1. Acceptance of Terms
By accessing or using the ControlBird platform, website, APIs, or any associated services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
If you do not agree to these Terms, you may not access or use the Service. We recommend reviewing these Terms periodically, as your continued use of the Service constitutes acceptance of any changes.
2. Account Terms
To use certain features of the Service, you must create an account. When creating an account, you agree to:
- Provide accurate, current, and complete registration information.
- Maintain the security of your password and account credentials.
- Accept responsibility for all activities that occur under your account.
- Notify us immediately of any unauthorized use of your account.
You must be at least 18 years old to create an account. Accounts registered by automated methods (bots) are not permitted. ControlBird reserves the right to suspend or terminate accounts that violate these Terms.
3. Subscriptions & Billing
ControlBird offers subscription-based plans across multiple tiers. By selecting a plan, you agree to pay the applicable fees as described at the time of purchase.
- Billing Cycle: Subscriptions are billed in advance on a monthly or annual basis, depending on your selected plan.
- Automatic Renewal: Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date.
- Price Changes: We may change subscription fees upon 30 days' notice. Continued use after a price change constitutes acceptance of the new pricing.
- Refunds: Fees are non-refundable except where required by applicable law.
- Taxes: You are responsible for any applicable taxes not included in the subscription fee.
4. Acceptable Use
You agree not to use the Service to:
- Violate any applicable local, national, or international law or regulation.
- Transmit malware, viruses, or any code of a destructive nature.
- Attempt to gain unauthorized access to the Service, other accounts, or connected systems.
- Interfere with or disrupt the integrity or performance of the Service.
- Use the Service to control safety-critical systems without appropriate fail-safes and redundancy.
- Reverse engineer, decompile, or disassemble any portion of the Service.
- Resell, sublicense, or redistribute access to the Service without written authorization.
ControlBird reserves the right to investigate and take appropriate action against anyone who violates these provisions, including suspending or terminating their account.
5. Intellectual Property
The Service, including its original content, features, and functionality, is owned by ControlBird and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
You retain all rights to data you upload to or create within the Service ("Your Data"). By using the Service, you grant ControlBird a limited license to host, store, and process Your Data solely to provide and improve the Service.
Automation configurations, scripts, and dashboards you create within the platform remain your intellectual property. ControlBird will not access, use, or share Your Data except as necessary to provide the Service or as required by law.
6. Data & Privacy
Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your information, including data from connected IoT devices.
You are responsible for ensuring that your use of the Service complies with all applicable data protection laws, including GDPR, CCPA, and any industry-specific regulations relevant to your deployment.
7. Service Availability & SLA
ControlBird strives to maintain high availability for the Service. For customers on paid plans, we provide a Service Level Agreement (SLA) with the following commitments:
- Uptime Target: 99.9% monthly uptime for ControlBird Cloud.
- Scheduled Maintenance: Planned maintenance windows will be communicated at least 48 hours in advance.
- Incident Response: Critical issues will be acknowledged within 1 hour during business hours.
The SLA does not apply to beta features or outages caused by factors outside our reasonable control (force majeure events, third-party service failures, or customer-side network issues).
8. Limitation of Liability
To the maximum extent permitted by law, ControlBird and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising from your use of the Service.
In no event shall ControlBird's total liability exceed the amount you have paid to ControlBird in the twelve (12) months preceding the claim.
The Service is not designed or intended for use in hazardous environments requiring fail-safe performance, such as nuclear facilities, aircraft navigation, or life-support systems. You assume all risk for such use.
9. Termination
You may terminate your account at any time through the account settings or by contacting support. Upon termination:
- Your access to the Service will be revoked immediately.
- Your data will be retained for 30 days to allow for export, after which it will be permanently deleted.
- Any outstanding fees remain due and payable.
ControlBird may suspend or terminate your access to the Service at any time for violation of these Terms, with or without notice. We will make reasonable efforts to notify you before termination except in cases of severe or repeated violations.
10. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada, without regard to conflict of law provisions. Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the Arbitration Act (Alberta), unless otherwise required by law.
11. Changes to Terms
We reserve the right to modify these Terms at any time. Material changes will be communicated via email or through a prominent notice on the Service at least 30 days before they take effect. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.
12. Contact
If you have questions about these Terms, please contact us at:
- Email: [email protected]
- Sales: [email protected]