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GBFS Data License Agreement
Bird Rides, Inc. (“Bird”) makes system data owned by Bird conforming to the General Bikeshare Feed Specification (GBFS) (“Data”) available to the public, subject to the terms and conditions of this GBFS Data License Agreement (“Agreement”). By accessing or using any of the Data, you agree to all of the terms and conditions of this Agreement.
- License. Bird hereby grants to you a limited, non-exclusive, royalty-free license to access, reproduce, and distribute in your product or service and use the Data to provide real-time (or semi real-time) information about Bird vehicles (“License”), subject to the terms of this Agreement. Display of Data shall be identified as belonging to Bird.
- Prohibited Conduct. The License does not authorize you to do, and you will not do or assist others in doing, any of the following:a. Use the Data in any unlawful manner or for any unlawful purpose;b. Cache, store, retain, display or analyze Data more than 15 minutes older than the most recently available Datac. Reverse engineer any Bird business practicesd. Except as provided in this sub-clause, host, stream, publish, distribute, sublicense, or sell the Data as a stand-alone or aggregated dataset; provided, however, you may include the Data as source material, as applicable, in analyses, reports, or studies published or distributed for non-commercial purposes; provided, further, however, that you may publish or distribute the Data to show where Bird’s vehicles are available in your application or product;e. Access the Data by means other than the interface Bird provides or authorizes for that purpose;f. Circumvent any access restrictions relating to the Data (including rate limits);g. Use data mining or other extraction methods in connection with Bird’s website or the Data;h. Attempt to correlate the Data with names, addresses, or other information of customers of Bird; andi. State or imply that you are affiliated, approved, endorsed, or sponsored by Bird.j. Use or authorize others to use, without the written permission of Bird, the trademarks or trade names of Bird. These marks include, but are not limited to the Bird name and logo, usage of which is subject to Bird’s brand usage guidelines.
- No Warranty. THE DATA IS PROVIDED “AS IS,” AS AVAILABLE (AT BIRD’S SOLE DISCRETION) AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PROVIDED BY LAW BIRD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BIRD FURTHER DISCLAIMS ANY WARRANTY THAT THE DATA WILL MEET YOUR NEEDS OR WILL BE OR CONTINUE TO BE AVAILABLE, COMPLETE, ACCURATE, TIMELY, SECURE, OR ERROR FREE.
- Limitation of Liability and Covenant Not to Sue. Bird, its affiliates and sponsors, and their respective directors, officers, employees, or agents will not be liable to you or anyone else for any loss or damage, including any direct, indirect, incidental, and consequential damages, whether foreseeable or not, based on any theory of liability, resulting in whole or in part from your access to or use of the Data. You will not bring any claim for damages against any of those persons or entities in any court or otherwise arising out of or relating to this Agreement, the Data, or your use of the Data. In any event, if you were to bring and prevail on such a claim, your maximum recovery is limited to $100 in the aggregate even if you or they had been advised of the possibility of liability exceeding that amount.
- Ownership and Provision of Data. Bird owns all right, title, and interest in the Data. Bird may modify or cease providing any or all of the Data at any time, without notice, in its sole discretion.
- No Waiver. Nothing in this Agreement is or implies a waiver of any rights Bird has in the Data or in any copyrights, patents, or trademarks owned or licensed by Bird, its affiliates or sponsors.
- Termination of Agreement. Bird may terminate this Agreement at any time and for any reason in its sole discretion. Termination will be effective upon Bird’s transmission of written notice to you at the email address you provided to Bird in connection with this or by Bird’s announcement on its website that it is revoking all licenses. Sections 2–6 and 9 will survive termination.
- Contact. Questions relating to this Agreement, including requests for permission to use trademarks and trade names, should be sent to email@example.com.
- Applicable Law and Forum. This Agreement is governed by the laws of the State of California, without regard to conflicts of law principles. Any dispute arising under or relating to this Agreement will be brought only in a court of competent jurisdiction sitting in Los Angeles County, California.
- Entire Agreement. This Agreement is the complete and exclusive agreement and understanding between Bird and you with respect to its subject matter and supersedes all prior or contemporaneous oral or written agreements or understandings relating to the subject matter.