EverBird.ai is a product of Kinsei Lab. These Terms are the agreement between you and Kinsei Lab for using it. They cover what you get, what you pay, what you may and may not do with the Service, what happens to your data, who carries which risk, and how a dispute is resolved.
The Service is supplied for business use (Section 4). Some clauses matter more than others, and rather than bury them: the limits of electronic signatures are at Section 18 and Section 21, your responsibility for messages sent through the Service at Section 28, what happens to your data when a subscription ends at Section 23, and the disclaimers and liability caps at Sections 77–80.
If you received a link from someone using EverBird.ai and do not have an account, Section 10 is the only part that applies to you.
These Terms of Service (the “Terms”) are a binding agreement between Kinsei Lab (“we”, “us”, “our”), which operates EverBird.ai, and the business or person that opens an account or uses the Service (“you”, “your”, the “Customer”). They take effect on 4 August 2026 and replace any earlier version.
You accept these Terms when you first do any of the following:
If you are accepting on behalf of a company or other organisation, Section 3 applies and you confirm you have authority to bind it. If you do not agree, do not use the Service.
Several documents govern the relationship, and where they conflict Section 105 decides which wins. Terms written with an initial capital have the meaning given in Section 2. Every clause is numbered and separately linkable — /terms#43 goes to the pricing-lock clause.
To use the Service you confirm that:
We may refuse, suspend or close an account where any of these is not met (Section 87).
EverBird.ai is a business tool, supplied for commercial and professional purposes only. It is sold to businesses to invoice their clients, send business documents and collect signatures. It is not a consumer product and is not offered for personal, family or household use.
You represent that you are entering into these Terms in the course of a trade, business, craft or profession, and not as a consumer. You acknowledge that consumer-protection statutes that apply only to consumer contracts do not apply to this agreement.
Nothing here removes a right that the law says cannot be removed. If you are a consumer in a place whose law nonetheless applies to you, those rights survive and prevail over any inconsistent clause (Section 107).
This clause does not affect your Clients or Recipients, who may well be consumers. Your obligations towards them are yours (Section 11, Section 29).
You must give accurate registration details and keep them current. You are responsible for everything that happens under your account and under the accounts of your Authorized Users.
Data belongs to a Workspace, not to an individual. You may invite Authorized Users up to your plan’s seat limit — currently 1 seat on Solo, 5 on Pro and 25 on Max, plus any seat add-ons you buy. The limit is enforced by the product.
Owners and administrators can see every Document in the Workspace. Folder and library restrictions constrain ordinary members; they do not constrain owners and administrators, including Documents a member created in a folder they believed was private to them. Tell your team this before they put anything personal in a Workspace. The same point is made in the Privacy Policy Section 50.
The Service lets you create invoices, upload and share documents, track whether they are opened and read, collect electronic signatures, take payment from your Clients through a third-party processor, and send automated Follow-Ups.
We may change the Service. We may add, modify or discontinue features, change how something works, or change the limits attached to a plan. Where a change materially reduces functionality you are paying for, we will give reasonable notice and you may cancel under Section 40 before it takes effect.
Two limits on that right. It does not let us increase the price of a plan for which you hold a Founding Rate (Section 43), and it does not let us change these Terms without following Section 101 and Section 102.
Parts of the Service are made available before general release, and we say so where that is the case — for example features marked beta or early access, and the pre-launch programme running ahead of general availability.
Where you have paid specifically for a plan whose stated features include something still in beta, and that feature is withdrawn permanently, Section 7 gives you the right to cancel.
Three parties matter, and only two of them have a contract with each other.
For data protection the split is the same one set out in the Privacy Policy Section 4: we are the controller of your account, billing, product measurement, link measurement and signature audit records; we are your processor for Document contents, uploaded files, your Client records and your Recipients’ details. You are the controller of that data and you decide what goes in it.
This clause is for you if you received a link. You do not have an account and you have not signed up for anything. A short set of terms still applies while you use the link, and nothing beyond them.
By opening a link we host, you agree that you will not:
What you should know. Signing is legally significant and records evidence about you — your name, the email you supply, the time, your IP address, browser and approximate location, and a fingerprint of the document (Section 19, Privacy Policy Section 13). This is disclosed to you before you sign, and the way to decline is to not sign. Your visit is also measured for the sender, and you can stop that immediately using the Privacy control at the foot of the page (Privacy Policy Section 38).
Who to ask about the document. The business that sent it — they control its contents and the details they hold about you. If you cannot reach them, write to hello@everbird.ai (Privacy Policy Section 51).
The limitations and disclaimers in Section 77–Section 80 apply to your use of the link, to the extent the law allows.
We are the conduit through which your documents travel. We are not a party to anything you agree with your Client.
We take no position, and accept no responsibility, on:
We are not your agent, broker, escrow, collections agency, guarantor or legal representative. Where a Client contacts us about a document you sent, we will point them back to you.
You decide what goes into a Document, who receives it, and when. All of that is yours. You are responsible for ensuring that Content and communications you send through the Service:
We do not review what you send. No system in EverBird.ai scans, classifies or moderates Document contents. Nothing we do is a check on your work, and nothing about the Service operating normally implies we have approved anything you put in it.
Your indemnity for this sits at Section 81.
We are a software company. Nothing in the Service is legal, tax, accounting or financial advice, and nothing we provide creates a professional relationship of any kind between us and you.
This applies to all of it — without exception:
No member of our team is acting as your lawyer, accountant or adviser, and no communication with us is privileged. Get advice from a qualified professional in your own jurisdiction before relying on any document you produce with the Service.
Templates and library items are starting points for you to adapt. They are drafting conveniences, not vetted instruments.
We do not warrant that any template, default wording or library item:
You are responsible for reviewing and adapting every template before you use it, and for having it reviewed professionally where the stakes justify that (Section 13). Content you place inside a template remains yours (Section 54).
By using the Service to send or sign documents, you and each signer consent to transact electronically and agree that electronic signatures and records satisfy any requirement that a document be in writing or signed.
The consent shown to a signer before they sign is this, and it appears above the signature field:
“By adding your signature you agree to sign this document electronically. Your name, email, IP address, browser and the time of signing are recorded in this document’s audit trail.”
Electronic signature law generally provides that a signature, contract or record may not be denied legal effect solely because it is electronic. The principal regimes are the U.S. Electronic Signatures in Global and National Commerce Act (ESIGN), the Uniform Electronic Transactions Act (UETA) as adopted by U.S. states, and Regulation (EU) No 910/2014 (eIDAS) in the EU, together with its retained UK equivalent.
The Service is built to produce the kind of record those regimes rely on: an attributable act, a record of the process, and evidence that the document has not changed since signing (Section 19, Section 20).
Its limits, stated precisely:
Some documents are excluded from electronic signature legislation by statute, or require formalities the Service does not provide, such as witnessing or notarisation. The Service does not restrict what you upload, so this restriction is contractual and enforcement of it is entirely on you.
You agree not to use the Service to create, send or sign any of the following:
This list is illustrative and not exhaustive — the law in your jurisdiction governs. Determining whether a document may lawfully be signed electronically is your responsibility (Section 13), and doing so anyway is a breach of these Terms for which you indemnify us (Section 81).
Read this before you rely on a signature for anything that matters. The Service does not verify who a signer is.
You decide whether this level of assurance is appropriate for a given transaction. Where it is not — high value, high risk, a counterparty you do not know, or a regulator that expects verified identity — use a service that performs identity verification. We do not.
Each signature creates an audit record containing:
A Certificate of Completion can be downloaded from the document’s audit trail by anyone with access to the Workspace, setting out each signature and its record. It prints its own qualifications — where an email was not supplied, where an IP was not independently verified, and where a signature was taken through a fallback path.
One correction to how this is sometimes described. The audit trail is a stored record plus a cryptographic fingerprint plus a separately downloadable certificate. It is not embedded inside the signed PDF file itself. If you need the record to travel with the file, download and keep the Certificate alongside it.
Audit records are retained for as long as the signed document has legal effect and deliberately outlive deletion of the document they relate to (Privacy Policy Section 19). They are exempt from erasure requests under Article 17(3)(e) GDPR, and we will say so explicitly rather than quietly declining (Privacy Policy Section 42).
Integrity is enforced by the Service, not merely asserted by it:
What tamper-evidence means and does not mean. It means an alteration to a signed document’s content is detectable by comparing the fingerprint. It does not mean the file cannot be copied, altered outside the Service, or misrepresented by someone holding a downloaded PDF. Verification requires the record we hold.
We provide software that records a signing event. We do not guarantee, and cannot guarantee, that any document signed through the service is valid, binding, admissible, or enforceable against anyone, in any jurisdiction, for any purpose.
Whether a signature binds a person depends on facts entirely outside our control: who actually signed, whether they had authority, whether they intended to be bound, whether the underlying agreement was properly formed, whether the document type is one the law permits to be signed electronically (Section 17), whether formalities such as witnessing were required, and what the court or tribunal makes of the evidence.
Statements on our marketing pages that signatures are “legally binding” or that an audit trail “stands up in court” describe the general effect of electronic signature legislation and the kind of evidence the Service produces. They are not a warranty, a guarantee, or legal advice, and this clause prevails over them (Section 105).
Given Section 18 — that the Service performs no identity verification — you should assume a signature may be challenged on attribution and should decide accordingly whether the Service fits the transaction. Loss arising from a signature being held unenforceable is expressly excluded at Section 80.
A dispute about whether something was signed, by whom, or with what effect is between you and the other party. We are not an arbiter, adjudicator, witness or expert, and we take no side.
Read this before you cancel. Access to the Service ends when your subscription ends, and there is no retrieval window. We would rather set this out plainly than let you discover it.
When a subscription lapses, is cancelled, or payment fails beyond the grace period in Section 51:
What continues to work:
Your responsibility: export everything you need before you cancel. Section 63 lists what the Service can export and how. If you have already lost access and need your data, write to hello@everbird.ai — we will help where we reasonably can, but nothing in these Terms obliges us to, and we do not commit to a timeframe.
We recognise that holding executed contracts behind an active subscription is a real limitation. It is the current behaviour of the Service and this clause describes it accurately rather than promising a facility that does not exist. If that changes, this clause changes with it (Section 101).
Nothing in this clause affects Kinsei Lab’s retention of audit records under Section 19.
The Service can write and send the follow-up when a Client goes quiet. It watches the state of a Thread, decides when a nudge is due, composes the message, and either hands it to you as a draft or sends it — as you have configured (Section 30).
This description is the contractual one and matches Privacy Policy Section 21.
Follow-Ups are generated and timed by an automated system, not written individually by a person.
Messages sent through the Service carry a disclosure making that clear to the Recipient. You must not remove, obscure or misrepresent it, and you must not hold out an automated message as having been personally composed by a named individual where it was not.
This reflects the transparency expectation in Article 50 of the EU Artificial Intelligence Act and equivalent duties elsewhere. Where your own jurisdiction or your regulator requires a different or additional disclosure, meeting it is your responsibility as the sender (Section 28).
The system makes no decision producing legal or similarly significant effects about any person, performs no scoring or profiling of Recipients, and is described in those terms in the Privacy Policy Section 23.
By enabling Follow-Ups on a Thread you instruct and authorise us to compose and transmit messages to the Recipients on that Thread on your behalf, in your name, until you turn it off.
To send Follow-Ups from your own address, you connect a mailbox. We support Google (Gmail and Google Workspace) and Microsoft (Outlook and Microsoft 365). Connection is by OAuth — you authorise it on the provider’s own screen and we never see or store your email password.
gmail.send. Microsoft: Mail.Send. These permit one thing: sending a message as you.Use of Google and Microsoft data is subject to their respective API terms and limited-use requirements, and we handle it in accordance with the Privacy Policy. Google and Microsoft are named as subprocessors for this purpose (Section 65).
You are the sender of every message sent through the service. We provide the tool; you choose the recipient, the timing and the content. Compliance with every law governing that message is your responsibility, not ours.
This applies whether the message leaves from a Connected Mailbox or from our infrastructure on your behalf. In the language of the statutes, you are the sender, the initiator and the party on whose behalf the message is sent.
You are responsible for compliance with, at least:
We do not undertake any of this for you. We do not assess whether you may lawfully contact a Recipient, do not verify consent, do not maintain your suppression list (Section 29), and do not review message content. Nothing about the Service functioning normally implies a message was lawful to send.
Your indemnity for claims, penalties and regulatory action arising from messages you cause to be sent is at Section 81, and it is the reason that clause exists.
Follow the rules for your own contacts. Specifically, you agree that:
We do not maintain a suppression list on your behalf, and there is no global do-not-contact database in the Service. A Recipient who asks us to stop will be told to contact you, and we will pass the request on and act ourselves where the law puts the duty on us (Privacy Policy Section 51).
Persistent complaints, high bounce rates or spam reports are grounds for throttling or suspending Follow-Ups on your account (Section 36, Section 87).
You choose, per Thread, how much autonomy the system has.
Choosing automatic send does not transfer responsibility for what goes out. You remain the sender of record (Section 28), and you remain responsible for the content, the timing and the recipient of every message, including ones you never personally read. If you are not comfortable with a message being sent without your eyes on it, use draft-for-review.
You should review your enabled Threads periodically, particularly after changing a Client record, and confirm that the Recipients and cadence are still appropriate.
Automatically generated content may be inaccurate, inappropriate, poorly timed, or wrong for the relationship. Do not rely on it without review.
We do not warrant that a Follow-Up will be:
Generated text is not legal, tax, accounting or financial advice (Section 13), must not be used to communicate a contractual position you have not reviewed, and should never be the sole basis for a decision that matters. Loss arising from a message that was sent, not sent, mistimed or badly worded is expressly excluded at Section 80.
We do not train, fine-tune, or otherwise improve any model on your Documents, your uploaded files, your Clients’ data, or the contents of anything you send. Not for you, and not for anyone else.
We do not use one customer’s data to produce output for another. A Follow-Up generated for your Thread is produced from that Thread’s own signals.
There is accordingly no opt-out to offer, and we are not going to present a switch that does nothing. If we ever want to change this position, it will require an amendment to these Terms and to the Privacy Policy, notice before it takes effect, and — where consent is the right basis — your consent rather than your silence (Section 102, Privacy Policy Section 24).
You must not use the Follow-Up system to:
Breach is grounds for immediate suspension of the feature or the account (Section 87).
Follow-Up generation runs on Kinsei Lab’s own infrastructure. No third-party model provider receives your content, your Documents, your Clients’ details, or the engagement signals described in Section 24.
There is accordingly no AI or model vendor in our subprocessor list (Section 65, Privacy Policy Section 29). Google and Microsoft appear there for mailbox sending only (Section 27), and receive the message you are sending because they are delivering it — not for any generative purpose.
If that changes, we will name the provider in the subprocessor list, state what would be sent to it and on what terms, and amend these Terms and the Privacy Policy before the change takes effect — not after.
Each plan includes a monthly Follow-Up allowance, currently 50 on Solo, 150 on Pro and 500 on Max. Allowances reset on your billing anniversary, do not roll over, and are per-Workspace. Where a plan describes Follow-Ups as included without a stated number, the fair-use standard below applies instead of an unlimited entitlement.
Exceeding an allowance does not create an overage charge. It stops further Follow-Ups for the period unless you upgrade or buy an add-on (Section 38). Questions about a limit go to hello@everbird.ai.
The Service is sold as a subscription. What you get is what was displayed on the plan you bought, at the time you bought it, as enforced in the product.
Where a published plan description and the limits enforced by the product disagree, tell us at hello@everbird.ai and we will correct the error. Until corrected, the more favourable of the two applies to you for the period in which you relied on it.
Where the Service describes something as “unlimited”, it means there is no per-item charge and no envelope or document counter — not that the limits below do not exist. Signatures, documents and invoices are unlimited in that sense on every paid plan. They remain bounded by the following, which are real and enforced:
Overages. There are none — we do not bill you for exceeding a limit. Exceeding one stops the activity for the period until you upgrade or buy an add-on.
Add-on packs increase threads, storage or seats. They attach to the Workspace, are billed alongside the subscription, stack with each other, and end when the subscription ends.
Fair use. All allowances assume ordinary use by a single business. Activity that degrades the Service for others, resembles resale or bureau use, or is engineered to circumvent a limit — including splitting work across Workspaces or accounts — is outside fair use, and Section 87 applies.
Paid subscriptions renew automatically. Unless you cancel before the renewal date, your payment method is charged for the next period at the then-applicable rate.
Charges appear on your statement under Kinsei Lab or EverBird.ai. Receipts are issued to the billing email on the account.
Cancelling is self-serve and takes no more steps than signing up did. Go to Billing in your dashboard and cancel. We do not require you to call anyone, email anyone, wait for business hours, sit through a retention offer, or explain yourself.
If the in-product route ever fails, email hello@everbird.ai and we will action the cancellation from the date you sent it. Deleting your account is separate and additional (Section 86).
Fees are non-refundable. Subscription payments, one-time purchases, add-on packs and partial periods are not refunded, in whole or in part. Cancelling stops the next charge; it does not return the current one.
We do not refund for periods you did not use the Service, for downgrades mid-period, or for features withdrawn under Section 7 where Section 7 gives you a right to cancel instead.
Two things this clause does not do:
Refund requests, and anything you think falls into the exceptions above, go to hello@everbird.ai.
We may change our standard prices. Where a change affects a subscription you already hold:
Introductory, promotional and discounted rates last for the period stated when you took them and revert to standard pricing afterwards, with notice. Add-on pack pricing changes on the same basis. Nothing here permits a change to the price of a Lifetime purchase already made.
Some customers hold a rate locked under the founding or pre-launch programme. It is a real, ongoing commitment, and this clause defines it exactly.
“For life” means for as long as we offer the plan. If we discontinue a plan entirely we will give notice, move you to the nearest equivalent, and carry the locked rate across to it rather than use the discontinuation to reprice you.
A pre-launch reservation on Solo, Pro or Max is free. No card is taken and no charge is made.
Referring other businesses can unlock a lower locked rate. The threshold and reward are as published at the time you take part.
Prices are stated exclusive of tax unless expressly said otherwise. You are responsible for all taxes arising from your purchase and your use of the Service, other than taxes on our own income.
You can let Clients pay your invoices from the document itself. That runs through Stripe, on a connected account you open in your own name.
We never take custody of your money or your clients’ money. We are not a bank, a payment institution, a money transmitter, an escrow agent, a collections agency, or a guarantor of any payment.
Concretely:
Unpaid invoices are expressly excluded from our liability at Section 80.
We charge nothing on payments your Clients make to you. No platform fee, no commission, no percentage, no per-invoice charge. Your subscription is what you pay us, and it is all you pay us. That is what “zero transaction fees” means.
It does not mean the payment is free of all cost. Stripe charges its own processing fees on every transaction, and those fees are yours to pay. They are set by Stripe, vary by country, card type and payment method, and are deducted by Stripe from the payment before it reaches you. We do not set them, do not receive any part of them, and do not mark them up.
Currency conversion, payout, dispute and chargeback fees charged by Stripe, and any bank charges on a transfer your Client makes directly to you, are likewise yours. Check Stripe’s current pricing for your country before relying on a margin.
Talk to us before it gets to this. A payment problem raised early at hello@everbird.ai is nearly always resolvable.
Use the Service for its purpose and do not interfere with it. You must not:
Report abuse of the Service to hello@everbird.ai. Breach is grounds for suspension or termination under Section 87.
You must not use the Service to store, send or share content that:
We do not scan, classify, moderate or review Document contents. No filter enforces this clause. We act when a problem is reported or otherwise comes to our attention, and when we do we may remove content, disable a link, or suspend the account (Section 87). Nothing here obliges us to monitor, and not acting on something we have not seen is not a waiver (Section 106).
You own your Content. We claim no ownership in your Documents, your files, your Client records or your branding.
To operate the Service we need permission to handle it. You grant Kinsei Lab a non-exclusive, worldwide, royalty-free licence to host, store, back up, reproduce, transmit, render, reformat, display and — where you instruct it — send your Content, for the sole purpose of providing the Service to you and your Authorized Users.
You warrant that you have the rights to grant this licence for everything you put in, and that doing so infringes nobody (Section 12, Section 81).
The Service puts your name, logo, colours and profile on the documents and portals your Clients see. You grant us a licence to display those brand assets for that purpose, and only that purpose:
You warrant you own or are licensed to use those assets. The licence ends when you remove the asset or close the Workspace, other than copies already delivered to a Recipient or embedded in a document already sent, which we cannot recall.
Use of your brand for our marketing is a different thing and is governed by Section 59, which is opt-out.
The Service — its software, design, interface, templates, document layouts, documentation, and the EverBird.ai and Kinsei Lab names and logos — is ours or our licensors’, and is protected by intellectual property law.
We grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service during your subscription, for your own business purposes, in accordance with these Terms. That is the whole of what you get.
All rights not expressly granted are reserved. Nothing transfers ownership of anything, and no right arises by implication, estoppel or course of dealing. Documents you produce using our templates are yours (Section 54); the templates themselves are not.
You must not, and must not permit anyone else to:
The benchmarking restriction does not prevent honest, factual statements of your own experience as a customer.
Tell us what is wrong with the product — we want to hear it. But be clear about what happens to a suggestion.
If you send us feedback, ideas, feature requests, bug reports or suggestions, you grant Kinsei Lab a perpetual, irrevocable, worldwide, royalty-free, sublicensable licence to use them for any purpose, without restriction, attribution or compensation.
We may implement, modify or ignore any of it. Feedback is not confidential and does not create an obligation on us. If you have an idea you want to keep or be paid for, do not send it as feedback — send it as a proposal and we will discuss terms first.
This does not affect ownership of your Content (Section 54), and does not license anything of yours other than the suggestion itself.
We may identify you as a customer and use your name and logo in our marketing — on the website, in decks, and in materials about the Service.
We respond to notices of claimed copyright infringement in content hosted on the Service, including documents shared through a Share Link.
Send a notice to hello@everbird.ai with “Copyright” in the subject line, containing:
What we do. We review, and where the notice is adequate we remove or disable access to the material and notify the customer who posted it. They may send a counter-notice containing equivalent information and a statement under penalty of perjury that the material was removed by mistake or misidentification; we may restore the material after a reasonable period unless the claimant tells us they have filed a court action.
Repeat infringers. We terminate, in appropriate circumstances, the accounts of customers who are repeat infringers.
Knowingly misrepresenting that material is infringing may make you liable for damages. We do not currently maintain a separate designated-agent address; use hello@everbird.ai until we publish one.
EverBird.ai, Kinsei Lab, our logos and our visual identity are our trademarks. You may:
You may not:
Where the Service displays attribution on documents or portals under your plan, you must not remove or obscure it unless your plan expressly permits removal. Ask at hello@everbird.ai if you are unsure — we would rather answer than enforce.
The Privacy Policy is incorporated into these Terms and forms part of them. It sets out what personal data we handle, why, on what legal basis, who else sees it, how long it is kept, and what rights you and your Recipients have.
Where the Privacy Policy and these Terms describe the same thing, they are written to agree. If they nonetheless conflict on a matter of personal data, the Privacy Policy prevails (Section 105). On any other matter, these Terms prevail.
Changes to the Privacy Policy are notified under its own Section 60, which commits us to announcing material changes before they take effect.
Your data is yours (Section 54). You may export it at any time while your subscription is active. Here is exactly what that means today, without overstatement.
Export before you cancel. Access ends with the subscription and there is no retrieval window (Section 23, Section 88).
For Content, Client records and Recipient data, you are the controller and we are your processor. For your account, billing, product measurement, link measurement and signature audit records, we are the controller. The split is set out in Section 9 and in the Privacy Policy Section 4.
As your processor we will:
If you need a signed Data Processing Addendum, ask at hello@everbird.ai and we will provide one. We are not going to assert that a completed set of executed DPAs already exists with every party — Privacy Policy Section 54 describes our current transfer position honestly, including that we rely on Standard Contractual Clauses where a subprocessor offers them and on Article 49(1)(b) necessity for transfers to us in the UAE, which is not the subject of an adequacy decision.
Our current subprocessors are listed in Privacy Policy Section 29, with what each one does. In summary: Convex (database, backend), Cloudflare (hosting, edge and file storage), Tinybird (link measurement), Stripe (billing and payments), Resend (email delivery), and — conditionally — Google and Microsoft.
Each of us may learn confidential information of the other. Your Content is your confidential information. Non-public details of the Service, its security and its roadmap are ours.
Each party will use the other’s confidential information only to perform this agreement, protect it with at least reasonable care, and disclose it only to people who need it and are bound by equivalent obligations.
These obligations do not apply to information that:
Disclosure compelled by law is permitted, with notice to the other party where lawful so they can seek protection (Privacy Policy Section 32). Obligations survive termination for three years, and indefinitely for anything that is a trade secret (Section 89).
Feedback is excluded from this clause (Section 58).
We apply technical and organisational measures appropriate to the risk. The measures actually in place are listed in Privacy Policy Section 55 and include: HTTPS throughout; encryption at rest on the storage our infrastructure providers operate; httpOnly same-origin session cookies; salted PBKDF2 hashing of link and upload passwords, which we cannot recover; SHA-256 document fingerprinting; role- and workspace-scoped authorisation on every read and write; verified payment webhooks; rate limits; and a permanent audit log of staff actions.
We do not hold ISO 27001 or SOC 2 certification and we do not imply one. No system is completely secure and we do not warrant that the service will be free of vulnerabilities or unauthorised access.
Statements elsewhere — on marketing pages or in sales material — describing encryption or security in stronger or more specific terms are marketing descriptions, not warranties. Privacy Policy Section 55 and this clause govern (Section 105).
Your side of it: keep credentials secure (Section 5); manage who is in your Workspace and remember that owners and administrators see everything in it (Section 6); set link passwords and expiries where a document is sensitive; decide whether the absence of signer identity verification is acceptable for your use (Section 18); keep your own backups (Section 70); and do not put restricted data in the Service (Section 71).
Support access. A small number of named staff can enter a Workspace to investigate a problem. A banner is shown for the duration, sessions expire after 8 hours, and every start and stop is permanently logged (Privacy Policy Section 50). Ask at hello@everbird.ai if you want to know whether yours has been accessed.
If we become aware of a personal data breach affecting data we process for you, we will notify you without undue delay and give you what you need to meet your own obligations as controller.
Our commitments, matching Privacy Policy Section 56:
We will not delay a notification to make it look better. A notice is not an admission of liability. Report a suspected vulnerability or incident to hello@everbird.ai — we would rather hear it early.
Retention follows the criteria in Privacy Policy Section 19 rather than fixed durations. In outline:
You may request deletion at any time at hello@everbird.ai, subject to the exceptions above, which we will identify explicitly rather than quietly apply.
We take backups for our own operational resilience. They are not a service to you, are not a substitute for your own records, and we do not offer point-in-time restore of an individual customer’s data.
EverBird.ai is not an archival or record-keeping system. Keep your own copies of anything you would be harmed by losing — particularly executed contracts and their Certificates of Completion (Section 19, Section 63). This matters most at cancellation, when access stops and there is no retrieval window (Section 23).
We will try to help recover data lost through our error, but we do not guarantee recovery, and loss of data is excluded from our liability at Section 80.
The Service is not built or certified for regulated categories of data. You must not upload, store, send or collect any of the following through it:
Nothing in the Service enforces this. There is no scanning and no filter — the restriction is contractual and it is yours to observe. Uploading restricted data is a breach for which you indemnify us (Section 81), and the disclaimers in Section 77–Section 80 apply in full to any consequence of it.
There are exactly three things you can connect, and each is optional.
Your relationship with each provider is your own. Their terms and privacy policies apply to what they do, we do not control them, and we are not responsible for their acts, outages, policy changes or decisions about your account.
Other third parties are involved without you connecting anything — hosting, storage, email delivery, measurement, and the conditional document viewers and video embeds. They are named in Section 65.
EverBird.ai does not currently offer a public API, an MCP server, an SDK, developer keys, or outbound webhooks. No programmatic interface is available to customers or third parties, and none is documented or supported.
Accordingly:
If you have an integration need, talk to us at hello@everbird.ai rather than building against something unsupported.
The Service displays links and content we did not create — links a customer puts inside a Document, a website or booking link on a client portal, an embedded video, and links in our own marketing to other companies.
We do not guarantee that any email sent through the service will be delivered, will arrive on time, will reach the inbox rather than the spam folder, or will be seen.
Delivery depends on things nobody controls: the recipient’s mail provider and its filters, the reputation of the sending domain, authentication records, content heuristics, greylisting, rate limiting, blocklists, full mailboxes, and the recipient’s own rules.
Where you use a Connected Mailbox (Section 27), deliverability depends on your domain’s reputation and your provider’s limits, not ours. Your provider may throttle or refuse sending. Configuring SPF, DKIM and DMARC for your own domain is your responsibility.
Where email leaves from our infrastructure, we maintain sending practices in good faith but make no commitment about inbox placement, and we may throttle or pause sending to protect deliverability for everyone (Section 36).
Do not rely on email alone for anything time-critical or legally significant. Loss arising from a message not arriving, arriving late, or landing in spam is expressly excluded at Section 80.
There is no service level agreement. We publish no uptime percentage and commit to none. We aim to keep the Service available and will give advance notice of planned maintenance where we reasonably can, but availability is a target, not a term.
Nothing in this clause limits the data-protection response times we do commit to in the Privacy Policy.
The service, including all templates, documents, signatures, audit records, follow-ups, generated content and analytics, is provided “as is” and “as available”, with all faults and without warranty of any kind.
To the fullest extent permitted by law, Kinsei Lab disclaims all warranties, express, implied, statutory or otherwise, including any implied warranty of merchantability, fitness for a particular purpose, title, accuracy, quiet enjoyment, and non-infringement, and any warranty arising from course of dealing, course of performance or trade usage.
We do not warrant that the service will be uninterrupted, timely, secure or error-free; that defects will be corrected; that results obtained will be accurate or reliable; that any document will be delivered, opened, signed or paid; that any signature will be valid or enforceable; or that any message will reach its recipient.
Statements on our website, in marketing material, in sales conversations or in support replies do not create a warranty and do not vary these Terms. This includes any statement that signatures are legally binding or that an audit trail stands up in court (Section 21), any description of security or encryption (Section 67), and any performance or outcome figure in our research or marketing pages.
Some jurisdictions do not allow the exclusion of certain warranties. Where that applies, the exclusions above apply to the fullest extent permitted and the remainder stands (Section 107).
To the fullest extent permitted by law, neither party is liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business, goodwill, opportunity, anticipated savings, contracts, clients or data, however caused and on any theory of liability, whether in contract, tort, negligence, strict liability or otherwise, and whether or not the party was advised of the possibility.
This exclusion applies to everything arising out of or relating to these Terms or the Service, including Section 80.
It does not apply to: your obligation to pay fees; your indemnity at Section 81; either party’s breach of Section 66; your breach of Section 56 or Section 57; or liability that cannot be excluded by law, including fraud, fraudulent misrepresentation, and death or personal injury caused by negligence.
To the fullest extent permitted by law, Kinsei Lab’s total aggregate liability arising out of or relating to these terms and the service will not exceed the greater of (a) the total fees you actually paid us in the twelve months immediately before the event giving rise to the claim, and (b) one hundred united states dollars (US$100).
The cap is aggregate across all claims, is not multiplied by the number of claims or claimants, and applies whether the claim is in contract, tort, statute or otherwise.
The cap does not apply to your obligation to pay fees, your indemnity at Section 81, or liability that cannot be limited by law. It is a deliberate allocation of risk reflected in the price (Section 83).
A general exclusion tends to be read narrowly, so the failure modes this product actually has are named. Subject to Section 78 and Section 79, we are not liable for any of the following:
This list is illustrative of, and does not limit, Section 78.
You will defend, indemnify and hold harmless Kinsei Lab, its officers, employees and agents from any third-party claim, demand, investigation or proceeding, and any resulting loss, damage, penalty, fine, settlement or reasonable legal cost, arising out of or relating to:
We will notify you of a claim, give you control of its defence with counsel of your choice, and cooperate at your expense. You may not settle in a way that imposes an obligation or an admission on us without our written consent. We may participate with our own counsel at our own cost.
We will defend you against a third-party claim that the Service, as provided by us and used in accordance with these Terms, infringes that party’s copyright, trademark or trade secret, and will pay damages finally awarded or agreed in settlement.
Conditions: you notify us promptly, give us sole control of the defence and settlement, and cooperate at our expense.
Exclusions. This does not apply to a claim arising from:
Our options. If the Service becomes, or we think it may become, the subject of such a claim, we may at our own cost procure the right for you to continue, modify it to be non-infringing, or terminate the affected part on notice and refund fees you have prepaid for the unused period — which is the one circumstance in which Section 41 yields.
This clause states our entire liability and your sole remedy for third-party intellectual property claims, and is subject to Section 79.
The disclaimers, exclusions and caps in Section 77–Section 80 are a fundamental part of the bargain between us. The Service is priced on the basis that we do not carry the commercial risk of your client relationships, your revenue, or the legal effect of your documents. Without that allocation we could not offer it at this price, or at all.
Those provisions apply even if a limited remedy is found to have failed of its essential purpose, and survive termination (Section 89). They apply to us, our affiliates and our suppliers, and to claims in contract, tort, statute or otherwise.
If any of them is held unenforceable in whole or in part, it is reduced to the minimum extent necessary and the remainder continues in force (Section 107).
Neither party is liable for a failure or delay in performance caused by an event beyond its reasonable control — including act of God, natural disaster, fire, flood, epidemic, war, terrorism, civil unrest, government action, sanctions, embargo, strike, failure of power or telecommunications, internet or network failure, denial-of- service attack, and failure, suspension or discontinuation of a third-party service the Service depends on (Section 72).
The affected party will notify the other and use reasonable efforts to resume. If the event continues for more than 30 consecutive days, either party may terminate on notice, and you are not charged for the period during which the Service was unavailable.
Force majeure never excuses an obligation to pay amounts already due (Section 51).
These Terms start when you first accept them (Section 1) and continue until terminated under this Part.
Two separate actions, and it is worth knowing the difference.
Export everything you need first (Section 63). Termination does not entitle you to a refund (Section 41), and does not affect amounts already due. Certain records are deliberately retained after deletion — audit records, financial records and moderation records (Section 69).
For cause. We may suspend or terminate your access, a Workspace, or your account where:
Immediate suspension without notice is reserved for conduct causing active harm — attacks on the Service, fraud, illegal content, or a serious security risk. We will tell you as soon as practicable afterwards.
For convenience. We may terminate on 30 days’ notice without cause, and will refund fees prepaid for the unused period — the second and last exception to Section 41. We will give you the notice period to export.
No decision to suspend or terminate is automated. Every one is made by a person and logged (Privacy Policy Section 23).
On termination:
There is no data retrieval window. Access ends when the subscription does. We are not going to imply a grace period that the Service does not provide — Section 23 sets out exactly what a lapsed customer can and cannot do, and the practical consequence is that you must export before you cancel (Section 63).
Data is retained rather than destroyed on lapse, so re-subscribing restores access. Where you have deleted a Workspace or account, or we have terminated for cause, deletion is real and immediate.
If you have lost access and need your data, write to hello@everbird.ai. We will help where we reasonably can. That is a statement of intent, not an obligation, and we commit to no timeframe.
Termination does not end everything. The following survive, together with any provision that by its nature should:
These Terms, and any dispute or claim arising out of or in connection with them or their subject matter — including non-contractual disputes and claims — are governed by the laws of the United Arab Emirates, and the applicable laws of the Emirate of Sharjah, without regard to conflict-of-laws principles.
The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Where the mandatory law of your own country gives you a protection that cannot be excluded by contract, this clause does not remove it (Section 107). Section 4 limits how often that arises, because the Service is supplied for business use.
The the courts of Sharjah, United Arab Emirates have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or the Service. Each party irrevocably submits to that jurisdiction and waives any objection on grounds of venue or forum non conveniens.
You must complete Section 92 before commencing proceedings.
Small claims. Either party may bring an individual claim in a small-claims or equivalent low-value court in the other party’s home jurisdiction, provided the claim stays there, remains individual, and is not brought on a class or representative basis (Section 94). We include this because a jurisdiction clause that makes a small claim uneconomic to bring deserves an exception.
Section 99 permits either party to seek urgent injunctive relief wherever necessary.
Before starting any proceeding, you must send us a written notice of dispute and allow the cure period below to expire. This is a condition precedent. A proceeding filed without it may be stayed or dismissed.
Send the notice to hello@everbird.ai with “Notice of Dispute” in the subject line, and to our postal address (Section 114). It must include:
These Terms contain no agreement to arbitrate. Disputes are resolved by the courts identified in Section 91, after the notice procedure in Section 92.
We say this expressly rather than by silence. Nothing in these Terms, in any marketing material, or in any prior version of these Terms should be read as committing either party to arbitration, and no arbitration provision is incorporated by reference from any other document.
The parties may of course agree to mediate or arbitrate a particular dispute after it arises. That requires a separate written agreement signed by both.
Each party may bring claims against the other only in its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, coordinated or representative proceeding.
No court or tribunal may consolidate more than one person’s claims, or preside over any form of representative or class proceeding, without the written consent of both parties. Neither party may act as a private attorney general or bring a representative claim on behalf of others.
This waiver applies in any forum that takes jurisdiction, notwithstanding Section 91 — it is written to operate wherever a claim is actually heard, not only where we have said it should be.
You may opt out of this waiver under Section 97. If this clause is held unenforceable in a particular proceeding, it is severed for that proceeding only and the remainder of Part 11 continues (Section 107).
Where 25 or more claims of a substantially similar nature are asserted against us by or with the assistance of the same law firm, representative or coordinated group, the following applies in addition to Section 92 and Section 94:
The purpose is orderly and proportionate resolution. It is not a barrier to any individual claimant, whose claim proceeds on its own merits and whose limitation period is protected.
To the fullest extent permitted by law, each party knowingly and voluntarily waives any right to a trial by jury in any proceeding arising out of or relating to these terms or the service.
This clause operates only where a right to jury trial would otherwise exist. The courts identified in Section 91 do not conduct jury trials, so the waiver is directed at any other forum that takes jurisdiction despite that clause.
You may opt out under Section 97.
You may opt out of the waivers in Section 94 and Section 96. Opting out costs you nothing, changes nothing else about your account, and is not held against you (Section 100).
Any claim arising out of or relating to these Terms or the Service must be brought within one year after the claim arose. A claim not brought within that period is permanently barred, to the fullest extent permitted by law.
The period is paused while:
Where the law of a jurisdiction does not permit a limitation period to be shortened by contract, the shortest period that jurisdiction permits applies instead (Section 107). This clause does not apply to claims for unpaid fees, which follow the statutory period.
Either party may seek urgent interim or injunctive relief in any court of competent jurisdiction, without first completing Section 92 and without regard to Section 91, to prevent or stop:
Seeking such relief does not waive any other provision of these Terms, and does not permit a claim for damages to bypass Section 91 or Section 92.
In any proceeding between the parties, the substantially prevailing party is entitled to recover its reasonable legal fees and costs, to the extent the court permits.
We may update these Terms. The effective date at the top of the page is authoritative, and we keep previous versions (Section 115).
For minor changes under Section 101, continuing to use the Service after they are posted means you accept them.
For material changes, continued use is not enough on its own. Where a change reduces your rights, increases your obligations, or introduces processing of personal data that requires consent, we will ask you to accept it explicitly — and where consent is the right legal basis, we will ask for consent rather than treat your silence as agreement.
This is deliberate. The Privacy Policy Section 60 makes the same commitment, and we would rather the two documents agree than have a blanket continued-use clause here that contradicts it.
If you do not accept a material change, your remedy is to cancel (Section 40). Until you accept or cancel, the previous version continues to govern your use.
You may not assign or transfer these Terms, or any right under them, without our prior written consent. Any attempt to do so is void. This includes transferring an account, a Workspace, or a Founding Rate to another business (Section 43).
A change of control of your business is not by itself an assignment, but a Founding Rate does not survive one (Section 43). Tell us at hello@everbird.ai if your business is acquired and we will confirm what carries across.
We may assign these Terms in whole or in part to an affiliate, or in connection with a merger, acquisition, restructuring or sale of assets, on notice to you. Your data may transfer as part of that, on the terms in Privacy Policy Section 33.
These Terms bind and benefit each party’s permitted successors.
These Terms, together with the documents listed below, are the entire agreement between us about the Service, and supersede all prior and contemporaneous proposals, marketing statements, sales conversations, demonstrations and understandings. Neither party has relied on any statement not set out in these documents. Nothing here excludes liability for fraudulent misrepresentation.
Where documents conflict, this order applies:
Your own purchase order or standard terms have no effect, even if we acknowledge or invoice against them.
A failure or delay in enforcing any provision of these Terms is not a waiver of it, and does not prevent later enforcement. A waiver is effective only if it is in writing and signed by the party giving it, and applies only to the instance and purpose stated. In particular, not acting on a breach — including one we did not know about, given that we do not monitor Content (Section 53) — does not waive the breach or any other.
If any provision of these Terms is held invalid, illegal or unenforceable:
This applies with particular force to Part 9 and Part 11: a cap, exclusion or waiver held too broad is narrowed rather than discarded, and Section 83 continues to govern the allocation of risk.
These Terms are between you and Kinsei Lab. No other person has any right to enforce them.
In particular, your Clients and Recipients are not parties and acquire no rights against us under these Terms (Section 11). Section 10 imposes obligations on a Recipient using a link; it does not give them rights against us beyond those the law provides directly.
The one exception: our affiliates, officers, employees, agents and suppliers may rely on the disclaimers, exclusions, caps and indemnities in Section 77–Section 83, which are expressed for their benefit as well as ours.
The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, franchise, employment or fiduciary relationship. Neither party may bind the other, incur obligations on its behalf, or hold itself out as authorised to do so. In particular, we are not your agent for dealing with your Clients — sending a message on your instruction (Section 26) makes us a tool you used, not your representative (Section 28), and we are never your escrow, broker or collections agent (Section 48).
You represent, warrant and undertake that:
We may suspend or terminate immediately, without notice or refund, where we reasonably believe continuing would breach any of the above (Section 87).
The Service is “commercial computer software” and “commercial computer software documentation” as those terms are used in 48 C.F.R. §12.212 and 48 C.F.R. §227.7202. If you are a U.S. government end user, or are acquiring the Service on behalf of one, you acquire only those rights granted to all other end users under these Terms, in accordance with 48 C.F.R. §12.212 and 48 C.F.R. §§227.7202-1 through 227.7202-4. No other rights are granted, and any provision inconsistent with federal procurement regulation is unenforceable. This clause does not alter Section 90 or Section 91.
These Terms are written in English, and the English version governs. If we publish a translation, it is provided for convenience only; in the event of any discrepancy, ambiguity or conflict, the English version prevails and is the version by which these Terms are interpreted and enforced. Where the law of your jurisdiction requires a contract to be provided in another language, we will supply one at hello@everbird.ai on request. That does not displace this clause except to the extent the law requires. Notices under Section 92 must be in English or accompanied by an English translation.
We want EverBird.ai to be usable by everyone, including people using screen readers, keyboard navigation, magnification or other assistive technology.
Where we actually stand, stated honestly. We build with semantic HTML and ARIA, run automated accessibility checks as part of development, and fix issues as we find them. We have not completed a formal WCAG 2.2 audit, do not publish a VPAT, and do not claim conformance to any level. Parts of the product — particularly the document editor and the signing canvas — are visual and interactive by nature and are likely to present barriers we have not yet resolved.
This statement is a good-faith description of our position and our commitment to respond. It is not a warranty of conformance (Section 77).
These Terms are effective from 4 August 2026 and replace all previous versions.
Ask at hello@everbird.ai for a copy of the version in force on a particular date, or for a summary of what changed and why. We keep previous versions and will provide them.
Everbird spots who’s stalling, decides when to follow up, and writes the message that closes the deal — automated client follow up software with one link for all client documents.
Our community is built into EverBird, and yes, we answer every email ourselves, always.
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