Our Terms and Conditions

Please read these Terms and Conditions carefully before using Berst.io.

These Terms govern your access to and use of the Berst.io website, platform, virtual office rooms, video conferencing services, collaboration features, admin dashboard, related software, integrations, support services, and any other products or services we make available through Berst.io.

By accessing or using Berst.io, creating an account, creating or joining a room, purchasing a subscription, or otherwise using our Services, you agree to be bound by these Terms.

If you do not agree to these Terms, you must not use the Services.

1. Who we are

Berst.io is operated by VideoFacilitator Pty Ltd trading as Berst.io.

In these Terms:

• Berst.io, we, us and our means VideoFacilitator Pty Ltd trading as Berst.io.
• You and your means the person or organisation accessing or using the Services.
• Customer means the person, business, company or organisation that creates, pays for, administers or otherwise controls a Berst.io subscription, workspace, room or account.
• User means any person who accesses or uses the Services, including administrators, team members, invited guests and meeting participants.
• Services means the Berst.io website, platform, virtual rooms, video conferencing services, collaboration features, admin dashboard, account services, payment services, recording or transcription-related features, and any related functionality we provide.
• Website means berst.io and any subdomains, pages, applications or websites operated by or on behalf of Berst.io.
• Customer Content means any data, information, files, names, messages, images, recordings, transcriptions, meeting content, room names, participant details, metadata, logos, materials or other content uploaded, submitted, transmitted, generated or made available by you or your Users through the Services.

2. Eligibility and authority

You may use the Services only if you are legally able to enter into a binding agreement.

If you use the Services on behalf of a company, organisation or other entity, you represent and warrant that:

• you have authority to bind that entity to these Terms;
• the entity agrees to be bound by these Terms; and
• you are responsible for ensuring that all Users under that entity's account comply with these Terms.
• If you create or manage a room, workspace or subscription for an organisation, you are responsible for ensuring that only authorised Users are invited or granted access.

3. Accounts and login details

To access some parts of the Services, you may need to create a verified login or account.

You agree to:

• provide accurate, complete and current account information;
• keep your login details confidential and secure;
• promptly update your account information if it changes;
• not share your login credentials with unauthorised people;
• notify us if you become aware of unauthorised access to your account; and
• take responsibility for activity that occurs under your account, unless caused by our breach of these Terms or applicable law.
• We may require email verification, authentication checks, bot protection, fraud prevention checks or other reasonable security measures before allowing access to some features.

4. Subscriptions, billing and payment

Some Services are provided on a paid subscription basis.

Subscription fees, billing periods, included features and plan limits will be displayed on the Website, in the admin dashboard, on an order page, in an invoice, or otherwise agreed with you in writing.

By purchasing a subscription, you authorise us, or our payment processor, to charge your nominated payment method for the applicable fees, taxes and charges.

You are responsible for ensuring that your payment details are accurate and up to date.

If a payment fails, we may notify you and attempt to process the payment again. If payment remains outstanding, we may suspend or restrict access to the paid Services until the overdue amount is paid.

Unless otherwise stated, prices are in USD and are exclusive of GST, sales tax, VAT and other applicable taxes.

5. Renewals

Unless cancelled before the renewal date, subscriptions automatically renew at the end of each billing period.

Where reasonably practicable, we will send a renewal reminder before an annual subscription renews.

You are responsible for cancelling your subscription before the renewal date if you do not want it to renew.

You can cancel by using the admin dashboard where available, or by contacting us using the contact details in these Terms.

6. Cancellations and refunds

You may cancel your subscription at any time.

There are no cancellation fees or minimum notice periods for cancellation requests unless otherwise agreed in writing.

Cancellation takes effect at the end of the then-current paid billing period unless we tell you otherwise or applicable law requires otherwise.

Except where required by Australian Consumer Law or another applicable law:

• monthly subscription fees are non-refundable;
• renewal payments are non-refundable; and
• annual subscription fees are non-refundable after 15 days from the relevant scheduled payment date.
• If you cancel during a paid subscription period, you may continue to have access to the paid Services until the end of that billing period, unless your access is suspended or terminated under these Terms.
• Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy or protection under Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified.

7. Australian Consumer Law

If Australian Consumer Law applies to your use of the Services, our Services come with guarantees that cannot be excluded under Australian Consumer Law.

To the extent permitted by law, and subject to any non-excludable rights you may have, our liability for a failure to comply with a consumer guarantee in relation to the Services is limited, at our option, to:

• supplying the Services again; or
• paying the cost of having the Services supplied again.
• This clause does not limit any rights or remedies you may have for a major failure or other non-excludable consumer guarantee under Australian Consumer Law.

8. Acceptable use

You must use the Services lawfully, responsibly and in accordance with these Terms.

You must not, and must not allow or encourage anyone else to:

• use the Services for any unlawful, fraudulent, misleading, harmful, defamatory, abusive, harassing, obscene or discriminatory purpose;
• upload, share, transmit or display content that infringes another person's rights;
• misuse meeting links, rooms, accounts or access credentials;
• impersonate another person or misrepresent your identity or authority;
• interfere with, disrupt, overload, reverse engineer, scrape, crawl, probe, scan or compromise the Services;
• introduce viruses, malware, harmful code or other security threats;
• use the Services to send spam, phishing messages, unsolicited marketing, scams or deceptive communications;
• attempt to gain unauthorised access to accounts, rooms, systems, data or infrastructure;
• use the Services in a way that breaches privacy, surveillance, recording, employment, confidentiality or data protection laws;
• use the Services to develop, train or improve a competing product without our written consent;
• use the Services in a way that could damage Berst.io, our Users, our suppliers, our reputation or our infrastructure.
• We may remove content, restrict access, suspend accounts or terminate access where we reasonably believe there has been a breach of this clause.

9. Customer responsibilities

You are responsible for:

• your Users' use of the Services;
• configuring rooms, access permissions and admin settings appropriately;
• deciding who may access your rooms, meetings, recordings, transcriptions and account data;
• obtaining all necessary consents from Users, guests and meeting participants;
• ensuring your use of the Services complies with applicable laws;
• ensuring that Customer Content is lawful and does not infringe third-party rights;
• maintaining your own backups of important business information where appropriate;
• ensuring that your devices, browsers, networks and internet connections are suitable for using the Services.
• If you invite guests or external participants into a Berst.io room or meeting, you are responsible for how that invite is used unless the issue is caused by our breach of these Terms or applicable law.

10. Admin users and organisational accounts

Some accounts may include administrators or authorised users who can manage rooms, subscriptions, settings, Users, access permissions, billing details, recordings, transcriptions or other account features.

If you are a Customer, you are responsible for appointing appropriate administrators and managing their permissions.

We are entitled to treat instructions from an administrator as authorised by the Customer, unless we have been notified that the administrator is no longer authorised and we have had a reasonable opportunity to act on that notice.

If there is a dispute about ownership or control of an account, workspace, room or subscription, we may suspend changes to the account or require evidence of authority before taking further action.

11. Recordings, transcriptions and meeting content

The Services may include or integrate with features that allow meetings to be recorded, transcribed, stored, processed, displayed, downloaded or shared.

You are responsible for ensuring that all meeting participants are properly notified and that all legally required consents are obtained before recording, transcribing or otherwise capturing meeting content.

You must not record, transcribe, store or share meeting content in breach of any law, employment obligation, confidentiality obligation, privacy obligation or participant expectation.

Where recording or transcription features are made available:

• availability may depend on third-party providers, service configuration and technical conditions;
• recordings and transcriptions may not be error-free, complete, accurate or available at all times;
• transcriptions may contain mistakes, omissions or formatting issues;
• meeting files may be stored temporarily and deleted after the applicable retention period;
• administrators or authorised users may be able to access recordings, transcriptions or related metadata through the admin dashboard;
• we may delete expired, inactive, failed or unsupported recordings or transcriptions in accordance with our retention settings, Privacy Policy or operational requirements.
• You should download and securely store any recording or transcription you need to retain before it expires or is deleted.
• Unless otherwise agreed in writing, we are not responsible for any loss arising from your failure to download, retain or back up recordings, transcriptions or meeting content before deletion, except to the extent caused by our breach of these Terms, negligence or breach of applicable law.

12. Customer Content ownership

You retain ownership of Customer Content.

We do not claim ownership of your Customer Content.

You grant us a non-exclusive, worldwide, royalty-free licence to host, store, process, transmit, display, copy, modify, format, back up, secure, analyse and otherwise use Customer Content only to the extent reasonably necessary to:

• provide, maintain, secure and improve the Services;
• operate rooms, meetings, recordings, transcriptions and related features;
• provide support;
• comply with legal obligations;
• investigate misuse, security incidents or service issues;
• enforce these Terms.
• You warrant that you have all rights, permissions and consents necessary to provide Customer Content to us and to allow us to process it as described in these Terms and our Privacy Policy.

13. Berst.io intellectual property

We own or license all rights, title and interest in and to the Services, Website, software, platform design, user interface, technology, code, databases, documentation, graphics, branding, logos, trademarks, product names, content and materials created or supplied by us.

You must not copy, reproduce, modify, adapt, distribute, sell, lease, sublicense, reverse engineer, decompile or attempt to extract the source code of any part of the Services, except to the extent permitted by law or expressly authorised by us in writing.

Using the Services does not transfer any Berst.io intellectual property rights to you.

You may not use our name, logo, branding or trademarks without our prior written consent, except where permitted by law.

14. Feedback

If you provide feedback, suggestions, ideas, comments or recommendations about Berst.io, you grant us permission to use that feedback without restriction or compensation to you.

We may use feedback to improve, modify, market or develop the Services.

This does not affect your ownership of Customer Content.

15. Privacy

We handle personal information in accordance with our Privacy Policy.

Our Privacy Policy explains how we collect, use, disclose, store and protect personal information, including information collected through the Website and Services.

By using the Services, you acknowledge that your personal information will be handled in accordance with our Privacy Policy.

You are responsible for ensuring that any personal information you provide to us, upload to the Services, or collect from Users or meeting participants has been collected and shared lawfully.

16. Third-party services and providers

The Services may rely on, integrate with or include third-party services, infrastructure, platforms or tools.

These may include providers for hosting, infrastructure, video conferencing, payments, analytics, email delivery, security, bot protection, advertising, customer support and other operational functions.

Our current third-party providers include:

Third-party services may be subject to their own terms, privacy policies, service levels, limitations and outages. We are not responsible for third-party services except to the extent required by law or where the issue is caused by our breach of these Terms. We may add, remove or replace third-party providers from time to time.

17. Cookies, analytics and tracking

We may use cookies, pixels, tags, analytics tools and similar technologies to operate the Website, understand usage, improve the Services, support security, measure marketing performance and deliver relevant communications.

Our use of cookies, analytics and tracking technologies is explained further in our Privacy Policy and, where applicable, our cookie notice or consent mechanism.

You can adjust some cookie settings through your browser or available consent tools, but disabling some cookies may affect the functionality of the Website or Services.

18. Service availability and changes

We aim to provide reliable Services, but we do not guarantee that the Services will be uninterrupted, error-free, secure, available at all times or compatible with all devices, browsers, networks or systems.

The Services may be affected by maintenance, updates, third-party outages, internet issues, browser limitations, hardware issues, security incidents, excessive usage, configuration issues or events outside our reasonable control.

We may modify, suspend, discontinue, replace or limit parts of the Services from time to time.

Where a change materially reduces the core functionality of a paid subscription, we will use reasonable efforts to provide notice where practicable.

19. Support

We may provide support through email, online forms, documentation, in-product help, or other channels we make available.

Unless otherwise agreed in writing, we do not guarantee any specific support response time or resolution time.

We may need information from you to investigate support requests, including account details, browser information, device details, logs, screenshots, meeting details or other diagnostic information.

20. Security

We use reasonable technical and organisational measures designed to protect the Services and the information we process.

However, no online service, communication system or storage system can be guaranteed to be completely secure.

You are responsible for:

• using secure passwords;
• protecting your login credentials;
• controlling administrator access;
• configuring access permissions appropriately;
• using secure devices and networks;
• promptly notifying us of suspected unauthorised access or security incidents.
• You must not attempt to test, bypass, weaken or compromise the security of the Services without our prior written consent.

21. Confidentiality

Each party may receive confidential information from the other party in connection with the Services.

Confidential information includes non-public business, technical, financial, product, customer, operational or security information that a reasonable person would understand to be confidential.

A party receiving confidential information must not disclose it except:

• with the disclosing party's consent;
• to its personnel, contractors, advisers or service providers who need to know it and are subject to confidentiality obligations;
• as required by law;
• to enforce these Terms;
• to provide or receive the Services.
• This clause does not apply to information that is publicly available through no breach of these Terms, already known without confidentiality restrictions, independently developed, or lawfully received from a third party.

22. External links

The Website or Services may contain links to external websites, services or resources.

These links are provided for convenience only.

We do not endorse and are not responsible for external websites, their content, their security, their privacy practices, or any goods or services they provide.

You access external websites at your own risk.

23. Linking to Berst.io

You may link to our Website provided that the link is lawful and does not suggest sponsorship, approval, association or endorsement by us where none exists.

We may require you to remove a link to our Website if we reasonably believe the link is misleading, unlawful, harmful to our reputation or otherwise inappropriate.

24. Suspension and termination

We may suspend, restrict or terminate your access to the Services if we reasonably believe that:

• you have breached these Terms;
• you have failed to pay amounts when due;
• your use of the Services creates a security, legal, operational or reputational risk;
• your account has been compromised;
• you are using the Services unlawfully or harmfully;
• we are required to do so by law;
• continuing to provide the Services would expose us, our Users or our providers to risk.
• Where reasonable and practicable, we will provide notice before suspension or termination. However, we may act without notice where urgent action is required to protect the Services, Users, third parties, data, security or legal compliance.
• You may stop using the Services at any time.
• Termination does not affect rights or obligations that accrued before termination.

25. Data retention and deletion

We may retain Customer Content, account information, billing records, logs, recordings, transcriptions and related data for as long as reasonably necessary to provide the Services, comply with legal obligations, resolve disputes, enforce agreements, maintain security, prevent fraud, or as described in our Privacy Policy.

Some content, such as recordings and transcriptions, may be subject to shorter retention periods and may be deleted automatically after expiry.

After cancellation or termination, we may delete or de-identify Customer Content in accordance with our retention practices, Privacy Policy and legal obligations.

You are responsible for exporting or downloading any Customer Content you need before cancellation, expiry or deletion.

26. Disclaimers

To the maximum extent permitted by law, the Services are provided on an “as is” and “as available” basis.

We do not warrant that:

• the Services will meet all of your requirements;
• the Services will be uninterrupted, error-free or completely secure;
• recordings or transcriptions will be accurate, complete or available;
• all defects will be corrected;
• the Services will be compatible with every device, browser, network or system;
• information on the Website will always be accurate, current or complete.
• Information on the Website is provided for general information only and should not be treated as professional advice.
• Nothing in this clause excludes, restricts or modifies any non-excludable guarantee, warranty, right or remedy under Australian Consumer Law or any other applicable law.

27. Limitation of liability

To the maximum extent permitted by law, we are not liable for any indirect, consequential, incidental, special, exemplary or punitive loss or damage, including loss of profits, revenue, goodwill, data, business opportunity, anticipated savings or business interruption.

To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with these Terms or the Services is limited to the total fees paid by you to us for the Services in the 6 months before the event giving rise to the liability.

This limitation does not apply to liability that cannot be excluded or limited under applicable law.

28. Indemnity

You indemnify us against loss, damage, liability, cost or expense we suffer or incur arising from:

• your breach of these Terms;
• your unlawful use of the Services;
• Customer Content you upload, submit, transmit or make available;
• your breach of third-party rights;
• your failure to obtain required consents for recordings, transcriptions, personal information or meeting content;
• your Users' use of the Services, except to the extent caused by our breach of these Terms, negligence or wilful misconduct.
• We will take reasonable steps to mitigate any loss covered by this indemnity.

29. Force majeure

We are not liable for delay or failure to perform our obligations where caused by events beyond our reasonable control.

This may include internet failures, hosting outages, third-party provider failures, cyber incidents, natural disasters, power failures, industrial action, government action, war, pandemic, emergency, or changes in law.

30. Changes to these Terms

We may update these Terms from time to time.

If we make material changes, we will take reasonable steps to notify you, such as by posting the updated Terms on the Website, sending an email, or displaying an in-product notice.

The updated Terms will apply from the date stated in the updated Terms.

If you continue using the Services after the updated Terms take effect, you will be taken to have accepted the updated Terms.

If you do not agree to the updated Terms, you must stop using the Services and may cancel your subscription.

31. Notices

We may send notices to you by email, through the admin dashboard, through the Website, or through the Services.

You are responsible for keeping your contact details up to date.

You may contact us using the following details:

Email: info@berst.io
Business name: VideoFacilitator Pty Ltd trading as Berst.io

32. Governing law and jurisdiction

These Terms are governed by the laws of New South Wales, Australia.

The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts entitled to hear appeals from those courts.

We may seek urgent injunctive or equitable relief in any jurisdiction where necessary to protect our rights, Users, systems, data or intellectual property.

33. General

If any part of these Terms is invalid, unlawful or unenforceable, that part will be read down to the extent necessary or severed, and the remaining parts will continue in force.

Our failure to enforce a right under these Terms does not waive that right.

You must not assign, transfer or novate your rights or obligations under these Terms without our prior written consent.

We may assign, transfer or novate our rights or obligations as part of a merger, acquisition, restructure, sale of assets, change of control, or transfer of the Berst.io business, provided this does not materially reduce your rights under these Terms.

These Terms, together with our Privacy Policy and any order form, invoice, subscription terms or additional terms agreed with you, form the entire agreement between you and us regarding your use of the Services.