These Terms of Use (“Terms”) govern your use of Perch, the marketing reporting website and app operated by Thriving Colibri Ltd (“we”, “us”, “our”). By creating an account or using Perch, you agree to these Terms. If you don’t agree, please don’t use Perch.
1. Who we are
Thriving Colibri Ltd
68 Filton Road, Bristol, BS7 0PB, United Kingdom
Company registration number: 16548767
Email: hello@thrivingcolibri.ai
2. About these Terms
These Terms cover your use of the Perch website (perch.marketing) and the Perch app (perch.thrivingcolibri.ai). We may update them from time to time. The version on this page is the current one, and the “Last updated” date shows when it last changed. By continuing to use Perch after a change, you accept the updated Terms.
3. Your account
To use Perch you need an account. You agree that:
- you are at least 16 and using Perch for business purposes;
- the details you give us are accurate and kept up to date;
- you keep your sign-in details secure and don’t share them;
- you are responsible for activity that happens under your account and within your workspace.
Tell us promptly at hello@thrivingcolibri.ai if you think your account has been used without your permission.
4. What Perch does
Perch connects your marketing platforms, brings the data into one report, and lets you edit, annotate, and share it. Perch accesses your connected accounts on a read-only basis for reporting; it does not create, edit, pause, or delete anything in those accounts.
Perch is in beta. It is provided on an “as is” and “as available” basis, and features may change, be added, or be removed as we develop the product.
5. Plans, trials, and billing
Perch offers a free plan and paid plans. Current plans, prices, and limits (such as how many clients each plan includes) are shown on our pricing page. Paid plans may include a free trial; details are shown when you subscribe.
- Payment: we bill paid plans monthly or yearly through Stripe, in advance, in the currency shown at checkout. A paid plan renews automatically each billing period until you cancel.
- Free trial: each account can have one free trial. An account that has had a trial or a paid plan before pays from the first day when it subscribes again.
- Cancelling: you can cancel at any time from the billing area in the app. Your plan stays active until the end of the period you have paid for, after which it doesn’t renew.
- Client limits: if a plan ends or gets smaller and your account has more clients than the plan includes, the clients above the limit pause 7 days later. Perch keeps everything you set up for a paused client. While a client is paused, Perch shows no live data for that client and its share links show a paused page. AI apps connected to Perch can’t read a paused client’s data either. You choose which clients stay live in the billing area, and paused clients come back as soon as your plan covers them.
- Refunds: except where the law gives you a right to a refund, payments already made are non-refundable, including for partial periods.
- Price changes: we may change plans and prices. We will give you reasonable notice of a change before it affects a renewal.
- Taxes: prices may be exclusive of applicable taxes, which will be added where required.
6. Connecting third-party platforms
Perch works by connecting to third-party platforms such as Google Ads, Google Analytics, Meta Ads, Google Search Console, and Google Business Profile. By connecting an account you confirm that:
- you have the right and any necessary permission to connect it and bring its data into Perch;
- you will comply with that platform’s own terms;
- you authorise Perch to access that account’s reporting data, on a read-only basis, to provide the service.
We don’t control these third-party platforms and aren’t responsible for their availability, their terms, or the accuracy of the data they return. How we handle the data you bring in is set out in our Privacy Policy.
7. Your data and content
You keep ownership of the data and content you bring into or create in Perch. You grant us the permission we need to host and process it so we can provide the service to you and your team. You are responsible for the data you bring in, including any personal data belonging to your own clients (see section 8 of the Privacy Policy).
8. Acceptable use
You agree to use Perch lawfully, and not to:
- break any applicable law or regulation, or infringe anyone’s rights;
- connect accounts or upload data you don’t have the right to use;
- attempt to gain unauthorised access to Perch, its infrastructure, other users’ workspaces, or any connected system;
- introduce viruses, malware, or other harmful code;
- copy, scrape, reverse engineer, or attempt to extract the source code of the service;
- resell or make the service available to third parties except as your plan allows;
- use Perch in any way that damages, disables, or impairs it, or interferes with anyone else’s use.
9. AI features
Perch can generate written summaries of your reports using AI. These summaries are produced automatically, may be incomplete or wrong, and are provided for general information only. They are not professional, financial, or legal advice. Always check the underlying figures and use your own judgement before making decisions. How AI summaries are processed is explained in our Privacy Policy.
10. Intellectual property
Perch, the Perch and Colibri marks, the app, and its content (other than your own data) are owned by or licensed to Thriving Colibri Ltd and are protected by intellectual property law. We grant you a limited, non-exclusive, non-transferable right to use Perch for your business while these Terms apply. You may not copy, republish, redistribute, or commercially exploit the service except as these Terms allow.
11. Availability and changes
We work to keep Perch available and reliable, but we don’t guarantee that it will always be available, uninterrupted, or free of errors, and we may carry out maintenance. As Perch is in active development, we may change, suspend, or withdraw features. Where a change is significant, we will aim to give you reasonable notice.
12. Disclaimers
To the fullest extent permitted by law, Perch and its content are provided “as is” and “as available”, and we exclude all warranties, conditions, and representations not expressly set out in these Terms. We don’t warrant that the reports or AI summaries are complete, accurate, or fit for any particular purpose, and you shouldn’t rely on them without your own checks.
13. Our liability
Nothing in these Terms limits our liability where it would be unlawful to do so, including liability for death or personal injury caused by our negligence, or for fraud.
Subject to that, and to the fullest extent permitted by law:
- we are not liable for any decisions you make based on a report, an AI summary, or the data shown in Perch;
- we are not liable for any indirect or consequential loss, or for loss of profit, revenue, business, goodwill, or data;
- our total liability to you for any claim arising from your use of Perch is limited to the greater of the fees you paid us in the 12 months before the claim, or £100.
Perch is intended for business users, and we don’t accept liability for use unrelated to your trade or business.
14. Suspension and termination
You can stop using Perch and close your account at any time. We may suspend or end your access if you break these Terms, if your payment fails, or if we need to for legal or security reasons. When your account ends, your right to use Perch stops, and we will handle any remaining data in line with our Privacy Policy.
15. Privacy and cookies
How we handle personal data is set out in our Privacy Policy, and how we use cookies is set out in our Cookie Policy. By using Perch you acknowledge those policies.
16. Governing law
These Terms and any dispute arising from them are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction.
17. Contact us
Thriving Colibri Ltd
68 Filton Road, Bristol, BS7 0PB, United Kingdom
Email: hello@thrivingcolibri.ai