Terms of Service

Last updated: October 19, 2026

About HeyBirdy.ai

The services provided by Shoppertise Sdn Bhd (201301034266 (1064096-H)) ("HeyBirdy", "we", "us", "our") consist of an omnichannel messaging and automation platform that helps businesses manage conversations across supported channels, apply SOP and policy rules, route and escalate conversations, and use related tools and APIs we offer from time to time (collectively, the "Services").

A "Customer" is the entity or individual that signs up for an account or enters into an order form or service agreement with us.

1. About These Terms

These Terms of Service ("Agreement") form a binding agreement between you (the Customer) and HeyBirdy. This Agreement becomes effective on the earlier of (a) the date you create an account, (b) the date you click to accept these terms, or (c) the effective date of an order form or service agreement (the "Effective Date").

By creating an account, accessing, or using the Services, you confirm that you have read and agree to this Agreement and that you have authority to bind the Customer.

If you do not agree, do not use the Services.

2. Definitions

"Agent" means a Customer-authorised individual who accesses the Services on Customer's behalf.

"Chat Participant" means an end user or individual who communicates with the Customer through a supported channel.

"Customer Data" means all data, content, messages, files, SOPs, policies, prompts, records, and information that Customer or its Agents, affiliates, clients, or Chat Participants submit to, transmit through, or process using the Services, including all related intellectual property rights.

"Third-Party Messaging Platforms" means third-party platforms and channels integrated with or used in connection with the Services (for example, WhatsApp, Facebook Messenger, Instagram, LINE, WeChat, SMS providers, and others we may support).

"API" means HeyBirdy's application programming interfaces, documentation, webhooks, and related materials.

"Order Form" means an ordering document or online checkout that specifies a subscription plan, add-ons, term, and fees.

"Fair Use Policy" means HeyBirdy's usage policy for features, message volumes, storage, and other resource limits, available on request from [email protected].

3. The Services

3.1 Provision of the Services

Subject to your compliance with this Agreement and applicable law, HeyBirdy will make the Services available to you during the subscription term.

3.2 Third-Party Dependencies

Your use of Third-Party Messaging Platforms is subject to their terms, policies, and technical requirements. You are responsible for obtaining and maintaining any required approvals, keys, verified accounts, and permissions (including through your clients where applicable). HeyBirdy is not responsible for third-party outages, policy changes, account rejections, or limitations imposed by Third-Party Messaging Platforms.

3.3 Changes to the Services

We may modify, update, or discontinue parts of the Services (including features, plans, and limits). If a change materially reduces core functionality of a paid subscription, we will provide reasonable notice. Continued use of the Services after changes take effect constitutes acceptance.

4. Accounts, Security, and Administration

You are responsible for:

keeping account credentials secure;
ensuring only authorised Agents access the Services;
promptly notifying us of suspected unauthorised access.

We may suspend or restrict access if we reasonably believe your account is compromised, used unlawfully, or used in breach of this Agreement.

5. Acceptable Use

You will not, and will not permit any Agent, client, or Chat Participant to:

violate any law, regulation, or third-party rights;
send messages without the required legal consents;
send unlawful, deceptive, harassing, abusive, hateful, or sexually explicit content;
distribute malware, spam, or deceptive links;
attempt to gain unauthorised access to the Services or related systems;
reverse engineer, decompile, or attempt to discover source code except to the extent permitted by law;
use the Services to build or offer a competing product or service;
overload or interfere with the Services, including denial-of-service attempts;
use automated scraping or data extraction outside permitted APIs.

We may suspend or terminate accounts for violations.

You are solely responsible for compliance with all laws and regulations governing messaging, marketing, and privacy, including consent, opt-out, and sender identification requirements (for example, TCPA, CAN-SPAM, PECR, and local equivalents).

You represent and warrant that:

you have obtained all legally required consents and authorisations for communications you send through the Services;
your messages include required opt-out mechanisms where applicable;
you comply with the terms of each Third-Party Messaging Platform used.

7. AI Features

7.1 Inputs and Outputs

If the Services include AI-assisted features ("AI Features"), you may submit inputs and receive outputs. Inputs and outputs are part of Customer Data.

7.2 Accuracy and Human Review

AI outputs may be incomplete, inaccurate, or inappropriate. You are responsible for reviewing outputs before use, especially for high-stakes contexts. Do not use AI outputs as the sole basis for legal, medical, financial, employment, housing, insurance, or similarly significant decisions about any person.

7.3 Usage Limits

AI Features may be subject to plan-based limits and Fair Use Policy. We may throttle, degrade, or suspend AI Features if usage exceeds limits, and we may require purchase of additional usage.

7.4 Third-Party AI Providers

Some AI Features may rely on third-party AI providers. To provide AI Features, we may disclose limited Customer Data and usage data to those providers under contractual protections.

7.5 Restrictions

You will not use AI Features to:

develop or offer competing AI products or model services;
mislead end users that AI output is human-generated where disclosure is legally required;
violate our acceptable use rules or third-party provider policies.

8. Customer Data and Privacy

8.1 Customer Data Ownership

As between the parties, Customer retains all rights to Customer Data. HeyBirdy does not acquire ownership of Customer Data.

8.2 Use of Customer Data to Provide the Services

HeyBirdy may process Customer Data only to provide, secure, maintain, and support the Services, and as otherwise permitted by this Agreement, the Order Form, and our Privacy Policy.

8.3 Aggregated and De-identified Data

We may create and use aggregated or de-identified data that does not identify any individual for analytics, quality assurance, and product improvement.

8.4 Privacy Policy and DPA

Our Privacy Policy is incorporated by reference and forms part of this Agreement. If you are a business customer, our Data Processing Addendum (DPA) applies to the personal data we process on your behalf; a copy is available on request from [email protected].

9. Intellectual Property

9.1 HeyBirdy Property

HeyBirdy retains all rights, title, and interest in the Services, platform, API, documentation, and related technology, including any improvements or updates ("HeyBirdy Property"). The Services are licensed, not sold.

9.2 API License

Subject to this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license during the subscription term to use the API solely to integrate your systems with the Services.

9.3 Feedback

If you provide suggestions or feedback, you grant HeyBirdy a royalty-free right to use it without restriction or obligation.

10. Trademarks

Each party retains ownership of its trademarks and logos. With your permission, we may display your name and logo as a customer reference. You may revoke this permission by written notice, and we will remove it within a reasonable time.

11. Fees, Billing, and Taxes

11.1 Fees

You will pay the fees set out in your Order Form or subscription plan. Unless stated otherwise, fees are billed in advance and are non-refundable.

11.2 Third-Party Charges

Third-Party Messaging Platforms may charge separate fees (for example, WhatsApp conversation fees). Those fees are your responsibility and may change at the third party's discretion.

11.3 Late Payments

We may suspend access for overdue fees. We may charge late fees to the maximum extent permitted by law.

11.4 Taxes

Fees exclude taxes unless stated otherwise. You are responsible for applicable taxes, duties, and withholdings, except taxes on HeyBirdy's net income.

12. Confidentiality

Each party may receive the other party's confidential information. The recipient will:

use it only to perform under this Agreement;
protect it using reasonable care; and
disclose it only to personnel and advisors with a need to know and confidentiality obligations.

Confidential information does not include information that is public through no fault of the recipient, independently developed, or lawfully received from a third party.

13. Warranties and Disclaimers

Except as expressly stated in an Order Form, the Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation.

14. Indemnity

You will defend and indemnify HeyBirdy and its affiliates against third-party claims arising from:

Customer Data;
your messages and communications sent through the Services;
your breach of this Agreement or applicable law;
your use of Third-Party Messaging Platforms;
your integrations, systems, or applications used with the Services.

15. Limitation of Liability

To the maximum extent permitted by law:

HeyBirdy will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption.
HeyBirdy's total aggregate liability under this Agreement will not exceed the fees paid by you for the Services in the 12 months immediately before the event giving rise to the claim.

Some jurisdictions do not allow certain limitations, so these may not fully apply to you.

16. Term and Termination

16.1 Term

This Agreement continues until your subscription expires or is terminated.

16.2 Termination for Convenience

Unless an Order Form states otherwise, you may cancel at the end of your current billing period by following the in-app process or by contacting support.

16.3 Termination for Cause

Either party may terminate for material breach if not cured within 30 days after written notice. Either party may terminate immediately if the other becomes insolvent.

16.4 Effect of Termination

Upon termination, your access ends. We will handle Customer Data as described in the Order Form, DPA (if any), and Privacy Policy. Fees owed up to termination remain payable.

17. General

17.1 Assignment

You may not assign this Agreement without our prior written consent. We may assign this Agreement in connection with a merger, acquisition, or sale of substantially all assets.

17.2 Force Majeure

Neither party is liable for delays caused by events beyond reasonable control.

17.3 Governing Law

Unless an Order Form states otherwise, this Agreement is governed by the laws of Malaysia, and the parties submit to the non-exclusive jurisdiction of the courts of Malaysia.

17.4 Changes to These Terms

We may update these Terms from time to time. If you continue using the Services after updated terms take effect, you agree to the updated terms.

17.5 Contact

Questions about these Terms can be sent to: [email protected]