Terms of Service

These Terms of Service govern your access to and use of the Berry mobile application and related services, features, and content (collectively, the “Service”), provided by the developer of Berry (“we,” “us,” or “our”). By accessing or using the Service, you (“you”) agree to be bound by this Agreement. If you do not agree to any of these terms, you must not access or use the Service.

1.Eligibility and Use of the Services

The Services are intended solely for individuals who are 18 years of age or older. No one under the age of 18 is permitted to create an account, access, or use the Services under any circumstances.

By accessing or using the Services, you represent and warrant that:

• You are at least 18 years old and have the legal capacity to enter into a binding agreement with Berry;
• You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.

If you are using the Services on behalf of a business or other legal entity, you further represent and warrant that you are duly authorized to accept these Terms and grant all rights and licenses described herein on behalf of that entity.

Berry relies on the information provided by users and does not independently verify age. If you provide false or misleading information regarding your eligibility, Berry shall not be liable for any resulting consequences. If you are under the age of 18, you must not attempt to register for or use the Services.

2.Rights We Grant You

Subject to your compliance with these Terms, Berry grants you a limited, personal, worldwide, royalty-free, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services. This license is granted solely for the purpose of enabling you to use and enjoy the Services in accordance with these Terms and any applicable usage policies.

Any software provided as part of the Services may automatically download and install updates, upgrades, or new features to improve functionality, security, or performance. You may be able to manage automatic updates through your device or operating system settings.

Except as expressly permitted by applicable law or with our prior written consent, you may not copy, modify, distribute, sell, lease, sublicense, or otherwise exploit any part of the Services. You also agree not to reverse engineer, decompile, disassemble, or attempt to extract the source code of the Services or any related software.

3.Rights You Grant Us

Some features of the Services allow you to create, upload, post, send, receive, and store content, including text, images, audio, video, or other materials (“User Content”). You retain ownership of any intellectual property rights you hold in your User Content.

By submitting User Content through the Services, you grant Berry a worldwide, royalty-free, non-exclusive, sublicensable, and transferable license to host, store, use, reproduce, display, modify, adapt, publish, and distribute such content solely for the purposes of operating, providing, maintaining, improving, promoting, and developing the Services, including for technical processing and service delivery.

The scope of this license is limited to what is reasonably necessary to provide the Services and will continue for as long as your content remains available through the Services. This license will end when you remove or delete your User Content from the Services, except where retention is required by law or for legitimate business purposes such as dispute resolution or enforcement of our Terms.

You acknowledge that we are not obligated to monitor User Content but reserve the right, at our sole discretion, to review, remove, restrict, or delete any content at any time if we believe it violates these Terms, applicable laws, or platform policies. You remain solely responsible for all User Content you create or share through the Services.

The Services may include advertisements. By using the Services, you agree that Berry and its partners may display advertising in connection with the Services, including alongside or within content.

If you voluntarily submit feedback, suggestions, or ideas regarding the Services, you agree that we may use such feedback without restriction or obligation to provide compensation.

By using the Services, you also agree to receive service-related communications, such as notifications, emails, or messages related to account management, security, updates, or operation of the Services. You may opt out of non-essential communications where permitted by law.

4.Content Provided by Other Users

The Services may include content created, uploaded, posted, sent, or shared by users or other third parties (“Third-Party Content”). Whether such content is made publicly available or shared privately, it is the sole responsibility of the individual or entity that provided it.

Berry does not control, endorse, or assume responsibility for any Third-Party Content. While we reserve the right, but do not have the obligation, to review, monitor, or remove content that violates these Terms, applicable laws, or our policies, we do not review all content made available through the Services. Accordingly, we cannot guarantee that any content will be accurate, complete, lawful, or compliant with these Terms.

You acknowledge and agree that your use of, or reliance on, any Third-Party Content is at your own risk. Berry does not guarantee the truthfulness, accuracy, or reliability of any content provided by users or third parties, nor do we endorse any opinions expressed through the Services.

5.Privacy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, store, and protect your personal information when you use the Services. We encourage you to read the Privacy Policy carefully to understand our data practices and your rights.

By accessing or using the Services, you acknowledge that you have read and understood our Privacy Policy and agree to the collection and use of your information in accordance with that policy.

6.Respecting the Rights of Others

We respect the rights of others, and we expect you to do the same. When using the Services, you agree not to create, upload, post, send, or store any content that:

• Infringes or violates another person’s rights, including rights of privacy, publicity, copyright, trademark, or other intellectual property rights;
• Is defamatory, misleading, false, or unlawful;
• Is abusive, threatening, harassing, intimidating, hateful, or promotes violence or discrimination;
• Is obscene, pornographic, sexually explicit, or otherwise inappropriate, especially content harmful to minors;
• Constitutes spam, unsolicited promotions, or deceptive solicitations;
• Contains viruses, malware, or any other harmful or disruptive code;
• Attempts to collect, trace, reverse look up, or misuse information about other users without authorization;
• Attempts to gain unauthorized access to the Services, accounts, systems, or networks, including through hacking or password mining;
• Uses automated means (such as bots, scrapers, or spiders) to access, monitor, or extract data from the Services without our permission.

You must also respect our rights. Except as expressly permitted by these Terms, you may not:

• Use our name, branding, logos, designs, images, videos, or other proprietary materials;
• Copy, reproduce, distribute, display, or otherwise exploit any part of the Services or its content;
• Use the Services or any content for commercial purposes without our prior written consent.

In short, you may not use the Services in any manner that is not expressly authorized by these Terms, nor assist or enable others to do so.

We reserve the right, but do not have the obligation, to review, remove, or restrict access to any content that violates these Terms or applicable laws. We may also access, preserve, or disclose information if we reasonably believe it is necessary to:

• Comply with legal or regulatory obligations;
• Enforce these Terms or investigate potential violations;
• Detect, prevent, or address fraud, security, or technical issues;
• Respond to user support requests or protect the rights, safety, and property of us, our users, or the public.

You acknowledge that you may encounter content that you find offensive, inaccurate, or otherwise inappropriate. We are not responsible or liable for user-generated content or for any loss or damage resulting from your reliance on or use of such content.

7.Respecting Copyright

You agree to upload, post, submit, or otherwise transmit only content that you have the legal right to use, reproduce, distribute, and share. You must not submit any content that infringes or violates the intellectual property rights or privacy rights of any third party, including but not limited to copyright, trademark, patent, trade secret, or rights of publicity.

We respect the intellectual property rights of others and expect users of the Services to do the same. In accordance with applicable copyright laws, including the Digital Millennium Copyright Act (DMCA), we take reasonable steps to promptly remove or disable access to content that is reported to infringe copyright. If we determine that a user has repeatedly infringed copyright, we may, at our discretion, suspend or terminate that user’s account.

If you believe that any content available through the Services infringes a copyright that you own or control, you may submit a copyright infringement notice by contacting us at: hankiejackson2021@gmail.com

Your notice should include the following information:

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the allegedly infringing material and sufficient information to allow us to locate it;
• Your contact information, including your name, address, telephone number, and email address;
• A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement that the information provided is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Please note that submitting false or misleading copyright claims may result in legal consequences under applicable law.

8.Safety

We strive to maintain a safe environment for all users, but we cannot guarantee it. By using the Services, you agree that you will not:

• Use the Services for any illegal purpose or in violation of these Terms.
• Access the Services using automated tools such as robots, spiders, crawlers, scrapers, or similar methods, or develop third-party apps that interact with the Services without our written consent.
• Interfere with, disrupt, or negatively affect other users’ experience or the proper functioning of the Services.
• Use another user’s account, username, or password without permission, or solicit login credentials from others.
• Post content containing pornography, graphic violence, threats, hate speech, weapons, or incitements to violence.
• Upload viruses, malicious code, or otherwise compromise the security of the Services.
• Circumvent content filters or attempt to access unauthorized areas or features of the Services.
• Probe, scan, or test the vulnerability of our systems or networks.
• Encourage or promote any activity that violates these Terms.

We reserve the right to investigate and take legal action against violations, including intellectual property infringement or security breaches, and may cooperate with law enforcement as necessary. We may monitor your use of the Services to ensure compliance with these Terms and applicable law.

For your safety, do not use the Services in ways that distract you from obeying traffic or safety laws, and never put yourself or others at risk.

9.Your Account

You are responsible for any activity that occurs in your account. So it's important that you keep your account secure. To protect your account:

• Choose a strong, unique password and do not share it.
• Do not create more than one account for yourself.
• Do not create a new account if your previous account was disabled, unless you have our written permission.
• Do not buy, sell, rent, or lease access to your account.
• Do not log in or attempt to access the Services through unauthorized third-party apps or clients.

If you believe your account has been accessed without authorization, contact Berry Support immediately at: hankiejackson2021@gmail.com

10.Purchases and Payments

Berry may offer virtual goods or services that you can purchase through the app. These purchases are limited to the use of the Service and do not grant you ownership of the underlying products. You will always see the price before completing a purchase. All payments are processed by authorized third-party providers, such as the Google Play Store. Berry does not handle payment processing directly. Third-party providers may charge applicable taxes depending on your location. Please review their terms for details.

All purchases are final and non-refundable. Because access to purchased virtual goods begins immediately upon confirmation, you waive any right to cancel or request a refund under EU or other local laws once the purchase is completed. BY ACCEPTING THESE TERMS, YOU AGREE THAT BERRY IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON.

Virtual goods may be single-use or multi-use, but “multi-use” does not mean unlimited. Berry may modify, remove, or discontinue virtual goods at any time without notice and will not be liable to you or any third party for such changes. If your account is suspended or terminated, any purchased virtual goods will be lost.

Berry does not handle or transmit any funds and is not a money-services business. Any payment-related functionality in the Services is provided solely by independent, unaffiliated third-party providers, and is subject to the terms and conditions of those providers.

Berry offers in-app purchases (“IAP”) through authorized platforms such as Google Play. When you make an IAP, your platform account will be charged according to the platform’s pricing, terms, and applicable taxes. You are responsible for reviewing and complying with the platform’s policies, as these purchases are governed by the platform’s rules and not by Berry.

11.Data Charges and Mobile Phones

You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you are unsure about potential charges, please consult your mobile service provider before using the Services.

12.Third-Party Services

Certain features or services available through the App may be provided or operated by third parties, including features we offer jointly with them. Your use of such third-party services is governed by that third party’s terms of service and privacy policies. Berry is not responsible for the actions, content, or policies of any third party, and we do not assume any liability for your interactions with them.

13.Modifying the Services and Termination

Berry is continuously improving and updating the Services. As part of this process, we may add, modify, or remove features, functionalities, or products, and we may suspend or discontinue the Services entirely. These changes may occur at any time, with or without notice.

Berry may also terminate your access to the Services, or these Terms, at any time and for any reason. This may include, without limitation, deactivating your account due to prolonged inactivity, violation of these Terms, or other inappropriate behavior. Upon termination, your access to the Services and any associated content may be restricted or removed, and usernames or other identifiers may be reclaimed by Berry.

14.Indemnity

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Berry, including our directors, officers, employees, and affiliates, from and against any and all claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising from or relating to:

• Your access to or use of the Services;
• Any content you create, upload, post, send, or store through the Services;
• Your breach of these Terms.

15.Disclaimers

We strive to keep the Services available, reliable, and free from disruptions, but we cannot guarantee that they will always be secure, error-free, or available at all times. The Services are provided “AS IS” and “AS AVAILABLE,” and to the extent permitted by applicable law, without any warranties, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. While Berry works to provide a good user experience, we do not guarantee that the Services will function without delays, interruptions, or imperfections, or that any content or information you access on or through the Services, including user-generated content, will be accurate, complete, or timely. Berry assumes no responsibility and shall have no liability for any content created, uploaded, posted, sent, received, or stored by you, other users, or third parties through the Services. You acknowledge and agree that you may be exposed to content that is offensive, unlawful, misleading, or otherwise inappropriate, and Berry will not be liable for any such content.

16.Limitation of Liability

To the maximum extent permitted by applicable law, Berry shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, profits, or other intangible losses arising out of or related to your use of or inability to use the Services. Nothing in these Terms shall exclude or limit liability where such exclusion or limitation is not permitted by law.

17.Arbitration

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict-of-laws principles.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall first be resolved through good-faith negotiations between the parties. If such negotiations fail, the dispute shall be submitted to binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules then in effect. The arbitration shall be conducted in English, and the place of arbitration shall be California, United States. The arbitral award shall be final and binding on both parties.

18.Choice of Law

These Terms and any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or their subject matter (including tort claims), shall be governed by and construed in accordance with the laws of the State of California, United States, excluding its conflict-of-laws principles.

19.Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitral tribunal of competent jurisdiction, such provision shall be deemed severed from these Terms and shall not affect the validity, legality, or enforceability of the remaining provisions, which shall remain in full force and effect.

20.Additional Terms for Specific Services

Certain features, products, or services offered through the Services may be subject to additional terms and conditions. Such additional terms will be made available in connection with the applicable Services and, by using those Services, you agree to be bound by those additional terms. In the event of any conflict between these Terms and the additional terms, the additional terms shall prevail with respect to the applicable Services.

21.Final Terms

• These Terms constitute the entire agreement between you and Berry regarding your access to and use of the Services. They supersede any prior or contemporaneous agreements, communications, or understandings, whether written or oral.
• These Terms do not create or confer any third-party beneficiary rights.
• Any failure by Berry to enforce any provision of these Terms shall not be deemed a waiver of such provision or of the right to enforce it in the future.
• All rights not expressly granted to you under these Terms are reserved by Berry.
• You may not assign or transfer any of your rights or obligations under these Terms without Berry’s prior written consent.
• These Terms are written in English. To the extent any translated version conflicts with the English version, the English version shall prevail.

22.Contact Us

If you have any general inquiries regarding our Services or the information we collect about you and its usage, please feel free to reach out via email at hankiejackson2021@gmail.com

For questions related to app usage, you can also contact us through the in-app customer support feature.

We strive to respond within a reasonable timeframe, so don’t hesitate to get in touch at any time.