Terms of Service

Effective date: March 2, 2026

These Terms of Service ("Terms") are a legally binding agreement between you and Public Archive LLC, a New Mexico limited liability company doing business as Fatbird ("Fatbird," "we," "us," or "our"). By creating an account, accessing the Fatbird dashboard, sending instructions to a Fatbird-managed email address, or otherwise using the Service, you agree to be bound by these Terms and our Privacy Policy.

If you are accepting these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization. In that case, "you" and "your" refer to that organization.

If you do not agree to these Terms, do not use the Service.

1. Definitions

"Service" means the Fatbird AI email coordination service, including the AI Assistant, the web dashboard, and all related infrastructure operated by Fatbird.

"Assistant" means the AI-powered email agent assigned to your account. The Assistant sends and receives email, processes communications, and performs coordination tasks on your behalf.

"Owner" means an email address you have designated as authorized to send instructions to the Assistant. Messages from Owner addresses are treated as your directives.

"Contact" means any third party (vendor, subcontractor, supplier, service provider, or other person) that the Assistant communicates with on your behalf.

"Email Content" means raw email message bodies, headers, quoted thread history, and attachments.

"Operational Data" means structured information extracted from Email Content or generated by the Assistant during its operation, including project records, task statuses, contact profiles, event logs, and coordination state.

"Your Data" means all Email Content, Operational Data, contact information, instructions, and other data associated with your account, excluding data independently owned by Fatbird (such as the Service software, AI models, and system-level operational telemetry).

2. The Service

Fatbird provides an AI-powered email coordination service. You receive a dedicated email inbox managed by an AI Assistant. You send the Assistant instructions in plain language. The Assistant handles email-based coordination on your behalf: contacting people, collecting information, following up, organizing responses, and presenting you with summaries and recommendations. You make the decisions. The Assistant executes.

The Service is a coordination tool. It is not legal advice, financial advice, accounting, a licensed professional service, or a substitute for your own business judgment. The Assistant is not a fiduciary and does not owe you duties of care, loyalty, or disclosure beyond what is stated in these Terms. Recommendations made by the Assistant are coordination assistance, not professional counsel.

3. Eligibility and Accounts

3.1 Eligibility

The Service is available to businesses and individuals located in the United States. By using the Service, you represent that you are based in the United States, are at least 18 years old, and have the legal capacity to enter into these Terms.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us promptly if you become aware of any unauthorized use.

3.3 Owner Email Security

Owner email addresses are the authorization mechanism for the Assistant. The Assistant treats messages from Owner addresses as your instructions and may act on them autonomously. You are solely responsible for the security of your Owner email addresses. If a third party gains access to an Owner email address and sends instructions to the Assistant, you bear responsibility for any resulting actions.

4. Delegation of Authority to the AI Assistant

This section describes the core nature of the Service. Please read it carefully.

4.1 You Are Delegating Authority to an AI

By using the Service, you are delegating authority to an AI system to send and receive email communications on your behalf. The Assistant will compose, send, and respond to emails directed at your Contacts based on your instructions, the Assistant's configuration, and its own judgment. You acknowledge that this delegation gives the Assistant the ability to create communications that will be received by real people, and that those people may rely on those communications in making business decisions.

4.2 The Assistant Exercises Judgment

The Assistant does not simply execute literal commands. It interprets your instructions, applies contextual judgment, and makes coordination decisions. The Assistant operates within three authority levels:

• Autonomous actions. Routine coordination tasks — such as sending requests to your known Contacts, following up with people who have not responded, requesting standard documents, and sending reminders — are performed without requiring your approval.
• Act-and-notify actions. Actions requiring judgment — such as sending a comparison of options, communicating with a new Contact not in your directory, or interpreting ambiguous instructions — are performed and then brought to your attention so you can review and course-correct.
• Approval-required actions. Actions with significant consequences — such as committing you to a purchase, confirming a schedule, or selecting a vendor — are presented to you for explicit approval before being executed.

The classification of actions across these levels is determined by the Assistant based on factors including reversibility, consequence, novelty, and whether you have given standing authorization. This classification involves judgment, and the Assistant may categorize an action differently than you would.

4.3 The Assistant Is Not Perfect

The Assistant is an AI system. It may:

• Misinterpret your instructions.
• Extract incorrect information from emails.
• Send emails containing factual errors.
• Make suboptimal or incorrect recommendations.
• Fail to identify relevant information in a communication.
• Misjudge the appropriate authority level for an action.
• Fail to follow up when it should, or follow up when it should not.

You acknowledge and accept these limitations. The Assistant is a tool that operates under uncertainty, and its outputs are not guaranteed to be accurate, complete, or appropriate in all circumstances.

4.4 You Retain Responsibility

You retain sole responsibility for all business decisions, outcomes, and relationships arising from the Assistant's actions. The Assistant acts as your delegate. Its communications are your communications, sent on your behalf and at your direction. You are responsible for:

• The accuracy and completeness of the instructions you provide.
• Reviewing the Assistant's activity at reasonable intervals (including daily summaries, comparison emails, and dashboard activity).
• Correcting errors promptly when you identify them.
• Making all final business decisions (vendor selection, scheduling, spend commitments).

4.5 Oversight Is Your Responsibility

The Service provides mechanisms for you to monitor the Assistant's activity, including email summaries, daily digests, and a web dashboard. You are expected to use these mechanisms to maintain reasonable oversight. If you choose not to review the Assistant's activity and an error goes uncorrected, that does not transfer responsibility to us.

5. Communications with Third Parties

5.1 Acting on Your Behalf

The Assistant communicates with your Contacts solely on your behalf and at your direction. These communications originate from your dedicated Fatbird email address and are presented as communications from your business.

5.2 We Are Not a Party to Your Relationships

We are not a party to any agreement, transaction, or relationship between you and your Contacts. We do not endorse, guarantee, or assume responsibility for any Contact's performance, reliability, pricing, quality of work, or fitness for any purpose.

5.3 Your Responsibility for Contact Interactions

You are responsible for:

• The accuracy of Contact information you provide or approve.
• The business context and instructions underlying the Assistant's communications.
• Any commitments, expectations, or obligations created by the Assistant's communications on your behalf.
• Compliance with any laws or regulations applicable to your communications with Contacts, including any AI transparency or disclosure requirements in your jurisdiction.

5.4 Contact Disputes

Any disputes between you and your Contacts — including disputes arising from communications sent by the Assistant — are between you and the Contact. We are not a party to such disputes and have no obligation to participate in or resolve them.

6. Your Responsibilities

You agree to:

• Provide accurate, complete, and lawful instructions to the Assistant.
• Maintain the security of your account credentials and Owner email addresses.
• Review the Assistant's activity at reasonable intervals and correct errors promptly.
• Comply with all applicable laws in connection with your use of the Service, including the CAN-SPAM Act and any applicable state laws regarding electronic communications.
• Ensure that your use of the Service, including any communications sent by the Assistant, complies with the laws applicable in your jurisdiction.
• Not rely on the Service as your sole record of critical business information. You are responsible for maintaining your own records of important business decisions, agreements, and commitments.

7. Acceptable Use

You agree not to use the Service to:

• Send unsolicited bulk email or spam.
• Engage in fraud, deception, or illegal activity.
• Impersonate any person or entity other than your own business in its ordinary course.
• Send content that is defamatory, threatening, harassing, obscene, or that violates the rights of any third party.
• Violate the CAN-SPAM Act or any other applicable email regulation.
• Attempt to manipulate, circumvent, or exploit the Assistant's AI reasoning, safety boundaries, or authority controls.
• Interfere with the Service's operation or the experience of other clients.
• Use the Service for any purpose other than legitimate business coordination.

We may suspend or terminate your account for violations of this section, with or without notice depending on severity.

8. Fees and Payment

8.1 Pricing

The Service is offered on a subscription basis. Current pricing is available on our website or provided during onboarding. We may offer promotional or beta periods during which the Service is provided at reduced cost or no cost. During such periods, all Terms other than payment obligations remain in full effect.

8.2 Billing

Fees are billed in advance on a recurring basis (monthly or annually, as selected). Payment is processed through our third-party payment processor. You authorize us to charge your designated payment method for all applicable fees.

8.3 Price Changes

We may change our pricing with at least 30 days' written notice. Price changes take effect at the start of your next billing cycle following the notice period. If you do not agree to a price change, you may cancel your subscription before the change takes effect.

8.4 Non-Payment

If payment fails and is not resolved within 14 days, we may suspend the Assistant's email processing. Continued non-payment for 30 days constitutes grounds for termination. You remain responsible for all fees incurred before suspension or termination.

8.5 No Refunds

Fees are non-refundable except as required by applicable law. No refunds are issued for partial billing periods, unused capacity, or dissatisfaction with the Assistant's performance.

9. Ownership

9.1 Your Data

You own Your Data. Nothing in these Terms transfers ownership of Your Data to us. Upon termination, you may export Your Data as described in Section 13.

9.2 Our Service

We own the Service, including all software, AI models, algorithms, system architecture, documentation, and intellectual property embodied in the Service. These Terms grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal business purposes during the term of your subscription.

9.3 Limited License to Your Data

You grant us a limited, non-exclusive license to use, process, and store Your Data solely for the purpose of providing the Service to you. This license terminates when your account is terminated and Your Data is deleted. We do not use Your Data for any other purpose. We do not aggregate, anonymize, repurpose, or analyze Your Data for benchmarks, research, business intelligence, or any secondary purpose.

9.4 Feedback

If you provide us with suggestions, feature requests, or other feedback about the Service, we may use that feedback without obligation to you. Feedback does not include Your Data.

10. Confidentiality

We treat Your Data as confidential information. We do not disclose Your Data to other clients, to Contacts of other clients, or to any third party, except:

• Service providers necessary to operate the Service, as described in our Privacy Policy.
• Legal requirements. We may disclose Your Data if required by law, subpoena, court order, or government request. We will notify you before such disclosure unless we are legally prohibited from doing so.
• Business transfers. In connection with a merger, acquisition, or sale of substantially all of our assets, Your Data may be transferred to the successor entity. We will provide notice of any such transfer.

This obligation survives termination of these Terms.

11. Privacy

We handle Your Data as described in our Privacy Policy. By agreeing to these Terms, you also agree to our Privacy Policy. The Privacy Policy describes what data we collect, how we use it, how we protect it, and your rights with respect to your data, including our policies on AI processing, human access to email content, data sharing, and data deletion.

12. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION:

• WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
• ANY WARRANTY THAT THE ASSISTANT'S OUTPUTS, RECOMMENDATIONS, OR COMMUNICATIONS WILL BE ACCURATE, COMPLETE, TIMELY, OR APPROPRIATE.
• ANY WARRANTY THAT EMAILS SENT BY THE ASSISTANT WILL BE DELIVERED, RECEIVED, OR NOT FILTERED BY RECIPIENT MAIL SYSTEMS.
• ANY WARRANTY THAT THE ASSISTANT WILL CORRECTLY INTERPRET YOUR INSTRUCTIONS OR CORRECTLY EXTRACT INFORMATION FROM INCOMING COMMUNICATIONS.

THE ASSISTANT IS AN AI SYSTEM THAT OPERATES UNDER UNCERTAINTY. ITS OUTPUTS ARE GENERATED BY MACHINE LEARNING MODELS AND MAY CONTAIN ERRORS, OMISSIONS, OR INACCURACIES. YOU USE THE SERVICE AT YOUR OWN RISK AND ARE RESPONSIBLE FOR EVALUATING AND VERIFYING THE ASSISTANT'S ACTIONS.

THE SERVICE IS NOT A SUBSTITUTE FOR PROFESSIONAL LEGAL, FINANCIAL, ACCOUNTING, OR OTHER LICENSED PROFESSIONAL ADVICE. YOU SHOULD CONSULT QUALIFIED PROFESSIONALS FOR MATTERS REQUIRING PROFESSIONAL JUDGMENT.

13. Limitation of Liability

13.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IF YOU HAVE NOT PAID ANY FEES TO US (FOR EXAMPLE, DURING A BETA OR PROMOTIONAL PERIOD), OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

13.2 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION:

• LOST PROFITS, LOST REVENUE, OR LOST BUSINESS OPPORTUNITIES.
• LOSS OF DATA BEYOND THE SCOPE OF OUR DATA RETENTION AND BACKUP PRACTICES.
• REPUTATIONAL HARM.
• COST OF PROCUREMENT OF SUBSTITUTE SERVICES.
• DAMAGES ARISING FROM ERRORS, INACCURACIES, OR OMISSIONS IN THE ASSISTANT'S COMMUNICATIONS, RECOMMENDATIONS, OR OUTPUTS.
• DAMAGES ARISING FROM DISPUTES BETWEEN YOU AND YOUR CONTACTS.
• DAMAGES ARISING FROM MISSED DEADLINES, DELAYED COMMUNICATIONS, OR SERVICE INTERRUPTIONS.
• DAMAGES ARISING FROM THE ASSISTANT'S AUTONOMOUS ACTIONS WITHIN YOUR CONFIGURED AUTHORITY LEVELS.
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO YOUR ACCOUNT CAUSED BY COMPROMISE OF YOUR CREDENTIALS OR OWNER EMAIL ADDRESSES.

THESE EXCLUSIONS APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A LIMITED REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

13.3 Exceptions

Nothing in this section limits our liability for: (a) our gross negligence or willful misconduct; (b) death or personal injury caused by our negligence; or (c) any liability that cannot be excluded or limited under applicable law.

14. Indemnification

14.1 Your Indemnification of Us

You agree to indemnify, defend, and hold harmless Fatbird, Public Archive LLC, and our officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service.
• Communications sent by the Assistant on your behalf.
• Instructions you provided to the Assistant.
• Your violation of these Terms.
• Your violation of any applicable law or regulation.
• Any dispute between you and your Contacts.
• Any claim by a third party arising from the Assistant's actions taken on your behalf.

14.2 Our Indemnification of You

We agree to indemnify, defend, and hold harmless you from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of: (a) our gross negligence or willful misconduct in operating the Service; or (b) our material breach of the Privacy Policy resulting in unauthorized disclosure of Your Data to a third party not described in the Privacy Policy.

14.3 Indemnification Procedure

The indemnified party must: (a) promptly notify the indemnifying party in writing of any claim; (b) give the indemnifying party sole control of the defense and settlement of the claim; and (c) provide reasonable cooperation at the indemnifying party's expense. Failure to provide prompt notice does not relieve the indemnifying party of its obligations except to the extent it is materially prejudiced.

15. Term and Termination

15.1 Term

These Terms are effective from the date you first use the Service and continue until terminated by either party.

15.2 Termination by You

You may terminate your account at any time by contacting us. Your subscription remains active through the end of the current paid billing period. The Assistant will continue processing email through the end of that period unless you request immediate cessation.

15.3 Termination by Us for Cause

We may suspend or terminate your account immediately upon notice if you: (a) breach these Terms; (b) fail to pay fees for 30 days or more; (c) use the Service in a manner that violates applicable law; or (d) use the Service in a manner that poses a risk to the Service, other clients, or third parties.

15.4 Termination by Us for Convenience

We may terminate your account for any reason with at least 60 days' written notice. If we elect to discontinue the Service entirely, we will provide at least 90 days' notice.

15.5 Effect of Termination

Upon termination:

• The Assistant stops processing email.
• You have 30 days from the effective date of termination to request an export of Your Data. We will provide Your Data as a downloadable archive containing your workspace files, email threads in standard .eml format, and account data in JSON format.
• After the 30-day export window, Your Data is scheduled for deletion from our active systems within 60 days (90 days total from termination).
• Any data remaining in backup systems is purged within 30 days after active deletion (120 days total maximum from termination).

15.6 Survival

The following sections survive termination of these Terms: Definitions (Section 1), Ownership (Section 9), Confidentiality (Section 10), Disclaimers (Section 12), Limitation of Liability (Section 13), Indemnification (Section 14), this Section 15.6, Dispute Resolution (Section 16), and General Provisions (Section 19).

16. Dispute Resolution

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.

16.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of New Mexico, without regard to its conflict of laws principles.

16.2 Mandatory Binding Arbitration

Except as provided in Sections 16.5 and 16.6, any dispute, claim, or controversy arising out of or relating to these Terms or the Service ("Dispute") shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules then in effect. The arbitration shall be conducted by a single arbitrator. The seat of arbitration shall be St. Louis, Missouri. At either party's election, the arbitration may be conducted by videoconference.

The arbitrator shall have exclusive authority to resolve all Disputes, including whether a particular claim is subject to arbitration. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

16.3 Class Action Waiver

ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

16.4 Costs

Each party shall bear its own attorneys' fees and costs. Arbitration filing fees and arbitrator compensation shall be allocated in accordance with the AAA rules. If you demonstrate financial hardship, we will consider reimbursing your share of arbitration fees.

16.5 Small Claims Exception

Either party may bring an individual claim in small claims court in St. Louis County, Missouri, or Bernalillo County, New Mexico, if the claim falls within that court's jurisdictional limits.

16.6 Injunctive Relief

Nothing in this section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights, confidential information, or to prevent irreparable harm pending the outcome of arbitration.

17. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms to the extent caused by circumstances beyond its reasonable control, including but not limited to: natural disasters, acts of government, war or civil unrest, pandemics, labor disputes, failures of third-party AI model providers, failures of email delivery infrastructure, failures of cloud hosting or database services, cyberattacks, power outages, or internet disruptions. The affected party must provide prompt notice and use reasonable efforts to mitigate the impact.

18. Changes to These Terms

We may modify these Terms from time to time. We will provide at least 30 days' written notice of changes by email to the address associated with your account. For material changes — including changes to the Dispute Resolution section, Limitation of Liability, or the nature of the Service — we will require your affirmative acceptance before the changes take effect. For non-material changes, your continued use of the Service after the notice period constitutes acceptance. If you do not agree to a change, you may terminate your account before the change takes effect.

19. General Provisions

19.1 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

19.2 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements, understandings, and communications, whether written or oral.

19.3 No Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

19.4 Assignment

You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of substantially all of our assets, provided the assignee agrees to be bound by these Terms.

19.5 No Third-Party Beneficiaries

These Terms do not create any rights for any third party. Your Contacts are not third-party beneficiaries of these Terms.

19.6 Electronic Communications

By using the Service, you consent to receiving communications from us electronically, including by email to the address associated with your account. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

19.7 Interpretation

Headings are for convenience only and do not affect interpretation. The word "including" means "including without limitation." References to "days" mean calendar days unless otherwise specified.

20. Contact

Public Archive LLC 1209 Mountain Road Pl NE, Ste N Albuquerque, NM 87110 United States

Email: legal@mrfatbird.com