Welcome to Birch! These Terms and Conditions govern your use of the Birch website, web application, and AI-powered communication services (the "Service") provided by 28labs Inc. ("Company", "we", "our", "us"). Please read them carefully before using the Service.

Using the Service indicates that you accept these Terms. If you do not accept these Terms, do not use the Service.

1. About Birch

Birch is an AI-powered patient communication platform for healthcare practices. The Service handles inbound and outbound patient communication across voice calls, text messages (SMS), web chat, and email, with features including automated call answering, appointment scheduling and reminders, patient intake, insurance and benefits information, billing support and secure payment links, prescription refill routing, EHR and practice management integrations, escalation to human staff, and secure data storage. The Service is administrative and communicative in nature: it does not provide medical advice, diagnosis, or treatment, and clinical matters are escalated to the healthcare practice. The Service is intended for use by healthcare organizations, their staff, and their patients.

2. Using Birch

2.1 You must be at least 18 years old to use Birch. By using the Service, you represent and warrant that you are at least 18 years old.

2.2 The Service is designed as an administrative and communication tool for healthcare practices. Conversations, messages, summaries, and other outputs generated by the Service's AI are provided as-is and require professional review before being relied upon for any clinical purpose. The Service does not provide medical advice, diagnosis, or treatment recommendations to patients; when a conversation raises a clinical question or an urgent concern, the Service is designed to escalate it to the healthcare practice. Healthcare professionals remain solely responsible for all medical decisions, diagnoses, and treatments. Interactions handled by AI are identified as such, and the accuracy of AI-generated content depends on various factors including audio quality, speaking clarity, background noise, the completeness of information provided, and technical limitations of AI technology.

2.3 You agree to provide true, accurate, current and complete information about yourself as prompted by the Service. You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.

2.4 You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your mobile device and computer. You agree to accept responsibility for all activities that occur under your account.

2.5 You agree not to upload, post, email, transmit or otherwise make available any content that: is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or racially, ethnically or otherwise objectionable.

2.6 We reserve the right to remove any content from Birch at our sole discretion.

Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use and disclose your personal information.

Intellectual Property Rights

The Service and all content and materials contained therein are the property of 28labs Inc. or its licensors. You agree not to copy, modify, distribute, sell, or lease any part of the Service or included content. Your use of the Service does not grant you any rights to the Service content and materials.

Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT FOR THE SERVICE. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. THE COMPANY DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY AI-GENERATED CONVERSATIONS, MESSAGES, SUMMARIES, OR OTHER CONTENT GENERATED BY THE SERVICE. USERS MUST INDEPENDENTLY VERIFY ALL INFORMATION BEFORE CLINICAL USE. THE COMPANY IS NOT RESPONSIBLE FOR ANY MEDICAL DECISIONS MADE BASED ON INFORMATION GENERATED BY THE SERVICE. THE ACCURACY OF AI-GENERATED CONTENT MAY VARY BASED ON AUDIO QUALITY, ACCENTS, BACKGROUND NOISE, THE COMPLETENESS OF INFORMATION PROVIDED, TECHNICAL LIMITATIONS, AND OTHER FACTORS BEYOND OUR CONTROL.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OR LIABILITY ARISING FROM: (1) YOUR USE OF OR RELIANCE ON THE SERVICE OR ITS GENERATED CONTENT, INCLUDING ANY MEDICAL DECISIONS, DIAGNOSES, OR TREATMENTS BASED ON SUCH CONTENT; (2) ANY ERRORS, OMISSIONS, OR INACCURACIES IN AI-GENERATED COMMUNICATIONS OR OTHER GENERATED CONTENT; (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SYSTEMS; OR (4) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID US IN THE LAST THREE (3) MONTHS, OR $50, WHICHEVER IS GREATER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Modifications to the Service

We reserve the right to modify, update, or discontinue the Service or any of its features at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, with or without notice. This includes changes to AI models, conversation workflows, communication channels, EHR and practice management integration capabilities, or any other aspect of the Service. We will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service. You acknowledge that service interruptions may occur, and we are not responsible for any loss of data or functionality that may result from such interruptions.

Termination

We may terminate your use of and access to the Service at any time without notice. You may terminate your account by contacting us at support@getbirch.com.

Arbitration and Dispute Resolution

YOU AND THE COMPANY AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, OR TO THE USE OF THE SERVICES OR USE OF THE SERVICE ("DISPUTES") WILL BE SETTLED BY BINDING ARBITRATION, EXCEPT THAT EACH PARTY RETAINS THE RIGHT: (1) TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT AND (2) TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN A COURT OF COMPETENT JURISDICTION TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF A PARTY'S COPYRIGHTS, TRADEMARKS, TRADE SECRETS, PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS (THE "EXCLUDED DISPUTES"). THE EXCLUSIVE JURISDICTION AND VENUE OF ANY ACTION WITH RESPECT TO EXCLUDED DISPUTES WILL BE THE STATE AND FEDERAL COURTS LOCATED IN SAN FRANCISCO COUNTY, CALIFORNIA, AND EACH OF THE PARTIES HERETO WAIVES ANY OBJECTION TO JURISDICTION AND VENUE IN SUCH COURTS.

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA's Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator will be bound by these Terms. The arbitration will be held in the United States county where you live or work, San Francisco, California, or any other location we agree to.

Class Action Waiver

YOU AND THE COMPANY 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 PROCEEDING. Further, if the parties' Dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.

DMCA/Copyright Policy

We respect the intellectual property rights of others. If you believe that any content available on or through the Service infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below. Your notice ("DMCA Notice") must include: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing including information sufficient to locate the material; (iv) your contact information, including address, telephone number, and email; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner.

Designated Copyright Agent: 28labs Inc., Attn: Legal Department, Email: support@getbirch.com

Counter-Notice: If you believe that your content was wrongfully removed, you may send a counter notification containing: (i) your physical or electronic signature; (ii) identification of the content removed and its location before removal; (iii) a statement under penalty of perjury that you have a good faith belief that the content was removed by mistake or misidentification; (iv) your name, address, telephone number, and email address; and (v) a statement that you consent to jurisdiction of the federal court in San Francisco County, California.

Export Controls and Sanctions

You acknowledge that the Service is subject to the U.S. Export Administration Regulations (the "EAR") and that you will comply with the EAR. You will not export or re-export the Service, directly or indirectly, to: (1) any countries that are subject to U.S. export restrictions; (2) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons, or rocket systems, space launch vehicles, and sounding rockets, or unmanned air vehicle systems; or (3) any end user who has been prohibited from participating in the U.S. export transactions by any federal agency of the U.S. government. You shall maintain records of compliance and provide them to us upon request.

User Generated Content

The Service may allow you to create, upload, or share content including but not limited to messages, conversation configurations, knowledge-base materials, and other materials ("User Content"). You retain all rights in, and are solely responsible for, the User Content you create or share. By making any User Content available through the Service, you grant to us a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and otherwise exploit your User Content solely for the purpose of operating and providing the Service. This license continues even if you stop using the Service. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights necessary to grant us the license set forth above; and (ii) your User Content does not violate any third-party rights or any applicable laws.

API Terms

If we provide you with access to our application programming interfaces ("APIs"), you agree to: (i) comply with all applicable API documentation and specifications; (ii) not exceed any rate limits or attempt to circumvent any security measures; (iii) not use the APIs in any manner that could damage, disable, overburden, or impair our servers or networks; (iv) not use the APIs to create a service that competes with the Service; (v) comply with all applicable laws and regulations; and (vi) maintain the security of any authentication credentials. We reserve the right to modify, suspend, or discontinue the APIs at any time without notice. Your use of the APIs is at your sole risk, and we will not be liable for any modifications, suspension, or discontinuation of access.

Beta Features

We may offer access to features, products, or services that are in beta, preview, early access, or similar stages ("Beta Features"). Beta Features are provided "AS IS" and "AS AVAILABLE" without any warranties whatsoever. Beta Features may contain bugs, errors, and other issues, and we make no guarantees about their availability, functionality, or compatibility with other features. We may modify or discontinue Beta Features at any time without notice. Your use of Beta Features is entirely at your own risk, and any feedback you provide may be used by us without any obligation to you. By using Beta Features, you acknowledge that they are not considered part of the generally available Service and are not subject to the same service level agreements or support obligations.

Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The failure of the Company to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the Company. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Force Majeure

Neither party shall be liable for any failure or delay in performing their obligations under these Terms if such failure or delay results from any cause beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor or materials ("Force Majeure Event"). The affected party shall notify the other party in writing of any Force Majeure Event as soon as reasonably practicable, and shall use commercially reasonable efforts to minimize the impact of such event. If a Force Majeure Event continues for more than ninety (90) days, either party may terminate these Terms upon written notice to the other party.

Governing Law

These Terms shall be governed by the laws of the State of California without giving effect to any conflict of laws principles.

Contact Us

If you have any questions about these Terms, please contact us at: