NEST BOX LIVE TERMS OF SERVICE

1. Introduction
   • Welcome to Nest Box Live.
   • Thank you for purchasing the Nest Box Live product and for downloading the app (“NBL App”). When we refer to a “Nest Box” we mean the physical box and the equipment we have installed inside it, including the cable we supply to connect it to your internet router.  Your purchase of a Nest Box enables you to use the services and features we make available to you as part of the Nest Box Live platform (the “Service”).
   • The organisation providing the Service is Nest Box Live Limited, 78 Logfield Drive, Liverpool, Merseyside L19 2RR, UK (referred to as “we” “us” or “our” or “NBL”).
   • These terms of service (“Terms”) set out details of what we provide, and what you may do and not do with your Nest Box and the content viewed through or provided by the Service. The Terms also explain your legal relationship with us.
   • We do not make a separate charge for the Service. It is included in the price of the Nest Box.  It is important that you understand that this pricing model is only possible because NBL retains the commercial rights to the Content as part of its business.  If you want, or expect, to make commercial use of the content from your Nest Box then you may not use any of the equipment in the Nest Box.  In these circumstances, we recommend that you delete the NBL App, return your Nest Box to us and we will refund what you have paid for the Nest Box. 
2. Our Service
   • The Service allows you to create, watch and share, for non-commercial use, video, still images and sound recorded using the camera and/or microphone in your Nest Box. You can watch video from the Nest Box as a live stream or you can download content for offline use.  The Service also acts as a distribution platform on which NBL shares content from the Nest Boxes of other users of the Service (“Platform”). 
   • When we use the capitalised word “Content” we mean both the content from your particular Nest Box and/or the content we make available from other users’ Nest Boxes. Content includes videos, still images, audio (for example sounds of the birds or any added sound files), graphics, text, our branding (including NBL trade marks, service marks, or logos) and software.  Content also includes details of:
     • Types of birds and other creatures visiting
     • A log of the time of the visits
     • Temperature data (through a sensor inside the Nest Box)
     • Weather information
     • Location information. (Please see also section 13 on Your Personal Information on this topic and our Privacy Notice [LINK]).
   • Your use of the Nest Box and the Service is subject to these Terms. If you do not accept these Terms then you may not use the Nest Box or the Service.  
   • NBL shall provide the Service with all reasonable skill and care. However, we draw your attention to the important disclaimers set out at section 20 below.
   • To use the Service you must have internet access.
   • Your right to use the Service commences on the date you install your Nest Box and will continue, unless terminated in accordance with these Terms.
3. Support and Maintenance
   • We provide support as part of the Service. If you need support please complete the message form in the NBL App or email support@nestboxlive.com.
   • The Nest Box does not contain any parts that you can service yourself. Any modification of the Nest Box hardware is not permitted (e.g. tampering with the camera, changing parts).
   • The software running on the Nest Box and the NBL App is solely owned by NBL. You may not modify, change or run your own code on your Nest Box.
   • NBL has the following rights to access Nest Boxes remotely, which it may use in the course of providing support to you and/or maintaining the Service:
     • to ‘push’ software updates for the purpose of security and to keep software updated;
     • with your permission, to access via SSH (which is a secure network protocol) to diagnose software problems;
     • to remotely monitor the Nest Box state via an online secure dashboard.

4. Installation of the Nest Box
   • Please read and follow the setup instructions in the NBL App.
   • Please take great care when installing your Nest Box, especially if you are using a ladder. Installation should be carried out by an adult.  Please wear appropriate protective equipment such as safety specs and gloves.  NBL is not liable for accidents that happen during installation unless it is shown that we have been careless ourselves. 
   • NBL is not responsible for:
     • securing all necessary rights for you to use your computer, router and other components that allow you to access the internet (“Customer Equipment”); and
     • installing, setting up and / or implementing any Customer Equipment.
   • Risk (such as breakage risk) in the Nest Box passes to you on delivery. Legal ownership of the Nest Box will pass when NBL has received full payment for your Nest Box.
   • Like all items that live outside, your Nest Box will not last forever and will deteriorate over time, depending on local conditions. If you look after your Nest Box it should last about 5 years.
5. Who may use the Service?
   • Age: You must be at least 13 years old and if you are under 18 you must have your parent or guardian’s permission to use the Service. Please ask them to read these Terms with you.  If you are a parent or guardian, you are responsible for your child’s actions when they are using the Service.
   • Not for businesses: The Service is for personal, domestic and non-commercial use only. You may not use the Service on behalf of a company or business entity.
6. What you can do with Content on the Service
   • The Service and any Content you access through it are for your personal and non-commercial use only.
   • You may share digitally the Content received from your Nest Box by posting it on your personal social media Profile (currently this is available on Facebook only). This is the only permitted method of sharing Content by digital means.  Once on social media, your Nest Box’s Content may be viewed by your friendship group but not further copied.  You may select the Nest Box sharing option in the NBL App in which case we will arrange for and manage the sharing of Content ourselves.  This method of sharing applies both to your Content and to Content from other people’s Nest Boxes.  (See also section 8 below on Use of Social Media.)
   • Nest Box sharing: you can view other live cameras on the Nest Box Live Platform. If you enable the Nest Box sharing  option, you will also be sharing your Nest Box with other users so they can view your camera when it is live.  Instructions are in the Settings section of the NBL App.  Click on the ‘Live nests’ icon on the Dashboard of the NBL App.
   • You may not share by any digital means the Content you receive from other people’s Nest Boxes. If we make available to you Content recorded by others, then we grant you a non-exclusive, non-transferable right to access that Content, limited to your personal and non-commercial use only.  Other than that, we do not transfer any right, ownership or interest to you. 
   • You agree that you will not use the Service for public screening of Content (other than permitted use of Content on social media).
   • You agree not to reproduce, distribute, publish, license, create derivatives works from, offer for sale, sell, archive or use Content contained in or obtained from or through the Service (except as explicitly authorised in these Terms).
7. What we can do with Content on the Service
   • NBL has full rights:
     • to broadcast Content anywhere (e.g. online, on social media, on television);
     • to sell or license the Content to any third party;
     • to monetise the Content through NBL’s own social media channels.
   • NBL will not be required to pay, distribute or give royalties to you for Content generated in or by your Nest Box.
   • NBL may distribute your Content both to other users of the network or to other content providers and distributors, as we wish.
   • You grant to us the right to monetise your Content on the Service (including displaying ads on or within your Content or charging users a fee for access to your Content). You are not entitled to any payments.
8. Use of Social Media
   • You may not monetise Content from your Nest Box on social media or other sites, in any way. You may post Content on a personal Facebook Profile in the Individual Page category as explained in section 6.  You may not post Content on a Facebook Business Page or set up a Facebook Group to which people – a fan base – can subscribe.  You may not create Facebook Reels using Content.
   • You may not use Content on platforms that offer payment based on number of views such as YouTube, Instagram IGTV, Instagram Reels, Snapchat Spotlight or on donation platforms.
   • You may not charge people for access to Content from your Nest Box.
9. Other Restrictions
   • You may use the Service only for the purpose of receiving and viewing images and sounds of nesting birds or other creatures in accordance with these Terms.
   • You may not use the Nest Box equipment:
     • in any way which causes, or may cause, damage to or interferes with the proper and efficient operation of the NBL Platform or interferes with any other person’s use of the Platform or the Service;
     • to create Content that is not related to the observation or study of nesting birds or other creatures or to send sounds or images that are in any way harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law or regulation.
   • You agree:
     • not to circumvent, remove, deactivate or degrade any of the protections NBL uses to protect the Content or Platform;
     • not to wilfully or negligently introduce onto or create on the Platform and/or NBL’s systems any virus, worm, trojan horse, cancelbot or other malware, destructive or contaminating program or file;
     • not to access the Service using any automated means (such as robots, botnets or scrapers);
     • not to sell any advertising, sponsorships, or promotions placed on, around, or within the Content;
     • not copy or reverse engineer (or attempt to copy or reverse engineer) the Platform with a view to providing services to third parties that are the same or similar to the Service.

10. Intellectual Property Rights
    • Using the Service does not give you ownership of any intellectual property rights in and to the Content you access (including any branding used on or displayed in the Service). If, however, you acquire ownership of rights in Content automatically by operation of law, you hereby assign all such rights to NBL.
    • To the extent that assignment is not effective or permitted by the laws where you live, you grant to us a transferable, royalty-free, fully-paid up, sub-licensable, worldwide licence to use any rights you may acquire for any and all purposes, including the purposes of providing the Service and monetising Content for NBL’s benefit.
    • As between you and us, all rights (including all intellectual property rights) in and to the Content are and shall at all times remain the property of NBL (or its licensors, such as technology suppliers and partners).
    • As long as you comply with these Terms NBL grants you a non-exclusive, non-transferable licence to access and use the Service and the Content.
    • If you choose to provide NBL with any feedback or suggestions in respect of the Service (and you don’t have to) then you grant us the right to use the feedback without any obligation to you.
    • Subject to the next sub-section, NBL agrees to indemnify and hold you harmless from and against any and all Liabilities suffered or incurred by you arising out of or in connection with any claim that the use of the Nest Box, the Service or Content infringes the Intellectual Property Rights of any third party (Indemnified Infringement).
    • In no event shall NBL, its employees, agents and/or sub-contractors be liable to you to the extent that the alleged infringement is based on:
      • a modification of the Nest Box or the Service by you or anyone acting under your direction or on your behalf;
      • your use of the Nest Box, the Service or Content in a manner contrary to the restrictions in these Terms or to instructions given to you by NBL; or
      • your use of the Nest Box, the Service or Content after notice or becoming aware of the alleged or actual infringement.
    • If we determine a risk of an Indemnified Infringement, we may, without liability: (a) replace or modify any component of the Nest Box or any functionality of the Service with substantially equivalent or replacement functionality (as applicable) so that the same is no longer infringing; (b) obtain for you the right to continue using the Nest Box, the Service or Content; or (c) delete Content; or (d) terminate the Service.
11. Links to Other Websites
    • The Platform or Content may contain links to other sites including social media platforms. Unless expressly stated, these sites are not under the control of NBL.
    • NBL assumes no responsibility for the content of these linked websites and disclaims liability for any and all forms of loss or damage arising out of the use of them.
    • The inclusion of a link to another website on the Platform does not imply any endorsement by NBL of the website itself or of those in control of them.
12. Changes
    • We may make modifications or changes (to all or part of the Service) such as adding or removing features, offering new Content or services or discontinuing old ones. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, make changes to comply with law, or prevent illegal activities on or abuse of our systems.
13. Your personal information
    • Our Privacy Notice is found in the About page of the Settings menu on the NBL App [LINK]. It explains how we treat your personal data and privacy when you set up a log-in through the NBL App and when you use the Service.
14. Termination of the Service
    • We reserve the right to close accounts that have been dormant for three years but we will contact you before doing so.
    • We may terminate your access to the Service and any Content without refunding you if at any time you are in serious breach of the restrictions or any other provision(s) of these Terms.
    • Termination shall not affect any rights, remedies, obligations or liabilities of either you or us that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Terms which existed at or before the date of termination.
15. Suspension
    • Instead of termination we may suspend your access to the Service and any Content while we investigate actual or possible breaches of these Terms. Alternatively, we may limit the functionality of the Nest Box (i.e. only making the basic camera function available and suspending your access to features such as downloading videos, live streaming).
16. Personal Data
    • For the purposes of this section and any associated definitions, “controller”, “processor”, “data subject”, “personal data” and “processing” shall have the meanings given to them in the UK GDPR. You acknowledge that, to the extent that NBL processes your personal data in connection with administering access to the Service, NBL shall act as controller of that personal data.  Furthermore, NBL shall:
      • only process your personal data as is necessary to provide the Service or otherwise in accordance with these Terms and our Privacy Notice at [LINK];
      • not transfer personal data outside the UK and the EEA save where there are adequate measures in place to ensure that your personal data is protected or where appropriate supplementary measures are in place that comply with applicable data protection laws and relevant regulatory guidance; and
      • on termination or deletion of your account, promptly delete all your personal data, save to the extent that NBL retains any personal data, as stated in the Privacy Notice.
    • You acknowledge and agree that NBL shall be entitled to monitor your use of the Services and Content and process your personal data as reasonably required to provide, support, maintain, analyse and/or improve the Service and/or the Content.
17. Liability
    • Nothing in these Terms will exclude or limit liability in respect of: (a) death or personal injury caused by the negligence of NBL or you; (b) fraud (including fraudulent misrepresentation); or (c) any liability which may not otherwise be lawfully excluded or limited.
    • Neither you nor NBL shall be liable to the other in contract, tort (including negligence and breach of statutory duty) or otherwise for any indirect or consequential or special loss or damage.
    • NBL’s total aggregate liability in contract, tort (including negligence and breach of statutory duty) or otherwise under or in connection with these Terms, including under the indemnity in section 10, shall be limited to £5,000.
    • If you share Content with anyone else, you must not give them permission, or encourage them, to use that Content for commercial purposes or suggest that they are able to do so.
    • NBL shall not be liable for any failure or delay in providing the Service if and to the extent that such failure or delay is the result of any event or circumstance that is outside our reasonable control and, for clarity, failures in telecommunication equipment, your computer and/or mobile devices, network latency and failure of ISPs shall not be regarded as within the reasonable control of NBL.
18. Confidential Information
    • To the extent that you receive any Confidential Information from us, you agree to keep such Confidential Information confidential. We agree to treat your personal information as Confidential Information and only use it as set out in the Privacy Notice.
19. Use of NBL Branding and Trade Marks
    • You agree not to:
      • make any modifications to any advertising and promotional materials supplied by NBL with the Content; or
      • alter or remove any reference to NBL trade or service marks, or to NBL logos appearing on the Content.

20. Availability of the Service and Disclaimers
    • The Service is provided “as is” and on an “as available” basis. Without affecting your legal rights as a consumer, NBL gives no warranty that the Service will be uninterrupted, and/or free of defects or faults.  
    • To the maximum extent permitted by the law, NBL provides no warranties (express or implied) of fitness of the Service for a particular purpose, compatibility and satisfactory quality.
    • The quality of the display of the Content may vary from Nest Box to Nest Box and may be affected by various factors such as the location of the Nest Box, the quality of the device used to view the images and the bandwidth available through and/or speed of your internet connection. The minimum connection speed for standard definition quality is 3 Mbps.
    • Whilst we use reasonable endeavours to ensure that the Platform is secure and free of errors, viruses and other malware, NBL gives no warranty or guarantee in that regard and you should take responsibility for the security of your own computer devices.
21. Right of cancellation
    • If you choose to cancel your order for a Nest Box, you may do so within 14 days of when you received your receipt, without giving any reason.
    • To cancel your order, you must inform us of your decision. We recommend you send us a message using the Support page in the NBL App or email support@nestboxlive.com.
    • To meet the cancellation deadline, you must send your message that you want to cancel before the 14-day period has expired.
    • Effects of cancellation: We will reimburse you for the price of the Nest Box no later than 14 days from the day on which we receive your cancellation message. We will use the same means of payment as you used for the purchase of the Nest Box, and you will not be charged for the reimbursement.
    • Exception to the right of cancellation: You cannot separately cancel your order for the supply of the Service if the delivery of Content from your Nest Box has started at your request. As explained above the Nest Box price includes the Service but you may of course choose to disconnect the Nest Box from your computer if you wish.

Glossary / Legal Definitions

In these Terms and in the Privacy Notice the following words and expressions have the following meanings: