Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and Berk ("Berk", "we", "us", or "our") governing your access to and use of the Berk mobile application, website, and related services (collectively, the "App" or "Service"). Berk provides a global ski and snowboard community platform featuring GPS run tracking, trail replay, social feeds, user-generated content sharing, buddy and messaging features, an AI-assisted coaching tool, and optional paid features. By downloading, accessing, registering for, or using the App, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the App.

1. Eligibility and Age Restrictions

Berk is intended solely for adult users.

• You must be at least 18 years of age to create an account, access, or use the App. By using Berk, you represent and warrant that you are 18 years of age or older and have the legal capacity to enter into these Terms.
• If we become aware, or have reason to believe, that a User is under the age of 18, we reserve the right to immediately suspend or terminate that account and delete associated data, in accordance with our Privacy Policy.
• You may not use the App if you have been previously banned or removed from Berk for violating these Terms or our Community Guidelines.
• You must not use the App if doing so is prohibited by the laws of your country of residence or the jurisdiction from which you access the Service.
• Parents, guardians, or other individuals who become aware that a minor has registered for or is using Berk should contact us immediately at service@berk.love so that we may investigate and take appropriate action.

2. Account Registration and Security

To access most features of Berk, you must create an account.

• You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.
• You are solely responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account, whether or not authorized by you.
• You must notify us immediately at service@berk.love if you suspect any unauthorized access to or use of your account.
• You may not create an account using a false identity, impersonate another person or entity, or create more than one account for abusive, deceptive, or fraudulent purposes.
• We reserve the right to refuse registration, suspend, or terminate any account at our discretion, including where we reasonably believe the information provided is false, misleading, or violates these Terms.

3. Description of the Service

Berk offers a range of features related to skiing, snowboarding, and mountain community engagement, which may be modified, expanded, or discontinued at our discretion.

• GPS-based run tracking, including speed, descent, distance, altitude, and turn statistics, and season-long activity summaries.
• Trail Replay, which generates a visual, interactive reconstruction of a tracked session based on collected location data.
• Community features, including a Friends Feed, Buddies, Rankings, direct messaging, and voice calling between users.
• Pro Shots, a feature for browsing, saving, and posting user-submitted photography and content.
• An AI Ski Coach feature that uses artificial intelligence to respond to user questions regarding technique, gear, training, and safety, subject to Section 10 below.
• Gamification features such as badges, streaks, daily check-ins, and a virtual coin system used to access certain paid features.

4. License Grant and Restrictions

Subject to your compliance with these Terms, Berk grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on a compatible personal device for your own personal, non-commercial use.

4.1 Restrictions

You agree that you will not, and will not permit any third party to:

• Copy, modify, distribute, sell, lease, sublicense, or create derivative works of the App or any portion thereof.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App, except to the extent such restriction is prohibited by applicable law.
• Use any automated system, including bots, scrapers, or spiders, to access the App or extract data without our prior written consent.
• Circumvent, disable, or interfere with security-related features of the App, including features that restrict or monitor use of content.
• Use the App to build a competing product or service, or for any purpose that is unlawful, fraudulent, or harmful to Berk, other users, or third parties.

5. User Conduct and Community Guidelines

You agree to use Berk respectfully and in a manner consistent with a safe, welcoming global community. You agree not to:

• Harass, threaten, bully, defame, stalk, or intimidate any other user.
• Post or transmit content that is unlawful, hateful, discriminatory, sexually explicit, violent, or that promotes self-harm, dangerous activities, or illegal conduct.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity, including Berk.
• Upload false, misleading, or manipulated run-tracking data, ranking data, or achievements with the intent to deceive other users.
• Engage in spamming, phishing, solicitation, or unauthorized commercial activity within the App, including through direct messages or community posts.
• Encourage, glorify, or facilitate reckless or unsafe skiing or snowboarding conduct, including out-of-bounds riding in violation of resort rules, that endangers yourself or others.

Violation of this Section may result in content removal, feature restriction, temporary suspension, or permanent termination of your account, at our sole discretion.

6. User-Generated Content (UGC)

Berk allows you to create, upload, and share photos, videos, posts, comments, and other content ("User Content").

6.1 Content Standards

All User Content must comply with these Terms and our Community Guidelines. Prohibited content includes, without limitation, content that infringes third-party rights, contains malware, depicts illegal activity, or sexualizes or exploits minors in any way.

6.2 Ownership and License

You retain all ownership rights in the User Content you submit. By posting User Content, you grant Berk a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, reproduce, adapt, publish, translate, distribute, and display such content in connection with operating, promoting, and improving the App.

6.3 Representations and Warranties

You represent and warrant that you own or have obtained all necessary rights, licenses, consents, and permissions to post your User Content, and that such content does not infringe or violate the rights of any third party, including intellectual property, privacy, and publicity rights.

6.4 Copyright Complaints

If you believe content on Berk infringes your copyright, please submit a notice to service@berk.love containing sufficient information for us to identify and address the alleged infringement. We will review and respond to valid notices in accordance with applicable law, and may remove infringing content and, where appropriate, terminate the accounts of repeat infringers.

6.5 Content Removal

We reserve the right, but not the obligation, to review, monitor, remove, or disable access to any User Content, at any time and without prior notice, if we believe it violates these Terms, our Community Guidelines, or applicable law.

7. Virtual Currency, In-App Purchases, and Payments

Berk offers optional paid features, including a virtual coin system used to access the AI Ski Coach and other premium functionality, as well as potential subscription tiers.

7.1 Purchases

All purchases of coins, subscriptions, or other digital items ("Virtual Items") are processed through the applicable app store platform (such as the Apple App Store) or authorized third-party payment processors. By making a purchase, you agree to the payment terms presented at the time of purchase, including price, billing frequency, and any applicable taxes.

7.2 Nature of Virtual Items

Virtual Items, including coins, have no monetary value outside of the App, are not redeemable for real currency, and are licensed to you on a limited, non-transferable, non-sublicensable basis for use within the App only. You do not own the Virtual Items; you are granted a limited right to use them subject to these Terms.

7.3 Subscriptions and Auto-Renewal

If you purchase an auto-renewing subscription, it will automatically renew for successive periods at the then-current price unless you cancel at least 24 hours before the end of the current period through your app store account settings. You are responsible for managing your subscription through the platform where it was purchased.

7.4 Refunds

All purchases are final and non-refundable except as required by applicable law or the refund policy of the applicable app store platform. Refund requests for purchases made through the Apple App Store must be submitted directly to Apple in accordance with Apple's refund policies. Berk does not directly process refunds for purchases made through third-party platforms.

7.5 Pricing and Availability Changes

We reserve the right to modify the pricing, availability, or features of Virtual Items and paid features at any time. We will provide reasonable notice of material changes to active subscriptions where required by law.

7.6 Disputes and Fraud

If we determine, in our reasonable discretion, that a purchase was made fraudulently, in error, or in violation of these Terms, we reserve the right to cancel the transaction, revoke associated Virtual Items, and suspend or terminate the associated account.

8. Location Data and Tracking Accuracy

The App's GPS tracking, speed, altitude, and Trail Replay features rely on your device's location services and third-party mapping and positioning technologies.

• You acknowledge that GPS and altitude data may be inaccurate or incomplete due to satellite availability, weather conditions, terrain, device limitations, or network connectivity.
• Berk does not guarantee the accuracy, completeness, or reliability of any speed, distance, altitude, or location data displayed within the App.
• You must not rely on the App as a primary safety, navigation, or avalanche-awareness tool. Always follow official resort signage, ski patrol guidance, and posted safety information.
• You are solely responsible for your own safety and decision-making while skiing, snowboarding, or engaging in any mountain activity, regardless of information displayed in the App.

9. Assumption of Risk

Skiing, snowboarding, and related mountain activities carry inherent risks of serious injury or death, including risks arising from variable terrain, weather, equipment failure, avalanches, collisions, and the actions of other individuals.

10. AI Ski Coach and Automated Content

The AI Ski Coach feature uses artificial intelligence technology to generate responses to user inquiries.

• Responses generated by the AI Ski Coach are provided for general informational and entertainment purposes only and do not constitute professional, medical, safety, or coaching advice.
• AI-generated responses may contain errors, omissions, or inaccuracies. You should independently verify any safety-related or technical information before relying on it.
• Coin charges associated with AI Ski Coach queries are non-refundable once a response has been generated, except as required by applicable law.
• Berk disclaims all liability for decisions made or actions taken in reliance on AI-generated content.

11. Children's Safety and Zero-Tolerance CSAE Policy

Berk maintains a strict zero-tolerance policy toward any content or conduct involving Child Sexual Abuse and Exploitation (CSAE).

• The App is not directed to, and must not be used by, individuals under the age of 18.
• Any User Content, communication, or conduct that sexualizes, exploits, endangers, or victimizes minors is strictly prohibited and will result in immediate account termination.
• We use a combination of automated detection tools, human moderation, and user reporting mechanisms to identify and remove CSAE material and CSAE-related conduct.
• We report confirmed or suspected CSAE material or conduct to the National Center for Missing and Exploited Children (NCMEC) and other applicable law enforcement authorities, as required by law.
• Users may report suspected CSAE or other safety concerns directly within the App or by contacting service@berk.love. All reports are treated with urgency and confidentiality to the extent possible.

12. Intellectual Property Rights

The App, including its design, graphics, logos, trademarks, software, and all content provided by Berk (excluding User Content), is owned by Berk or its licensors and is protected by intellectual property laws.

• The Berk name, logo, and related marks are trademarks of Berk. You may not use these marks without our prior written consent.
• Nothing in these Terms grants you any right, title, or interest in the App or its underlying intellectual property, except for the limited license expressly set forth in Section 4.
• Any feedback, suggestions, or ideas you submit regarding the App may be used by Berk without restriction or compensation to you.

13. Third-Party Services and Integrations

The App may integrate with or link to third-party services, including identity providers, payment processors, mapping services, and AI service providers. Berk is not responsible for the content, accuracy, or practices of any third-party service, and your use of such services is subject to their respective terms and privacy policies.

14. Suspension and Termination

We reserve the right to suspend or terminate your access to the App, in whole or in part, at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms, our Community Guidelines, or applicable law.
• Conduct that we determine, in our sole discretion, to be harmful to Berk, other users, or third parties.
• Extended periods of account inactivity, subject to applicable law.
• Suspected fraudulent, abusive, or illegal activity, including CSAE-related conduct.

You may terminate your account at any time through the App settings or by contacting service@berk.love. Upon termination, your license to use the App will immediately cease, though certain provisions of these Terms, including Sections 6, 9, 10, 12, 17, 18, and 19, will survive termination.

15. Disclaimers of Warranties

THE APP AND ALL CONTENT, FEATURES, AND FUNCTIONALITY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

• Berk does not warrant that the App will be uninterrupted, error-free, secure, or free of harmful components.
• Berk does not warrant the accuracy, reliability, or completeness of any tracking data, AI-generated content, or User Content available through the App.
• Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such cases, our warranties are limited to the minimum extent permitted by applicable law.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BERK AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR PERSONAL INJURY, ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

• Our total aggregate liability for any claim arising out of or relating to these Terms or the App shall not exceed the greater of (a) the amount you paid to Berk in the twelve months preceding the claim, or (b) one hundred United States dollars (USD 100).
• These limitations apply regardless of the legal theory on which a claim is based, whether in contract, tort, strict liability, or otherwise.
• Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so some of the above limitations may not apply to you.

17. Indemnification

You agree to defend, indemnify, and hold harmless Berk and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with: your access to or use of the App; your User Content; your violation of these Terms; your violation of any third-party right, including intellectual property or privacy rights; or your participation in skiing, snowboarding, or related mountain activities.

18. Governing Law and Dispute Resolution

18.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws principles, except to the extent that mandatory consumer protection laws of your country of residence provide otherwise.

18.2 Informal Resolution

Before initiating any formal dispute proceeding, you agree to first contact us at service@berk.love to attempt to resolve the dispute informally. We will attempt in good faith to resolve any dispute within sixty days of receiving notice.

18.3 Arbitration

Except where prohibited by applicable law, any dispute, claim, or controversy arising out of or relating to these Terms or the App that cannot be resolved informally shall be resolved through binding arbitration on an individual basis, rather than in court, except that either party may bring an individual claim in small claims court.

18.4 Class Action Waiver

To the fullest extent permitted by applicable law, you and Berk agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

18.5 Jurisdictional Exceptions

If you reside in a jurisdiction where mandatory local consumer protection law provides for a specific dispute resolution forum or does not permit arbitration or class action waivers, the mandatory provisions of your local law shall apply to that extent, and this Section shall be interpreted accordingly.

19. Modifications to These Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when posted, unless otherwise stated. If we make material changes, we will provide notice through the App, by email, or by other reasonable means, and will update the "Last Updated" date at the top of these Terms. Your continued use of the App after any changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the App.

20. Modifications to the Service

We reserve the right to modify, suspend, or discontinue the App, or any feature or portion thereof, at any time, with or without notice, and without liability to you. We are not obligated to maintain, support, upgrade, or update the App, and features described in these Terms, including AI Ski Coach, Trail Replay, and Pro Shots, may be modified or removed at our discretion.

21. Export Control and Sanctions Compliance

You may not use the App if you are located in a country subject to a United States government embargo, or if you are listed on any United States government list of prohibited or restricted parties. By using the App, you represent and warrant that you are not subject to such restrictions and that you will comply with all applicable export control and economic sanctions laws.

22. Notices

We may provide notices to you through the App, via the email address associated with your account, or by posting a notice on our website. Notices to Berk should be directed to service@berk.love. Notice is deemed given upon transmission for electronic communications.

23. Assignment

You may not assign or transfer these Terms, or any rights or obligations hereunder, without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.

24. Severability and Waiver

If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms shall remain in full force and effect. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

25. Entire Agreement

These Terms, together with our Privacy Policy and any additional terms applicable to specific features of the App, constitute the entire agreement between you and Berk regarding your use of the App, and supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Berk.

26. Contact Information

If you have any questions, concerns, or feedback regarding these Terms or the App, please contact us at:

We aim to respond to all legitimate inquiries within a reasonable timeframe.