Birch

Terms of service

These Terms govern access to Birch operated by Birch AI ("Birch", "we", "us"). By creating an account or using the service, you agree to them.

Effective date: September 14, 2026

1. The service

Birch is a hosted AI marketing product. You connect a website, receive Foundation strategy materials, and receive scheduled agent proposals in an approval feed (SEO fix-prompts, drafts, optional draft GitHub pull requests, and related tasks). Features may change as we improve the product.

2. Accounts

  • You must provide accurate account information and keep it current.
  • You are responsible for activity under your account and for safeguarding credentials.
  • You must be old enough to form a binding contract in your jurisdiction and able to use the service for business purposes.
  • Organization admins are responsible for invites and member access.

3. Subscription, credits, and billing

The hosted plan is $99 per month unless we state otherwise at checkout. Billing is handled by Polar as merchant of record. The plan includes approximately 10,000 monthly credits that meter DataForSEO and expensive model usage. Hard caps apply. When credits are empty, credit-using agents pause. Credits are not cash and generally do not roll over unless we say so in writing.

Cancel anytime via the billing portal. See the Refund policy for refund details.

4. Your content and AI outputs

You retain rights to content you submit (site URLs, strategy edits, connected data you control). You grant Birch a license to host, process, and display that content as needed to operate the service.

Birch generates drafts, prompts, and suggestions using third-party models. Outputs can be wrong, incomplete, or off-brand. You are solely responsible for reviewing, editing, approving, copying, posting, merging, or otherwise publishing any output. Do not rely on Birch as legal, compliance, or professional advice.

5. Acceptable use

You agree not to:

  • Break the law or third-party terms (including Reddit, X, LinkedIn, Google, GitHub, or directory sites)
  • Spam, scrape abusively, or attempt unauthorized access to systems
  • Upload malware or attempt to disrupt the service
  • Misrepresent AI-generated content as human-written where disclosure is required
  • Use Birch to harass, defraud, or infringe others' rights
  • Resell the service or build a competing product by systematically extracting outputs, except as allowed by law

6. Integrations

Optional connections (Google Search Console, Google Analytics, GitHub) are subject to those providers' terms. You authorize Birch to act within the scopes you grant (for example, read-only GSC/GA4; draft pull requests via the GitHub App). Birch does not merge pull requests or auto-post to social networks in the current product.

7. Intellectual property

Birch, including software, branding, and documentation we provide, remains owned by Birch AI and its licensors. These Terms do not transfer ownership of our IP to you.

8. Privacy

Personal data is handled as described in the Privacy policy and, where applicable, the DPA.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant uninterrupted service, specific ranking or traffic results, or error-free AI outputs.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Birch AI AND ITS AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL. OUR TOTAL LIABILITY FOR CLAIMS ARISING OUT OF THE SERVICE IN ANY TWELVE-MONTH PERIOD WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THAT PERIOD.

11. Indemnity

You will defend and indemnify Birch AI against claims arising from your content, your use of outputs, your breach of these Terms, or your violation of law or third-party rights.

12. Suspension and termination

We may suspend or terminate access for breach, abuse, non-payment, or risk to the service or others. You may stop using the service and cancel your subscription at any time.

13. Governing law

These Terms are governed by the laws applicable where Birch AI maintains its principal place of business, without regard to conflict of law rules. Courts in that jurisdiction will have exclusive venue, except where prohibited.

14. Changes

We may update these Terms. Continued use after the effective date means you accept the updated Terms, unless applicable law requires otherwise.

15. Contact

Birch AI
Available on request via support@birch.so
support@birch.so