Terms of Use

These Terms govern your use of https://bir.ch/ (the “Website”) and the Services. Your contracting entity is identified below under “Contracting entity”.

Contracting entity

“Birch” means the entity that is party to your agreement for use of the Website or Services. For new subscriptions first taken out on or after 1 October 2026 by customers whose billing address is in the European Economic Area when the subscription is taken out, that entity is Revealbot S.L. (Spain). A subscription is first taken out when your first paid billing cycle begins, whether or not it was preceded by a Trial Period. Your billing address at that moment determines which entity contracts with you. Existing subscriptions with Birch Team, Inc. (Delaware, USA), including their renewals, remain with Birch Team, Inc. unless an existing customer voluntarily enters into a new subscription agreement with Revealbot S.L. Other subscriptions are with Birch Team, Inc. Your agreement identifies the contracting entity. Where an invoice names a different entity, your agreement prevails, and a change in who pays or in your billing address after a subscription has been taken out does not by itself change the contracting entity. These Terms do not themselves transfer an existing agreement from one entity to the other. For use of the Website or a free trial before you enter into a subscription, Birch means Birch Team, Inc.

The following Terms of Use (“Terms”) regulate the access to and use of Services (as defined below). Please review the Terms carefully.

In order to use Services, you must be a registered user and have an advertising account on www.facebook.com (“Meta”) or www.instagram.com (“Instagram”) or on another supported advertising platform (including Google Ads, Snapchat Ads, and TikTok Ads) and you must accept these Terms when you sign up to the Services whereby you are entering into a legally binding agreement with Birch.

If you have entered into a separate Enterprise Services Agreement (“EA”) with Birch, the EA governs your use of the Services to the extent of any conflict with these Terms.

Your use of the Services is also subject to our Privacy Policy (https://bir.ch/legal/privacy/), our Data Processing Agreement (https://bir.ch/legal/data-processing/), and our Cookie Policy (https://bir.ch/legal/cookies/), each incorporated herein by reference.

1. Definitions

In these Terms, certain definitions (identified with initial capitalization) used shall have the meaning as specified on Meta. In addition, the following additional definitions shall have the meanings set forth below. Additional definitions are also provided elsewhere in these Terms.

“Agreement” means these Terms, including all policies, procedures, and/or guidelines that appear on the Website from time to time, as well as all Facebook Terms and Instagram Terms.

“Ads Content” means any and all information and files that you post, by the use of the Services, on Meta or Instagram, or on any other advertising platform supported by the Services.

“Facebook Terms” means any and all terms and conditions including policies, procedures and/or guidelines on Meta from time to time and currently published on https://www.facebook.com/legal/terms.

“Instagram Terms” means any and all terms and conditions, including policies, procedures, and/or guidelines on Instagram from time to time and currently published on https://help.instagram.com/478745558852511.
“Google Ads Terms” means any and all terms and conditions, including policies, procedures, and/or guidelines, for using Google Ads services, currently available at Google Ads Terms.

“Snapchat Ads Terms” means any and all terms and conditions, including policies, procedures, and/or guidelines, for using Snapchat Ads services, currently available at Snapchat Ads Terms.

“TikTok Ads Terms” means any and all terms and conditions, including policies, procedures, and/or guidelines, for using TikTok Ads services, currently available at TikTok Ads Terms.

“Other Platform Terms" means any and all terms and conditions, including policies, procedures, and/or guidelines, for using any other advertising platform that the Services support from time to time, as published by the operator of that platform.

“Membership” means the subscription service that entitles you to use Birch to publish and manage ads on Meta, Instagram, Google Ads, Snapchat Ads, and/or TikTok Ads.

“Birch” means the contracting entity identified under “Contracting entity” above.

“Trial Period” means the period of 14 days during which you may use Birch as a normal paying user without paying, before your subscription begins.

“Services” means the web-based features and services included in, and provided as part of, Birch.

The "Billing Cycle" refers to the recurring period (e.g., monthly or annually) during which membership fees are charged. Your billing cycle starts on the date you first subscribe to the service and renews automatically on the same day of each subsequent cycle unless canceled or terminated in accordance with these terms.

2. Use of services

The Website is not intended for individuals under the age of 18. Birch does not target its Services or the Website to individuals under the age of 18. Birch does not knowingly collect Personal Information (defined in Section 6 below) from individuals under the age of 18.

Birch grants you a non-exclusive, non-transferable, revocable, limited, personal right to use and access Services. Birch does not authorize other use or access, including, without limitation, by robots, spiders, crawlers, and scraping technologies. You are responsible for your own username and password (“Login Information”) and should not allow any third party to access or use your Login Information. You are responsible for all individuals that access Services through your Login Information (“Authorized Users”). You and your Authorized Users may use Services only for your own business, not to access Services in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of Services.

You will not reverse-engineer, disassemble, or decompile the Services, except to the extent expressly permitted by applicable law (including the EU Software Directive 2009/24/EC, Articles 5(3) and 6, regarding decompilation for interoperability).

Birch is a technical application, which provides with advanced management tools for Meta, Instagram, Google Ads, Snapchat Ads, TikTok Ads and other advertising platforms that the Services support from time to time. Therefore, in order to use Services, you must be a registered Meta, Instagram, Google Ads, Snapchat Ads, and/or TikTok Ads, and other advertising platforms that the Services support from time to time user and have an advertising account with Meta or Instagram.

3. Pricing

The fee for the Membership (the “Membership Fee”) shall be as quoted in Birch’s current price list, which can be reviewed at https://bir.ch/pricing/ , or as otherwise agreed in writing between you and Birch, including by email, quote or order form. All prices provided by Birch are (unless otherwise stated) exclusive of taxes and duties. You will have to provide a valid credit card or other payment method at the time of signing up for Membership.

Birch reserves the right to modify the Membership Fee and the prices for other Services from time to time in its sole discretion to cover any increase in Birch’s costs for the Services (including but not limited to increased costs of materials, labor, services, currency fluctuations or as a result of government taxes and levies). You shall not be entitled to make any deduction from the sum due for the Membership in respect of any set-off or counterclaim against Birch. You are not entitled to withhold payments by reason of any alleged defect in the Membership and/or other Service(s). Fees are generally non-refundable. If Birch terminates your account without cause before the end of a prepaid period, Birch will refund the pro-rata portion of prepaid fees for the unused period.

If you sign up for a Trial Period, Birch may require you to provide it with a valid credit card or other payment method and start charging you automatically on the first day after the Trial Period is over, unless you cancel your account before the end of the Trial Period.

You remain responsible at all times for the direct payment of the ads, if any, purchased through Services to Meta, Instagram, Google Ads, Snapchat Ads, and/or TikTok Ads.

4. Disclaimer and limitation of liability

Birch merely provides you with a technical application for advanced management of Meta and/or Instagram ads. You agree and acknowledge that you must evaluate and bear all risks associated with the publishing of ads on Meta, Instagram, Google Ads, Snapchat Ads, and/or TikTok Ads, and other advertising platforms . You further agree and acknowledge that Birch does not prescreen the Ads Content but that Birch shall have the right, in its sole discretion, to review, reject, or remove any Ads Content transmitted by the use of Birch.

Birch assumes no responsibility or liability for any errors, costs, loss, disclosure of or related to Ads Content or other information or data not being transferred to or published on Meta, Google Ads, Snapchat Ads, TikTok Ads, or other supported platforms or caused by malfunction in a transfer facility.

YOU USE ALL SERVICES AT YOUR OWN RISK. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, Birch DISCLAIMS ANY WARRANTIES, REPRESENTATIONS, GUARANTEES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Birch SPECIFICALLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, AND NONINFRINGEMENT, THAT SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE. NO ADVICE OR INFORMATION WHETHER VERBAL OR WRITTEN, OBTAINED FROM Birch OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THESE TERMS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.

Birch is not liable for any delay in the performance of its obligations under these Terms caused by circumstances that were not reasonably foreseeable by Birch at the time of entering into these Terms and the effects of which could not reasonably be avoided or overcome, including but not limited to reduced or disrupted access to Meta, Instagram, Google Ads, Snapchat Ads, TikTok Ads, or other supported platforms, disruption or delay in external networks or telephony connections or shortage in power supply. Birch shall not, in any case, be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with the use of Birch or Services, even if we have been advised of the possibility of such damages, and regardless of the legal theory on which any such damages may be based.

Without limiting the preceding paragraph, and whether characterised as direct, indirect or consequential loss, the damages excluded under it include: (a) amounts paid or payable by you to any advertising platform for advertising placed, extended or continued through the Services, including advertising spend incurred through any automated or agentic feature;

(b) the cost of honouring any offer, discount or price published through the Services;

(c) loss arising from the publication of information before you intended it to be published, where the publication resulted from the settings, limits or instructions you gave, and not from Birch acting outside them or from a breach by Birch of Section 16;

(d) claims made against you by your own customers; (e) fines or penalties imposed on you by a regulator; and

(f) any suspension, restriction or termination of your account, or of your advertising privileges, by an advertising platform.

Birch’s aggregate liability arising out of the use of Birch and/or Services will not exceed the greater of one hundred dollars ($100) or the amount you have paid to Birch in the past twelve (12) months. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, Birch’s liability will be limited to the fullest extent permitted by applicable law.

Nothing in these Terms excludes or limits Birch’s liability for fraud or fraudulent misrepresentation, for willful misconduct, or for gross negligence. The exclusions in the paragraphs above and the limit of liability in the preceding paragraph do not apply to liability of that kind.

If you are a consumer, nothing in this Terms excludes or limits any liability or any right that cannot be excluded or limited under mandatory law applicable to you, including liability for death or personal injury caused by negligence, liability for gross negligence or for intentional misconduct, and your statutory rights in respect of services that do not conform to the contract. Where such a right or liability applies to you, the exclusions and the limit of liability in this Section do not apply to it, and the remainder of this Section continues to apply.

5. Intellectual property rights

All copyright, designs, patents, trademarks, trade names, and other intellectual property rights (“IPR”) in and to Birch or displayed on the Website are and shall remain the exclusive property of Birch (or Meta, Instagram, or any third party as the case may be). You do not acquire any IPR to Birch apart from the right of use under these Terms. Any unauthorized reproduction, redistribution, publishing, transmission, modification, sale and any other usage of the IPR of Birch is prohibited and may result in civil and criminal penalties. As between you and Birch, you retain all IPR in and to your Ads Content.

By transmitting, sending or posting any Ads Content by the use of the Services, you grant Birch a non-exclusive, royalty-free license to use, copy, display, and modify such Ads Content solely as necessary to provide, maintain the Services for you, including to publish, schedule and manage your ads on the advertising platforms you have connected and to maintain the security, integrity and technical functioning of the Services, for the duration of your use of the Services plus 90 days.

Birch may also use Ads Content for aggregate analytics and benchmarking in de-identified form, provided that the results do not identify you, your customers, or any individual advertisement.

Birch does not use Ads Content to train, fine-tune, or otherwise develop machine learning or artificial intelligence models, whether Birch’s own models or those of a third party, and does not make Ads Content available to a third party for that purpose. Where you provide instruction text, a sheet name or a link to a document for use with an automated feature, you grant Birch a licence to that material on the same terms and for the same purposes as the licence granted above for Ads Content, limited to what is necessary to operate that feature.

6. Data collection

When you visit the Website and/or use Birch, you provide Birch with information as may be collected as you interact with the Website and/or Birch. Birch may process such information solely as necessary to provide the Services, in accordance with the Privacy Policy and Data Processing Agreement.

Submitting your name and e-mail address as well as any other requested Personal Information or any other personally identifiable information (collectively, “Personal Information”) is a condition to using the Services. The Personal Information that you provide will allow Birch to inform you of the Services as well as other services and products of interest. Birch may send you marketing communications as permitted by applicable law. Where consent is required, Birch sends them only after you have opted in. You may withdraw consent or object to marketing at any time. The legal bases on which Birch processes Personal Data are set out in the Privacy Policy.

Cookies may be used in order to make your visit to the Website easier, to enhance your experience, to keep track of the number of visitors to and the general use of this Website as well as to keep track of advertisement. A cookie is a small text file stored on your hard drive, which tracks your movements within the Website. The information collected from you on the Website helps us evaluate what types of information might be of interest to other visitors.

By creating an account, you acknowledge that Birch will process your Personal Information as described in the Privacy Policy.

Please review the Privacy Policy, available at https://bir.ch/legal/privacy/ and incorporated herein by reference, for a more detailed description of Birch collection and usage of your Personal Information.

7. Links from the website

This Website contains links to Meta, Instagram, and other websites that are not owned, controlled, or operated by Birch or any of its affiliates (“Third-Party Websites”). If you use these links, Birch cannot be held liable for any content, material, or other information displayed on those Third-Party Websites. Such links do not constitute an endorsement by Birch of those Third-Party Sites. You acknowledge that Birch is providing these links to you only as a convenience, and further agree that Birch is not responsible for the content of such Third-Party Sites. Your use of any Third-Party Site is subject to the terms of use and privacy policies located on the link to the Third-Party Site.

8. Relationship of parties

Nothing in these Terms or your use of the Services shall in any way constitute any agency, association, partnership, joint venture, or employee-employer relationship between you and Birch. You shall not have any right, power, or authority to make any representation or to assume or create any obligation, whether express or implied, on behalf of the other or to bind Birch in any manner.

9. Your indemnity

You agree to indemnify and hold Birch and its affiliates harmless, to the extent permitted by applicable law, from all loss and expenses, including reasonable attorney’s fees, which are based on or arise from (a) your violation of any of the provisions of these Terms or otherwise is related to your Ads Content and/or use of Birch, (b) allegations that yours Ads Content infringes or violates IPR, privacy rights, or other rights of a third party, or violates any applicable law, or (c) relating to, or arising from, your use of any Third-Party Websites or any third-party services.

10. Termination

These Terms shall be valid until terminated by you or Birch as provided below:

The Services that are free of charge during the Trial Period may be terminated by you at any time and without cause, either on the Billing page of your Birch account or by contacting the Birch customer support team at support@bir.ch. At the end of each Billing Cycle, your Membership will automatically renew unless you cancel it or Birch cancels it. You may terminate your Membership renewal either on the Billing page of your Birch account or by contacting the Birch customer support team at support@bir.ch. No notice period applies and no charge is payable for cancelling. Your cancellation will take effect at the end of the current Billing Cycle, and your Membership will continue until then.

If you are a consumer and your subscription renews automatically for a period of three months or longer, Birch will notify you at least 15 days before the last date on which you can tell us that you do not want the subscription to renew, stating (a) that date and (b) what happens if you do not tell us by then. Where these Terms set no such date, that date is the end of your then-current Billing Cycle. This does not limit any renewal-notice rights you have under applicable law.
You acknowledge and agree that you shall fulfill your obligations pursuant to these Terms until termination. Where these Terms provide for a refund of part of a fee, that part is calculated pro rata by reference to the unexpired part of the Billing Cycle.

IF YOU ARE DISSATISFIED WITH SERVICES OR HARMED BY Birch OR BY ANYTHING RELATED TO SERVICES, YOU MAY TERMINATE SERVICES IN ACCORDANCE WITH THIS SECTION OF THE TERMS, AS APPLICABLE. SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY (AND YOUR SOLE AND EXCLUSIVE LIABILITY) FOR ANY BREACH OF CONTRACT, EXCEPT THAT THIS DOES NOT LIMIT YOUR RIGHT TO A PRO-RATA REFUND WHERE BIRCH TERMINATES YOUR ACCOUNT WITHOUT CAUSE.

Birch may suspend or terminate your access if you materially violate these Terms, subject to reasonable prior written notice describing the breach and a reasonable opportunity to cure such breach. Birch may terminate immediately without notice for: (a) non-payment that remains uncured for 10 days after written payment reminder; (b) infringement of Birch’s intellectual property rights; or (c) insolvency or bankruptcy proceedings. Birch may terminate without cause by providing reasonable prior written notice. In such case, Birch will refund the pro-rata portion of any prepaid fees.

Upon termination, Birch will retain your data for 90 days to allow retrieval using available platform functionality. After this period, Birch will delete your data in accordance with our Privacy Policy and the Data Processing Agreement.

11. Dispute resolution

11.1 Governing law. These Terms and any dispute arising out of or in connection with these Terms or Services, are governed by and construed in all matters in accordance with the laws of State of New York, without regard to any conflict of law principles. This Section 11.1 is subject to Section 11.6.

11.2 Arbitration. Except as provided in Sections 11.3 and 11.6, all disputes arising out of or in connection with these Terms or the Services shall be finally settled under the Rules of the International Chamber of Commerce (the “Rules”) by one arbitrator appointed in accordance with the Rules. The arbitrator shall be knowledgeable in the chosen law and in the online advertising industry. At either party’s request, the arbitrator shall have the authority to determine issues of arbitrability and to award compensatory damages, but shall not award punitive or exemplary damages. The arbitration shall be conducted in the English language, and the place of arbitration shall be New York, New York. The parties, their representatives, and any other participants shall hold the existence, content, and results of arbitration in confidence.

11.3 Injunctive relief. Either party may, at its sole discretion, seek injunctive relief in any court of competent jurisdiction (including, but not limited to, preliminary injunctive relief).

11.4 Class and representative actions. YOU AND Birch AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Birch agree, no judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

11.5 Costs. A prevailing party in any action to enforce these Terms or to defend any action related to these Terms or Services shall be entitled to recover from the other party its reasonable fees for attorneys and expert witnesses, plus such costs and expenses as may be fixed by any court of competent jurisdiction.

11.6 Consumers. If you are a consumer — a natural person acting for purposes outside your trade, business, craft or profession, or, where the applicable law so provides, a legal person acting without a profit-making purpose in a field outside commercial or business activity — then:

(a) the choice of the law of the State of New York does not deprive you of the protection of the provisions of the law of the country in which you are habitually resident that cannot be derogated from by agreement;

(b) you may bring proceedings against Birch in the courts of the country in which you are habitually resident, and Birch may bring proceedings against you only in those courts;

(c) Nothing in Sections 11.2, 11.3 or 11.4 requires you to arbitrate, restricts the courts in which proceedings may be brought, or waives any right, to the extent the law applicable to you does not permit that result. Where that law requires an arbitration agreement to be made after a dispute has arisen, arbitration applies only if you and Birch then make an agreement that meets the requirements of that law; and

(d) Section 11.5 does not apply to you.

12. Operation of service

Birch reserves the right to modify, suspend, discontinue or restrict access to any portion of Birch and/or its Services at any time without notice and for any reason and will not be liable to you in any way for possible consequences of the aforesaid.

13. Amendments of Terms

Birch may change, amend or modify any of these terms or conditions, at any time and in Birch’s sole discretion. Changes will be notified to you by e-mail. All such modifications shall have effect 30 days after notice, unless indicated otherwise. If you do not consent to any changes in these Terms you must terminate Services pursuant to Section 10. Your continued use of the Website and Services will be subject to the then current Terms. Birch advises you to periodically review these Terms in order to be informed of any changes therein.

14. Assignment

Birch may assign its rights and obligations under these Terms to affiliates and other companies within the same corporate group. This Section does not change which entity contracts with you. That is determined by the definition of “Birch” above.

15. Severability

In the event that any provision of these Terms is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, such provision (or part thereof) shall be enforced to the extent possible consistent with the stated intention of the parties, or if incapable of such enforcement shall be deemed to be deleted from these Terms, while the remainder of these Terms shall continue in full force and remain in effect.

In the event of a conflict between these Terms, the Privacy Policy, and the Data Processing Agreement: (a) the Data Processing Agreement prevails with respect to the processing of Personal Information on behalf of the customer; (b) the Privacy Policy prevails with respect to Birch’s data collection and privacy practices as a controller; and (c) these Terms prevail for all other matters.
For details on GDPR compliance, CCPA/CPRA rights, data retention, and international transfers, please refer to the Privacy Policy at https://bir.ch/legal/privacy/.

16. Confidentiality

16.1 Confidential Information. "Confidential Information" means information that you make available to Birch through the Services or otherwise in connection with them and that you mark or identify as confidential, together with information that from its nature or from the circumstances of its disclosure a reasonable person would understand to be confidential. It includes, whether or not marked, your unannounced products and features, your planned launch dates, your unpublished pricing, discounts and promotional terms, and any campaign you identify as confidential.

16.2 Birch's undertaking. Birch will use your Confidential Information only to provide and support the Services and for the other purposes set out in these Terms, will not disclose it to any third party except as permitted by this Section, and will protect it with reasonable care. Birch may disclose your Confidential Information to its personnel, its affiliates and its service providers who need it for those purposes and who are subject to confidentiality obligations appropriate to their role.

16.3 Exceptions. This Section does not apply to information that is or becomes public other than through a breach of these Terms, that Birch already held free of any obligation of confidentiality before you disclosed it, that Birch develops independently without use of your Confidential Information, or that Birch receives from a third party free of any obligation of confidentiality.

16.4 Required disclosure. Birch may disclose your Confidential Information where it is required to do so by law or by a competent authority or court. Where it is lawful and practicable to do so, Birch will give you notice before disclosing, so that you may seek protective relief, and will limit the disclosure to what is required.

16.5 Duration. The obligations in this Section apply while these Terms are in force and continue thereafter for so long as the information remains confidential.

16.6 Personal data. Where information is also personal data, Section 6, the Privacy Policy and the data processing agreement between us govern how Birch processes it, and this Section applies in addition and not instead. Nothing in this Section enlarges the licence granted in Section 5 or permits any use of Ads Content that Section 5 excludes.

17. Automated and agentic features

17.1 What the feature does and your authorisation. The Services may include features by which an automated agent, acting on a routine or a rule you set up, decides whether and what to run, launches or skips rules, publishes creatives you have supplied, and changes campaign settings. By enabling such a feature, you instruct and authorise Birch to perform those actions on your behalf. Where the feature asks you to confirm before a run, your confirmation covers every action in that run. Where you enable the feature to operate without confirmation (autonomous operation), you authorise Birch to perform those actions without a further confirmation step before each run or action.

17.2 Limits. "Limit" means any part of an automated feature that operates deterministically on Birch's systems, that is, which is executed by Birch's software according to fixed rules and whose result does not depend on the output of an artificial intelligence model. Limits include, in particular, parameters that you set by selecting from options presented in the Services or by entering values in structured fields, such as schedules, frequencies, metrics, filters, thresholds, the advertising accounts, campaigns or sheets a feature may use, and approval settings, as well as fixed behaviours of the Services that apply to the feature, such as creating advertising in a paused state. A parameter proposed by an automated feature becomes a Limit only once you have confirmed or enabled it. Anything that an artificial intelligence model interprets, generates or decides is not a Limit, including instructions, constraints or preferences that you give in free text, as part of a prompt, a rule description or other context, and the model's choice of whether, when and which actions to take within the Limits. You acknowledge that an agent may not follow an instruction that is not a Limit, and that it may launch advertising you did not want or run or skip a rule incorrectly.

17.3 Allocation of risk. Where an automated feature acts within the Limits you have set, the results are your responsibility, including the matters listed in Section 4. Where it acts outside a Limit you have set, it acts outside what you authorised, and any liability of Birch for the resulting loss is determined under Section 4 and is subject to the limit of liability in that Section. Nothing in this Section makes Birch liable for the consequences of an instruction that was not a Limit.

17.4 What you advertise. You remain responsible for the substance of everything published through the Services, whether published by you or by an automated feature, including the claims made, any discount or promotional terms, the availability of stock, delivery dates, and your ability to honour what the advertising promises. Birch does not review advertising for accuracy, for compliance with law or with any advertising platform's policies, or for your ability to perform.

17.5 Commencement. For an existing account whose Terms are amended to add this Section, this Section applies from the date on which the notice given under Section 13 introducing it takes effect. For an account opened under Terms that already include this Section, it applies when those Terms take effect.

18. If you are a consumer

18.1 Who this Section applies to. This Section applies to you if you are a consumer as described in Section 11.6, under the law applicable to you. Where anything in these Terms conflicts with this Section, this Section prevails for you. Nothing in this Section limits any right you have under the law applicable to you; where that law gives you more than this Section does, that law applies.

18.2 Your local law. The protections given to you by the law of the country in which you are habitually resident, and which cannot be excluded or limited by agreement, apply to you whatever these Terms say and whatever law these Terms choose. Sections 3, 4, 5, 10, 11, 13, 14, 16 and 17 take effect for you only so far as that law allows.

18.3 Changes to these Terms. Section 13 applies to you with the following changes. Birch will change these Terms as they apply to you only where there is a reason to do so, and will state that reason in the notice. A reason may be a change in the law or in how it is applied to the Services, a decision or requirement of a court, a regulator or an advertising platform on which the Services depend, a change in the Services or in how Birch provides them, a change in Birch's costs, or the correction of an error. If you do not accept the change, you may end your subscription before it takes effect at no charge.

18.4 If Birch ends your subscription. Birch will give you reasonable notice before ending your subscription, except where you are in serious breach of these Terms or where Birch is required to act sooner by law or by an advertising platform. If Birch terminates your account without cause before the end of a prepaid period, Birch will refund the pro-rata portion of prepaid fees for the unused period.

18.5 Transfer. Section 14 applies to you only where the transfer does not reduce the rights or the protection you have under these Terms or under the law applicable to you.

18.6 Liability. Nothing in Section 4 or Section 17 excludes or limits Birch's liability to you for death or personal injury caused by Birch's negligence, for fraud or fraudulent misrepresentation, for gross negligence or willful misconduct, or for any other liability that cannot be excluded or limited under the law applicable to you. Where Birch fails to provide the Services with reasonable care and skill, you keep every remedy the law applicable to you gives you, and the exclusions in Section 4 do not take that remedy away.

18.7 Disputes. Section 11.6 sets out how disputes with consumers are dealt with. You may also use any out-of-court complaint or redress procedure available to you under the law applicable to you.

18.8 Consumers in Spain. If you are a consumer resident in Spain, you may end your subscription in the same way in which you entered into it, without any penalty or disproportionate or onerous charge. The procedure is set out in Section 10 and on the Billing page of your account.

Consumers resident in Catalonia may request these Terms in Catalan.