Terms of Service
Effective Date: March 1, 2026
Medical Disclaimer
Berry Best is an Artificial Intelligence tool for information purposes only. We are not a medical provider. The application does not provide medical diagnosis, treatment, or advice. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this App.
You acknowledge and agree that any decision or action you take based on AI-generated content is at your own risk.
Under no circumstances shall Berry Best, its developers, officers, or affiliates be liable for any death, bodily injury, illness, or adverse health outcome — whether direct, indirect, or consequential — arising from or related to the use of, or reliance on, any AI-generated content, nutritional information, fitness guidance, or health-related recommendations provided by this Service.
Berry Best is not intended for emergency use and must not be relied upon for urgent or life-threatening situations. If you believe you may be experiencing a medical emergency, contact local emergency services immediately.
1. Agreement to Terms
By creating an account or accessing Berry Best ("Service"), you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the Service.
2. Your Account
You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
3. Age Restriction
The Service is intended for users who are at least 13 years of age. By using the Service, you represent and warrant that you are at least 13 years old. If you are under 18, you must have the consent and supervision of a parent or legal guardian to use the Service. We reserve the right to terminate accounts of users who are found to be under the minimum age requirement.
4. Subscriptions & Payments
Some parts of the Service are billed on a subscription basis ("Premium"). You will be billed in advance on a recurring and periodic basis (e.g., monthly).
- Cancellation: You may cancel your subscription at any time via your account settings. You will continue to have access to the Premium service through the end of your billing period.
- Refunds: Except when required by law, paid subscription fees are non-refundable.
- Changes: We reserve the right to modify subscription fees. Any price change will become effective at the end of the then-current billing cycle.
5. Acceptable Use & AI Policy
You agree not to use the Service in any manner that is unlawful, harmful, or in violation of these Terms. The following activities are strictly prohibited:
- Sending spam, unsolicited messages, or bulk communications through the Service.
- Attempting prompt injection, jailbreaking, or any technique designed to manipulate, override, or bypass AI safety mechanisms.
- Generating, uploading, or distributing harmful, abusive, threatening, or illegal content.
- Circumventing rate limits, usage quotas, or other technical restrictions imposed by the Service.
- Using bots, scrapers, crawlers, or other automated tools to access or interact with the Service without prior written consent.
- Sharing your account credentials with third parties or allowing others to access your account.
Enforcement: We reserve the right to suspend or permanently ban any account that violates these terms, at our sole discretion and without prior notice. No refund will be issued for accounts terminated due to abuse or violation of this policy.
6. Intellectual Property
Our Content: The Service and its original content (excluding Content provided by you), features, and functionality are and will remain the exclusive property of Berry Best and its licensors.
Your Content: You retain all rights to any photos or data you submit. By uploading, you grant us a license to use, modify, perform, display, reproduce, and distribute such Content solely for the purpose of operating the Service for you.
7. Warranty Disclaimer
The Service is provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Berry Best does not warrant the accuracy, completeness, or reliability of any AI-generated content, including but not limited to nutritional information, calorie estimates, health data, fitness guidance, or any other health-related recommendations. You acknowledge that such content may contain errors and should not be relied upon as a substitute for professional advice.
8. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Berry Best be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, death, bodily injury, illness, or other intangible losses, arising out of or relating to the use of, reliance on AI-generated content from, or inability to use this Service, even if Berry Best has been advised of the possibility of such damages.
Aggregate Liability Cap: In no event shall Berry Best's total aggregate liability to you for all claims arising out of or relating to the use of the Service exceed the lesser of (a) the total amount you have paid to Berry Best in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) fifty United States dollars (US $50).
9. Indemnification
You agree to defend, indemnify, and hold harmless Berry Best, its developers, officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Service; (b) your violation of any term of these Terms; or (c) your violation of any third-party right, including without limitation any intellectual property, privacy, or proprietary right.
10. Termination
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
Upon termination, your right to use the Service will cease immediately. If you wish to request a copy of your data before deletion, you may contact us at support@berrybest.app prior to or promptly following termination.
All provisions of the Terms which by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnification, and limitations of liability.
11. Governing Law
These Terms shall be governed and construed in accordance with the laws of Malaysia, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
12. Changes to Terms
We reserve the right to modify these terms at any time. We will try to provide at least 30 days notice prior to any new terms taking effect. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.