These Terms of Service ("Terms") govern your access to and use of BirdPitch, an AI powered X outreach platform operated by BirdPitch ("we", "our", or "us"). By creating an account or using any part of the service you agree to be bound by these Terms.
If you are using BirdPitch on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.
1. The Service
BirdPitch provides a web based platform that:
- Crawls X (Twitter) to discover publicly available posts matching your business keywords
- Generates AI drafted reply suggestions using Mistral AI based on your business profile
- Presents those drafts for your review and approval before any posting takes place
- Supports scheduled automatic crawls on a configurable interval
- Allows management of multiple business profiles from one account
BirdPitch does not post anything to X on your behalf without your explicit approval of each reply.
2. Account Registration
You must provide a valid email address and create a secure password to use BirdPitch. You are responsible for:
- Keeping your login credentials confidential
- All activity that occurs under your account
- Notifying us immediately at support@birdpitch.com if you suspect unauthorised access
One account is intended for one individual. If you need several people working from a single account, contact us first so we can agree it in writing.
3. Acceptable Use
You agree to use BirdPitch only for lawful purposes and in accordance with these Terms. You must not:
- Use the platform to send spam, unsolicited bulk messages, or engage in coordinated inauthentic behaviour on X
- Post AI generated replies without reviewing them first
- Use BirdPitch to harass, threaten, or impersonate any individual or organisation
- Attempt to circumvent X's rate limits, terms of service, or access controls using BirdPitch
- Resell, sublicense, or white label the BirdPitch platform without a written agreement
- Reverse engineer, decompile, or attempt to extract the source code of BirdPitch
- Use automated scripts or bots to interact with the BirdPitch interface
- Upload or transmit malicious code, viruses, or disruptive data
We reserve the right to suspend or terminate accounts that violate these rules without prior notice.
4. X Platform Compliance
BirdPitch interacts with X on your behalf using credentials you provide. You are solely responsible for ensuring that your use of BirdPitch complies with X's Terms of Service, Developer Agreement, and Automation Rules. BirdPitch is not responsible for any action X takes against your account, including suspensions, as a result of how you use our platform.
We recommend connecting a dedicated X account rather than your primary account for discovery crawls.
5. AI Generated Content
Reply drafts are generated by Mistral AI and are suggestions only. You are fully responsible for reviewing every reply before approving it for posting. BirdPitch makes no warranty that AI generated content is accurate, appropriate, or free from bias. By approving and posting a reply you take full ownership of that content.
6. Subscription Plans and Billing
Plans
BirdPitch offers two plans: Free and Pro ($19/month). Plan limits (discoveries, AI replies, business profiles) are described on the Pricing page and reset at the start of each billing cycle.
The earlier Starter and Agency plans have been retired. Subscribers on either of them were moved to Pro and keep at least the limits they had.
Payment
Paid plans are billed monthly in advance via Polar.sh. By subscribing you authorise Polar.sh to charge your payment method on a recurring basis. All prices are in USD and exclude applicable taxes.
Cancellation and Refunds
You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period and you retain access until then. We do not offer prorated refunds for partial months. If you believe you were charged in error, contact us within 14 days of the charge.
Plan Changes
Upgrades take effect immediately and are prorated for the remainder of the billing period. Downgrades take effect at the next renewal date.
Free Plan
The Free plan is provided indefinitely with stated limits and no credit card required. We reserve the right to modify Free plan limits with 30 days notice.
7. Intellectual Property
BirdPitch and its underlying technology, branding, and interface are owned by us and protected by intellectual property law. We grant you a limited, non exclusive, non transferable licence to use the platform for the purposes described in these Terms.
Content you create (including your business profile, approved replies, and any original text you write) remains yours. You grant BirdPitch a limited licence to process and store that content solely to deliver the service.
Tweets discovered during crawls are publicly available content on X and are not owned by BirdPitch.
8. Disclaimer of Warranties
BirdPitch is provided "as is" and "as available" without warranties of any kind, express or implied. We do not warrant that:
- The service will be uninterrupted, error free, or available at all times
- Crawl results will be complete or match every relevant conversation on X
- AI generated replies will be suitable for your specific use case
- Use of the platform will result in any particular business outcome
9. Limitation of Liability
To the maximum extent permitted by law, BirdPitch shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from your use of or inability to use the service.
Our total liability to you for any claim arising under these Terms shall not exceed the amount you paid to BirdPitch in the three months preceding the claim.
10. Indemnification
You agree to indemnify and hold BirdPitch harmless from any claims, damages, or expenses (including reasonable legal fees) arising from your use of the platform, your violation of these Terms, or any content you post on X using BirdPitch generated replies.
11. Termination
You may delete your account at any time from your account settings. We may suspend or terminate your access immediately if you breach these Terms, engage in abusive behaviour, or if required by law. Upon termination, your data will be deleted in accordance with our Privacy Policy.
12. Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the "Last updated" date. For material changes we will notify registered users by email at least 14 days before the change takes effect. Continued use of BirdPitch after the effective date constitutes acceptance of the updated Terms.
13. Governing Law
These Terms are governed by and construed in accordance with applicable law. Any disputes shall be resolved through good faith negotiation first. If that fails, disputes shall be submitted to binding arbitration before resorting to litigation.
14. Contact Us
If you have questions about these Terms, please contact us at:
BirdPitch
Email: legal@birdpitch.com