Terms of Service for BerryBreach

1. Acceptance of Terms & Binding Agreement

By downloading, accessing, installing, or using the BerryBreach desktop application (the "Application") and any related services, websites, or documentation (collectively, the "Services"), you ("User," "you," "your") signify that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). If you do not agree with all of these Terms, you are expressly prohibited from using the Services and must discontinue use immediately.

These Terms constitute a legally binding agreement made between you and the operators of BerryBreach ("we," "us," or "our") concerning your access to and use of the Services.

Your use of the Services is also governed by our Privacy Policy, which can be found at https://glvckoma.github.io/BerryBreach-Privacy-Policy/PRIVACY.html and is incorporated herein by reference.

3. Eligibility

You must be at least 13 years old to use the Services. By agreeing to these Terms, you represent and warrant to us that you: (a) are at least 13 years of age; (b) have not previously been suspended or removed from the Services; and (c) your registration and your use of the Services is in compliance with any and all applicable laws and regulations.

4. Account and Credits

• Account Responsibility: You are responsible for maintaining the confidentiality of any account information used to access or utilize BerryBreach (e.g., your Discord account if used for authentication with BerryBreach) and for all activities that occur under your BerryBreach account or through your use of the Application. You agree to notify us immediately of any unauthorized use of your account.
• Credits: The Services may require the use of "credits" to perform certain actions, such as account checks. Free credits may be provided periodically at our discretion. Additional credits can be purchased through the Application. Each designated action (e.g., an account check) performed by the Application consumes one credit, regardless of the outcome of that action (e.g., whether an account is found valid, invalid, or if an error occurs), unless otherwise specified for particular credit packages or subscription plans.
• Payments & Refunds: Payments for credits are processed via third-party payment processors (e.g., Stripe). By making a purchase, you agree to the terms and conditions of the respective payment processor. ALL PURCHASES OF CREDITS ARE FINAL AND NON-REFUNDABLE, except as expressly required by applicable law or in the rare event of a verified service failure directly attributable to a technical fault within the BerryBreach Application itself (and not due to actions by Third-Party Platforms or user error), as determined in our sole and absolute discretion. We are not responsible for any fees, charges, or taxes associated with your purchases.

5. Acceptable and Prohibited Uses

You agree to use the Services only for lawful purposes and in accordance with these Terms. You specifically agree not to, and not to attempt to:

• Use the Services for any illegal, fraudulent, malicious, or abusive purpose, or in any manner that could harm us, our users, or any third party.
• Access, check, verify, or otherwise interact with any game account (including Animal Jam Classic accounts) for which you do not have legitimate, verifiable ownership or explicit, prior, and ongoing permission from the rightful owner.
• Violate, or facilitate the violation of, the terms of service, community guidelines, or any other rules or policies of any Third-Party Platform, including but not limited to Animal Jam Classic, in connection with your use of BerryBreach.
• Use the Services in any way that infringes upon the intellectual property rights or other proprietary rights of any party.
• Reverse-engineer, decompile, disassemble, decrypt, or otherwise attempt to discover the source code, underlying ideas, or algorithms of the Application or any part of the Services.
• Modify, adapt, translate, or create derivative works based on the Application or Services.
• Distribute, sell, rent, lease, sublicense, transfer, or otherwise make the Application or Services available to any third party without our express prior written permission.
• Use any automated system, including without limitation "robots," "spiders," or "offline readers," to access the Services in a manner that sends more request messages to our servers than a human can reasonably produce in the same period by using a conventional on-line web browser (except as may be the result of standard search engine protocols or technologies used by a search engine with our express consent).
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services.
• Remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any copies of the Application or displayed by the Services.
• Use the Services to develop a competing product or service.

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, suspending or terminating access to the Services and reporting you to law enforcement authorities.

6. Intellectual Property Rights

The Services, including the BerryBreach Application, its name, logo, visual interfaces, graphics, design, compilation, information, data, computer code (including source code and object code), products, software, services, and all other elements of the Services ("Materials") provided by us are protected by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained in the Services are the property of BerryBreach or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to BerryBreach or its affiliates and/or third-party licensors. Except as expressly authorized by us in these Terms, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. We reserve all rights not expressly granted in these Terms.

7. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY REGARDING THE ACCURACY, RELIABILITY, OR QUALITY OF ANY INFORMATION OR RESULTS OBTAINED THROUGH THE SERVICES, INCLUDING ANY INFORMATION PROVIDED BY OR ABOUT THIRD-PARTY PLATFORMS. YOU ACKNOWLEDGE THAT YOUR RELIANCE ON ANY SUCH INFORMATION OR RESULTS IS AT YOUR SOLE RISK.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BERRYBREACH, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO:

• YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES;
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR RELATED TO THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES;
• ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICES;
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT;
• ANY ACTION TAKEN BY THIRD-PARTY PLATFORMS (SUCH AS ANIMAL JAM CLASSIC) AGAINST YOUR ACCOUNTS OR IP ADDRESS AS A RESULT OF YOUR USE OR MISUSE OF THE SERVICES; OR
• ANY OTHER MATTER RELATING TO THE SERVICES,

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (I) THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO US FOR ACCESS TO OR USE OF THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM, OR (II) TEN U.S. DOLLARS ($10.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

9. Indemnification

You agree to indemnify, defend, and hold harmless BerryBreach and its parent, subsidiaries, affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, actions, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and legal costs) arising out of or relating to:

• Your access to or use of the Services;
• Your violation of these Terms or any applicable law or regulation;
• Your violation of any rights of any third party, including but not limited to any intellectual property right, publicity, confidentiality, property, or privacy right;
• Any disputes or issues between you and any third party (including Third-Party Platforms like Animal Jam Classic); or
• Your gross negligence or willful misconduct.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

10. Termination

We may, in our sole discretion, suspend, limit, or terminate your access to or use of the Services, or any portion thereof, at any time, with or without notice, for any reason or no reason, including but not limited to: (a) your breach or suspected breach of these Terms; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification of the Services (or any part thereof); (e) unexpected technical or security issues or problems; or (f) extended periods of inactivity.

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

We will not be liable to you or any third party for any termination of your access to the Services.

11. Changes to Terms

We reserve the right, in our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect, which may include posting a notice within the Application or on an associated website. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Services.

It is your responsibility to review these Terms periodically for changes. The "Last Updated" date at the top of these Terms indicates when they were last revised.

12. Governing Law and Dispute Resolution

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of West Virginia, USA, without regard to its conflict of law principles.

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Huntington, West Virginia, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

Alternatively, you agree that any legal action or proceeding arising out of or relating to these Terms may be brought exclusively in the federal or state courts located in Cabell County, West Virginia, and you irrevocably consent to the jurisdiction of such courts.

YOU AND BERRYBREACH 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.

13. Miscellaneous

• Entire Agreement: These Terms, together with the Privacy Policy and any other legal notices published by us, constitute the entire agreement between you and us concerning the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us with respect to the Services.
• Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
• No Waiver: Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future.
• Assignment: You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and our rights and obligations under these Terms without condition.
• Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.
• Force Majeure: We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

14. Contact Us

If you have any questions, comments, or concerns regarding these Terms of Service or our Services, please contact us primarily through our official support channels:

• Via our official Discord server: https://discord.gg/Nu2eE6d38a