Terms of Service Policy for Four Birds Limited

1. Agreement and Acceptance

Formation of Agreement

By creating an account, downloading our applications, or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any additional terms that apply to specific features you use.

Eligibility and Age Requirements

• You must be at least 13 years old to use our services
• If you are under 18, you must have parental or guardian consent
• You must provide accurate and complete registration information
• You must have the legal capacity to enter into this agreement

Updates to Terms

We may modify these Terms at any time. Material changes will be communicated via email or in-app notification at least 30 days before they take effect. Continued use of our services after changes become effective constitutes acceptance of the modified Terms.

2. Service Description and License

Our Services

Four Birds Limited is a deep-tech innovation studio. We design, engineer and commercialise hardware and software. Our services include:

• Hardware and product design, prototyping and validation
• Custom software and web application development
• AI and intelligent systems integration
• IP research, patent landscape analysis and commercialisation strategy
• Digital presence, SEO and AI search optimisation (GEO)
• Mobile applications with optional premium subscriptions

License Grant

We grant you a limited, non-exclusive, non-transferable, revocable license to use our applications and digital platforms solely for their intended purpose. For consulting and project-based engagements, deliverable ownership is governed by the applicable statement of work or project agreement. This license does not include rights to:

• Copy, modify, or create derivative works
• Distribute, sell, or sublicense the applications
• Reverse engineer or attempt to access source code
• Use the services for commercial purposes without authorization

3. User Accounts and Registration

Account Creation Requirements

To access certain features, you must create an account by providing:

• Valid email address
• Secure password meeting our requirements
• Any additional information requested during registration

Account Security and Responsibilities

You are solely responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized access or security breaches
• Providing accurate and current account information

Account Termination Rights

You may terminate your account at any time through app settings or by contacting customer support. We may suspend or terminate your account for:

• Violation of these Terms
• Suspected fraudulent activity
• Extended inactivity (12 months)
• Legal compliance requirements

4. Engagement Models and Payment Terms

Project-Based and Consulting Engagements

For hardware design, software development, IP research, SEO consulting and other professional services, the scope, deliverables, timeline and fees are defined in a separate statement of work or project agreement. Those project-specific terms supplement these Terms.

Free and Premium Features

Where applicable, our applications operate on a freemium model:

• Free Features: Basic functionality including core features
• Premium Features: Enhanced functionality requiring active subscription
• Limitations: Free users may experience advertising, reduced functionality, storage limits, or usage quotas

Free Trial Periods

We may offer free trial periods for premium features:

• Trial duration and terms will be clearly disclosed before sign-up
• Trials automatically convert to paid subscriptions unless cancelled
• You may cancel your trial anytime before the trial period ends
• Only one trial per user is permitted

Subscription Billing and Auto-Renewal

AUTOMATIC RENEWAL NOTICE: Your subscription will automatically renew at the end of each billing period unless cancelled. You will be charged the then-current subscription price.

Cancellation Procedures

You may cancel your subscription at any time through:

1. Your account settings within the application
2. Contacting customer support at hello@fourbirds.co.nz
3. Platform-specific cancellation methods (App Store/Google Play)

Cancellation takes effect at the end of your current billing period. You retain access to premium features until that time.

Price Changes and Notifications

We may change subscription prices with 30 days advance notice via email. Material price increases may require your consent to continue service. If you don't agree to price increases, your subscription will not renew at the new rate.

5. In-App Purchases and Payments

Payment Processing

• For consulting and project work, invoices are payable per the terms in your project agreement
• For mobile applications, payments are processed through Apple App Store or Google Play Store
• We use secure, PCI DSS-compliant payment processors
• We do not store your payment information on our servers

Refund Policy

Refunds for in-app purchases are subject to the refund policies of the App Store or Google Play Store where the purchase was made. We may provide additional refunds at our sole discretion. To request a refund:

1. Contact the app store provider within 48 hours of purchase
2. For subscription-related issues, contact our customer support
3. Refunds may be available for technical issues preventing service use

Billing Disputes

For billing disputes:

• Contact customer support within 60 days of the charge
• We will investigate all legitimate disputes
• Chargebacks may result in account suspension pending resolution
• We cooperate with payment processors to resolve issues

6. Referral Programs

Program Participation

Our referral programs provide rewards for successful referrals:

• Participants must comply with applicable advertising disclosure requirements
• Rewards are subject to program terms and conditions
• We reserve the right to void rewards obtained through fraudulent means
• Tax reporting may be required for rewards exceeding applicable thresholds

Prohibited Referral Activities

You may not:

• Create fake accounts or self-referrals
• Use misleading or deceptive promotional practices
• Violate any applicable advertising or consumer protection laws
• Engage in spam or unsolicited commercial communications

7. User Data and Privacy

Data Collection and Use

By using our services, you acknowledge and agree that we collect, use, and share your information as described in our Privacy Policy. Our data practices include:

• Collection of basic user data (name, email address)
• Account and usage information
• Technical data for service operation and improvement

Your Data Rights

You have the right to:

• Access your personal information
• Correct inaccurate information
• Request deletion of your data
• Export your data in common formats
• Withdraw consent for data processing

International Data Transfers

Your information may be transferred to and processed in countries other than New Zealand. We ensure such transfers comply with applicable privacy laws and provide adequate protection through appropriate safeguards.

Data Retention

Upon account termination, we will delete your personal information within 30 days, except where retention is required by law or for legitimate business purposes.

8. User Conduct and Prohibited Uses

Acceptable Use

You agree to use our services only for lawful purposes and in accordance with these Terms. You are responsible for all content you submit and activities under your account.

Prohibited Activities

You may not:

• Violate any applicable laws or regulations
• Infringe intellectual property rights
• Transmit harmful, offensive, or illegal content
• Attempt to gain unauthorized access to our systems
• Interfere with service operation or other users' experience
• Use automated systems to access our services without authorization
• Engage in commercial activities without our written consent

Content Standards

Any content you submit must comply with our community guidelines and may not contain:

• Illegal, harmful, or offensive material
• Copyrighted content without authorization
• Personal information of others without consent
• Spam, misleading information, or commercial solicitations

9. Intellectual Property Rights

Our Intellectual Property

The applications, services, deliverables, methodologies, and all related content are owned by Four Birds Limited or our licensors and are protected by intellectual property laws unless explicitly assigned to you under a project agreement. Our trademarks, logos, and brand features may not be used without written permission.

User Content

You retain ownership of content you create and upload. However, you grant us a limited, worldwide, royalty-free license to use, store, display, and distribute your content as necessary to provide our services.

Copyright Policy

We respect intellectual property rights and comply with the Digital Millennium Copyright Act. To report copyright infringement, contact us at hello@fourbirds.co.nz with:

• Description of the copyrighted work
• Location of the infringing material
• Your contact information and good faith statement
• Electronic or physical signature

10. Service Availability and Modifications

Service Availability

We strive to maintain service availability but do not guarantee uninterrupted access. Services may be temporarily unavailable due to:

• Scheduled maintenance
• Technical difficulties
• Force majeure events
• Legal or regulatory requirements

Service Modifications

We may modify, suspend, or discontinue any aspect of our services at any time. We will provide reasonable notice of material changes that significantly affect service functionality.

11. Disclaimers and Limitation of Liability

Consumer Rights Acknowledgment

This agreement does not limit your rights under New Zealand consumer protection laws, including the Consumer Guarantees Act 1993 and Fair Trading Act 1986. Where any term conflicts with your statutory rights, your statutory rights prevail.

Service Disclaimers

To the maximum extent permitted by law:

• Services are provided "AS IS" without warranties of any kind
• We disclaim all warranties, express or implied, including merchantability and fitness for purpose
• We do not warrant that services will be error-free or uninterrupted

Limitation of Liability

Where legally permitted, our total liability to you is limited to:

• The greater of NZ$20 or the amount you paid for services in the 12 months preceding the claim
• We are not liable for indirect, incidental, consequential, or punitive damages
• These limitations do not apply to personal injury, death, or gross negligence

12. Dispute Resolution

Governing Law and Jurisdiction

These Terms are governed by New Zealand law.

Mandatory Pre-Legal Requirements

Before initiating any legal proceedings, you must:

• Contact us in writing at hello@fourbirds.co.nz describing the specific issue
• Allow us a reasonable opportunity (minimum 60 days) to investigate and respond
• Engage in good faith discussions to resolve the matter

Consumer Rights

Nothing in this clause limits your rights under New Zealand consumer protection laws.

Limitation of Claims

Any claim must be brought within 12 months of the issue arising, or it is permanently barred.

13. Termination

Termination by You

You may terminate your account at any time by:

• Using account deletion features in the app
• Contacting customer support
• Following platform-specific procedures

Termination by Us

We may terminate or suspend your account immediately for:

• Material breach of these Terms
• Fraudulent or illegal activities
• Violation of intellectual property rights
• Extended inactivity (12 months without use)

Effects of Termination

Upon termination:

• Your right to use our services ends immediately
• We may delete your account data within 30 days
• Certain data may be retained as required by law
• Outstanding payment obligations remain in effect

14. Miscellaneous Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any additional terms, constitute the entire agreement between you and Four Birds Limited regarding our services.

Severability

If any provision of these Terms is found unenforceable, the remaining provisions continue in full force and effect.

Assignment

We may assign these Terms to any affiliate or successor entity. You may not assign your rights or obligations without our written consent.

Contact Information

For questions about these Terms, contact us at:

Notices

Legal notices will be sent to your registered email address and are deemed received 24 hours after sending.

Important Consumer Information

Your Rights Under New Zealand Law

• You have guaranteed rights under the Consumer Guarantees Act 1993
• Services must be of acceptable quality and fit for purpose
• You have remedies if services fail to meet guarantees
• These rights cannot be excluded by contract terms

Privacy Information

• We are committed to protecting your privacy
• Our Privacy Policy explains how we handle your information
• You have rights regarding your personal data under the Privacy Act 2020
• Contact us with any privacy concerns or requests

Accessibility

We are committed to making our services accessible. If you experience accessibility issues, please contact hello@fourbirds.co.nz.