Terms of Service

1. The agreement

These terms form an agreement between you (the "Customer") and Medory AI Technologies FZE, Dubai, United Arab Emirates, trading as Birdwink. By creating a workspace or using the service you accept them. If you are accepting on behalf of a company, you confirm you are authorised to do so.

2. The service

Birdwink is a hosted Marketing and Sales CRM: advertising analytics, conversations, leads, pipeline, reporting, automations and integrations, delivered over the internet. We may add, change or remove features, and we will not materially reduce core functionality during a paid term without telling you.

3. Trials

A free trial runs for 14 days from workspace creation, requires no payment card, and ends automatically. We may extend or vary a trial at our discretion. Trial workspaces carry no uptime commitment, and data in an expired trial is deleted after 30 days unless you subscribe.

4. Subscriptions and payment

Subscriptions are per workspace, billed monthly or annually in advance, and renew automatically until cancelled. Fees are stated exclusive of VAT and any other applicable tax, which is added where required.

Cancel at any time from within the product; access continues to the end of the paid period. We do not refund part-used periods except where the law requires it.

We may change prices with 30 days written notice, effective at your next renewal.

5. Unlimited team members, and fair use

Every plan includes unlimited user accounts. "Unlimited" applies to people, not to infrastructure.

We reserve the right to apply fair-use limits to infrastructure-heavy activity — extreme API call volumes, bulk data operations, automation loops, or storage and event volumes far beyond normal operation for a business of your size. We will always contact you and offer a plan that fits before restricting anything.

Fair use is not a pretext for charging per seat. It exists so one extreme workload cannot degrade the service for everyone else.

6. Third-party fees

Messaging and telecommunications charges levied by providers such as WhatsApp Business, SMS gateways or call-tracking carriers are not part of your Birdwink subscription. They are billed by that provider, or passed through to you at cost where we are the billed party, and we will tell you which applies before you connect the channel.

Advertising spend on Google, Meta, LinkedIn, TikTok or any other platform is always yours and never flows through us.

7. Your data

You own your data. We claim no rights over it beyond what is needed to provide the service, and we do not sell it or use it to train models.

You can export everything as CSV at any time without asking us. On termination we retain your data for 30 days so you can export or reactivate, then delete it.

Where we process personal data on your behalf we act as processor under our Data Processing Agreement, available on request and incorporated into these terms by reference.

8. Your responsibilities

You are responsible for the accuracy of the data you upload and for having a lawful basis to process it, including consent where required for marketing or messaging.

You will keep account credentials secure, ensure your users comply with these terms, and not use Birdwink to send unlawful, deceptive or unsolicited bulk messages, to breach a third party’s rights, or to attempt to compromise the service or another customer’s data.

You will comply with the terms of any platform you connect, including WhatsApp Business policy and each advertising platform’s terms.

9. Availability and support

We aim for 99.9% monthly availability, excluding scheduled maintenance announced in advance and events outside our reasonable control. Enterprise agreements may carry a specific service level with remedies.

Support is by email at contact@birdwink.com, with a target first response of one business day. Setup assistance is included on all plans.

10. Intellectual property

Birdwink, its software, design and brand remain ours. You receive a non-exclusive, non-transferable right to use the service during your subscription. You may not copy, resell, reverse engineer or create a competing product from it.

If you send us feedback we may use it without obligation, and it will never contain your customer data.

11. Suspension and termination

We may suspend a workspace for non-payment after written notice, or immediately where use threatens the security or lawful operation of the service. We will restore access once the cause is resolved.

Either party may terminate for material breach that is not remedied within 30 days of written notice. You may cancel at any time for any reason.

12. Warranties and liability

The service is provided with reasonable skill and care. Beyond that, and to the extent the law allows, it is provided as is without further warranty, and we do not warrant that it will be uninterrupted or error-free.

Neither party is liable for indirect or consequential loss, or for loss of profit, revenue, goodwill or anticipated savings. Our total liability in any 12-month period is limited to the fees you paid in that period.

Nothing here excludes liability that cannot lawfully be excluded, including for fraud or death and personal injury caused by negligence.

13. Changes to these terms

We may update these terms. Material changes will be emailed to account holders at least 30 days before they take effect, and continuing to use Birdwink after that date means you accept them. If you do not, you may cancel before they apply.

14. Governing law

These terms are governed by the laws of the United Arab Emirates, and the courts of Dubai have exclusive jurisdiction, without prejudice to any mandatory consumer or data protection rights in your own country.