Terms of use

Term & Meaning	Term	Meaning
Account	Client Account and/or Employee Account.
Admin	A User who is the administrator of the Client Account, who has access to all the Client-related functionalities provided within the Berry App and authorizes linking of Employees to the Client Account. Admin can view and edit everything.
Berry App or Software	An HR software, the web app and all mobile apps, its updates, upgrades, enhancements, modifications, extensions, new features, and possible replacements provided by App Crafters, now existing or later developed, and other programs and tools, developed in conjunction therewith, including cloud-based service and software installed on a User’s mobile devise, including the related extensions, desktop apps, as well as other computer programs App Crafters makes available in conjunction therewith, whereby App Crafters is making available the Software, Client Account, Employee Account and Content on-demand.
Contract	The contract which includes these Terms of Use and Privacy Policy, concluded between App Crafters and Client.
Client	A company (legal entity) represented by the Admin, and other Users registered on its behalf, who enters into the Contract with the Berry App, as well as any supplemental license terms that accompany the Software and any terms linked in this document.
Client Account	The account assigned to the Client, whose purpose is to enable the Client to access and use Service.
Client Data	Data in electronic form input or collected through Software or Service by or from any Client, including all personal data (as defined in Privacy Policy), and in particular including (but not limited to) any personal data provided by any Employee.
Clients’ Policies	The Client's internal policies which regulate Employees’ right to absence, including a policy determining the number of days of annual leave that the Client provides to Employees (Vacation Policy). Client Policies can be amended exclusively by an Admin.
Content	All the Berry’s features and technical resources available to the Users, including but not limited to information, data and text generated, provided, or otherwise made accessible on or through Berry App.
Dispute	Any dispute, controversy, claim, action, or dispute between User/Client and App Crafters arising out of or related to: this Contract, the Website, the Service, the breach, enforcement, interpretation, or validity of this Contract.
Employee	An individual that is engaged as an employee, consultant, or contractor of Client, and who is registered on Berry App by Admin with the purpose of HR management, and who has been invited, permitted or caused to have access to Berry App by Admin, either through the Employee Account or otherwise. A natural person who is registering Employee Account on the Software as Client’s representative or Employee as determined by the Admin (as defined in Privacy Policy).
Employee Account	An account created by an Employee upon Admin’s invitation to link with the Client Account.
Free Plan	Subscription plan provided by App Crafters without any charge to the Client.
Intellectual Property Rights	Any and all registered and unregistered rights granted, applied for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection, or another intellectual property right, and all similar or equivalent rights or forms of protection, in any part of the world.
Manager	An Employee who has access via their Employee Account to the information on other Employee Accounts and manages the content on the Employee Account but cannot manage the Clients Policies.
Party or Parties	App Crafters and/or You.
Privacy Policy	The policy explains how we collect, share, and use your personal data, as well as how you can exercise the rights you have as a data subject. Visit our Privacy Policy by clicking here.
Service	Making the Software available to Users, and Clients, in full or in part, including any updates, upgrades, enhancements, modifications, new features, programs, and tools.
Subscription Term	Period for which the Paid Plan is made available to a Client, provided that Client adheres to the obligations arising from the Contract. The subscription can be monthly.
Terms of Use or TOU	These rules governing the use of the Service and the Software.
User	Any content provided by the User/Client within the Software, Employee Account/Client Account, including any entered, uploaded, recorded, stored, used, controlled, modified, disclosed, transmitted, or erased information or documents.
Client Content	Any content provided by the User/Client within the Software, Employee Account/Client Account, including any entered, uploaded, recorded, stored, used, controlled, modified, disclosed, transmitted, or erased information or documents.
You or you or yours	Any person or entity, other than App Crafters, that uses, accesses, saves, installs, possesses, controls, or receives the Service or the Software or any part thereof. The term You encompasses different categories of users.
Website	Website located at web.tryberry.app, as well as the related mobile apps and all browser extensions collectively or each of them individually.

Service is solely intended for legal entities who have full legal capacity.

Our Service is primarily aimed at business and companies, and Employees may use core functionalities of the Software only when they are invited by the Client.

In case you enter into Contract on behalf of a Client, you warrant that:

1. You have the full legal authority to bind the Client to TOU;


2. You have read and understood the TOU;


3. You represent that you have the Client's permission and authority to use the Client Content;


4. You agree to TOU on behalf of the Client that you represent.

Please note that, if you subscribe to Service with an email address of a company you are a part of (for example, containing corporate email domain), you will be deemed to represent such company and the word “Client” or “you” in these TOU shall refer to that legal entity. In such a case, Client and the individual who subscribed on behalf of the Client are jointly responsible for the use of Service and Berry App.

An Admin must ensure that any User, who is a natural person, whom he causes to become a User (for example, by inviting the Employee to access the Service) has full active legal capacity.

User shall be bound by this Contract in any of the following situations, whichever occurs first:

• Upon creating a Client Account, i.e., accessing Berry App as a Client. Creating a Client Account, i.e., accessing Berry App as a Client entails an obligation to verify Client’s email address.


• In case User agrees to or is deemed to have agreed to Contract. Any use, access or attempt to use or attempt to access Software or Service shall be considered deemed to agree.


• In case Client makes the payment for the Service in accordance with Contract.


• If a User downloads or attempts to download Software as mobile app.

App Crafters will make Service available to You pursuant to this Contract and (where applicable) in accordance with Paid Plan. We will use commercially reasonable efforts to make Service available 24 hours a day, 7 days a week, except:

• during planned downtime (of which we will give advance notice); or


• for any unavailability caused by circumstances beyond our reasonable control, including, for example, a force majeure event; or


• as necessary to update the Service to ensure its security and integrity and provide the Service only in accordance with applicable law.

Downtime excludes performance issues with individual features, external network or equipment problems outside of our reasonable control, or issues that are related to external apps or third parties.

You acknowledge that App Crafters may modify the features and functionality of the Service during the term of the Contract. App Crafters shall provide You with commercially reasonable advance notice of any deprecation of any material feature or functionality.

If You are dissatisfied with the terms of this Contract or any modifications to this Contract or the Service, You agree that your sole and exclusive remedy is to terminate your subscription and discontinue use of the Service.

User shall be solely responsible for providing, maintaining, and ensuring compatibility with the Software, all hardware, software, electrical and other physical requirements for User's use of the Software, including, without limitation, telecommunications and internet access connections and links, web browsers or other equipment, programs and services required to access and use the Software.

Client Account

In order to use Service, a representative of the Client needs to create an account via mobile Berry App. Upon creating a Client Account, We will send you a verification email.

App Crafters reserves the right to conduct all the necessary background checks in order to confirm whether your company is registered in accordance with applicable laws and currently valid (e.g., the company is not involved in bankruptcy procedure), as well as whether you as a User have the capacity to represent the Client.

When we verify your email address and activate your Client Account. An Admin is entitled to invite Employees to join your Client Account on the Software and create Employee Account.

Employee Account

Each Employee can create an Employee Account and change their profile picture. The Admin and Manager are entitled to manage information on the Employee Account. An Employee can file a request for absence via their Employee Account and such a request can be approved or declined by the Admin or Manager. An Employee can access the limited set of information on other Employee Accounts linked with the same Client Account but cannot manage them.

To provide you with the best possible user experience, we may change and update the Berry App occasionally. Such changes primarily involve adjusting the Content and functionalities of Software, but also interrupting the operation of the Services or removing certain parts of Berry App. In addition, App Crafters reserves the right to amend, limit, or delete any part of the Software, as it finds appropriate.

Please note that in such situations, Berry App may be temporarily unavailable. We will make the maximum effort to shorten the time during which the Software is unavailable and enable the functioning of the Platform again as soon as possible.

Besides, App Crafters may revise and update these Terms of Use or any part of the Contract at any time. We caution you to review TOU posted on Berry App periodically.

Any changes shall enter into force upon being published in the Software (including information delivered via email) and/or after at least 10 days upon the receipt of the notification from us. Your continued access or use of Berry App after any such change will constitute the acceptance of these changes. Thus, if you do not agree with the amended terms of the Contract, we kindly ask you to stop using the Software immediately.

If you use mobile Berry App, App Crafters will send you the notification on the amendments of TOU. If you do not agree to the new TOU, you must notify App Crafters within 10 days of receipt of such notification or delete your Account. If you fail to send such notification to App Crafters or delete your Account, your continued use will be deemed as acceptance to the new TOU.

Maintenance. During the term of the Contract, App Crafters shall promptly exercise commercially reasonable efforts to correct any failure of the mobile Berry App (inherent to the Software itself and not caused by the User) to perform according to the Contract within a reasonable time. A User is not entitled to engage a third party to provide maintenance services on the Software.

Updates. A User will sometimes need software updates to keep using mobile Berry App. App Crafters may automatically check the User’s version of the mobile Berry App and deploy software updates or configuration changes. The Client or User may also be required to update the mobile Berry App to continue using the Service. Such updates are subject to this Contract, unless other terms accompany the updates, in which case, those other terms apply. Providing updates is at App Crafters’ sole discretion.

By accepting these TOU, you agree to be bound by this Contract – made in an electronic form. Additionally, visiting the Software or sending emails to App Crafters shall constitute electronic communications. Under these TOU User gives consent to receive electronic communications and agrees that all agreements, notices, disclosures, and other communications that are provided by App Crafters electronically (via email or mobile), satisfy any legal requirement that such communications be in writing.

Unless otherwise indicated in the Contract, the Service, Berry App and its entire Content (including but not limited to the original source code, Website and mobile app copy, images, graphic elements, design, databases, logo or other signs, domain, trade name and business name, trademarks or service marks, any customized work and other related materials) are protected by Intellectual Property Rights of App Crafters.

Users have only the rights specified under this Section 7 of this Contract. Users may not acquire any other Intellectual Property Rights under this Contract. Software is made available on a limited-access basis, and no ownership right may be conveyed to any User, irrespective of the use of terms such as "purchase" or "sale" in Terms of Use or anywhere on the Software.

Any unauthorized use of the Software, Content and/or any part of it, without the permission of App Crafters, shall be deemed an infringement of Intellectual Property Rights. Within the shortest term upon the acknowledgment of any unauthorized use, App Crafters shall take all legal remedies to protect its Intellectual Property Rights.

Except for the rights granted under this Section 7 of this Terms of Use, any copying of Content or downloading Content in part or whole is permitted only by written consent from App Crafters.

App Crafters also reserves all Intellectual Property Rights not expressly granted in this Contract.

If you believe that any material on this Website or Berry App, including any material posted by members, violates your copyright, please notify us at contact@tryberry.app.

Any other use of the Software or the Services, not specifically mentioned in this Contract, by any User, is forbidden. For example, you may not:

• publish, copy, rent, lease, lend, sell, create derivative works or transfer in any way the Software, Website, Services or any portion(s) of the foregoing;


• distribute, transmit, publish or otherwise disseminate the Software, Website, Services or any portion(s) of the foregoing;


• attempt to access or derive the source code or architecture of the Software or work around any technical restrictions or limitations in the Software;


• reverse engineer, decompile, or disassemble the Software, or attempt to do so;


• when using internet-based features, you may not use those features in any way that could interfere with anyone else's use of them, or to try to gain access to or use any service, data, account, or network, in an unauthorized manner;


• attempt to probe, scan or test the vulnerability of the Website, Services and/or Software, or any associated system or network, or to breach any security or authentication feature or measures, and, if you are blocked by App Crafters from accessing the Sofwarw or Services, you will not implement any measures to circumvent such blocking.

For the purpose of clarity, Users may not obtain access to source code under the Contract and should not attempt to do so.

License

License Rights. During the term of the Contract, App Crafters grants User a limited, non-exclusive, non-transferable, non-sublicensable, revocable, temporary, non-sublicensable, non-refundable license to install a copy of the mobile Berry App and use the Berry App solely for Client's internal business use for the agreed number of Employees, provided Client pays all the agreed fees and complies with the restrictions set forth in the Contract. The Client's internal business use shall mean the authorization granted to the Client to use Berry App to link agreed number of its Employee Accounts to the Clients Account for the purpose of managing Employees absence from work and holidays. Such internal business use does not include use by any parent, subsidiary, or affiliate of Client, or any other third party, and Client shall not permit any such use. The License Rights do not include access to the Berry App source code.

Restrictions on Software License Rights. In addition to the restrictions set out in Section 8 of the TOU, and without limiting the generality of the foregoing, Client/User shall not:

• modify, create derivative works from, distribute, publicly display, publicly perform, or sublicense the Berry App;


• rent, lease or land the Berry App;


• use the Berry App for service bureau or time-sharing purposes or in any other way allow third parties to exploit the Software;


• reverse engineer, decompile, disassemble, or otherwise attempt to derive any of the Berry App's source code;


• reproduce or create more copies of the Berry App than agreed with App Crafters;


• use Berry App for more Users than agreed in the Contract with App Crafters;


• attempt to exercise any copyright holder's rights not specifically granted in the Contract.

License Term. License Term starts on the date the User downloads Berry App and is valid until the User deletes and/or uninstalls the mobile Berry App unless App Crafters termites the License at its sole discretion at any time.

If you are a Client using web version of Berry App, in consideration of your acceptance to this Contract, and payment of all applicable fees, App Crafters grants you a limited, non-exclusive, non-transferable (or restrictedly transferable), revocable authorization to access and make use of the Service solely for your internal business purposes, in accordance with the Contract and any other instructions on the Website.

Nothing in this Contract obligates App Crafters to deliver or make available any copies of computer programs or code to the User of Cloud Berry App, whether in object code or source code form. You agree to use the Service only in compliance with all applicable local, state, national, and international laws, rules, and regulations.

The authorization to access enables the Admin to invite the agreed number of Employees to link with the Client Account conditioned with the payment in accordance with the Price Plan.

Any other use of the Software or the Service, not specifically mentioned in this Contract, by any User, is forbidden. For example, the authorization to use does not give you any right to, and You may not:

• publish, copy, rent, lease, lend, sell, create derivative works or transfer in any way the Software, Website, Service or any portion(s) of the foregoing;


• distribute, transmit, publish or otherwise disseminate the Software, Website, Service or any portion(s) of the foregoing;


• attempt to access or derive the source code or architecture of the Software or work around any technical restrictions or limitations in the Software;


• reverse engineer, decompile, or disassemble the Software, or attempt to do so;


• when using Internet-based features, you may not use those features in any way that could interfere with anyone else's use of them, or to try to gain access to or use any service, data, account, or network, in an unauthorized manner;


• attempt to probe, scan or test the vulnerability of the Website, Service and/or Software, or any associated system or network, or to breach any security or authentication feature or measures, and, if you are blocked by App Crafters from accessing the Site, Software or Service (including by blocking your IP address), you will not implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address).

Upon creating Client Account via mobile Berry App you will be able to subscribe in accordance with the applicable Free Plan or Paid Plan.

Anyone who subscribes to any Paid Plan or anyone who permits or causes another person to make an order on their behalf will be liable for the payment arising from such a subscription. The same rules will apply to anyone who permits to be designated as a payer for a Paid Plan.

Paid Plans for Berry App are charged monthly, as chosen upon subscription.

Prices set out in the Paid Plan are subject to change at any time. Any price may change at any time and will become binding on the Client provided that App Crafters has sent 10-days-period-notice.

Such notice may be sent to a Client by email to your most recently provided email address or posted on Berry App or by any other manner chosen by App Crafters in its commercially reasonable discretion. You will be deemed to have received any such notice that is posted on Berry App on the day following the date it was posted.

General. Anyone who subscribed to Service or anyone who has permitted or caused another person to make a subscription on their behalf is deemed to have agreed to and accepted liability for the payments under such Paid Plan.

The payment of the Service shall be made before the commencement of the Subscription Term.

The order and payments are handled by VeriFone, Inc.

App Crafters is not responsible for the processing of the Client’s payment and shall not be liable for any matter in connection therewith.

Therefore, you need to comply with https://www.2checkout.com/legal/terms/.

Please note that in case the chosen Paid Plan includes a recurring payment of a fee, unless the Client notifies us before the payment has been made that Client wishes to cancel/does not want to automatically renew the subscription, such subscription shall automatically continue and it shall be deemed that the Client has authorized us (without notice to the Client, unless required by the applicable law), to collect the then-applicable fees and taxes using any payment instrument of Client’s we have previously collected.

All sums payable to App Crafters hereunder shall be paid in full, without deducting or allowing the deduction of any currency conversion, wire transfer, remittance, applicable tax, or other charges related to the payment. All fees for our Service are exclusive of any VAT or other taxes and public duties, save where App Crafters has explicitly stated to the contrary. Each Client is responsible to bear all public duties related to the purchase of Service. Please note that VAT/GST will be calculated and charged automatically upon payment.

Client hereby authorizes App Crafters to charge to respective Client Account, and Client agrees to pay all such fees in accordance with TOU.

Billing Data. Client is obliged to keep all the billing data complete and accurate at all times (such as a change in billing address, credit card number, or credit card expiration date) and must promptly change its billing data via Berry App or inform App Crafters by sending an email to contact@tryberry.app in case of changes in the payment methods, as well as if the Client becomes aware of a potential security breach, such as the unauthorized disclosure or use of name or password. In case of, for instance, loss or theft of the payment instrument, the Client is also obliged to inform its bank. If the Client fails to provide any of the foregoing information, the Client agrees that VeriFone, Inc. may continue charging for any use of service unless Subscriber has terminated Contract in accordance with the Contract.

In case the Client’s default payment instrument is declined for any reason, we may deny access to Paid Plan immediately.

No Refunds. Fees paid for our Service are non-refundable. In case Contract or Paid Plan is terminated or varied within a certain billing period, the Client shall not be entitled to any refund concerning that billing period. Any payments paid for the future billing periods will not be refunded unless Parties explicitly agree otherwise.

The Client understands that Client shall not be entitled to any refund in case Client stops with the use of Service. In case the Client does not use our Service, we would kindly ask to cancel the subscription to any Paid Plan.

In case Client wishes to upgrade or downgrade the chosen plan before the expiry of the then-current Subscription Term (to the extent applicable), please file the request via Berry App contact us at support@tryberry.app. Please note that termination prior to the expiration of the Subscription Term does not entitle you to any refund of the paid fees.

Upgrading plan

Any Client using Berry App may upgrade the chosen plan at any time. Upgrading to the chosen plan shall mean switching from the Free Plan to the Paid Plan.

Free Plan entitles the Client to invite up to 9 Employees to join Client Account on the Software. If the Client desires to invite 10 or more employees to join Client Account on the Software, the Client must switch to the Paid Plan.

Downgrading plan

Any Client using Berry App may downgrade the chosen plan at any time. Downgrading the chosen plan shall mean switching to the Free Plan from the Paid Plan.

Cancelling Paid Plan and downgrading to the Free Plan can be done via Client Account. The current Paid Plan shall be cancelled/downgraded upon the expiration of the then-current Subscription Term.

If the Client chooses to downgrade Paid Plan to Free Plan, upon the expiration of the then-current Subscription Term, the number of Employees available shall decrease accordingly and Client can continue to use Free Plan.

Users are obliged to comply with the following rules of acceptable use:

• Information provided by Client must be complete, accurate, and up-to-date. This pertains to all the information necessary for registration purposes, as well as to the contact information.


• Client Account may be used solely by Client and Client is obliged to prevent any third parties from using Client Account individually or simultaneously with Client.


• Client is obliged to undertake all necessary measures to maintain the security of Client Account and Employee Account and credentials for logging in to Client Account and Employee Account, which shall be shared solely with the authorized individuals. Client is responsible for any use of Website, Service and Berry App through Client Account, regardless of whether such use is authorized or not. App Crafters shall not be held liable for any loss, damages, or expenses arising from Client’s failure to comply with this obligation. The Client shall be solely liable for any losses, damages, liabilities and outlays incurred by App Crafters or any third party which are the result of unauthorized use of Client Account. In case of discovery of any unauthorized use of Client Account please notify us without delay by sending an email to support@tryberry.app


• Client shall not be engaged in any activity violating the privacy of others, or any misuse of unlawful processing of personal data, nor will publicly display or use Berry App to share any inappropriate content or material. Clients are obliged to refrain from violating any applicable law or regulations in connection with their use of Software, Service, or Website.


• Client shall not conduct web or data scraping on or related to Software, including without limitation collection of data through any software simulating human activities, any bot or web crawler.


• Client is obliged not to automate access to Website or Service, including, without limitation, through the use of APIs, bots, scrapers or other similar devices.


• Client shall not access Service or Software with a purpose to build a competitive product or service, a product using similar ideas, features, functions, or graphics, or to copy any ideas, features, functions, or graphics.

Admin grants for every manager, and employee registered/approved by the Admin within the Client Account, that such a person shall comply with all legal requirements applicable to the use of Service and App, particularly these TOU.

The Client is fully responsible for all the activities and conducts that occur under its Client Account.

Client understands that the Client is solely responsible for any Client Content uploaded, processed, entered, or otherwise transmitted in connection with Client’s use of Service and/or Software. By entering into this Contract, Client warrants represents and covenants that Client is the owner or has obtained a valid and enforceable license to use all Client Content.

Client Content shall not infringe, misappropriate, or violate the rights of any subject (including both natural persons and entities), or any applicable law, rule, or regulation of any government authority of competent jurisdiction.

Without limiting the foregoing, any feature(s) of Service and/or Software that may permit Client to temporarily save or otherwise store Client Content is offered solely for Client’s convenience and App Crafters does not guarantee that Client Content will be retrievable. The Client is solely responsible for saving, storing, and otherwise maintaining Client Content, including by making backup copies on the appropriate independent systems not relying on Service and/or Software.

In case Manager or Employee submits, uploads, or creates content within, Employee understands and accepts that Admin and Manager of Client Account has an exclusive, non-transferable, and irrevocable license to access, copy, modify, and/or remove such content, including but not limited to adding or removing roles of Employee and Manager, as well as organization structure from the team or enabling or disabling access to Employee Account.

App Crafters holds the right to refuse, limit or cancel Service, disable Client Accounts, or remove or edit Client Content at its sole discretion. Therefore, in the event of the investigation of purported violations of the Contract, App Crafters reserves the right to review Client Content to resolve the issue (for instance, to prevent harmful or illegal activity). App Crafters may also access Client Content when providing technical support or when performing other legal obligations under this Contract.

Nevertheless, App Crafters has no obligation to monitor Client Content and shall make no attempt to do so. Also, App Crafters is not obliged to remove any Client Content.

App Crafters shall not be held liable for any loss, damage, expense, or other harmful consequences to any Client resulting from Client Content.

Exposure risk

The Client understands and agrees that providing and using cloud-based services involves risks of unauthorized disclosure or exposure of data and by accessing and using Software, Client accepts such risk. App Crafters offers no representation or warranty that Client Content (particularly including Client Data) will not be exposed or disclosed through omissions, errors, or the unlawful activities of third parties.

Data accuracy

App Crafters has no responsibility for the accuracy of data uploaded to Software by Client, including without limitation Client Data and any other data uploaded by the Client.

Use of Client Data

App Crafters shall not, unless previously explicitly authorized by Client:

• access, process, or otherwise use Client Data other than as necessary to provide Service and use of Software or in accordance with DPA (as defined in Privacy Policy),


• intentionally grant any third-party access to Client Data, including without limitation other Clients, with the exception of the subcontractors subject to a reasonable non-disclosure agreement.

Notwithstanding the foregoing, App Crafters may disclose Client Data as required by applicable law or by proper legal or governmental authority. App Crafters shall give Client prompt notice of any such legal or governmental demand and reasonably cooperate with Client in any effort to seek a protective order or otherwise to contest such required disclosure, at Client’s expense.

As between Parties, Client retains the sole ownership of Client Content.

Compliance with data protection laws

Providing the Service by App Crafters involves the processing of Clients’ personal data (as defined in the Privacy Policy), including the processing of personal data of Admins, Managers and Employees invited or enabled to use Berry App by the Client. Purposes and means of processing are determined by Client and not by App Crafters, resulting in the Client being the data controller. By providing Service, App Crafters acts as a data processor and processes personal data on behalf of and according to instructions provided by Client. In some cases, App Crafters may act as a data controller and in such an event App Crafters shall ensure that it has a valid legal ground for the processing of data and that the personal data are collected solely for the purposes permitted under the applicable data privacy law.

According to all the applicable privacy legislation, the Client is fully responsible to ensure the legal grounds for processing the personal data as defined in Privacy Policy, as well as to properly assess the proportionality of the personal data processing. By entering into the Contract, the Client warrants and grants to App Crafters that Client has secured a valid purpose and legal basis to process personal data via the Service. Client warrants and grants that it has informed the data subjects (as defined in Privacy Policy) on all aspects of the processing via Service or Software prior to the beginning of the processing, and that it has adopted the adequate policies and/or has undertaken necessary steps stipulated by the applicable data protection legislation, if applicable (such as, for instance, conducting DPIA).

Each Client shall indemnify, defend, and hold harmless App Crafters in full and on demand from and against any and all liabilities, claims, demands, damages, losses, or expenses (including legal and other professional adviser’s fees and disbursements), interests and penalties incurred by App Crafters arising out of or in connection with Client’s breach of the obligations stipulated in this paragraph.

Consequences of the unlawful use of Client Content

App Crafters may, at its sole discretion, disable, close, temporarily or permanently limit access to any Client Account without any notice to Client in case App Crafters becomes aware of:

• the illegal Client Content,


• activities that infringe third-party’s Intellectual Property Rights, personal data, or any other right,


• any activities infringing these TOU.

App Crafters shall not be liable for any loss, damage, or undesirable consequences arising from such action.

If Client Account is delinquent, suspended, or terminated for 90 (ninety) days or more, App Crafters may irreversibly suspend Client Account, i.e., the account of Customer in accordance with Section 17 (Termination - headline Client Data download and deletion).

Security breach

External breach. In case of an accidental, unauthorized, or unlawful destruction, loss, alteration, disclosure of, or access to Client Data, conducted by any subject other than Client’s employees, contractors, or agents, upon the discovery of such security breach App Crafters shall:

• initiate remedial actions compliant to applicable law and consistent with industry standards,


• notify the Client of the security breach, its nature, and scope, the remedies App Crafters will undertake, as well as the timeline projected by App Crafters in terms of the security breach remedy.

The client is responsible for fulfilling its obligations under the applicable law.

Internal breach. In the event of a security breach (as defined by applicable law) conducted by Client’s affiliate, employee, contractor, or agent, or which has occurred as a result of Client’s failure to maintain its systems, network, or Client Data in an appropriately secure manner, Client shall be solely responsible for initiating remedial actions. Additionally, the Client shall notify App Crafters immediately of such a security breach and of the following steps which Client will undertake to remedy such breach. App Crafters keeps sole discretion to take any actions, including suspension of Client’s access to Service, in order to prevent any harm to Client, App Crafters, Service, Software, or third parties. The Client waives any right to file a claim against App Crafters for possible losses incurred as a result of App Crafters’ actions undertaken in accordance with this paragraph.

Service is provided on an “as is” and “as available” basis. User understands that they use the Software at their sole risk.

App Crafters hereby disclaims, to the fullest extent permitted under the applicable law, all statutory warranties, including warranties arising from the course of dealing, course of performance, or usage of trade. Warranties of App Crafters related to Software or Service, which are not explicitly stated herein shall be deemed withheld.

You will be solely responsible for any damages that you may suffer resulting from the use of the Service. No written or oral information or advice provided by App Crafters, or its authorized representatives shall be deemed as a warranty or in any way extend the scope of App Crafters’ obligations.

Without prejudice to the generality of the previous provisions, App Crafters does not warrant:

• fitness for a particular purpose, nor that Service will meet your specific requirements;


• accuracy or reliability of the results obtained from the use of the Service;


• correction of any errors in Service which may occur.

App Crafters makes every effort to ensure that the Service will be uninterrupted, timely, secure, error-free, or of satisfactory quality. However, there still is a possibility that the Service will not fulfill these expectations, and App Crafters will not warrant these expectations.

App Crafters and/or its suppliers make no representations about the suitability, reliability, availability, continuity, timeliness, and accuracy of the Software and Service.

Without limiting the foregoing, the Software is not designed or licensed for use in hazardous environments requiring fail-safe controls (for example, aircraft navigation/communication systems, air traffic control, medical device and life support machines, or weapon systems) in which the failure of Berry App may result in death, personal injury or physical and/or environmental damage. Accordingly, the Contract excludes any high-risk activities (including previously enlisted examples), and User and Client agree not to use the Berry App in connection to such high-risk activities.

App Crafters does not represent or warrant that the Service or Software are free of viruses, software bugs, or other harmful components.

General. App Crafters and/or its suppliers, employees, and representatives shall be liable (to the maximum extent permitted by the applicable law) in no event for the following:

1. any losses, damages, expenses, or other harmful consequences occurred as a result of any subject’s use or inability to use Berry App;


2. any installation, implementation, customization, or modification of Software not conducted by App Crafters;


3. any failure to apply available update, service pack, fix, or upgrade that would prevent the harmful event;


4. any unauthorized access to Client Content;


5. any unauthorized use of Client’s credentials for access to Berry App.

To the greatest extent permitted by the applicable law, under no circumstances shall App Crafters and/or its suppliers, employees, and representatives be liable for any indirect, punitive, incidental, special, consequential damages or any damages whatsoever (including, without limitation, damages for the loss of use, data, or profits, or business interruption) arising out of or in any way connected with:

• the use or performance of Berry App,


• the delay or inability to use Berry App and/or Service, including the provision of or failure to provide Service,


• Software, Website, Service, any products, information, or related graphics obtained through Berry App, or otherwise arising out of the use of Berry App, whether based on contract, tort, negligence, strict liability, or otherwise.

In case any of the foregoing limitations occur to be unenforceable or in the event any liability of App Crafters is established, to the maximum extent permitted under the applicable law, Client agrees that the entire aggregate liability of App Crafters and Client’s sole remedy arising out of or related to Contract, Software, or Service shall be limited to monetary damages that in the aggregate may not exceed the sum of any amount paid (if any) by that Client within twelve months preceding the delivery of the notice to App Crafters regarding the dispute for which the remedy is sought. In the event Client did not have any obligations including any payments during such period, as well as in the case this section applies to Users, monetary damages shall not in aggregate exceed the sum of EUR 100 (one hundred Euros).

Client hereby understands and agrees that this limitation of liability represents a reasonable allocation of risk and is the fundamental element of the agreement between App Crafters and Client. Client additionally understands that Software, Service, and Website would not be provided without such limitations.

Taking into account that some of the limitations of liability stated in this section may not be applicable to the Client, due to the fact that certain countries do not allow the limitation of particular damages, Client may have some additional rights. Regardless, in case any part of this section is held to be invalid under the applicable law, the invalidity of such portion shall not affect the validity of the remaining parts of the applicable sections.

Exceptions. Mandatory liability of App Crafters shall not be excluded in the following cases:

• if App Crafters commits a willful breach of any of its obligations arising from the Contract,


• in the event of death or personal injury caused by a defective item provided or produced by App Crafters.

Force Majeure. Neither Party shall be liable for any violation of the obligations arising from this Contract due to a circumstance that could have not been reasonably foreseen and which is beyond the control of Parties, such as, for instance, the force of nature, an act of a legislative or executive authority, war, civil unrest, the act of terror, strike, non-trivial cyber-attack, failure of a third-party hosting, internet failure, or any other circumstance qualifying as a force majeure under the applicable law. This exception shall apply solely to the extent that the respective circumstance prevented or hindered Party’s performance.

For the avoidance of doubt, this section:

• has no intention of derogating or limiting the application of any statutory limitation or exclusion of liability,


• hall not be construed to limit the amount of or excuse Client from any payment obligation arising from Contract.

App Crafters does not provide legal advice in terms of compliance, data privacy, or other relevant applicable laws in the jurisdictions in which Client uses Service.

Any statements made by App Crafters to Client shall not constitute legal advice.

You agree to indemnify and hold App Crafters harmless from any and all demands, losses, liabilities, claims, or expenses (including any attorneys’ fees) made against App Crafters by any third party due to, or arising out of, or in connection, with your use of Software and Service. This also applies to Client in connection with the use of Software and Service by Users linked with the Client Account (including Admin). Your obligation includes, but is not limited to demands, losses, liabilities, claims, or expenses arising out of:

• Use of Service and/or Software in violation of this Contract and/or any applicable law, and/or arising from a breach of this Contract and any applicable law;


• any third-party claim of infringement of copyright or other Intellectual Property Right, or invasion of privacy arising from hosting Client Content on Berry App, and/or making available Client Content to other Users of Berry App, and/or the actual use of Client Content by other users of Software or related Service in accordance with the Contract;


• any activity related to the Employee Account /Client Account (undertaken by you or other person accessing the Employee Account /Client Account, with or without your consent) unless such activity was caused by act or default of App Crafters.

Additionally, you shall defend, indemnify and hold harmless App Crafters, its officers, directors, employees, contractors, agents and representatives from and against all claims made by, and all damages, liabilities, penalties, fines, costs and expenses payable to any third party, arising from the:

• breach of Contract,


• use of Service,


• processing of personal data,


• contributions to Service,


• infringement of any Intellectual Property Right or any proprietary or personal right.

The Contract shall remain in force and continue until:

• Terminated by App Crafters; or


• You cancel your subscription and/or request for your Client Account and all Employee Accounts to be deactivated.

Termination by the Client

The Client may cancel the subscription at any time via the Admin account. If the Client cancels upon the subscription renewal date, the Client will not receive a refund for any amounts that have previously been charged. Cancellation will be effective at the end of the then-current Subscription Term, subject to applicable law, and Client may use Service until the cancellation is effective, unless the access is suspended or terminated in accordance with Contract of the applicable law.

In case the Client uses Paid Plan involving a recurring payment of a fee, App Crafters will stop charging fees for Service from the moment Client notifies us that Client wishes to cancel or that Client does not want to automatically renew the subscription. Until such cancellation, Client understands that App Crafters has the right to automatically continue with the collecting of the then-applicable fees and any taxes using any payment instrument of Client’s we have previously collected, in accordance with Section 10 (Payment) herein. Unless otherwise required by the applicable law, App Crafters may exercise this right without any notice to the Client.

The Client understands that cessation of use of Service does not entitle Client to any refund. Client not using Service shall cancel the subscription to any Paid Plan and terminate the use of Berry App completely.

The Client is aware and accepts that in case of termination of use of Berry App does not necessarily mean that Client Account and all linked Employee Accounts will be automatically deleted. This is also applicable to Client Content provided by that Client. Please see Section Client Data download and deletion.

Termination by App Crafters

Client hereby agrees that App Crafters may immediately terminate Contract in case Client does not pay the fees when due in accordance with Paid Plan.

App Crafters reserves the right to cancel the Client’s subscription and Client’s use of Software and/or Service.

In case Client engages in any conduct or activities that are identified by App Crafters (at its sole discretion) as the violation of Contract or the rights of App Crafters or third parties, or otherwise inappropriate, App Crafters may deny access to all or any part of Service or terminate Client Account with or without prior notice. App Crafters is entitled to deny Client’s access to Service, terminate this Contract, or suspend Client Account without limitations.

App Crafters has the right to, at its sole discretion, at any time and regardless of the reason, terminate Service, this Contract, or suspend or terminate any Client Account. In such a case, App Crafters shall notify Client via email address designated by Client when creating Client Account, or any other email address Client may have provided to App Crafters.

In case you are an Employee, the Client may decide to revoke or terminate your authorization to access the Software.

Survival in case of termination

In case Contract is terminated, the following provisions shall survive:

• any provision stipulating Client’s obligation to pay for Service,


• Section 7 (Intellectual Property),


• Section 14 (Warranties Disclaimer),


• Section 15 (Limitation of Liability),


• Section 16 (Indemnification),


• Section 22 (Governing Law & Competent Court; Dispute Resolution),


• Section 23 (No Class Action),


• as well as any other provision of Contract that must survive for Contract to fulfil its essential purpose.

Client Data download and deletion

In case Contract is terminated, Client may request from App Crafters via email support@tryberry.app all information (including entire Client Content) provided, inputted, or uploaded to Berry App databases.

Upon termination of Contract, Client Account and all linked Employee Accounts shall be irreversibly suspended, and all Client Content and Client Data will be anonymized in order to make Client Content unreadable. Client understands that Client Content and Client Data shall not be deleted but retained in anonymized (unreadable) form by App Crafters for statistical purposes. Please note that statistical data do not contain any personal data. Without regard to the previous sentence, all Client Content, including Client Data, except anonymized and statistical data that do not contain personal data, shall be deleted upon the expiration of the 90 days after the termination of the Contract, unless otherwise defined under the Privacy Policy.

Managers and Employees are aware that only Admin may decide on Client Data and may dispose of, edit, or keep such Client Data regardless of Manager’s /Employee’s activities on Berry App.

In case any provision of this Contract is found invalid by any court or arbitration having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Contract, which shall remain in full force and effect.

If any provision of the Contract violates any mandatory rule of the applicable law and proves to be void as a result thereof, such provision shall, for those specific circumstances and only in that particular respect in which it is void, be deemed to have been amended to comply with the law. Any such amendment shall be confined to the minimum necessary to make the provision valid and shall retain as much of its original ambit and meaning as possible.

User and Client may deliver notices to App Crafters to the following address: Karađorđeva 15, Čačak, the Republic of Serbia or via email to: contact@tryberry.app

App Crafters may give notices to the User/Client via the email address associated with their account or (exceptionally) by mail or courier to the address provided for that Client within the information on the Client Account, as applicable.

Notice shall be deemed to have been received:

• the next day if given via notice on the Client Account/Employee account or via email,


• five workdays after posting the notice via courier or registered post. Workday shall have the meaning of workdays at App Crafters’ registered seat.

Failure by App Crafters to exercise or enforce any right or provision of TOU shall not constitute a waiver of such right or provision.

In case App Crafters enables access to data from another service provider through linking, App Crafters does not carry any responsibility for such information.

Berry App may contain links to other websites which are in the ownership of other legal or natural persons. Each of such websites has its terms of use and privacy policy on handling personal data, and such terms and policies may differ significantly from the ones applicable to the use of Berry App. App Crafters has no control over such websites and shall not carry any responsibilities neither for the availability of those websites nor for the terms of use and privacy policies applicable to their visitors and users.

Placing links to third-party websites on Berry App does not represent any kind of recommendation or approval of services or products offered through such websites by App Crafters.

Governing Law. Contract and any matter or dispute arising out of or related to the subject matter of Contract shall be governed, construed, and enforced in accordance with the laws of the Republic of Serbia, without regard to its conflict of laws rules. Specifically excluded from application to this Contract is the law known as the United Nations Convention on the International Sale of Goods.

Mandatory negotiations. Taking into account the high cost of arbitration, Parties agree to the following dispute resolution procedure: in the event of any Dispute, Party asserting Dispute shall first try in good faith to settle such Dispute by delivering the written notice to the other Party by first-class or registered mail. Such notice shall comprise the description of the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving Party 30 days in which to respond to or settle the Dispute.

Notice shall be delivered in accordance with Section 19 (Notices), in particular to the following addresses:

• to App Crafters: Karađorđeva 15, Čačak, the Republic of Serbia, and


• to the Client: Client’s last used address provided within Client Account or the address of the registered seat of Client. In case no such address exists, or the delivery to such an address is unsuccessful, the notice shall be sent to the email address connected to Client Account.

The Parties mutually agree that the above-described dispute resolution procedure is a condition precedent that must be satisfied before the initiation of any arbitration or filing any claim against the other Party.

Dispute Resolution. In case Parties fail in resolving Dispute as described above, any disputes arising out of or in connection with the Contract shall be finally settled by arbitration organized in accordance with the Rules of the Belgrade Arbitration Center (the Belgrade Rules). The number of arbitrators shall be one. The place of arbitration shall be Belgrade, the Republic of Serbia. The language to be used in the arbitral proceedings shall be the English language.

In case Parties’ agreement with respect to arbitration proves to be void or unenforceable, all Disputes to which it was intended to apply shall be subject to the exclusive jurisdiction of the competent court in Belgrade, the Republic of Serbia. Regardless, in such a case, the mandatory negotiation clause shall remain applicable as a precondition to initiation of the court resolution of Dispute.

This Section shall survive termination of the Contract.

Notwithstanding the provisions above, App Crafters may, at its absolute discretion, assert and seek the protection of its Intellectual Property Rights and rights concerning confidential information or data processing anywhere in the world.

With the exceptions of events explicitly prohibited by law, as a condition of the use of Software and/or Service, you agree that any and all Disputes shall be resolved individually, without resorting to any form of class action.

Any arbitration under these TOU shall take place on an individual basis. Class arbitrations and class/representative/collective actions are not permitted.

PARTIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN EACH INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.

Unless both Parties 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.

This Contract (as amended from time to time) constitutes the entire contract between you and App Crafters relating to the subject matter hereof and supersedes all prior agreements and understandings between Parties with respect to that subject matter.

In case of conflict between any provision of the Contract and any statement, representation, or other information published on the Platform or contained in any other materials or communications, the provision of the Contract shall prevail.