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Terms of Service

Last updated: June 2025

1. Acceptance of Terms

By accessing or using the Berry Suite platform ("Service"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you are entering into these Terms on behalf of a school or organization, you represent that you have the authority to do so. If you do not agree to these Terms, do not use the Service.

2. Who May Use Berry Suite

Berry Suite is intended for K-12 schools, their administrators, teachers, students, and parents. Schools must enter into a separate subscription agreement with Berry Suite before granting access to students or parents. Schools are responsible for ensuring that users under their account comply with these Terms.

3. The Service

Berry Suite provides school management software including but not limited to: gradebook, attendance tracking, LMS, messaging, communications, CRM/enrollment, yearbook tools, and website builder. We reserve the right to modify, suspend, or discontinue features at any time with reasonable notice to schools.

4. School Responsibilities

  • Maintain accurate account information
  • Keep login credentials secure and confidential
  • Ensure student and parent data entered into the platform is accurate and properly authorized
  • Comply with all applicable laws including FERPA, COPPA, and state student privacy laws
  • Notify us promptly of any unauthorized account access

5. Prohibited Uses

You may not use Berry Suite to:

  • Violate any applicable law or regulation
  • Upload malware, viruses, or harmful code
  • Attempt to gain unauthorized access to any part of the platform
  • Resell, sublicense, or redistribute the Service without written permission
  • Scrape or extract data from the platform by automated means

6. Intellectual Property

The Berry Suite platform, including all software, design, and content, is owned by Lunchbox EdTech Inc. and is protected by copyright and other intellectual property laws. Schools retain ownership of all school data and student records they input into the Service. We claim no ownership over your data.

7. Payment and Billing

Subscription fees are billed according to the plan selected during enrollment. Fees are non-refundable except where required by applicable law. If a payment fails, we will notify you and provide a grace period before suspending access. Schools in the early access program receive founding pricing that is locked in for the duration of their subscription.

8. Limitation of Liability

To the maximum extent permitted by law, Berry Suite is not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service. Our total liability to you for any claim arising from these Terms shall not exceed the fees paid by your school in the 12 months preceding the claim.

9. Termination

Either party may terminate the subscription with 30 days written notice. We may suspend or terminate your account immediately for material breach of these Terms. Upon termination, schools may export their data within 90 days.

10. Governing Law

These Terms are governed by the laws of the State of New York, without regard to conflict of law principles. Disputes shall be resolved in courts located in New York County, New York.

11. Contact

Questions about these Terms? Email us at hello@berrysuite.xyz.