Terms & Conditions

Last updated:July 18, 2026

1. Introduction & Acceptance of Terms

Welcome to WinBerry, a platform available at winberryad.com and operated by WinBerry LLC, a limited liability company registered in the State of Wyoming, United States of America, per the registration details listed in the “Contact Us” section.

These Terms constitute a legally binding agreement between WinBerry and the individual or entity that creates an account or uses the service. By using the platform, creating an account, or purchasing a subscription, you acknowledge that you have read and agreed to these Terms, the Privacy Policy, and the Refund & Cancellation Policy. If you do not agree, do not use the service.

2. Definitions

  • “Platform”: the WinBerry website and its tools, interfaces, services, applications, and integrations.
  • “Service”: the tools for creating, editing, and managing designs, text, and marketing content using artificial intelligence, templates, and software systems.
  • “User”: any person using the platform for their own account or on behalf of an entity.
  • “Enterprise Customer”: a company, store, agency, or legal entity subscribed to the service.
  • “User Content”: images, text, logos, data, instructions, and files uploaded or imported by the user.
  • “Outputs”: the designs, text, images, files, and results created by the platform in response to user requests.
  • “Points” or “Credits”: internal usage units consumed when performing specific operations; they do not constitute currency or monetary value.
  • “Billing Cycle”: the monthly, annual, or other period specified at the time of subscription.

3. Eligibility & Business Accounts

You must be at least 18 years old and possess the legal capacity required to accept these Terms. If you create the account on behalf of a company, store, or entity, you represent that you are authorized to accept these Terms on its behalf, and that entity becomes responsible for the account and its users.

You must provide accurate and up-to-date information, and we may request reasonable verification information. You may not impersonate any person or entity or create an account in a misleading manner.

4. Description of the Service

WinBerry helps users produce marketing content, and the service may include creating advertising designs, generating text, processing images, removing backgrounds, managing assets, editing layers, creating multiple variants, and other integrations or features that appear within the platform.

Some functions rely on technologies and services provided by third parties. Models or tools may be updated, replaced, or have their operation modified to improve quality, security, cost, or compliance, provided this does not materially eliminate a paid service without appropriate remedy.

5. Account, Security & Permissions

  • You are responsible for the confidentiality of your login credentials and for the devices and sessions linked to your account.
  • Do not share your password or verification codes, and notify us immediately of any unauthorized access.
  • You are responsible for activity that occurs through your account, except where it is proven to result from a security failure on WinBerry's part.
  • In team accounts, the account owner or an authorized administrator is responsible for adding users and assigning or revoking their permissions.
  • We may impose additional security requirements, such as two-factor authentication or re-authentication, to protect your account.

6. Subscriptions, Auto-Renewal & Billing

Current plans, their benefits, usage limits, number of points, prices, and billing cycle appear on the pricing page or the checkout screen. The information displayed and accepted at the time of purchase forms part of this agreement.

Paid subscriptions renew automatically at the end of each billing cycle using the registered payment method, unless the user cancels the renewal before the charge date. Upon cancellation, the subscription continues until the end of the paid period, and no charge is made for the following cycle.

The payment method must be valid and authorized for use. If a charge cannot be completed, we may retry it, suspend paid benefits, or move the account to a free or limited plan until the amount is settled.

Taxes or statutory fees may be added depending on the user's country, the place of supply, and what is clearly shown at checkout or on the invoice. The user bears any bank, transfer, or currency-exchange fees imposed by the bank or payment provider.

Cancellations and refunds are governed by the Refund & Cancellation Policy published on the platform, which forms part of these Terms.

7. Points System & Usage Limits

Some operations may consume points or an internal credit balance. The cost of each operation or its consumption rules appear within the platform or on the plan page, and may be adjusted in the future with appropriate notice when the change materially affects an existing subscription.

  • Points are not money and cannot be withdrawn, transferred to a bank account, or sold.
  • Free, promotional, or plan-included points may have an expiry period specified when granted or purchased.
  • The monetary value of points used in successfully completed operations is not refundable.
  • Points are restored, or an equivalent remedy is granted, when an operation technically fails to produce a valid output due to a fault on the platform's part, in accordance with the Refund Policy.
  • Fair-use limits may be imposed to prevent abuse, excessive automated use, or unauthorized resale.

8. User Content

You retain your rights in your user content. By submitting or uploading it, you grant WinBerry a limited, non-exclusive, sub-licensable license to host, copy, technically process and modify, and display the content to the extent necessary to provide, protect, and improve the service, in accordance with the Privacy Policy.

You represent and warrant that you hold the rights, licenses, or consents necessary to use the content, including product images, logos, images of individuals, and customer data, and that its use does not infringe intellectual-property or privacy rights or applicable law.

WinBerry does not use user content to train its own AI models. Third parties may process the content to deliver the requested functionality in accordance with the Privacy Policy and their own terms.

9. Outputs & Intellectual Property

Subject to applicable law, third-party rights, and the terms of model providers, WinBerry grants you the rights it can legally grant or assign in the outputs created for your account. This does not include ownership of the platform, general templates, software, or third-party licensed elements.

Outputs generated by artificial intelligence may not qualify for exclusive protection in every country, and other users may obtain similar or comparable results. We therefore do not guarantee the uniqueness of outputs or their eligibility for trademark or copyright registration.

The WinBerry brand, software, interfaces, underlying logic, base templates, classifications, selection rules, and any platform-owned materials remain the exclusive property of WinBerry or its licensors.

10. Responsibility for Reviewing Content & Advertisements

Outputs are generated automatically and may contain errors, inaccurate information, or unintended similarities. Before publishing, you must review text, prices, discounts, benefits, claims, images, and statutory disclosures, and confirm that they match reality, applicable law, and the policies of the advertising platform on which you intend to publish.

WinBerry does not guarantee any specific marketing results, sales, or advertising return, and outputs do not constitute legal, medical, financial, or other professional advice.

11. Acceptable Use Policy

Using the platform or its outputs for any unlawful or harmful activity is prohibited, including:

  • Uploading or creating content you do not have the right to use, or that infringes intellectual-property or privacy rights.
  • Creating misleading content, impersonation, forgery, or deepfakes intended to deceive, defame, or falsely imply endorsement by a person or entity without authorization.
  • Sexually explicit content, child exploitation, hate speech, threats, incitement to violence, or harassment.
  • Creating false or unsubstantiated advertisements or claims, or content that violates consumer-protection, advertising, or regulated-sector laws.
  • Uploading malicious software, attempting to breach the platform, bypassing technical limits, scraping data without authorization, or disrupting the service.
  • Reselling the account, points, or platform access, or sharing the account in a manner that violates the plan.
  • Using individuals' data, images, or voices without a lawful basis or the necessary consent.

We may reject or block certain requests, remove content, or suspend an account when a violation is suspected, taking into account the nature of the violation and the rights of the parties involved.

12. Third-Party Services & Integrations

The platform may offer services, links, or integrations with AI providers, online stores, social networks, payment services, storage, or messaging. Those services may be subject to separate terms, fees, and policies, and WinBerry is not liable for their interruption or modification beyond its control, while making reasonable efforts to minimize any impact on the service.

13. Service Availability, Modifications & Maintenance

We strive to provide a stable service but do not guarantee uninterrupted or error-free operation. Planned or emergency maintenance may occur, and certain features, models, or limits may be modified. We will attempt to notify users of material changes or interruptions when practical.

There is no guaranteed service level or compensation for downtime unless an enterprise plan or a separate agreement specifies a defined SLA.

14. Account Cancellation, Suspension & Termination

You may cancel automatic renewal or request account deletion through the available settings. Cancelling a subscription differs from deleting an account: cancelling stops future renewal, while deleting the account removes access and data in accordance with the Privacy Policy.

We may suspend, restrict, or terminate an account if the user violates these Terms, fails to pay amounts due, exposes the platform or others to a security or legal risk, or uses the service fraudulently or abusively.

If termination is due to a material violation, the user may not be entitled to a refund for the period or points used, without prejudice to any mandatory rights and the Refund Policy.

15. Disclaimer of Warranties

The service and outputs are provided “as is” and “as available” to the maximum extent permitted by law. We do not warrant that outputs will be error-free, fit for a particular purpose, unique, or free of third-party claims, nor do we guarantee the continued availability of every model or external integration.

This does not relieve WinBerry of any liability that cannot be excluded or limited by law, nor of liability for fraud or willful or gross misconduct where the law does not permit its exclusion.

16. Limitation of Liability

To the maximum extent permitted by law, WinBerry shall not be liable for indirect, incidental, consequential, or special damages, or loss of profits, revenue, goodwill, data, or business opportunities, arising from the use of, or inability to use, the service.

To the maximum extent permitted by law, WinBerry's total aggregate liability for all claims related to the service is limited to the total amounts paid by the user to WinBerry during the twelve months immediately preceding the event giving rise to the claim.

The foregoing limitations do not apply to the extent the law prohibits limiting liability, or in cases of fraud or willful or gross misconduct where such limitation is not permitted.

17. Indemnification

To the extent permitted by law, you agree to indemnify WinBerry, its officers, employees, and providers against claims, losses, and reasonable costs arising from your user content, your breach of these Terms, your infringement of a third party's rights, or your unlawful use of the outputs, to the extent you are responsible for the cause of the claim.

18. Changes to These Terms

These Terms may be amended to reflect changes in the service, plans, or applicable law. We will update the “last updated” date, and for material changes we will provide appropriate notice via email or within the platform before they take effect, when required. If you do not agree to an amendment, you may cancel your renewal or stop using the service before it takes effect.

19. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Kingdom of Saudi Arabia, subject to any mandatory provisions applicable in the user's country. The parties shall first seek to resolve any dispute amicably within a reasonable period; failing that, the competent courts of the Kingdom of Saudi Arabia shall have jurisdiction, unless applicable law requires a different venue or jurisdiction.

20. General Provisions

  • Severability: if any provision becomes invalid or unenforceable, the remaining provisions remain in effect.
  • No waiver: failure to exercise any right does not constitute a waiver of that right.
  • Assignment: the user may not transfer their rights or obligations without written consent, and WinBerry may transfer this agreement to an affiliate, legal successor, or in connection with a sale or corporate reorganization, while protecting the user's rights.
  • Force majeure: neither party is liable for delay resulting from events beyond its reasonable control, while making efforts to minimize the impact.
  • Entire agreement: these Terms, the Privacy Policy, the Refund & Cancellation Policy, and any enterprise order form constitute the entire agreement. If a signed enterprise contract conflicts with these Terms, the contract's provisions prevail to the extent of the conflict.

21. Contact Us

Entity: WinBerry LLC | Email: support@winberryad.com | Website: winberryad.com | Address: 30 N Gould St, Ste R, Sheridan, WY 82801, USA | Registration No.: 2026-002013687