Terms & Conditions

01 Subscription and Account

1.1The plan, billing cycle, number of users, price, included features, usage allowances and any add-ons shown during checkout or in an accepted order form form part of these Terms.

1.2The Customer must provide accurate account, company, billing and contact information and keep it updated.

1.3Each paid user seat is for one authorized individual. Login credentials may not be shared, transferred or used by multiple people to avoid seat charges.

1.4The Customer is responsible for all activity under its account, user permissions, connected systems and the security of its passwords, access keys and devices. Suspected unauthorized access must be reported promptly through the support channel shown in the Berto account.

02 Fees, Payment and Taxes

2.1Subscription fees are payable in advance at the time of checkout and at each renewal. Any onboarding, setup, implementation, data migration, training or activation fee shown at checkout or in an order form is also payable in advance.

2.2By providing a payment method, the Customer authorizes the Provider and its payment processor to charge the initial subscription, recurring renewals, additional users, approved add-ons, additional usage purchases and applicable taxes.

2.3Unless expressly stated otherwise, prices exclude VAT and any other applicable taxes, duties, bank charges, currency-conversion fees or payment-provider charges.

2.4Access may begin only after successful payment. If a payment fails, the payment may be retried and access may be limited or suspended until the outstanding amount is paid.

2.5Approved Enterprise customers may be permitted to pay by invoice. Unless the applicable order form states otherwise, Enterprise invoices are due within fifteen (15) days of the invoice date.

03 Automatic Renewal and Cancellation

3.1Monthly and annual subscriptions automatically renew for the same billing period unless cancelled before the next renewal date. The Customer authorizes the payment method on file to be charged at each renewal.

3.2A standard online subscription may be cancelled at any time through the Berto account or support channel. Cancellation takes effect at the end of the current paid billing period. The Customer must cancel before the renewal date to avoid the next charge.

3.3Cancellation does not immediately end access unless required for security, legal or payment reasons. The Customer may continue using the paid plan until the end of the current billing period.

3.4Enterprise subscriptions are governed by the commitment and notice period stated in the applicable order form. If no notice period is stated, either party may terminate an Enterprise subscription by giving ninety (90) days written notice, subject to payment of all fees committed for the agreed term.

04 Refunds

4.1Except where required by applicable law, all subscription fees, annual payments, onboarding or setup fees, user-seat charges, add-on fees and usage purchases are non-refundable.

4.2No refund or credit is provided for partial billing periods, unused days, unused users, unused tokens, unused enrichments, unused voice minutes, plan downgrades, account inactivity or failure to use the Service.

4.3A confirmed duplicate or incorrect charge caused by the Provider or its payment processor will be corrected. Billing disputes must be raised within thirty (30) days of the charge.

05 Plans, Users and Usage Limits

5.1The Customer receives only the features and limits included in the selected plan as displayed during checkout or in the applicable order form. Limits may include users, input tokens, output tokens, enrichments, AI voice minutes, messages, storage, integrations or other usage units.

5.2Unless clearly stated otherwise, usage allowances apply to the entire Customer workspace, reset on the monthly billing anniversary and do not roll over. Unused allowances have no cash value and cannot be transferred to another account or billing period.

5.3Token and AI usage is measured using Berto system records and the measurement method of the relevant AI provider. An enrichment is counted when an enrichment request is processed. Voice usage may be rounded up to the next whole minute per call.

5.4When a limit is reached, the affected feature may be paused until the next reset, or the Customer may be offered an upgrade or additional usage package. No paid overage will be charged unless the Customer has approved it or the checkout page clearly states that automatic overage billing applies.

5.5Adding users or upgrading a plan may take effect immediately and may result in a prorated charge. User reductions and downgrades normally take effect at the next renewal and do not create a refund or credit.

06 Additional Services and Third-Party Charges

6.1Custom development, white-labelling, custom reports, integrations, data migration, additional training, consulting, dedicated infrastructure and other work not included in the selected plan will be charged separately after approval of a quotation or order form.

6.2Access to WhatsApp, SMS, email, telephone, payment, enrichment or other third-party services does not automatically include third-party carrier, messaging, API, data, template, telephone or transaction charges unless those charges are expressly included in the selected plan.

6.3Third-party services are subject to their own terms, pricing, availability and policies. Berto is not responsible for third-party outages, account suspensions, API changes, data accuracy or discontinued integrations.

07 Acceptable Use

7.1The Customer must use Berto only for lawful business purposes and must not use the Service to:

• send spam, unlawful marketing, deceptive messages or communications to people who have opted out;
• commit fraud, impersonation, phishing, harassment, discrimination or any unlawful activity;
• upload malware, harmful code or content that infringes another person's rights;
• gain unauthorized access to any system, account or data, or interfere with the security or operation of the Service;
• scrape, collect, buy, sell or process personal information without a lawful basis;
• reverse engineer, copy, resell, sublicense or commercially exploit Berto except where expressly authorized in writing; or
• circumvent user, usage, payment, security or access limits.

7.2The Provider may investigate suspected misuse and may restrict or suspend any feature or account that creates a legal, security, deliverability, reputational or operational risk.

08 AI Features and Customer Responsibility

8.1Berto may generate text, recommendations, summaries, classifications, scores, scripts, responses, predictions and other automated outputs. AI outputs may be incomplete, inaccurate, outdated, unsuitable or inconsistent.

8.2The Customer must review and verify all AI outputs before relying on, publishing, sending or acting on them. Berto is not a substitute for legal, financial, compliance, medical or other professional advice.

8.3The Customer remains responsible for its prompts, instructions, workflows, campaigns, decisions and actions, including any action performed automatically through Berto.

8.4AI output must not be used as the sole basis for a decision that has a legal or similarly significant effect on an individual without appropriate human review and any legally required safeguards.

09 Calls, Messages and Marketing Compliance

9.1The Customer is solely responsible for ensuring that all calls, recordings, emails, SMS, WhatsApp messages and marketing activities comply with applicable laws, platform rules, permitted contact times and consent requirements in every country where recipients are located.

9.2The Customer must maintain valid consent or another lawful basis, use accurate sender and caller information, honour opt-out and do-not-call requests promptly, and provide any legally required notice that a call is recorded, automated or AI-generated.

9.3Berto may limit or suspend communication features where complaints, unusual sending patterns, unlawful activity or third-party platform restrictions create a compliance or deliverability risk.

10 Customer Data, Privacy and Confidentiality

10.1The Customer retains ownership of the data, records, contacts, files, messages, prompts and other content submitted to Berto ("Customer Data").

10.2The Customer grants the Provider the limited right to host, copy, transmit, process and use Customer Data only as reasonably necessary to provide the Service, perform requested workflows, provide support, maintain security, prevent fraud and comply with law.

10.3The Customer confirms that it has all rights, notices, consents and lawful bases required to collect, upload and process Customer Data through Berto.

10.4Access to Customer Data will be restricted to authorized personnel and service providers who require access for legitimate technical, operational, support, security or legal purposes and are subject to appropriate confidentiality obligations.

10.5Berto may use hosting, AI, communications, analytics, payment, enrichment and other service providers. Customer Data may be processed in countries where those providers operate, subject to applicable legal requirements and safeguards.

10.6Each party must protect the other party's confidential information and use it only for purposes connected with the Service. This obligation does not apply to information that is public, independently developed or lawfully received without restriction.

11 Data Export and Deletion

11.1The Customer is responsible for maintaining any records or exports it requires. Before cancellation or within thirty (30) days after the subscription ends, the Customer may request an export of available Customer Data in a commonly used format.

11.2After the export period, Customer Data may be permanently deleted or anonymized from active systems. Limited copies may remain temporarily in secure backups, legal records, payment records, security logs or audit records until removed under normal retention procedures or as required by law.

11.3Data deleted by the Customer, deleted through an integration, or deleted after the applicable retention period may not be recoverable.

12 Service Availability and Changes

12.1Berto may be updated, modified, maintained or temporarily unavailable. No uninterrupted or error-free service is guaranteed unless a separate Enterprise service-level agreement expressly states otherwise.

12.2Features marked beta, preview, pilot or experimental may be changed or withdrawn at any time.

12.3Prices, plan limits and features may be changed by giving reasonable notice. A price increase for an existing paid subscription will normally apply from the next renewal date, allowing the Customer to cancel before renewal.

13 Suspension and Termination

13.1Access may be suspended or restricted for failed or overdue payment, breach of these Terms, unlawful or abusive use, security risk, excessive platform impact, third-party provider requirements or legal obligations.

13.2The subscription may be terminated immediately for fraud, serious misuse, unlawful activity, repeated violations or a material security threat. For other material breaches, the Customer may be given a reasonable opportunity to correct the breach.

13.3Suspension or termination does not remove the Customer's obligation to pay charges already due or committed under an Enterprise order form.

14 Intellectual Property

14.1Berto and its licensors retain all rights in the Service, software, applications, interfaces, designs, workflows, databases, documentation, branding, models, code and technology.

14.2During an active paid subscription, the Customer receives a limited, non-exclusive, non-transferable and revocable right to use the selected Service for its internal business operations.

14.3Suggestions or feedback may be used to improve Berto without restriction or payment, provided the Customer is not publicly identified without permission.

15 Disclaimers and Limitation of Liability

15.1The Service is provided on an "as available" and "as is" basis to the maximum extent permitted by law. No guarantee is made that the Service, AI outputs, data, integrations or communications will always be accurate, available, secure, uninterrupted or suitable for a particular purpose.

15.2To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, punitive or consequential loss, including lost profits, lost opportunities, loss of goodwill or loss of anticipated savings.

15.3The Provider is not liable for losses caused by Customer instructions, configurations, unlawful communications, inaccurate Customer Data, failure to review AI output, unauthorized access caused by the Customer, third-party services or failure to maintain required records and exports.

15.4To the maximum extent permitted by law, the Provider's total aggregate liability arising from the Service will not exceed the subscription fees paid for the affected Service during the twelve (12) months immediately before the event giving rise to the claim.

15.5Nothing in these Terms limits liability that cannot legally be excluded or limited.

16 Indemnity

The Customer will indemnify and hold harmless Berto, the Provider and their affiliates, officers, employees and service providers from third-party claims, penalties, losses and reasonable costs arising from Customer Data, unlawful calls or messages, infringement of third-party rights, breach of these Terms or misuse of the Service.

17 Force Majeure

Neither party is responsible for delay or failure caused by events beyond its reasonable control, including natural disasters, fire, flood, war, civil disturbance, government action, utility or internet failure, cyberattack, labour disruption, telecommunications failure or interruption of essential third-party infrastructure. The affected party will take reasonable steps to reduce the impact and resume performance.

18 Electronic Acceptance and Records

18.1The Customer agrees that ticking the acceptance box, submitting payment and using the Service constitute electronic acceptance of these Terms and create a binding agreement.

18.2The checkout record, selected plan, amount charged, billing cycle, user count, acceptance time, account information and applicable version of these Terms may be retained as evidence of the transaction.

19 General

19.1These Terms, the selected checkout plan, the Privacy Policy and any applicable order form constitute the complete agreement for the Service and replace prior discussions relating to the same subscription.

19.2If an Enterprise order form conflicts with these Terms, the order form takes priority only for that Enterprise subscription.

19.3The Customer may not assign or transfer its subscription without prior written approval. The Provider may assign these Terms as part of a merger, restructuring, financing, acquisition or transfer of the relevant business.

19.4If any provision is unenforceable, the remaining provisions continue in effect. Failure to enforce a provision is not a waiver of that provision.

19.5These Terms may be updated for legal, security, product or operational reasons. Material changes will be communicated through the Service, by email or at renewal. Continued use after the effective date of an update constitutes acceptance, subject to applicable law.

19.6These Terms are governed by the laws of the United Arab Emirates, and the courts of Dubai, United Arab Emirates have exclusive jurisdiction, unless an Enterprise order form expressly states otherwise.