Please read these terms carefully before using BerryViral.
Welcome to BerryViral. By accessing or using our website, mobile application, or any other services provided by Purely.AI Technologies ("Company", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and Purely.AI Technologies regarding your use of the Service.
If you do not agree to these Terms, you must not access or use the Service. We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.
BerryViral provides AI-powered analysis of YouTube thumbnails to estimate their potential performance ("Service"). The Service utilizes machine learning algorithms to analyze visual elements and provide feedback.
You explicitly acknowledge and agree that:
To access certain features of the Service, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. Purely.AI Technologies will not be liable for any loss or damage arising from your failure to comply with these requirements.
We reserve the right to suspend, disable, or terminate your account at any time, for any reason, including but not limited to if you violate any provision of these Terms, or if your conduct creates risk or possible legal exposure for us.
You retain all rights and ownership in the images, text, and other content you upload to the Service ("User Content"). We do not claim ownership rights over your User Content.
By uploading, submitting, or otherwise providing User Content to the Service, you grant Purely.AI Technologies a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, host, store, reproduce, modify, create derivative works from, communicate, publish, publicly perform, publicly display, and distribute such User Content.
You explicitly grant Purely.AI Technologies the right to use your User Content to train, improve, test, and develop our machine learning models, algorithms, and artificial intelligence systems. This includes, but is not limited to, using your thumbnails and performance data to refine our predictive capabilities. This usage is essential for the continuous improvement of the Service for all users.
The Service, including but not limited to its code, design, algorithms, AI models, text, graphics, and logos, is the exclusive property of Purely.AI Technologies and its licensors. You agree not to copy, modify, distribute, sell, or lease any part of our Service or included software, nor may you reverse engineer or attempt to extract the source code of that software.
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree strictly to follow the YouTube Community Guidelines.
You specifically agree NOT to upload, post, or transmit any content that:
We have zero tolerance for such content. We reserve the right to remove any content and permanently ban any user found violating these policies without prior notice or refund.
Certain features of the Service are available only through paid subscriptions or one-time credit purchases. You agree to pay all fees associated with your selected plan or purchase. We use third-party payment processors (such as DodoPayments) to handle financial transactions. We do not store your full credit card details.
All purchases are final and non-refundable. We do not offer refunds for subscriptions, credit packs, or any other paid services, regardless of usage or satisfaction with the results. This includes, but is not limited to, cases where you forget to cancel a subscription or are unsatisfied with the AI analysis.
You may cancel your subscription at any time through your account settings. Upon cancellation, your subscription will remain active until the end of the current billing period. You will not receive a refund for any remaining time in the billing period.
We reserve the right to change our pricing terms at any time. Any price changes for subscriptions will take effect at the start of the next billing cycle following notice to you.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PURELY.AI TECHNOLOGIES, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE.
UNDER NO CIRCUMSTANCES WILL PURELY.AI TECHNOLOGIES BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PURELY.AI TECHNOLOGIES ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE.
You agree to defend, indemnify, and hold harmless Purely.AI Technologies and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of:
These Terms shall be governed and construed in accordance with the laws of Goa, India, without regard to its conflict of law provisions.
Any dispute arising out of or in connection with these Terms, including any question regarding their existence, validity, or termination, shall be subject to the exclusive jurisdiction of the courts located in Goa, India. You hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Goa, India.
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
If you have any questions about these Terms, please contact us at support@purely.ai.