Welcome to BirdTracking !

BirdTracking offers a complete analysis device for GPS data collected for birds. BirdTracking allows you to understand, visualize, track the performance of the subjects you want to study.

Our mission is to best support our users in their analyses, and to provide them with the best possible experience with the BirdTracking platform.

The latest version of our T&C – effective as of April, 20, 2020 – will be available to you at all times. Please take the time to read them before using BirdTracking services.

  1. INTRODUCTION

Who we are ?

BirdTracking is part of SAS Citron Pressé, Route de Bages, F-66450, Pollestres, FRANCE (“ BirdTracking”) operates an interactive online services (“Services”) and mobile apps ("Apps" and together with the Platform, the “ BirdTracking Products”) aiming to connect, and create new opportunities for people who are, or want to become, sports conscious. BirdTracking offers a number of Apps apart from and in connection with the services on the platform. Effective as of April 20, 2020, BirdTracking offers a number of Apps that include but may not be limited to the following:

BirdTracking, BirdTracking Pro.

Registration

In order to be able to use the complete spectrum of BirdTrackingProducts, a one-time registration is required. However, certain content, including general descriptions of BirdTracking, can be viewed without registration.

  1. VALIDITY OF THE T&C

BirdTracking offers the BirdTracking Services on the basis of these T&C. The user consents to the validity of these T&C and any agreements incorporated therein by reference either by using BirdTracking Services, in case they are available without registration, or registration, in case they require an account. These T&C shall be valid until cancelled in the currently valid version as of April 20, 2020.

Prerequisite. Neither the registration nor the use of the complete spectrum of BirdTracking Services shall be possible without consent to these T&C.

Extent These T&C shall apply to all points of access, including (sub-)domains and mobile applications, for BirdTracking Services.

  1. SUBJECT OF THE AGREEMENT

Currently, BirdTracking essentially offers its users the following features and information in several languages:

Platform

  • Personal profile page, including personal details, which can be set either private or public.
  • Detailed statistics for each tracks.
  • Content, e.g. texts, pictures and videos, regarding sports that is presented by BirdTracking and professional third parties.
  • Interactive maps

Mobile Apps

  • Applications for Apple iPhones, Android phones, and other smartphones and other devices on a global scale, that can be used both isolated on the smartphone as well as in connection with the Platform.
  • Subject to the user’s consent, relevant data is transmitted from the smartphone to the Platform and shared with other social networks (e.g., Facebook), respectively.
  • The user hereby confirms the user’s knowledge that as a result of the transmission of data from the smartphone to the Platform, certain costs of the mobile carrier will be incurred that have to be borne by the user.
  • The mobile applications are only available to users of smartphones. Only the basic functionality of the mobile applications is available for free.
  1. REGISTRATION

Free Membership

BirdTracking Services require a one-time, free registration. The minimum age for registration is determined by country. The “Free Membership” (basic) makes only basic options and features in the Apps available to users (“Free Features”). BirdTracking offers users three ways of registering:

  1. Via the registration form provided on BirdTracking Services.
  2. Via one of the Apps: For purposes of registration, the user shall provide the details requested by the registration form, e.g., first name, last name, date of birth, completely and correctly, unless such details are marked as voluntary. Registration is only possible by using the user’s civil name, i.e., the use of fantasy names or pseudonyms is not possible.
  3. Via adoption by BirdTracking of registration details provided by the user in the social networks Facebook, Apple or Google: Registration via Facebook Connect or via Google Sign-In requires the user to confirm that the selected details, which the user previously provided on Facebook or Google, shall be adopted by the BirdTracking network. The user can subsequently add to or reduce such details in such user’s profile on the Platform.

Premium Membership

A BirdTracking Premium Service for “Premium Members” (“Premium Membership”), with all options and features, is also available against payment of a certain price.

With this Premium Membership additional options and features (“Premium Features”) that are not available to Free Members, are unlocked. BirdTracking may offer Apps with or without Premium features being available for that specific App.

Specific Premium Member Terms & Conditions as set forth in Section 6 apply to the Premium Membership. Unless otherwise specified in the T&C or Section 6, all other provisions of these T&C also apply to the Premium Members.

By registering as a Premium Member, you confirm that you meet the age requirements stated in the applicable law (more information to be found here ) and are thereby legally entitled to enter into contracts. If the aforementioned representation is not true, BirdTracking is not bound by these Premium Conditions.

Consequences of Registration

By registering, the user confirms his/her knowledge and the unlimited recognition of the content of these T&C as well as that all registration data is true, accurate, current, and complete, and he/she will keep all registration information up to date.

Each user shall register with BirdTracking once only, and confirms with his/her registration that he/she has not registered an account with BirdTracking before and has not deleted a previously activated user account.

Following successful registration, the user (then the “Registered User”) can log on to the Platform by either entering his/her email address and the chosen password, or accomplishing the login via Facebook Connect, Apple Connect or Google Sign-In.

Rights of BirdTracking

BirdTracking reserves the right to reject users without giving reasons. In this event, any transmitted details will be deleted promptly.

If you provide any information that is untrue, inaccurate, not current or incomplete, or BirdTracking has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BirdTracking has the right to suspend or terminate your account immediately and without prior notice and to refuse any and all current or future use of the Premium Services (or any portion thereof), without the Registered User being entitled to a refund of any previously paid amount.

In any event, BirdTracking reserves the right to contact you at any time to verify your registration data.

User Identity

BirdTracking is not responsible for the actual identity of the user, since personal identification via the internet is possible only to a limited extent. Each user shall itself confirm the identity of other users prior to entering into any form of interaction with such users, e.g., adding as a friend or by writing messages.

  1. GENERAL TERMS AND CONDITIONS FOR ALL USERS

You must protect your account from unauthorized and fraudulent use. Please notify us immediately by email at support@ BirdTracking.com or, for Premium Members, premium@ BirdTracking.com, of any unauthorized or fraudulent use of your account, or if you suspect that your account may be at risk.

BirdTracking will not refund any amounts paid by you to BirdTracking.com before you report an unauthorized or fraudulent use of your account.

BirdTracking has the right to close or cancel the account of any Registered User in the event of any unauthorized or fraudulent use of the account.

Promotions and Free Offers

BirdTracking may run promotions and free offers, which may be subject to additional terms or restrictions. These promotions and offers may not be transferred between users.

Changes to the Apps & Services

BirdTracking reserves the right to change options or features - including Premium Features - in the Apps & Services. In most cases BirdTracking makes changes to the Apps to enhance or improve them. Insofar as the changes will not have a material adverse effect on your use of the App, BirdTracking will not refund previously paid amounts, unless otherwise provided for in Section 9.

  1. SPECIAL TERMS AND CONDITIONS FOR PREMIUM MEMBERS

Subscription Requirement

In order to use the BirdTracking Premium Service for Premium Members, you must be a Registered User, and pay the stipulated price, including applicable VAT, if any, and any other fees or amounts associated with the Premium Services, by credit card, via AppStores, or any other form of payment accepted by BirdTracking (the “Subscription”).

Types and Prices of Subscriptions

BirdTracking offers different Subscription periods so that you can choose the one that best satisfies your needs. All prices are subject to change at any time. Any price changes will be announced on the Platform or in the App Stores.

Free Credits upon Registration

Each new user registered on BirdTracking automatically receives 10 free credits. These credits can be used to upload files to the platform, within the specified size limits.

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Purchasing Credits

Users can purchase additional credits at any time to continue using BirdTracking's premium services. Payments can be made through various online payment systems. Purchased credits are non-refundable.

If a user deletes data, the credits used for uploading the files will not be refunded or recredited to the user's account.

Managing Credits

Each user can view the number of remaining credits and their usage history within the information contained in their user account.

Cancellation

You may cancel your Subscription to BirdTracking Premium Service for Premium Members at any time by initiating the cancellation on the Platform or via the App Store. Unless otherwise provided for in Section 8, BirdTracking will not refund previously paid amounts.

Expiration

Failing the cancellation of a subscription by a user, each subscription period ends only at the expiration of the agreed period, and regardless of the actual use by the user of the BirdTracking Premium service for members Premium during this period.

Each user can check the length of the current subscription period by viewing that user's account information.

Application of Other Rules

Unless otherwise specified in this Section 6, all other provisions of these General T&C apply also to the Premium Members.

  1. DISCONTINUATION

Discontinuation of Apps.

BirdTracking reserves the right to discontinue one or more Apps. All users shall be given notice of the discontinuation of the App.

After this notification, Premium Members shall be able to use the App for the duration of their current Subscription period. Please note that during this period the two following limitations apply:

1. It may not be possible to download the App on another device.
2. BirdTracking will not update the App during this period.

This means that if the operating system of your device is updated or if other relevant third party technical services change during this period, it may not be possible to use the App any longer. BirdTracking assumes no liability for this.

If you have purchased your Premium Membership through an App that will be discontinued, your Subscription will not be automatically renewed and will expire at the end of your current Subscription. If you have purchased your Premium Membership through another App - that will not be discontinued - automatic renewal as described in Section 6 shall still occur.

  1. TERMINATION

Each user shall have the right to terminate the use of BirdTrackingServices at any time via his/her account settings. Such termination shall be confirmed to the user.

Additionally, BirdTracking reserves the right to terminate a user’s membership for important reasons, such as due to gross breaches of the user’s obligations as set forth in these T&C and ancillary agreements.

  1. SPECIAL CANCELLATION RIGHT FOR CONSUMERS

Right of Withdrawal from Contract. You may cancel your agreement with BirdTracking in writing, e.g., by letter or email, within 14 days of the date on which the agreement was entered into without stating any reasons. You can cancel the agreement by sending your notification to:

BirdTracking – Citron Pressé
Route de Bages,
F-66450, Pollestres
Frances
Or by mail : cancellation@ BirdTracking.com

  1. USER OBLIGATIONS AND CONDUCT

User Obligations. Each user of the BirdTracking Services must :

  1. Truthfully provide, and keep current and complete, his/her registration details, and must not pass on such details to third parties.
  2. Only save, publish, transmit and distribute such content, e.g., photos, pictures, text, representations or videos, if the user is authorized to pass on such content, if the user has the exclusive right to use such content or, in the event that the user is not the owner of such rights with respect to content provided by it, if the user guarantees to BirdTracking that all required rights, licenses, permits etc. have been validly obtained.
  3. Not save, publish, transmit or distribute any content that is racist, insulting, discriminating, denunciating, sexual, glorifies violence or is otherwise illegal.
  4. Not carry out any disrupting interferences in the BirdTracking network, including the BirdTracking Services, by use of technical or electronic aids, such as hacking attempts, brute force attacks, planting of viruses/worms/trojans and other disrupting attempts regarding BirdTracking’s software or hardware.
  5. Not copy, distribute, transmit or collect by use of technical aids, by crawlers or bots, accessible details without the consent of the respective owner.
  6. Provide prompt notice via email to support@ BirdTracking.com of any detected breaches of the aforementioned obligations.
  7. Regularly save important personal details externally, on an external storage medium, hard drive or in the cloud. BirdTracking shall not be responsible for any lost or impaired details.

General.

BirdTracking permits its Registered Users to use the offered portfolio of BirdTracking Services in accordance with statutory law and these T&C, in order to upload, save, publish, distribute, transmit, and share content with other users.

Tracking.

The user consents that, as a result of the automatic evaluation of the way such user uses the platform, it may be exposed to certain offers and/or marketing messages tailored to such user.

Disclosure.

BirdTracking shall have the right to save content or disclose such content to third parties, to the extent this is required by law, or legally permissible and reasonably necessary, in order to comply with statutory law, or court or administrative orders, to ensure compliance with these T&C, to react to claims of breaches of law raised by third parties or safeguard the rights, property or personal safety of BirdTracking, its users and the general public.

Use of Content.

The user grants BirdTracking the irrevocable, free, non-exclusive and unlimited right to use all content generated, transmitted, saved and published by such user. Accordingly, BirdTracking shall have the right to use, irrespective of the type of usage, all content both as part of the Platform and any other activity of BirdTracking or any company affiliated with BirdTracking.

This shall include the right to change and edit such content, unless such changes or edits impair material interests of the user. In this connection, the user waives, to the extent legally permissible, all intellectual property rights. However, to the extent feasible, in the event that BirdTracking uses content created by a user outside the BirdTrackingServices, BirdTracking shall note that such content was created by the user.

Ownership.

BirdTracking does not claim ownership of any content created by users and will not supervise such content.

Deletion.

BirdTracking reserves the right to delete content created by users, such as routes, photos, events or comments without giving reasons.

Inaccurate Content.

BirdTracking shall not be responsible for inaccurate content created by users, e.g., details regarding activities, scenes or events etc.

  1. REPRESENTATIONS AND WARRANTIES

Limitation.

BirdTracking does not claim or warrant that the BirdTracking Services will be available at all times, or that they and the necessary hardware and software will be completely free from errors; and the transmission of data via other systems, in particular the internet and telecommunication networks, is not tracked, recorded or distorted by third parties.

Own Risk.

The user uses the BirdTracking Services exclusively at his/her own risk. This applies, without limitation, to the related use of any hardware, including, but not limited to, the respective smartphone.

Medical Advice.

The use of any software or hardware offered by BirdTracking is no substitute for the consultation by the user of a specialized doctor.

External Content.

Additionally, BirdTracking does not make any representations or warranties with respect to external links, banners or other information and marketing offers that may be made accessible to the user. Any contractual arrangements entered into between the user and a third party provider, e.g., via linked websites or banners, result in a contractual relationship between such user and the third party provider only. BirdTracking does not make any representations or warranties with respect to products or services of third party providers.

  1. LIMITATION OF LIABILITY

General.

BirdTracking shall not be liable to other businesses and shall be liable to consumers only for personal damages. BirdTracking shall not be liable to businesses for follow-on damages, mere pecuniary losses, lost profits, or damages resulting from claims of third parties.

Downloads.

BirdTracking assumes no liability for downloaded material or material obtained as a consequence of using the BirdTracking Services. The Registered User is solely responsible for any damages caused by such materials to his computer or smart phone system or for information that is lost as a consequence of downloading materials from any of the BirdTracking Services.

Conflicts.

The Registered User is exclusively liable for any claims of lawsuits of any kind in any way derived from or related to conflicts with other users. The Registered User acknowledges and accepts that BirdTracking will not, under any circumstances, be liable for the acts and omissions of other users, including the damages associated with such acts or omissions.

  1. CHANGES TO THE TERMS & CONDITIONS (T&C)

General.

BirdTracking reserves the right to amend these T&C from time to time for a number of reasons including, without limitation, for commercial reasons, to comply with applicable law or regulations, or for customer service reasons. At any time, the then-current version of these T&C is available for viewing on the Platform as well as in the apps.

Changes.

In case of minor changes to these T&C (if, for example, there is a change in the law that means we need to change these T&C), we may simply make the new T&C available for viewing on the Platform and in the Apps.

Please check these T&C regularly to ensure that you understand the up-to-date terms.

For any significant changes to these T&C that will materially adversely impact you, BirdTracking will either obtain your specific consent to the changes through communication in the BirdTracking Services, or BirdTracking will inform you of any changes at least two weeks prior to the effective date of the changes via email to the address provided during Registration (“Amendment Information”).

From receiving the Amendment Information, you will have an objection period of two weeks. If you do not object to the changes, the updated T&C will be deemed accepted.

Conflicts.

In the event that you object to the changes, BirdTracking is entitled to terminate the user contract and delete your user account, under consideration of your interests if continuing of the contractual relationship under the scope of the current terms and conditions is not possible or unreasonable for BirdTracking.

  1. GOVERNING LAW AND JURISDICTION

These T&C and all contractual relations and litigation between the users and BirdTracking shall be governed by French law. Place of delivery and exclusive court of jurisdiction shall be Perpignan (66) France.

Last modification : Friday 14 June 2024 08h13