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Terms and Conditions

Last updated: May 10, 2026

These Terms and Conditions ("Terms") govern your access to and use of Delegate (the "Service"), operated by BirdAI ("we", "us", or "our"). Please read them carefully. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Introduction & Acceptance

These Terms form a legally binding agreement between you and BirdAI. By creating an account, accessing the Service, or otherwise indicating your acceptance, you confirm that you have read, understood, and agreed to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you are entering into these Terms on behalf of an organization, you represent that you have the authority to bind that organization.

2. Eligibility

The Service is intended for users who are at least 18 years old or have reached the age of majority in their jurisdiction, whichever is greater, and who have full legal capacity to enter into binding contracts. By using the Service, you represent and warrant that you meet these requirements.

3. Description of the Service

Delegate is an AI-assisted productivity platform that lets you create and operate autonomous agents, define and run workflows, schedule recurring tasks, and connect third-party tools (such as calendars, email, and storage providers). The Service relies on large language models, automation infrastructure, and integrations to perform work on your behalf based on the instructions and data you provide.

We may add, modify, or remove features at any time. Some features may be offered as part of paid plans, in beta, or subject to usage limits expressed in credits or other units.

4. Accounts & Account Security

You must register an account to access most features of the Service. You agree to provide accurate, current, and complete information and to keep that information up to date. You are responsible for safeguarding your credentials and for all activity that occurs under your account. Notify us promptly at contact@birdai.ro if you suspect unauthorized access. We are not liable for any loss or damage arising from your failure to comply with this section.

5. Communications

By creating an account, you agree to receive transactional and service-related communications from us, including security notices, billing receipts, product updates, and responses to support requests. We may also send optional product news and marketing messages, which you can decline at any time by following the unsubscribe instructions in those messages or by contacting us.

6. Subscriptions & Credits

Certain features require a paid subscription, the purchase of credits, or both. Plans, billing cycles, included credit allowances, and credit consumption rates are described at the point of purchase. Subscriptions renew automatically at the end of each billing period unless cancelled before the renewal date. Credits do not constitute a stored-value instrument, are not redeemable for cash, and may expire as described at the point of purchase.

You are responsible for all fees, taxes, and charges associated with your account, including those incurred by agents and workflows you operate. Credit usage may vary depending on the AI models, integrations, and tools invoked during execution.

7. Fee Changes

We may change subscription fees, credit prices, or plan structures at any time. Where a change affects an active subscription, we will give you reasonable advance notice through the Service or by email. Changes take effect on the next billing cycle following the notice period. If you do not agree to a change, you may cancel your subscription before it takes effect.

8. Refunds & Right of Withdrawal

Except where required by mandatory law, fees and credits are non-refundable. If you are a consumer in the European Union, you have the right to withdraw from a purchase of digital content or services within 14 days of the order, in accordance with applicable consumer protection law. By beginning to use the Service or consuming credits before the end of the withdrawal period, you expressly request immediate performance and acknowledge that you lose your right of withdrawal once the digital content has been supplied or the service has been fully performed. Refund requests should be sent to contact@birdai.ro.

9. User Content & License

You retain ownership of all content, data, prompts, files, instructions, and other materials you submit to or generate through the Service ("User Content"). You grant us a worldwide, non-exclusive, royalty-free license to host, store, transmit, process, display, and otherwise use User Content solely as necessary to operate, secure, and improve the Service for you, including by routing relevant context to AI providers and integrated third-party tools at your direction.

You represent and warrant that you have the rights necessary to submit User Content and that doing so does not violate any law or third-party right.

10. AI Outputs

The Service uses AI models to generate text, code, summaries, plans, and other outputs ("AI Outputs"). AI Outputs may be inaccurate, incomplete, biased, or otherwise unsuitable for your purpose. You are solely responsible for evaluating AI Outputs before relying on or acting upon them, including before allowing an agent or workflow to take real-world actions on your behalf. AI Outputs are not professional advice.

Subject to applicable law and the terms of any underlying AI provider, you may use AI Outputs for your own purposes. We make no claim of ownership over AI Outputs other than as required to operate the Service. AI systems may produce similar or identical outputs for different users, and you should not assume that any AI Output is unique to you.

11. Acceptable Use

You agree to use the Service in compliance with these Terms, all applicable laws and regulations, and any documentation, policies, or guidelines we publish. You are responsible for the conduct of any agents, workflows, or automated processes you operate through the Service.

12. Prohibited Uses

You agree not to, and not to permit any agent, workflow, or other person acting on your behalf to:

  • Use the Service for any unlawful, fraudulent, deceptive, or harmful purpose.
  • Generate, distribute, or facilitate illegal content, content that exploits or endangers minors, content that infringes intellectual property, or content intended to harass, threaten, or defame any person.
  • Develop or distribute malware, ransomware, spyware, or other malicious code.
  • Send unsolicited bulk communications, conduct phishing campaigns, or impersonate any person or entity.
  • Attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks, including by brute force, credential stuffing, or any form of intrusion.
  • Interfere with or disrupt the integrity, performance, or availability of the Service, including by introducing viruses, overloading infrastructure, or circumventing rate limits.
  • Reverse engineer, decompile, scrape, mirror, or otherwise attempt to derive the source code, models, weights, prompts, or training data of the Service or its providers, except to the extent permitted by law.
  • Use the Service to develop a competing product, to extract underlying models, or to generate training data for foundation models without our prior written consent.
  • Submit personal data of third parties without a lawful basis or input regulated data (such as health or financial data) where you are not authorized to do so.
  • Bypass any technical or contractual access controls, usage limits, watermarks, or attribution requirements.

We may investigate suspected violations and take appropriate action, including warning, suspending, or terminating accounts and removing content.

13. Third-Party Integrations

The Service can connect to and interact with third-party products and services, including calendar, email, messaging, storage, payment, and AI providers ("Third-Party Services"). Your use of any Third-Party Service is governed by that provider's own terms and privacy policy. By authorizing a connection, you direct us to exchange data with the Third-Party Service on your behalf. We are not responsible for the availability, accuracy, security, or content of any Third-Party Service, and connecting to one may transfer your data outside the Service.

14. Intellectual Property

The Service, including all software, models we develop, designs, text, graphics, logos, and the "Delegate" and "BirdAI" names and marks, is owned by BirdAI or its licensors and is protected by copyright, trademark, trade secret, and other intellectual property laws. No license or right is granted to you other than the limited right to use the Service in accordance with these Terms. All rights not expressly granted are reserved.

15. Feedback

If you provide us with suggestions, ideas, improvements, or other feedback about the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free, transferable, sublicensable license to use, reproduce, modify, and exploit the Feedback for any purpose, without compensation or attribution. You waive any moral rights in the Feedback to the extent permitted by applicable law.

We respect intellectual property rights. If you believe that content available through the Service infringes your copyright or other intellectual property rights, please send a written notice to contact@birdai.ro that includes:

  • Identification of the work claimed to be infringed.
  • Identification of the allegedly infringing material and its location.
  • Your contact information.
  • A statement that you have a good-faith belief that the use is not authorized by the rights holder, its agent, or the law.
  • A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the rights holder.
  • Your physical or electronic signature.

We may remove or disable access to allegedly infringing material and may terminate the accounts of repeat infringers. The submitter of the contested content may file a counter-notice with equivalent information.

The Service may contain links to websites, products, or services that we do not own or control. We are not responsible for the content, policies, or practices of those resources, and providing a link does not imply endorsement.

18. Service Availability & Modifications

We aim to keep the Service available, but we do not guarantee uninterrupted, error-free, or secure operation. The Service may be unavailable due to scheduled maintenance, updates, outages of underlying providers, or events outside our control. We may modify, suspend, or discontinue any part of the Service at any time, with or without notice. Where a change materially reduces functionality of a paid plan, we will use reasonable efforts to provide advance notice.

19. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL CONTENT, AI OUTPUTS, AND THIRD-PARTY SERVICES ACCESSED THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, AND QUIET ENJOYMENT. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE TIMELY, SECURE, OR ERROR-FREE, OR THAT AI OUTPUTS WILL BE ACCURATE OR RELIABLE.

20. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BIRDAI AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED EUROS (€100).

Nothing in these Terms excludes or limits our liability for fraud, gross negligence, wilful misconduct, death or personal injury caused by our negligence, or any other liability that cannot be excluded or limited under Romanian law.

21. Indemnification

You agree to defend, indemnify, and hold harmless BirdAI and its affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your User Content, your use of the Service, your violation of these Terms, or your infringement of any third-party right. We reserve the right to assume the exclusive defense of any matter subject to indemnification, in which case you agree to cooperate.

22. Termination

You may stop using the Service and close your account at any time. We may suspend or terminate your access to the Service, with or without notice, if we believe you have violated these Terms, if your use poses a risk to the Service or other users, if required by law, or if continuing to provide the Service to you becomes commercially impracticable.

Upon termination, your right to use the Service ends immediately. Sections that by their nature should survive termination (including User Content licenses already granted, Feedback, intellectual property, disclaimers, limitations of liability, indemnification, governing law, and miscellaneous) will survive.

23. Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of Romania, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. The competent courts of Romania will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, except where mandatory consumer-protection law in your country of residence grants you a different forum.

24. Changes to These Terms

We may update these Terms from time to time to reflect changes to the Service, our business, or applicable law. When we make material changes, we will update the "Last updated" date at the top of this page and provide notice through the Service or by email before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms.

25. Severability & Waiver

If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision is not a waiver of that right or provision.

26. Entire Agreement

These Terms, together with the Privacy Policy and any plan-specific terms or order forms, constitute the entire agreement between you and us regarding the Service and supersede any prior agreements between you and us with respect to the Service.

27. Contact

Questions about these Terms? Contact us at contact@birdai.ro.