Terms of Service

Last updated 25 October 2026 · Berry Technologies, Inc.

1. Who we are and what these terms cover

Berry is run by Berry Technologies, Inc. (“Berry,” “we,” “us”), a corporation organized under the laws of Delaware. These terms are an agreement between you and us when you use Berry’s website, app, texting line or any related service (the “Service”). If you have signed a separate agreement for another Berry product, that agreement controls for that product, and these terms continue to apply to the Service. If you use Berry for a company, you must be authorized to accept these terms for it.

Our Privacy Policy explains how we handle personal information and is part of these terms. By creating an account you agree to these terms and the Privacy Policy. If you don’t agree, don’t use Berry.

2. Using Berry

You may use Berry for lawful purposes only. You must be:

• 18 years old or older;
• able to form a binding contract where you live; and
• not someone we have previously closed the account of for breaking these terms, and not someone the law forbids from using Berry.

Berry is currently available only in the United States.

You agree not to use Berry to:

• make deepfakes or any realistic depiction of a real person without their consent, or anything meant to deceive people about what a real person said or did;
• create, upload or request any content showing a minor, or sexualising anyone;
• harass, bully, threaten, defame or demean anyone, or promote hate or violence;
• create or share illegal content, break any law or infringe anyone’s rights, or help anyone do so;
• spread political or election misinformation, or pose as an official source, or impersonate any person or organization;
• spam, or send content to people who didn’t ask for it;
• interfere with, overload or disrupt Berry or its security, or introduce malware;
• use automated means to access or collect content from the website beyond ordinary browsing and standard search-engine indexing, or scrape, copy or harvest data from Berry, or reverse engineer it, except where law allows;
• submit an email address that is not yours, or any false or misleading information;
• get around our limits, safety checks or moderation;
• abuse the texting assistant: trick it into breaking these rules, flood it, or use it to contact other people;
• probe, scan or test Berry for vulnerabilities, or access another person’s account or data, without our written permission;
• resell or white-label Berry; or
• break the terms of any connected platform.

3. Your account

• Give us accurate information and keep it current. Submit only a phone number and an email address that are yours.
• Keep your sign-in secure. You’re responsible for what happens in your account.
• One person per account. Don’t share or sell it.
• Tell us at once at legal@berrysystems.co if you think someone else got in.

Asking for early access. You can ask for a place with your email address and your business name on the early-access page, and add a note if you like. A request is not an account and does not make you a customer. It does not reserve anything for you or promise you access. We read each request. Once your request is approved, you can sign up with the email you gave us. Only submit your own address. How we handle a request is set out in the Privacy Policy.

4. What Berry does

Text Berry. Berry is an AI assistant you talk to by text message. It always tells you it’s an AI. It plans campaigns and creates captions, images and videos from the photos and videos you send, using third-party AI providers. It publishes to Instagram, or creates a draft in TikTok, only after you approve that specific post.

Connected accounts. You can connect social accounts through each platform’s own sign-in. We never see or store your passwords. Access tokens are stored encrypted, are used only for what you approved, and you can disconnect at any time in Berry or at the platform.

We may change, add or remove features. If we remove a feature you paid for, we’ll refund the unused portion.

5. What Berry says, and about AI output

Berry describes what it does and what we are building. Descriptions of features, results and performance describe our goals and product direction. They are not a guarantee of availability, timing or results, and nothing in Berry is professional advice or an offer to sell.

• Berry uses AI. Plans, captions, images, videos and replies (“Output”) may be inaccurate, odd, or not what you expected. Similar requests can give different results.
• Output can look realistic. It is generated, not a record of real events.
• Review every image, video and post before you share or publish it. Once you confirm a post, you are the one publishing it.
• Don’t rely on Output for legal, medical, financial or other professional advice.
• Others may receive Output similar to yours. AI generated Output may not be protected by copyright everywhere.
• Images, videos and posts made with Berry are AI-generated or AI-edited. Where a platform or the law requires it, label them as AI-generated, and don’t remove any label or marker we add. We may add labels or invisible markers to Output where a platform or the law requires them.

6. Your content, and your promises about it

“Your Content” means what you give Berry: photos, videos, words, pitches and messages, plus the Output made for you.

• You own it. As between you and us, you keep your rights in Your Content and your Output. To the extent we have any rights in Output, we assign them to you.
• Licence to us. You give us a non-exclusive, worldwide, royalty-free licence to host, store, copy, process, adapt and transmit Your Content only to provide, secure and support the Service for you, including sending it to the providers in section 13 for that purpose and to the platforms you choose to post to. This licence ends when Your Content is deleted, except for copies we must keep by law or that sit in backups until they cycle out, within 7 days.
• No training. We don’t use Your Content to train AI models. We don’t sell it.
• No showcasing without permission. We won’t use your images or videos in our marketing unless you say yes separately.
• No face recognition. Berry does not use face recognition and does not create biometric templates or face prints from your photos. Our AI providers receive your photos only to create what you ask for, and may not use them to train their models.

When you upload or send anything, you promise that:

1. You own it or have permission to use it this way.
2. Everyone recognisable in it has agreed to appear in it, to have it turned into AI-generated images, videos or posts, and to have it shared where you share it.
3. No one shown in it is under 18.
4. It contains no sexual or nude content of a real person.
5. It is not unlawful, and doesn’t infringe anyone’s rights, including copyright, trademark, privacy or publicity rights.
6. You’re not using it to impersonate anyone, or to depict someone’s likeness without their consent.

If any of these stops being true, delete the content and don’t publish Output made from it.

7. Texting

• Consent. When you text Berry, you agree to receive texts from Berry about your account, your drafts, posts and results. Berry does not start a text to a number that has not texted it first. Consent isn’t a condition of buying anything.
• Frequency. Message frequency varies with how you use Berry.
• Rates. Message and data rates may apply.
• STOP and HELP. Text STOP at any time to stop messages; we’ll confirm once and then stop. Text HELP for help, or write to legal@berrysystems.co.
• Confirming. Berry starts paid work or publishes a post only after you clearly approve that specific item, and it tells you exactly what it will do before it does it.
• Carriers. Carriers are not liable for delayed or undelivered messages.
• Only use a number that is yours.

8. Electronic communications

By using Berry you agree that we may communicate with you electronically, including by text and by notices in Berry. Those communications satisfy any legal requirement that they be in writing. Texts follow section 7.

9. Pricing

Pricing. Berry is free during early access. If we introduce paid features, we’ll show the price, what’s included and how cancelling works before you pay, and those terms will apply to that purchase.

10. Intellectual property

Berry, including its text, design, graphics, code, presets and the Berry name and logo, is owned by Berry Technologies, Inc. or its licensors and is protected by intellectual property laws. We give you a limited, revocable, non-exclusive, non-transferable right to use the Service under these terms. You may not copy, modify, distribute, sell or create derivative works from Berry, or use our name or logo, without our written permission. We reserve all rights not expressly granted. Your Content is covered by section 6, not this one.

11. Feedback and messages

If you send us ideas, suggestions or other feedback about Berry, we may use them without restriction and without compensation to you, and you grant us a worldwide, perpetual, irrevocable, royalty-free licence to do so. This doesn’t give us rights in Your Content. You remain responsible for anything you send us, and you should not send us anything you are not allowed to share.

12. Moderation and reporting concerns

• We run automatic checks on uploads and Output, and may block anything that seems to break these terms. Our staff don’t view your media as part of routine moderation; a member of staff may review specific content only to investigate a report or a safety issue, or where the law requires.
• To report content, including a copyright complaint, write to legal@berrysystems.co with enough detail for us to find it.
• We may report content showing the abuse of a child to the authorities, as the law requires.

13. Third-party services and links

Berry relies on other companies to work:

• AI providers that create images, videos and text from your inputs. The Privacy Policy lists the categories of providers we use.
• A texting provider to send and receive messages.
• Instagram and TikTok when you connect and post.

Berry may link to third-party sites. Their own terms and privacy policies apply to your use of them, including platform rules on content and AI labelling, and we are not responsible for their content or practices, their services, outages or decisions, such as a platform removing a post or limiting your account.

14. Deleting content and ending your account

• You can delete uploads and content, and disconnect accounts, at any time. You can close your account in settings or by writing to us. We then delete your content and connection tokens as described in the Privacy Policy, except what the law requires us to keep.
• We may suspend or restrict your access, remove content, refuse to generate or publish, or close your account if we reasonably believe you’ve broken these terms, created risk or legal exposure for us or others, if we need to protect Berry or other people, or if the law requires. Where we can, we’ll tell you why.
• Deleting from Berry doesn’t remove anything you already posted to a platform; remove it there.
• Sections that by their nature should survive, including your content and promises (6), intellectual property, feedback, disclaimer, limitation of liability, indemnification and governing law, survive closure.

15. Disclaimer

The Service is provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Service will be uninterrupted, secure or error-free, or that Output will meet your expectations or perform on any platform.

16. Limitation of liability

To the fullest extent permitted by law, Berry Technologies, Inc. and its officers, directors, employees and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, reputation, followers or goodwill, arising out of or relating to your use of, or inability to use, the Service, however caused and even if we have been told such loss is possible. Our total liability for any claim about the Service is limited to the greater of the amount you paid us in the 12 months before the claim or $100.

Some places do not allow certain exclusions, so some of these may not apply to you. Nothing in these terms limits liability that cannot be limited by law.

17. Indemnification

You agree to defend and hold harmless Berry Technologies, Inc. and its officers, directors, employees and affiliates from claims, losses and expenses (including reasonable legal fees) to the extent they arise from Your Content, what you publish through Berry, or your breach of these terms.

18. Changes

We may update these terms from time to time. We will post the updated version here and revise the “Last updated” date. For material changes we’ll also tell you in Berry or by text at least 30 days ahead, and you’ll be asked to accept them. If you keep using Berry after they take effect, you accept them; if you don’t agree, cancel.

19. Governing law and disputes

These terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. Before filing a claim, please write to legal@berrysystems.co and give us 30 days to try to resolve the matter informally. Any claim that is not resolved informally must be brought in the state or federal courts located in Delaware, and you and we consent to the jurisdiction of those courts. Either of us may bring a qualifying claim in small claims court.

20. General

• Whole agreement. These terms and the Privacy Policy are the entire agreement between you and us about the Service.
• Severability and waiver. If a provision is found unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver of it.
• Independent parties. You and we are independent parties; nothing here creates a partnership, employment or agency relationship, and these terms give no rights to anyone else.
• Events beyond our control. Neither of us is liable for a delay or failure caused by events beyond our reasonable control.
• Assignment. You can’t transfer these terms. We may transfer them in connection with a merger, financing, acquisition or sale of assets.
• Early access. While Berry is in early access, features may change or stop. These terms replace any earlier tester terms.

21. Contact

For any question about these terms, reach us at:

Berry Technologies, Inc., 25 Kent Ave lobby; Suite 401, Brooklyn, NY 11249

legal@berrysystems.co