refuse or remove any Content, or remove any Content that violates the Terms or is otherwise objectionable. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Byrd be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available on the Services. You agree to bear all risks associated with the use of any Content available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such Content.
You agree not to use the Service to post or transmit any Content which is or may infringe Intellectual Property rights of others, which is harassing, threatening, false, misleading, inflammatory, defamatory, an invasion of private information, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any third party or in any way give rise to civil liability or non-compliance with any relevant laws of your local jurisdiction.
The Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Services, use of the Services or access to Content. You may not use the Services, or assist or encourage any other party, to engage in any of the following Prohibited Activities:
- Copying any part of the Services
- Framing or mirroring any part of the Services
- Permitting any third party to access the Services
- Using, copying, modifying, reverse engineering or otherwise attempting to extract the source code of the Services’s software or any part thereof, unless expressly permitted or required by law, and, without providing prior written notice to Byrd;
- Publishing, transmitting, distributing or storing content, material, information or data that:
- (1) is illegal, obscene, defamatory, threatening, harassing, abusive, or hateful or that advocates violence;
- (2) is harmful to or interferes with the Services or any third party’s networks, equipment, applications, services or websites (e.g., viruses, worms, Trojan horses, etc.);
- (3) infringes, dilutes, misappropriates or otherwise violates any privacy, intellectual property, publicity or other personal rights including, without limitation, copyrights, patents, trademarks, trade secrets or other proprietary information (including unauthorised use of domain names); or
- (4) is fraudulent or contains false, deceptive or misleading statements, claims or representations (such as “phishing”);
- Attempting to disrupt, degrade, impair or violate the integrity or security of the Services or the computers, services, Accounts or networks of any other party (including, without limitation, “hacking,” “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of Byrd internet protocol space;
- Avoiding payment of charges or fees payable by you with respect to the Services;
- Committing any act that may be harmful to minors;
- Distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”;
- Using any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to Byrd than a human can reasonably produce in the same period of time by using a conventional web browser;
- Taking any action that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- Collecting or harvesting any information relating to an identified or identifiable individual, including account names and information about users of the Services, from the Services;
- Using the Services for any inappropriate commercial solicitation purposes;
- Accessing any content on the Services through any technology or means other than those provided or authorised by the Services;
- Submitting to the Services or to Byrd any personally identifiable information, except as necessary for the establishment and operation of your account;
- Submitting to the Services or to Byrd any information that may be protected from disclosure by applicable law;
- Bypassing the measures we may use to prevent or restrict access to the Services, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein;
- Violating any applicable law, statute, ordinance or regulation, or encouraging any conduct that could constitute a criminal offense or give rise to civil liability;
- Removing any copyright, trademark or other proprietary rights notices contained in or on the Services; or
- Executing any form of network monitoring or running a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Service’s servers or any data not intended for you.
You are granted a limited, non-exclusive right to create a text hyperlink to the Services for non-commercial use only, provided such link does not portray Byrd or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any pornographic, illegal, offensive, harassing or otherwise objectionable material. You are further granted a right to implement any RSS feeds located on the Services for your personal, non-commercial use, solely as described on the Services. We reserve the right to revoke these licenses generally, or your right to use specific links or RSS feeds, at any time, with or without cause.
You understand that use of certain features of the Services may require you to purchase third party equipment or materials (e.g., GPS systems). While Byrd may recommend the equipment or materials of certain third party suppliers, Byrd shall have no responsibility for your acquisition or use of any third party equipment or materials and does not guarantee that third party equipment or materials will function with the Services or will be error-free.
You understand that you are responsible for any charges associated with sending communications via your device. You hereby acknowledge that you have the right to communicate with your contacts via the Services.
You represent and warrant that:
- (i) you are authorised to create your account, whether individually or on behalf of an organisation;
- (ii) you own the Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms;
- (iii) the posting and use of your Content on or through the Services does not and will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy and data protection rights, publicity rights, copyrights, trademark and/or other intellectual property rights; and
- (iv) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Services.
Interactions with Members
You are solely responsible for your interactions with other members of the Content and Services, whether online or in person, including but not limited to comments, challenges, routes, opinions, motivational feedback, etc. Byrd assumes no responsibility or liability for any loss or damage resulting from any interaction with other members of the Services, persons you meet through the Services, or persons who find you because of User Generated Content posted on, by or through the Services. You agree to take reasonable precautions in all interactions with other members of the Content and Services, and conduct any necessary investigation before meeting another person. Byrd is under no obligation to become involved in any disputes between members, but may do so at its own discretion. If Byrd chooses to monitor any User Generated Content, it assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content.
Third Party Services
Byrd or third parties may provide links to other internet sites or resources through the Services. Byrd does not endorse and is not responsible or liable for any content, information, advertising, products or other materials on or available from such sites or resources. You acknowledge and agree that Byrd is not responsible for the availability of such external sites or resources.
The Services may provide you with the ability to send or post messages to forums or chat rooms, speak via internet voice connections or send similar messages and communications to third party service providers, advertisers, your personal contacts, other members and/or Byrd. You agree to use communication methods available on the Services only to send communications and materials related to the subject matter for which Byrd provided the communication method, and you further agree that all such communications by you shall be deemed your Content and shall be subject to and governed by the Terms and applicable law (including laws regulating direct marketing communications with which you will need to comply with, as applicable). By using communications methods available on the Services, you agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers, advertisers or other third parties are not be endorsed, sponsored or approved by Byrd (unless expressly stated otherwise by Byrd) and (c) communications are not routinely pre-reviewed, post-reviewed, screened, archived or otherwise monitored by Byrd in any manner, though Byrd reserves the right to do so at any time at its sole discretion. You agree that all notices, disclosures and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing.
Personal Safety Notice
Byrd provides the Services for you to track, manage, and share your activities. You understand and agree that all your athletic and/or recreational activities using the Services may have inherent, implicit and/or expressed risks of bodily injury or death and/or property damage.
You understand and agree that you voluntarily and at your own free will assume all known and unknown risks associated with such athletic or recreational activities even if such risks may be claimed to be caused in whole or part by actions, inactions or negligence of Byrd, or our partners, sponsors, or affiliates.
You understand and agree that Byrd, will not carry out and is not responsible for any physical inspection, supervision, preparation, execution or conduct of any activities related to the Services, including but not limited to featured, official or user created challenges, routes, friendly competitions or similar, any single or group training activities or any event that utilises the Services, irrespective of any information or Content related to the Services. Byrd encourages you to always put your personal safety and the safety of others first, follow applicable traffic regulations, not to change settings on your devices or the Software while in motion or in unsafe areas and to always be due diligent when exercising.
You understand and agree that you download or otherwise obtain the Services at your own risk, and will be solely responsible for your use and any damage to your mobile devices, computers or other device by which you access the Content and Services, loss of data or other harm of any kind that may occur as a result thereof.
No Medical Advice
The Services do not contain or constitute, and should not be interpreted as, medical advice or opinion. You should always consult a qualified and licensed medical professional prior to beginning or modifying any diet, nutrition, mental or physical exercise program using the Website, Content and Services. Your use of the Website, Content and Services does not create a doctor-patient or coach-client relationship between you and Byrd, or our partners, sponsors, or affiliates.
The Services and Content are provided on an “as is” and “as available” basis without any warranties of any kind. We hereby disclaim all warranties, including, but not limited to, the warranty of title, merchantability, non-infringement of third parties’ right (including Intellectual Property) and fitness for particular purpose.
Byrd, or our partners, sponsors, or affiliates and their respective officers, directors, employees, agents, suppliers or licensors make no warranties or representations about the Content and Services (including User Generated Content) including, but not limited to, its accuracy, reliability, completeness, timeliness, or reliability.
Byrd, our partners, sponsors and affiliates make no warranties for the truth, accuracy or completeness of any information conveyed to users of the Services or for errors, mistakes or omissions therein or for any delays or interruptions of the Services, Content or Website from whatever cause. You agree that you use the Services and Content at your own risk. We make no warranty that the Services or Content are free of computer viruses or similar contamination or destructive features. If your use of the Services or Content results in the need for servicing or replacing equipment or data, we shall not be responsible for those costs.
In no event shall we be liable for any damages (including, without limitation, incidental and consequential damages, lost profit, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Services and the Content, whether based on warranty, contract, tort (including negligence), in excess of £500, even if we have been advised of the possibility of such damages.
Limitation of liability
To the fullest extent permitted by law, Byrd, its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors (“Released Parties”) shall not be liable for any direct, special, incidental, indirect or consequential damages, including but not limited to any lost profits, business interruptions or lost data, that result from the use of, or the inability to use, the Services, including any User Generated Content, even if Byrd has been advised of the possibility of such damages. If Byrd is found to be liable to you for any damage or loss which is in any way connected with your use of the Services or any Content, Byrd’s liability shall not exceed the subscription fees paid by you for the Services or £500 whichever is the greater. You expressly agree and undertake not to sue the Released Parties for any claims, actions, injuries, damages, or losses associated with your use of the Content and Services.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you in its entirety. However, you agree the provisions of liability will be limited to the extent permitted by law.
If links are established to a third-party website, Byrd is not liable for the contents of such third-party websites. This includes links to our partners’ or affiliates’ website that may use Byrd ‘s logos as part of a co-branding agreement.
Byrd reserves the right to change, discontinue and/or terminate any and all of the Services and Content at any time without notice.
Byrd may at any time, at its own discretion for any or no reason, and without any warning or notice, edit or remove in whole or in part any users account and User Generated Content and further restrict users’ use of all or any part of the Services. Byrd also reserves the right to block users from certain IP addresses or device numbers and prevent access to the Services. You understand and agree that some of your User Generated Content, which is displayed outside your profile, in activity feeds, in other parts of the Services, or on other platforms (e.g., Facebook, Twitter etc.), may continue to appear on the Services or on other platforms even after your User Generated Content is removed or your account is terminated.
You agree that no joint venture, partnership, joint controllership, employment or agency relationship exists between you and Byrd as a result of the Terms or your use of the Services. The Terms constitute the entire agreement between you and Byrd with respect to your use of the Services. The failure of Byrd to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of Byrd. Byrd has the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms and in connection with the Services. Byrd’s notice to you via email, regular mail or notices, posts, or links on the Services shall constitute acceptable notice to you under the Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.
Modification of the Terms and Services
Certain provisions of the Terms may be supplemented or superseded by expressly designated legal notices or terms located on particular pages on the Services. Byrd reserves the right to update the Terms at any time and for any reason in its sole discretion. Byrd will notify you of any material changes to the Terms or to any service or other features of the Services. By continuing to access or use the Services after we have provided you with notice of a modification, you are agreeing to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.
Byrd and its third party service providers may make improvements and/or changes in the Services, products, services, mobile applications, features, programs, and prices described at any time and for any reason in its sole discretion. The mobile application may download and install upgrades, updates and additional features in order to improve, enhance, and further develop the Services. Byrd reserves the right at any time to modify or discontinue, temporarily or permanently, the Services or any portion thereof with or without notice. You agree that Byrd shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
Invalidity and Severability
We welcome your comments, feedback, suggestions, and other communications regarding the Services and the information and services we make available through the Services (collectively, “Feedback”). If you provide Feedback, you hereby grant to Byrd a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not send Byrd any Feedback that you do not wish to license to us as set forth above.