Terms of Service

1. About Birdie

Birdie is an AI-powered SaaS platform provided by Birdie Studio ApS, a company incorporated in Denmark (CVR 45 95 19 87), with its registered office at Rosenvaengets Allé 11, 2100 København Ø, Denmark.

These Terms of Service (‘Terms’) apply to all users of the Birdie platform, whether you are an individual user or accessing Birdie through your employer or organisation (‘Customer’).

2. Definitions

Key terms used throughout these Terms are defined as they appear in context within each section.

3. Access and Accounts

3.1 Account Creation

To use Birdie, you must create an account and provide accurate, complete information. You are responsible for maintaining the security of your account credentials. Birdie uses Microsoft Single Sign-On (SSO) as the primary authentication method.

3.2 Authorised Use

Your Birdie account is for your use only. You must not share your account access with others. If you are accessing Birdie through an employer or organisation, your use is governed by both these Terms and any additional terms your organisation has agreed with Birdie Studio ApS.

3.3 Account Suspension

Birdie Studio ApS reserves the right to suspend or terminate accounts that violate these Terms, without prior notice if necessary to protect the platform or other users.

4. Acceptable Use

4.1 Permitted Use

You may use Birdie for lawful business and personal purposes, including creating, editing, and managing AI-assisted content within your workspace.

4.2 Prohibited Use

You must not use Birdie to:

• Violate any applicable law or regulation
• Infringe any intellectual property rights of any third party
• Generate, distribute, or store illegal, harmful, abusive, defamatory, or obscene content
• Attempt to gain unauthorised access to Birdie's systems or other users' data
• Introduce malware, viruses, or other malicious code
• Conduct automated scraping or bulk data extraction without prior written consent
• Use Birdie to train or fine-tune any external AI models without explicit consent from Birdie Studio ApS
• Engage in any activity that could damage, disable, or impair the Birdie platform

5. Content & AI Outputs

5.1 Your Content

You retain ownership of all content you create, upload, or input into Birdie. By using Birdie, you grant Birdie Studio ApS a limited licence to process your content solely to provide the service.

5.2 AI Outputs

AI-generated outputs produced in your Birdie workspace belong to you. Birdie Studio ApS does not claim any rights to AI-generated content created on your behalf.

5.3 Accuracy of AI Outputs

AI outputs may not always be accurate, complete, or suitable for your intended purpose. You are responsible for reviewing and verifying all AI-generated content before use.

5.4 Content You Are Responsible For

You are solely responsible for ensuring that:

• Content you input into Birdie does not violate applicable laws
• You have the right to use and process any personal data of third parties that you input into Birdie
• Content does not infringe third-party intellectual property rights

6. Data Processing & Privacy

Birdie processes personal data in accordance with its Privacy Policy. When you use Birdie's AI features, your prompts and content may be sent to third-party LLM providers (Microsoft Azure OpenAI and Google Vertex AI) configured within the European Union.

Customers who require a Data Processing Agreement (DPA) in accordance with GDPR Article 28 may request one by contacting info@birdie.studio. The DPA governs Birdie's obligations as a data processor for workspace content.

7. Subscription, Fees & Payment

7.1 Subscription Plans

Access to Birdie is provided on a subscription basis. Subscription plans, pricing, and included features are described on the Birdie website or agreed in a separate Order Form.

7.2 Payment

Fees are due in advance for the applicable subscription period. Payment is processed via Nets (accessible via Deltek WorkBook). Birdie Studio ApS does not store payment card details.

7.3 Renewal

Subscriptions automatically renew unless cancelled before the renewal date. You will be notified of upcoming renewals in advance.

7.4 Refunds

Subscription fees are non-refundable except where required by applicable law or as expressly stated in your Order Form.

8. Service Availability

8.1 Uptime

Birdie Studio ApS endeavours to maintain a high level of service availability. However, we do not guarantee uninterrupted access to the platform. Planned maintenance will be communicated in advance where possible.

8.2 Backups

Birdie maintains daily backups with a 30–90 day retention period. A disaster recovery plan is in place with a Recovery Time Objective (RTO) of 4 hours and Recovery Point Objective (RPO) of 24 hours.

9. Intellectual Property

9.1 Birdie's IP

The Birdie platform, including all software, design, trademarks, and documentation, is the property of Birdie Studio ApS. These Terms do not grant you any rights to Birdie's intellectual property beyond the limited licence to use the platform.

9.2 Feedback

If you provide feedback, suggestions, or ideas about Birdie, you grant Birdie Studio ApS a royalty-free licence to use such feedback for any purpose without restriction or compensation to you.

10. Confidentiality

Each party agrees to maintain the confidentiality of the other party's non-public information and not to disclose it to third parties, except as necessary to perform obligations under these Terms or as required by law.

11. Limitation of Liability

To the maximum extent permitted by applicable law:

• Birdie Studio ApS is not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities
• Birdie Studio ApS's total aggregate liability arising out of or relating to these Terms shall not exceed the fees paid by you to Birdie Studio ApS in the 12 months preceding the claim
• These limitations apply regardless of the form of action and whether Birdie Studio ApS has been advised of the possibility of such damages

Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.

12. Disclaimer of Warranties

The Birdie platform is provided ‘as is’ and ‘as available’. Birdie Studio ApS makes no warranties, express or implied, regarding the platform, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

In particular, Birdie Studio ApS does not warrant that AI-generated outputs will be accurate, complete, or fit for any specific purpose.

13. Termination

13.1 Termination by You

You may cancel your subscription at any time. Cancellation will take effect at the end of the current billing period.

13.2 Termination by Birdie

Birdie Studio ApS may suspend or terminate your access if you breach these Terms, fail to pay fees, or if required to comply with applicable law.

13.3 Effect of Termination

Upon termination, your access to the platform will cease. Your workspace content will be retained for up to 30 days following termination, after which it will be permanently deleted. Account and billing records are retained for 5 years for legal and tax purposes.

14. Changes to These Terms

Birdie Studio ApS may update these Terms from time to time. We will notify you of material changes at least 30 days before they take effect, via email or an in-product notice. Continued use of Birdie after changes take effect constitutes acceptance of the updated Terms.

15. Governing Law & Dispute Resolution

These Terms are governed by the laws of Denmark. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the Danish courts, with Copenhagen City Court (Københavns Byret) as the court of first instance.

16. Contact

For questions about these Terms, please contact:

• Email: support@birdie.studio
• Address: Birdie Studio ApS, Rosenvaengets Allé 11, 2100 København Ø, Denmark