Last updated: 25 August 2025
1. Definitions and Interpretation
Unless the context requires otherwise, in these Terms and Conditions and in a Subscription:
“Annual Services”: the provision by HyBird Ltd. of the Services specified in a Subscription for a fixed period of twelve (12) months.
“HyBird Ltd.”: HyBird Ltd, a company registered in England (No. 09863415) with its registered office at 167–169 Great Portland Street, 5th Floor, London, W1W 5PF, United Kingdom.
“HyBird Ltd. Platform”: HyBird Ltd.’s proprietary software platform, accessible at clarity.hybirdtech.com or any hybird.ai / hybirdtech.com domain or sub-domain.
“HyBird Ltd. Services”: workflow automation software tools, features, and functionality associated with a “Guest”, “Company”, or “Admin” subscription.
“Business Days”: Mondays to Fridays, excluding UK public holidays.
“Charges”: the fees for Annual or Monthly Services as specified in the Subscription.
“Contract”: a contract between HyBird Ltd. and the Customer, comprising the Subscription, these Terms and Conditions, and referenced documents.
“Customer”: the person or entity identified in a Subscription or free trial.
“Customer Data”: any data uploaded, created, or provided by the Customer under the Contract (including images, video, text, 2D/3D models, and other materials).
“Customer Personal Data”: personal data provided by the Customer under the Contract, for which the Customer is the Data Controller.
“Confidential Information”: any information disclosed by one party to the other, designated or reasonably understood as confidential.
“Force Majeure Event”: events beyond a party’s reasonable control (e.g. internet failure, cyberattacks, industrial action, natural disasters, war, terrorism).
“Intellectual Property Rights”: patents, copyrights, trademarks, design rights, trade secrets, goodwill, and equivalent rights worldwide.
“Monthly Services”: the provision by HyBird Ltd. of the Services specified in a Subscription on a rolling monthly basis.
“Services”: collectively the HyBird Ltd. Services and Platform Services.
“Specifications”: service descriptions available on the HyBird Platform.
“Subscription”: an order for Services placed by the Customer via the HyBird Platform.
“Support Services”: maintenance and support services available for “Pro”, “Elite”, “Demo”, “Trial” or “Enterprise” packages.
“Term”: as defined in clause 2.
Clause headings are for convenience only. In case of conflict, the Subscription prevails.
2. Term
Annual Services renew automatically for successive 12-month periods unless cancelled in accordance with the Pricing and Payments Policy.
Monthly Services renew automatically for successive one-month periods unless cancelled.
Either party may terminate in accordance with clause 14.
3. HyBird Ltd. Services
HyBird Ltd. grants the Customer a limited, non-exclusive, non-transferable licence to access the HyBird Platform during the Term for business use.
The Customer must use the Services lawfully, professionally, and securely, keeping credentials confidential.
Prohibited uses include: sublicensing, unlawful activity, infringement of rights, malware uploads, reverse engineering, scraping, or disrupting the Platform.
Breach may result in immediate suspension or termination without notice.
4. Support Services and Availability
HyBird Ltd. will use reasonable endeavours to ensure Service Availability exceeds 99.5% each calendar month.
Downtime caused by scheduled maintenance, Customer equipment, internet failures, or Force Majeure Events is excluded.
If paid Annual Services fall below 99.5% for three consecutive months, the Customer may treat this as a material breach.
5. Customer Data
Customer grants HyBird Ltd. a non-exclusive licence to process Customer Data as required to provide the Services.
HyBird may aggregate and analyse Customer Data to improve its offerings.
Customer warrants that its data will not infringe rights or laws.
Ownership of Customer Data remains with the Customer.
6. Trials and Demos
Trial/demo access is time-limited and may be withdrawn without notice.
Features may differ from paid Services.
7. Refunds
Refunds are at HyBird Ltd.’s discretion and require prior authorisation.
8. Confidentiality
Each party must protect the other’s Confidential Information with reasonable care.
Exceptions apply where information is already public, lawfully obtained, or legally required to be disclosed.
Obligations continue for five (5) years after termination.
9. Data Protection
Customer is the Data Controller; HyBird Ltd. acts as Data Processor.
HyBird Ltd. will process Customer Personal Data lawfully, securely, and only under Customer’s instructions.
Security, breach notification, and secure data return/deletion obligations apply.
10. Intellectual Property
HyBird Ltd. retains ownership of all IP in its Platforms and Services.Customer retains ownership of workflows and content created using the Services.
11. Charges and Payments
Charges are payable in GBP, exclusive of VAT.
Annual Services are billed annually in advance; Monthly Services monthly in advance.
Payment is via authorised third-party providers (e.g. Stripe). HyBird does not process card data.
Recurring payments continue unless cancelled before renewal.
Non-payment may result in suspension.
12. Warranties and Acknowledgements
Each party warrants it has authority to enter into the Contract.
Services are provided “as is”; HyBird does not guarantee error-free or uninterrupted operation.
13. Limitation of Liability
Nothing limits liability for fraud, death, or personal injury caused by negligence.
HyBird is not liable for indirect or consequential loss, loss of profits, or data corruption.
Liability is excluded for Force Majeure Events.
14. Termination
Either party may terminate for material breach (with 30 days to remedy if applicable).
Either party may terminate if the other becomes insolvent.
HyBird Ltd. may terminate at any time at its sole discretion.
Upon termination, accrued rights remain; Customer must pay outstanding Charges.
Customer must retrieve data within 60 days, after which HyBird may delete it.
15. General
Privacy: governed by HyBird’s Privacy Policy at hybird.ai.
Marketing: HyBird may reference Customer as a user in marketing materials.
Notices: must be sent to contact@hybird.ai or the Customer’s registered email.
Subcontracting: permitted; HyBird remains liable.
Assignment: Customer may not assign rights without consent.
Severability: unlawful provisions are severed; the rest continues.
Entire Agreement: these Terms constitute the entire agreement.
Law & Jurisdiction: governed by English law; disputes subject to exclusive jurisdiction of the English courts.
