Terms of Service

The Service is operated by Samir James Shamsi, trading as Big Ears AI ("we", "us", "our"). By creating an account or using the Service, you agree to these terms. If you do not agree, do not use the Service.

If you use the Service on behalf of a company or other legal entity, you represent that you have authority to bind that entity. In that case, "you" refers to that entity.

Big Ears AI is completing its corporate setup. If the operating entity responsible for the Service changes, we may update these terms and related legal documents.

Big Ears AI is a PR, communications, and market intelligence platform. It monitors publicly available news, public social media, podcasts, company sources, and competitor activity, and uses artificial intelligence to score, summarise, recommend, and draft content and contacts for clients.

We may update, change, or remove features at any time. We will not materially reduce the core functionality of a paid plan during a billing period without notice.

You must be at least 18 years old to use the Service. You are responsible for the accuracy of account information, for keeping login credentials secure, and for activity under your account. Notify us immediately at james@bigears.ai if you suspect unauthorised access.

Accounts are issued on a per-seat basis. You may not share login credentials, and each individual user must have their own account.

You agree not to:

• use the Service in a way that breaches any applicable law or regulation, including data protection, anti-spam, intellectual property, and export control laws;
• send unsolicited bulk communications, spam, deceptive outreach, or harassing messages to journalists, influencers, creators, or any other contacts surfaced through the Service;
• contact any individual we have identified as opted out or suppressed;
• reverse engineer, decompile, scrape, or attempt to extract source code from the Service;
• build a competing product using the Service or the Service's output;
• resell, sublicense, or make the Service available to third parties outside your organisation without our written permission;
• upload content you do not have the right to use, or content that is unlawful, defamatory, infringing, malicious, or harmful;
• interfere with the Service, bypass rate limits or access controls, or use the Service to attack another system;
• use the Service to make automated decisions that produce legal or similarly significant effects on individuals without independent human review.

You retain ownership of all content you upload or provide to the Service, including press releases, brand documents, knowledge base materials, organisation profiles, campaign materials, writing samples, and other inputs ("Client Content").

You grant us a worldwide, non-exclusive, royalty-free licence to host, copy, process, transmit, display, analyse, and generate outputs from Client Content solely to provide, secure, support, and improve the Service for you.

We do not use Client Content to train foundation models. We do not use one client's confidential Client Content to provide outputs, campaigns, recommendations, or managed services for another client.

You are responsible for ensuring you have the rights and permissions needed to upload Client Content and instruct us to process it.

The Service produces AI-generated output including relevancy scores, summaries, recommendations, reports, and draft content ("Output"). You may use Output for your internal and commercial purposes, subject to these terms.

Output is generated by statistical models and may be inaccurate, incomplete, biased, or out of date. You are responsible for reviewing Output before relying on it, publishing it, or sending it externally.

Because AI models can produce similar output for different users, we do not guarantee that Output is unique to you.

We use AI providers to support features such as summaries, recommendations, scoring, drafting, analysis, search, article generation, content refinement, and selected media generation. Current product features may use providers disclosed on our Subprocessors and AI Data Processing pages, including OpenAI, Anthropic, and Google AI services. We do not opt in to share Client Content with AI providers for model improvement, and we do not permit Client Content to be used for provider foundation model training under our commercial/API arrangements.

Standard provider retention may still apply for abuse monitoring, security, service operation, or legal compliance unless eligible zero data retention or equivalent controls are approved and enabled. Some workflows may use third party search or source discovery providers, as described on our Subprocessors page. More detail is set out in our AI Data Processing page.

The Service surfaces professional contact information and public context for journalists, influencers, creators, analysts, and similar contacts from public sources, client-provided information, interactions in the platform, and contact discovery or verification providers such as Hunter.

When you use this information, you must comply with all applicable laws, including UK GDPR, PECR, CAN-SPAM, and equivalent rules in other jurisdictions. Outreach is your responsibility. You must review and approve outreach before it is sent, honour opt-outs promptly, and not use the Service for spam or unlawful direct marketing.

We do not warrant that contact information is current, accurate, or that any individual welcomes outreach from you.

Connected mailbox features are optional. If you choose to connect Gmail, Outlook, or another mailbox provider, you authorise Big Ears AI to access and process the connected mailbox data necessary to provide the selected features.

These features may include sending user-approved outreach, syncing replies, displaying outreach history, managing aliases, tracking engagement, and improving draft outreach for your workspace.

You are responsible for ensuring that you have authority to connect the mailbox and instruct us to process mailbox data. You may disconnect a mailbox at any time. Big Ears AI does not require connected mailbox access for the core monitoring and intelligence features.

Big Ears AI may offer optional managed services to certain clients. Managed services are provided only for the client that ordered them and only for the agreed scope.

We will not use Client Content, confidential information, connected mailbox data, campaign strategy, organisation profile data, or other non-public client materials from one client to provide software outputs, managed services, campaigns, leads, recommendations, or strategic support to another client.

We will not use an agency client's confidential information to pitch against that agency client, compete with that agency client for its customers, or support another client's managed services.

Some features are free; others require a paid subscription or order form. Unless stated otherwise, fees are charged in advance, non-refundable, and exclude VAT and other applicable taxes.

We may change pricing for new billing periods on at least 30 days' notice by email or in-app. If payment fails, we may suspend or downgrade your account until payment is received.

We may offer free trials or paid pilots. Trial and pilot periods are limited in time and scope. Any work product you generate during a trial or pilot remains yours, but features and limits may change at the end of the trial or pilot period.

We and our licensors own all rights in the Service, including the software, models, designs, trademarks, and documentation. Nothing in these terms transfers ownership of the Service to you.

We grant you a non-exclusive, non-transferable, revocable licence to use the Service in line with these terms during your subscription.

We may use your name and logo to identify you as a customer in our marketing materials. If you do not want us to do this, email james@bigears.ai.

If you send us suggestions, ideas, or feedback about the Service, we may use them without obligation or compensation to you.

Each party will protect the other party's confidential information using at least the same care it uses for its own confidential information, and at minimum reasonable care. Confidential information does not include information that is public, already known to the receiving party, or independently developed without use of the disclosing party's confidential information.

Our processing of personal data is governed by our Privacy Policy. Where we process personal data on your behalf as part of the Service, we do so as a processor and our Data Processing Addendum applies and forms part of these terms unless a different signed data processing agreement applies.

You are the controller for personal data you provide to us or instruct us to process on your behalf, and you are responsible for having a lawful basis for that processing.

We aim to keep the Service available and reliable but do not guarantee uninterrupted access. We are not liable for downtime caused by third party providers, internet outages, force majeure, or factors outside our reasonable control.

You may cancel your subscription at any time from your account settings or by emailing us. Cancellation takes effect at the end of the current billing period unless we agree otherwise.

We may suspend or terminate your access if you breach these terms, if your use creates a security or legal risk, or if you fail to pay fees when due. Where practical, we will give notice and an opportunity to fix the issue first.

On termination, your right to use the Service ends. Data retention and deletion are handled in line with our Privacy Policy and any applicable DPA or order form.

The Service is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement.

The Service surfaces and analyses third party sources and produces AI-generated output. We do not warrant that any surfaced or generated information is accurate, complete, current, or suitable for any specific decision.

Nothing in these terms limits or excludes liability that cannot lawfully be limited or excluded, including liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.

Subject to that, neither party is liable to the other for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, business, goodwill, anticipated savings, or data, however arising.

Subject to the paragraph above, our total aggregate liability under or in connection with these terms in any 12 month period is limited to the fees you paid us for the Service in the 12 months immediately before the event giving rise to the liability, or GBP 100, whichever is greater.

You will defend and indemnify us against third party claims, losses, damages, and reasonable legal fees arising from Client Content you upload, your use of the Service in breach of these terms or applicable law, or outreach you carry out using information surfaced through the Service.

We may update these terms from time to time. If we make material changes, we will notify account holders by email or in-app notice at least 30 days before the changes take effect where appropriate. Continued use of the Service after changes take effect means you accept the updated terms.

These terms are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction over any dispute arising out of or in connection with these terms or the Service, except that we may bring proceedings to protect intellectual property rights or confidential information in any court of competent jurisdiction.

Before starting formal proceedings, the parties will use reasonable efforts to resolve any dispute by good faith negotiation between senior representatives.

These terms, together with our Privacy Policy, DPA, and any order form you sign with us, are the entire agreement between you and us about the Service. They replace any prior agreements on the same subject.

You may not assign or transfer these terms without our written consent. We may assign these terms in connection with a merger, acquisition, reorganisation, or sale of all or substantially all of our business.

If any provision of these terms is held to be unenforceable, the remaining provisions remain in full force. A failure to enforce a right or provision is not a waiver. There are no third party beneficiaries.

Samir James Shamsi, trading as Big Ears AI.
Email: james@bigears.ai