1. Acceptance of Terms
Welcome to Berry. These Terms of Service ("Terms") constitute a legally binding agreement between you and Berry Inc. ("Berry," "we," "us," or "our") governing your access to and use of the Berry mobile application, website, and all related services (collectively, the "Service").
By accessing or using the Service — including by creating an account, swiping through profiles, or sending a message — you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Service.
Please read these Terms carefully. They include important information about your legal rights, including a binding arbitration clause and class action waiver in Section 11 that affects how disputes with Berry are resolved.
We may update these Terms from time to time. Continued use of the Service after any changes constitutes acceptance of the revised Terms. We will provide notice of material changes as described in Section 13.
2. Eligibility
To use Berry, you must meet all of the following eligibility requirements at all times:
Age Requirement
You must be at least 18 years of age to create an account or use the Service. Berry is not intended for, and may not be used by, anyone under the age of 18. By creating an account, you represent and warrant that you are 18 years of age or older. We reserve the right to require proof of age at any time and to terminate accounts where there is reasonable suspicion that the user is under 18.
Real Identity
You must register using your real identity. You may not create an account using a false name, impersonate any other person or entity, or misrepresent your identity in any way. Each person may only maintain one active Berry account. Creating multiple accounts to circumvent a ban or for any other reason is strictly prohibited.
Legal Capacity
You must have the legal capacity to enter into a binding contract in your jurisdiction. If you are using Berry on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.
Not Previously Banned
You may not use the Service if you have previously been suspended or removed from Berry for violation of these Terms, or if you are prohibited from doing so under applicable law.
Legal Standing
You represent that you are not a convicted sex offender required to register under any state, federal, or local sex offender registration program. We may run background checks and screen users against sex offender registries to enforce this requirement.
3. Account Registration and Security
Creating Your Account
To access Berry's full features, you must register for an account. You may register using your email address and password, or through supported OAuth providers (Google, Microsoft). You agree to provide accurate, current, and complete information during the registration process and to keep this information up to date.
Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:
- Use a strong, unique password for your Berry account
- Enable two-factor authentication if available and practicable
- Notify Berry immediately at contactus@neoncell.ca if you become aware of any unauthorized access to your account
- Not share your account credentials with any other person
- Log out of your account at the end of each session when using shared devices
Berry is not liable for any loss or damage arising from your failure to comply with these security obligations. You may not transfer your account to another person without Berry's prior written consent.
Account Termination
You may delete your account at any time through the account settings in the app. Berry reserves the right to suspend or terminate your account at any time, with or without notice, for violations of these Terms or for any other reason in Berry's sole discretion. Upon termination, your right to use the Service immediately ceases.
4. User Conduct
Berry is a community built on respect, authenticity, and safety. We expect all users to treat each other with dignity and kindness. The following behaviors are strictly prohibited and will result in immediate account suspension or permanent ban.
Zero tolerance: Berry has an absolute zero-tolerance policy for harassment, hate speech, racism, sexism, homophobia, transphobia, and any form of discrimination. Violations will result in an immediate permanent ban and may be reported to law enforcement.
Prohibited Behaviors
Respectful Communication
We encourage users to communicate openly and honestly. When someone is not interested in connecting, please respect their boundaries. Sending repeated messages to someone who has not responded or has unmatched with you is considered harassment and is prohibited.
Consequences
Violations of these conduct standards may result in a temporary suspension, permanent ban, or legal action depending on the severity. Users who are permanently banned may not create new accounts. Certain violations may be reported to law enforcement, including but not limited to threats of violence, distribution of illegal content, and fraud.
5. Content Guidelines
All content you upload to Berry — including photos, bio text, and messages — must comply with these guidelines.
Profile Photos
- All photos must be recent, authentic images of yourself
- Your primary profile photo must clearly show your face
- Nudity, sexual content, or pornographic material is strictly prohibited in profile photos
- Photos must not contain minors in any context
- Watermarks, logos, or commercial material may not appear in profile photos
- Photos must not depict illegal activity or glorify violence
Profile Bio and Information
- Your bio must honestly represent who you are
- You may not include contact information (phone numbers, email addresses, social media handles, Snapchat, etc.) in your profile bio — Berry's messaging system is the appropriate channel for communication
- Links to external websites are not permitted in bios
- Hateful, discriminatory, or offensive language in any form is not permitted
- You may not use your bio to solicit money, promote services, or conduct commercial activity
Messages
- Unsolicited explicit or sexual content is prohibited
- Hate speech, threats, and harassment in messages will result in immediate account action
- Sharing another user's personal information or photos outside of Berry without their consent ("doxxing") is strictly prohibited
- Attempting to move a conversation to external platforms to solicit money or personal information is prohibited
Content Moderation
Berry uses a combination of automated detection systems and human review to moderate content. We reserve the right to remove any content that violates these guidelines, at our sole discretion, without prior notice. Repeated violations will result in account termination.
6. Intellectual Property
Berry's Intellectual Property
The Service and its original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of Berry Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Berry.
Your Content
You retain ownership of all content you submit, post, or display on or through the Service ("User Content"). By posting User Content, you grant Berry a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, display, and distribute your User Content for the limited purpose of operating, promoting, and improving the Service.
This license does not grant Berry the right to sell your User Content to third parties or use it in advertising without your separate, explicit consent.
Representations
By posting User Content, you represent and warrant that: (a) you own the content or have the right to post it; (b) the content does not infringe any third-party intellectual property rights, privacy rights, or other rights; and (c) the content complies with these Terms and all applicable laws.
DMCA
If you believe that your copyrighted work has been copied and is accessible on the Service in a way that constitutes copyright infringement, please submit a DMCA notice to contactus@neoncell.ca. We will promptly review and process valid DMCA notices in accordance with applicable law.
8. Cancellation and Refunds
Cancellation
You may cancel your Berry Premium subscription at any time through your account settings in the app or through your device's app store subscription management settings (Apple App Store or Google Play). Cancellation takes effect at the end of your current billing period — you will retain access to Premium features until the end of the period you have already paid for.
Refund Policy
Berry Premium subscriptions are generally non-refundable. However, we may grant refunds at our discretion in the following circumstances:
- You experienced a significant technical issue caused by Berry that prevented you from using the Service
- You were charged incorrectly or for a duplicate subscription
- You are eligible for a refund under applicable consumer protection laws in your jurisdiction
To request a refund, contact contactus@neoncell.ca within 14 days of the charge. For purchases made through the Apple App Store or Google Play, refund requests must be submitted through those platforms' respective refund processes, as Berry does not control purchases made through third-party app stores.
Account Termination and Refunds
If Berry terminates your account for violation of these Terms, you are not entitled to any refund of unused subscription time or purchased Virtual Goods.
Price Changes
Berry reserves the right to change subscription pricing at any time. We will provide at least 30 days' notice of any price increases to existing subscribers before the change takes effect. Your continued use of the Service following the price change constitutes acceptance of the new pricing.
9. Disclaimers and Limitation of Liability
Service Provided "As Is"
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
No Guarantee of Matches
Berry does not guarantee that you will find a romantic partner, that your use of the Service will result in any particular outcome, or that any user profile is accurate or that any user is who they say they are. While we take measures to verify users and detect fake accounts, we cannot guarantee the authenticity of every profile.
Safety reminder: Always exercise caution when meeting someone from the internet in person. Meet in public places, tell a friend where you are going, and trust your instincts. See our Safety section for more guidance.
Third-Party Content
Berry is not responsible for the conduct of any user, whether online or offline. We do not investigate, verify, or endorse any user-generated content, and we expressly disclaim all liability in connection with user conduct and content.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BERRY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; OR (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL BERRY'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU PAID TO BERRY, IF ANY, IN THE 12 MONTHS PRIOR TO THE CLAIM ARISING.
Indemnification
You agree to defend, indemnify, and hold harmless Berry and its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service.
10. Safety and Reporting
Our Commitment to Safety
The safety of our users is Berry's highest priority. We invest significantly in trust and safety technology and human review teams to maintain a safe environment. Our safety measures include photo verification, AI-powered profile screening, real-time message monitoring for prohibited content, and a rapid-response reporting system.
Reporting Violations
If you encounter a user who you believe is violating these Terms, you can report them directly within the app by tapping the report button on their profile or on a message. All reports are reviewed by our Trust & Safety team. We take every report seriously and will take appropriate action, which may include suspending or banning the reported user.
You may also contact our Safety team directly at contactus@neoncell.ca. For urgent safety concerns, including immediate threats of violence or ongoing harassment, please contact local law enforcement in addition to reporting to us.
Emergency Situations
If you or someone else is in immediate danger, please call 911 (or your local emergency number) immediately. Berry is not a crisis service and cannot guarantee a timely response in emergency situations.
Blocking
You can block any user at any time. When you block a user, they will not be able to see your profile, send you messages, or appear in your match queue. Blocking a user is a private action — the blocked user is not notified that they have been blocked.
Cooperation with Law Enforcement
Berry cooperates with law enforcement authorities in accordance with applicable law. We may disclose user information in response to valid legal process, including court orders, subpoenas, and search warrants. We may also voluntarily report certain content (such as child sexual abuse material) to the appropriate authorities as required or permitted by law.
11. Dispute Resolution and Arbitration
Informal Resolution First
Before initiating any formal dispute resolution process, you agree to first contact Berry at contactus@neoncell.ca and provide a written description of the dispute, the relief sought, and your contact information. We will attempt to resolve the dispute informally within 60 days of receiving your notice.
Binding Arbitration
If we cannot resolve a dispute informally, you and Berry agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. The arbitration will be conducted in San Francisco, California, or by telephone or video conference.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator can award the same damages and relief as a court. You understand that you are waiving your right to a trial by jury.
Class Action Waiver
YOU AND BERRY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Berry agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
Exceptions
Notwithstanding the above, either party may bring an individual action in small claims court. Nothing in this Section shall prevent Berry from seeking injunctive or other equitable relief in any court of competent jurisdiction to prevent or stop infringement of intellectual property rights or other irreparable harm.
Opt-Out
You have the right to opt out of this arbitration agreement within 30 days of first accepting these Terms by sending written notice to contactus@neoncell.ca with the subject line "Arbitration Opt-Out." If you opt out, you and Berry will resolve disputes in courts located in San Francisco, California.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. For users in the European Union, nothing in these Terms affects your rights as a consumer under the laws of your country of residence.
Subject to the arbitration agreement in Section 11, any legal action or proceeding relating to these Terms or the Service shall be brought exclusively in the federal or state courts located in San Francisco County, California. You consent to the personal jurisdiction of such courts.
If any provision of these Terms is held to be unenforceable or invalid, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.
13. Changes to Terms
Berry reserves the right to modify or replace these Terms at any time. The most current version of the Terms will always be posted on this page with the "Last updated" date at the top.
When we make material changes to these Terms, we will notify you by:
- Sending an email to the address associated with your account
- Displaying a prominent notice within the Berry app
- Updating the "Last updated" date on this page
Your continued use of the Service after any such changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service and delete your account. We encourage you to review these Terms periodically.
For changes that materially affect your rights or obligations, we will seek your renewed consent where required by applicable law.
14. Contact Us
If you have questions about these Terms or the Service, please reach out:
- General inquiries: contactus@neoncell.ca
- Legal matters: contactus@neoncell.ca
- Safety reports: contactus@neoncell.ca
- Privacy requests: contactus@neoncell.ca
- Mail: Berry Inc., Attn: Legal Team, 123 Market Street, Suite 400, San Francisco, CA 94105
Our team typically responds to inquiries within 2–5 business days. For urgent safety matters, our Safety team operates 7 days a week.