Last Updated - July 18, 2026
OVERVIEW

This website and application are operated by Birdseye Global Inc.

SCOPE. These Terms of Service apply to the Birdseye website located at birdseyepost.com, the Birdseye application located at mail.birdseyepost.com, and all other websites, applications, subdomains, portals, and interfaces operated by Birdseye, as well as to all products, tools, data, and services provided by Birdseye, whether accessed online or delivered by Birdseye personnel (including consulting, advisory, campaign, and list-building services). References in these Terms of Service to the "website" or "site" include birdseyepost.com, mail.birdseyepost.com, and any other Birdseye property, and these Terms of Service govern your use of all of the foregoing, whether or not accessed through a website or application.

Throughout the site, the terms “Birdseye”, “we”, “us” and “our” refer to Birdseye Global Inc. Birdseye Global Inc. offers this website and application, including all information, tools and services available from the website, the application at mail.birdseyepost.com, or otherwise provided by Birdseye, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting the website or application, purchasing something from us, or otherwise engaging Birdseye to provide any Services, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the website, application, and Services, including without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website, application, or Services. BY ACCESSING OR USING ANY PART OF THE SITE, THE APPLICATION, OR ANY SERVICES, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY NOT ACCESS THE WEBSITE OR USE ANY SERVICES. BY USING THE SERVICE IN ANY WAY, YOU:

(A) REPRESENT AND WARRANT THAT (I) YOU HAVE REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION, (II) YOU HAVE THE CAPACITY TO ENTER INTO BINDING OBLIGATIONS, AND (III) ALL INFORMATION SUPPLIED BY YOU TO US THROUGH THE SERVICE IS TRUE, ACCURATE, CURRENT AND COMPLETE; AND

(B) AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF SERVICE AS UPDATED FROM TIME TO TIME. IF YOU ARE USING THE SERVICE ON BEHALF OF ANOTHER PERSON OR A CORPORATE ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THESE TERMS OF SERVICE. YOU MAY NOT ACCESS THE WEBSITE OR SERVICE FOR PURPOSES OF MONITORING AVAILABILITY, PERFORMANCE OR FUNCTIONALITY, OR FOR ANY OTHER BENCHMARKING OR COMPETITIVE PURPOSES. BIRDSEYE’S DIRECT COMPETITORS ARE PROHIBITED FROM ACCESSING THE WEBSITE AND SERVICE, EXCEPT WITH BIRDSEYE’S PRIOR WRITTEN CONSENT.

Any new features or tools which are added to the Service shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

For clarity, Birdseye does not guarantee results of any kind. All outcomes from the Services depend on factors outside of Birdseye’s control, and you are solely responsible for decisions regarding use of the Services.

NATURE OF THE SERVICES. You acknowledge and agree that Birdseye's offerings are not limited to software, website access, or self-serve tools. As used in these Terms of Service, "Service" and "Services" mean, individually and collectively, all products, software, tools, data, and services made available by Birdseye, whether accessed through the website or delivered by Birdseye personnel, including without limitation: (i) the Birdseye software platform and related tools; (ii) direct mail and marketing campaign creation, management, and execution services; (iii) consulting, advisory, strategy, and campaign-planning services, whether delivered through the website, by email, by telephone, in meetings or presentations, or otherwise; and (iv) prospecting, audience, and list-building services, including the creation, compilation, sourcing, appending, enrichment, or supply of mailing lists, recipient lists, or target audiences, whether such lists are built (A) from data or criteria you provide, (B) from Birdseye's own data or proprietary matching, or (C) from Third-Party Data through cold prospecting (each as described in Section 12). All Services, however delivered, are governed by these Terms of Service and any applicable purchase order, and all disclaimers, limitations of liability, releases, and other protections in these Terms of Service apply to every category of Service described above, whether or not delivered through the website.

SECTION 1 – USER ACCOUNT

(a) To access certain features of the Service, you may be required to successfully sign up for a user account using the available interfaces of the services, and select a username and password login credentials (the “User ID”).

(b) If you select a User ID, you will keep your User ID secure and will not grant access to or otherwise share your User ID with any other person.

(c) You must provide us with true, accurate, current and complete information for your User ID. If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Services.

(d) We reserve the right to disable any User ID issued to you at any time in our sole discretion. If we disable access to a User ID issued to you, you may be prevented from accessing the Services (or any portion thereof).

(e) Birdseye is entitled to act on instructions received through your account. Birdseye is not responsible for any actions taken or transactions made to or from your account by any other party using your User ID. You are solely responsible for any and all use of your User ID and all purchases and activities that occur under or in connection with the User ID. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as we deem necessary or reasonable, to ensure the security of the Services and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account. You agree to be responsible for any act or omission of any users that access the Services under your User ID that, if undertaken by you, would be deemed a violation of these Terms of Service.

SECTION 2 – ELECTRONIC COMMUNICATIONS

(a) When you use or view the Services or send e-mails, texts or other electronic messages to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail, by text message or by posting notices on the website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

(b) By creating an account to access the Service, you acknowledge that Birdseye will send you service-related e-mails relating to your account, including service updates. Your consent to receive communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. You may withdraw your consent to receive communications electronically by contacting us in the manner described below. If you withdraw your consent (excluding consent to receive marketing communications), from that time forward, you must stop using the Services. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic communications exchanged or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email or mailing address so that you continue to receive all communications without interruption.

(c) If you are a member of our mailing list you will also receive email communications from us regarding our products, services and initiatives (including collaborations and partnerships). If you do not wish to receive these communications, you can unsubscribe from such promotional e-mails at any time by clicking on the unsubscribe link in any of our e-mail communications. Users who unsubscribe from receiving such promotional communications may continue to receive certain transactional and/or account-related communications.



(d) You acknowledge and agree that you are solely responsible for providing Birdseye with accurate contact information, including your mobile device number and email address, where we may send communications in accordance with these Terms of Service and our Privacy Policy.

SECTION 3 – CUSTOMER DATA AND PRIVACY

(a) YOU GRANT US A NONEXCLUSIVE, WORLDWIDE, ROYALTY-FREE, IRREVOCABLE, SUBLICENSABLE, AND FULLY PAID-UP RIGHT TO ACCESS, COLLECT, USE, PROCESS, STORE, DISCLOSE AND TRANSMIT ANY DATA, INFORMATION, CONTENT, RECORDS OR FILES (“CONTENT”) THAT YOU LOAD, SUBMIT, TRANSMIT OR THAT YOU OTHERWISE PROVIDE TO BIRDSEYE IN CONNECTION WITH THE SERVICES AND/OR THESE TERMS OF SERVICE (“CUSTOMER DATA”) TO: (I) PROVIDE THE SERVICES; (II) EXERCISE ITS RIGHTS AND PERFORM ITS OBLIGATIONS UNDER THESE TERMS OF SERVICE, INCLUDING ENSURING YOU ARE COMPLYING WITH THESE TERMS OF SERVICE, ANY RESPONSIBLE USE GUIDELINES WE PROVIDE TO YOU OR ARE POSTED ON THE WEBSITE; AND (III) IMPROVE AND ENHANCE THE SERVICES AND OUR OTHER OFFERINGS AND BENCHMARK THE FOREGOING, INCLUDING BY SHARING API DATA AND FINETUNING DATA WITH THIRD PARTIES WHO MAY USE THE FINETUNING DATA AND API DATA TO PROVIDE SERVICES TO BIRDSEYE AND FOR OTHER PURPOSES PERMITTED UNDER THEIR TERMS AND CONDITIONS. FOR CLARITY AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF SERVICE, BIRDSEYE WILL NOT SHARE A CUSTOM MODEL WITH ANY THIRD PARTY BUT MAY SHARE FINETUNING DATA USED TO FINETUNE OR TRAIN A CUSTOM MODEL WITH THIRD PARTIES. THE TERM “API DATA” MEANS CUSTOMER DATA SUBMITTED BY YOU TO THE BIRDSEYE API. THE TERM “FINETUNING DATA” MEANS CUSTOMER DATA COMPRISED OF ANY TRAINING OR FINETUNING DATA SUBMITTED BY YOU TO BIRDSEYE IN CONNECTION WITH THE SERVICES. THE TERM “CUSTOM MODEL” MEANS AN AI-POWERED NEURAL NETWORK FOR NATURAL LANGUAGE PROCESSING BASED ON PARAMETERS THAT ARE TRAINED USING CUSTOMER DATA.



(b) BIRDSEYE DOES NOT REPRESENT, WARRANT, OR COVENANT THAT IT HAS REVIEWED ANY THIRD PARTY TERMS AND CONDITIONS AND IS NOT RESPONSIBLE FOR ANY API DATA OR FINETUNING DATA SHARED WITH THIRD PARTIES. BIRDSEYE DOES NOT ENDORSE ANY THIRD PARTY SERVICE AND YOU ACKNOWLEDGE THAT IF YOU CHOOSE TO SUBMIT ANY API DATA OR FINETUNING DATA TO BIRDSEYE IN CONNECTION WITH THE SERVICES, YOU DO SO ENTIRELY AT YOUR OWN RISK. YOU FURTHER ACKNOWLEDGE THAT ANY THIRD PARTY TERMS AND CONDITIONS MAY NOT HAVE THE SAME OR SIMILAR COMMITMENTS OR PROTECTIONS AS THOSE CONTAINED IN THESE TERMS OF SERVICE AND ANY FINETUNING DATA OR API DATA SHARED BY BIRDSEYE WITH THIRD PARTIES WILL BE ACCESSED, USED, AND OTHERWISE HANDLED BY SUCH THIRD PARTIES IN ACCORDANCE WITH THEIR TERMS AND CONDITIONS, WHICH MAY PERMIT SUCH THIRD PARTY TO USE FINETUNING DATA OR API DATA FOR ITS OWN PURPOSES.

(c) Please review our current Privacy Policy, which contains important information about our practices in collecting, storing, using and disclosing information about identifiable individuals (“Personal Information”) and which is hereby incorporated into and forms a part of these Terms of Service.

(d) THIRD-PARTY INTEGRATIONS AND INTEGRATION DATA. The Services may allow you to connect, link, or integrate third-party applications, platforms, accounts, or services (each, a "Third-Party Integration"), including without limitation e-commerce platforms, CRMs, point-of-sale systems, analytics tools, and advertising or marketing platforms. By connecting a Third-Party Integration, you authorize Birdseye to access, retrieve, collect, and receive any data, information, content, records, or files made available through that Third-Party Integration ("Integration Data"), and you acknowledge and agree that all Integration Data constitutes Customer Data for the purposes of these Terms of Service. WITHOUT LIMITING SECTION 3(A), YOU GRANT BIRDSEYE A NONEXCLUSIVE, WORLDWIDE, ROYALTY-FREE, PERPETUAL, IRREVOCABLE, SUBLICENSABLE, TRANSFERABLE, AND FULLY PAID-UP LICENSE TO ACCESS, COLLECT, USE, PROCESS, STORE, COPY, MODIFY, AGGREGATE, ANONYMIZE, ANALYZE, DISCLOSE, AND TRANSMIT INTEGRATION DATA FOR ANY LAWFUL BUSINESS PURPOSE, INCLUDING WITHOUT LIMITATION: PROVIDING, OPERATING, IMPROVING, AND ENHANCING THE SERVICES AND BIRDSEYE'S OTHER CURRENT AND FUTURE OFFERINGS; DEVELOPING, TRAINING, AND FINE-TUNING MODELS, ALGORITHMS, AND MATCHING PROCESSES; CREATING AND COMMERCIALIZING AGGREGATED, ANONYMIZED, OR DERIVED DATA, ANALYTICS, BENCHMARKS, AND INSIGHTS; AND LIST-BUILDING, AUDIENCE-BUILDING, AND CAMPAIGN OPTIMIZATION, IN EACH CASE IN ACCORDANCE WITH APPLICABLE LAW, OUR PRIVACY POLICY, AND ANY APPLICABLE TERMS OF THE THIRD-PARTY INTEGRATION PROVIDER. You represent and warrant that you have all rights, consents, and permissions necessary to connect each Third-Party Integration and to grant Birdseye the foregoing license, including any consents required from individuals whose Personal Information is contained in the Integration Data. You are solely responsible for your compliance with the terms of each Third-Party Integration provider, and Birdseye is not responsible for the acts, omissions, availability, security, or data practices of any Third-Party Integration. Disconnecting a Third-Party Integration stops future collection but does not affect the license granted above with respect to Integration Data already collected.

SECTION 4 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your Customer Data (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

SECTION 5 – MODIFICATIONS TO THE SERVICE, FEES AND PAYMENT

(a) Fees for the Service (or any part or content thereof) are subject to change without notice and we reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, fee/price change, suspension or discontinuance of the Service.



(b) You agree to pay to Birdseye all fees and applicable taxes set out in a signed order form and/or all fees and applicable taxes otherwise provided or communicated to you. You are responsible for paying all fees and applicable taxes associated with the Services in a timely manner with a valid payment method. If your payment method fails or your payment is past due, we may collect fees owed using other collection mechanisms, including, but not limited to, charging other payment methods on file, retaining collection agencies and legal counsel.



(c) All payments are made through a third-party payment processor (the “Payment Processor”) with the information necessary to process payment from you, including the billing information requested on the Website or through the applicable Payment Processor’s platform. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor.

(d) All fees paid to Birdseye are final and non-refundable. You acknowledge and agree that no refunds or credits will be provided under any circumstances, including, without limitation, for unused services, dissatisfaction with the Services, or failure of the Services to achieve any particular results or outcomes.

SECTION 6 – INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP

(a) All right, title and interest, including intellectual property rights, in the Services, the source code in the software we use to provide the Services (the “Software”) and all other materials provided by us hereunder, and any updates, adaptation, translation, customization or derivative works thereof, will remain the sole property of Birdseye (or our third-party suppliers, if applicable).

(b) The Service and all materials provided by us hereunder are made available or licensed and not “sold” to you.

(c) The Software and all other materials provided by us hereunder, including content we make available through or in the Services, are protected by copyright in Canada. You are prohibited from modifying, copying, reproducing, publishing, posting, transmitting, distributing, creating derivative works from, decompiling, transferring or selling any of the Services, the Software or other materials provided by us hereunder, or sharing or granting access in any of the foregoing to any third party for any purpose.

(d) Any use of third-party software provided in connection with the Service will be governed by such third parties’ licences and not by these Terms of Services.

(e) Any trademarks, graphics or logos appearing in or on the Website or any component of the Services are the exclusive property of Birdseye (or its third-party suppliers) and may not be used in any manner without our express written consent.

(f) All rights not expressly granted to you in these Terms of Service are reserved by Birdseye.

(g) OWNERSHIP OF COLD-CAMPAIGN LISTS; SCAN DATA ONLY. Where Birdseye creates, compiles, sources, or supplies a mailing list, recipient list, dataset, or target audience for a cold prospecting campaign (as described in Section 12), whether built in whole or in part from Birdseye's own data, proprietary matching, or Third-Party Data (each, a "Cold Campaign List"), you acknowledge and agree that: (i) the Cold Campaign List, including all recipient names, addresses, records, attributes, selections, and any compilation or enrichment thereof, is and remains the sole and exclusive property of Birdseye (or its third-party data suppliers, as applicable) and constitutes Birdseye's confidential and proprietary material; (ii) the Cold Campaign List is used by Birdseye solely to execute the campaign on your behalf, and you are not granted, and will not receive, any copy of, access to, export of, or license in the Cold Campaign List or any portion of the underlying dataset, whether before, during, or after the campaign, and whether or not you have paid all fees; (iii) the only campaign data you will receive is data relating to recipients who respond to or engage with the campaign, such as recipients who scan a QR code, visit a tracked landing page, call a tracked number, redeem an offer, or otherwise identify themselves through the campaign's attribution mechanisms ("Response Data"), and such Response Data is provided to you subject to these Terms of Service and applicable law; and (iv) you will not attempt to access, extract, reconstruct, reverse-engineer, or re-identify the Cold Campaign List or any portion of it, whether through the Services, from campaign materials, from Response Data, or otherwise, and any such attempt is a material breach of these Terms of Service. For clarity, this Section 6(g) does not apply to lists or records built solely from data you provide to Birdseye, which remain Customer Data.

SECTION 7 – LICENSE TO THE SERVICES

Subject to these Terms of Service, we grant you a non-exclusive, non-transferable, non-sublicensable and revocable licence to use the Services in accordance with these Terms of Service.

SECTION 8 – ADDITIONAL TERMS

(a) Your access to and use of certain functionalities provided in or through the Service may be subject to additional terms and conditions presented to you by Birdseye or its service providers. Such additional terms and conditions are incorporated herein by reference. If there is a conflict or inconsistency between the terms and conditions of such additional terms and these Terms of Service, then the provisions of these Terms of Service will govern to the extent of such conflict or inconsistency. If you do not purchase such additional functionalities or do not agree to such additional terms, you may not have access to, and you should not access or use, those functionalities.

(b) These Terms of Service relate to the Service only and do not alter in any way the terms or conditions of any purchase order that may apply to your use of the Service available thereon. For greater certainty, if there is a conflict or inconsistency between the terms and conditions of your purchase order and these Terms of Service, then the provisions of the purchase order will govern to the extent of such conflict or inconsistency.

(c) APPLICATION TO ALL ENGAGEMENTS. These Terms of Service apply to, and are deemed incorporated by reference into, every engagement, order, statement of work, proposal, quote, purchase order, pilot, trial, or other arrangement under which Birdseye provides any Services to you, however such engagement is formed — whether through the website or application, by executed order form or statement of work, by email or written exchange, by verbal agreement followed by performance, or by your acceptance of Services or deliverables. If you engage Birdseye for any Services without executing a separate written agreement, these Terms of Service constitute the complete agreement governing that engagement. Your instruction to Birdseye to commence work, your acceptance of any deliverable, or your payment of any invoice each constitutes acceptance of these Terms of Service if you have not otherwise accepted them. No terms or conditions contained in any purchase order, vendor onboarding form, procurement portal, or other document issued by you will apply to any engagement or modify these Terms of Service unless expressly agreed to in a written agreement signed by an authorized officer of Birdseye, and any such terms are hereby expressly rejected.

SECTION 9 – PROHIBITED USES AND USER RESPONSIBILITIES

(a) In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (vi) to submit false or misleading information; (vii) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (viii) to collect or track the personal information of others; (ix) to spam, phish, pharm, pretext, spider, crawl, or scrape; (x) for any obscene or immoral purpose; or (xi) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

(b) You agree to: (i) use reasonable efforts to prevent unauthorized access to or use of the Service; (ii) keep your User IDs and all other login information confidential; (iii) not register for more than one account, register for an account on behalf of an individual other than yourself without such individual’s authorization, or register for an account on behalf of any group or entity; (iv) monitor and control all activity conducted through your account in connection with the Service; (v) upload and disseminate only data to which you own all required rights under law and do so only consistent with applicable law; (vi) promptly notify us if you become aware or reasonably suspect any illegal or unauthorized activity or a security breach involving your account, including any loss, theft, or unauthorized disclosure or use of a User ID or account; (vii) not use anyone else’s User ID at any time, without the permission of the User ID holder; (viii) not attempt, in any manner, to obtain the password, account, or other security information from any other user; and (ix) comply with all applicable laws and regulations, including, but not limited to, all intellectual property, data and privacy laws. Except as authorized by applicable law, you agree not to export, re-export or transfer the Services or any part thereof to any country, person, entity or end user subject to applicable export controls or sanctions. For greater certainty, you are responsible for complying with all applicable trade restrictions, regulations and laws both foreign and domestic.

SECTION 10 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 11 – THIRD-PARTY LINKS AND TOOLS

(a) Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third- party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

(b) We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

SECTION 12 – DISCLAIMER OF WARRANTIES

(a) THE LAWS OF CERTAIN JURISDICTIONS, WHICH MAY INCLUDE QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS IN THESE TERMS OF SERVICE (INCLUDING THE FOLLOWING DISCLAIMERS) MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR CONDITION, THE SCOPE AND DURATION OF SUCH WARRANTY OR CONDITION WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

(b) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. EXCEPT FOR ANY SPECIFIC WARRANTIES OR CONDITIONS PROVIDED IN AN APPLICABLE SUBSCRIPTION AGREEMENT OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE THE SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY, DURABILITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, CURRENCY, TIMELINESS, INTEGRATION, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT, AND/OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, AND/OR THAT THE SERVICES ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THIRD PARTY COMMUNICATIONS AND ANY THIRD-PARTY MATERIALS, WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH THE SERVICES. ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD PARTY MATERIALS, WEBSITES OR CONTENT IS STRICTLY BETWEEN CUSTOMER AND THE THIRD PARTY.

(c) IN THE EVENT THAT THERE IS AN INTERRUPTION OR DISRUPTION IN ANY OF THE SERVICES OFFERED BY BIRDSEYE FOR WHATEVER REASON, EVEN IF BIRDSEYE HAS BEEN MADE AWARE OF AN ISSUE THAT COULD RESULT IN OR IS LIKELY TO RESULT IN AN INTERRUPTION OR DISRUPTION OF SERVICES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BIRDSEYE WILL NOT BE REQUIRED TO ISSUE A REFUND FOR ANY PURCHASE MADE BY YOU. AS SOON AS BIRDSEYE HAS IDENTIFIED THE CAUSE OF AN INTERRUPTION OR DISRUPTION, BIRDSEYE WILL USE REASONABLE EFFORTS TO RETURN SERVICE AS SOON AS REASONABLY POSSIBLE.

(d) You acknowledge and agree that Birdseye does not guarantee, warrant, or represent that any marketing campaigns, strategies, reports, recommendations, or other services will achieve specific results or outcomes of any kind. This includes, without limitation, performance metrics, revenues, sales, customer acquisition, engagement, lead generation, search rankings, or return on investment. Birdseye’s role is strictly limited to executing marketing campaigns and providing tools and recommendations as directed by you. The success or failure of any campaign depends on numerous external factors outside of Birdseye’s control, including but not limited to market conditions, consumer behavior, competition, and your own business practices. Any references to potential, projected, or historical results are provided solely for illustrative purposes and do not constitute a promise, warranty, or guarantee of future performance.

(e) PROSPECTING, LIST BUILDING AND THIRD-PARTY DATA. Certain Services may include prospecting, audience building, list building, list sourcing, list appending, list enrichment, or the creation, compilation or supply of mailing lists, recipient lists or target audiences (collectively, "List Services"). You acknowledge and agree that in providing List Services, Birdseye may rely on, license, purchase, aggregate or otherwise obtain data from independent third-party data vendors, brokers, aggregators, publishers and other external sources over which Birdseye has no control ("Third-Party Data"). ALL THIRD-PARTY DATA AND ALL LISTS, AUDIENCES AND RECIPIENT RECORDS PRODUCED BY OR THROUGH THE LIST SERVICES ARE PROVIDED ON A STRICTLY "AS IS" AND "AS AVAILABLE" BASIS AND ARE DIRECTIONAL AND ESTIMATED ONLY. Birdseye does not, and cannot, independently verify, validate, confirm or warrant the accuracy, completeness, currency, deliverability, legality, provenance, consent status, or fitness of any Third-Party Data or any list, audience or record. Any demographic, firmographic, geographic, behavioural, interest-based, household, or other selection criteria you provide are used by Birdseye on a reasonable-efforts, best-match basis only; matching to such criteria is inherently probabilistic and inexact, and Birdseye has no reliable or certain means of validating that any given recipient in fact meets your criteria. You acknowledge that a mailing list is a point-in-time approximation and that individuals move, records become stale, and Third-Party Data contains errors, omissions and misclassifications outside of Birdseye's control. The foregoing applies to List Services regardless of the source of the underlying data, including where a list, audience or record is built or compiled (i) from data or criteria you provide to Birdseye, (ii) from Birdseye's own data or proprietary matching processes, or (iii) from Third-Party Data. Where a list is built in whole or in part from data or criteria you provide, you are solely responsible for the accuracy, completeness, legality and suitability of that data and those criteria, and Birdseye's output can be no more accurate than the inputs you supply. Where a list is built using Birdseye's own data or proprietary matching, such data and matching are likewise provided on a directional, best-match, "as is" basis without any warranty of accuracy, match quality, or fitness for your purpose.

(f) NO GUARANTEE OF EFFICACY; COLD PROSPECTING. "Cold prospecting" refers to marketing outreach directed at prospective recipients with whom you have no existing relationship, prior contact, or opt-in — that is, people who have not previously purchased from, contacted, or otherwise engaged with you, and who are identified or selected on the basis of criteria or Third-Party Data rather than your own customer records. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT BIRDSEYE MAKES NO GUARANTEE, WARRANTY, REPRESENTATION OR COVENANT OF ANY KIND AS TO THE EFFICACY, RESPONSE RATE, CONVERSION RATE, DELIVERABILITY, MATCH RATE, ACCURACY, OR PERFORMANCE OF ANY COLD PROSPECTING CAMPAIGN OR ANY CAMPAIGN THAT RELIES IN WHOLE OR IN PART ON LIST SERVICES OR THIRD-PARTY DATA, AND THAT BIRDSEYE SHALL HAVE ZERO LIABILITY WHATSOEVER IN CONNECTION WITH THE FOREGOING. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME ALL RISK ARISING FROM OR RELATING TO THE USE OF LIST SERVICES, THIRD-PARTY DATA, AND COLD PROSPECTING, AND YOU HEREBY RELEASE THE BIRDSEYE PARTIES FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES OR LIABILITIES ARISING FROM OR RELATING TO CAMPAIGN PERFORMANCE, THE COMPOSITION OR QUALITY OF ANY LIST, OR THE ACCURACY OR SUITABILITY OF ANY THIRD-PARTY DATA. You are solely responsible for ensuring that your use of any list, audience or recipient record, and your marketing outreach generally, complies with all applicable laws, including anti-spam, marketing, telemarketing, privacy and data-protection laws.

(g) WITHOUT LIMITING THE FOREGOING, BIRDSEYE DOES NOT WARRANT OR GUARANTEE THAT ANY RECOMMENDATIONS, INSIGHTS, OR OUTPUTS PROVIDED THROUGH THE SERVICES WILL RESULT IN ANY INCREASE IN REVENUE, SALES, CONVERSIONS, CUSTOMER ACQUISITION, ENGAGEMENT, RETENTION, OR ANY OTHER BUSINESS METRIC. THIS APPLIES EQUALLY TO ANY RECOMMENDATIONS, INSIGHTS, ADVICE, STRATEGIES, OR OUTPUTS PROVIDED BY ANY OFFICER, DIRECTOR, EMPLOYEE, CONTRACTOR, AGENT OR REPRESENTATIVE OF BIRDSEYE GLOBAL INC., WHETHER PROVIDED THROUGH THE SERVICES OR OTHERWISE (INCLUDING VERBALLY, BY EMAIL, OR IN ANY MEETING, PRESENTATION OR CONSULTATION), AND WHETHER OR NOT SUCH RECOMMENDATIONS, INSIGHTS OR OUTPUTS WERE RELIED UPON BY YOU. ALL SUCH RECOMMENDATIONS, INSIGHTS AND OUTPUTS ARE PROVIDED FOR YOUR CONSIDERATION ONLY, AND ALL DECISIONS AND ACTIONS TAKEN IN RELIANCE ON THEM ARE MADE AT YOUR SOLE DISCRETION AND RISK.

(h) NO RELIANCE. You acknowledge and agree that you have not entered into these Terms of Service or purchased or used any Services in reliance on, and you expressly disclaim any reliance on, any statement, projection, estimate, forecast, benchmark, sample or historical response rate, conversion rate, match rate, case study, testimonial, pitch or sales material, or any other representation regarding results or performance, whether made by Birdseye, any Birdseye Party, or any officer, director, employee, contractor, agent or representative of Birdseye Global Inc., and whether made verbally, in writing, in any meeting, presentation, proposal or marketing material, or otherwise. Any such statements are illustrative and forward-looking only, are not warranties or guarantees, do not form part of these Terms of Service or any purchase order, and are not to be relied upon. You represent that you have made your own independent evaluation of the Services and their suitability for your purposes.

(i) CONSULTING AND ADVISORY SERVICES. To the extent Birdseye provides consulting, advisory, strategy, campaign-planning, or similar services (whether delivered through the website, by email, by telephone, in meetings or presentations, or otherwise), you acknowledge and agree that: (i) all such services are collaborative and advisory in nature and are provided to assist and inform your own decision-making; (ii) Birdseye does not act as, and these Terms of Service do not create, any fiduciary, agency, partnership, joint venture, or professional advisory relationship (including any legal, accounting, tax, or investment advisory relationship); (iii) you retain sole authority and responsibility for all decisions regarding your marketing, campaigns, offers, budgets, and business, and for evaluating and implementing (or declining to implement) any recommendation; and (iv) any recommendation, strategy, insight, or advice is provided on a reasonable-efforts basis for your consideration only, without any warranty or guarantee of accuracy, suitability, or results, and is subject to the same disclaimers, limitations of liability, and releases that apply to all other Services under these Terms of Service.

(j) ILLUSTRATIVE AND SAMPLE DATA. In the course of providing consulting, advisory, or List Services, or in any proposal, pitch, presentation, or discussion, Birdseye may share with you sample data, sample records, sample lists, example audiences, estimated counts, projected reach or volume figures, illustrative match rates, or similar materials (collectively, "Sample Data"). YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ALL SAMPLE DATA IS PROVIDED FOR ILLUSTRATIVE AND INFORMATIONAL PURPOSES ONLY, IS DIRECTIONAL AND ESTIMATED, AND DOES NOT CONSTITUTE A WARRANTY, GUARANTEE, REPRESENTATION, OR COMMITMENT OF ANY KIND AS TO THE ACTUAL DATA, RECORDS, LISTS, COUNTS, REACH, MATCH RATES, OR RESULTS YOU WILL RECEIVE OR ACHIEVE. Sample Data is not a promise of the composition, size, quality, accuracy, or availability of any final list, audience, or deliverable, and actual results may differ materially. You further acknowledge that, for cold prospecting and any List Services relying on Third-Party Data, the underlying data is sourced from independent third parties who do not warrant or guarantee that data to Birdseye, and Birdseye in turn makes no warranty or guarantee of it to you; all such data is directional only. You agree not to rely on any Sample Data as a basis for, or as a term of, your engagement with Birdseye, and no Sample Data forms part of these Terms of Service or any purchase order.

SECTION 13 – LIMITATION OF LIABILITY

(a) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR PARENTS, SUBSIDIARIES OR AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, LICENSEES AND SERVICE PROVIDERS AND ITS AND THEIR SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “BIRDSEYE PARTIES”), BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES (COLLECTIVELY, “LOSSES”), IN EACH CASE, WHETHER OR NOT WE WERE ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE SERVICES OR THE INABILITY TO MAKE USE OF THE SERVICES, OR THESE TERMS OF SERVICE[, INCLUDING, FOR CLARITY, ANY LOSSES RESULTING FROM THE ACCESS, COLLECTION, USE, PROCESSING, STORING, DISCLOSING OR TRANSMITTING OF API DATA OR FINETUNING DATA BY THIRD PARTIES.] IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

(b) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY IN CONNECTION WITH OR UNDER THESE TERMS OF SERVICE, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE SERVICES, EXCEED $100 CAD. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF SERVICE WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT.

(c) Without limiting the foregoing, under no circumstances will any of the Birdseye Parties be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our or their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, pandemics, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.

(d) Without limiting the foregoing, you expressly acknowledge and agree that Birdseye will not be liable for the failure of any marketing campaign, communication, strategy, or initiative to achieve desired or expected results. This includes, without limitation, outcomes relating to sales, revenue, profits, customer acquisition or retention, engagement, lead generation, search rankings, or return on investment. All decisions regarding the use of Birdseye’s Services remain solely your responsibility, and you assume all risks associated with such use. Birdseye will not be responsible for, and you hereby release Birdseye from, any claim, loss, or liability arising from the failure of the Services to achieve your intended business goals.

(e) Without limiting the foregoing, and notwithstanding anything to the contrary in these Terms of Service, you acknowledge and agree that the Birdseye Parties shall have no liability whatsoever, and are fully released by you, in connection with any List Services, Third-Party Data, or cold prospecting (each as described in Section 12), including without limitation any liability relating to the accuracy, completeness, currency, deliverability, legality, consent status, or match quality of any list, audience, record or Third-Party Data, or to the response, conversion, or performance of any campaign relying in whole or in part on the foregoing.

SECTION 14 – INDEMNIFICATION

You will defend, indemnify and hold harmless the Birdseye Parties from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including reasonable legal and accounting fees, arising out of or in connection with:

(a) your use (or the use by any third party using your User ID) of the Services (except to the extent prohibited by law)

(b) your breach of any provision of these Terms of Service or any documents referenced herein;

(c) your violation of any law or the rights of a third party (including intellectual property rights);

(d) your Customer Data; or

(e) any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar harmful or deleterious programming routines input by you in connection with your use of the Services. Birdseye reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defences. You agree that the provisions in this section will survive any termination of your account, the Terms of Service or your access to the Services.

‍SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 15A – CUSTOMER RESPONSIBILITIES AND REPRESENTATIONS

(a) You acknowledge and agree that the results of any marketing campaign, communication, or initiative depend substantially on factors within your control or outside of Birdseye's control, and that you are solely responsible for those factors. These include, without limitation: the accuracy, completeness and appropriateness of any targeting criteria, audience parameters, or data you provide or select; your product, service, pricing, offer, and value proposition; the content, creative, design, messaging and call-to-action of any campaign; your product-market fit and competitive position; your operational ability to receive, respond to, and fulfill demand generated by a campaign; market conditions and consumer behaviour; and all business decisions you make in connection with the Services.

(b) You represent, warrant and covenant that: (i) all data, materials, criteria and instructions you provide to Birdseye are accurate and that you have all necessary rights and consents to provide them and to have them used for the campaign; (ii) your use of the Services, of any list, audience or recipient record, and of any campaign, complies and will comply with all applicable laws, including Canada's Anti-Spam Legislation (CASL), and, where applicable, the U.S. CAN-SPAM Act and other anti-spam, marketing, telemarketing, consumer-protection, privacy and data-protection laws; and (iii) you have obtained all consents and provided all notices required for the collection, use and disclosure of any personal information involved in a campaign.

(c) You acknowledge that Birdseye's role is limited to providing the Services, tools, data and recommendations as directed by you, and that Birdseye does not control, and is not responsible for, the factors described in Section 15A(a). A failure of any campaign to achieve any particular result, response, conversion, or return does not constitute a breach of these Terms of Service by Birdseye, a defect in the Services, or a basis for any claim, refund, credit, set-off or withholding of fees.

SECTION 16 – TERM AND TERMINATION

(a) These Terms of Service will commence on the day you first use the Service and will continue for as long as you use the Service or until terminated in accordance with the provisions of these Terms of Service. At any time, Birdseye may (i) suspend or terminate your rights to access or use the Service or (ii) terminate these Terms of Service, in Birdseye’s sole discretion, for any reason, including if Birdseye in good faith believes that you have used the Service in violation of these Terms of Service or any other responsible use guidelines we provide to you or are posted on the Website, or have engaged in fraudulent activity. You may terminate these Terms of Service at any time and with immediate effect by requesting by email that your User ID be deleted and ceasing use of the Service. For greater certainty, your termination of these Terms of Service will not automatically terminate an active purchase order and if you continue to use any portion of the Service after these Terms of Service have been purportedly terminated by you as described above, including any use pursuant to an active purchase order, these Terms of Service will continue to apply to the extent of such use. In the event of termination, you are no longer authorized to access the benefits of the Service.

(b) The following sections, together with any other provision of these Terms of Service which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of these Terms of Service, will survive expiration or termination of these Terms of Service for any reason:

SECTION 3 – Customer Data and Privacy;

SECTION 5 – Modifications to the Service, Fees and Payment (with respect to any fees accrued or payable prior to termination);

SECTION 6 – Intellectual Property Rights and Ownership;

SECTION 8 – Additional Terms;

SECTION 9 – Prohibited Uses and User Responsibilities;

SECTION 11 – Third-Party Links and Tools;

SECTION 12 – Disclaimer of Warranties;

SECTION 13 – Limitation of Liability;

SECTION 14 – Indemnification;

SECTION 15 – Severability;

SECTION 15A – Customer Responsibilities and Representations;

SECTION 16 – Term and Termination (this Section 16(b)); and

SECTION 17 – General Provisions.

SECTION 17 – GENERAL PROVISIONS

(a) Except as restricted by applicable law, these Terms of Service will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein (without giving effect to any principles of conflicts of law), and such laws apply to your access to or use of the Service notwithstanding your physical location. You will only use the Service in jurisdictions where the Service may lawfully be used. Except as restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of courts in Toronto, Ontario in all disputes arising out of or relating to the use of the Service. This choice of jurisdiction does not prevent us from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.

(b) These Terms of Service, any applicable purchase order entered into by the parties that reference these Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). For greater certainty, no case study, testimonial, sample metric, benchmark, projection, pitch deck, sales or marketing material, website content, or pre-contract statement (whether oral or written) is incorporated into, forms part of, or constitutes a warranty, representation or term of, these Terms of Service or any purchase order, and no such material may be relied upon as a promise or guarantee of any result or performance.

(c) The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. A waiver of any provision of these Terms of Service must be in writing and a waiver in one instance will not preclude enforcement of such provision on other occasions.

(d) If any of the provisions contained in these Terms of Service are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such provision will be severed from these Terms of Service and all other provisions of these Terms of Service will remain in full force and effect.

(e) You will not assign these Terms of Service to any third party without our prior written consent. We may assign these Terms of Service or any rights under these Terms of Service to any third party without your consent. Any attempted assignment, subcontract, delegation, or transfer in violation of this Section will be null and void. The terms of these Terms of Service will be binding upon permitted assignees. These Terms of Service will inure to the benefit of and be binding upon the parties, their permitted successors and permitted assignees.

(f) If you believe that Birdseye has not adhered to these Terms of Service, please contact Birdseye using the contact information listed below. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.

(g) TIME LIMIT ON CLAIMS. To the fullest extent permitted by applicable law, any claim, action or proceeding by you arising out of or relating to these Terms of Service, the Services, or any campaign, list or output, must be commenced within twelve (12) months after the date on which the event, act or omission giving rise to the claim first occurred, regardless of when you became aware or ought to have become aware of it. Any such claim, action or proceeding not commenced within that period is permanently and irrevocably barred and waived. The parties agree that this Section varies any applicable statutory limitation period to the extent such variation is permitted by law.

(h) NOTICE AND OPPORTUNITY TO CURE. Before commencing any claim, action, or proceeding against Birdseye, you must first provide Birdseye with written notice describing the alleged breach or issue in reasonable detail, sent to the contact information in Section 18, and allow Birdseye thirty (30) days from receipt of such notice to investigate and, where applicable, cure the alleged breach or resolve the issue. Compliance with this Section is a condition precedent to commencing any claim, action, or proceeding, and any claim commenced without such notice and cure period shall be stayed or dismissed pending compliance. The limitation period in Section 17(g) is not extended by this Section.

(i) ASSUMPTION OF RISK. You acknowledge that marketing, advertising, direct mail, prospecting, and related activities are inherently uncertain and speculative, that outcomes depend on numerous factors outside of Birdseye's control, and that you may spend money on the Services without achieving any particular result or any positive return. YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH THE USE OF THE SERVICES, INCLUDING THE RISK THAT ANY CAMPAIGN, LIST, RECOMMENDATION, OR STRATEGY WILL NOT PERFORM AS HOPED OR AT ALL, AND YOU AGREE THAT SUCH RISKS ARE REFLECTED IN THE FEES CHARGED FOR THE SERVICES AND IN THE ALLOCATION OF LIABILITY UNDER THESE TERMS OF SERVICE.

SECTION 18 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@birdseyepost.com