Terms of Service

Last updated: May 1, 2025  ·  Effective: May 1, 2025

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the Berg mobile application and related services (collectively, the "Service") provided by Berg ("we", "us", "our"). By downloading, installing, or using Berg, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, do not use the Service.

2. Eligibility

You must be at least 13 years old to use Berg. If you are under 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. By using Berg, you represent and warrant that you meet these requirements.

3. Your Account

To use most features of Berg, you must create an account. You agree to:

• Provide accurate, current, and complete information when creating your account.
• Keep your account credentials secure and not share them with others.
• Notify us immediately at support@berg.app if you suspect unauthorised access to your account.
• Be responsible for all activity that occurs under your account.

We reserve the right to suspend or terminate accounts that violate these Terms.

4. The Service

Berg provides a social platform that allows users to:

• Join and create interest-based groups ("circles").
• Create and join real-world plans ("motives") with other users.
• Communicate with other users via in-app chat.
• Upload and share photos and other content related to completed motives ("memories").

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We will not be liable to you for any modification, suspension, or discontinuation.

5. User Content

5.1 Your Content

"User Content" means any content you submit, post, upload, or otherwise make available through Berg, including messages, photos, motive details, profile information, and ratings.

You own your User Content. We do not claim ownership of anything you post.

5.2 Licence to Berg

By submitting User Content, you grant Berg a non-exclusive, worldwide, royalty-free, sublicensable licence to use, store, display, reproduce, and distribute your User Content solely for the purpose of operating, improving, and providing the Service to you and other users. This licence ends when you delete your content or account, subject to reasonable technical delays and legal retention requirements.

5.3 Content Standards

You are solely responsible for your User Content. You agree that your User Content will not:

• Be unlawful, harmful, threatening, abusive, harassing, defamatory, or discriminatory.
• Infringe the intellectual property rights, privacy rights, or other rights of any third party.
• Contain sexually explicit, violent, or otherwise objectionable material.
• Constitute spam, phishing, or other unsolicited commercial communications.
• Contain malware, viruses, or any code designed to disrupt or damage the Service.
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.

5.4 Content Removal

We reserve the right (but have no obligation) to remove any User Content that violates these Terms or that we determine, in our sole discretion, is harmful to users, Berg, or third parties. We may act without prior notice.

6. Prohibited Conduct

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law.
• Harass, bully, intimidate, or threaten other users.
• Create fake accounts, impersonate others, or otherwise misrepresent your identity.
• Scrape, crawl, or otherwise extract data from the Service using automated means.
• Interfere with or disrupt the integrity or performance of the Service.
• Attempt to gain unauthorised access to any part of the Service or its related systems.
• Use the Service to collect personal information about other users without their consent.
• Circumvent, disable, or otherwise interfere with security features of the Service.
• Use Berg to organise or promote illegal activity.

7. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review it carefully.

8. Intellectual Property

The Berg name, logo, app design, and all content created by us (excluding User Content) are owned by or licensed to Berg and are protected by intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from our intellectual property without our prior written permission.

9. Third-Party Services

Berg integrates with third-party services (including Google sign-in, Apple sign-in, and Google Maps). Your use of those services is subject to their respective terms and privacy policies. We are not responsible for third-party services.

10. In-App Purchases

Berg may offer optional paid features ("Berg Plus"). All purchases are processed through Apple App Store or Google Play and are subject to their respective terms and refund policies. We do not store your payment information. All fees are non-refundable except as required by applicable law or as expressly stated at the time of purchase.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that: (a) the Service will be uninterrupted or error-free; (b) defects will be corrected; (c) the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements.

Berg is a social coordination tool. We are not responsible for the actions of any users you meet or interact with through the app, whether online or in person. Exercise your own judgment and stay safe.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BERG AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, INCLUDING LOSS OF DATA, LOSS OF PROFITS, OR PERSONAL INJURY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO BERG IN THE 12 MONTHS PRIOR TO THE CLAIM OR (B) USD $50.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

13. Indemnification

You agree to defend, indemnify, and hold harmless Berg and its officers, directors, employees, and agents from and against any claims, damages, losses, and expenses (including reasonable legal fees) arising from: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any rights of another person or entity.

14. Termination

We may suspend or terminate your access to the Service at any time, with or without cause or notice, if we believe you have violated these Terms or if we determine it is appropriate to protect the safety of the Service or its users.

You may delete your account at any time by contacting support@berg.app. Upon account deletion, your access to the Service ends. Sections 5.2, 8, 11, 12, 13, and 15 survive termination.

15. Governing Law and Disputes

These Terms are governed by the laws of the jurisdiction in which you reside, to the extent required by local consumer protection law. For users outside any specific jurisdiction, these Terms are governed by the laws of Canada, without regard to conflict of law principles.

Any dispute arising from these Terms or the Service shall first be attempted to be resolved informally by contacting us at support@berg.app. If informal resolution fails, disputes shall be resolved by binding arbitration or in the courts of your jurisdiction, as required by applicable law.

16. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will notify you through the app or by email at least 7 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.

17. Contact

If you have questions about these Terms, please contact us:

• Email: support@berg.app
• In-app: Berg → Profile → Settings → Contact Support