SmartPlans free trial terms
SmartPlans Free Trial Terms
Version 1 — 9 June 2026 (designed to work with the current Birdie Terms and Conditions dated 27 March 2024 and the SmartPlans Additional Product Terms)
Key terms at a glance
- You get three (3) free hours of SmartPlans audio recording per branch or office of your agency. No card or upfront payment is required.
- During the free trial, the SmartPlans Additional Product Terms (the “SmartPlans Terms”), the Birdie main Terms and Conditions and the SmartPlans DPA all apply to your use of SmartPlans, except that no fees are payable for the free trial hours.
- When you finish your three free hours, or 60 days after you first use SmartPlans (whichever comes first), your use of SmartPlans automatically continues on the Pay-for-use Plan at the standard per-hour rate (£3.50 per recording hour, exclusive of VAT, as at the date of these terms), invoiced monthly in arrears. You will not receive a separate reminder before the trial ends — please diarise the Trial End Date from the confirmation email sent to your billing contact at sign-up.
- You can cancel at any time during the free trial by emailing support@birdie.care — with no fees and no further obligations to use SmartPlans. There is no in-app cancellation option.
- Your Customer Success Manager can move you onto a Subscription Plan at a lower per-hour rate at any time.
- Audio Recordings made during the free trial are subject to the same data protection, retention and Product Improvement Purposes provisions as recordings made on a paid plan (see clause 12.3 of the SmartPlans Terms). Please read those provisions carefully.
- This summary is provided for convenience only. Where it differs from the operative clauses below, the operative clauses prevail.
1. Introduction and incorporation
1.1 These SmartPlans Free Trial Terms (the “Free Trial Terms”) govern your access to the free trial of SmartPlans offered by Birdie Care Services Limited (“Birdie”, “we”, “us”, “our”). They form part of your agreement with us in respect of your trial of SmartPlans.
1.2 In these Free Trial Terms:
(a) the “SmartPlans Terms” means the SmartPlans Additional Product Terms available at https://www.birdie.care/terms/smartplans-additional-product-terms, as in force from time to time; and
(b) the “main Terms” has the meaning given in clause 1.2 of the SmartPlans Terms (and means the Birdie Terms and Conditions available at https://www.birdie.care/terms/terms-and-conditions, as in force from time to time).
Capitalised terms used but not defined in these Free Trial Terms have the meanings given in the SmartPlans Terms or, failing that, the main Terms.
1.3 Incorporation of the SmartPlans Terms and main Terms. Except as expressly modified or supplemented by these Free Trial Terms, the SmartPlans Terms (including the SmartPlans DPA, the Product Improvement Privacy Notice, the Acceptable Use Policy, the Acceptable Partner Behaviour Policy and the Privacy Notices), and the main Terms, apply in full to your use of SmartPlans during the Free Trial. For the avoidance of doubt:
(a) clauses 4 (SmartPlans Services and your right to use them), 5 (Recording, consent and your responsibilities), 6 (Lifecycle of Audio Recordings and Transcripts), 7 (AI use and sub-processors), 8 (Data protection), 11 (Liability for SmartPlans) and 12 (Intellectual property — including clause 12.3, Product Improvement licence) of the SmartPlans Terms apply in full from your first use of SmartPlans under these Free Trial Terms; and
(b) clause 9 (Fees and payment for SmartPlans) of the SmartPlans Terms is modified as set out in clause 3 of these Free Trial Terms in respect of the Free Trial Hours only.
1.4 Acceptance. By completing the SmartPlans Free Trial sign-up form on our website, or otherwise commencing use of SmartPlans under these Free Trial Terms, you agree to be bound by these Free Trial Terms, the SmartPlans Terms, the main Terms, the SmartPlans DPA, the Product Improvement Privacy Notice, the Acceptable Use Policy and the Acceptable Partner Behaviour Policy. No SmartPlans Order Form, payment card or other payment authorisation is required to commence the Free Trial.
1.5 Order of precedence. In the event of any conflict between these Free Trial Terms, the SmartPlans Terms, the SmartPlans DPA and the main Terms in respect of your use of SmartPlans during the Free Trial, the documents take precedence in the following order: (a) the SmartPlans DPA; (b) these Free Trial Terms; (c) the SmartPlans Terms; (d) the main Terms; (e) the Acceptable Use Policy; and (f) the Acceptable Partner Behaviour Policy. Clause 13 of the SmartPlans Terms is modified accordingly for the Free Trial only.
2. Definitions specific to the Free Trial
In these Free Trial Terms, the following capitalised terms have the meanings set out below. Other defined terms have the meanings given in the SmartPlans Terms or the main Terms.
“Branch” means each branch, office, registered location or other operational unit through which you (or any agency under common control with you) deliver care services. For the purposes of these Free Trial Terms, branches operating under separate CQC (or analogous regulator) registrations are treated as separate Branches.
“Free Trial” means your access to and use of SmartPlans on the terms set out in these Free Trial Terms, prior to your transition to a paid plan in accordance with clause 4.
“Free Trial Hours” means up to three (3) hours of Audio Recording made through SmartPlans under the Free Trial in respect of each Branch, calculated and rounded in accordance with clause 9.3 of the SmartPlans Terms.
“Pay-for-use Plan” has the meaning given in clause 9.1(b) of the SmartPlans Terms.
“Per-Hour Rate” means £3.50 per recording hour (exclusive of VAT, which is payable in addition at the prevailing rate), being the standard per-hour rate for SmartPlans on the Pay-for-use Plan as at the date of these Free Trial Terms. The Per-Hour Rate may be revised from time to time in accordance with clause 9.9 of the SmartPlans Terms.
“Subscription Plan” has the meaning given in clause 9.1(a) of the SmartPlans Terms.
“Trial Start Date” means, in respect of each Branch, the date on which the Branch is first provisioned by Birdie to use SmartPlans (as recorded in our systems).
“Trial End Date” means, in respect of each Branch, the earlier of (a) the date on which the Free Trial Hours for that Branch are exhausted (calculated and rounded in accordance with clause 9.3 of the SmartPlans Terms); and (b) the date falling sixty (60) days after the Trial Start Date for that Branch.
3. Free Trial allowance and fees during the Free Trial
3.1 Free Trial allowance. Subject to these Free Trial Terms, each Branch is entitled to a one-time allocation of three (3) Free Trial Hours. The Free Trial Hours are allocated on a per-Branch basis and may not be transferred, pooled, aggregated or combined between Branches or between agencies under common control.
3.2 No fees during the Free Trial. No SmartPlans Subscription Fee, Per-Hour Rate, Unit Price, Subscription Variable Rate, set-up fee or other charge is payable in respect of the Free Trial Hours. Clauses 9.1 to 9.8 of the SmartPlans Terms (Fees, invoicing and payment) are suspended in respect of the Free Trial Hours only; they apply in full to all SmartPlans usage from the Trial End Date.
3.3 Calculation of usage. Audio recorded during the Free Trial is calculated and rounded in accordance with clause 9.3 of the SmartPlans Terms (per-billing-cycle rounding to the nearest 0.1 of an hour). The deleted-recordings rule in clause 9.4 of the SmartPlans Terms applies.
3.4 Data and Product Improvement Purposes. Audio Recordings, Transcripts, Care Plans and other materials transmitted via SmartPlans during the Free Trial are Customer Data for the purposes of the SmartPlans Terms. The licence and processing arrangements in clause 12.3 of the SmartPlans Terms (Product Improvement Purposes — including the non-anonymised data licence and the customer consent and indemnity requirements in clauses 12.3(c) to 12.3(f)) apply in full from the Trial Start Date. The 60-day retention rule for Audio Recordings in clause 6.1 of the SmartPlans Terms (and the carve-out for Product Improvement Purposes) applies in full during and after the Free Trial.
3.5 All other obligations apply. Your responsibilities in clause 5 of the SmartPlans Terms (recording, consent and Authorised User obligations), your compliance obligations in clause 7 of the main Terms (Using the Services) and the Acceptable Use Policy, and your obligations under the Acceptable Partner Behaviour Policy, apply in full during the Free Trial. SmartPlans is provided during the Free Trial on the ‘as available’ basis described in clause 4.3 of the SmartPlans Terms, with no commitment as to availability, uptime or accessibility.
4. End of the Free Trial and automatic rollover to the Pay-for-use Plan
4.1 Automatic rollover. Immediately on the Trial End Date for a Branch, your use of SmartPlans at that Branch will automatically continue on the Pay-for-use Plan at the Per-Hour Rate, invoiced monthly in arrears in accordance with clause 9.5 of the SmartPlans Terms. No further action is required from you; no separate SmartPlans Order Form is required. The Pay-for-use Plan begins on the Trial End Date and continues on a rolling basis in accordance with clause 10.1(c) of the SmartPlans Terms until terminated under clause 10.2(b) of the SmartPlans Terms. For the purposes of the SmartPlans Terms (including clauses 10.1(c) and 11.2(a)), the SmartPlans Effective Date for the Pay-for-use Plan that commences on rollover is the Trial End Date.
4.2 Notice before rollover. You should treat the confirmation email sent to your billing contact at sign-up as your notice of the anticipated Trial End Date and of the automatic rollover to the Pay-for-use Plan. We will not send any further email reminder or in-app notification before the Trial End Date.
4.3 Continued use is acceptance. Your continued use of SmartPlans at a Branch on or after that Branch’s Trial End Date constitutes your acceptance of the Pay-for-use Plan on the SmartPlans Terms in full. The Per-Hour Rate that applies is the Per-Hour Rate in force at the relevant time (as revised from time to time in accordance with clause 9.9 of the SmartPlans Terms).
4.4 Free Trial Hours do not carry forward. Any Free Trial Hours not used by the Trial End Date expire automatically, without refund, credit or other compensation. Free Trial Hours have no monetary value, cannot be redeemed for cash, cannot be transferred to any other person, and cannot be credited against any future SmartPlans fees (including any Per-Hour Rate or Unit Hours under a Subscription Plan).
5. Subscription Plan
5.1 Moving to a Subscription Plan. At any time before or after the Trial End Date, you may agree a Subscription Plan with us by executing a SmartPlans Order Form. A Subscription Plan offers a lower per-hour rate in exchange for a committed minimum number of Unit Hours per month, on the terms set out in clause 9 of the SmartPlans Terms and the SmartPlans Order Form. Please contact your Customer Success Manager (or support@birdie.care) to discuss Subscription Plan options.
5.2 Effect on the Free Trial. If you move to a Subscription Plan during the Free Trial, the Free Trial ends with effect from the SmartPlans Effective Date specified in the SmartPlans Order Form, and any unused Free Trial Hours expire on that date in accordance with clause 4.4.
6. Cancellation during the Free Trial
6.1 Your right to cancel. You may cancel SmartPlans at any time before the Trial End Date, with immediate effect, by emailing support@birdie.care from an email address belonging to an authorised contact for your account, with the words “Cancel SmartPlans trial” and your account or sign-up reference in the subject line. Cancellation takes effect on the date we acknowledge receipt of your notice (which we will do within one business day). Cancellation under this clause 6.1 is free of charge and discharges you from any obligation to pay the Per-Hour Rate or any other SmartPlans fee in respect of the cancelled Branch.
6.2 Our right to suspend or end the Free Trial. We may, on reasonable notice, suspend, withdraw or end your Free Trial at any time (with or without offering a paid plan in its place), including where we reasonably consider that the Free Trial is being used in breach of clause 7 of these Free Trial Terms, the Acceptable Use Policy or the Acceptable Partner Behaviour Policy. We may also vary or withdraw the Free Trial offer generally at any time on reasonable notice.
6.3 Effect of cancellation on data. Clause 6 (Lifecycle of Audio Recordings and Transcripts) and clause 10.4 (Effect of termination on data) of the SmartPlans Terms apply on cancellation of the Free Trial under this clause 6 in the same way as on termination of SmartPlans. In particular, the Product Improvement Purposes licence in clause 12.3 of the SmartPlans Terms survives cancellation in accordance with clause 12.3(g) of the SmartPlans Terms.
7. Anti-abuse and eligibility
7.1 One Free Trial per Branch. Each Branch is entitled to one Free Trial only. The Free Trial is intended for the bona fide evaluation of SmartPlans within a UK home care delivery context.
7.2 Our right to decline or revoke. We may decline to offer, or revoke, a Free Trial (and, in the event of revocation, require payment at the Per-Hour Rate for any Free Trial Hours already consumed) where we reasonably consider that:
(a) a Branch (or any agency under common control with it) is attempting to obtain repeated Free Trials, or has previously had a Free Trial in respect of substantially the same operations;
(b) the Free Trial is being used in breach of these Free Trial Terms, the SmartPlans Terms, the main Terms, the Acceptable Use Policy or the Acceptable Partner Behaviour Policy;
(c) the Free Trial is being used otherwise than for the bona fide evaluation of SmartPlans within a UK home care delivery context (including by way of benchmarking, competitive analysis, or for the development of a competing product); or
(d) you are insolvent, in administration, or otherwise unable to meet your payment obligations on roll-over to the Pay-for-use Plan.
8. Liability during the Free Trial
8.1 Liability provisions of the SmartPlans Terms apply. Clause 11 of the SmartPlans Terms (Liability for SmartPlans), including the exclusions and carve-outs in clause 11.3, applies to your use of SmartPlans during the Free Trial.
8.2 Liability cap during the Free Trial. The SmartPlans-specific cap in clause 11.2(a) of the SmartPlans Terms is calculated on the basis of SmartPlans Subscription Fees paid; during the Free Trial, no such fees are paid. Accordingly, and subject to clause 13.7 of the main Terms (liabilities that cannot be excluded or limited):
(a) in respect of any claim arising in connection with SmartPlans during the Free Trial (whether or not it crystallises before, on or after the Trial End Date), our total liability is limited to the greater of (i) £1,000; and (ii) the total Per-Hour Rate that would have been payable for the Free Trial Hours consumed by you up to the date the claim arose, calculated as if those hours had been recorded under the Pay-for-use Plan at the Per-Hour Rate then in force;
(b) the cap in sub-clause (a) operates within (and counts towards) the overall liability cap in clause 13.5 of the main Terms; and
(c) from the Trial End Date, the SmartPlans-specific cap in clause 11.2 of the SmartPlans Terms applies in the ordinary way.
8.3 No service-level commitment. Without limiting clause 3.5 of these Free Trial Terms, you acknowledge that SmartPlans is provided during the Free Trial on the ‘as available’ basis described in clause 4.3 of the SmartPlans Terms, that the AI-generated outputs are subject to the disclaimer in clause 4.4 of the SmartPlans Terms, and that no service credit, refund or other compensation is payable in respect of any unavailability of SmartPlans during the Free Trial.
9. Feedback
9.1 Sharing feedback. We may, from time to time, ask you and your Authorised Users to provide feedback on SmartPlans during or after the Free Trial. Any feedback you provide is subject to clause 12.4 of the SmartPlans Terms (assignment of intellectual property rights in feedback). Provision of feedback is welcome but not a condition of the Free Trial or of rollover to the Pay-for-use Plan.
10. Changes to these Free Trial Terms
10.1 We may update these Free Trial Terms from time to time. We will give you reasonable notice of any material change. The version of these Free Trial Terms that applies to your Free Trial is the version in force on the Trial Start Date for the relevant Branch (unless you continue to use SmartPlans after we have notified you of a change, in which case the updated version applies from the effective date of the change).
10.2 Where to find the current version. The current version of these Free Trial Terms is available at https://www.birdie.care/terms/smartplans-free-trial-terms. We will retain previous versions and provide them on request.
11. Acceptance and contact
11.1 By starting the Free Trial (whether by completing the sign-up form on our website, by checkbox, by signature or by any use of SmartPlans), you agree to be bound by these Free Trial Terms, the SmartPlans Terms, the main Terms, the Acceptable Use Policy, the Privacy Notices, the Acceptable Partner Behaviour Policy (available at https://www.birdie.care/acceptable-partner-behaviour-policy) and the SmartPlans DPA.
11.2 To contact us about the Free Trial or SmartPlans, please email support@birdie.care (in accordance with clause 18.11 of the main Terms).
— End of SmartPlans Free Trial Terms —
