Terms and conditions

This is a courtesy translation. The binding version of these terms is the Spanish one: Términos y condiciones. If the two texts differ, the Spanish version prevails.

Last updated: 2026-08-18

These terms govern the use of Nirby. By creating an account, taking out a plan or using the service, you accept what follows. If you are contracting on behalf of an organisation, you represent that you have authority to bind it.

If you signed a contract, a service order or a pilot agreement with us, that document governs over these terms wherever they conflict.

1. What Nirby is

Nirby: Foreby (from here on, “Nirby”) is a platform for publishing conversational forms with artificial intelligence (Forms), automatically processing what comes in (Pipelines), analysing each submission (Submissions), generating documents (deliverables) and sharing a digital space of their own with each customer (Sales Room), all inside an isolated workspace (Workspace).

We call Customer Content everything that enters through your Workspace: the configuration of your Forms, your documents, and the answers, files and data you receive from your visitors.

2. Your account

• You must provide truthful registration details and keep them up to date.
• You are responsible for your credentials and for the activity on your account. Tell us as soon as you detect unauthorised use.
• You can invite members to your Workspace and assign them roles. You answer for what they do inside it.
• To use Nirby you must be at least 18 years old and have legal capacity to contract.

3. Plans, usage and billing

• The service is provided according to the plan taken out, which defines usage and storage quotas.
• When a quota is reached, we notify you and offer to increase it; certain features may be limited until it is increased or space is freed.
• Current prices and commercial terms are published on the plans page.
• We may change prices with 30 days’ notice. The change does not affect a period already paid for.
• Pilots and trials are provided as is, for the agreed period and with no commitment to continuity.

4. Acceptable use

You may not use Nirby to:

• Carry out illegal activities, or to collect data without the necessary legal basis or consent.
• Send unsolicited bulk communications.
• Impersonate a person or organisation, or pass off as human what is automated where the law requires this to be disclosed.
• Upload content that infringes third-party rights, or malware.
• Make automated decisions with legal or significant effects about a person without human review and without the safeguards applicable regulations require.
• Attempt to access other Workspaces, circumvent technical limits, reverse engineer, or subject the service to loads intended to degrade it.
• Resell or give third parties access to the service beyond what your plan provides for.

We may suspend access, immediately and proportionately, in the face of a serious breach or a risk to the security of the platform or of other customers.

5. Your content is yours

You keep all rights over the Customer Content. You grant us a limited, non-exclusive and revocable licence to host it, process it, display it and transmit it to our providers for the sole purpose of providing the service to you — including its processing by AI model providers to generate questions, analyses and documents.

That licence ends when you delete the content or close your account, except for backup copies that are overwritten in the normal cycle and anything we must keep by law.

We do not use your content to train our own models or third-party models. More information in our privacy policy.

6. Your responsibilities towards your visitors

When you publish a Form or share a Sales Room, you are the one deciding what data is requested and what it is used for. It is up to you to:

• Inform people and obtain the consent applicable regulations require.
• Publish your own privacy policy and handle the rights requests you receive.
• Make sure what you ask for is lawful and proportionate, especially where sensitive data is involved.

We process that data on your behalf, following your instructions and what was agreed in the DPA (Data Processing Agreement) accepted when the service was contracted.

7. Outputs generated by artificial intelligence

Nirby generates questions, analyses, summaries and documents with AI models. Those outputs:

• are assistance, not professional, legal, financial or medical advice;
• may contain errors, omissions or incorrect statements;
• must be reviewed by a person before being used to decide, publish or send anything to a third party.

We do not guarantee their accuracy or their fitness for a particular purpose, and the final decision — and the responsibility for it — always belongs to whoever makes it.

8. Availability, changes and support

We work to keep the service continuously available, but there may be interruptions due to maintenance, incidents or outside causes. Specific availability commitments and support response times:

More information in the Service Level Agreement and in the support policy.

We may evolve the product: add, change or withdraw features. If we withdraw something significant, we will give reasonable notice.

9. Intellectual property

Nirby’s software, brand, design and documentation are ours or our licensors’. These terms transfer no rights over them to you beyond use of the service. If you send us suggestions, we may use them with no obligation or compensation.

10. Confidentiality

Each party undertakes to protect the other’s confidential information that it accesses in connection with the service, and to use it only to comply with what was agreed.

11. Termination

• You can cancel your subscription whenever you want, effective at the end of the paid period (with no pro-rata refund).
• We may terminate the service for a serious breach that is not remedied, or with notice — usually 30 days — for any cause.
• After termination you have 30 days to export your content; afterwards we delete it in line with the privacy policy.

12. Warranties and liability

The service is provided “as is” and “as available”, with no implied warranties beyond those the law imposes and that cannot be excluded.

To the extent the law allows, we are not liable for lost profits, lost opportunities or indirect damages, and our total liability is limited to what was paid in the 12 months prior to the event.

None of this excludes liability for wilful misconduct or gross negligence.

13. Indemnity

You will hold us harmless against third-party claims arising from your Customer Content or from a use of the service that breaches these terms or the law.

14. Governing law and jurisdiction

These terms are governed by the law of Chile. Any dispute will be submitted to the competent courts of Santiago, Chile.

15. Changes to these terms

If we update them, we will change the date in the header and give reasonable notice when the change is significant. Continuing to use the service after they take effect means accepting them.

16. Contact

Nirby SpA · 2 Oriente 124, Oficina 205, Edificio 02, 2340000 Viña del Mar, Chile · contracts@nir.by