Terms of Service

These Terms of Service ("Terms") govern your access to and use of Finch's customer engagement platform, websites, and related services (collectively, the "Services"). By creating an account, clicking to accept these Terms, or using the Services, you agree to be bound by them.

If you are accepting these Terms on behalf of an organization, you represent that you have authority to bind that organization, in which case "you" refers to that organization.

You must be at least 18 years old and legally able to enter into a contract to use the Services. If you are accepting these Terms on behalf of an organization, you further represent that your organization is duly organized and in good standing where required.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify Finch promptly of any unauthorized use of your account or any other breach of security.

Workspace administrators are responsible for managing member access, permissions, and configuration of AI agents and integrations within their workspace.

Some features of the Services are provided on a paid subscription basis. Subscription terms, including pricing, billing cycle, and included usage, are described on our pricing page or in your order form.

Unless otherwise stated, subscriptions renew automatically for the same period at our then-current rates. You may cancel at any time, in which case your subscription will remain active until the end of the current billing period.

Fees are non-refundable except where required by law. We may change subscription fees for upcoming billing periods with at least 30 days' notice. Late payments may accrue interest at the rate permitted by law.

You agree not to, and not to allow your end users to:

• Use the Services to send unsolicited communications, spam, or messages that violate applicable anti-spam or telemarketing laws.
• Impersonate any person or entity, or misrepresent your affiliation with a person or entity.
• Upload or transmit content that is unlawful, infringing, defamatory, obscene, or that contains malware or other harmful code.
• Interfere with or disrupt the integrity or performance of the Services or the data contained therein.
• Attempt to gain unauthorized access to the Services, related systems, or other Finch customer data.
• Use the Services to build a competing product or to train artificial intelligence models intended for resale.

Finch provides AI features, including AI agents that can converse with your customers, summarize conversations, suggest replies, and take actions on your behalf based on tools you have connected.

You are responsible for the configuration of your AI agents, including the channels they operate on, the actions they are permitted to take, the prompts and knowledge sources you provide, and the human oversight you apply. AI-generated outputs are provided "as is" and may be inaccurate or incomplete; you are responsible for reviewing outputs before they are relied upon for material decisions.

You will provide your end customers with disclosures required by applicable law when they interact with an AI agent rather than a human.

You retain all rights, title, and interest in and to the data, messages, files, and other materials you submit to the Services ("Customer Content"). You grant Finch a worldwide, non-exclusive, royalty-free license to host, copy, transmit, process, and display Customer Content solely as necessary to provide the Services and as described in our Privacy Policy.

Finch retains all rights, title, and interest in and to the Services, including all underlying software, models, documentation, and trademarks. No rights are granted to you other than the limited right to use the Services in accordance with these Terms.

Feedback you provide about the Services may be used by Finch without restriction or obligation.

Each party may disclose Confidential Information to the other in connection with the Services. The receiving party will use the disclosing party's Confidential Information only as necessary to perform under these Terms and will protect it with at least the same degree of care it uses to protect its own confidential information of like importance.

The Services may interoperate with third-party products and services that you choose to connect, such as messaging platforms, CRMs, payment processors, and storage providers. Finch does not control and is not responsible for those third-party services. Your use of them is governed by their own terms and privacy policies.

We may suspend or terminate your access to the Services if we reasonably believe you have violated these Terms, if payment fails, or if continued provision would create a security or legal risk. Where appropriate, we will give you notice and an opportunity to cure.

You may terminate your account at any time from your workspace settings. Upon termination, we will make Customer Content available for export for a reasonable period and then delete it in accordance with our Privacy Policy.

The Services are provided "as is" and "as available", without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy of outputs. Finch does not warrant that the Services will be uninterrupted, error-free, or that AI-generated outputs will be accurate or complete.

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenues, customers, or data, arising out of or related to the Services, regardless of the theory of liability.

Each party's total aggregate liability for any claims arising out of or related to the Services will not exceed the amounts paid by you to Finch for the Services during the 12 months preceding the event giving rise to the claim.

Nothing in these Terms limits liability that cannot be excluded by applicable law.

You will defend, indemnify, and hold Finch harmless from any third-party claim arising out of your Customer Content, your configuration or use of the AI features, or your violation of these Terms or applicable law.

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles. The parties will attempt to resolve any dispute through good-faith negotiation, and failing that, the dispute will be resolved exclusively in the state or federal courts located in Delaware, except where applicable consumer law provides otherwise.

We may update these Terms from time to time. If a change is material, we will provide reasonable notice before the change takes effect, such as by email or an in-product notification. Continued use of the Services after the effective date constitutes acceptance of the updated Terms.

If you have any questions about these Terms, please contact us at [email protected] or through our contact page.