Bird appears to update their Terms of Service frequently, so check it before renting one. Riding one of those Bird scooters around town can be super convenient for getting from point A to point B. But before you take off, it’s important to understand the legal terms you agree to when using the service. As of October 2023, Bird has the following TOS:
To use any of Bird’s services, including renting a scooter, you must create an account and agree to the Terms of Service. These terms constitute a legal agreement between you and Bird Rides, Inc.
When you create an account, you must provide accurate and updated information. You’re also responsible for keeping your account secure and can’t share login credentials.
Payment and Billing
To rent and ride, you’ll need to provide a valid credit card or other payment method Bird accepts. This authorizes Bird to charge you for any fees incurred for services.
You can also add funds to a Bird wallet balance to pay. Be aware wallet balances involve additional terms with a separate Bird entity.
Arbitration Agreement
Notable in the Terms of Service is a binding arbitration clause. This means any disputes have to go to individual arbitration instead of court. Class actions are waived under the agreement.
- The arbitration clause states that all disputes arising out of the Terms of Service must be resolved by binding individual arbitration instead of in court.
- This applies to any disputes related to the interpretation, enforceability, or formation of the Terms of Service.
- The arbitration will be conducted by a mutually agreed upon arbitrator or arbitration service. The arbitrator has the power to grant any relief that would be available in court.
- The arbitration will occur in Los Angeles, California unless both parties agree to a different location.
- The Terms of Service waive any right to class action lawsuits or class arbitration. This means all arbitration must be on an individual basis.
- Bird agrees to pay any arbitration fees exceeding court fees. This allows recovery of attorneys’ fees in some cases.
- There are two exceptions where claims can be filed in court: (1) lawsuits to protect intellectual property rights and (2) small claims court cases.
- Users have 30 days after first using the services to opt out of the arbitration clause by written notice. Otherwise, they are bound to the arbitration terms. Mail the letter to Bird Rides, Inc., 406 Broadway, #369, Santa Monica, California 90401.
Content Policies
When using Bird’s services, you have to follow the content policies. Prohibited activities include posting unlawful, threatening, defamatory, or infringing content. Bird can remove any inappropriate content without notice.
Liability Limitations
The Terms of Service state that Bird provides services “as is” without warranties. Bird disclaims liability for any damages that may arise from using its services. Its liability is also limited to a maximum of $25 or the fees you paid in the last six months.
Termination Rights
Both you and Bird can terminate your account and access the services anytime for any reason. Bird can also block access for policy violations.
The small print matters when it comes to using apps and online services. So, review Bird’s complete Terms of Service to understand the agreement before taking a ride.