Privacy Policy

What we collect, how we use it, who we share it with, and the controls you have over your data.

Last updated: January 1, 20255 min read

Terms of Service

1. Introduction

MegaBerry ("we," "our," or "us") respects your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you use our AI image and video generation service ("Service").

Please read this Privacy Policy carefully. By using the Service, you consent to the practices described in this policy.

2. Information We Collect

We collect various types of information to provide and improve our Service.

2.1Information You Provide

  • Account Information: Email, name, password
  • Payment Information: Credit card (via Authorize.net), billing address
  • Prompts: Text prompts for generation
  • Support Communications: Emails, chat messages

2.2Information Collected Automatically

  • Usage Data: Features used, generation history
  • Device Information: Browser type, OS, device ID
  • Log Data: IP address, access times, pages viewed
  • Cookies: Session cookies, preferences

2.3Information from Third Parties

  • OAuth Providers (Google, Discord, etc.): Email, name, profile picture
  • Payment Processor (Authorize.net): Transaction status, partial card info

3. How We Use Your Information

We use your information to:

1. Provide the Service

  • Process your generation requests
  • Manage your account and credits
  • Process payments

2. Improve the Service

  • Analyze usage patterns
  • Develop new features
  • Fix bugs and improve performance

3. Communicate with You

  • Send service notifications
  • Respond to support requests
  • Send marketing (with consent)

4. Ensure Security

  • Detect and prevent fraud
  • Enforce our Terms of Service
  • Protect against abuse

5. Legal Compliance

  • Comply with legal obligations
  • Respond to lawful requests
  • Protect our legal rights

4. How We Share Your Information

4.1Service Providers

We share information with third parties who help us operate the Service:

  • Authorize.net: Payment processing (payment data)
  • DigitalOcean: Infrastructure hosting (all data, encrypted)
  • Cloudflare: CDN, security (IP addresses, traffic data)
  • SendGrid: Email delivery (email addresses)
  • Sentry: Error tracking (technical errors, device info)
  • Google Analytics: Usage analytics (anonymized usage data, device info)

4.2Legal Requirements

We may disclose information if required by law, including:

  • Court orders or subpoenas
  • Government requests
  • To protect safety or rights
  • To report illegal content

4.3Business Transfers

In the event of a merger, acquisition, or sale, your information may be transferred to the new entity.

4.4With Your Consent

We may share information with third parties when you give explicit consent.

4.5We Do NOT

  • Sell your personal information
  • Share your prompts publicly
  • Use your content to train models (unless you opt-in)

5. Data Retention

We retain data for the following periods:

  • Account Data: Until account deletion + 30 days
  • Generated Content: Until deleted by user
  • Payment Records: 7 years (legal/tax requirements)
  • Prompts: 90 days (then anonymized)
  • Log Data: 90 days
  • Deleted Accounts: 30 days (soft delete) for accidental deletion recovery

After retention periods, data is either deleted or anonymized.

6. Your Rights

You have the right to:

  • Access: Request a copy of your data
  • Correction: Update inaccurate information
  • Deletion: Delete your account and data
  • Portability: Export your data in a standard format
  • Object: Opt out of certain processing

6.1European Users (GDPR)

Additional rights under GDPR:

  • Right to restriction of processing
  • Right to withdraw consent
  • Right to lodge a complaint with a supervisory authority
  • Right not to be subject to automated decision-making

Legal Basis for Processing:

  • Contract performance (providing the Service)
  • Legitimate interests (security, improvement)
  • Legal obligations (tax, compliance)
  • Consent (marketing, optional features)

6.2California Users (CCPA)

California residents have additional rights:

  • Right to know what data is collected
  • Right to delete personal information
  • Right to opt out of sale (we don't sell data)
  • Right to non-discrimination for exercising rights

6.3How to Exercise Your Rights

Contact us with your request type, account email address, and verification information. We will respond within 30 days (GDPR) or 45 days (CCPA).

7. Cookies and Tracking

We use the following types of cookies:

  • Essential: Authentication, security (Session)
  • Functional: Preferences, settings (1 year)
  • Analytics (Google Analytics 4): Usage statistics, traffic analysis (2 years)

7.1Managing Cookies

You can control cookies through:

  • Browser settings
  • Our cookie consent banner
  • Opt-out links for analytics

Note: Disabling essential cookies may prevent the Service from functioning.

8. Data Security

We implement industry-standard security measures:

  • Encryption: TLS 1.2+ for data in transit, encryption at rest
  • Access Control: Role-based access, least privilege
  • Authentication: Secure password hashing, optional MFA
  • Monitoring: Intrusion detection, security logging
  • Infrastructure: Managed services with SOC 2 compliance

8.1Incident Response

In case of a data breach:

  • We will investigate promptly
  • Affected users will be notified within 72 hours (GDPR requirement)
  • Relevant authorities will be notified as required by law

8.2Your Responsibilities

You are responsible for:

  • Keeping your password secure
  • Not sharing your account
  • Reporting unauthorized access immediately

9. International Data Transfers

9.1Data Location

Your data may be processed in:

  • United States (primary)
  • European Union (if using EU data centers)

9.2Transfer Safeguards

For international transfers, we use:

  • Standard Contractual Clauses (SCCs)
  • Data Processing Agreements with all providers
  • EU-US Data Privacy Framework certified vendors where applicable

10. Children's Privacy

The Service is not intended for users under 18 years of age. We do not knowingly collect information from children. If you believe we have collected information from a child, please contact us immediately.

11. Third-Party Links

The Service may contain links to third-party websites. We are not responsible for the privacy practices of these sites. We encourage you to review their privacy policies.

12. AI and Generated Content

12.1Prompt Processing

  • Prompts are processed to generate content
  • Prompts may be analyzed for content moderation
  • Prompts are not used to train models without opt-in consent

12.2Generated Content

  • Generated content is stored in your account
  • You control deletion of generated content
  • We do not share your generated content publicly

12.3Model Training (Optional)

If you opt-in to help improve our models:

  • Your prompts and outputs may be used for training
  • Data is anonymized before use
  • You can opt-out at any time in settings

13. Changes to This Policy

We may update this Privacy Policy periodically. We will notify you of material changes by:

  • Email to your registered address
  • Prominent notice on the Service

Your continued use after changes constitutes acceptance.

14. Contact Us

For privacy-related inquiries or general support, please contact us through our contact page or email us at privacy@megaberry.com.