Terms Of Use

PLEASE READ THE FOLLOWING TERMS OF USE AND PRIVACY POLICY CAREFULLY BEFORE ACCESSING OR USING www.birch.co.il (the "BIRCHTECH WEBSITE") AND ITS CONTENT MADE AVAILABLE BY BIRCHTECH (AS OUTLINED BELOW). BY ACCESSING OR USING THE BIRCHTECH WEBSITE, YOU AGREE TO THESE TERMS OF USE, INCLUDING THE PRIVACY POLICY AVAILABLE AT https://birch.co.il/privacy-policy ("PRIVACY POLICY"). IF YOU DISAGREE WITH THESE TERMS OF USE, PLEASE REFRAIN FROM USING THE BIRCHTECH WEBSITE.

1. AGREEMENT TO TERMS

BirchTech Software Ltd. and its associated entities (jointly referred to as the "Company" or "BirchTech") are the proprietors and administrators of the BirchTech Website. Any individual utilizing the BirchTech Website will be termed as a "User" or "you". By accessing the BirchTech Website, Users consent to the stipulations of these Terms of Use, which encompasses the Privacy Policy (jointly known as the "Agreement"). This Agreement establishes a binding contract between any User and the Company.

2. USAGE GUIDELINES

The subsequent guidelines are applicable to all Users:

  • 2.1. The BirchTech Website should be accessed for legitimate reasons and in a lawful manner. Users commit to adhering to all relevant laws and regulations and will not infringe any legal provisions, third-party rights, or this Agreement.
  • 2.2. Users must be individuals aged eighteen (18) or above, capable of understanding and entering into legally binding agreements. The BirchTech Website prohibits the use of internet bots, crawlers, or any automated tools designed for data extraction.
  • 2.3. Users are obligated to promptly notify the Company at [email protected] regarding any security vulnerabilities or unauthorized usage of the BirchTech Website that they become aware of.
  • 2.4. The Company retains the right to oversee User interactions and may disclose User-related content as detailed in the Privacy Policy.
  • 2.5. Users' access to the BirchTech Website is contingent upon adherence to this Agreement and relevant laws. Any breach of this Agreement will result in immediate termination of the User's access rights. The Company, at its discretion, may restrict or deny any User's access to the BirchTech Website. The Company also reserves the right to modify or cease the BirchTech Website or its features without prior notice. Users acknowledge that the Company is not liable for any damages arising from such actions.

3. DATA PROTECTION

The Company employs industry-standard security measures to safeguard the BirchTech Website, its databases, and servers from misuse, unauthorized access, and data breaches. However, the Company does not guarantee immunity from security breaches and assumes no responsibility for any such incidents.

4. INTELLECTUAL PROPERTY

All components of the BirchTech Website, including its design, graphics, code, and content, are either owned by or licensed to BirchTech. The Company also holds the intellectual property rights associated with the website content, including copyrights, trademarks, and other proprietary rights. Users are prohibited from modifying, reproducing, or exploiting any content without the Company's written consent. Any materials provided by Users to the Company via the BirchTech Website must comply with legal standards and not infringe on third-party rights.

5. LIABILITY LIMITATIONS

The BirchTech Website is provided "as-is" for informational purposes. The Company does not guarantee the accuracy, completeness, or timeliness of the website content. BirchTech disclaims all implied warranties and will not be liable for any damages arising from the use of the BirchTech Website.

6. INDEMNITY

Users agree to indemnify and protect BirchTech and its affiliates from any claims, damages, or losses resulting from the unlawful or unauthorized use of the BirchTech Website, violation of these Terms of Use, or any other negligent actions by the User.

7. AMENDMENTS TO THE AGREEMENT

The Company may modify these Terms of Use, including the Privacy Policy, at its discretion. Any changes will be notified on the BirchTech Website, and continued use of the website implies User acceptance of the revised terms.

8. ADDITIONAL TERMS

  • 8.1 Notices: Users consent to receive electronic communications from BirchTech. Any notices will be sent to the email address provided by the User or via the BirchTech Website.
  • 8.2 Invalid Provisions: If any part of this Agreement is deemed invalid, it will be replaced by a valid provision that closely aligns with the original intent.
  • 8.3 No Waiver: Failure to enforce any provision of this Agreement does not constitute a waiver.
  • 8.4 Assignment: Users cannot transfer their rights or obligations under this Agreement. BirchTech may assign its rights to any affiliate or successor.
  • 8.5 Governing Laws: This Agreement is governed by the laws of Israel, and any disputes will be resolved in the competent courts of Tel Aviv, Israel.
  • 8.6 Entire Agreement: This Agreement, including the Privacy Policy, represents the complete agreement between BirchTech and the User.
  • 8.7 Relationship: This Agreement does not establish any partnership, employment, or agency relationship between the User and BirchTech.