Terms of Service

1. Agreement to Terms

Chirpedly ("we", "us") is a sole proprietorship registered in Alberta, Canada. By accessing or using Chirpedly's services, you agree to be bound by these Terms of Service. If you disagree with any part of these terms, you may not access our service.

2. Use of Service

2.1 Eligibility

You must be at least 18 years old to use our service. By using Chirpedly, you represent and warrant that you meet this requirement.

2.2 Account Registration

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

2.3 Acceptable Use

You agree not to use Chirpedly to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Transmit malicious code or viruses
• Harass, abuse, or harm others
• Collect or store personal data without consent
• Interfere with or disrupt the service

3. Subscription and Payment

During early access every workspace is on Free, and nothing is charged. Paid plans open with billing, under terms we will publish then. The plans and their prices are listed on our pricing page.

4. Intellectual Property

4.1 Ownership

Chirpedly and its original content, features, and functionality are owned by Chirpedly and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

4.2 Your Content

You retain all rights to content you upload to Chirpedly. By uploading content, you grant us a license to use, store, and process that content to provide our services.

5. Data and Privacy

Your use of Chirpedly is also governed by our Privacy Policy. We are committed to protecting your data and respecting your privacy rights.

We will not share your data with third parties except as described in our Privacy Policy or as required by law.

Our Data Processing Addendum forms part of these Terms. It applies to the personal data of your customers and your team that Chirpedly processes for you, and where it and these Terms differ on that data, the addendum applies.

6. Service Availability

Chirpedly is in early access. During early access, features may change or be unavailable.

We strive to maintain high service availability but cannot guarantee uninterrupted access. We may perform maintenance, updates, or modifications that temporarily affect service availability.

We reserve the right to modify or discontinue the service (or any part thereof) with or without notice.

7. Limitation of Liability

To the maximum extent permitted by law, Chirpedly shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly.

Our total liability for any claims under these terms shall not exceed the amount you paid us in the 12 months preceding the claim.

8. Warranties and Disclaimers

The service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that the service will be uninterrupted, secure, or error-free.

9. Indemnification

You agree to indemnify and hold harmless Chirpedly and its affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the service or violation of these terms.

10. Termination

We may terminate or suspend your account and access to the service immediately, without prior notice, for any reason, including if you breach these Terms.

Upon termination, your right to use the service will immediately cease. You may ask us for a copy of your data within 30 days of termination.

11. Changes to Terms

We reserve the right to modify these terms at any time. We will notify you of any changes by posting the new terms and updating the "Last updated" date. Your continued use of the service after such changes constitutes acceptance of the new terms.

12. Governing Law

These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada that apply there, without regard to conflict of law rules.

13. Dispute Resolution

Any disputes arising from these terms or your use of the service shall be resolved through binding arbitration, except that either party may seek injunctive relief in the courts of Alberta.

14. Calls and Texts Your Agent Places

Your agent can call or text people for you. You choose who is contacted and what for, and you are responsible for every call and text placed at your direction, as the business making it.

Consent. Only have your agent contact people who gave you their number and agreed to hear from you, or who contacted you first and expect a reply. Calls and texts made with an artificial or AI voice, or sent automatically, are regulated, including by the U.S. Telephone Consumer Protection Act (TCPA), Canada's Unsolicited Telecommunications Rules and Canada's Anti-Spam Legislation (CASL). A call or text that markets or sells generally requires the person's prior express written consent. You must not use the service for cold calling, telemarketing, or contacting numbers on a do-not-call list without the consent those laws require. When you confirm before calling that people gave you their number and agreed to be contacted, we keep that confirmation, with who gave it and when.

What your agent says. Your agent tells people it is an AI assistant and that the call is transcribed, and it does not promote or sell anything the person did not ask about on a call it places. On a call it places, it also never gives the result of a medical test or anything else about a person's health, and never warns about money owed, such as collections or legal action; it says instead that someone at your business has something to go over with them. You must not instruct it otherwise.

Requests to stop. When someone asks not to be called again, the service stops calling that number. Only that person can lift it, by asking to be called again. You must not try to reach them through the service in other ways, and you must honour such requests in your own records as the law requires.

Your local rules. You are responsible for following the laws where you and the people you contact are, including permitted calling hours, call-transcription notices and state or provincial rules.

Delivery. Carriers decide how calls and texts are carried and labelled. We do not guarantee that a call connects, that a text is delivered, or that a carrier will not mark a call as spam.

Suspension. We may limit or suspend calling and texting if we receive complaints, if a carrier flags your number, or if we reasonably believe the service is being used against these terms or the law.

Responsibility. In addition to Section 9, you agree to indemnify and hold harmless Chirpedly and its affiliates from any claim, fine, penalty, loss or expense (including legal fees) arising from calls or texts placed at your direction, including claims under the TCPA, CASL or any do-not-call rule. This section is not legal advice; ask your own lawyer about the rules that apply to your business.

15. Contact Information

If you have any questions about these Terms of Service, please contact us:

Email: support@chirpedly.com
Website: https://chirpedly.com