Service Agreement

BluBerri Press Content House (Pty) Ltd | Version 1.4 | Effective date: 30 July 2026

1. Introduction and Acceptance

This Service Agreement ("Agreement") governs your subscription to the AI-assisted content generation service provided by BluBerri Press Content House (Pty) Ltd (Registration No. 2026/169849/07), trading as BluBerri Press ("BluBerri", "we", "us", "our"), through bluberripress.com and its client Dashboard (the "Service").

This Agreement applies only to paying subscribers. General use of the website is governed by the separate Website Terms of Use at bluberripress.com/terms-of-use.

1.1 How you accept this Agreement

By ticking the acceptance checkbox at the checkout step — "I have read and agree to the Service Agreement, the Refund & Cancellation terms, and the Privacy Policy" — and completing payment, you ("Client", "you") confirm that you have read, understood, and agree to be bound by this Agreement.

Your acceptance is recorded digitally: at the moment of acceptance BluBerri's system logs your client identifier, the timestamp, your IP address, and the version of this Agreement accepted. This log constitutes proof of contract formation and is retained for the duration of your subscription and five years thereafter. If you do not agree, do not proceed with payment.

1.2 Companion documents

This Agreement must be read with: the Privacy Policy (bluberripress.com/privacy), the Refund & Cancellation Policy (bluberripress.com/refunds), which forms part of this Agreement, and the Client Onboarding Brief, sent after your first payment. If there is a conflict: this Agreement prevails over the Refund & Cancellation Policy and the Onboarding Brief; the Privacy Policy prevails on privacy matters (clause 10).

2. Definitions

"Service" — the AI-assisted content generation subscription, including all image, carousel, ad creative, and story-format deliverables, and any add-on services subscribed to separately.
"Subscription" — the monthly recurring engagement selected at signup (Starter, Growth, or Premium tier).
"Content" — all digital deliverables generated by BluBerri on your behalf during the Subscription.
"Feed Content" — Content produced for platform feeds: lifestyle images, ad creative, and carousels.
"Dailies" — story-format Content sized for Instagram Stories, Facebook Stories, and WhatsApp Status, delivered with a posting note suggesting an interactive element and its placement.
"Reprint" — a free regeneration of a delivered piece of Content, requested by you, within your tier's monthly Reprint allowance.
"Brand Profile" — the brand information, product details, visual references, and preferences you provide.
"Weekly Brief" — the proposed content plan issued to you each Friday morning for approval.
"Dashboard" — the client-facing interface for reviewing and downloading Content.
"Billing Cycle" — each monthly period of active Subscription, running from your billing date to the day before the next billing date.
"Service Commencement Date" — the date BluBerri confirms your first payment and your Brand Profile is sufficiently complete for generation to begin.

3. Description of the Service

3.1 Service commencement

Your Subscription begins on the Service Commencement Date. Payment alone does not trigger delivery — your Brand Profile must be at least partially completed. If your Brand Profile is not completed within 7 days of payment, BluBerri will contact you; if nothing is received within 14 days, BluBerri may pause your Subscription and extend your first Billing Cycle accordingly. No refund is due for delays caused by incomplete Brand Profile submission.

3.2 Weekly content delivery

Thursday 5:00pm SAST: trend intelligence runs; the Brief Proposer drafts the week's plan.
Friday morning: your Weekly Brief is issued to you for review. You may approve it as issued or request changes to the proposed plan before generation begins.
Friday end of day: a 24-hour default-approval window applies — if you take no action within 24 hours of the Brief being issued, it is treated as approved.
Saturday–Sunday: Content is generated from the approved Brief.
Monday morning (from 8:00am SAST): your full weekly drop — Feed Content and Dailies — is available in your Dashboard.
Monday–Wednesday: where you subscribe to the Director's Cut add-on (clause 3.5), directed video is added as completed.

3.3 Content tiers

Each tier delivers Content weekly across two lanes: Feed Content (lifestyle images, ad creative, and carousels for platform feeds) and Dailies (story-format assets for Instagram Stories, Facebook Stories, and WhatsApp Status, each delivered with a posting note). Each tier also includes a monthly Reprint allowance.

Starter (R3,500/month): 7 pieces per week — 4 Feed Content pieces and 3 Dailies — and 4 Reprints per month.
Growth (R6,500/month): 11 pieces per week — 6 Feed Content pieces and 5 Dailies — and 8 Reprints per month.
Premium (R12,000/month): 14 pieces per week — 7 Feed Content pieces and 7 Dailies — and 12 Reprints per month.

The format mix within each lane is determined by your approved Weekly Brief. Unused Reprints do not roll over between Billing Cycles. Founding-client arrangements agreed with BluBerri in writing may vary from the standard tier contents; where they do, the written arrangement governs the content scope and this Agreement governs everything else.

3.4 Content types

Feed Content comprises lifestyle images, ad images, and carousels. Dailies comprise story-format ad creative delivered with posting notes. Directed video is available only through the Director's Cut add-on (clause 3.5) and is not included in any tier.

3.5 The Director's Cut (video add-on)

Directed short-form video is available as a separate add-on, from R3,500 per month for 2 directed videos, shot-planned and produced by a human creative director. The Director's Cut is subject to limited monthly availability, is arranged directly with BluBerri, and is invoiced separately from your Subscription. It is not governed by the tier contents in clause 3.3; its scope is agreed in writing at the time of arrangement.

3.6 AI-assisted generation

All Content is generated using artificial intelligence tools, including OpenAI's GPT Image, Higgsfield, and the Anthropic API. BluBerri does not represent that any Content is entirely human-created. Creative direction, brand synthesis, trend intelligence, and quality review are human-supervised; final image outputs are AI-generated, and Director's Cut video is produced under human creative direction using AI production tools. BluBerri's proprietary Synthesizer reads your Brand Profile and produces a complete design specification for each piece before generation.

4. Client Obligations

4.1 Brand Profile accuracy

You are responsible for accurate, complete, up-to-date Brand Profile information. BluBerri accepts no liability for Content that misses expectations where this results from incomplete, inaccurate, or outdated Brand Profile information.

4.2 Brief approval

You agree to review each Weekly Brief promptly. Where you do not respond within 24 hours of a Brief being issued, it is deemed approved and generation proceeds. Edits may be made piece by piece within the window; edits after the window may not be incorporated that week.

4.3 Lawful use of Content

You agree to use Content only for lawful purposes and in compliance with platform terms. You must not use Content to violate law; make false or misleading claims; defame, harass, or harm anyone; infringe third-party IP; or promote illegal products or activities.

4.4 Platform compliance

You are solely responsible for compliance with the advertising policies and community standards of each platform. BluBerri does not guarantee platform approval of any Content. Posting notes delivered with Dailies are suggestions only; applying interactive elements, and compliance of the posted result, remains your responsibility.

4.5 Uploaded materials and other people's information

You warrant that you have the right to use all materials you upload, and that any identifiable person shown in them (for a child, that person's parent or guardian) has consented to the material being used in AI-assisted content generation. This is confirmed by the separate onboarding checkbox and logged. BluBerri may decline to process any uploaded material it reasonably believes breaches this clause.

5. Payment Terms

5.1 Subscription fees

Fees are charged monthly in ZAR at the tier rate selected at signup, exclusive of VAT. Where BluBerri is VAT-registered, VAT is added at the applicable rate and reflected on your invoice.

5.2 Billing and recurring debit

By subscribing you authorise BluBerri and its payment processor PayFast to charge your nominated payment method monthly on or around the same date each month. You are responsible for keeping payment details accurate and funds available.

5.3 Brand Setup fee

A once-off Brand Setup fee of R3,000 applies to new Subscriptions, covering brand onboarding, Brand Profile construction, and account configuration. Where BluBerri waives this fee — including for founding brands during a stated waiver period — the waiver is reflected at checkout or on your invoice, and no Brand Setup fee is charged.

5.4 Failed payments

If a payment fails, BluBerri will notify you by email. Dashboard access and deliveries may be suspended until payment is received. BluBerri may terminate after two consecutive failed attempts. Content generated but undelivered at suspension is held and released on payment.

5.5 Payment processing

Payments are processed by PayFast (PayFast (Pty) Ltd), a South African registered processor. Transaction fees apply and are included in the total charge. By subscribing you accept PayFast's terms (payfast.io/legal). BluBerri does not store your card details. Director's Cut add-on fees are invoiced separately and are payable per the invoice terms.

6. Cancellation and Refunds

6.1 How to cancel

You may cancel your Subscription at any time, without reason and without a cancellation fee, by emailing hello@bluberripress.com from the email address on your account. Cancellation requests are confirmed within one business day. If a self-service cancellation option is made available in your Dashboard in future, it will have the same effect.

6.2 What happens when you cancel

Your cancellation takes effect at the end of your current Billing Cycle. Until then your Subscription remains fully active: you keep Dashboard access and receive any deliveries falling within the paid period. No further charges are made after your cancellation is confirmed. Because you receive the full paid period, no pro-rata refund is due for the remainder of a Billing Cycle already charged.

6.3 Reprints and the Month-One Guarantee

Each tier includes the monthly Reprint allowance stated in clause 3.3. First-month refunds are governed by the Month-One Guarantee set out in the Refund & Cancellation Policy, which forms part of this Agreement.

6.4 Exceptions

In exceptional circumstances — including a material failure by BluBerri to deliver any Content in a given month — BluBerri may offer a credit or partial refund, determined case by case. Raise billing disputes at hello@bluberripress.com.

6.5 Statutory rights (CPA and ECTA)

Nothing in this clause limits any right you may have under the Consumer Protection Act, 68 of 2008, or under section 44 of the Electronic Communications and Transactions Act, 25 of 2002, which gives consumers a seven-day cooling-off right for electronic transactions, subject to the statutory exceptions (including where performance of the service has begun with your consent before the cooling-off period expires).

7. Intellectual Property

7.1 Ownership of delivered Content

Upon receipt of full payment for a Billing Cycle, BluBerri assigns to you full ownership of all Content delivered during that cycle, automatically and without further documentation.

7.2 BluBerri's portfolio rights

BluBerri may use anonymised or de-branded samples for marketing and portfolio purposes unless you object in writing to hello@bluberripress.com. BluBerri will not identify you or your brand without prior written consent.

7.3 Your Brand Profile and uploaded materials

You retain ownership of all uploaded materials. You grant BluBerri a limited, non-exclusive, royalty-free licence to use them solely to generate your Content during your Subscription. The licence terminates automatically on cancellation; stored copies are then deleted per the retention schedule in the Privacy Policy.

7.4 BluBerri's proprietary systems

The Synthesizer, Brief Proposer, Caption Pass, Anti-Repetition System, and all other proprietary systems remain BluBerri's IP. You may not reverse-engineer, reproduce, or replicate them.

7.5 Third-party AI tool terms

Content is generated using third-party AI tools with their own terms governing acceptable use of outputs. BluBerri has structured its use to comply with their commercial usage policies. Material changes affecting your usage rights will be notified per clause 12.

8. Confidentiality

Both parties will treat the other's confidential information with reasonable care and not disclose it without consent. Your Brand Profile, business information, and content plans are confidential to BluBerri and shared only as necessary to deliver the Service (per the Privacy Policy). BluBerri's systems, pricing structures, and client lists are confidential to BluBerri. These obligations survive termination for two years.

9. Limitation of Liability and Disclaimer

9.1 Service provided as-is

The Service is provided "as is" and "as available". BluBerri makes no warranties regarding merchantability, fitness for purpose, or creative accuracy. Subjective dissatisfaction with creative output is not a breach, provided BluBerri used reasonable efforts to reflect your Brand Profile.

9.2 No guarantee of outcomes

BluBerri does not guarantee any advertising or marketing result, engagement, follower growth, or business outcome. The Month-One Guarantee in the Refund & Cancellation Policy relates to delivery and content quality remedies only and does not guarantee any marketing outcome.

9.3 Liability cap

To the maximum extent permitted by law, BluBerri's total liability for any claim will not exceed the total amount paid by you in the two months preceding the event giving rise to the claim.

9.4 Exclusion of consequential loss

BluBerri is not liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, goodwill, or data.

10. Data and Privacy

BluBerri processes your personal information in accordance with POPIA and the BluBerri Privacy Policy (bluberripress.com/privacy). By accepting this Agreement you acknowledge that you have read the Privacy Policy, which explains the lawful bases on which we process your information. Where processing depends on consent (such as marketing), that consent is obtained separately and can be withdrawn at any time. The Privacy Policy forms part of this Agreement and prevails on privacy matters.

11. How BluBerri will communicate with you

Service communications (Brief notifications, delivery notifications, billing receipts, and material-change notices with at least 14 days' notice) are necessary for delivery of the Service and cannot be opted out of while your Subscription is active. Marketing communications are separate, consent-based, and handled under the Privacy Policy.

12. Amendments

BluBerri may amend this Agreement. Material changes — pricing, content volumes, key obligations — carry at least 14 days' written notice to your registered email. Continued use after the effective date constitutes acceptance; the version you accepted is permanently recorded. If you do not agree, cancel before the effective date.

13. Termination by BluBerri

BluBerri may suspend or terminate immediately if you materially breach this Agreement, use the Service or Content unlawfully or harmfully, fail to pay after reasonable notice and two failed attempts, or BluBerri reasonably suspects fraud. On termination for breach no refund is due; delivered, paid-for Content remains yours (clause 7.1); undelivered Content is not released.

14. Governing Law and Dispute Resolution

South African law governs. Disputes go first to good-faith negotiation; if unresolved after 20 business days, either party may refer the matter to mediation or the competent courts of South Africa.

15. General Provisions

Entire agreement: this Agreement, together with the Privacy Policy, the Refund & Cancellation Policy, the Client Onboarding Brief, and any founding-client or add-on arrangement agreed in writing under clauses 3.3 or 3.5, constitutes the entire agreement between you and BluBerri regarding the Service. Severability: if any provision is unenforceable, the rest remain in force. Waiver: failure to enforce a right is not a waiver. Assignment: you may not assign your rights without BluBerri's prior written consent; BluBerri may assign to a successor bound by this Agreement. Force majeure: BluBerri is not liable for failure or delay caused by circumstances beyond its reasonable control, including outages of third-party AI platforms, internet disruptions, or load-shedding; BluBerri will notify you and resume as soon as practicable.

16. Contact

BluBerri Press Content House (Pty) Ltd · hello@bluberripress.com · bluberripress.com