Terms of Service

Last updated May 27, 2026

These terms are a starting template. The Berchtold Group reviews them periodically; the version in force is the one published at this URL on the date you accepted it. Material changes are announced in-app and by email.

1. Acceptance

By creating an account on the Berchtold platform (the “Service”), you agree to these Terms of Service (“Terms”) and our Privacy Policy. If you are accepting on behalf of a company or other legal entity, you represent that you have authority to bind that entity. If you do not agree, do not create an account.

2. The Service

The Service provides brand-operations tooling — including brand configuration storage, content validation, agent automations, and connected integrations with third-party platforms (e.g., Stripe, Google Analytics, Buffer, Mailchimp, WordPress). Features may be added, modified, or removed at our discretion.

3. Accounts and Eligibility

You must be 18 or older to use the Service. You are responsible for safeguarding your credentials and for all activity under your account. Notify us immediately of any unauthorized access. Organizations may have multiple members; the org owner is responsible for managing access within their organization.

4. Subscriptions, Billing, and Refunds

New organizations begin with a 14-day free trial. To continue using the Service after the trial, you must select a paid plan (currently Standard or Pro Unlimited) and provide a payment method.

Subscriptions renew automatically each billing period until canceled. You may cancel at any time from the organization billing page; access continues through the end of the current paid period. Fees already charged are non-refundable except where required by law. Plan changes are prorated automatically by Stripe.

Pricing is shown and billed in USD. Taxes (sales tax, VAT, GST) are applied automatically based on the billing address you provide and our registered tax jurisdictions.

5. Acceptable Use

You agree not to:

Use the Service to violate any law or regulation.
Upload or generate content that is unlawful, infringing, defamatory, harassing, or that contains malware.
Attempt to access another organization's data or interfere with the Service's operation.
Reverse-engineer, decompile, or attempt to extract source code from the Service.
Use the Service to send unsolicited bulk communications (“spam”).
Exceed published rate limits or attempt to circumvent them.

6. Customer Content and Intellectual Property

You retain ownership of the content you upload or generate through the Service (“Customer Content”). You grant us a worldwide, non-exclusive, royalty-free license to host, process, and display Customer Content solely to operate the Service for you and your organization.

We retain all rights, title, and interest in and to the Service itself, including all software, designs, and documentation. No rights are granted to you except those expressly stated in these Terms.

7. AI Outputs

Portions of the Service use large language models and other AI systems to generate or validate content. AI outputs are provided as-is — you are responsible for reviewing them before publication. We make no warranty that AI outputs will be accurate, original, or fit for a particular purpose. You should not rely on AI outputs for legal, medical, financial, or other professional advice.

8. Privacy and Data Processing

Our handling of personal data is described in the Privacy Policy. If you process personal data of EU/UK/Swiss residents through the Service, our Data Processing Addendum applies. A counter-signed copy is available from [email protected].

9. Suspension and Termination

We may suspend or terminate your access if you breach these Terms, if your payment method fails repeatedly, or if your use of the Service materially threatens its operation or other users. You may terminate at any time by deleting your organization from the billing page, which cancels your subscription immediately and erases the organization's data.

10. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM. WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY.

12. Indemnification

You will defend, indemnify, and hold us harmless from any claim, loss, or expense arising out of your Customer Content or your violation of these Terms.

13. Changes

We may update these Terms from time to time. Material changes will be announced via email and in-app at least 14 days before they take effect. Continued use after the effective date constitutes acceptance. The version-stamped record of your original acceptance remains in our audit log.

14. Governing Law

These Terms are governed by the laws of the State of Missouri, United States, without regard to its conflict-of-law principles. Any dispute will be resolved in the state or federal courts located in St. Louis County, Missouri, and you consent to the personal jurisdiction of those courts.

15. Contact

Questions about these Terms? [email protected]