Last Updated: February 26, 2025

Welcome to Allbirds, operated by Allbirds, Inc. (“Allbirds” or “we”). These Terms of Use (“Terms”) apply to your access and use of (i) our online services, such as the Allbirds website located at allbirds.com (the “Site”) and our social media platforms, and (ii) our offline services, such as our customer support channels, retail locations, and in-person promotional activities (the online and offline services collectively, the "Platform"). The Terms govern your use of the Platform, including the purchase of any products or services made available through the Platform. By accessing, viewing, purchasing or otherwise using the content, material, products, or services available on or through the Platform, you expressly certify that you have read, understand, and agree to be legally bound by these Terms. If you violate these Terms, Allbirds may terminate your use of the Platform, bar you from future use of the Platform, and/or take appropriate legal action against you.

SECTION 13 (DISPUTE RESOLUTION AND BINDING ARBITRATION) OF THE TERMS CONTAIN PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. BY AGREEING TO THESE TERMS, YOU AND ALLBIRDS AGREE TO RESOLVE MOST DISPUTES SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL. IF YOU DO NOT WISH TO ARBITRATE DISPUTES WITH ALLBIRDS, YOU MAY OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 13(j).

You further certify that you are 18 years of age or older and that you have all the necessary rights, power and authority to enter into these Terms and perform the obligations set forth under these Terms. Please ensure that you read these Terms carefully. You understand and agree that your use of the Platform, which includes all content, material, products or services made available on or through the Platform, signifies that you fully accept and agree to these Terms.

Privacy
Registration
Purchases
General Restrictions on Use
Content
SMS Messaging
Errors, Inaccuracies, and Omissions
Disclaimers and Warranties
Limitation of Liability
Indemnity
Links To Other Sites
Digital Millennium Copyright Act – Copyright Infringement
Dispute Resolution and Binding Arbitration
Governing Law and Venue
Miscellaneous

1. Privacy

For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.

2. Registration

In order to access certain features of the Platform, you may be asked to register for and create an account. As part of the registration process, you may be prompted to confirm your agreement to these Terms, and may then be asked to select or submit a user name and password. You may also be required to provide us with certain information about yourself including some types of personally identifiable information, including your legal name, phone number, address, email and address. It is important that you provide us with accurate, complete and up-to-date information for your account and you agree to update such information to keep it accurate, complete and up-to-date. If you do not, we might have to suspend or terminate your account. You are responsible for ensuring that your password and account login are kept secret, safe, and secure at all times. Allbirds will not be held responsible or liable for any misuse of your account in the event that a third party has access to and uses your password and account login in any way. You are responsible for all activities that occur under your account, whether or not you know about them.

When placing an order through the Platform, you will be required to provide other personal information, such as shipping address, billing address, and payment details. Additional information may be collected by Allbirds or its third party providers at this time for security and anti-fraud purposes. You represent that the personal information you provide to us via the Platform is true, valid, complete and up-to-date in all respects, and you confirm that you are the person referred to in the shipping (unless the item is a gift) and billing information provided. Should any of the information you provide on the Platform change, please log in to your account and update such information directly on the Platform.

3. Purchases

The Platform allows you to browse, view, choose, and purchase various products or services. By purchasing products or services made available through the Platform, you represent that you are buying the products or services for your own personal or household use only, and not for resale or export and that all purchases are intended for final delivery to locations within the US.

You may not purchase commercial quantities of our products without our prior written consent, and we may place limits on your purchases. We may also, among other things, restrict orders placed by or under the same customer account or the same credit card, or orders that use the same billing or shipping address. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed with an intent to resell or distribute our products. We further reserve the right to stop doing business with customers who (in our sole discretion) violate this policy or any other part of the Terms. Except as may be previously and expressly authorized by us in writing, we also prohibit the offering, use, transfer, or acceptance of our products and gift cards for promotional purposes (e.g., as prizes in contests or sweepstakes) or in connection with any lottery, raffle or wagering scheme. We reserve the right to bar any users we suspect of violating this Section 3 (or any other provision of these Terms) from further use of the Platform and to refuse, limit or cancel any related orders and/or suspend or cancel any related accounts. The inclusion of products on the Platform at any time does not guarantee that these products will be available for purchase. For more information about placing special orders, please contact bulkorders@allbirds.com or check out this site.

Prices posted on the Platform may be different than prices offered by us at our physical locations. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. We may, in our sole discretion, offer promotional codes at certain points in time, or for certain audiences. In the event such promo codes are enabled, promo codes should be entered during the checkout process to be valid. Discounts and discount thresholds exclude taxes and charges for shipping and handling. Discounts cannot be used in conjunction with any other offers.

Allbirds may use a third party payment processor to process credit card transactions made through the Platform. You are also responsible for paying any governmental taxes imposed in connection with use of the Platform or the purchase or any products or services made available through the Platform, including sales, use, and excise taxes (excluding only taxes on Allbirds’ net income). To the extent that Allbirds is obligated to collect such taxes, the applicable tax will be added to your billing account. The risk of loss and title for products purchased from Allbirds pass to you upon our delivery to the carrier. All sales are subject to our shipping and return policies, which shall be made available to you on the Platform or other delivered to you with your purchased goods. We monitor return activity for abuse and reserve the right to limit (or deny) returns or exchanges in all instances. All refunds are at Allbirds' sole discretion.

Refer-a-friend Program: Coupon is valid for three months. Allbirds reserves the right to modify or cancel the coupon at any time. The promotion is limited to one coupon per customer and can only be used by eligible customers who receive the coupon code from Allbirds via email. The coupon may only be used at www.allbirds.com. The coupon may not be used on gift cards. The coupon is not combinable with any other discount or coupon. If you return any of the items purchased with the coupon, the coupon discount or value will be subtracted from the return credit. Applicable shipping and handling charges apply. The $100 cut-off for eligibility is not inclusive of taxes or shipping. The coupon is void where prohibited or restricted by law. Allbirds has no obligation for payment of any tax in conjunction with the distribution or use of any coupon. Consumer is required to pay any applicable sales tax related to the use of the coupon.

4. General Restrictions on Use

You agree to use the Platform only for purposes that are permitted by these Terms and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the Platform and products purchased from the Platform for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use, and for no other purposes.
You will not (and will not attempt to):
-- Access any of the online features of the Platform by any means other than through the interface that is provided by Allbirds, including: (i) access, tamper with, or use non-public areas of the Platform, Allbirds’ computer systems, or the technical delivery systems of Allbirds’ providers; (ii) attempt to probe, scan or test the vulnerability of any Allbirds system or network or breach any security or authentication measures; or (iii) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Allbirds’ or any of Allbirds’ providers or any other third party (including another user) to protect the Platform;
-- Gain unauthorized access to Allbirds’ computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Platform, or Allbirds’ networks and computer systems;
-- Access any of the online features of the Platform through any automated means or with any automated features or devices (including use of scripts or web crawlers);
-- Access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;
-- Reproduce, mirror, duplicate, copy, sell, trade, or resell any aspect of the Platform or products purchased from the Platform for any purpose; and
–- Reproduce, duplicate, copy, sell, trade or resell any products or services bearing any trademark, service mark, trade name, logo or service mark owned by Allbirds in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

5. Content

As between you and Allbirds, Allbirds owns or licenses all information and materials, including logos, designs, titles, phrases, product names, images, illustrations, icons, photographs, and the copyrights, trademarks, service marks, trade dress, and other intellectual property rights associated therewith, in or made available through the Platform (“Platform Content”), as well as the selection, coordination, arrangement, and organization and enhancement of the Platform Content. All Platform Content is protected pursuant to copyright, trademark, patent, and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Platform Content. As between you and Allbirds, all names, trademarks, symbols, slogans, or logos appearing on the Platform, products, or Site are proprietary to Allbirds or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Platform Content, other than the right to use the Platform Content in accordance with these Terms.

Certain features of the Platform may allow you to contribute feedback and other information to the Platform for access, use, viewing, and commentary by other users of the Platform (collectively, “Comments”). By posting Comments, you represent that you have the full legal right to provide the Comments and that use of the Comments by Allbirds on the Platform, and all other persons and entities, will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; (c) constitute disclosure of any confidential information owned by any third party; or (d) constitute content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” Upon your submission of Comments or other material or information to Allbirds, and in consideration of your use of the Platform and other good and valuable consideration which you acknowledge, you grant Allbirds a worldwide, perpetual, irrevocable, transferable, license to access, use, publish, adapt, translate, distribute, reproduce, display, modify, create derivative works based upon, and sublicense the Comments, all without any compensation to you whatsoever; and that you will indemnify Allbirds for all claims resulting from content you supply. Allbirds has the right but not the obligation to monitor and edit or remove any activity or content. Allbirds takes no responsibility and assumes no liability for any content shared by you or any third party through the Platform. For avoidance of doubt, Allbirds shall be under no obligation: (1) to maintain any Comments in confidence; (2) to compensate you in any way for your Comments; or (3) to respond to any Comments.

6. SMS Messaging

If you elect to receive marketing text messages from us, either via our website or by sending a text message indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional SMS text messages from us (each, a “Text Message”) sent through an automatic telephone dialing system. These may include cart abandon messages. Message frequency varies. This service is optional and is not a condition for purchase.

You can opt out of receiving any further Text Messages from us at any time by replying “STOP” to any Text Message you receive from us. For help, reply “HELP” to any Text Message you receive from us or email privacy@allbirds.com.

In addition to any fee of which you are notified, your mobile provider’s message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliates be responsible for any SMS messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit SMS messages, you may not receive the Text Messages.

Neither we nor the wireless carriers (such as T-Mobile or Verizon) will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an “AS IS” basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time and content of your text messages. For more information on how we use telephone numbers, please read our Privacy Policy.

7. Errors, Inaccuracies, and Omissions

Occasionally there may be information on the Platform that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Platform is inaccurate at any time without prior notice (including after you have submitted your order). We cannot and do not review all communications, products, or services made available on or through the Platform, but, although not obligated to, may review, verify, make changes to or remove any Comments, Platform Content, or the Platform, including information submitted in connection with the Platform Content or other features at any time, with or without notice in our sole discretion.

8. Disclaimers and Warranties

Allbirds reserves the right to change the assortment of items offered and to limit the quantity of items that may be purchased from time to time and at any time, without prior notice. We also reserve the right to alter the terms or duration of any special offers or sale promotion. Allbirds is not liable in case of stock outage or unavailability of products. We use reasonable efforts to display as accurately as possible the colors of our products that appear at the Platform, but we cannot guarantee that your computer monitor's or mobile device’s screen’s display of any color will be accurate.

Allbirds expressly disclaims, to the fullest extent permitted by law, any express or implied warranties: (i) that the Platform, Platform Content, products, goods, advice, information or links provided on the Platform will meet your requirements; (ii) that the Platform will be uninterrupted, timely, secure or free from error; (iii) that defects in the operation or functionality of any software provided to you as part of the Platform will be corrected; (iv) regarding the Platform Content, goods, services, advice, information or links provided by any third parties or users; (v) that the Platform, Platform Content, products, goods, services, advice, or information displayed on the Platform will meet your requirements; and (vi) that the Platform will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from the Platform shall create any warranty not expressly stated in these Terms.

You understand that the technical processing and transmission of any Platform Content and Comments may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent to or from our Platform will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to us via the Platform or the Internet, including, for example, personal information such as your name or address. Allbirds assumes no responsibility for: (a) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication; and (b) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Platforms, including any injury or damage to you or to any person’s computer related to or resulting from use of the Platform.

Allbirds shall have no liability to you for any damages, delays, or failure in carrying out its obligations to any customer for reasons beyond Allbirds’ control, including without limitation, fire, lightning, explosions, power surge or failure, water, acts of God, war or terrorism, natural disasters, labor unrest, charges in or compliance with laws, revolution, civil commotion, laws, regulations, or governmental policies, and shortages of supplies and services. Allbirds may extend delivery of an order so affected without liability to the customer except for the return of any payment made by the customer to Allbirds with respect to any undelivered portion of the order so canceled.

You should consult your doctor before beginning any exercise, training or athletic program. Allbirds is not responsible for any medical or health problems that may result from your engaging in any activities described on this site or from any information you obtain from this site. If you ever feel discomfort or pain, you should not continue.

No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Platform, Platform Content, and/or products purchased from the Platform except to the extent that they are expressly set out in these Terms.

9. Limitation of Liability

YOU ASSUME ALL RESPONSIBILITY AND RISK RELATED TO YOUR USE OF THE PLATFORM, AND THE INTERNET GENERALLY. IN NO EVENT WILL ALLBIRDS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, STATUTORY, LIQUIDATED, OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER; INCLUDING BUT NOT LIMITED TO DAMAGES RELATED TO LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM. ALLBIRDS MAKES NO WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF THE CONTENT OR WHETHER THE CONTENT IS UP TO DATE. IT IS YOUR RESPONSIBILITY TO VERIFY ANY INFORMATION BEFORE RELYING ON IT. THE CONTENT OF THE PLATFORM MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. FROM TIME TO TIME, CHANGES ARE MADE TO THE CONTENT HEREIN. IN NO EVENT SHALL ALLBIRDS’ LIABILITY EXCEED THE PRICE YOU PAID, IF ANY, TO ALLBIRDS, INCLUDING THE PRICE YOU PAID FOR THE PRODUCT THAT IS THE SUBJECT OF THE CLAIM. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF ALLBIRDS AND ITS LICENSORS, COLLECTIVELY, SHALL NOT EXCEED TEN DOLLARS ($10).

The limitations on Allbirds’ liability to you in this Section 9 shall apply whether or not Allbirds has been advised of or should have been aware of the possibility of any such losses arising, and will survive these Terms and your use of the Platform and products purchased from the Platform.

IF YOU ARE DISSATISFIED WITH THE PLATFORM, TERMS OF USE, OR PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM.

10. Indemnity

You agree to indemnify, hold harmless and, at Allbirds’ request, defend Allbirds and its officers, directors, members, employees, agents, affiliates, licensors and suppliers, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Platform; (ii) your violation of any of these Terms; (iii) your violation of any third party rights, including without limitation any copyright, intellectual property, or privacy rights; or (iv) the use by any other persons accessing any Platform using your account or account login. This defense and indemnification obligation will survive these Terms and your use of the Platform. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate in all reasonable respects in such defense. You may not settle any claim contemplated in this Section 10 without the prior written consent of Allbirds.

11. Links To Other Sites

The Platform may contain links or references to other websites outside of our control. Links to other websites may use our Platform logo or style as a result of a co-branding agreement. These websites may send cookies to you and may collect personally identifiable information about you and make use of that data in ways that the Platforms would not. Please be aware that Allbirds has no control over these websites and that these Terms do not apply to any third party sites. Allbirds cannot be held responsible for those sites or external sources, or for any damage or losses deriving from the use of the content, or goods and services available on those sites or external sources. Allbirds encourages you to read the privacy policies and terms of use linked or referenced in the websites you enter.

12. Digital Millennium Copyright Act – Copyright Infringement

Digital Millennium Copyright Act – Copyright Infringement

Pursuant the Digital Millennium Copyright Act, all claims of copyright infringement for material that is believed to be residing on Allbirds' system or network, should be promptly sent in the form of written communication to Allbirds' Designated Agent:

Legal Department
Allbirds, Inc.

Email: help@allbirds.com

All claims must include the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The following statement must be included as well: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”

13. Dispute Resolution and Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND ALLBIRDS TO ARBITRATE CERTAIN DISPUTES AND LIMITS THE MANNER IN WHICH YOU AND ALLBIRDS CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND ALLBIRDS FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND ALLBIRDS AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. ALLBIRDS AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.

YOU AND ALLBIRDS EACH ACKNOWLEDGE THAT THE TERMS OF THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF EITHER PARTY’S CLAIMS.

FOLLOW THE INSTRUCTIONS BELOW, IN SECTION 13(j), IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS.

Claims This Section Applies To. This Section 13 applies to all Claims between you and Allbirds. A “Claim” is any dispute, claim, or controversy (excluding those exceptions listed in Section 13(c), below) between you and Allbirds, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, for which either party wishes to seek legal recourse and that arises from or relates to these Terms or the Platform, including any claims related to the use or operation of the Platform, the purchase of any products or services made available through the Platform, all privacy or data security claims, and all claims related to the validity, enforceability, or scope of this Section or any portion of it.
Informal Dispute Resolution Before Arbitration. If you believe you have a Claim against Allbirds or if Allbirds believes it has a Claim against you, you and Allbirds will first attempt to resolve the Claim informally to try to resolve the Claim more quickly and reduce costs for both parties. You and Allbirds will make a good-faith effort to negotiate the resolution of any Claim for 45 days (“Informal Resolution Period”), from the day either party receives a written notice of a dispute from the other party that satisfies the requirements of this Section 13(b) (a “Claimant Notice”). The Informal Resolution Period is designed to allow the party who has received a Claimant Notice to make a fair, fact-based offer of settlement if it chooses to do so. The Informal Resolution Period may be extended by the parties’ mutual written agreement.

You must send any Claimant Notice to Allbirds by certified mail, addressed to Allbirds, Inc., Attn: Legal Department, 1875 Mission St Ste 103, San Francisco, CA 94103 or by email to legal@allbirds.com. Allbirds will send any Claimant Notice to you by certified mail or email using the contact information you have provided to Allbirds. The party sending a Claimant Notice (the “Claimant”) will ensure it includes (i) the Claimant’s name, address, email address, and telephone number; (ii) a description of the nature of and basis for the Claim, including the date(s) on which the Claim arose and the facts on which the Claim is based; (iii) the specific relief sought; and (iv) a personally signed statement from the Claimant themselves (and not their counsel) verifying the accuracy of the contents of the Claimant Notice.

No arbitration demand (“Arbitration Demand”) may be filed or proceed before a Claimant Notice is sent and the Informal Resolution Period has concluded. If you or Allbirds files an Arbitration Demand without complying with the requirements in this Section 13, including the requirement to wait for the Informal Resolution Period to conclude, the other party may seek relief from a court to enjoin such filing and for such other relief as the court deems proper. The prevailing party in any such action shall be entitled to recover its costs and reasonable attorneys’ fees incurred in seeking such relief.

To facilitate the parties’ efforts to reach an efficient resolution of any Claim, the applicable statutes of limitation will be tolled, and all deadlines associated with arbitration fees deferred, from the commencement of the Informal Dispute Resolution Process through the date when suit or arbitration may be filed under these Terms.

Claims Subject to Binding Arbitration; Exceptions. Except for individual disputes that qualify for small claims court (provided that the small claims court does not permit class or similar representative actions or relief) and any disputes exclusively related to the intellectual property rights of you or Allbirds, including any disputes in which you or Allbirds seek injunctive or other equitable relief for the alleged unlawful use of your or Allbirds’s intellectual property (“IP Claims”), all Claims, including Claims that are not related to intellectual property or intellectual property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 13(b) must be resolved by a neutral arbitrator through final and binding arbitration rather than in court. Claims subject to binding arbitration include, without limitation, disputes arising out of or relating to the interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of this arbitration provision or any portion of it.
Binding Individual Arbitration. Except as otherwise expressly permitted by this Section 13, any Claim may be resolved only through binding individual arbitration conducted by the American Arbitration Association (the “AAA”), https://adr.org/, according to the Federal Arbitration Act, 9 U.S.C. § 1, et seq., (“FAA”). If you are a “Consumer,” meaning that you only use the Platform for personal, family, or household purposes, the then-current version of the AAA’s Consumer Arbitration Rules, as modified by these Terms (the “Rules”), will apply to Claims between you and Allbirds. If you are not a Consumer, the then-current version of the AAA’s Commercial Arbitration Rules and Mediation Procedures, as modified by these Terms, will apply to Claims between you and Allbirds.

These Terms affect interstate commerce, and the enforceability of this Section 13 will be substantively and procedurally governed by the FAA to the maximum extent permitted by law. As limited by the FAA, these Terms, and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. As allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or Allbirds to satisfy one of our individual Claims (that the arbitrator determines are supported by credible relevant evidence).

Arbitration Procedure and Location. You or Allbirds may initiate arbitration of any Claim not resolved during the Informal Resolution Period by filing an Arbitration Demand with AAA in accordance with the Rules.

Instructions for filing a demand with AAA are available on the AAA website. You will send a copy of any demand for arbitration to Allbirds by certified mail addressed to Allbirds, Inc., Attn: Legal Department, 1875 Mission St Ste 103, San Francisco, CA 94103 or by email to legal@allbirds.com. Allbirds will send any demand for arbitration to you by certified mail or, if no physical address has been provided, by email using the contact information you have provided to Allbirds.

The arbitration will be conducted by a single arbitrator in the English language. You and Allbirds both agree that the arbitrator will be bound by these Terms.

For Claims in which the Claimant seeks less than USD $10,000, the arbitrator will decide the matter based solely on written submissions, unless the arbitrator decides that a formal hearing is necessary. For Claims in which the Claimant seeks USD $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings will be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is determined to be necessary, the site of any in-person hearing will be determined by the applicable Rules.

The arbitrator (not a judge or jury) will resolve all Claims in arbitration. Unless you and Allbirds agree otherwise, any decision or award will include a written statement stating the decision of each Claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.

Any arbitration decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.

Arbitration Fees. Each party will be responsible for arbitration fees in accordance with the applicable Rules and these Terms.
Frivolous or Improper Claims. To the extent permitted by applicable law, a Claimant must pay all costs incurred by the defending party, including any attorney’s fees and arbitration fees, related to a Claim if an arbitrator determines that (i) the Claim was not warranted by existing law or by a nonfrivolous argument, (ii) the factual contentions for the Claim lacked evidentiary support when filed or were unlikely to have evidentiary support after a reasonable opportunity for further investigation; or (iii) the Claim was filed in arbitration for any improper purpose, such as to harass the defending party, cause unnecessary delay, or needlessly increase the cost of dispute resolution.
Confidentiality. If you or Allbirds files a Claim in arbitration, you and Allbirds agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and other materials that might be exchanged or the subject of any discovery in the arbitration. You and Allbirds agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery in the arbitration.
Mass Disputes. If 25 or more Claimant Notices are received by a party that raise similar Claims and have the same or coordinated counsel, these will be considered a “Mass Dispute” and the provisions of this Section 13(i) will apply to all such Claimant Notices. A Claimant Notice in a Mass Dispute may proceed to arbitration only as set forth below.

Applicable Rules. Any Arbitration Demands based on these Claimant Notices filed in arbitration shall be subject to the AAA’s then-current Mass Arbitration Supplementary Rules, as modified by these Terms. Any disputes over whether an Arbitration Demand should be considered part of the Mass Dispute will be decided by the AAA as an administrative matter. The following procedures are intended to supplement the AAA’s Mass Arbitration Supplementary Rules, and to the extent the procedures conflict with those Rules, to supersede them.
Initial Arbitrations. The parties shall identify an initial set of 20 Claimant Notices to proceed as Arbitration Demands in order to maximize efficiencies in the management, investigation, and arbitration of the remaining Claimant Notices in the Mass Dispute. The initial set shall be selected as follows. Counsel representing the Claimants in a Mass Dispute must notify the other party in writing (email will suffice) when all or substantially all Claimant Notices for the Mass Dispute have been provided. Counsel for all Claimants and counsel for the responding party each shall then select 10 Claimant Notices to proceed as Arbitration Demands. Claimants shall then file Arbitration Demands for the 20 selected Claimant Notices. No Claimant Notice or Arbitration Demand may be filed or deemed filed, and no related arbitration fees may be assessed, until the Claimant Notice is selected to proceed to arbitration following the process set forth in this Section. A single arbitrator will preside over each Arbitration Demand, and shall preside only over one Arbitration Demand, unless the parties agree otherwise.
Mediation. Upon conclusion of the 20 Initial Arbitrations (or sooner if the parties agree) and before proceeding with any other Arbitration Demands, the parties must engage in a single mediation applicable to all Claimant Notices in the Mass Dispute. The parties shall have 30 days following the conclusion of the last of the initial arbitrations to agree on a mediator. If they are unable to do so, the AAA may appoint one as an administrative matter. No additional Arbitration Demands may be filed until 30 days after such mediation concludes or 90 days after the appointment of a mediator, whichever is sooner.
Remaining Claimant Notices and Arbitrations. If mediation concludes with 100 or more unresolved Claimant Notices, any remaining Claimant or the receiving party to a remaining Claimant Notice may opt out of arbitration of all Claimant Notices that were not resolved in the initial 20 Arbitration Demands or mediation. Such an election may only be for all Claimant Notices remaining in the Mass Dispute, not a portion thereof. To be effective, such election must be communicated in writing (email suffices) to counsel for the other party within 30 days of mediation concluding. Claimant Notices released from the arbitration requirement must be resolved according to Section 14.

If complaints based on Claimant Notices that were released from the arbitration requirement are filed in court, the Claimants may seek class treatment, although to the fullest extent allowed by applicable law, the putative classes must be limited to those Claimants in the Mass Dispute whose claims remain unresolved, and for which a Claimant Notice was received by the other party. Any party may contest class certification at any stage of the litigation and on any available basis and may raise any other defenses available under applicable law.

If the mediation process concludes with fewer than 100 Claimant Notices remaining or if no timely election to opt out of arbitration is made, the AAA will randomly select 30 Claimant Notices (or the total remaining if less than 30) that comply with Section 13(b) to proceed in arbitration in the same manner as described in Section 13(i)(2), above. Once such arbitrations have concluded, the parties will repeat this process until all Claimant Notices in the Mass Dispute have been resolved.

Opting Out of Arbitration. You have the right to opt out of binding arbitration within 30 days of the date you first accepted a version of these Terms by emailing legal@allbirds.com. To be effective, the opt-out notice must be on your own behalf and include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration in order to be valid. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 14.
Rejection of Modifications to this Section 13. You may reject any change we make to this Section 13 (except changes to notice addresses) as to you, by emailing legal@allbirds.com within 30 days of the date of the change. To be effective, you must send the notice or rejection on your own behalf, and you must include your full name, mailing address, and email address. The notice must clearly indicate your intent to reject changes to Section 13. You may reject changes to Section 13 only as a whole. You may not reject only certain changes to Section 13. If you reject changes made to Section 13, the most recent version of Section 13 that you have not rejected will continue to apply.
Severability. If any portion of this Section 13 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 13 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 13; and (iii) to the extent that any claims may proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction, in accordance with these Terms, and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 13 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 13 will be enforceable.

14. Governing Law and Venue

Any dispute, claim, or controversy arises from or relates to these Terms or the Platform will be governed by and construed and enforced in accordance with the laws of the State of California, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute, claim, or controversy arising from or relating to these Terms, the Platform, or the products purchased from the Platform that is not subject to arbitration pursuant to Section 13 and that cannot be heard in small claims court will be resolved exclusively in the state and federal courts located in San Francisco, California. You and Allbirds waive any objection to venue in any such courts. If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this section will not apply to you to the extent that local law conflicts with this section.

15. Miscellaneous

These Terms constitute the whole legal agreement between you and Allbirds and govern your use of the Platform, products purchased from the Platform and any transactions you may have with Allbirds through the Platform and completely replaces and supersedes any prior agreements or understanding, arrangements, undertaking or proposal, written or oral, between you and Allbirds in relation to such matters. In the event any other rule, code of conduct, or other matter posted on the Platform conflicts with the terms of these Terms, these Terms shall govern. No oral explanation or oral information given by any party shall alter the interpretation of these Terms. Notwithstanding the foregoing, you understand that Allbirds may make changes to these Terms from time to time. Your continued use of the Platform following the posting of changes to these Terms will be considered your consent to those changes. When these changes are made, Allbirds will make a new copy of the Terms available on the Site. You agree that Allbirds is under no obligation to provide you with notices regarding changes to the Terms. You understand that it is your responsibility to check the Terms regularly for changes.

You agree that if Allbirds does not exercise or enforce any legal right or remedy which is contained in these Terms (or which Allbirds has the benefit of under any applicable law), this will not be taken to be a formal waiver of Allbirds’ rights and that those rights or remedies will still be available to Allbirds. If any court of law, having the jurisdiction to decide a matter arising out of these Terms, rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of the Terms and the remaining provisions will continue to be valid and enforceable.

The Platform is controlled and operated from within the United States. Without limiting anything else, Allbirds makes no representation that the Platform, Platform Content, Comments, services, products, information or other materials available on, in, or through the Platform is appropriate or available for use in locations other than those indicated on our website, and access to them from territories where they are illegal is prohibited. Those who choose to access the Platform from other locations do so on their own volition and are responsible for compliance with applicable laws.

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