Terms of Service

birdmouth is purchasing software for residential builders: websites, applications, inbound email addresses, integrations, AI-assisted features, and related services (together, the Service). Today that centers on receiving supplier emails and documents — quotes, orders, invoices, delivery updates — through your birdmouth inbound address or an inbox you connect, then classifying them, extracting key details, and organizing them by project and supplier for your team to review. The Service will develop over time, and parts of it may be offered free, in early access, as a trial, in beta, or under a paid plan.

A Customer account may have owners or administrators who manage it and Authorized Usersthe Customer permits to use it. Administrators can invite and remove users, see company content and activity, control integrations, and manage the account — the Customer, not the individual employee, controls the account and its content. You are responsible for your Authorized Users’ use of the Service, for keeping account information accurate, and for maintaining a current administrator.

You must provide accurate account information and keep access to your sign-in email secure — anyone who can read that inbox can sign in as you, since birdmouth uses one-time email codes instead of passwords. You must be at least 18 years old and able to enter a binding contract to use birdmouth.

As between you and birdmouth, you retain all rights you have in the emails, documents, data, and other content submitted to or processed through your account (Customer Content). You grant birdmouth a nonexclusive, worldwide license to host, copy, transmit, display, analyze, and otherwise process Customer Content only as necessary to provide, maintain, secure, and support the Service, improve its user-facing functionality, comply with law, and enforce this agreement. Google user data is subject to the stricter limits in the Privacy Policy, which control for that data.

You are responsible for Customer Content: you confirm you have the rights and permissions needed to receive, store, and process it through birdmouth, including anything you forward to teammates, and that it does not violate law or third-party rights.

Data birdmouth is not designed for. Do not submit Social Security numbers or other government identifiers, protected health information, full payment-card numbers, or other highly regulated data. birdmouth is built for purchasing documents and communication, not regulated records, unless we expressly say a feature supports them.

birdmouth uses AI to classify documents and extract details like totals, dates, and project references. AI output can be wrong. birdmouth shows its suggestions for your review, lets you correct them, and always preserves the original document. You are responsible for verifying information you rely on for business decisions — amounts, delivery dates, order details — against the source document, and for maintaining your own copies of records where you are legally or operationally required to keep them.

Use birdmouth for its intended purpose. You agree not to:

• use the Service for anything unlawful, or send unlawful, infringing, or harmful content into it;
• attempt to access another customer’s data, circumvent access controls or usage limits, or probe, disable, or overload the Service;
• use your birdmouth address to send or relay spam, or misrepresent who you are;
• copy, modify, or create derivative works of the Service, or scrape or extract nonpublic Service content or data by automated means;
• resell, sublicense, or provide the Service to third parties outside your company;
• reverse-engineer the Service except where the law says we cannot restrict that; or
• use birdmouth’s confidential information to build a copy of the Service.

Nothing here prohibits lawful competition or independent development without use of our confidential information.

birdmouth and its licensors own the Service — the software, designs, documentation, trademarks, and other technology — including feedback-inspired improvements. We grant you a limited, nonexclusive, nontransferable right to use the Service during your subscription or permitted access period, subject to this agreement. All rights not expressly granted are reserved. If you send us suggestions or feedback, we may use them without obligation to you.

Your quotes, invoices, pricing, supplier relationships, and project information are commercially sensitive, and we treat Customer Content and other nonpublic information you give us as confidential: we use it only to provide the Service as described in this agreement and the Privacy Policy, protect it with reasonable safeguards, and do not disclose it except to service providers bound to equivalent obligations, with your direction or consent, or as required by law (with notice to you where lawful and practical). Likewise, nonpublic information birdmouth marks or reasonably identifies as confidential should not be disclosed by you. These obligations survive the end of this agreement. Information that is public, independently developed, or rightfully received from another source is not confidential.

The Service interoperates with third-party services — for example Google (if you connect Gmail), email providers, AI providers, and, in the future, payment processors. birdmouth does not control third-party services; their availability, security, and terms are their own, and your use of them is governed by their terms. We may add, replace, limit, or discontinue integrations, and will give reasonable notice when a material change significantly affects paid functionality.

We may designate features as beta, preview, or early access. Designated features may be incomplete or experimental, may change or be discontinued without notice, may have limited support or availability, may be subject to additional terms, and may produce errors or unexpected results. We provide them “as is,” and they are excluded from any service commitments. The rest of this agreement applies to stable features regardless of any beta designations.

birdmouth is currently offered without charge while in early access. Some plans or features may in the future be paid, and free or trial access may be limited in features, usage, or duration.

If you purchase a paid plan, the pricing, billing period, usage limits, renewal terms, and any refund terms will be presented when you buy (or in an order form we both agree to), and you authorize us or our payment processor to charge the payment method you provide, including on renewal if the plan renews automatically — with the ability to cancel renewal at any time before it occurs. Fees are exclusive of taxes, which you are responsible for (excluding taxes on our income). We will give you advance notice of price changes, which take effect at your next renewal. If a payment fails, we may retry it and, after notice, suspend paid features until payment is made. Except as stated at purchase, in an order form, or where required by law, fees are nonrefundable, and obligations to pay accrued fees survive termination. Enterprise customers may agree separate terms in an order form, which control over these terms where they conflict.

birdmouth is under active development: we may improve, modify, or discontinue features. If a change materially reduces the core functionality of a paid plan, we will give you reasonable advance notice and you may cancel and receive a prorated refund of prepaid, unused fees for the affected plan. We do not currently offer an uptime service-level agreement; any SLA would be in an enterprise order form.

By you. You can stop using birdmouth at any time, cancel any paid plan as described above, and request deletion of your account and data (see the Privacy Policy for how deletion works).

By us. We may suspend access — without advance notice where necessary to address a security risk, unlawful use, or harm to the Service or others — and may otherwise suspend or terminate for material breach (including nonpayment) if the breach is not cured within a reasonable period after notice. We may also close accounts that have been inactive for an extended period, with advance notice by email.

After termination. Where practical and lawful, we will give you a reasonable opportunity to export your data before or promptly after your account closes. Sections of this agreement that by their nature should survive — including Customer Content responsibility, confidentiality, disclaimers, limitation of liability, indemnification, accrued payment obligations, and general terms — survive termination.

birdmouth is provided “as is” and “as available,” and we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law. We work to keep the Service accurate, secure, and running, but we do not guarantee that it will be uninterrupted or error-free; that every email or attachment will be received or captured; that a sender is who they claim to be; that documents are classified correctly; that extracted values — totals, dates, quantities, prices, delivery information — or matches to projects, suppliers, or orders are correct; that a document is final, complete, authentic, or the latest version; or that the Service satisfies your legal record-retention obligations.

birdmouth organizes your purchasing information; it is not a party to your transactions with suppliers and does not guarantee supplier performance, product availability, pricing, quality, delivery, or payment. It does not provide legal, accounting, tax, engineering, architectural, estimating, or other professional advice. Review source documents and keep appropriate approval and backup processes for decisions that matter.

To the fullest extent permitted by law, neither party will be liable for indirect, incidental, special, or consequential damages, or for lost profits, revenue, or data, arising from this agreement or the Service. birdmouth’s total liability for all claims relating to the Service is limited to the amount you paid or owed birdmouth for the Service in the twelve months before the first claim (or one hundred US dollars, if you paid nothing). These limits do not apply to a party’s fraud or willful misconduct, to your payment obligations, or to your indemnification obligations, and some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

You will defend and indemnify birdmouth against third-party claims arising from Customer Content, your violation of law or third-party rights, or your misuse of the Service, except to the extent caused by birdmouth’s breach of this agreement. Enterprise order forms may modify or add indemnification obligations, including intellectual-property indemnification by birdmouth.

These terms are governed by the laws of the State of New Jersey, USA, without regard to its conflict-of-law rules. Disputes will be resolved exclusively in the state courts located in Monmouth County, New Jersey, or the United States District Court for the District of New Jersey, and each party consents to their jurisdiction.

If these terms change materially, we will post the updated version here with a new effective date and notify account owners by email before the changes take effect. Continuing to use birdmouth after that means you accept the updated terms; if you do not agree, stop using the Service and cancel your account. Material changes to how Google user data is used additionally require renewed consent, as described in the Privacy Policy.

You may not assign this agreement without our consent, except to a successor in a merger or sale of substantially all assets; we may assign it to an affiliate or successor. We may use service providers (subprocessors) to provide the Service, and remain responsible for them. Neither party is liable for delay or failure caused by events beyond its reasonable control. Notices to you may be sent to your account email; notices to us go to support@birdmouth.io. A failure to enforce a provision is not a waiver. If a provision is unenforceable, the rest remains in effect. This agreement, the Privacy Policy, and any order forms or supplemental feature terms we both agree to are the entire agreement, and if they conflict, the order form controls, then supplemental terms, then these terms. The parties are independent contractors, and there are no third-party beneficiaries. You consent to receiving notices and entering this agreement electronically.

Questions about these terms, and general support: support@birdmouth.io.