Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and LearningBerry LLC, a Delaware limited liability company doing business as Dripper.AI ("Dripper.ai," "we," "us," or "our"). By accessing or using dripper.ai and all related services, features, and content (collectively, the "Service"), you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you must not access or use the Service.

2. Eligibility

You must be at least 13 years of age to use the Service. If you are between 13 and 17, you may only use the Service with the consent of a parent or legal guardian, and your parent or guardian must agree to these Terms on your behalf. If you are under 13, you may not use the Service.

To become a seller on the marketplace, you must be at least 18 years of age (or the age of majority in your jurisdiction) and able to enter into binding contracts.

3. Accounts

You may sign up using Google OAuth or a magic link sent to your email. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

• You must provide accurate and complete information when creating your account.
• You must not share your account with others or allow unauthorized access.
• You must notify us immediately if you suspect unauthorized use of your account.
• We reserve the right to suspend or terminate accounts that violate these Terms.

4. The Service

Dripper.ai provides:

• Design studio: AI-powered design tools for creating images and applying them to physical products.
• Product catalog: A selection of print-on-demand products (apparel, accessories, home goods, and more).
• Marketplace: A platform where sellers can list, display, and sell their designed products to buyers.
• Seller storefronts: Customizable storefronts with custom domains, branding, and analytics.
• Print-on-demand fulfillment: Orders are produced and shipped by our fulfillment partner, Printful.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We are not liable for any modification, suspension, or discontinuation of the Service.

5. AI-Generated Content

5.1 Ownership

You own the AI-generated images you create using the Service, subject to these Terms. You grant us a non-exclusive, worldwide, royalty-free license to host, display, reproduce, and distribute your AI-generated content solely for the purpose of operating the Service (e.g., displaying designs in your store, generating product mockups, fulfilling orders, and featuring content in marketing materials).

5.2 Non-Exclusivity

AI-generated content is produced by machine learning models that may generate similar or identical outputs for different users using similar prompts. You acknowledge that AI-generated content is non-exclusive, and other users may independently create similar designs. We make no guarantees of uniqueness.

5.3 AI Limitations

AI-generated content may occasionally produce unexpected, inaccurate, or inappropriate results. You are solely responsible for reviewing all AI-generated content before using it in products, listings, or any other context. We are not liable for any claims arising from AI-generated content.

5.4 Third-Party AI Providers

AI generation is powered by third-party providers (including Google, OpenAI, and Stability AI). Your use of AI features is also subject to those providers' terms of service. We are not responsible for changes to or limitations imposed by third-party AI providers.

6. User Content & Intellectual Property

6.1 Your Content

You retain ownership of all content you upload, create, or generate using the Service ("User Content"), including designs, images, text, and product listings.

By posting User Content on the Service, you grant us a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, modify, display, and distribute your User Content for the purpose of operating, promoting, and improving the Service. This includes displaying your content in search results, marketing materials, social media, and promotional campaigns. This license survives termination of your account only for content that has been incorporated into completed orders.

6.2 Your Representations

You represent and warrant that:

• You own or have the necessary rights and permissions for all User Content you upload or create.
• Your User Content does not infringe the intellectual property rights, privacy rights, or other rights of any third party.
• Your User Content complies with all applicable laws and these Terms.

6.3 Our Intellectual Property

The Service, including its design, features, code, branding, logos, and documentation, is owned by LearningBerry LLC and protected by intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works based on the Service without our prior written consent.

7. Marketplace & Seller Terms

7.1 Becoming a Seller

To sell products on Dripper.ai, you must apply for a seller account, provide required verification information (including tax documentation), and agree to these Seller Terms. We reserve the right to approve or deny seller applications at our sole discretion.

7.2 Platform Fees

Dripper.ai charges a platform fee on each sale, calculated as a percentage of the sale price minus production costs. The fee rate depends on your seller tier:

The exact fee rate will be displayed in your seller dashboard. We reserve the right to modify fee structures with 30 days' advance notice.

7.3 Payouts

• Seller earnings are calculated per sale as: sale price minus production cost minus platform fee.
• Earnings become available for payout after a hold period (currently 7 days from order fulfillment).
• The minimum payout threshold is $25 USD (configurable in your seller settings).
• Payouts are processed via Stripe Connect. You are responsible for providing accurate payout information.
• You are solely responsible for reporting and paying any applicable taxes on your earnings.

7.4 Seller Obligations

• Provide accurate product descriptions, pricing, and images.
• Ensure all listings comply with these Terms and applicable laws.
• Maintain accurate tax documentation (W-9 or W-8BEN as applicable).
• Not manipulate reviews, sales counts, or any marketplace metrics.
• Not list products that infringe intellectual property rights or violate our Prohibited Content policy.

7.5 Listing Moderation

We reserve the right to review, remove, or delist any product listing at our sole discretion, including listings that violate these Terms, infringe third-party rights, or are flagged by our moderation tools. Repeated violations may result in seller account suspension or termination.

8. Purchases & Payments

All purchases are processed through Stripe. By making a purchase, you agree to Stripe's terms of service. All prices are displayed in the applicable currency and include applicable product costs. Shipping costs are calculated and displayed at checkout.

Orders are fulfilled by our print-on-demand partner, Printful. Production and shipping times vary by product type and destination. Estimated delivery times are provided at checkout but are not guaranteed.

Currently, we ship to the United States, Canada, United Kingdom, Spain, France, Germany, Italy, and Portugal. Additional countries may be added over time.

9. Refund & Return Policy

Because all products are custom-printed on demand, we generally cannot accept returns or issue refunds for change of mind. However, we will gladly assist in the following situations:

• Defective products: Items with printing defects, color issues, or manufacturing errors.
• Damaged in shipping: Items that arrive damaged during transit.
• Wrong item: If you receive an item different from what you ordered.

To request a refund or replacement, contact us at support@dripper.ai within 30 days of receiving your order. Please include your order number and photos of the issue. We will review your request and provide a replacement or refund at our discretion.

Refunds are processed to the original payment method and may take 5-10 business days to appear on your statement.

10. Prohibited Content & Conduct

You may not use the Service to create, upload, sell, or distribute content that:

• Is sexually explicit, pornographic, or obscene.
• Promotes hate, discrimination, or violence against any individual or group.
• Glorifies or promotes violence, terrorism, or self-harm.
• Infringes trademarks, copyrights, or other intellectual property rights of third parties.
• Uses celebrity names, likenesses, or personas without proper authorization.
• Contains defamatory, harassing, threatening, or abusive material.
• Is fraudulent, deceptive, or misleading.
• Violates any applicable law or regulation.

You also agree not to:

• Use automated tools, bots, or scrapers to access the Service (except our public embed widget).
• Attempt to bypass rate limits, security measures, or access controls.
• Reverse-engineer, decompile, or disassemble any part of the Service.
• Use the Service to send spam, unsolicited messages, or phishing attempts.
• Interfere with or disrupt the integrity or performance of the Service.
• Create multiple accounts to circumvent bans or abuse free-tier limits.

We reserve the right to remove any content and suspend or terminate any account that violates this section, at our sole discretion and without prior notice.

11. DMCA & Copyright

We respect intellectual property rights and expect our users to do the same. If you believe that content on the Service infringes your copyright, you may submit a takedown notice under the Digital Millennium Copyright Act (DMCA).

11.1 Filing a DMCA Notice

Your notice must include:

• A description of the copyrighted work you claim has been infringed.
• A description of the infringing material and its location on the Service (URL or other identifier).
• Your contact information (name, address, phone number, email).
• A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law.
• A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner.
• Your physical or electronic signature.

11.2 Designated Agent

Send DMCA notices to our designated agent:

11.3 Counter-Notification

If you believe your content was removed in error, you may submit a counter-notification containing your contact information, identification of the removed content, a statement under penalty of perjury that you believe the removal was a mistake, and consent to jurisdiction in the federal courts of your district. We will process counter-notifications in accordance with the DMCA.

11.4 Repeat Infringers

We maintain a policy of terminating accounts of users who are repeat copyright infringers, in appropriate circumstances and at our sole discretion.

12. Subscriptions & Credits

12.1 Subscription Plans

We offer subscription plans that provide enhanced features, additional credits, and premium capabilities. Subscriptions are billed on a recurring basis (monthly or annually) through Stripe. You authorize us to charge your payment method at the start of each billing period.

12.2 Credits

AI generations and certain features consume credits. Credits are allocated based on your subscription tier and reset each billing period. Unused credits do not roll over to the next billing period.

12.3 Cancellation

You may cancel your subscription at any time. Upon cancellation, your subscription will remain active until the end of the current billing period. No partial refunds are issued for unused portions of a billing period. After cancellation, your account will revert to the free tier with its associated limitations.

13. Termination

We may suspend or terminate your account, at our sole discretion, for any reason, including but not limited to:

• Violation of these Terms or our Prohibited Content policy.
• Fraudulent, abusive, or illegal activity.
• Repeated copyright infringement.
• Extended period of inactivity.
• At your request (account deletion).

Upon termination, your right to use the Service ceases immediately. For seller accounts, pending payouts for completed and fulfilled orders will be processed according to the standard payout schedule, subject to any holds for disputes or chargebacks.

You may delete your account at any time through your account settings. See our Privacy Policy for details on what data is deleted and retained upon account deletion.

14. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Without limiting the foregoing, we do not warrant that:

• The Service will be uninterrupted, error-free, or secure.
• AI-generated content will be accurate, appropriate, unique, or free of defects.
• Products will match mockup previews exactly (colors, placement, and sizing may vary in print production).
• The Service will meet your specific requirements or expectations.
• Any defects in the Service will be corrected.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LEARNINGBERRY LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100 USD).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

16. Indemnification

You agree to indemnify, defend, and hold harmless LearningBerry LLC and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service or violation of these Terms.
• Your User Content, including any claim that your content infringes third-party rights.
• Products you sell through the marketplace, including product liability claims.
• Your violation of any applicable law or regulation.

17. Dispute Resolution & Arbitration

17.1 Informal Resolution

Before filing any formal proceeding, you agree to first attempt to resolve any dispute informally by contacting us at support@dripper.ai. We will try to resolve the dispute within 60 days.

17.2 Binding Arbitration

If the dispute is not resolved informally, you and Dripper.ai agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will be conducted in Miami-Dade County, Florida, or at another mutually agreed location, or remotely via videoconference.

The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

17.3 Small Claims Exception

Notwithstanding the above, either party may bring an individual action in small claims court for disputes within the court's jurisdictional limits.

17.4 Class Action Waiver

YOU AND DRIPPER.AI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class or representative proceeding.

17.5 Opt-Out

You may opt out of this arbitration agreement by sending written notice to support@dripper.ai within 30 days of first accepting these Terms. Your notice must include your name, email address, and a clear statement that you wish to opt out of the arbitration agreement.

18. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law principles. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, and you consent to the personal jurisdiction of such courts.

19. Changes to These Terms

We may revise these Terms at any time by posting an updated version on this page and updating the "Last updated" date. For material changes, we will provide at least 30 days' notice via email or a prominent notice on the Service before the changes take effect.

Your continued use of the Service after the revised Terms take effect constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must stop using the Service.

20. General Provisions

• Entire agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Dripper.ai regarding the Service.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.
• Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
• Force majeure: We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, pandemics, labor disputes, government actions, or internet outages.
• Headings: Section headings are for convenience only and have no legal effect.

21. Contact Us

If you have questions about these Terms of Service, please contact us: