Bird’s Terms of Service require binding individual arbitration for disputes with Bird itself, such as billing or account issues, and waive class actions. That clause does not cover a claim against a negligent driver. Oklahoma’s comparative negligence law (23 O.S. § 13) still lets you recover damages unless you were more than 50 percent at fault.
Bird updates its Terms of Service often, so check the current version before you rent one of its e-scooters in Oklahoma City. Creating an account makes you a party to a contract with Bird Rides, Inc., and riding on public streets also means following Oklahoma’s traffic laws, separate from Bird’s contract terms.
You must provide accurate, current information and keep your login credentials private; you are responsible for account activity.
Payment and Billing
Renting a scooter requires a valid credit card or other payment method Bird accepts, authorizing Bird to charge you for fees as incurred. You can also preload a Bird wallet balance, though wallet funds carry additional terms tied to a separate Bird entity.
Arbitration Agreement and Class Action Waiver
The Terms of Service include a binding arbitration clause, a type of provision made enforceable under the Federal Arbitration Act. Most disputes with Bird go to individual arbitration instead of court, and class actions are waived.
- Nearly all disputes about the Terms of Service, including their interpretation or enforceability, go to binding individual arbitration, not court.
- The arbitrator is chosen by mutual agreement and can grant any relief a court could.
- Arbitration takes place in Los Angeles, California, unless both sides agree to a different location.
- You waive the right to a class action; every claim must be arbitrated individually.
- Bird covers arbitration fees above standard court costs, which can make recovering attorney’s fees possible in some cases.
- Intellectual property lawsuits and small claims court cases are exempt from arbitration.
- New users have 30 days from their first ride to opt out of arbitration in writing, mailed to Bird Rides, Inc., 406 Broadway #369, Santa Monica, California 90401.
Content Policies
Using Bird’s app and services means following its content rules. Posting unlawful, threatening, defamatory, or infringing content is prohibited, and Bird can remove content it considers inappropriate without notice.
Liability Limitations
Bird provides its services “as is,” without warranties, and disclaims liability for damages from using the app or a scooter. Liability is capped at $25 or the fees you paid Bird in the last six months.
If You Are Hurt While Riding a Bird Scooter
The arbitration clause and the $25 liability cap only govern your contract with Bird. They do not reach a personal injury claim against someone else who caused your crash. If a negligent driver or a defective scooter hurt you, that claim is separate and is not sent to arbitration. Oklahoma’s comparative negligence rule still lets you recover damages as long as you were not more than 50 percent at fault. If you were hurt on a Bird scooter in Oklahoma City, the team at Hasbrook & Hasbrook can evaluate a scooter accident claim, and it helps to know how a rideshare accident claim differs from a scooter crash.
Termination Rights
Either you or Bird can end your account and access to the services at any time, for any reason. Bird may also suspend or block access for violating its policies.
Bird’s complete Terms of Service go into more detail, so review them directly before you ride and check back periodically. Lime’s scooter rental terms follow a similar structure but are not identical.
