15. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
16. PRIVACY POLICY AND TRACKING CHOICES
Our Privacy Policy, available at www.berri.social/privacy, explains how we collect, use, disclose, and protect personal information, including our use of Tracking Technologies and Third-Party Services. The Privacy Policy identifies the categories of information involved, purposes of processing, applicable service providers, and choices available to you. By using the Services, you acknowledge that you have received the Privacy Policy. The Privacy Policy is incorporated into these Legal Terms.
Where applicable law requires your consent for optional analytics Tracking Technologies or precise location, we will request your affirmative choice through the Services or your device settings. You may withdraw optional consent through Settings > Privacy or your device settings; doing so will apply prospectively and may limit related features.
17. TERM AND TERMINATION
These Legal Terms remain in full force and effect while you use the Services.
Without limiting any other provision of these Legal Terms, we may, in our sole discretion and to the extent permitted by law, deny, restrict, suspend, or terminate your access to or use of the Services, including by blocking certain IP addresses, if we reasonably believe that you have violated these Legal Terms, applicable law, or the rights or safety of us, our users, or third parties. We may also remove or restrict access to content or disable your account where appropriate.You may stop using the Services at any time.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
18. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
19. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely performed within the State of Delaware, without regard to its conflict of law principles.
20. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Kent, Delaware. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Kent, Delaware, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.
In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) year(s) after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
21. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
22. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
23. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE six (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $100.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
24. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
25. USER DATA
We collect and use personal information as described in our Privacy Policy: https://www.berri.social/privacy. We ask for your permission before using precise location or optional analytics. You can change these choices at any time in Settings > Privacy or in your device settings. Turning off location may prevent location-based features from working. You may delete your account through Settings > Delete Account in the App. Account deletion is irreversible. After confirming your request, we will delete or de-identify personal information from our active systems within a reasonable period. We may retain limited information where necessary for legal compliance, fraud prevention, security, dispute resolution, enforcement of our agreements, or backup and disaster-recovery processes. Any retained information will be protected, used only for those purposes, and deleted or de-identified when no longer needed.
26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
27. SMS TEXT MESSAGING
Program Description
By opting into any Twilio text messaging program, you expressly consent to receive text messages (SMS) to your mobile number. Twilio text messages may include: account alerts, appointment reminders, marketing communications, order updates, responses to inquiries and special offers.
Opting Out
If at any time you wish to stop receiving SMS messages from us, simply reply to the text with "STOP.” You may receive an SMS message confirming your opt out.
Message and Data Rates
Please be aware that message and data rates may apply to any SMS messages sent or received. The rates are determined by your carrier and the specifics of your mobile plan.
Support
If you have any questions or need assistance regarding our SMS communications, please email us at contact@berri.social.
28. CALIFORNIA USERS AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
29. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
30. RESPONSIBLE USE OF IN-APP GAMES
By using berri social (“the App”), you acknowledge and agree that certain mini games may include terms such as “hydrate,” “sip,” “sips,” “drink,” or “drinks,” which are intended purely for entertainment purposes only and are not expressly designed to promote, require, or encourage the consumption of alcohol. Any decision to consume alcohol while engaging with the App is entirely your own choice and responsibility, and you agree to do so only in a safe, lawful, and responsible manner. The App does not encourage or endorse excessive drinking, binge drinking, underage drinking, or any activity that is unsafe, unlawful, or harmful. If you are under the legal drinking age in your jurisdiction, you must not use the App in connection with alcohol consumption, and we disclaim any responsibility or liability for underage drinking. You understand and accept that any decision to consume alcohol while using the App is voluntary and undertaken at your own risk, and you expressly release and hold harmless the App, its owners, developers, affiliates, and partners from any claims, damages, injuries, or liabilities that may arise from or relate to your actions, including but not limited to claims that the App encouraged you to consume alcohol or caused you to engage in unsafe or unlawful behavior. By continuing to use the App, you expressly waive the right to bring legal action against us for any consequence of your personal choices, including the consumption of alcohol, whether by yourself or by or with others. The App is intended for use only by individuals who have accepted these Terms and Conditions. We are not responsible for the actions of individuals who have not accepted these Terms, even if they are participating in activities alongside users of the App. We do not control, supervise, or assume responsibility for the behavior of any individuals participating in activities associated with the App, whether or not they have accepted these Terms. By using the App, you agree that you are solely responsible for ensuring that any individuals who participate in activities with you do so lawfully and safely, and you agree to indemnify and hold the App, its owners, developers, affiliates, and partners harmless from any claims arising from the actions of non-users. You also agree to indemnify, defend, and hold harmless the App from any claims, damages, or liabilities brought by third parties arising from or related to your use of the App or activities conducted in connection with it. All participants play at their own risk, and it is the device owner’s responsibility to ensure that anyone they choose to use the App with is held to these same Terms and Conditions. It is also the device owner’s duty to inform and caution others of the risks associated with misuse or abuse of these terms or the games in the App, and to act responsibly at all times.
31. THIRD-PARTY SERVICES
We use certain third-party products, services, and application programming interfaces (“APIs”) to provide and operate parts of the Services. These third parties are independent from us, and we do not control their systems or operations. Your use of third-party-enabled features may be subject to the third party’s applicable terms, policies, and practices. This Section supplements (and does not limit) Sections 13 (THIRD-PARTY WEBSITES AND CONTENT), 18 (MODIFICATIONS AND INTERRUPTIONS), 22 (DISCLAIMER), 23 (LIMITATIONS OF LIABILITY), and 24 (INDEMNIFICATION).
A. Messaging and Chat (Stream).
We use Stream to support certain group chat and real-time messaging features (the “Messaging Features”), including the underlying infrastructure and delivery of messages.
Information processed for Messaging Features. To operate the Messaging Features, we may transmit and process information through Stream, which may include your user ID, username/display name, profile image, chat messages, attachments you choose to send, and related messaging metadata (such as timestamps, delivery status, and group membership information).
User responsibility. You acknowledge that messages and other content you submit through the Messaging Features may be visible to other users in the applicable chats. You are solely responsible for your conduct and any content you send through the Messaging Features, and you agree that such content constitutes “Contributions” under these Legal Terms and remains subject to Section 9 (PROHIBITED ACTIVITIES) and Sections 10–11 (USER GENERATED CONTRIBUTIONS / CONTRIBUTION LICENSE). We may restrict, remove, or disable access to Messaging Features or related content to enforce these Legal Terms, comply with applicable law, or protect the safety and integrity of the Services.
B. Infrastructure, Storage, and Backend Services (Supabase; Cloudflare R2; Cloudflare Workers).
We use third-party service providers to host, store, process, and deliver portions of the Services, including Supabase (database/authentication/backend services), Cloudflare R2 (file/object storage), and Cloudflare Workers (serverless/edge computing). These providers are independent third parties, and we do not control their systems.
Availability and performance. Service availability, performance, and security may be affected by these providers’ operations, maintenance, outages, or other events. We do not guarantee that any third-party-supported feature will be uninterrupted, timely, secure, or error-free.
Risk allocation. To the fullest extent permitted by law, we disclaim responsibility and liability for the acts or omissions of these third-party providers and for any losses or damages arising from or related to failures, outages, or errors attributable to such providers.
C. Communications, Notifications, and Third-Party Content/APIs (Twilio; Pushy; Foursquare; GIPHY).
Communications and notifications. We may use third-party providers to support communications and notifications, including Twilio for SMS and/or messaging services and Pushy for push notifications. You can control push notification permissions through your device settings, and delivery of notifications is not guaranteed. Message and data rates may apply depending on your carrier and plan.
Third-party content and data. The Services may display content or data provided by third parties, including place/location and venue information obtained via the Foursquare premium places API and GIF/media content obtained via GIPHY. You acknowledge that such third-party content and data may be subject to additional third-party terms, policies, and usage restrictions.
Required attributions and notices. Where displayed, you agree not to remove, obscure, alter, or interfere with any required attributions or proprietary notices for third-party content or data (including “Powered by Foursquare” and “Powered by GIPHY,” where shown).
Third-party responsibility and risk. We do not control and are not responsible for third-party content, data, or services, and your use of them is at your own risk. To the fullest extent permitted by law, we disclaim all responsibility and liability for the acts or omissions of any third-party provider and for any losses or damages arising from or related to third-party services or content, including delivery failures, service outages, unauthorized access originating outside our systems, or content provided by third parties or users.
32. VENUE RECOMMENDATIONS AND LIABILITY
The berri app may provide users with recommendations, suggestions, or references to third-party venues, establishments, or events. These recommendations are offered for informational and entertainment purposes only and do not constitute an endorsement, guarantee, or assurance of the safety, quality, legality, or suitability of such venues or the services they provide. By using the berri app, you acknowledge and agree that your decision to visit any venue suggested within the berri app is entirely voluntary and at your own risk. The berri app and its developers, owners, and affiliates have no control over the operations, conditions, staff, policies, or activities of these venues and therefore disclaim all responsibility and liability for any injury, harm, loss, damage, or other negative consequences you may experience in connection with your attendance at or participation in activities at such venues. You expressly release and hold harmless the berri app, its owners, developers, and affiliates from any and all claims or causes of action arising from or related to your decision to visit suggested venues, and you waive any right to pursue legal action against the berri app on the basis of such recommendations. All matters relating to your conduct, safety, and experiences at a venue remain solely between you and the venue itself.
33. CHILD SAFETY COMPLIANCE
In Short:
We are committed to child safety and comply with applicable child safety requirements, including platform policies and applicable laws, for apps distributed through both the Apple App Store and Google Play.
We maintain published standards addressing child sexual abuse and exploitation (CSAE) and child sexual abuse material (CSAM). These standards are intended to prevent, detect, report, and address any content or behavior that sexually exploits, abuses, or endangers minors, consistent with our policies and applicable law.
The Services include an in-app mechanism that allows users to report safety concerns, including suspected CSAE/CSAM or other activity involving the exploitation or endangerment of minors. Reports may also be submitted by email to
dev@berri.social
.
If we obtain actual knowledge of CSAM or CSAE-related conduct on or through the Services, we will take appropriate action consistent with our policies and applicable law, which may include removing content, restricting access, suspending or terminating accounts, preserving relevant data as permitted or required by law, and cooperating with lawful requests from authorities.
We comply with applicable child safety and reporting laws in jurisdictions where we operate, and we also strive to comply with relevant platform child safety requirements for apps distributed through the Apple App Store and Google Play. For inquiries regarding our child safety practices, compliance procedures, or CSAE/CSAM prevention standards, please contact our designated Child Safety Point of Contact at:
dev@berri.social
.
34. CONTACT US
If you have questions or comments about these Legal Terms, you may contact us at
contact@berri.social
.
