Terms of Service

Effective Date: February 10, 2026

Welcome to BerryPure. These Terms of Service ("Terms") govern your use of the BerryPure mobile application ("App") provided by BerryPure ("we," "us," or "our"), a company registered in Queensland, Australia. By downloading, installing, or using our App, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using BerryPure, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use the App.

2. Eligibility

You must be at least 13 years of age to use BerryPure. By using the App, you represent and warrant that you meet this age requirement. If you are under 18, you represent that you have your parent or guardian's permission to use the App.

3. Description of Service

BerryPure is a food scanning application designed to help users identify ultra-processed foods and make informed dietary choices. The App allows you to:

• Scan food product labels using your device's camera
• Receive analysis of ingredients and additives
• Track your eating habits and progress
• Build streaks and earn achievements for clean eating

4. No Account Required

BerryPure does not require you to create an account or sign in. All your data (scan history, progress, preferences) is stored locally on your device and is not transmitted to our servers. If you uninstall the App, your local data will be removed.

5. Subscriptions and Payments

5.1 Subscription Plans

BerryPure offers subscription plans that provide access to premium features. Subscription options and pricing are displayed within the App before purchase.

5.2 Billing

All subscriptions are billed through Apple's App Store. Payment will be charged to your Apple ID account at confirmation of purchase. Your subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period.

5.3 Cancellation

You may cancel your subscription at any time through your Apple ID account settings. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial subscription periods.

5.4 Refunds

All purchases are processed by Apple. To request a refund, please contact Apple Support or visit reportaproblem.apple.com.

6. Important Health and Safety Disclaimers

6.1 Not Medical Advice

BERRYPURE IS NOT A MEDICAL DEVICE AND IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR HEALTH CONDITION.

The information provided by BerryPure is for general informational and educational purposes only. It is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician, dietitian, or other qualified health provider with any questions you may have regarding a medical condition or dietary changes.

6.2 Allergy Warning

DO NOT RELY ON BERRYPURE FOR ALLERGY OR INTOLERANCE INFORMATION.

If you have food allergies, intolerances, coeliac disease, or any medical condition that requires you to avoid certain ingredients, you MUST verify all ingredient information directly from the product packaging. BerryPure may fail to detect allergens due to:

• Incomplete or unclear label scanning
• Cross-contamination warnings not being detected
• "May contain" statements being missed
• Ingredient name variations or technical names
• Manufacturing changes not reflected in our analysis

We accept no liability for allergic reactions, anaphylaxis, or any health consequences resulting from reliance on the App for allergy information.

6.3 Special Populations

BerryPure is not designed for and should not be relied upon by:

• Pregnant or breastfeeding individuals
• Individuals with diabetes or blood sugar disorders
• Individuals with eating disorders
• Individuals with kidney disease or other conditions requiring strict dietary management
• Children or individuals making dietary decisions for children

These populations should consult qualified healthcare professionals before making any dietary changes based on information from the App.

6.4 No Professional Use

BerryPure is intended for personal, non-commercial use only. The App is NOT suitable for:

• Healthcare professionals making clinical recommendations
• Dietitians or nutritionists advising clients
• Food service professionals or caterers
• Schools, hospitals, aged care facilities, or institutional food service
• Any commercial food preparation or service context

If you use BerryPure in a professional capacity or to advise others, you do so entirely at your own risk and accept full responsibility for any consequences.

7. User Responsibility and Due Diligence

BerryPure is an informational tool only. We are not doctors, dietitians, nutritionists, or healthcare professionals. The App does not provide medical advice, dietary advice, or professional guidance of any kind.

YOU ARE SOLELY RESPONSIBLE FOR YOUR OWN DIETARY DECISIONS AND HEALTH OUTCOMES.

By using BerryPure, you acknowledge and agree that:

• You must conduct your own research and due diligence before making any dietary changes
• You must independently verify all ingredient information from product packaging
• You must consult qualified healthcare professionals for any health-related decisions
• You must not rely solely on the App for any food-related decisions
• Any decisions you make based on information from the App are made at your own risk
• We accept no responsibility for any consequences arising from your use of the App

The information provided by BerryPure is general in nature and may not be suitable for your individual circumstances. What is appropriate for one person may not be appropriate for another. You are responsible for determining what is suitable for you.

8. Data Accuracy and Limitations

8.1 No Guarantee of Accuracy

While we strive to provide accurate ingredient analysis, we cannot and do not guarantee the accuracy, completeness, or reliability of scan results. The App uses automated image analysis technology which may produce errors.

8.2 Factors Affecting Accuracy

Scan results may be inaccurate due to:

• Poor image quality, lighting, or camera focus
• Damaged, obscured, or partially visible labels
• Non-English text or unusual fonts
• Handwritten or non-standard labels
• Technical limitations of image analysis technology
• Errors in the underlying analysis systems

8.3 Product Information May Be Outdated

Food manufacturers frequently change product formulations, ingredients, and recipes without notice. The same product may have different ingredients:

• In different countries or regions
• At different times as formulations change
• In different package sizes or varieties

Always check the actual product packaging for the most current ingredient information.

8.4 Toxicity Scores Are Subjective

The "toxicity scores" and classifications provided by BerryPure are based on our interpretation of publicly available research about food additives. These scores:

• Are not endorsed by any regulatory authority
• May not reflect current scientific consensus
• Are simplified representations of complex nutritional science
• Should not be used as the sole basis for dietary decisions

9. Service Availability

BerryPure requires an internet connection to function. We do not guarantee that the App will be available at all times. The App may be unavailable due to:

• Scheduled or unscheduled maintenance
• Server outages or technical difficulties
• Third-party service disruptions
• Network connectivity issues

You should not rely on the App being available when you need it. Always have alternative means of checking ingredient information for critical dietary needs.

10. User Conduct

You agree not to:

• Use the App for any unlawful purpose
• Attempt to gain unauthorized access to the App or its systems
• Interfere with or disrupt the integrity or performance of the App
• Upload malicious code, viruses, or harmful content
• Reverse engineer, decompile, or disassemble any part of the App
• Use automated systems or software to extract data from the App
• Resell, sublicense, or commercially exploit the App without authorization

11. Intellectual Property

The App, including all content, features, and functionality (including but not limited to text, graphics, logos, icons, images, and software), is owned by BerryPure and is protected by international copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes in accordance with these Terms.

12. Third-Party Services

BerryPure uses third-party services to provide certain functionality, including but not limited to:

• Image analysis services for food label scanning
• Analytics services for usage tracking and product improvement
• Apple for payment processing of in-app subscriptions

Your use of these services is subject to their respective terms of service and privacy policies. We are not responsible for the accuracy, availability, or performance of third-party services.

13. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

• THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
• SCAN RESULTS WILL BE ACCURATE, COMPLETE, OR RELIABLE
• THE APP WILL DETECT ALL ALLERGENS, ADDITIVES, OR INGREDIENTS
• THE TOXICITY SCORES OR HEALTH INFORMATION WILL BE ACCURATE
• THE APP WILL BE AVAILABLE WHEN YOU NEED IT
• DEFECTS WILL BE CORRECTED

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BERRYPURE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL
• ANY PERSONAL INJURY OR HEALTH CONSEQUENCES, INCLUDING ALLERGIC REACTIONS
• ANY DAMAGES ARISING FROM INACCURATE SCAN RESULTS OR ANALYSIS
• ANY DAMAGES ARISING FROM SERVICE UNAVAILABILITY
• ANY DAMAGES ARISING FROM RELIANCE ON INFORMATION PROVIDED BY THE APP

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO US, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR AUD $100, WHICHEVER IS LESS.

14.1 Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted or modified by agreement.

To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is limited, at our option, to the re-supply of the services or the payment of the cost of having the services re-supplied.

15. Indemnification

To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless BerryPure and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses (including reasonable legal fees) arising out of:

• Your use of the App
• Your reliance on information provided by the App
• Your violation of these Terms
• Your violation of any third-party rights
• Any dietary decisions you make based on the App
• Any professional or commercial use of the App

16. Apple-Specific Terms

The following terms apply to your use of the App through Apple's App Store:

• These Terms are between you and BerryPure only, not with Apple. BerryPure, not Apple, is solely responsible for the App and its content.
• Apple has no obligation to provide any maintenance or support services for the App.
• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). Apple has no other warranty obligation with respect to the App.
• BerryPure, not Apple, is responsible for addressing any claims relating to the App, including product liability claims, claims that the App fails to conform to legal requirements, and claims arising under consumer protection or similar legislation.
• Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance, Apple will have the right to enforce these Terms against you.

17. Termination

We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the App will cease immediately.

You may stop using the App at any time by uninstalling it. Since all data is stored locally on your device, uninstalling the App removes your data.

18. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Queensland, Australia, without regard to its conflict of law provisions.

Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Queensland, Australia. You irrevocably submit to the jurisdiction of those courts.

Notwithstanding the foregoing, if you are a consumer residing in another jurisdiction with mandatory consumer protection laws, you retain any mandatory protections provided under those laws that cannot be excluded by contract.

19. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you through the App or by other means. Your continued use of the App after the effective date of the revised Terms constitutes your acceptance of the changes.

20. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

21. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and BerryPure regarding the App and supersede all prior agreements and understandings.

22. Contact Us

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

Email: [email protected]

Location: Queensland, Australia

Last updated: February 10, 2026