Please read these terms and conditions carefully before using Our Service.

Terms and Conditions

The below terms and conditions represent a contract between the users of Bird Me services (“User”, “Merchant”, “Organization”, “Individual”, “you” or “your”) and Bird Me.

Definitions

For the purposes of these Terms and Conditions:

Terms and Conditions

These Terms and Conditions that form the entire agreement between the User and the Company regarding the use of Bird Me and the Service and as updated by the Company from time to time

birdme

The software program and application and all components thereof developed by the Company to be downloaded on any smart device, named Bird Me

Company

refers to Shadowtech LLC, (referred hereinafter as “the Company”, “We”, “Us” or “Our”), a company registered under commercial registration number: (4030402085) and existing under the laws of the Kingdom of Saudi Arabia, with its headquarters located in Jeddah, KSA

Application Store

the digital distribution service operated and developed by third parties, such as: Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which Bird Me has been downloaded

Affiliate

an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority

Account

Digital credentials created for You to access Bird Me

You/User

the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Freelancer

User who is registered with the Ministry of Human Resources and Social Development – Freelancing Portal

Prohibited Business/Activities

Prohibited Business/Activities that cannot be processed across Bird Me under whatsoever circumstances. Prohibited Business/Activities include:

Activities that are criminalized by Saudi applicable laws or regulations:

  • Alcohol Trafficking
  • Drug Trafficking
  • Human Trafficking
  • Terrorism
  • Organized Crime
  • Money Laundering
  • Fraudulent Acts
  • Acts that violate Islamic Sharia rules
  • Gambling

Activities that are impermissible while using birdme:

  • Money exchange
  • Stock exchange
  • Money transfer
  • Gold sale/purchase
  • Oil&Gas sale/purchase
  • Banking solutions/services
  • Cryptocurrency trading
  • Virtual assets trading
  • Charity, donations, and non-profit transactions
  • Sub-agents

Service

Service(s) delivered by us within Bird Me

Third-party Social Media Service

any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included, or made available by Bird Me

General Terms

  • We are liable for no product and services invoiced and processed through Bird Me.
  • We give unexclusive and untransferable license to access Bird Me and avail of Services.
  • You can request additional services, communicate with the support team, and request change the bank details through Bird Me Platform.
  • Terms & Condition is governed by the applicable laws of Saudi Arabia and any dispute arise regarding it, shall be heard by the competent courts in Jeddah, Saudi Arabia.
  • You understand that, in order to make the Service handy and seamless, almost all steps have been developed to be electronically executed. Those electronic/digital steps (including data, information, signatures, clicks, checks, communications, notifications, correspondence, applications, and consents) do NOT detract from the effectiveness, bindingness, enforceability of all electronic acts as if they were made manually (non-digitally).
  • You understand that all electronic and cellular communications (including SMSs, phone calls, email messages, Bird Me notification and messaging centres) are deemed to be effective on the same business day on which they have been rendered or the following business day if they have been rendered after business hours, as if they would have been delivered by hand.
  • You understand that we have the right to request signing additional contracts or addendums with you.
  • You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
  • You understand that We reserve the right to update Terms and Conditions at any time, at Our sole discretion. You will abide with such changes once they take place. We will do our best to notify Users with such changes, e.g., via email or SMS. You can always access the updated and effective version of Terms and Condition at: birdme.co/terms. You understand that carrying on using Bird Me implies that You are aware of such changes and effectiveness thereof.

Registration

General Rules

  • Only eligible Merchants & Customers are encouraged to register for a Bird Me User account and availing of Bird Me Services.
  • You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.You agree to update us with any changes to your business, including but not limited to change of business nature, change in ownership, change in transactions volumes and changes in geographies of operations.
  • You undertake that the email you will use to register and make public as your User Account is a valid and legally effective channel of communication.
  • You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
  • You undertake and guarantee that all information and documents provided valid and accurate, and you understand that
  • We developed registration steps that must be followed where required information and supporting documents should be submitted accordingly. We reserve our right to review, check, verify the validity and accuracy of information and documents you provide within registration process. Failure to submit required information or documents or submission of invalid, false, or inaccurate information or documents may result in incomplete registration, suspension of Service, and/or termination of User account. In some incidents, we reserve our right to report fake information or documents and/or suspicious transactions to competent authorities.
  • You understand and agree that we may request additional information or documents so far as required by Law or our policy(s).

For Merchants (Monshaat/Freelancer)

  • A duly incorporated company/establishment and organized under the laws of Kingdom of Saudi Arabia is a minimum requirement to create a User account at Bird Me.
  • Merchant represents and guarantees that they are and will be in no way involved in Prohibited Business/Activities.
  • A legal entity’s User account must be created by a natural person who:
    • has completed 18 years of age, and;
    • holds a Bird Me User Delegation that is duly signed and stamped by the User’s legal entity

For Customers

  • 18-year of age is the minimum requirement to create a User account at Bird Me.

Services

  • Upon the successful registration, you may avail of Bird Me Services so far as permitted and organized by Terms & Conditions. You can always access the latest and effective version thereof at: birdme.co/terms/
  • The business name that appears on the invoices must represent the Merchant and the activities they perform.
  • You shall keep your Merchant profile and fields developed in your Account details updated at all times.
  • You understand that you are solely responsible for the nature of the transactions, whether erroneous or suspicious, all invoices you create/upload on Bird Me, and invoices paid by your customers through Bird Me.
  • If you have found any transaction suspicious, you must refrain from interacting or interfering into such suspicious transaction, report the transaction to us as soon as you have become aware thereof, assist us to investigate the suspicious transaction until a further notice from our end.
  • You understand that we have the right to assess the legitimacy of the transactions and put we find suspicious on hold so far as supporting information and/or documents we may require on a case-by-case basis provided. In case we have found that a transaction illegitimate or impermissible, we are at an absolute discretion to:
    • reverse the transaction
    • put the transaction on hold for a period to be decided on a case-by-case basis
    • report the transaction to competent authorities
  • In all cases, and regardless of the decision we have made regarding any suspicious transactions, you undertake to reimburse us for all official and operational fees we may have incurred while reversing or putting the transaction on hold. If you have failed or have been found unable to reimburse us, you agree to deduct all reimbursement from your user account balance and/or the transaction funds.
  • You agree that Bird Me may refer to you, or use you logo when presenting our credentials to the public or in private proposals.
  • You may refer to us as your payment services provider as long as your account is activated. Users with suspended or terminated accounts must refrain from using our brand in any of their public or private communications.
  • The User confirms that all products, services or activities, for which funds are received via Bird Me services, are fit for use and not against the public order or public morals in the country of operations and that the User is illegible to sell and dispose these products and services and conduct these activities, and that it has no rights to third parties, and shall pledge to deliver the products and services to the clients in a timely manner and in accordance with the specifications contained in the advertisement, and that the User shall be solely responsible for any violation in this regard, and shall also be responsible for all legal violations of any obligation made by their clients. The User acknowledges and pledges that they are liable towards Bird Me and any third parties for all operations carried out by their clients to repay their financial obligations and shall pledge to refund all the amounts paid by Bird Me because of these operations, and Bird Me has the right to suspend the account and stop providing its services to the User in the event of any suspicious or fraudulent operations.
  • The User has to inform Bird Me in any change in operations or management within a week. Such changes may include changes in the value or volume of transactions, change of business activities, change in address and communication details, change in ownership structure, or other relevant changes. Failure to inform Bird Me of these changes may result is suspension of the account and disruption of Bird Me services.
  • All transactions and payments made on Bird Me are deemed to be made with the duly valid and legal consent of involved parties.
  • We are in no way deemed an involved party to any transaction, however, our sole and exclusive role is to operate and monitor Bird Me in compliance with applicable law(s) & regulation(s), and Terms & Conditions.
  • In order to provide the safest and most transparent business environment:
    • Each payment must include a valid purpose;
    • The Purpose must fall within the business/commercial activity(s) of the Merchant as indicated in the Merchant’s official documents;
    • Funds processed against each payment must serve the corresponding given purpose;
    • Payments that lack a valid purpose will be indefinitely put on hold or reversed until a valid corresponding purpose has been given, they are completely consistent with Terms & Conditions, otherwise, we may suspend or terminate the involved account(s), and/or report the incident to the competent authorities;
    • We may require supporting information and/or documents that prove the validity of the purpose, and;
    • Upon our request, conduct and forward financial audit on the transactions that we have referred to.
  • Information and documents that may support the validity of a payment purpose include but not limited the following:
    • The valid purpose of payment(s)
    • The invoice(s)
    • The purchase order(s)
    • The statement of account
    • National IDs of involved parties
    • Commercial Registration
    • Tax Number
  • Failure to provide such supporting information and/or documents that prove the valid purpose of payment(s) may also result in the following (“Consequences”) but not limited to:
    • Putting the payment on hold
    • Suspending or terminating the account(s), and/or
    • Reporting the incident to the competent authorities
  • You understand and agree that unless supporting information and/or documents required have been provided and approved by us, no appeal or request of fund release may reverse Consequences.
  • Unless you have requested otherwise, execution of a successful payment may take up to 24 business hours as of Bird Me confirmation accordingly. Duration of execution of a payment may vary from a bank to another. If inquiries on late payment receipt arise, please contact us at: app@birdme.co
  • Once a payment has been made, the payee User should provide active bank account details. If no active bank account details have been properly and accurately provided for a period of (03) days as of the date on which payment was successfully made, we are entitled to put the payment on hold it is reversed within a period of (07) days.
  • In all cases, we reserve our right to deduct all applicable fees from the payment.
  • If you are willing to avail of any third-party payment service providers across Bird Me, you understand that although we will do our best to assist you overcome common obstacles, we bear no responsibility for such malfunction or error occurs within payment processing.

Term and termination

  • This Terms & Conditions is deemed applicable to User as of accessing Bird Me even if they have not registered and will remain effective for good unless the User account has been completely terminated as set forth.
  • You can deliberately terminate your User Account by following the steps developed on your Account Settings page in Bird Me or by rendering a written ‘Request For User Account Termination’ at: support@birdme.co
  • You understand that you are subject to all legal consequences of transactions you have been involved in whatsoever manner beyond Termination of User Account for so long as prescribed by applicable laws or regulations.

Force Majeure

  • In case of force majeure, e., events and incidents that are beyond our control and may result in Service downtime or delay, that includes but not limited to natural disasters, emergency status, pandemics, failure in the banking system, power cuts, telecommunication problems, wars, strikes, riots, terrorist attacks, failures of basic services providers, we will not be held liable for our disability to deliver Service properly.
  • In case of force majeure that comes with concerns about data protection, such as cyber-attacks, hacking, viruses, data leakage … etc., we will be entitled to suspend Service partially or entirely at our exclusive discretion in order to protect Users’ data.
  • If you have undergone an event of force majeure, you shall exert your best efforts to deliver your obligation(s) to the reasonable extent you are safe to. Furthermore, you shall notify all involved parties of:
    • all details available to you on such event of force majeure;
    • how far such event of force majeure may impact the quality and timely delivery of your obligation(s);

Records

  • You understand that in order to operate Bird Me and provide the best User experience under applicable laws and regulations, we have to track and record User’s technical online data including but not limited to the following:
    • IP & Mac addresses
    • Logins and Logouts
    • Device manufacture information
    • Cookies
  • We exert all possible efforts to protect User’s technical online data as well as ordinary data. For more information, please review our Privacy Policy

Intellectual Property

  • The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
  • The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
  • Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
  • “As a part of mutual marketing, you understand and agree with us to publish your (business brand’s) logo on our website’s Client page and social media platforms. Also, you may share a testimonial to be posted alongside your portrait and title on our website and social media platforms.

Links to Other Websites

  • Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
  • The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
  • We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

“AS IS” and “AS AVAILABLE” Disclaimer

  • The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
  • Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
  • Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

  • In case of any disputes or disagreements that arise is subject to the laws and regulations of the Kingdom of Saudi Arabia, and once you register in the application, you indicate your agreement to submit to the judicial authority in the Kingdom’s courts.

Disputes Resolution

  • If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting us.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original Arabic text shall prevail in the case of a dispute.

Contact Us

If you have any questions about these Terms and Conditions, you can contact us: app@birdme.co