November 2024
Updated legal terms
Bird has updated its legal terms. These terms replace all prior versions of Bird’s and its Affiliates’ terms. This notice applies to you if you signed up to any of Bird’s and/or its Affiliates’ Services prior to 21 November 2024.
This includes the Services of our Affiliates and brands eData Source, Pusher, Sparkpost, Taxi for Email and 24sessions. We are bringing all our Affiliate and brands terms and conditions under one Bird legal nest with our new General Terms and Conditions.
Terms used in this section have the meaning given to them in the General Terms and Conditions.
Who is affected
If you are an existing Bird, eData Source, Pusher, Sparkpost, Taxi for Email and/or 24sessions customer on 21 November 2024, unless we have expressly agreed otherwise in writing with you, your legal terms and conditions are being updated on 22 December 2024 to our General Terms and Conditions (and associated terms referenced therein such as our Product Specific Terms, Acceptable Use Policy, Data Processing Agreement and Privacy Statement)(GTCs).
Archived terms and conditions are available here.
What this means for you
Please review this notice to understand the changes that will be made to your contract terms on 22 December 2024. The updated contract terms apply to you. Unless we have expressly agreed otherwise in writing with you, the updated contract terms will replace all previous contract terms and will be binding as between you and Bird for the Services we provide to you on and from 22 December 2024.
The changes will automatically apply to you on and from 22 December 2024. You do not need to take any further action. Your continued use of our Services from that date automatically constitutes your acceptance of the updated terms.
The updated terms do not change the Services we provide to you. We look forward to continuing to bring you excellent Services and value!
Updates
This change log notifies you of material updates to our GTCs from time to time. Please regularly review this change log for updates. By using our Services, you agree to our updated GTCs from time to time.
This change log provides summaries of material changes for your convenience. Summaries are non-exhaustive. All updated GTCs are provided on our website (see Archive) for your full review.
Bird customers
November 2024
We have introduced an Acceptable Usage Policy. This explains the do’s and don’ts of how you can use our Services. Existing rules in the GTCs regarding such matters have moved to the Acceptable Usage Policy.
We have further explained how our pricing updates, renewals process and renewals pricing works.
We have further clarified our role and responsibilities in respect of the third party products, services and channels you use in connection with our Services. This includes the connectors and integrations you use with our Services.
We have further clarified how our reseller and ISV programmes work and further explained our rules on resale and ISV use cases.
We have further clarified how our Beta Product offerings work.
We have further clarified how usage limitations and overage fees work.
We have further explained our expectations regarding prompt payment. Unless we agree otherwise, post-contract system registrations, vendor forms and purchase orders are not a precondition to payment by you.
We have further explained what rules apply where you continue to use our Services after an agreed term ends.
We have further explained our termination and investigation rights in respect of the Services where there has been breach, abuse of the Services or compromise of your account.
We have explained the order of precedence between the different documents that make up our contractual agreement with you.
We have added reference to our new Bird Pay contracting entity
We have updated our Product Specific Terms to add new products, including our new Bird CRM, Bird Pay, RCS messaging and Professional Services offerings. We have also provided additional website links to many of our existing product offerings for clarity.
We have further clarified our AI provisions to take account upcoming rules under the new EU AI Act.
We have further tidied up the GTCs for clarity and plain English drafting.
February 2024
We have updated our terms with our new name! MessageBird became Bird in February 2024 and we have updated our GTCs to reflect this. This is a branding change and does not affect the legal entity with whom you were contracting before February 2024.
We have amended our Service Level Agreement (SLA) offering. As our Services have evolved and we add new Services from time to time, our SLA offering is a tailored offering for specific Service plans and incorporated instead in our Order Form terms.
We have clarified your responsibility to obtain required consents under applicable law for any marketing or associated activities in connection with the Services.
We have updated our Product Specific Terms to reflect the range of SMS services we provide (including IP messaging) and changes to the terms of our third party service providers. For example, we have reflected X’s new terms and Meta’s new WhatsApp terms applicable to Tech Providers and regarding use of the WhatsApp service in China. We have also further clarified our AI provisions.
We have further tidied up the GTCs for clarity and plain English drafting.
May 2023
We have explained how we may optimise delivery of Services to you, how we may make changes to our Services and how our website Services descriptions work.
We have clarified the scope of your responsibilities. For example, when our GTCs refer to “you” and “your responsibilities”, we make it clear that you are responsible for use of our Services by your affiliates, employees, end users and anyone to whom you give access to your account. You are also responsible for ensuring that the data and systems you use in connection with our Services do not breach third party rights or law.
We have further clarified your obligation to keep your account secure and to prevent unauthorised access to your account. You will be responsible for any fraudulent or unauthorised access to or use of your account and are responsible for any fees incurred by such use.
We have explained how our Partner programs work and how these may apply to you.
We have explained how fee changes updates work from time to time and how we apply currency conversion.
We have explained how any withholding taxes may be managed between us.
We have introduced a range of payment methods for our services. This includes prepaid balances and direct debit functionality. We have explained how these payment methods and credit limits may apply to your account.
We have further explained how our late payment and debt collection process may apply where you fail to pay your fees.
We have clarified our terms on how your feedback may be used.
We have clarified that, in some cases, we may need to pass through third party fines to you that we incur arising from your use of our Services in breach of our GTCs (e.g. where you breach SPAM rules).
We have clarified how our Disclosure Policy applies and how we respond to law enforcement requests.
We have further clarified how the limitation of liability provisions work.
We have clarified how certain termination events (such as your insolvency) may affect your Services.
We have clarified how our auto-renewal process works.
We have updated our notice terms as to how you may contact us.
We have clarified how mutual assignment and transfer rights under the GTCs work and how any pre-contractual or additional contract terms are excluded (our GTCs are the entire agreement).
We have added some general rules of contract interpretation and a grievances point of contact.
As we do business worldwide, we have added some geo-specific terms reflecting local law requirements.
We have updated our Product Specific Terms to reflect the updated terms of our third party service providers (e.g. Google, Messenger, Instagram, LINE, Twitter (X), Viber, WeChat and Meta/WhatsApp and Apple).
We have updated our Product Specific Terms to explain our approach to connectors, integrations, third party APIs and AI and how these apply to your use of our Services.
We have further tidied up the GTCs for clarity and plain English drafting.
February 2022
We have updated the layout and presentation of our GTCs to make them more current and reader friendly. We have simplified legal terms where possible and added a plain English explanation of the contract sections in the margins.
We have listed the terms applicable to our different Service offerings in a new set of Product Specific Terms. Different provisions apply depending on the Services you purchase from us.
As our new terms are in a substantially different format and flow, for customers using our pre-February 2022 terms, we recommend you read our new GTCs. These GTCs form the basis for all our contract terms with you going forward.
Our Affiliates
eData Source customers
eData Source joined the Bird group in 2019. Unless we have expressly agreed otherwise in writing with you, if you were an eData Source customer under any of its Terms of Service (see Archive), from 22 December 2024, your contract will be governed by our new GTCs. Please read our new GTCs to ensure that you are aware of the new terms that apply to the Services we provide to you.
Pusher customers
Pusher joined the Bird group in 2020. Unless we have expressly agreed otherwise in writing with you, if you were a Pusher customer under any of its Terms of Service (see Archive), from 22 December 2024, your contract will be governed by our new GTCs. Please read our new GTCs to ensure that you are aware of the new terms that apply to the Services we provide to you.
Sparkpost customers
Sparkpost joined the Bird group in 2021. Unless we have expressly agreed otherwise in writing with you, if you were a Sparkpost customer under any of its Terms of Use (see Archive), from 22 December 2024, your contract will be governed by our new GTCs. Please read our new GTCs to ensure that you are aware of the new terms that apply to the Services we provide to you.
Taxi for Email customers
Taxi for Email joined the Bird group in 2021. Unless we have expressly agreed otherwise in writing with you, if you were a Taxi for Email customer under any of its Terms and Conditions (see Archive), from 22 December 2024, your contract will be governed by our new GTCs. Please read our new GTCs to ensure that you are aware of the new terms that apply to the Services we provide to you.
24sessions customers
24sessions joined the Bird group in 2021. Unless we have expressly agreed otherwise in writing with you, if you were a 24sessions customer under any of its Terms of Use (see Archive), from 22 December 2024, your contract will be governed by our new GTCs. Please read our new GTCs to ensure that you are aware of the new terms that apply to the Services we provide to you.