The agreement behind EarlyBird

EarlyBird AI - Terms of Service, Privacy Policy, and Data Processing Addendum (DPA) This consolidated document comprises (a) the EarlyBird AI Terms of Service, (b) the EarlyBird AI Privacy Policy, and (c) the EarlyBird AI Data Processing Addendum. This Terms of Service and Privacy Policy is made as of November 8, 2025 (the "Effective Date") by and between EarlyBird AI, LLC, a Virginia limited liability company ("EarlyBird", "we", "us", or "our"), with its principal address at 1521 Boyd Pointe Way, 3402, Tysons, VA 22182, and each customer that creates an account to access or use EarlyBird's services ("Customer" or "you"). EarlyBird provides an AI virtual receptionist software-as-a-service solution that handles inbound telephone calls for business customers. Covered domains and applications include oneearlybird.ai, oneearlybird.com (which redirects to oneearlybird.ai), and m.oneearlybird.ai. Acceptance of the Terms of Service occurs via clickwrap at account creation and again when enabling integrations or materially changing settings; EarlyBird may update these Terms of Service and the Privacy Policy from time to time by providing notice via email or in-product, and continued use after the effective date of updates constitutes acceptance. Contact information: admin@oneearlybird.ai (legal/compliance), support@oneearlybird.ai (support), billing@oneearlybird.ai (billing), and report@oneearlybird.ai (security/abuse). NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Terms of Service 1. Overview And Service Description. a. Service. EarlyBird provides an AI virtual receptionist that handles inbound telephone calls for business customers in the United States (the "Service"). The Service can greet callers, answer frequently asked questions, route or transfer calls, and book, modify, or cancel appointments using Customer-connected calendars and/or CRMs. The Service does not place outbound calls and does not support SMS/MMS at this time. b. Managed telephony. Telephone numbers may be provisioned or ported through third-party telephony providers (e.g., Twilio), and inbound call handling is supported. The Service does not provide access to emergency services (e.g., 911) and must not be used for mission-critical or life-safety situations. EarlyBird does not guarantee uninterrupted service for emergency or life-safety purposes. c. Definitions. "Customer Content" means call audio, transcripts, caller metadata, prompts, and data synchronized from Customer's integrations and other content submitted to or processed by the Service on Customer's behalf. "Account Data" means Customer's and its users' administrative, billing, and usage information processed by EarlyBird as a controller as described in the Privacy Policy. 2. Eligibility, Accounts, And Access. a. Eligibility and territory. The Service is offered only to businesses operating in the United States and may only be used within the United States. By creating an account, Customer represents and warrants that it is a business entity operating in the United States and will use the Service only in the United States. b. Account setup. Customer must provide accurate and complete business information and keep it current. Customer remains responsible for its users' compliance with these Terms of Service and for safeguarding all credentials associated with its account. c. Admin and seats. Customer's designated admin user(s) may invite and manage additional users/seats. Customer is responsible for all actions taken under its account by any user it authorizes or permits to access the Service. d. Verification. EarlyBird may require verification of ownership (such as phone number verification) for certain features, including disabling recording or disclosures. 3. Free Trial. a. Trial period and limits. EarlyBird may offer a free trial for up to 14 days or up to 100 minutes of inbound call handling on the Service, whichever occurs first. A valid payment method is required at signup. b. Auto-billing and default plan. At the earlier of 14 days or 100 minutes, the trial ends and billing will commence for the plan the Customer selected at signup. If no plan was selected, billing will commence for the $149 plan by default. c. Cancellation. Customer may cancel at any time before the earlier of 14 days or 100 minutes to avoid charges. After the trial ends, the subscription begins unless canceled in accordance with these Terms of Service. 4. Plans, Usage, Billing, And Taxes. a. Plan tiers and auto-renewal. Plans are monthly and auto-renewing unless canceled. Current plan tiers are: (a) $149 per month with 200 included minutes; (b) $249 per month with 400 included minutes; and (c) $399 per month with 800 included minutes. b. Overage. Usage beyond included monthly minutes is billed at $0.50 per minute. Usage is metered in seconds and rounded up to the next whole minute for billing purposes. EarlyBird will provide dashboard and/or email notifications when usage approaches plan limits; however, Customer is solely responsible for all usage and any overage. c. Billing and payments. Charges are processed by Stripe (or its affiliates) and may include applicable sales, use, or similar taxes. Customer authorizes EarlyBird and Stripe to charge the payment method on file for recurring subscription fees, overage, taxes, and any other applicable charges. Invoices, receipts, and tax calculations are handled by Stripe. Customer is responsible for all taxes that may be imposed on the Service, other than taxes based on EarlyBird's net income. d. Changes to pricing. EarlyBird may change fees by providing prior notice (e.g., at least 30 days), with such changes becoming effective in the next billing cycle unless otherwise stated in the notice. e. Charge failures and suspension. If a payment attempt fails, EarlyBird will provide notice and a reasonable opportunity to cure. If unresolved, EarlyBird may suspend or terminate access to the Service until amounts due are paid. 5. Credits, Refunds, And Outages. a. No SLA. The Service is provided "as available" without a guaranteed service level. b. Material outage credits. A "Material Outage" is more than 12 consecutive hours of Service unavailability caused by EarlyBird's systems (and not solely by third-party outages), provided that third-party outages that materially impact EarlyBird's Service may be considered in EarlyBird's discretion. Upon written request, EarlyBird may issue a prorated Service credit or refund based on the remaining minute balance at the time of the outage. Credits and refunds are not automatic and must be requested; there is currently no monthly cap on such credits or refunds. c. Third-party outages. Outages or degradations attributable to third-party providers (e.g., AWS, Twilio, ElevenLabs, AWS Transcribe, Stripe) are disclaimed to the extent permitted by law. EarlyBird has no obligation to provide credits or refunds for third-party outages unless they materially impact EarlyBird's Service, in which case EarlyBird may, at its discretion, provide a prorated credit or refund as described above. 6. Recording, Consent, And Call Compliance. a. Defaults. Call recording is ON by default for all inbound calls. The AI agent will announce the recording at the start of the call through a configurable prompt, with spoken disclosure enabled by default nationwide. b. Disabling recording/disclosure. EarlyBird may offer, on a per-number or per-line basis, the option to disable recording and/or the spoken disclosure. To disable, Customer must complete an in-product, gated workflow that includes: (a) toggling the setting; (b) verifying ownership via SMS or automated call to a verified business number and providing the verification code; and (c) affirmatively acknowledging Customer's responsibility and liability for legal compliance. EarlyBird will capture and retain audit logs of the user ID, account, timestamp, IP address, phone number, and the exact warning/acknowledgment text accepted. c. Customer responsibilities. Customer is solely responsible for obtaining and maintaining all legally required notices and consents related to call recording, monitoring, and processing of calls and caller information, including but not limited to requirements in "two-party consent" states. Customer is responsible for compliance with all applicable call-recording, privacy, consumer protection, and related laws (including, as applicable, laws of California, Connecticut, and any other relevant jurisdictions). Customer is responsible for determining whether the Service is appropriate for Customer's use case, including sector-specific regulations (e.g., financial or health sectors). EarlyBird may re-enable disclosures or suspend Services if EarlyBird reasonably believes Customer's use is unlawful or presents a material risk. EarlyBird does not provide legal advice. d. Default disclosure script. Unless configured otherwise by Customer, the following disclosure will be presented at call start: "Hello, this is the virtual receptionist for [Customer Name]. This call may be monitored or recorded. How can I help you today?" 7. Customer Prompts, Content, And Responsibilities. a. Prompts and configuration. Each AI agent operates from Customer-provided prompts and business configuration (e.g., name, hours, locations, pricing, FAQs, scripts). Customer is solely responsible for the accuracy, legality, and completeness of such prompts and content. EarlyBird may review for safety and compliance and may suspend or disable use that is unlawful, unsafe, or violates these Terms of Service. b. Prohibited and sensitive data. The Service is not designed to receive, store, or process protected health information ("PHI"), and EarlyBird does not enter into business associate agreements. Customer must not input or process PHI using the Service. EarlyBird may use tooling (e.g., AWS Macie or similar) to flag potential sensitive data but does not assume HIPAA obligations. Customer must not collect or solicit payment card numbers or other highly sensitive information via calls unless Customer has a lawful basis and appropriate safeguards in place and such collection is consistent with these Terms of Service. c. Acceptable use. Customer must not use the Service to: (a) violate any law or infringe third-party rights; (b) harass, harm, or promote hate, violence, or spam; (c) bypass consent, privacy, or recording laws; (d) scrape credentials, secrets, or other sensitive data; (e) infringe intellectual property; or (f) contact or serve emergency services. EarlyBird may suspend or terminate access for violations. 8. Integrations, Crms, And Permissions. a. Authorized connections. Customer may connect third-party services using OAuth or API tokens, including calendars (Google, Microsoft) and CRMs/business systems (e.g., Salesforce, Zoho, HubSpot, ServiceTitan, Calendly, Zapier). b. Scope and least privilege. Subject to Customer authorization, EarlyBird accesses only the minimum permissions necessary, which may include reading and writing contacts, viewing calendars and scheduling links, and creating/modifying/canceling events, as well as basic account metadata to perform receptionist tasks. The Service does not access email inboxes at this time. c. Customer control. Customer may connect or disconnect integrations via the dashboard and may revoke access at any time. Revocation may limit or disable certain functionality. d. Third-party terms. Customer agrees to the applicable terms and privacy policies of any third-party provider whose services Customer connects. EarlyBird is not responsible for such third parties' acts or omissions. 9. Data Ownership, License, And Use. a. Ownership. As between the parties, Customer owns all right, title, and interest in and to Customer Content. EarlyBird owns the Service, its software, models, documentation, and all related intellectual property. b. License to EarlyBird. Customer grants EarlyBird a limited, non-exclusive, worldwide license to access, use, process, store, and transmit Customer Content: (a) to provide, operate, maintain, secure, support, and improve the Service; (b) to ensure safety, prevent fraud/abuse, and comply with law; and (c) to create de-identified or aggregated data for Service improvement and analytics. EarlyBird will not use Customer Content to train general-purpose AI models for EarlyBird's own unrelated purposes without Customer's consent. c. Feedback. Customer grants EarlyBird a perpetual, irrevocable, royalty-free license to use feedback or suggestions provided by Customer to improve the Service, without attribution or compensation. 10. Security And Privacy Summary. a. Security controls. EarlyBird employs encryption in transit and at rest; AWS S3 with AWS KMS; tenant-isolated storage using tenant IDs and service-account tokens; subdomain assignment per tenant; access controls and audit logging; and tooling (e.g., AWS Macie or similar) that may flag potentially sensitive data. b. Data residency. Customer Content is stored and backed up exclusively in U.S. AWS regions (currently us-east-1) and is not replicated outside the United States. c. Privacy Policy link. Additional details about data categories, retention, and rights are set forth in the Privacy Policy below. 11. Subprocessors And Third-Party Services. a. Subprocessors. EarlyBird uses subprocessors to support the Service, including Amazon Web Services (S3, KMS, CloudWatch, CloudTrail, GuardDuty, Macie), Twilio (telephony/voice), ElevenLabs (text-to-speech), AWS Transcribe (or Twilio speech) (speech-to-text), Stripe (billing/tax), Google Analytics (no Ads/Advertising Features), Google Workspace (email/support), a content delivery network provider, and an error logging/monitoring provider, as further described in Exhibit B (Subprocessors). EarlyBird will maintain a live list of subprocessors on its website or in an appendix/exhibit and may update it from time to time. b. Updates and objections. EarlyBird may update subprocessors by posting changes and providing notice, with an opportunity for Customer to object under the DPA. Customer-authorized third-party integrations (e.g., Google/Microsoft calendars, Salesforce, Zoho, HubSpot, ServiceTitan, Calendly, Zapier) are not EarlyBird subprocessors; they are independent services that Customer elects to use and must agree to separately. 12. Data Retention, Export, And Deletion. a. Retention. By default, Customer Content (including call recordings and transcripts) is retained in active systems for 90 days. b. Termination and export. Upon termination or upon Customer's request, Customer Content is deleted from active systems after 90 days by default. Customer may request an export of Customer Content for 30 days following termination; after that window, content may not be recoverable. c. Backups. Backups may persist longer in secure cold storage and are purged on periodic cycles; such backups are not readily accessible. Deletion from backups occurs on the next routine purge cycle. d. Legal holds. EarlyBird may retain limited data as required by law, to resolve disputes, or to enforce agreements. 13. Changes To Service And Terms. a. Service changes. EarlyBird may add, modify, or discontinue features with reasonable notice where feasible. If a change materially reduces the core functionality of the Service, EarlyBird will provide advance notice when practicable. b. Terms updates. EarlyBird may update these Terms of Service by email or in-app notice with the effective date. Continued use after the effective date constitutes acceptance. Material changes will be highlighted in the notice. 14. Disclaimers And Ai-Specific Disclosures. a. AI limitations. AI outputs may be inaccurate or incomplete, and the AI may deviate from scripts. Customer should not rely on the Service for decisions requiring professional judgment without human review. b. No warranties. The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law. c. Third-party dependencies. EarlyBird is not responsible for outages, errors, or delays caused by third-party providers (including AWS, Twilio, ElevenLabs, AWS Transcribe, Stripe) except as expressly provided in Section 5 regarding credits/refunds. d. No legal advice. EarlyBird does not provide legal advice. Customer should consult its own counsel regarding consent and compliance obligations. 15. Limitation Of Liability. a. Exclusions. To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, revenues, data, or goodwill, arising out of or related to these Terms of Service or the Service, even if advised of the possibility of such damages. b. Cap. EarlyBird's aggregate liability arising out of or relating to the Service and these Terms of Service will not exceed the greater of (a) the amounts paid by Customer to EarlyBird for the Service in the 12 months preceding the event giving rise to the liability, or (b) $1,000. c. Carve-outs. The foregoing exclusions and cap do not limit Customer's indemnity obligations, a party's liability for its intentional misconduct, or breaches of confidentiality to the extent such limitation is prohibited by applicable law. d. Third-party outages. To the fullest extent permitted by law, EarlyBird has no liability for third-party outages unless EarlyBird's own systems materially contribute to the outage. 16. Indemnification. a. By Customer. Customer will defend, indemnify, and hold harmless EarlyBird and its affiliates, officers, directors, employees, and agents from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) Customer's violation of call-recording, consent, or privacy laws, including where Customer disables or customizes disclosures; (b) Customer's prompts, scripts, content, contact handling, use of integrations, or unlawful campaigns; or (c) Customer's use of the Service in violation of these Terms of Service or applicable law. b. By EarlyBird (IP). EarlyBird will defend Customer against any third-party claim alleging that the EarlyBird technology used to provide the Service (excluding Customer Content, Customer prompts/scripts, third-party integrations, or Customer modifications) infringes such third party's U.S. intellectual property rights, and will pay damages finally awarded (or amounts agreed in settlement) arising from such claim, provided Customer promptly notifies EarlyBird in writing, EarlyBird has sole control of the defense and settlement, and Customer reasonably cooperates. If the Service is held to infringe or EarlyBird reasonably believes it may infringe, EarlyBird may procure the right for Customer to continue using the Service, modify the Service to be non-infringing, or terminate the impacted functionality and provide a pro rata refund of prepaid fees for the terminated portion. This Section states EarlyBird's entire liability and Customer's exclusive remedy for IP infringement claims. 17. Term, Suspension, And Termination. a. Term. The subscription is month-to-month and auto-renewing until canceled. b. Suspension. EarlyBird may suspend the Service, or re-enable call disclosures, with or without notice if EarlyBird reasonably suspects non-payment, unlawful activity, security risks, or violations of these Terms of Service. c. Termination. Either party may terminate for cause if the other party materially breaches these Terms of Service and fails to cure within a reasonable period after written notice. Customer may cancel at any time; cancellation becomes effective at the end of the then-current paid term unless otherwise required by law. d. Effect of termination. Upon termination or expiration, Customer's access ends; retention and export terms in Section 12 apply; and all accrued fees and overages remain due. 18. Governing Law, Jurisdiction, And Venue. These Terms of Service are governed by the laws of the Commonwealth of Virginia, without regard to conflicts of law principles. The parties consent to the exclusive jurisdiction and venue of the state courts located in Fairfax County, Virginia, and the federal courts of the Eastern District of Virginia, and waive any objection to venue or forum non conveniens. 19. Notices. Notices may be provided by email to the registered admin email, via in-app notifications, or by physical mail. Notices to EarlyBird should be sent to admin@oneearlybird.ai (legal), with copies as applicable to support@oneearlybird.ai (support), billing@oneearlybird.ai (billing), and report@oneearlybird.ai (security/abuse).