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Terms of Service

Last updated September 4, 2026

These Terms of Service ("Terms") are a binding agreement between you and BerryBell ("we", "us") governing your access to and use of the BerryBell website, the BerryBell app builder, and related services (together, the "Services"). By creating an account, or by accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services. If you use the Services on behalf of an organisation, you accept these Terms for that organisation and confirm you have authority to do so.

1. Agreement to these terms

We may update these Terms from time to time. When we make material changes we will update the date above and take reasonable steps to notify you (for example, by email or an in-product notice). Changes take effect when posted unless stated otherwise; your continued use of the Services after changes take effect means you accept the updated Terms.

2. Definitions

  • Services — the BerryBell website, app builder, hosting, APIs, and related tools.
  • Account — your BerryBell user or organisation (workspace) account.
  • Credits — the prepaid AI credits (for building) and hosting credits (a budget for running your apps) allotted or purchased under your plan.
  • Your Content — the prompts, code, data, assets and applications you create, upload, or generate through the Services.
  • AI Output — code, designs, text and other material generated for you by the Services in response to your inputs.
  • AI Providers — third-party model providers whose models power the Services (for example, Anthropic and OpenAI).
  • Infrastructure Providers — third-party services used to run the Services and the apps you build (for example, Neon, Cloudflare, Amazon Web Services and Stripe).
  • BerryBell Materials — the Services and everything we own within them, excluding Your Content and AI Output generated for you.
  • Usage Data — technical and operational data about how the Services are used.

3. Eligibility and your account

You must be at least 18 years old (or the age of majority where you live) and able to form a binding contract to use the Services. You are responsible for the accuracy of your account information, for keeping your credentials secure, and for all activity under your account. Notify us promptly of any unauthorised use. For organisation (workspace) accounts, the administrator manages membership and roles, and may control or remove member access.

4. Licence to use the services

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services for your personal or internal business purposes, including building, testing, deploying and operating applications. This licence does not transfer any ownership of BerryBell Materials to you.

5. Acceptable use and restrictions

You agree not to, and not to permit anyone else to:

  • copy, resell, sublicense, reverse-engineer, or attempt to extract the source of the Services (except for Your Content and AI Output, which are yours);
  • use the Services to build, host or distribute anything unlawful, infringing, harmful, deceptive, or that violates others' rights;
  • generate malware, spam, or content that exploits or endangers others;
  • misrepresent AI Output as human-created where doing so is deceptive or unlawful;
  • use the Services or AI Output to train, improve, or benchmark a competing AI model or app-building product;
  • probe, scan, overload, or interfere with the Services or their security, or circumvent usage limits or metering;
  • use the Services for high-risk purposes (for example, medical, legal, financial, or safety-critical decisions) without appropriate human review and safeguards; or
  • violate the terms of any AI Provider or Infrastructure Provider (see section 13).

6. Subdomains and custom domains

We may provide a free subdomain (for example, on a berrybell.app domain) for apps you deploy. We own those domains and may reclaim, reassign, or change subdomains and usernames where reasonably necessary (for example, for abuse, legal, security, or trademark reasons), with reasonable notice where practicable. You have no ownership of a particular subdomain or username. If you connect your own custom domain, you are responsible for your rights to it and for maintaining it.

7. Plans, credits, fees and payment

The Services are offered on free and paid plans. Paid plans grant a recurring monthly or annual allotment of Credits and may auto-renew until cancelled. New accounts may receive a one-time welcome grant of Credits. Allotted Credits reset each billing cycle and do not roll over; purchased top-up Credits carry over until used.

  • Metering. Credit usage is metered by us and, absent manifest error, our records are binding.
  • Non-refundable. Credits and fees are non-refundable except where required by law, including where AI Output does not meet your expectations.
  • Payment. Payments are processed by a third-party processor (for example, Stripe). You authorise recurring charges for your plan and any top-ups.
  • GST and taxes. Unless stated otherwise, fees are exclusive of GST and other applicable taxes. Where GST applies to a supply made under these Terms, you must pay the GST-inclusive amount and we will issue a valid tax invoice. You are responsible for any other applicable taxes, duties or withholdings, other than taxes on our income.
  • Changes. We may change plans, Credit amounts and pricing prospectively, with notice for material changes; changes do not affect the current paid cycle.

8. Term, suspension and termination

These Terms apply while you use the Services. You may stop using the Services and close your account at any time. We may suspend or terminate your access — with notice where practicable, or immediately for material breach, suspected fraud or abuse, legal requirements, or risk to the Services or others. On termination for material breach, remaining Credits may be forfeited. Sections that by their nature should survive (see section 19) continue after termination. Where feasible, we will make your exportable content available for a reasonable period after account closure.

9. Service dependencies and availability

The Services depend on AI Providers and Infrastructure Providers we do not control. We aim for high availability but do not guarantee the Services (or apps you deploy) will be uninterrupted, timely, secure, or error-free. Enterprise plans may include a separate service-level commitment.

10. Beta and experimental features

We may offer beta or experimental features. They are provided "as is", may change or be withdrawn at any time, are excluded from any warranties or service levels, and are used at your own risk.

11. AI output

AI Output is generated automatically and may be inaccurate, incomplete, insecure, or unsuitable for your purpose, and similar output may be generated for others. You are responsible for reviewing, testing, and validating AI Output — including generated code, data models, and security — before relying on it or shipping it to your users. Credits consumed to generate AI Output are non-refundable regardless of the result.

12. Your content and data

You retain all rights in Your Content. You grant us a limited licence to host, process, transmit, display and back up Your Content as needed to provide, secure and improve the Services and to comply with law. We do not claim ownership of Your Content, and we do not sell it. We do not use your private project content to train third-party foundation models. You are responsible for having the rights to Your Content and for not uploading sensitive or specially regulated data (for example, protected health information, payment card data, or biometric data) unless we have expressly agreed in writing that the Services may be used for it. See our Privacy Policy for how we handle personal data.

13. Third-party AI and infrastructure providers

To provide the Services, your inputs and Your Content may be transmitted to and processed by AI Providers (for example, Anthropic and OpenAI) and Infrastructure Providers (for example, Neon, Cloudflare, Amazon Web Services and Stripe), which may process or store data in various countries. Your use of features that rely on a third party is also subject to that third party's terms, and we are not responsible for third-party acts, omissions, or outages. We select reputable providers but do not control them.

14. Ownership and your code

As between you and us, you own the AI Output generated for you and the applications you build, and you may edit and export your source code (including to GitHub) subject to your plan. Your ownership is subject to any third-party rights in underlying models, libraries, or training data, and to open-source licences applicable to components used. We own all rights in the BerryBell Materials and in Usage Data. No rights are granted to you except as expressly set out in these Terms.

15. Disclaimers of warranties

Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you may have under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law ("ACL"), or any other law that cannot lawfully be excluded. If you are a "consumer" under the ACL, our goods and services come with guarantees that cannot be excluded — including that services will be supplied with due care and skill and be fit for the purpose disclosed. For major failures you are entitled to cancel and to a refund of the unused portion, or to compensation for reasonably foreseeable loss; for failures that are not major, you are entitled to have the problem rectified in a reasonable time and, if not, to cancel and obtain a refund.

Subject to the paragraph above and to the maximum extent permitted by law, the Services and all AI Output are provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services or AI Output will be uninterrupted, secure, accurate, or error-free.

16. Indemnification

You will defend, indemnify and hold harmless BerryBell and its affiliates, officers and employees from and against claims, damages, liabilities, costs and expenses (including reasonable legal fees) arising from your use of the Services, Your Content, your applications, your violation of these Terms or applicable law, or your violation of any third-party provider's terms or rights.

17. Limitation of liability

This section applies subject to section 15 (Australian Consumer Law) and to any other liability that cannot lawfully be excluded.

Where we are liable for a failure to comply with a consumer guarantee under the ACL that can be limited, our liability is limited (at our option) to resupplying the affected services, or paying the cost of having them resupplied.

Otherwise, to the maximum extent permitted by law: (a) neither party is liable for indirect, incidental, special, consequential or punitive loss, or for lost profits, revenue, data or goodwill; and (b) our total aggregate liability arising out of or relating to the Services or these Terms will not exceed the greater of the amounts you paid us for the Services in the twelve (12) months before the event giving rise to the claim, or AUD 100. We are not liable for failures of, or damage caused by, AI Providers, Infrastructure Providers, AI Output, or loss of data outside our reasonable control. Each party must take reasonable steps to mitigate its loss.

18. Governing law and disputes

These Terms are governed by the laws of Victoria, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Melbourne, Victoria and the courts competent to hear appeals from them.

Before commencing proceedings, each party agrees to first raise the dispute in writing and negotiate in good faith for at least 30 days to resolve it. This does not prevent either party from seeking urgent injunctive relief. Nothing in this section limits your right to bring a complaint to a regulator or to pursue remedies available under the ACL.

19. Survival

Provisions that by their nature should survive termination will survive, including sections on ownership, your content and data, disclaimers, limitation of liability, indemnification, governing law, and these miscellaneous terms.

We respect intellectual property rights. If you believe content on the Services infringes your copyright, send a notice to legal@berrybell.ai identifying the work, the material complained of and your contact details, under the Copyright Act 1968 (Cth) or, for United States rights holders, the DMCA. To report illegal or abusive content, contact abuse@berrybell.ai. We may remove content and terminate repeat infringers.

21. Miscellaneous

  • Feedback. If you send us feedback or suggestions, you grant us an unrestricted, royalty-free right to use it without obligation to you.
  • Publicity. For business customers, we may reference your name and logo as a customer in marketing, unless you ask us not to at hello@berrybell.ai.
  • Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
  • Export & sanctions. You will comply with applicable export-control and sanctions laws and will not use the Services where prohibited.
  • Entire agreement & severability. These Terms (with the Privacy Policy and any order form) are the entire agreement between us. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver.

22. Contact

Questions about these Terms? Email legal@berrybell.ai.