eula

END USER LICENSE AGREEMENT

Last updated July 14, 2026

berri is licensed to You (End-User) by Berri Social Inc, reachable via mail at 8 The Green, Ste A, Dover, DE 19901, United States ("Licensor"), for use only under the terms of this License Agreement.

By downloading the Licensed Application from Apple's software distribution platform ("App Store") and Google's software distribution platform ("Play Store"), and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement. App Store and Play Store are referred to in this License Agreement as "App Stores."

The parties of this License Agreement acknowledge that the App Stores are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. Berri Social Inc, not the App Stores, is solely responsible for the Licensed Application and the content thereof.

This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions and Google Play Terms of Service ("Usage Rules"). Berri Social Inc acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them.

berri when purchased or downloaded through the App Stores, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. berri is to be used on devices that operate with Apple's operating systems ("iOS" and "Mac OS") or Google's operating system ("Android").

TABLE OF CONTENTS

1. THE APPLICATION

2. SCOPE OF LICENSE

3. TECHNICAL REQUIREMENTS

4. MAINTENANCE AND SUPPORT

5. USE OF DATA

6. USER-GENERATED CONTRIBUTIONS

7. CONTRIBUTION LICENSE

12. CONTACT INFORMATION

13. TERMINATION

14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

15. INTELLECTUAL PROPERTY RIGHTS

16. APPLICABLE LAW

17. MISCELLANEOUS

18. THIRD-PARTY SERVICES

19. CHILD SAFETY AND CSAECSAM POLICY

1. THE APPLICATION

berri ("Licensed Application") is a piece of software created to berri ('Licensed Application') is a mobile application that enables users to coordinate hanging out in real life with friends and meet new, compatible people, and includes features such as rewards, photo and video sharing, a local business directory with reviews, and games.

The Licensed Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Licensed Application. You may not use the Licensed Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. SCOPE OF LICENSE

2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Devices that You (End-User) own or control and as permitted by the Usage Rules, with the exception that such Licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.

2.2 This license will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.

2.3 You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with Berri Social Inc's prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.

2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with Berri Social Inc's prior written consent).

2.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.

2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

2.7 Licensor reserves the right to modify the terms and conditions of licensing.

2.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.

3. TECHNICAL REQUIREMENTS

The Licensed Application requires a compatible iOS or Android device, a supported operating-system version, and internet access. Supported operating-system versions may change as described in the applicable App Store or Google Play listing. You are responsible for ensuring that your device meets the then-current technical requirements.

4. MAINTENANCE AND SUPPORT
4.1 The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address listed in the App Store or Play Store Overview for this Licensed Application.

4.2 Berri Social Inc and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

5. USE OF DATA

Licensor may collect, use, and process Your personal information and technical data as described in Licensor's Privacy Policy at https://www.berri.social/privacy, including information processed through Tracking Technologies and Third-Party Services. Where consent is required for optional analytics Tracking Technologies or precise location, Licensor will request Your affirmative choice through the Licensed Application or Your device settings. Account deletion and personal-information retention are governed by our Privacy Policy, available at https://www.berri.social/privacy.

6. USER-GENERATED CONTRIBUTIONS
The Licensed Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Licensed Application and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Licensed Application, and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
13. Your Contributions do not otherwise violate, or link to material that violates, any provision of this License Agreement, or any applicable law or regulation.

Any use of the Licensed Application in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.

7. CONTRIBUTION LICENSE

You retain ownership of your Contributions. By posting or otherwise making Contributions available through the Licensed Application, you grant Berri Social Inc a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, reproduce, format, transmit, display, perform, distribute, and otherwise use your Contributions solely as reasonably necessary to operate, provide, secure, maintain, improve, and promote the Licensed Application.

This license ends when you delete the relevant Contribution or delete your account, except to the extent the Contribution has been shared with other users, copied or retained by other users, is required for legal, security, fraud-prevention, or dispute-resolution purposes, or remains in backup systems for a limited period.

You represent that you have all rights, permissions, and consents necessary to submit the Contributions and grant this license.

8. LIABILITY
8.1 Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.

8.2 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this License Agreement. To avoid data loss, You are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application, You will not have access to the Licensed Application.

8.3 Licensor takes no accountability and responsibility in case of Underage Drinking.

8.4 Licensor takes no accountability and responsibility in case of Public Intoxication.

8.5 Licensor takes no accountability and responsibility in case of Unlawful Intoxication.

8.6 Licensor takes no accountability and responsibility in case of Any Unlawful Activity.

9. WARRANTY

9.1 No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Berri Social Inc's sphere of influence that affect the executability of the Licensed Application.

9.2 You are required to inspect the Licensed Application immediately after installing it and notify Berri Social Inc about issues discovered without delay by email provided in Contact Information. The defect report will be taken into consideration and further investigated if it has been emailed within a period of ninety (90) days after discovery.

9.4 If we confirm that the Licensed Application is defective, Berri Social Inc reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.

9.5 In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Services Store Operator, and Your Licensed Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.

9.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.

10. PRODUCT CLAIMS

Berri Social Inc and the End-User acknowledge that Berri Social Inc, and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to:

(i) product liability claims;

(ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and

(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.

11. LEGAL COMPLIANCE

You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country; and that You are not listed on any US Government list of prohibited or restricted parties.

12. CONTACT INFORMATION

For general inquiries, complaints, questions, claims, or account-deletion assistance, contact Berri Social Inc at contact@berri.social or by mail at 8 The Green, Ste A, Dover, DE 19901, United States.

13. TERMINATION

The license is valid until terminated by Berri Social Inc or by You. Account deletion and personal-information retention are governed by our Privacy Policy, available at https://www.berri.social/privacy. Your rights under this license will terminate automatically and without notice from Berri Social Inc if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

Berri Social Inc represents and warrants that Berri Social Inc will comply with applicable third-party terms of agreement when using Licensed Application.

In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," both Apple and Google and their subsidiaries shall be third-party beneficiaries of this End User License Agreement and — upon Your acceptance of the terms and conditions of this License Agreement, both Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.

15. INTELLECTUAL PROPERTY RIGHTS

Berri Social Inc and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes on the third party's intellectual property rights, Berri Social Inc, and not the Services, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.

16. APPLICABLE LAW

This License Agreement is governed by the laws of the State of Delaware excluding its conflicts of law rules.

17. MISCELLANEOUS

17.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

17.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.

18. THIRD-PARTY SERVICES

The Licensed Application may integrate, rely on, or interoperate with third-party products and services (including SDKs, APIs, and infrastructure) to provide certain features and functionality (collectively, “Third-Party Services”). Third-Party Services are provided by independent third parties and are not owned or controlled by Berri Social Inc. Your use of any Third-Party Services may be subject to the third party’s own terms, acceptable use policies, and privacy practices, which you are responsible for reviewing.

Without limiting the foregoing, Third-Party Services used in connection with the Licensed Application may include, by way of example: Stream (in-app messaging and group chat), Supabase (backend services such as authentication and database), Cloudflare Workers and Cloudflare R2 (serverless compute and storage/delivery), Twilio (communications/SMS features), Pushy (push notifications), Foursquare Premium Places API (venue/place data), and Giphy (GIF search/display). Berri Social Inc may add, remove, or substitute Third-Party Services at any time in its discretion.

To enable features that rely on Third-Party Services, the Licensed Application may transmit or make available certain information and content to Third-Party Services as necessary to operate the Licensed Application, including identifiers, device and connection information, and content you submit through the Licensed Application (such as messages, photos, videos, and attachments) and related metadata (such as timestamps, delivery status, and group membership). You understand that content you share through user-to-user features may be visible to other users and may be processed by Third-Party Services in accordance with their policies.

THIRD-PARTY SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” To the maximum extent permitted by applicable law, Berri Social Inc disclaims all responsibility and liability for Third-Party Services (including their acts, omissions, availability, security, performance, and compliance) and for any losses or damages arising out of or relating to Third-Party Services or your use of them, including without limitation message or notification delivery failures or delays, inaccurate or incomplete venue/media content, service outages or degraded performance, and issues originating outside Berri Social Inc’s systems. This subsection is in addition to, and does not limit, any other disclaimers, warranty limitations, limitation of liability provisions, and indemnity obligations in this Agreement.

For information about how data is collected, used, stored, and shared (including in connection with Third-Party Services), please review our Privacy Policy at www.berri.social/privacy.

19. CHILD SAFETY AND CSAE/CSAM POLICY

19.1 Zero Tolerance Policy. Berri Social Inc maintains a strict zero-tolerance policy for child sexual abuse and exploitation (“CSAE”) and child sexual abuse material (“CSAM”). You may not use the Licensed Application to create, upload, post, transmit, store, request, solicit, or distribute any content that exploits or abuses minors in any way. Any such conduct constitutes a material breach of this License Agreement and may result in immediate suspension or termination of your account and access to the Licensed Application.

19.2 Reporting Mechanism. The Licensed Application provides users with a mechanism to report safety concerns, including suspected CSAE, CSAM, or other exploitation-related activity. Reports may also be submitted directly to:

dev@berri.social
(Subject Line: Child Safety Report)

19.3 Investigation and Enforcement. Upon obtaining actual knowledge of CSAM, CSAE-related activity, or other content involving the sexual exploitation of minors, Berri Social Inc will take appropriate action consistent with applicable law and platform requirements. Such action may include removal of offending content, suspension or permanent termination of responsible account(s), preservation of relevant records where legally required, and reporting to appropriate law enforcement or regulatory authorities.

19.4 Compliance With Laws and Platform Policies. Berri Social Inc complies with applicable child safety laws and mandatory reporting obligations in jurisdictions where it operates. The Licensed Application is intended to comply with applicable Apple App Store Review Guidelines and Google Play Developer Program Policies relating to user safety and exploitation prevention.

19.5 Child Safety Contact. For inquiries regarding child safety compliance or CSAE/CSAM prevention practices, please contact:

dev@berri.social