Firebird Solutions Limited · NZBN 9429054006225 · Auckland, New Zealand
Effective date: 9 October 2026 Last updated: 9 October 2026 Version: 2.1
Atamaia ("Atamaia", "we", "us", "our") is an AI identity, memory and context management platform operated by Firebird Solutions Limited (New Zealand limited liability company, NZBN 9429054006225), trading as Firebird Solutions, of 34 Rainsford Road, Pukekohe, Auckland 2120, New Zealand.
These Terms of Service (the "Terms") form a binding agreement between you and Firebird Solutions Limited. They apply when you:
If you do not agree to these Terms, do not use the Hosted Service.
Separate terms apply to the Atamaia source code — see section 4.
The following documents are incorporated into these Terms by reference and form part of your agreement with us:
| Document | Covers |
|---|---|
| Privacy Policy | How we handle personal information |
| Acceptable Use Policy | What you may and may not do with the service |
| Subprocessors | Third parties that may process customer data |
| Data Processing Addendum | Applies where you are a business customer subject to GDPR or similar laws |
Where a conflict exists, the order of precedence is: a signed written agreement with us, then the Data Processing Addendum, then these Terms, then the other referenced documents.
"Account" — your registered account on the Hosted Service.
"AI Identity" — a named, persistent AI persona within Atamaia that holds memories, preferences and context.
"Customer Content" — everything you or your AI Identities store in, or transmit through, the Hosted Service: memories, facts, documents, tasks, messages, projects, identity configurations, prompts, and any output stored back into the platform.
"External Provider" — a third-party AI model, embedding, or inference service that you choose to configure and connect to your Account (for example by supplying your own API key).
"Tenant" — the isolated data boundary within which your Account, users, AI Identities, projects and Customer Content sit.
"Service Data" — data we generate about the operation of the Hosted Service: request telemetry, logs, usage counts, performance metrics and billing records.
The Hosted Service provides persistent memory, identity, context and related management capabilities for AI systems, accessible via REST API, MCP, and a web dashboard. Available features, quotas and limits depend on your plan, as published at atamaia.ai/pricing.
Atamaia is, by default, a storage, retrieval and orchestration service. In its default configuration:
This includes the generation of the embeddings that make retrieval work, which runs on a model on hardware we operate.
This is a platform-level configuration under our control, and we treat changing it as a subprocessor change. If we adopt a third-party service for any platform-side inference, we will list it at /subprocessors and give at least 30 days' notice before the change takes effect.
This default may change only in the ways described in section 10 (External Providers), which you control.
We may add, change, or remove features. For changes that materially reduce functionality you rely on in a paid plan, we will give at least 30 days' notice by email to your Account address, except where a change is required urgently for security, legal or safety reasons.
The Atamaia source code is not currently published. If and when we publish it, your rights to use, copy, modify and distribute the source code will be governed exclusively by the licence published with it, and nothing in these Terms limits those rights.
These Terms govern the Hosted Service only. They do not restrict any rights you may have in the source code under a licence we publish for it.
If you deploy Atamaia yourself ("Self-Hosted Deployment"):
You must be at least 16 years old, or the age of digital consent in your jurisdiction if higher, to create an Account. If you are using the Hosted Service on behalf of an organisation, you warrant that you have authority to bind that organisation to these Terms, and "you" means that organisation.
You are responsible for:
API keys grant programmatic access to your Tenant. Treat them as you would a password. We are not liable for loss arising from your failure to secure them.
The Hosted Service supports multiple users within a Tenant, organised through role-based access control, an organisational unit tree, and group membership on resources such as projects. Where you add users to your Tenant:
The Hosted Service is currently offered on an early access basis. This means:
We commit to:
You should maintain your own backups of anything you cannot afford to lose. Export is available at any time through the dashboard or API.
When the Hosted Service leaves early access:
Plans, prices and quotas are published at atamaia.ai/pricing. Optional quota boosts may be purchased in addition to a base plan.
Paid plans are billed monthly in advance. Payments are processed by Stripe, Inc. We do not receive or store your full payment card details; card data is handled by Stripe under its own terms and privacy policy. You authorise us (through Stripe) to charge your nominated payment method for all fees due.
Prices include New Zealand GST (we are GST-registered, no. 149870199) unless stated otherwise at checkout. You are responsible for any other taxes, duties or withholdings applicable in your jurisdiction, other than taxes on our income.
You may cancel at any time from your dashboard. Cancellation takes effect at the end of the current billing period; you retain access until then.
Fees are non-refundable, except as expressly provided in section 16.2 (where we terminate for convenience), in the Data Processing Addendum section 8.3 and the subprocessors page (where you object to a new subprocessor), and where a refund is required under the New Zealand Consumer Guarantees Act 1993 or the Australian Consumer Law (see section 20). Outside those cases we do not provide pro-rata refunds for partial months, unused quota, or periods of non-use.
If a payment fails, we may retry it and will notify you. If payment remains outstanding after 14 days, we may downgrade your Account to the free plan or suspend access. We will not delete Customer Content for non-payment without giving you at least 30 days' notice and the opportunity to export.
We may change prices with at least 30 days' notice by email. Changes take effect at your next billing period. If you do not accept a price change, your remedy is to cancel before it takes effect.
Quotas (identities, memories, projects, request rates) are enforced per plan. We may throttle, queue or reject requests that exceed your quota. Sustained excessive use that degrades the service for others may be limited even where it is nominally within quota.
The free plan is provided at no charge and, in addition to section 6:
Do not use the free plan for anything you cannot afford to lose.
On downgrade from a paid plan (see section 7.5), content exceeding free-plan quotas becomes read-only rather than being deleted, and remains exportable. We will not delete it without the 30 days' notice required by section 7.5.
You retain all right, title and interest in Customer Content. We claim no ownership of it.
You grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, transmit, index, encrypt, back up and display Customer Content solely to the extent necessary to operate, secure and support the Hosted Service for you. This licence ends when the content is deleted, except to the extent it persists in backups or in the records described in section 16.3.
We will not:
Personnel may access Customer Content only:
Access is limited to personnel who need it and is logged.
You are responsible for Customer Content and warrant that:
The Hosted Service may be used to store sensitive personal information — including health information — where you have the right to do so. In that case:
We do not currently hold certifications for regulated data regimes. In particular, we do not offer HIPAA Business Associate Agreements, and we are not PCI-DSS certified for cardholder data. Do not store protected health information subject to HIPAA, full payment card numbers, government identity credentials, or classified or export-controlled material in the Hosted Service. Section 3 of the Acceptable Use Policy is the authoritative list.
We may use Service Data — request telemetry, usage counts, performance metrics and billing records — to operate, secure, troubleshoot, and improve the Hosted Service, to plan capacity, and to produce aggregated statistics that do not identify you, your tenant or any individual. We may publish such aggregated statistics.
This does not extend to Customer Content. Nothing in this section permits us to use the substance of your memories, facts, documents, tasks or messages for any purpose beyond operating the service for you, and nothing here permits training AI models on it — see section 9.3.
If you send us suggestions or feedback about the Hosted Service, we may use it without obligation or compensation. This does not give us any right to Customer Content.
The Hosted Service allows you to connect External Providers — third-party AI model, embedding or inference services — by supplying your own credentials.
This is off by default. Nothing is sent to an External Provider unless you configure one.
If you configure an External Provider:
We will show you which External Providers are configured for your Tenant. We recommend reviewing this before storing sensitive information.
You must comply with the Acceptable Use Policy. In summary, you must not use the Hosted Service to break the law, harm others, infringe rights, compromise security, circumvent quotas, or store content you have no right to store.
We may investigate suspected breaches and may suspend or terminate access under section 16.
You may access the Hosted Service programmatically through the documented REST API and MCP interfaces. You must:
We may change API behaviour subject to the notice commitment in section 6.
Agent execution features consume model tokens and incur costs. Agent inference routes through the same model routing as the rest of the service: by default, models we operate on our own hardware, plus cloud models you explicitly select (disclosed under Privacy Policy section 6). Embeddings for retrieval are generated on hardware we operate. Agent runs never require you to supply your own provider credentials unless you choose to use a cloud model.
Call and token-usage telemetry generated by model routing is Service Data held on our New Zealand infrastructure. Content sent to a cloud model you have selected is processed by that provider outside New Zealand — the Privacy Policy, section 9, carries the complete cross-border disclosure.
Where an agent you configure runs autonomously, you remain responsible for its actions, its resource consumption and the content it creates or transmits as if you had performed them yourself.
Our handling of personal information is described in the Privacy Policy.
Where you are a business customer and we process personal information on your behalf as a processor, the Data Processing Addendum applies and forms part of these Terms.
Each party may receive non-public information from the other. The receiving party will protect it with at least reasonable care, use it only for purposes of this agreement, and not disclose it except to personnel and advisers who need it and are bound by equivalent obligations, or where required by law. This does not apply to information that is public through no fault of the receiving party, independently developed, or lawfully received from a third party.
Other than any source code we release under a separate licence, and Customer Content, all intellectual property in the Hosted Service — including its design, documentation, and the "Atamaia", "AIM" and "Firebird Solutions" names and logos — remains ours or our licensors'.
You may not use our names or logos in a way that suggests we operate, endorse or support your deployment or product, without our prior written permission. Nominative reference ("built on Atamaia") is permitted where accurate and not misleading.
You may stop using the Hosted Service and close your Account at any time from the dashboard, or by contacting [email protected]. Closing requires your password confirmation. You are offered an export first, the erasure is irreversible, and a deletion receipt is emailed to you when it completes — see section 16.3.
We may suspend or terminate your access:
Where we suspend rather than terminate, we will tell you why (unless legally prevented) and what you need to do to restore access.
On termination:
To the maximum extent permitted by law, and subject to section 20:
AI output is probabilistic. Memory retrieval, context assembly and agent behaviour can surface incorrect, incomplete or out-of-date information. You must not rely on the Hosted Service as the sole basis for any decision with legal, financial, medical, safety or similarly significant consequences.
To the maximum extent permitted by law, and subject to section 20:
18.1 Neither party is liable for indirect, incidental, special, consequential or punitive damages, or for loss of profit, revenue, goodwill, business opportunity or anticipated savings, however arising.
18.2 Our total aggregate liability arising out of or in connection with these Terms and the Hosted Service, whether in contract, tort (including negligence), equity or otherwise, is limited to the greater of:
18.3 Enhanced cap for data-protection events. Where the claim arises from our breach of our data-protection obligations (the Privacy Policy or the DPA) — unauthorised access to, disclosure of, or loss of your Customer Content — the cap in 18.2 instead is the greater of:
This reflects what a memory product is: the cap on the failure mode that matters most to you is an order of magnitude above the cap on ordinary service failures. For enterprise agreements the enhanced cap may be superseded by a negotiated figure in the DPA's enterprise schedule.
18.4 Free plan. Where you use the Hosted Service on a free plan, our total aggregate liability is limited to NZ$100, except that the enhanced cap in 18.3 applies to data-protection events.
18.5 Nothing in this section limits liability that cannot lawfully be limited, including liability for fraud, for death or personal injury caused by negligence, or under the non-excludable consumer guarantees described in section 20.
18.6 These limitations reflect the allocation of risk between the parties, the early access nature of the Hosted Service, and the prices charged. They apply even if a limited remedy fails its essential purpose.
If you use the Hosted Service for the purposes of a business, the disclaimers in section 17 apply to their full extent: the service is provided "as is" and "as available", without warranties of any kind beyond those stated in these Terms, and section 18's limits apply without further carve-outs beyond those stated.
If you use the Hosted Service for personal, domestic or household purposes, sections 17 and 18 apply subject to section 20 — the non-excludable consumer guarantees are not disclaimed, limited or contracted out of. Section 20's business-user exclusions do not apply to you.
You will indemnify us against any third-party claim, and reasonable legal costs, arising from:
We will notify you promptly of any such claim, give you control of the defence (subject to our right to participate with our own counsel at our cost), and reasonably cooperate. You may not settle a claim in a way that imposes an obligation or admission on us without our written consent. Your obligations under this section are not subject to the limitations and exclusions in section 18.
We will defend you against any third-party claim that your permitted use of the Hosted Service, as we provide it and without modification, infringes that party's New Zealand or European Union intellectual property rights, and pay any damages finally awarded or settlement we approve. Our obligations here do not apply where the claim arises from Customer Content, from content retrieved, generated or assembled through the service (including anything an AI identity produces from stored memories), from your combination of the service with things we did not provide, or from use after we advised you of a modification that would have avoided the claim. Where we receive information of such a claim, we may, at our option and expense: procure the right for you to continue using the affected part of the service; modify or replace it so it no longer infringes; or, if neither is commercially reasonable, terminate the affected part and refund any prepaid fees covering the period after termination. This indemnity states your exclusive remedy for such a claim and is subject to section 18's caps.
For free-plan users, this indemnity is limited to claims arising from our infringement of another's intellectual property by the Hosted Service itself, and excludes legal costs beyond a reasonable amount.
Nothing in these Terms limits your rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 where those Acts apply.
If you acquire the Hosted Service for the purposes of a business, you agree that the Consumer Guarantees Act does not apply, and that this exclusion is fair and reasonable, in accordance with section 43 of that Act. You also agree that sections 9, 12A, 13 and 14(1) of the Fair Trading Act do not apply, and that it is fair and reasonable to be bound by this provision.
Where the Australian Consumer Law applies, our goods and services come with guarantees that cannot be excluded. Where we are permitted to limit our liability for a failure to comply with a consumer guarantee, our liability is limited to resupplying the service or paying the cost of resupply.
If mandatory consumer protection law in your jurisdiction gives you rights that these Terms would otherwise limit, those rights prevail to the extent of the inconsistency.
Neither party is liable for failure to perform (other than a payment obligation) caused by events beyond its reasonable control, including natural disaster, war, civil unrest, epidemic, industrial action, failure of internet infrastructure or third-party services, or government action. The affected party must notify the other and use reasonable efforts to resume performance.
These Terms are governed by the laws of New Zealand. The courts of New Zealand have non-exclusive jurisdiction, meaning we may also bring proceedings in a court that has jurisdiction over you.
Before starting proceedings, each party will first raise the issue in writing and the parties will attempt in good faith to resolve it within 30 days. This does not prevent either party seeking urgent interim relief.
We may update these Terms. For material changes we will give at least 30 days' notice by email to your Account address and by notice in the dashboard, and will publish the updated version with a new effective date. Continued use after the effective date constitutes acceptance. If you do not accept a change, your remedy is to stop using the Hosted Service and cancel before the change takes effect.
We maintain a change log at the foot of this page.
Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition or sale of assets, on notice to you.
Entire agreement. These Terms and the documents incorporated by reference are the entire agreement between the parties about the Hosted Service and supersede prior discussions.
Severability. If any provision is unenforceable, it is modified to the minimum extent necessary to make it enforceable, or severed, and the rest continues in force.
No waiver. A failure to enforce a right is not a waiver of it.
Notices. We will send notices to your Account email address. You should send notices to [email protected]. Notices are deemed received on the next business day after sending.
Relationship. The parties are independent contractors. Nothing creates a partnership, agency, employment or joint venture.
No third-party beneficiaries. Except as stated, no one other than the parties may enforce these Terms under the Contract and Commercial Law Act 2017.
| Purpose | Address |
|---|---|
| General and support | [email protected] |
| Legal notices | [email protected] |
| Privacy | [email protected] |
| Security reports | [email protected] |
Firebird Solutions Limited 34 Rainsford Road, Pukekohe, Auckland 2120, New Zealand
| Version | Date | Change |
|---|---|---|
| 2.1 | 9 October 2026 | Account closure is now self-service from the dashboard; deletion receipt is emailed on completion; export available through the dashboard as well as the API. |
| 2.0 | 8 October 2026 | Full rewrite: added early access, billing, liability, termination, consumer law, External Provider and open-source terms. |
| 1.0 | March 2026 | Initial short-form terms. |