© Birch Team, Inc.
All rights reserved.
All rights reserved.
Effective date: October 15, 2024
This website https://bir.ch/ (the “Website”) is owned and operated by Birch Team, Inc. (hereinafter “Birch”).
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”) and you must unconditionally consent to and accept these terms and conditions (including those regulating the processing of personal data) by ticking the “I agree” box when you sign up to the Services whereby you are entering into a legally binding agreement with Birch.
In these terms and conditions, 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 and conditions.
“Agreement” means these terms and conditions, 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 on Meta or Instagram by the use of 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.
“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 Birch’s advanced management tool, it’s assignees and it’s successors, for Meta and/or Instagram ads, which is used to provide the Services
“Trial Period” means the subscription service that entitles you to test to use Birch as a normal paying user for a total period of 14-days without paying.
“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.
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 Data (defined in Section 8 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.
Birch is a technical application, which provides with advanced management tools for Meta, Instagram, Google Ads, Snapchat Ads, TikTok Ads. Therefore, in order to use Services, you must be a registered Meta, Instagram, Google Ads, Snapchat Ads, and/or TikTok Ads user and have an advertising account with Meta or Instagram.
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/. 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). Under no circumstances are you entitled to a refund or reimbursement of fees paid to Birch.
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.
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. 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 or caused by malfunction in a transfer facility.
YOU USE ALL SERVICES AT YOUR OWN RISK. TO THE GREATESAT EXTENT PERMITTED BY APPLICABLE LAW, Birch DISCLAIMS ANY WARRANTTIES, 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 or Instagram, 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.
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.
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. By transmitting, sending or posting any Ads Content by the use of the Services, you grant Birch the nonexclusive, sub-licensee and perpetual license to use, copy, display, modify, or otherwise dispose of any such Content for any purpose.
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 is entitled, in its sole discretion, to save and freely dispose over any such information (including but not limited to all Ads Content).
Submitting your name and e-mail address as well as any other requested personal data or any other personally identifiable information (collectively, “Personal Data”) is a condition to using the Services. The Personal Data that you provide will allow Birch to inform you of the Services as well as other services and products of interest. Birch, its affiliates and partners, may use your Personal Data for processing, managing and providing you with personalized news, advertisement and other information. You may at all times opt-out from any further advertisement to your e-mail address by sending a notice to Birch at the address as first set out in these terms and conditions.
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. Cookies are never used to store Personal Data. The information collected from you on the Website helps us evaluate what types of information might be of interest to other visitors.
You unconditionally consent to Birch’ collection and processing of your Personal Data as specified in these Terms by ticking the “I agree” box when you sign up.
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 Data.
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.
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.
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.
These terms and conditions 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 simply by submitting a request at support@bir.ch. At the end of each Billing Cycle, your Subscription will automatically renew unless you cancel it or Birch cancels it. You may terminate your Subscription renewal either on the Billing page of your Birch account or by contacting the Birch customer support team at support@bir.ch . Your cancellation will take effect at the end of the current billing cycle.
You acknowledge and agree that you shall fulfill your obligations pursuant to these Terms until termination. The Membership Fee will always be calculated on a full calendar month basis.
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.
Birch is entitled to, in its sole discretion, to terminate your use of Services if you violate any of the terms and conditions set forth in these Terms or any applicable law. Any such termination of your access to the Services may be affected without prior notice, and you acknowledge and agree that Birch may immediately delete any information or files in your account (if any) and revoke any further access to Birch without being liable to you or any third party. Birch may also terminate Services without any reason whatsoever, at any time, by providing you with written notice of termination.
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.
Except as otherwise provided in this Section, all disputes shall be subject to, and the parties irrevocably accept, the exclusive jurisdiction of the courts located in New York, New York.
Either party may, at its sole discretion, seek injunctive relief in any court of competent jurisdiction (including, but not limited, to preliminary injunctive relief).
Except as otherwise provided in this Section, all disputes shall be resolved by final, binding arbitration before 3 arbitrators pursuant to the rules and under the auspices of the International Chamber of Commerce (the “Rules”). In accordance with the Rules, each party shall select 1 arbitrator, and the 2 arbitrators shall select a third one. The arbitrators shall be knowledgeable in the chosen law and online advertising industry. At either party’s request, the arbitrators shall have the authority to determine issues of arbitrability and to award compensatory damages, but they shall not award punitive or exemplary damages. The parties, their representatives, and any other participants shall hold the existence, content, and results of arbitration in confidence. The arbitration proceedings shall be conducted in English language and shall take place in New York, New York, or any other place on which all 3 arbitrators agree unanimously.
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 RERPRESENTATIVE ACTION. Unless both you and Birch agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
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 arbitration panel or court of competent jurisdiction.
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.
Birch reserves the right to change, amend, or modify any of these terms and conditions at any time, at its sole discretion. Users will be notified of any changes via email. All modifications will take effect 30 days after the notice, unless stated otherwise. If you do not agree to any changes, you must terminate your use of the Services as outlined in Section 10. By continuing to use the Website and Services after changes take effect, you agree to the updated terms applicable at that time. Birch recommends reviewing these Terms periodically to stay informed of any updates.
Birch may assign its rights and obligations under these Terms to affiliates and other companies within the same corporate group.
In the event that any provision of these terms and conditions 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 and conditions, while the remainder of this these terms and conditions shall continue in full force and remain in effect.
Birch Team, Inc. (“Birch”) is committed to protecting the privacy of individuals located in the European Economic Area (“EEA”) in accordance with the General Data Protection Regulation (“GDPR”).
16.1. Legal Basis for Processing
We process your personal data based on the following legal bases:
- Consent (e.g., for marketing communications).
- Contractual necessity (e.g., providing our Services).
- Legitimate interests (e.g., improving our platform and ensuring security).
- Compliance with legal obligations.
16.2. Your Rights
If you are in the EEA, you have the right to:
- Access your data.
- Rectify inaccurate information.
- Delete your data under certain circumstances.
- Restrict or object to data processing.
- Data portability (receive your data in a usable format).
- Withdraw consent at any time.
To exercise these rights, please email us at legal@bir.ch.
16.3. Data Retention
We retain your data only as long as necessary to provide our Services or comply with legal obligations, after which it will be securely deleted.
16.4. International Data Transfers
Your data may be transferred outside the EEA. When this occurs, we implement safeguards such as Standard Contractual Clauses to ensure an adequate level of protection.
16.5. Cookies and Tracking
We use cookies and similar technologies to optimize your experience. See our Cookie Policy for more details.
16.6. Contact Information and Complaints
For GDPR inquiries or to exercise your rights, contact us at:
- Email: legal@bir.ch
- Address: 440 N Barranca Ave #3223 Covina, CA, USA, 91723
If you believe your rights have been violated, you may lodge a complaint with your local data protection authority.
The CCPA provides you with rights regarding how your personal information is collected, used, and shared. Birch Team, Inc. (“Birch”) is committed to ensuring your data privacy in compliance with the CCPA.
17.1. Your CCPA Rights If you are a California resident, you have the right to:
17.2. How to Exercise Your Rights To exercise your CCPA rights, you can contact us using the following methods:
Please include “CCPA Request” in your email subject line and provide sufficient information for us to verify your identity. We will respond to verifiable requests within 45 days, as required under the CCPA.
17.3. Categories of Personal Information Collected The categories of personal information we may collect include:
For more details on the specific pieces of data collected and how we use it, please see our Privacy Policy.
17.4. Authorized Agents You may designate an authorized agent to make a CCPA request on your behalf by providing the agent with written permission to act on your behalf, or providing proof that the agent has power of attorney. We may require verification of your identity and confirmation of the agent's authority to make the request.
