Last updated: April 8, 2026
These Terms of Service (“Terms”) govern your access to and use of the Birch platform operated by DocMap Inc. (d/b/a “Birch”) (“Birch,” “we,” “us,” “our”).
By creating an account (whether through the web interface, by emailing hi@birch.to, or by any other method), connecting a Stripe account (if applicable), connecting an email provider (such as Gmail or Outlook), building or running any agents, publishing or purchasing any Products, uploading any content, or otherwise using the Platform, you agree to be bound by these Terms and all policies referenced herein (collectively, the “Agreement”).
If you are entering into this Agreement on behalf of an entity, you represent you have authority to bind that entity, and “you” refers to that entity. If you do not agree, do not use the Platform.
If you interact with the Platform via email (for example, by emailing hi@birch.to), you will be asked to accept these Terms by replying to a confirmation message. Your affirmative reply constitutes acceptance of this Agreement.
“Platform” means the software, APIs, dashboards, websites, Builder Email Agent, Discover Service, agent studio (builder UI), runtime/orchestration infrastructure, email interfaces, and related services branded as “Birch.”
“User” means any person or entity using the Platform, including Creators and Buyers.
“Creator” means a User who builds, configures, publishes, or sells an Agent or Product on the Platform, whether through the web interface or through the Builder Email Agent.
“Buyer” (or “End User”) means a User who purchases, subscribes to, or uses a Product published by a Creator.
“Agent” (or “Workflow”) means an agentic automation or agent configuration that chains steps (including model calls, scraping/crawling, API calls, code blocks, email actions, and other tool actions).
“Product” means an Agent packaged for use by Buyers, including through an app page, an API endpoint, and/or an email-based interface.
“Builder Email Agent” means the AI-powered email interface at hi@birch.to (or any successor address) through which Users can create, edit, deploy, schedule, and manage Agents by exchanging email messages.
“Discover Service” (or “Discovery”) means the feature that, with your authorization, scans your connected email account (Gmail, Outlook, or other supported providers) to build a Persona and suggest high-value Agents tailored to your workflows and activities.
“Persona” means the LLM-generated profile of your role, industry, activities, frequent contacts, tools, communication patterns, and pain points created by the Discover Service from your email content.
“Schedule” (or “Scheduled Automation”) means a recurring or timed execution of a deployed Agent, managed via AWS EventBridge and the Platform’s scheduling infrastructure, with results optionally delivered to you via email.
“Tool” means any integrated capability an Agent can call, including third-party services (e.g., LLM providers, scraping/crawling providers, cloud providers), Composio-managed integrations, custom API tools, and third-party marketplace tools.
“Tool Provider” means the third party that provides a Tool (for example, Anthropic, Apify, Firecrawl, AWS, Composio, or a third-party publisher of a tool offered through a marketplace).
“Target Site” means any website, service, API, application, or platform that an Agent interacts with, accesses, or extracts data from (including via scraping/crawling, via authenticated access, or via email).
“Content” means code, agent definitions/configurations, prompts, inputs, outputs, data files, text, images, email messages, attachments, and other material you upload, submit, transmit, store, or generate through the Platform (including Buyer inputs and Agent outputs).
“Revenue Share” means the portion of Gross Receipts retained by Birch, equal to three percent (3%) of Gross Receipts unless otherwise agreed in writing.
“Gross Receipts” means all amounts successfully processed through the Platform for a Product, including recurring subscription charges, usage-based fees, and one-time payments, before refunds, chargebacks, taxes, fines, and processing/network fees (unless your dashboard states otherwise).
“Usage Fees” means metered fees charged for Platform resource consumption and/or Tool consumption as recorded by the Platform.
“Credits” means internal, Platform-denominated units used to measure or bill for certain Platform features and usage.
We may update these Terms at any time.
Editorial/Non-Material Updates take effect upon posting.
Material Changes (including changes to pricing, dispute resolution, indemnity obligations, or provisions that materially shift money/risk) take effect 30 days after notice.
We may notify you via email (including to the address from which you interact with the Builder Email Agent), in-app notice, dashboard banner, or a prominent website notice. If you do not agree, you may terminate your account before the effective date. Continued use after the effective date constitutes acceptance.
You must be at least 18 years old (or age of majority) and not barred from receiving services under applicable law.
You agree to:
You may register for the Platform by emailing hi@birch.to. When you do so, an account is created using the email address from which you send your message. You will be asked to provide your name and accept these Terms by replying to a confirmation email. Your affirmative reply constitutes agreement to these Terms. You are responsible for all activity conducted through your email address on the Platform.
We use one-time passcode (OTP) verification via SMS, powered by Twilio, as a method to register and authenticate accounts. By signing up or signing in via OTP, you:
You may not use a phone number that you do not own or have authorization to use. We reserve the right to disable OTP access or require alternative verification if we suspect misuse.
Payments for Products and Platform fees are processed through Stripe. If you are a Creator, you may be required to onboard to a Stripe Connect account. By onboarding, you agree to applicable Stripe terms (including the Stripe Connected Account Agreement, as amended by Stripe).
Stripe may require identity and business verification (KYC/AML). You agree to provide accurate and complete information and keep it current. Failure may result in payout delays, refunds/reversals, suspension, or termination.
Birch provides:
We may beta test, modify, or discontinue features at any time. Except as expressly stated, we do not guarantee uninterrupted or error-free operation, specific feature sets, SLAs, or profitability.
The Platform depends on or integrates Tools provided by Tool Providers (including Anthropic, Apify, Firecrawl, and AWS). Each Tool is governed solely by the Tool Provider’s terms, policies, and pricing (“Tool Provider Terms”), which are incorporated by reference into these Terms.
By using any Tool-enabled feature, you agree to comply with the applicable Tool Provider Terms.
The Platform uses Twilio to deliver SMS one-time passcodes (OTPs) for account registration and authentication. Your use of OTP-based sign-in/sign-up is subject to Twilio’s Terms of Service and Privacy Policy.
The Platform uses Composio for secure storage and management of API credentials, secrets, and authentication tokens required to access third-party tools and services, including OAuth connections to your email provider (Gmail, Outlook, or other supported services) for the Discover Service. Your use of credential storage and email connection features is subject to Composio’s terms and policies.
The Platform uses AgentMail for email delivery, inbox management, and email-based Agent interfaces. Email messages sent to and from the Platform (including to and from hi@birch.to and deployed Agent email addresses) are processed through AgentMail.
The Platform uses AWS Bedrock to access large language model (LLM) services (including Anthropic Claude) for AI-powered workflow generation, editing, discovery, and the Builder Email Agent. Content you provide (including email messages, workflow configurations, and Agent inputs/outputs) may be transmitted to AWS Bedrock for LLM processing.
You acknowledge and agree:
Tool Providers (and third-party tool publishers) control their Tools. Birch does not guarantee Tool availability, performance, accuracy, legality, security, or suitability. Tools may be changed, rate-limited, suspended, or removed at any time, and your Agents/Products may fail or behave differently as a result.
You are solely responsible for ensuring that your use of Tools (and your Buyers’ use of Products) complies with:
Certain features (including the Discover Service) require you to connect your email account (Gmail, Outlook, or another supported provider) via OAuth through Composio. By connecting your email account, you:
You may disconnect your email account at any time through your Composio connection settings.
The Discover Service uses AI to analyze your email content and build a Persona — a structured summary of your role, industry, key activities, frequent contacts (names and roles, not raw email addresses in the stored Persona), tools and services you use, communication patterns, and pain points. Based on your Persona, the service suggests Agents that could automate or augment your existing workflows.
You understand and agree that:
The Discover Service may optionally suggest automations relevant to your frequent contacts (“Colleague Recommendations”). If you choose to act on a Colleague Recommendation, the Platform may send a note to the identified contact on your behalf at your direction. You represent that:
You may build multiple Agents at once from Discovery suggestions (“Batch Creation”). Batch Creation consumes Credits for each Agent built. Standard terms for Agent creation, deployment, and Tool usage apply to each Agent in a batch.
Many Tools and Agents enable web scraping, crawling, data extraction, or automated interaction with Target Sites. You agree:
Authorization & Terms Compliance. You will only configure or run Agents against Target Sites where you (and your Buyers, as applicable) are authorized to access and use the data and where your automation complies with the Target Site’s terms, robots policies, and access controls.
No Circumvention. You will not bypass paywalls, CAPTCHAs, authentication barriers, rate limits, or other technical measures except where you have explicit authorization from the Target Site owner and such conduct is lawful.
Authenticated Access. If an Agent uses credentials, session cookies, tokens, or other authenticated access to a Target Site (including email provider APIs), you represent that:
Responsible Automation. You will not use the Platform for abusive automation (including spam, denial-of-service, deceptive behavior, or actions that impair Target Sites or networks).
Enforcement and Takedowns. If we receive a complaint or notice (from a Target Site, Tool Provider, rights holder, or authority) alleging your Agent/Product violates terms or law, we may immediately suspend or disable the relevant Agent/Product and/or your account.
Creators are solely responsible for:
Buyers must use Products only as permitted by:
Birch provides the Platform and may facilitate billing and delivery. Unless we explicitly state otherwise, Birch is not the seller of the Creator’s Product logic/content and does not control the Creator’s business.
You retain all rights in your Content. You grant Birch a worldwide, non-exclusive, royalty-free license to host, store, copy, execute, display, transmit, and otherwise process your Content solely to:
Deletion & expiration. This license terminates 30 days after you delete the Content from the Platform, except backups and logs may persist up to 90 days or longer if required by law or for security/fraud investigations.
You represent and warrant that:
You (and users of your Products) may not use the Platform for:
We may suspend or terminate accounts or disable Agents/Products that violate this Section. We enforce a rate limit on Builder Email Agent interactions (currently 10 emails per hour per sender) and may adjust this limit at any time.
Fees may include:
If the Platform uses Credits:
Usage Fees and Credit consumption are determined by Platform instrumentation and logs, which may differ from upstream vendor metrics. Birch’s measurements control for billing between you and Birch unless required otherwise by law.
We may suspend Platform features, withhold payouts, or offset unpaid amounts against payouts.
Under Stripe Connect, Stripe may debit the Platform first for refunds, chargebacks, dispute fees, ACH returns, penalties, or fines related to your Products (“Losses”).
Creators are responsible for Losses attributable to their Products and must reimburse Birch on demand. We may offset Losses against payouts, reverse transfers, debit your payment method, or invoice you (payment due within 5 business days).
Creators are primarily responsible for responding to disputes and providing evidence. We may assist but have no obligation to contest disputes.
If we recover a Loss from you and later receive reimbursement from Stripe or a network, we will credit you the lesser of the recovered amount and reimbursement received, net of fees.
Except where the Platform is required or elects to collect and remit indirect taxes, you are responsible for taxes arising from your Products and earnings. We may withhold taxes or report transaction data as required.
We implement reasonable technical and organizational safeguards, but no system is perfectly secure.
Important Notice Regarding File Uploads
Files uploaded to an Agent (including as part of Agent inputs, configurations, or email attachments) may be publicly accessible via their URL. You acknowledge and agree that any files you upload to an Agent should be treated as publicly available. Do not upload sensitive, confidential, or private information through file uploads to Agents. Birch is not responsible for any unauthorized access to or use of files uploaded to Agents.
Creator-controlled data. For Content and personal data processed as part of a Creator’s Product (including Buyer inputs and Agent outputs), the Creator is generally the “controller” and Birch acts as a “processor” when processing on the Creator’s instructions.
Platform operations. For data processed for billing, analytics, fraud prevention, compliance, Discovery/Persona generation, conversation memory, and platform security, Birch acts as an independent “controller.”
You authorize Birch to transmit Content and data to Tool Providers (including LLM providers via AWS Bedrock) as needed to execute Workflows, operate the Builder Email Agent, run the Discover Service, and comply with law. Content sent to LLM providers for processing may include email messages, workflow configurations, conversation history, and Agent inputs/outputs.
When you connect your email account for Discovery or use the Builder Email Agent:
We retain data as described in our Privacy Policy, including retention of logs, conversation memory, Personas, and backups for security and compliance.
We may suspend or terminate immediately if:
Upon termination:
THE PLATFORM AND ALL TOOLS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ERROR-FREE OPERATION.
WORKFLOWS MAY PRODUCE INACCURATE, INCOMPLETE, OR MISLEADING OUTPUTS. YOU ARE RESPONSIBLE FOR REVIEWING OUTPUTS BEFORE RELYING ON THEM.
THE DISCOVER SERVICE AND PERSONA ARE GENERATED BY AI AND MAY CONTAIN ERRORS, OMISSIONS, OR INACCURACIES. SUGGESTED AGENTS MAY NOT WORK AS EXPECTED AND SHOULD BE REVIEWED AND TESTED BEFORE DEPLOYMENT.
EMAILS SENT BY SCHEDULED AUTOMATIONS AND DEPLOYED AGENTS ACT ON YOUR BEHALF. YOU ARE RESPONSIBLE FOR REVIEWING AND APPROVING THE BEHAVIOR OF YOUR AGENTS BEFORE DEPLOYING THEM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
These limits do not apply to: (i) your payment obligations; (ii) your indemnification obligations; (iii) your willful misconduct or fraud.
You will defend, indemnify, and hold harmless DocMap Inc. and its affiliates from any third-party claim, demand, loss, damage, or expense (including reasonable attorneys’ fees) arising out of or relating to:
This Agreement is governed by Delaware law. Any dispute not subject to arbitration will be litigated exclusively in state or federal courts in Wilmington, Delaware.
Any dispute arising out of or relating to this Agreement will be resolved by binding arbitration administered by the AAA under its Commercial Arbitration Rules. Arbitration will occur in Wilmington, Delaware, or remotely at your option. Class/representative actions are not permitted. Either party may seek injunctive relief for IP or confidentiality violations.
Legal notices: hi@birch.to
General support: hi@birch.to
Assignment: you may not assign without our consent; we may assign freely.
Severability: invalid provisions won’t affect the rest.
Force Majeure: no liability for events beyond reasonable control.
Entire Agreement: Terms + referenced policies constitute the entire agreement.
Headings: convenience only.