Terms of Service

These terms are a contract between the organization that signs up for Birch ("Customer", "you") and H3 Capital ("Birch", "we"), for customers in India, the US and everywhere else.

The person who accepts these terms confirms they have authority to bind the organization.

Birch is HR software for managing employees, leave, time, rosters, documents, policies and, for Indian organizations, payroll. We may change features over time and will tell you in advance about changes that materially reduce what your plan includes.

Birch is not legal, tax or payroll advice. Statutory calculations (for example PF, ESIC, PT, TDS, gratuity and leave rules) are provided to help you, and you remain responsible for checking them and for your own compliance as an employer.

You decide who in your organization gets access and which role they have. You are responsible for what your users do in Birch, for keeping their email accounts secure (sign-in uses one-time codes sent by email), and for removing access when someone leaves.

You own the data you and your users put into Birch ("Customer Data"). You give us permission to host, process and display it only to provide and support the service. Our Data Processing Agreement forms part of these terms and governs how we process personal data in Customer Data.

You are responsible for having the right to give us that data, including telling your employees and, where needed, getting their consent.

• Do not use Birch to break the law or to store data you have no right to hold.
• Do not try to access another organization's data or bypass access controls.
• Do not overload, probe or reverse engineer the service, except to report a vulnerability as described on our security page.
• Do not resell Birch without our written agreement.

Prices are on our pricing page. New organizations get a free trial of the length shown there, without a card. Paid plans are billed in advance, monthly or annually, by card through Stripe. Indian customers are billed in INR and others in USD.

Prices exclude taxes. Any applicable tax is shown at checkout and on your invoice. We may change prices with at least 30 days' notice; a change applies from your next billing period.

Cancellation and refunds are covered by our Refunds and Cancellation policy.

These terms last while you have an account. You can cancel at any time; access continues to the end of the period you have paid for.

We may suspend access if payment is overdue after we have reminded you, or straight away if your use puts the service or other customers at risk. We may end these terms if you materially breach them and do not fix the breach within 30 days of our notice.

After your account ends, you can ask us for an export of your Customer Data within 30 days. After that we delete it, except where the law requires us to keep it.

We will provide the service with reasonable skill and care. Apart from that, and to the extent the law allows, the service is provided "as is", without other warranties, including fitness for a particular purpose or uninterrupted availability.

Neither party is liable for indirect or consequential losses, or for lost profits, revenue or goodwill. Each party's total liability under these terms is limited to the fees you paid Birch in the 12 months before the claim.

These limits do not apply to a party's fraud, or to liability that cannot be limited by law.

These terms are governed by the laws of the State of Wyoming, United States, and the courts located in Wyoming, wherever the customer is based.

We will give you at least 30 days' notice by email of material changes. If you do not agree, you can cancel before they take effect.

Questions and legal notices to Birch go by email to team@birchspace.co. We send notices to you at the email address of your organization's Owner.