berneiz

Terms of Service

Last updated: 10 May 2026 · Effective: 10 May 2026

Operational draft. This document accurately reflects the current product mechanics and is structured to satisfy Apple’s App Store Review Guidelines (in particular 3.1.5(a) on real-world goods and services), the U.S. Federal Trade Commission’s Endorsement Guides, and standard consumer-contract law in our primary jurisdictions. Before public launch the dispute-resolution and liability sections in particular should be reviewed by counsel.

These Terms of Service (“Terms”) form a binding agreement between you (“you”) and V & GARNET, a free-zone company incorporated in Dubai, United Arab Emirates, operating the Service under the “berneiz” brand (“berneiz,” “we,” “us,” or “our”), and govern your access to and use of the berneiz mobile application, the website at berneiz.com, and related services (collectively, the “Service”). By creating an account, accepting an offer, or otherwise using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy.

1. Eligibility

You must be at least 18 years of age and legally capable of entering into a binding contract. By using the Service you represent that all information you submit is accurate, that you are not located in a country subject to a U.S. government embargo, and that you have not been previously suspended or removed from the Service.

2. The Service

berneiz connects creators with brand campaigns. After you sign up and complete onboarding, the Service may offer you a ready-to-publish creative pack consisting of: (a) an AI-generated UGC video (typically a vertical 9:16 clip of roughly 10 seconds featuring a synthesised creator avatar and, optionally, an AI-synthesised voice-over) and/or a legacy AI-generated image carousel of 4–7 slides for campaigns created before our v8 cutover, (b) a suggested caption and hashtags, (c) a unique tracking link or promo code, and (d) the rules of the campaign (e.g. required disclosure, live-time, accepted platforms). If you accept the offer, you may publish the creative on Instagram, TikTok or YouTube and submit the public post URL back to us for verification. Verified posts accrue rewards under the rules described in Section 3.

AI disclosure. UGC videos generated by the Service depict synthesised creator avatars and may include AI-synthesised voice-over. They are not recordings of real people. By accepting an offer that includes a UGC video, you agree to leave any AI-disclosure tag we include in the caption in place when you publish (e.g. “AI-generated avatar / voice-over”) so the post complies with FTC, ASA and equivalent regulatory guidance on AI-generated endorsements.

You decide whether to accept any offer. We do not employ you and these Terms do not create a joint venture, partnership, agency, or employment relationship between you and us.

3. Coins, wallet, and cash-out

3.1 Coins are an internal unit of account

Rewards under the Service accrue in coins, an internal unit of account redeemable through the in-app store for cash payouts (PayPal, Stripe Connect), gift cards, or other items we make available. Coins are not legal tender, not securities, not deposits, and not stored value redeemable for cash or goods provided by anyone other than berneiz. You have no ownership interest in any underlying funds we hold.

3.2 Conversion rate and minimums

  • Coins convert at a fixed rate of 500 coins = US $1.00. We do not change this rate retroactively.
  • The minimum cash-out is $5.00 (2,500 coins). Some payout providers and gift-card vendors may have higher minimums; the in-app store displays the applicable minimum.
  • Coins earned from a verified post enter a 72-hour pending window before becoming available for redemption. During this window we may revoke the coins if the post is deleted, made private, or determined to be fraudulent.

3.3 Payouts

Cash-outs are typically fulfilled within 24 hours of approval; bank-transfer or international payouts may add 0–5 business days depending on the provider. You are responsible for the accuracy of the destination details (e.g. PayPal email, Stripe Connect account) you provide. We are not responsible for funds sent to an incorrect destination that you supplied. Payout-provider fees, currency-conversion fees, or chargebacks may reduce the amount you ultimately receive.

3.4 Inactivity, suspension, and forfeiture

Coins do not expire while your account is active and in good standing. We may forfeit unredeemed coins if your account is suspended for fraud, if you have not logged in for 24 consecutive months, or if a payout provider instructs us to clawback funds following a chargeback or fraud determination.

4. Disclosure and advertising compliance

Many campaigns are paid promotions. You agree that, when posting Service-provided content, you will comply with the U.S. Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising and any analogous rules of your country (e.g. ASA in the UK, ARPP in France, Rospotrebnadzor in Russia, ANJ in France for gambling). The campaign rules will tell you whether disclosure language (e.g. #ad, #sponsored, “Paid partnership with”) is mandatory; non-compliant posts will be rejected and not rewarded. You are also responsible for following the platform rules of TikTok, Instagram, or any other network where you publish.

5. Acceptable use

You agree not to:

  • create or use more than one account, including for the purpose of farming referral rewards;
  • use bots, automated scripts, view farms, click farms, or purchased engagement;
  • delete, hide, or make private an approved post before the campaign live-window has ended; doing so may trigger reward clawback and the deletion penalty disclosed at offer time;
  • modify a creative pack’s slides or caption beyond what the campaign rules allow;
  • submit content that infringes any third party’s intellectual property, publicity, or privacy rights;
  • post content that is unlawful, hateful, harassing, defamatory, obscene, or that targets minors;
  • attempt to reverse-engineer, decompile, or extract source code from the Service;
  • interfere with the operation of the Service, including by attempting unauthorised access, denial-of-service attacks, or excessive automated requests.

6. Referrals

We pay referral coins on a 3-tier tree (10% / 5% / 2% of the referred creator’s earned coins). To keep referral earnings active you must complete a minimum of three (3) paid posts in the last seven (7) days, or ten (10) paid posts in the last thirty (30) days. Inactive referral pipelines stay locked for a 7-day grace window and then expire. Self-referrals, circular referrals, and incentivised sign-ups outside our program are prohibited and will be reversed.

7. Intellectual property

We and our licensors own the Service, the AI-generated creative packs, the brand designs, and all related intellectual property. We grant you a limited, revocable, non-exclusive, non-sublicensable licence to publish the specific creative pack assigned to you, for the duration of the applicable campaign live-window, on the platforms approved by the campaign. This licence terminates automatically when the live-window ends or your account is suspended.

You retain ownership of any original content you author yourself (e.g. your own caption variant or commentary added to a post). By publishing such content alongside our creative pack you grant us a worldwide, non-exclusive, royalty-free licence to display, reproduce, and quote it for the purpose of operating, marketing, and improving the Service.

8. DMCA / copyright complaints

If you believe content available through the Service infringes your copyright, send a notice that complies with 17 U.S.C. § 512(c)(3) to dmca@berneiz.com. Repeat infringers will have their accounts terminated.

9. Suspension, termination, and clawback

We may suspend or terminate your account at any time, with or without notice, for: violation of these Terms, fraud or suspected fraud, conduct that harms creators, brands, or the Service, instruction from a payout provider, or any legal requirement. Upon termination, all rights granted to you under these Terms cease immediately and unredeemed coins linked to the violating activity may be forfeited.

10. Tax

You are solely responsible for any taxes arising from your use of the Service. If you are a U.S. person and cumulative cash-outs exceed $600 in a calendar year, we will request a Form W-9 and issue a Form 1099-NEC. If you are not a U.S. person we may require a Form W-8BEN or analogous declaration to confirm your status.

11. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BERNEIZ DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT GUARANTEE ANY SPECIFIC EARNING AMOUNT, OFFER AVAILABILITY, OR POST VIRALITY.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER BERNEIZ NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, OR LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE. OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF (a) THE TOTAL AMOUNT YOU EARNED THROUGH THE SERVICE IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM AND (b) US $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS ON LIABILITY; IN THOSE JURISDICTIONS THE DISCLAIMERS AND LIMITATIONS APPLY ONLY TO THE EXTENT PERMITTED BY LAW.

13. Indemnity

You agree to indemnify and hold harmless berneiz from and against any claim, demand, loss, liability, or expense (including reasonable attorneys’ fees) arising out of (a) your violation of these Terms; (b) your violation of any third party’s rights, including intellectual property or privacy rights; (c) your violation of any applicable law, including the FTC Endorsement Guides; or (d) any content you publish through the Service.

14. Apple App Store additional terms

If you obtained the berneiz mobile application through the Apple App Store, the following additional terms apply:

  • These Terms are concluded between you and berneiz only, and not with Apple, Inc. (“Apple”). berneiz, not Apple, is solely responsible for the application and its content.
  • The licence granted to you for the application is limited to a non-transferable licence to use the application on any Apple-branded products that you own or control, as permitted by the Usage Rules in the App Store Terms of Service.
  • Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the application.
  • In the event of any failure of the application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the application; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the application.
  • berneiz, not Apple, is responsible for addressing any user or third-party claims relating to the application or the user’s possession or use of it, including (i) product liability claims, (ii) any claim that the application fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer-protection or similar legislation.
  • Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you.
  • You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

15. No in-app purchases for digital goods

The Service does not sell any digital goods or services consumable solely within the application. All payments made through the Service are cash-out payouts to you for real-world activity (publishing a verified post). Payouts are processed by Stripe Connect, PayPal Payouts, or comparable payout providers in accordance with Apple App Store Review Guideline 3.1.5(a) (Goods and Services Outside of the App). No Apple In-App Purchase is required for any feature of the Service.

16. Governing law and dispute resolution

These Terms are governed by the laws of the State of Delaware, U.S.A., without regard to its conflict-of-laws principles. Subject to Section 17, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in Wilmington, Delaware, and you consent to the personal jurisdiction of those courts.

17. Arbitration and class-action waiver (U.S. users)

If you are a resident of the United States, you and berneiz agree that any dispute arising under these Terms will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules, in San Francisco, California, in English. You and berneiz waive any right to a jury trial and any right to participate in a class action, class arbitration, or representative action. You may opt out of this arbitration provision within 30 days of first accepting these Terms by emailing legal@berneiz.com with the subject line “ARBITRATION OPT-OUT” and your account email. Nothing in this Section prevents either party from seeking injunctive relief in court for infringement of intellectual property rights or for breach of confidentiality obligations.

18. Changes to these Terms

We may update these Terms from time to time. Material changes will be communicated via email or in-app notice at least 14 days before they take effect. Your continued use of the Service after the effective date of any change constitutes acceptance of the revised Terms.

19. Miscellaneous

These Terms, together with the Privacy Policy, constitute the entire agreement between you and berneiz regarding the Service and supersede any prior agreements. If any provision is found unenforceable, the remaining provisions remain in full effect. Our failure to enforce a provision is not a waiver of our right to do so later. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of all or substantially all of our assets.

20. Contact

Questions: hello@berneiz.com.
Legal notices: legal@berneiz.com.
Privacy: privacy@berneiz.com.

Terms of Service · berneiz