Effective Date: September 01, 2025
Company: BerryBond, Inc. (“BerryBond,” “we,” “us,” “our”)
Address: 10714 Atlanta Dr. Frisco, Texas, 75035

These Terms & Conditions (“Terms”) govern your access to and use of our website (berrybondapp.com), mobile applications, and related services, features, and tools (collectively, the “Services”). By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.

Important: For Merchants, these Terms apply together with any signed Merchant Deal Agreement or other order form. If there is a conflict, your signed agreement controls that subject matter.

1) Who these Terms cover

• Shoppers / Consumers (“Shoppers”): individuals discovering, joining, or starting group deals and redeeming offers.
• Merchants / Business Users (“Merchants”): businesses creating profiles, configuring deals/tiers, viewing analytics, and accepting redemptions.
• Visitors: anyone browsing our site or engaging with our waitlist, forms, or content.

You must be at least 13 years old (or the minimum age of digital consent in your jurisdiction) to use the Services. If you are under 18, you may use the Services only with a parent or legal guardian’s consent and supervision.

2) Accounts & Authentication

• You may create an account via email/password or SSO (e.g., Google, Apple). Keep credentials confidential and do not share your account.
• You are responsible for activity on your account. Notify us immediately at info@berrybondapp.com if you suspect unauthorized use.
• We may require identity, phone, or email verification and may suspend or terminate accounts for suspected fraud, abuse, or violations of these Terms.

3) Description of the Services

BerryBond facilitates tiered, group-powered deals: as more participants join a deal, deeper discount tiers may unlock prior to checkout. BerryBond provides the platform, orchestration, and verification; Merchants provide and fulfill the underlying goods/services and set deal parameters (e.g., minimum group size, tier thresholds, duration, redemption method, visibility).

BerryBond is not the seller of merchant goods/services. The sale occurs between the Shopper and the Merchant. BerryBond is a facilitator/technology provider.

4) Group deals, pricing & redemptions (Shoppers)

• Tiered pricing: Each deal displays a tier ladder (e.g., 3 people = 10%, 5 = 15%, 8 = 20%). Your final price is based on the best tier reached when the deal closes.
• Minimum group size: If the minimum is not met, the deal does not activate and no charge is made.
• Timing: Deals have a close time/date. Joining, leaving, inviting others, and redemption windows are controlled by the Merchant’s settings.
• Payment authorization: We (or our payment partners) may place a pre-authorization on your payment method. The final capture occurs at (or after) close at the final tier price. If pre-authorized at a higher tier and the group reaches a deeper tier, we adjust the captured amount to the lower, final price.
• Redemption: Methods include in-store code, booking link, or POS confirmation, as specified on the deal page. Redemption must occur per the deal’s validity period and rules.
• Cancellations & refunds: If a deal does not activate or is cancelled per the rules, you will not be charged (or we will reverse/void the pre-auth). Once activated and redeemed, Merchant refund policies apply. Platform-related errors are handled by BerryBond Support.

5) Merchant configuration & obligations (Merchants)

• Control: You set min group size, tier thresholds, start/end dates, visibility (public/private), and redemption method (in-store code, booking link, POS).
• Honoring deals: You agree to honor active deals for eligible, verified BerryBond users and ensure staff are trained.
• Compliance: You are solely responsible for your products/services, legal compliance (e.g., licensing, health/safety, taxes), and consumer communications/receipts.
• Content accuracy: You warrant your listings, pricing, and availability information are accurate and kept current.
• Payments & chargebacks: You are responsible for your refund policies and any chargebacks related to the underlying goods/services.
• Data & analytics: We provide portal metrics (e.g., views, joins, redemptions). You agree not to misuse user data and to comply with all applicable privacy laws.
• Additional terms: Any signed Merchant Deal Agreement (pricing, fees, indemnities, etc.) forms part of our contract. If conflicts arise, that agreement controls.

6) Fees, payments & taxes

• Shoppers: Pricing and any taxes/fees are shown at checkout and reflect the final tier at close.
• Merchants: Fees (e.g., SaaS/listing, sponsored placement, revenue share, payments routing) are as agreed during onboarding or in your order/merchant agreement.
• Processors: Payments are handled by third-party payment processors; BerryBond does not store full card numbers.
• Taxes: Each party is responsible for its own taxes. Merchants are responsible for collecting/remitting applicable taxes on sales.

7) Acceptable use & prohibited conduct

You agree not to:

• Use the Services for unlawful purposes, fraud, or to mislead others.
• Create fake groups/identities, spam invites, or artificially inflate participation.
• Scrape, crawl, reverse engineer, or attempt to access the Services by automated or unauthorized means.
• Interfere with security features or impose unreasonable load on our infrastructure.
• Upload malicious code, or violate third-party rights (IP, privacy, publicity).
• Harass, abuse, or harm other users or staff.

We may suspend or terminate access for violations and may report unlawful activity to authorities.

8) User content & feedback

• You may submit reviews, ratings, images, comments, and other content (“User Content”). You represent that you have the necessary rights to such content.
• You grant BerryBond a non-exclusive, worldwide, royalty-free license to host, use, reproduce, modify, and display User Content for operating, improving, and promoting the Services.
• We may moderate or remove content that violates these Terms or applicable law.
• If you send us feedback or suggestions, you grant BerryBond the right to use them without restriction or obligation to you.

9) Intellectual property; license to use the Services

• The Services, including all content, features, software, logos, and trademarks, are owned by BerryBond or its licensors and protected by law.
• Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for their intended purpose.
• You may not copy, modify, distribute, sell, or lease any part of the Services; nor may you reverse engineer or attempt to extract source code except as permitted by law.

10) Third-party services; App Store terms

The Services may integrate third-party services (e.g., SSO, payments, analytics). Their terms and privacy policies apply to your use of those features.
If you download our app via the Apple App Store or Google Play, you also agree to their standard license terms. Apple and Google are third-party beneficiaries of the app license; they may enforce terms against you.

11) Privacy

Your use of the Services is governed by our Privacy Policy, which describes how we collect, use, and share information. By using the Services, you consent to our data practices described there.

12) Communications & E-Sign consent

You consent to receive transactional communications (e.g., group status, tier updates, receipts) by email, SMS, or in-app. You may opt out of marketing communications at any time.
You agree to electronic records and signatures for agreements and notices, consistent with ESIGN and UETA.

13) Beta / early access features

From time to time we may offer beta or early features. These are provided as-is, may be unstable, and may change or be discontinued at any time with or without notice.

14) Disclaimers

• Platform only: BerryBond facilitates deals but is not responsible for the merchant goods/services themselves.
• No warranties: The Services are provided “AS IS” and “AS AVAILABLE,” without warranties of any kind (express or implied), including merchantability, fitness for a particular purpose, and non-infringement.
• We do not warrant that deals will meet minimums or that any specific tier will be reached, nor that the Services will be uninterrupted, timely, or error-free.

15) Limitation of liability

To the maximum extent permitted by law:

• BerryBond will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any lost profits or revenues, arising from or related to your use of the Services or any merchant goods/services.
• BerryBond’s aggregate liability to you for all claims will not exceed the greater of (a) the amounts you paid to BerryBond (if any) in the 12 months preceding the event giving rise to the claim, or (b) $100.
• Some jurisdictions do not allow certain limitations; in those cases, the above limits apply to the fullest extent permitted.

16) Indemnification

You agree to defend, indemnify, and hold harmless BerryBond, its affiliates, and their officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to:
(a) your use or misuse of the Services; (b) your violation of these Terms or applicable law; (c) your User Content; or (d) for Merchants, your goods/services, listings, or business conduct.

17) Suspension & termination

We may suspend or terminate access to the Services at any time, with or without notice, for any reason, including suspected fraud, abuse, or violations of these Terms. You may stop using the Services and/or delete your account at any time. Sections that by their nature should survive (e.g., IP, disclaimers, limitation of liability, indemnification, arbitration) will survive termination.

18) Governing law; arbitration; class-action waiver

• Governing law: These Terms are governed by the laws of the State of Texas, without regard to its conflict of law rules.
• Informal resolution: Before filing a claim, you agree to first contact legal@berrybondapp.com and attempt to resolve informally for 30 days.
• Arbitration: Except for small-claims or injunctive relief, any dispute arising from or relating to these Terms or the Services will be resolved by binding arbitration administered by the AAA under its rules. Arbitration will occur in Dallas County, Texas, in English, before a single arbitrator.
• Class-action waiver: You and BerryBond agree to bring claims only in your individual capacity, not as a class member or representative.
• Opt-out: You may opt out of arbitration within 30 days of first accepting these Terms by emailing info@berrybondapp.com with subject “Arbitration Opt-Out,” your full name, and the email tied to your account.

19) International use; export

The Services are controlled from the U.S. You are responsible for compliance with local laws. You agree not to use or export the Services in violation of U.S. export laws and regulations.

20) Force majeure

We are not liable for delays or failures caused by events beyond our reasonable control (e.g., natural disasters, acts of government, labor disputes, internet outages).

21) Changes to the Services & to these Terms

We may modify the Services or these Terms at any time. If we make material changes, we will notify you by posting an updated version and updating the “Effective Date,” and, where required, provide additional notice. Your continued use after the effective date constitutes acceptance.

22) Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

23) Notices

We may provide notices to you via email, in-app notifications, or by posting on the website. You may provide legal notices to info@berrybondapp.com and by mail to our Dallas address.

24) Entire agreement; severability; waiver; headings

These Terms (and any applicable Merchant agreement and policies referenced herein, including the Privacy Policy) are the entire agreement between you and BerryBond regarding the Services. If any provision is held invalid, the remainder remains in effect. Failure to enforce a provision is not a waiver. Headings are for convenience only.

25) Contact

BerryBond, Inc.
10714 Atlanta Dr. Frisco, Texas, 75035
Support: info@berrybondapp.com • +1-214-293-3410  •   +1-214-282-3985
Legal: info@berrybondapp.com
Privacy: info@berrybondapp.com

Merchant-specific addendum (summary)

If you are a Merchant, the following apply in addition to the Terms above:

1. Representations: You hold all licenses/permits to provide your goods/services; your listings and promotions comply with law; your offers do not infringe third-party rights.
2. Insurance: Maintain commercially reasonable product/professional liability insurance.
3. Indemnity (Merchants): You indemnify BerryBond for claims arising from your goods/services, listings, or failure to honor deals.
4. Use of marks: You grant BerryBond a limited license to use your business name/logo in BerryBond materials to identify you as a participating Merchant.
5. Audits & logs: BerryBond may maintain audit logs and take measures to prevent fraud/abuse; you agree to cooperate with reasonable investigations.
6. Priority of terms: Your signed Merchant Deal Agreement (or order form) governs fees, payment terms, and deal specifics; it prevails over these Terms for any conflict on those topics.