Last Updated: March 22, 2024

This Bird Wallet Agreement ("Agreement") is between you and Bird Treasury Services, LLC (“Bird Treasury,” “we” or “us”).

This Agreement applies to a virtual wallet (“Wallet”) that you create with Bird Treasury and associate with your account at Blue Jay Transit Inc. (including any subsidiaries or affiliates of Blue Jay Transit Inc., other than Bird Treasury, collectively, “Bird”) to the extent you use U.S. dollars to preload your Wallet balance.  By creating or preloading your Wallet with a U.S. dollar value, or using such amount or any discretionary or “bonus” U.S. dollar value provided to you (collectively, your “Wallet Balance”), you accept and agree to these terms and conditions.  Bird Treasury, which is an affiliate of Bird, is the issuer of your Wallet and is solely liable to you with respect to your Wallet Balance. You expressly acknowledge and agree that Bird has no responsibility for, or liability with respect to, your Wallet or Wallet Balance.

This Agreement includes an arbitration provision that governs any disputes between you and us. This provision will eliminate your right to a trial by jury, and substantially affects your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings.

You agree that we may provide notices, disclosures and amendments to this Agreement, and other information relating to your Wallet or Wallet Balance by electronic means, including posting such materials online at www.birdtreasury.co.

1. Your Wallet and Wallet Balance

Your Wallet is a virtual wallet that you establish with Bird Treasury to hold Wallet Balances denominated in U.S. dollars that can be redeemed for micromobility rental services provided by Bird through its mobile application (“Bird App”) in locations in the United States where Bird offers such services (“Bird Services”).

Your Wallet Balance consists of (1) preloaded amounts denominated in U.S. dollars which constitute prepayments for Bird Services, including by Auto-Update as described below, and (2) where applicable, any discretionary or “bonus” balance denominated in U.S. dollars that is provided to you to facilitate complementary access to Bird Services.  We administer the Wallet program to make it easier for you to use the Bird Services.

To create and preload amounts to your Wallet, you must first create an account with Bird, which will give you access to Bird Services. Your Bird account is governed by Bird’s Terms of Service.  In your Bird account, you will see an option in the settings/preferences section to create a Wallet and preload (or reload) amounts to your Wallet.

We have also contracted with Bird to make available an option for you to automatically reload your Wallet Balance on a recurring basis (“Auto-Update”).  By enabling Auto-Update, you opt to automatically reload your Wallet Balance each time your Wallet Balance reaches zero or falls below another specified amount.  To use Auto-Update, you must select (or confirm): (a) the amount at which you wish to automatically reload your Wallet Balance, and/or (b) the amount you wish to reload/add (such amount, “Auto-Update Amount”).  You may cancel or disable Auto Update in the settings/preferences of your account.  In the event (a) you cancel or disable Auto-Update of your Wallet Balance, or (b) one of your automatic payments is declined, for any reason whatsoever, including without limitation, expiry of your credit card or other payment method, the Auto-Update Amount will not be added to your Wallet Balance. In such scenarios, you may be required to separately preload your Wallet Balance.

2. Use of Your Wallet Balance

Your Wallet Balance may be used to purchase Bird Services through your Bird account on the Bird App.  Redemption of your Wallet Balance for Bird Services is subject to the Bird Terms of Use as well as its Rental Agreement. Please note that Bird may change the pricing or the type of the Bird Services at any time.  However, your Wallet Balance may be used at any time to purchase Bird Services at the current prices.  Your Wallet Balance thus functions exactly like a reloadable gift card.

3. Bonus Balance

Bird Treasury may, under certain circumstances and from time to time, offer or otherwise make available a discretionary or “bonus” amount in your Wallet (“Bonus Balance”).  For example, Bird Treasury may offer a Bonus Balance if you use Auto-Update.

If you have any Bonus Balance in your Wallet, any redemption of your Wallet Balance for Bird Services will first use up your Bonus Balance.  Once your Bonus Balance has been reduced to zero, any further redemptions will be from your regular (purchased) Wallet Balance. 

As described below, your Bonus Balance is never refundable or redeemable for cash, and may expire.

4. Refund of Your Wallet Balance

Your Wallet Balance is generally non-refundable.  However, you may request a refund of an amount preloaded (or reloaded) to your Wallet within 60 days after the date such amount was loaded.  To request a refund within this period, please contact info@birdtreasury.co.  After the expiration of this 60 day-period, no portion of the amount so preloaded (or reloaded), including by Auto Update, is refundable or redeemable for cash except where required by applicable law.  All such amounts may still be redeemed for Bird Services.

Any Bonus Balance is never refundable or redeemable for cash.

5. Expiration of Your Wallet Balance

Your Wallet Balance (other than any Bonus Balance) does not expire and may be redeemed for Bird Services in accordance with the Bird Terms of Use as well as its Rental Agreement.

Any Bonus Balance may expire as determined by Bird Treasury and as communicated to you at the time the Bonus Balance is added to your Wallet.

6. Forfeiture of Your Wallet Balance

If you delete your account with Bird, your Wallet Balance (including any Bonus Balance) will be permanently forfeited.

7. Balance Errors and Corrections

We will correct the balance of your Wallet if we believe that a clerical, billing or accounting error has occurred.  If you have questions regarding your transaction history or any correction, or if you wish to dispute any transaction or correction that has been applied to your Wallet, please contact info@birdtreasury.co.

Assuming you provide sufficient information, we will review your claim and tell you what we find.  We will correct any error promptly after we finish our review.  If we do not find any error, we will explain what we found.  We have no obligation to review or correct any billing error unless you provide us sufficient notice for us to review your claim within 60 days after the date of the transaction in question.

8. Unauthorized Use of Your Wallet

Your Wallet and Wallet Balance are not transferable in whole or in part to any other person or entity. You are responsible for the security and confidentiality of your Wallet, and for any and all activities that occur in connection with your Wallet. Neither Bird Treasury nor any of its affiliates is responsible for unauthorized use of your Wallet.  Bird Treasury reserves the right to suspend or void any portion of your Wallet Balance if it reasonably believes that the preloading (or reloading) of any amounts to, or use of, your Wallet is unauthorized, fraudulent, unlawful, or otherwise in violation of this Agreement.

9. Wallet Communications

You authorize us to communicate with you through emails or SMS in connection with your Wallet, including in connection with Wallet Balance inquiries, refund requests, and questions regarding your transaction history.

10. Anti-Money Laundering Laws

To comply with applicable anti-money laundering laws, Bird Treasury may from time to time request information from you to confirm your identity before amounts are credited to, or redemptions are made from, your Wallet. Access to your Wallet may be denied until you provide the requested information and we are able to confirm your identity. 

11. Disputes and Arbitration

ANY CLAIM, DISPUTE OR CONTROVERSY ("CLAIM") ARISING OUT OF OR RELATING IN ANY WAY TO: (I) THIS AGREEMENT, (II) YOUR WALLET, (III) YOUR WALLET BALANCE, (IV) YOUR REDEMPTION OF YOUR WALLET BALANCE, OR (V) ADVERTISEMENTS, PROMOTIONS OR ORAL OR WRITTEN STATEMENTS RELATED TO YOUR WALLET, INCLUDING THE ARBITRABILITY OF ANY CLAIM, NO MATTER HOW DESCRIBED, PLEADED OR STYLED, SHALL BE FINALLY AND EXCLUSIVELY RESOLVED BY BINDING INDIVIDUAL ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS CONSUMER ARBITRATION RULES, EXCEPT THAT EITHER OF US MAY TAKE CLAIMS TO SMALL CLAIMS COURT IF THEY QUALIFY FOR A HEARING BY SUCH COURT. THIS ARBITRATION AGREEMENT IS MADE PURSUANT TO A TRANSACTION INVOLVING INTERSTATE COMMERCE, AND SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (9 U.S.C. 1-16).

FOR ALL CLAIMS, WHETHER PURSUANT IN ARBITRATION OR COURT, YOU MUST FIRST SEND A WRITTEN DESCRIPTION OF YOUR CLAIM TO OUR CUSTOMER SERVICE DEPARTMENT AT INFO@BIRDTREASURY.CO TO ALLOW US AN OPPORTUNITY TO RESOLVE THE DISPUTE.  YOU AND WE AGREE TO NEGOTIATE YOUR CLAIM IN GOOD FAITH.  YOU MAY REQUEST ARBITRATION IS YOUR CLAIM CANNOT BE RESOLVED WITHIN 60 DAYS.

ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT, EXCEPT AS EXPRESSLY PROVIDED HEREIN. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE.  FOR A COPY OF THE PROCEDURES, TO FILE A CLAIM OR FOR OTHER INFORMATION ABOUT THIS ORGANIZATION, CONTACT IT AT: AAA, 335 MADISON AVENUE, NEW YORK, NY 10017, OR AT WWW.ADR.ORG.

ANY ARBITRATION WILL BE HELD VIRTUALLY TO THE GREATEST EXTENT POSSIBLE AND OTHERWISE IN A REASONABLY CONVENIENT LOCATION MUTUALLY AGREED BY US OR OTHERWISE DETERMINED BY THE ARBITRATOR.  UPON THE FILING OF THE ARBITRATION DEMAND, WE WILL PAY ALL FILING, ADMINISTRATION AND ARBITRATOR’S FEES OTHER THAN THE INITIAL $200 FILING FEE AND, FOR CLAIMS OF LESS THAN $1,000, WE WILL REIMBURSE YOU FOR THE FILING FEE WITHIN 30 DAYS OF RECEIPT OF A WRITTEN REQUEST FROM YOU. 

ALL DETERMINATIONS AS TO THE SCOPE, INTERPRETATION, ENFORCEABILITY AND VALIDITY OF THIS AGREEMENT SHALL BE MADE EXCLUSIVELY BY THE ARBITRATOR, WHICH AWARD SHALL BE BINDING AND FINAL. JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION.

NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.

YOU AND WE AGREE THAT THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.

YOU AND WE BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIMS TO RECOVER PUNITIVE OR EXEMPLARY DAMAGES.

THE PARTIES SHALL MAINTAIN THE CONFIDENTIAL NATURE OF THE ARBITRATION PROCEEDING (INCLUDING THE HEARING) AND THE AWARD, EXCEPT AS MAY BE NECESSARY TO PREPARE FOR OR CONDUCT THE ARBITRATION HEARING ON THE MERITS, OR EXCEPT AS MAY BE NECESSARY IN CONNECTION WITH A COURT APPLICATION RELATED TO THE ARBITRATION, A JUDICIAL CHALLENGE TO AN AWARD OR ITS ENFORCEMENT, OR UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW OR JUDICIAL DECISION.

THIS ARBITRATION PROVISION SHALL SURVIVE: (I) THE TERMINATION OF THIS AGREEMENT; (II) THE BANKRUPTCY OF ANY PARTY; OR (III) ANY PURPORTED TRANSFER, SALE OR ASSIGNMENT OF YOUR WALLET, YOUR WALLET BALANCE OR ANY AMOUNT THEREOF OWED TO ANY OTHER PERSON OR ENTITY. IF ANY PORTION OF THIS ARBITRATION PROVISION IS DEEMED INVALID OR UNENFORCEABLE, THE REMAINING PORTIONS SHALL REMAIN IN FORCE.  IN ADDITION, IF IT IS DECIDED THAT APPLICABLE LAW PRECLUDES ENFORCEMENT OF ANY OF THIS ARBITRATION AGREEMENT’S LIMITATIONS AS TO A PARTICULAR CLAIM FOR RELIEF, THEN THAT CLAIM (AND ONLY THAT CLAIM) SHALL BE SEVERED FROM THE ARBITRATION AND MAY BE BROUGHT IN COURT.

12. Disclaimers and Limits of Liability

Bird Treasury and its affiliates make no representations or warranties of any kind, express or implied, with respect to your Wallet or Wallet Balance, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance. Bird Treasury does not represent or warrant that your Wallet or Wallet Balance will always be accessible or accepted.

In the event that Bird Treasury or its affiliates are found liable to you, you shall only be entitled to recover actual and direct damages and such damages shall not exceed the last balance held in your Wallet. Bird Treasury and its affiliates shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use), or any punitive or exemplary damages arising out of or in any way connected with this Agreement, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if we or our authorized representatives have been advised of the possibility of such damages. In no event shall Bird Treasury or its affiliates have any liability for unauthorized access to, alteration, or theft of all or a portion of your Wallet Balance through accident, misuse or fraudulent means or devices by you or any third party, or as a result of any delay or mistake resulting from any circumstances beyond our control.

The laws of certain states or other jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have rights in addition to those contained in this Agreement. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

13. Changes to this Agreement

We may amend this Agreement at any time. We will post the amended Agreement to our website at www.birdtreasury.co and, for a period of at least 30 days after we post the amended Agreement, we will also post a notice on our website stating that the terms of this Agreement have changed. As permitted by applicable law, any change (including any addition or deletion) will become effective at the time we post the revised Agreement to our website. Unless we state otherwise, the change will apply to your future and existing Wallet Balance. You are deemed to accept the changes if: (1) you do not notify us to the contrary in writing within 20 days after the date of our notice; or (2) you access your Wallet after the date of such notice.

14. Miscellaneous

This Agreement, and any Claim hereunder, is governed by the laws of the State of Florida.  We may assign all or part of this Agreement without notice to you. We are then released from all liability. You may not assign this Agreement without our prior written consent and any attempted assignment will be void.  If any term of this Agreement is deemed to be invalid, void or for any reason unenforceable, such term shall be deemed severable and will not affect the validity and enforceability of any remaining terms of this Agreement.  This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof, and supersedes and merges all prior proposals and all other agreements governing your Wallet or Wallet Balance.