Terms of Service

1. Agreement to Terms

By accessing or using BerryDesk's AI chatbot platform and services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, you may not access or use our services. These terms apply to all users, including visitors, registered users, and paid subscribers.

2. Description of Service

BerryDesk provides an AI-powered chatbot platform that enables users to create, train, and deploy AI agents across multiple channels including websites, WhatsApp Business, Instagram, Slack, and other platforms. Our service utilizes third-party AI models including GPT-4, Claude, and Gemini to power intelligent conversations.

3. User Accounts and Registration

To use BerryDesk, you must:

• Be at least 18 years old or the age of majority in your jurisdiction
• Provide accurate, current, and complete registration information
• Maintain the security of your password and account
• Promptly update your account information if it changes
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized access or security breach

You are solely responsible for maintaining the confidentiality of your account credentials. BerryDesk will not be liable for any loss or damage arising from your failure to protect your account information.

4. Subscription Plans and Billing

BerryDesk offers various subscription plans with different features and pricing:

• Free Plan: Limited features for evaluation purposes
• Starter Plan ($40/month): 2,000 message credits, 1 AI agent
• Plus Plan ($150/month): 7,000 message credits, 3 AI agents
• Pro Plan ($500/month): 30,000 message credits, 10 AI agents
• Enterprise Plan: Custom pricing and features

Billing terms:

• Subscriptions are billed monthly in advance
• All fees are non-refundable except as required by law
• You authorize us to charge your payment method on a recurring basis
• We reserve the right to change pricing with 30 days notice
• Failure to pay may result in service suspension or termination

5. Acceptable Use Policy

You agree not to use BerryDesk to:

• Violate any applicable laws, regulations, or third-party rights
• Transmit harmful, offensive, or inappropriate content
• Impersonate any person or entity or misrepresent your affiliation
• Interfere with or disrupt the service or servers
• Attempt to gain unauthorized access to any part of the service
• Use the service for spam, phishing, or malicious activities
• Reverse engineer, decompile, or disassemble any part of the service
• Create AI chatbots that generate illegal, harmful, or fraudulent content
• Resell or redistribute the service without authorization
• Use automated tools to access the service excessively

6. Content and Data Ownership

You retain all ownership rights to the content and data you upload to BerryDesk, including training data, documents, and conversation logs. By uploading content, you grant BerryDesk a limited license to use, process, and store your data solely for the purpose of providing and improving our services. We do not claim ownership of your content, and we will not use your data to train third-party AI models without your consent.

7. Intellectual Property Rights

BerryDesk and its original content, features, and functionality are owned by BerryDesk and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. Our trademarks and trade dress may not be used without prior written consent. You may not copy, modify, distribute, sell, or lease any part of our services without authorization.

8. Third-Party AI Services

BerryDesk integrates with third-party AI services including OpenAI (GPT-4), Anthropic (Claude), and Google (Gemini). Your use of these AI models is subject to their respective terms of service and privacy policies. We are not responsible for the availability, accuracy, or functionality of these third-party services. These providers may update or discontinue their services, which may affect BerryDesk's functionality.

9. Service Availability and Support

While we strive for 99.9% uptime, we do not guarantee uninterrupted access to our services. We may perform scheduled maintenance, updates, or emergency repairs that may temporarily affect service availability. We will provide advance notice of scheduled maintenance when possible. Technical support is provided via email and our support portal, with response times varying by subscription plan.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BERRYDESK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO BERRYDESK IN THE TWELVE MONTHS PRECEDING THE CLAIM.

11. Disclaimers and Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED. WE DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF AI-GENERATED RESPONSES.

12. Indemnification

You agree to indemnify, defend, and hold harmless BerryDesk and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the service, your violation of these terms, or your violation of any rights of another party.

13. Termination

We reserve the right to suspend or terminate your account and access to the service at our sole discretion, without notice, for conduct that we believe violates these terms or is harmful to other users, us, or third parties, or for any other reason. You may cancel your subscription at any time through your account settings. Upon termination, your right to use the service will immediately cease, and we may delete your data after a reasonable grace period.

14. Dispute Resolution and Governing Law

These terms shall be governed by and construed in accordance with the laws of the jurisdiction where BerryDesk is headquartered, without regard to its conflict of law provisions. Any disputes arising from these terms or your use of the service shall be resolved through binding arbitration, except where prohibited by law. You agree to waive any right to a jury trial or class action.

15. Changes to Terms

We reserve the right to modify these Terms of Service at any time. We will notify users of material changes via email or through a prominent notice on our platform. Your continued use of the service after such modifications constitutes your acceptance of the updated terms. If you do not agree to the modified terms, you must stop using the service.

16. Export Controls

You agree to comply with all applicable export and import control laws and regulations in your use of the service. You represent that you are not located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country, and that you are not on any government list of prohibited or restricted parties.

17. Severability

If any provision of these terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these terms will otherwise remain in full force and effect and enforceable.

18. Contact Information

If you have any questions about these Terms of Service, please contact us:

• Email: legal@berrydesk.com
• Support: hello@berrydesk.com
• Website: www.berrydesk.com