Terms of Service

1. This agreement

These terms are between [to confirm: registered entity name] (“we”) and the organisation whose workspace this is (“you”). They apply when you create a workspace or sign an order for one. A signed agreement, where we have one with you, takes precedence over this page.

2. What the service does

Talking Bird indexes documents and data you connect to it, and answers questions about them. Figures in an answer are calculated from your rows; passages are quoted with the file named. It is a tool for finding and presenting your own information, and it is not professional advice — legal, financial, medical or otherwise.

Language models get things wrong. Answers should be checked before they are relied on for a decision that matters, which is exactly why every answer carries its sources.

3. Your account

• You are responsible for who you invite into your workspace and what they can reach. Administrators can restrict members to particular files and particular rows.
• Keep sign-in credentials secure and tell us promptly if you believe an account has been compromised.
• You must have the right to put into the workspace whatever you connect or upload, including where it contains other people’s personal data.

4. Plans, questions and billing

Plans are billed annually per organisation rather than per seat, in Indian Rupees, exclusive of applicable taxes. The current plans and allowances are on the pricing page.

• There is no checkout. You apply, a person talks to you, and the plan is set up and invoiced by hand. Payment terms are [to confirm: payment terms, e.g. net 30].
• Questions are metered. One question on the standard model counts as one; on the larger models it counts as ten or twenty, because they cost that much more to answer. Transcribing a scanned page counts as a quarter. Indexing, storage and syncing are not metered at all, and neither are questions answered with your own model key.
• Going over the allowance. On a paid plan, further questions are billed at ₹2 each monthly in arrears and you are not cut off mid-sentence. On the free plan the meter simply stops at the limit, so a free workspace can never generate an invoice.
• Usage is visible. Alerts are sent to workspace administrators at 70%, 85% and 100% of the included questions.
• Founding pricing. Where we have agreed a founding rate with you, it holds for as long as your subscription runs continuously.

5. Your data stays yours

You keep all rights in everything you connect or upload, and in the answers produced from it. You grant us only the permission needed to run the service for you: to store that content, index it, and send relevant passages to the language model in order to answer a question.

We do not use your content to train models, and neither does the model provider we use. We do not use it to improve the product for anyone else. What we hold and for how long is set out in the privacy policy.

6. Acceptable use

You agree not to use Talking Bird to:

• break the law, infringe someone else’s rights, or process data you have no right to process;
• attack, probe or overload the service, or attempt to reach another customer’s workspace;
• resell or white-label the service without a written agreement letting you do so;
• send bulk unsolicited email through a connected mailbox. A person always presses send, and that person is responsible for the message.

7. Bringing your own model

On a paid plan you may supply your own provider key. Those questions are not metered by us, and in exchange that provider’s terms, pricing, availability and data handling apply to them rather than ours. We are not responsible for what your provider does with the passages we send on your instruction.

8. Availability and support

We aim to keep the service available continuously and will give advance notice of planned maintenance where we can. Our committed service level is [to confirm: uptime commitment, or state that none is offered] and our support response target is [to confirm: support response times by plan].

9. Confidentiality

Each side will keep the other’s non-public information confidential and use it only to make this agreement work. Our obligations over your workspace content continue for as long as we hold it, and survive the end of this agreement.

10. Liability

Neither side excludes liability for anything that cannot lawfully be excluded. Subject to that, neither side is liable for indirect or consequential loss, or for loss of profit, revenue or anticipated savings, and each side’s total liability is capped at [to confirm: liability cap, commonly the fees paid in the preceding 12 months].

The service is provided as it is. Because answers come from a language model, we do not warrant that every answer will be correct or complete — we give you the sources so you can check.

11. Ending the agreement

• A subscription runs for its term and renews unless either side gives [to confirm: notice period before renewal] notice.
• Either side may end the agreement if the other breaches it materially and does not fix it within 30 days of being told.
• On the way out you can take your data with you. You may export your content before the workspace closes, and we will delete what remains in line with the retention periods in the privacy policy.

12. Changes to these terms

We may update these terms. For a change that materially affects you we will tell workspace administrators before it takes effect, and if it is to your material detriment you may end the subscription and take a refund of the unused part of the term.

13. Governing law

These terms are governed by the laws of India, and the courts of [to confirm: city of jurisdiction] have exclusive jurisdiction.