Last updated: January 1, 2026
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.
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.
"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 the usage policy published by HeyBirdy that may apply to features, message volumes, storage, or other resource limits.
Subject to your compliance with this Agreement and applicable law, HeyBirdy will make the Services available to you during the subscription term.
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.
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.
You are responsible for:
We may suspend or restrict access if we reasonably believe your account is compromised, used unlawfully, or used in breach of this Agreement.
You will not, and will not permit any Agent, client, or Chat Participant to:
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:
If the Services include AI-assisted features ("AI Features"), you may submit inputs and receive outputs. Inputs and outputs are part of Customer Data.
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.
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.
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.
You will not use AI Features to:
As between the parties, Customer retains all rights to Customer Data. HeyBirdy does not acquire ownership of Customer Data.
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.
We may create and use aggregated or de-identified data that does not identify any individual for analytics, quality assurance, and product improvement.
Our Privacy Policy is incorporated by reference and forms part of this Agreement. If you are a business customer, a Data Processing Addendum (DPA) may apply.
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.
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.
If you provide suggestions or feedback, you grant HeyBirdy a royalty-free right to use it without restriction or obligation.
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.
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.
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.
We may suspend access for overdue fees. We may charge late fees to the maximum extent permitted by law.
Fees exclude taxes unless stated otherwise. You are responsible for applicable taxes, duties, and withholdings, except taxes on HeyBirdy's net income.
Each party may receive the other party's confidential information. The recipient will:
Confidential information does not include information that is public through no fault of the recipient, independently developed, or lawfully received from a third party.
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.
You will defend and indemnify HeyBirdy and its affiliates against third-party claims arising from:
To the maximum extent permitted by law:
Some jurisdictions do not allow certain limitations, so these may not fully apply to you.
This Agreement continues until your subscription expires or is terminated.
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.
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.
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.
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.
Neither party is liable for delays caused by events beyond reasonable control.
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.
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.
Questions about these Terms can be sent to: legal@heybirdy.ai