Effective Date: August 25, 2025

Welcome to Bebird ("Bebird," "we," "us," or "our"). These Terms of Service (the "Terms") govern your access to and use of our websites (including bebird.com and any country-specific subdomains), mobile or desktop applications, firmware, devices, widgets, and other online services that link to these Terms (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

Table of Contents

1. Acceptance and Updates
2. Accounts & Security
3. License and Restrictions
4. Orders, Pricing, Payment & Taxes
5. Shipping, Delivery & Risk of Loss
6. Returns, Replacements & Refunds
7. Limited Warranty (Hardware)
8. Product Safety & Medical Disclaimer
9. Software, App, and Firmware License
10. User Content (Reviews, Photos, Feedback)
11. Intellectual Property
12. Third-Party Services, Links & Payments
13. Communications & Consent
14. Export, Sanctions & Compliance
15. Disclaimers
16. Limitation of Liability
17. Indemnification
18. Termination
19. Miscellaneous

1. Acceptance and Updates

1.1 Acceptance of terms and conditions. By accessing our Services, you confirm that you have read, understood, and accepted these Terms.
1.2 Age & Capacity. You represent that you are at least 18 years old (or the age of majority in your jurisdiction) or are using the Services under the supervision of a parent or legal guardian who accepts these Terms.
1.3 Updates to These Terms. We may update these Terms from time to time. We will post the updated Terms and update the "Effective Date" above. Changes take effect when posted unless a later date is stated. Your continued use of the Services after changes are posted constitutes acceptance.
1.4 Other Policies. Our Privacy Policy, Refund Policy, Warranty Policy, and any regional or product-specific terms referenced on the Site are incorporated by reference. If these Terms conflict with region-specific consumer rights mandated by law, the mandatory law controls.
1.5 Site & Service Modifications. We reserve the right to modify, move, remove, or add content, features, or portions of the Site or Services at any time without notice.

2. Accounts & Security

2.1 Registration. Some features require an account. You agree to provide accurate, current, and complete information—including but not limited to registration details, checkout information, and any submissions on the Site—and to keep it updated so that it corresponds to reality.
2.2 Credentials. You are responsible for all activities under your account. Keep your password confidential. Notify us immediately of any unauthorized use.
2.3 Account Closure. You may request account deletion at any time (subject to legal and operational retention obligations). We may suspend or terminate your account if you violate these Terms or if we detect fraud, abuse, or security risks.

3. License and Restrictions

3.1 License. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial purposes, including browsing products, placing orders, registering devices, receiving firmware updates, and posting reviews.
3.2 Prohibited Activities. You agree not to:
1) Copy, modify, translate, create derivative works of, or publicly display any part of the Services except as expressly permitted;
2) Reverse engineer, decompile, or attempt to extract source code from software or firmware except to the extent allowed by applicable law;
3) Circumvent security features or access the Services using bots, scrapers, or similar tools without our prior written consent;
4) Upload malware, viruses, or other harmful code;
5) Infringe any intellectual property or other rights of Bebird or third parties;
6) Use the Services for unlawful, harmful, deceptive, or fraudulent purposes;
7) Misrepresent your identity or affiliation, or interfere with other users’ use of the Services.
3.3 Resale. Purchases are for end users only and not for resale, unless you have a separate written reseller agreement with Bebird.

4. Orders, Pricing, Payment & Taxes

4.1 Offer & Acceptance. Your order is an offer to buy; we may accept or reject any order at our discretion. We may limit quantities or cancel orders if fraud or abuse is suspected, if a product is mispriced, out of stock, withdrawn, or if we cannot verify payment.
4.2 Pricing & Errors. Prices, discounts, and promotions are subject to change without notice. We reserve the right to correct pricing errors. If the correct price is higher than the price displayed, we may contact you for instructions or cancel your order and notify you.
4.3 Payment Authorization. By providing a payment method, you represent that you are authorized to use it and authorize us (and our payment processors) to charge the full order amount, including applicable taxes, shipping, and fees.
4.4 Taxes & Duties. You are responsible for all applicable sales, value-added, customs, import duties, and other taxes, unless we explicitly state that prices include such amounts. International shipments may incur customs clearance fees that are your responsibility.
4.5 Promotions & Coupons. Promotional codes, coupons, and referral credits are subject to additional terms and may not be combined or redeemed for cash. We may modify or revoke promotions at any time.
4.6 Preorders & Backorders. Estimated ship dates are not guarantees and may change. You authorize us to process payment at the time of order or shipment (as stated at checkout). You may cancel a preorder before shipment for a full refund unless otherwise stated.

5. Shipping, Delivery & Risk of Loss

5.1 Shipping. We ship to the address you provide at checkout. Shipping options, carriers, and costs are shown at checkout. We may ship items in multiple packages.
5.2 Risk of Loss; Title. Title and risk of loss transfer to you upon delivery to the address you provided (or to the carrier where permitted by law and stated at checkout). Inspect packages upon receipt and report damage or missing items promptly.
5.3 Delivery Issues. If a package is refused, unclaimed, or undeliverable due to an incorrect address or failure to receive, we may deduct return shipping and handling costs from any refund.

6. Returns, Replacements & Refunds

6.1 Policy Reference. Returns and refunds are governed by our Refund Policy posted on the Site. To the extent permitted by law, we may require proof of purchase, original packaging, and an RMA (return merchandise authorization).
6.2 Eligibility. Returned items must be in the condition specified in the Refund Policy (e.g., unused or gently used, with all accessories). Certain items (e.g., hygiene-sensitive accessories) may be non-returnable once opened, subject to applicable law.
6.3 Process. Contact Customer Service for instructions. You are responsible for return shipping unless required otherwise by law or the Refund Policy. We may refuse returns that do not comply with the Policy.
6.4 Refunds. Approved refunds are issued to the original payment method. Processing times vary by payment provider. Shipping fees and taxes may be non-refundable except as required by law.

7. Limited Warranty (Hardware)

7.1 Coverage. Bebird provides a limited hardware warranty for devices purchased from Bebird or authorized resellers, as detailed in our Warranty Policy. The warranty covers defects in materials and workmanship under normal use within the warranty period stated in that Policy.
7.2 Exclusions. The warranty does not cover damage due to misuse, accidents, modification, unauthorized repairs, normal wear and tear, improper storage, or use not in accordance with user guides.
7.3 Remedies. At our option, we will repair, replace, or refund the purchase price of a defective product. Replacement products may be new or refurbished and are warranted for the longer of (i) the remainder of the original warranty period or (ii) 90 days.
7.4 How to Obtain Service. Contact support with proof of purchase, serial number, and a description of the issue. We may require you to return the product.
7.5 Disclaimer. Except as expressly stated, the warranty is the exclusive remedy and is provided in lieu of all other warranties to the fullest extent permitted by law.

8. Product Safety & Medical Disclaimer

8.1 Safety First. Always read and follow the user guide and safety instructions before using any Bebird device.
8.2 Appropriate Use. Do not use the device if you have ear pain, discharge, bleeding, ringing, dizziness, a perforated eardrum, ear tubes, infection, recent surgery, or any condition for which a clinician has advised against ear instrumentation. Stop use immediately if discomfort occurs.
8.3 Children. Devices are not toys. Keep out of reach of children. Use on minors only with close adult supervision and according to the user guide. Do not allow unsupervised use.
8.4 No Medical Advice. The Services (including videos, images, tips, and app views of the ear canal) are for general informational purposes and home-care convenience only and do not constitute medical advice. They are not a substitute for professional diagnosis or treatment. If you have questions about your ear health, consult a qualified healthcare professional.
8.5 Regulatory Status. Unless specifically labeled and cleared/authorized by a regulator in your region, Bebird products are consumer devices and are not intended to diagnose, treat, cure, or prevent any disease.

9. Software, App, and Firmware License

9.1 License. Subject to these Terms, Bebird grants you a personal, limited, non-exclusive, non-transferable, revocable license to install and use our software, apps, and firmware on devices you own or control solely for use with Bebird products.
9.2 Restrictions. You may not copy, lease, sublicense, reverse engineer, or circumvent technical protections except as permitted by applicable law.
9.3 Updates. We may provide automatic updates or upgrades (including security patches and feature changes). Some features may not function without the latest software or firmware.
9.4 Open Source. Certain components may be offered under open-source licenses. Where open-source licenses conflict with these Terms, the open-source licenses control solely for those components.
9.5 Beta Features. From time to time, we may offer beta or experimental features. These are provided “as is,” may be modified or withdrawn at any time, and may have additional terms.

10. User Content (Reviews, Photos, Feedback)

10.1 Your Content. You may submit reviews, photos, videos, questions, and feedback ("User Content"). You represent that you own or have the necessary rights to your User Content.
10.2 License to Bebird. You grant Bebird a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, modify, publish, translate, create derivative works of, distribute, and display your User Content in connection with operating, promoting, and improving the Services and our products.
10.3 Standards. User Content must be accurate, lawful, and not misleading. It must not contain personal data of others without consent, nor infringe third-party rights, contain malware, or constitute hate speech, harassment, or illegal material. We may remove or refuse User Content that violates these standards.
10.4 Feedback. We may use feedback or suggestions without restriction or compensation.

11. Intellectual Property

11.1 Ownership. The Services and all content (including text, graphics, images, videos, logos, trademarks, and software) are owned by Bebird or our licensors and are protected by intellectual property and other laws.
11.2 Trademarks. "Bebird" and associated logos are trademarks of Bebird. You may not use our trademarks without prior written permission.
11.3 Infringement Claims (DMCA/Similar). If you believe content on the Services infringes your copyright or other IP rights, contact us with:
1) your contact information;
2) identification of the work/rights;
3) the allegedly infringing content and its location;
4) your statement under penalty of perjury that you have a good-faith belief the use is not authorized;
5) your signature. 
We may remove or disable access to challenged content and, where appropriate, terminate repeat infringers’ accounts.

12. Third-Party Services, Links & Payments

12.1 Third-Party Services. The Services may link to or interoperate with third-party websites, apps, payment gateways, carriers, app stores, or analytics. We are not responsible for third-party services or their terms and policies.
12.2 App Stores. If you downloaded our app from an app store, the app store provider is not responsible for support or warranty obligations and is a third-party beneficiary of these Terms.
12.3 Payment Processors. Payments may be processed by third parties (e.g., Shopify Payments, PayPal). Your payment information is handled under their terms and privacy policies.

13. Communications & Consent

13.1 Operational Emails. We may send you transactional emails (order confirmations, shipping updates, account notices). These are necessary to provide the Services.
13.2 Marketing. With your consent (where required by law), we may send marketing messages. You can opt out via the unsubscribe link or your account settings. Opting out will not affect operational emails.

14. Export, Sanctions & Compliance

14.1 Export Controls. You agree to comply with all applicable export, re-export, and sanctions laws and regulations. You may not use or export the Services where prohibited by law.
14.2 Restricted Parties. You represent that you are not located in, under the control of, or a national/resident of any country or on any list subject to comprehensive sanctions.

15. Disclaimers

15.1 General. To the fullest extent permitted by law, the Services and all products are provided "AS IS" and "AS AVAILABLE," without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of certain warranties—if so, these exclusions may not apply to you to the extent prohibited by law.
15.2 Service Availability. We do not guarantee that the Services will be uninterrupted, timely, secure, or error-free, or that defects will be corrected.

16. Limitation of Liability

16.1 Limitation. To the maximum extent permitted by law, Bebird will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, data, goodwill, or other intangible losses.
16.2 Cap. To the extent permitted by law, our total liability for any claim arising out of or relating to the Services or products will not exceed the amount you paid for the product or the Services giving rise to the claim during the 12 months preceding the event.
16.3 Consumer Rights. Nothing in these Terms affects non-waivable consumer rights under applicable law.

17. Indemnification

You agree to indemnify, defend, and hold harmless Bebird and our officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or connected with your: 
1) use of the Services or products;
2) violation of these Terms;
3) User Content; 
4) violation of any law or third-party rights.

18. Termination

We may suspend or terminate your access to the Services at any time with or without notice if you violate these Terms, engage in fraud or abuse, or create risk or possible legal exposure for us. You may stop using the Services at any time. Provisions that by their nature should survive termination (e.g., IP, disclaimers, limitations of liability, dispute resolution) will survive.

19. Miscellaneous

19.1 Force Majeure. We are not liable for delays or failures caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, government actions, or Internet/utility failures.
19.2 Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
19.3 Severability. If any provision is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force.
19.4 No Waiver. Our failure to enforce any right or provision is not a waiver of such right or provision.
19.5 Entire Agreement. These Terms, together with incorporated policies, constitute the entire agreement between you and Bebird regarding the Services and supersede prior agreements on the subject.