Last updated: 28 May 2026

These terms apply to the use of BerryPath by business customers. By creating an account, starting a trial, choosing a plan or using the service, you accept these terms on behalf of your organisation.

1. Parties

Sidworks, trading under the name BerryPath, provides the service and is established in the Netherlands.

Our company website is www.sidworks.nl. You can contact us through the contact form on the BerryPath website: https://www.berrypath.eu/contact.

2. Business use

BerryPath is intended for businesses and professional organisations. Consumer law, including statutory consumer withdrawal rights, does not apply to business agreements.

The person creating an account or choosing a plan confirms that they are authorised to bind the organisation.

3. The service

BerryPath is a SaaS service for building, publishing and managing interactive advice flows, product data, matching, styling, analytics and Flow widgets.

We may change, improve or adjust parts of the service. We do this carefully and try to communicate important changes in time when they affect normal use.

The service supports the customer's own commercial process. It does not replace the customer's responsibility for product information, sales claims, legal notices, customer communication, suitability checks or decisions made by visitors.

4. Account and access

You are responsible for:

• Correct account, company and billing details.
• Managing team members, roles and permissions.
• Strong passwords, 2FA where available and secure access.
• Everything that happens within your account, unless it is clearly caused by our fault.

You may not share account access outside your organisation or bypass security measures.

5. Trial and subscription

A trial gives temporary access to the service under the selected or default trial settings. After the trial ends, access may be limited until a paid plan has been selected and paid.

Paid plans run monthly or yearly, depending on the selected billing interval. The active plan determines, among other things, the number of active advice flows and product capacity.

Upgrades may start immediately or at an agreed time. Downgrades and cancellations normally take effect at the end of the current billing period. Access remains open until the end of the period that is already active and paid.

6. Payment and invoices

Prices are shown for business use excluding VAT unless stated otherwise. The checkout amount may be charged including VAT.

You pay through the offered payment method. If payment fails or remains unpaid, we may limit access, pause the subscription or terminate the agreement after giving a reasonable opportunity to resolve the issue.

Paid periods are not refunded, unless we confirm this in writing or the law requires it.

7. Product data, flows and media

You remain the owner of the data and content you place in BerryPath, such as product feeds, flow text, media, translations and styling. You give us the right to process this data to provide, secure and improve the service.

You are responsible for the accuracy, lawfulness and quality of your data. You may not upload data that is unlawful, infringes third-party rights, contains harmful code or does not fit the service.

Product feeds should use the same product identity when you offer multiple locales. Locale fields may change visible text or links, but must not cause misleading or fraudulent recommendations.

You are responsible for checking product titles, prices, availability, labels, claims, recommendations, translations, media, links and other visible output before publishing or embedding a Flow widget.

Recommendations, scores, labels and product matches are generated from the data, rules, weights, styling and settings configured by you. We do not guarantee that a recommendation is complete, suitable for a specific visitor, commercially optimal, legally compliant or free from mistakes. You remain responsible for the products you sell, the claims you make and the information shown to visitors.

8. Flow widget and customer websites

You may place published Flow widgets on websites and domains that belong to your organisation or for which you have permission.

You are responsible for the information you provide to visitors about the use of the Flow widget, cookies, browser storage, analytics and any personal data processed through your website.

You are responsible for your own website, webshop, consent mechanism, cookie notice, privacy notice, analytics setup, product pages, checkout, fulfilment, customer service and any communication with visitors or customers. If you enable external tracking or connect the Flow widget to analytics already installed on your website, you are responsible for the legal basis, consent where required and correct implementation.

We may apply technical measures to prevent misuse, overload or unauthorised embeds.

9. AI features

When AI features are available, you may use them for translations or draft text. AI output may contain errors. You remain responsible for reviewing, publishing and using AI output.

Do not place special category data, payment card data, medical data, trade secrets or other sensitive or confidential data in AI prompts or fields that you process with AI unless you have appropriate arrangements, security measures and legal bases in place.

AI output is not legal, financial, medical, technical safety or product compliance advice. You must review AI output before using it in a flow, product feed, translation, recommendation or customer-facing message.

10. Availability and support

We make reasonable efforts to keep the service available, secure and usable. Maintenance, incidents, updates, network issues or force majeure may temporarily affect availability.

Support is provided according to the plan and available support channels. We respond practically and as quickly as reasonably possible.

11. Acceptable use

You may not use BerryPath for:

• Illegal, misleading, discriminatory or harmful activities.
• Spam, phishing, malware, scraping or disruption of systems.
• Bypassing limits, security, tenant isolation or payment obligations.
• Processing data for which you do not have a lawful basis.
• Creating competing copies or reverse engineering except where mandatory law allows it.

In case of serious misuse, we may immediately restrict or block access.

12. Customer indemnity

You indemnify us against claims, fines, damages, costs and expenses from third parties, visitors, customers, authorities or rightsholders arising from:

• Your data, content, product feeds, media, labels, translations, links, claims or instructions.
• Products, services, prices, availability, warranties, returns, delivery, fulfilment or customer service offered by you.
• The publication, placement, configuration or use of a Flow widget on your website.
• Your cookie, analytics, consent, privacy or e-commerce obligations.
• Infringement of intellectual property, privacy, consumer, advertising or product compliance rules by your data, website or use of the service.
• Use of AI output, recommendations or product matches without adequate review by you.

This indemnity does not apply to the extent a claim is caused by our intentional misconduct or deliberate recklessness.

13. Intellectual property

All rights to BerryPath, the software, design, documentation, technical operation and brand assets remain with Sidworks or our licensors.

You keep the rights to your own customer data and content. We may use feedback or suggestions to improve the service without compensation or obligation.

14. Confidentiality

Both parties handle confidential information carefully and use it only for performing the agreement. This obligation does not apply to information that is already public, was lawfully known or must be disclosed by law.

15. Data processing terms

For personal data we process on your behalf in the service, this section acts as a data processing agreement under Article 28 GDPR.

Subject matter and duration

We process personal data while the agreement is active and afterwards as needed for deletion, backups, administration or legal obligations.

Nature and purpose

Processing consists of hosting, storing, importing, showing, securing, analysing and making available account data, flow data, product data, media, analytics and technical data for the SaaS service.

Types of data and data subjects

This may concern account users, team members, support contacts and visitors of customer websites who use an advice flow. The data is described in the privacy statement and depends on what the customer configures in the service.

Instructions

We process personal data only under your instructions, these terms, the settings in the service and legal obligations. If we believe an instruction conflicts with privacy law, we will notify you where possible.

Security and confidentiality

We take appropriate technical and organisational measures and ensure that people with access to personal data are bound by confidentiality.

Sub-processors

You give general authorisation for sub-processors needed for hosting, storage, e-mail, payment, security, monitoring, support, anti-abuse and AI features. Categories and examples are described in the privacy statement or other information we make available. We impose comparable privacy obligations on sub-processors. For material changes, we inform you where reasonably possible so you can object.

Assistance with rights and obligations

We reasonably assist you with data subject requests, data breaches, security, DPIAs and supervisory authority questions, to the extent the information is available to us and this reasonably fits within the service.

Data breaches

We notify you of a data breach affecting your personal data without undue delay after becoming aware of it. We provide available information so you can assess your own notification duties.

Deletion and return

After the agreement ends, we delete or return personal data on your request, unless legal retention duties, backups or legitimate interests require temporary retention.

Audit

We provide information on reasonable request to demonstrate compliance with these processing terms. Audits must be reasonable, agreed in advance, proportionate and confidential.

16. Liability

To the extent permitted by law, our total liability per event or related series of events is limited to the amount you paid for the service in the three months before the event causing the damage.

We are not liable for indirect damage, consequential damage, lost revenue, lost profit, lost savings, loss of goodwill, reputational damage, loss of data, loss of customers, business interruption or damage caused by products, customer websites, third-party systems, AI output, analytics, tracking, recommendations or choices visitors make based on recommendations, unless mandatory law provides otherwise.

We are not liable for damage caused by incorrect, incomplete or outdated customer data, product feeds, prices, labels, media, translations, rules, weights, styling, publication settings, external scripts or website implementations.

This limitation does not apply to intent or deliberate recklessness by our management.

17. Force majeure

We are not liable for delay or failure caused by circumstances outside our reasonable control, such as hosting provider outages, payment provider issues, e-mail provider issues, AI provider issues, third-party API changes, network issues, power outages, cyberattacks, government measures, strikes or natural disasters.

18. Term and termination

The agreement runs while your account or subscription is active. You can cancel the subscription through the application or through support. Cancellation stops future renewals; access normally remains open until the end of the current billing period.

We may terminate the agreement or restrict access in case of misuse, structural non-payment, breach of these terms or risk to the service or other customers.

19. Changes

We may change these terms. For important changes, we inform you in advance or in the application. If you continue using the service after the change, the new terms apply from the announced date.

20. Governing law

These terms and the agreement are governed by Dutch law. Disputes are submitted to the competent court in the Netherlands, unless mandatory law provides otherwise.

If translations differ, the Dutch version prevails.

Last updated: 6 July 2026

This privacy statement explains how Sidworks, trading under the name BerryPath, processes personal data when you use BerryPath, the website and the Flow widget. We are established in the Netherlands and process personal data under the General Data Protection Regulation (GDPR).

1. Who we are

Sidworks, trading under the name BerryPath, is responsible for processing account, contact, billing, security and website data.

We have not appointed a Data Protection Officer. Privacy questions can be sent to the contact address above.

For data of visitors who use an advice flow on a customer website, the customer is usually the controller. Sidworks processes that data as processor under the processing terms included in the terms.

2. Data we process

We may process the following data:

• Account data, such as name, e-mail address, company, role, language and login status.
• Team and access data, such as invites, permissions, 2FA settings and security logs.
• Subscription and billing data, such as plan, payment status, invoices, VAT data and invoice contacts.
• Support and contact data, such as messages, e-mail address, name and follow-up.
• Product and flow data entered or uploaded by customers, such as product feeds, flow questions, answers, translations, styling and media.
• Advice flow usage, such as answers, result views, product clicks, session ID, locale, source page, device information and technical events.
• Technical data, such as IP address, user-agent, request logs, error logs, rate-limit data and security signals.
• Website data, such as contact form data, functional cookies, language preference, cookie consent choice, reCAPTCHA signals, analytics events and website interaction data after consent.

Customers must not place special category data, payment card data, medical data or other sensitive data in flows, product feeds or support messages unless they have a valid legal basis and appropriate arrangements in place.

3. Why we use data

We use personal data to:

• Create and secure accounts, based on contract and our legitimate interest in secure access.
• Provide the SaaS service, advice flows, product feeds, publications and Flow widgets, based on contract or the customer's processing instructions.
• Manage teams, support, notifications and service messages, based on contract and legitimate interest.
• Handle billing, payment, subscriptions and administrative obligations, based on contract and legal obligations.
• Protect security, prevent misuse, analyse errors, keep logs and maintain availability, based on legitimate interest and legal obligations.
• Improve the product, analytics and flow performance insight, based on legitimate interest or the customer's processing instructions.
• Respond to visitors who contact us through the website, based on legitimate interest or steps before entering into a contract.
• Send optional communication only where permitted by law or consent.

4. Legal bases

We process data on the basis of:

• Performance of a contract, for accounts, subscriptions, support and delivery of the service.
• Legal obligation, for administration and tax data.
• Legitimate interest, for security, logging, fraud prevention, product improvement and business communication.
• Consent, where required, for certain optional features or communication.
• Processing instructions, when we process customer data on behalf of a customer.

Our legitimate interests are keeping the service secure and reliable, preventing abuse, improving the product, supporting customers and protecting our legal and business position. We do not use these interests for unexpected marketing tracking on the public website.

5. Cookies and similar technologies

We use functional and security-focused cookies or browser storage. Examples include sessions, CSRF protection, language settings, registration drafts, 2FA flows and public flow sessions. These are needed for the website and service to work securely.

On the public website, the Google tag uses Google Consent Mode. Before you accept analytics cookies, analytics storage is denied and analytics scripts for Google Analytics and Microsoft Clarity are not loaded. If you decline, analytics cookies stay disabled. If you accept, analytics cookies are enabled for Google Analytics and Microsoft Clarity. Your choice is stored in browser storage so we do not have to ask again on every page. You can reset this choice by clearing browser storage for the website.

When analytics cookies are accepted, Google may process technical information such as page URL, browser and device information, approximate location, IP address and interaction events. Microsoft Clarity may process page views, clicks, scrolling behavior, technical page behavior, browser and device information, approximate location, IP address, heatmaps and session recordings with privacy-sensitive fields masked where possible. We use this to understand how the website is used and to improve the website. We do not use website analytics for advertising or retargeting.

To protect against misuse, Google reCAPTCHA v3 may be used. Technical signals can be sent to Google to assess whether a request is likely legitimate.

The Flow widget may use local storage or session data to keep a flow running smoothly, retain progress, measure analytics and show recommendations. The customer embedding the Flow widget is responsible for informing visitors and obtaining consent where required.

When a workspace owner enables external tracking for a Flow widget, interaction events can be sent to the analytics setup already installed on that website. The customer is responsible for the legal basis, consent where required and the information shown to visitors.

6. AI, payments and service providers

We may use specialised providers for parts of the service, such as:

• Hosting, infrastructure and storage providers.
• E-mail and transactional delivery providers.
• Payment and invoicing providers.
• Website analytics providers, such as Google Analytics and Microsoft Clarity.
• Logging, monitoring, security and anti-abuse providers.
• AI providers for translation or draft text when AI features are used.
• Support, administration and business tooling providers.

When AI features are used, flow texts or product fields may be sent to an AI provider to create translations or draft text.

We share only the data needed for the relevant service. We enter into appropriate agreements with processors. Payments are handled through a payment provider; we do not store full payment card details.

7. Transfers outside the EEA

Some providers may process data outside the European Economic Area. If this happens, we use appropriate safeguards, such as standard contractual clauses, additional security measures or a valid adequacy decision.

8. Retention

We do not keep data longer than necessary:

• Account and subscription data is kept while the account is active and afterwards as needed for administration, support or legal obligations.
• Invoice and administration data is usually kept for 7 years because of tax rules.
• Security logs, technical logs and error logs are kept as briefly as practical for security and error analysis, normally no longer than necessary for operations, unless longer retention is needed for investigation, abuse prevention or legal defence.
• Import logs and detail logs may be kept briefly and cleaned up automatically.
• Support and contact messages are kept as long as needed for follow-up and the customer relationship.
• Customer data in flows, product feeds and media remains available while the customer uses the service or until the customer deletes it, subject to backups and legal duties.
• Backups are kept temporarily and overwritten on a rolling basis, unless a longer period is needed for security, continuity or legal reasons.

9. Security

We take technical and organisational measures to protect data. Examples include access control, tenant isolation, encrypted connections, logging, 2FA, least privilege, backups, rate limiting and security headers. No online service can guarantee complete security, but we actively reduce risks.

10. Your rights

You can ask us for access, correction, deletion, restriction, portability or objection. If processing is based on consent, you can withdraw that consent.

Send your request through the contact form on https://www.berrypath.eu/contact. We may ask for additional information to verify your identity. We usually respond within one month.

If your request concerns data collected by a customer through an advice flow, we may forward your request to that customer or ask you to contact that customer directly.

11. Complaint

You can always contact us with privacy questions. You also have the right to lodge a complaint with the Dutch Data Protection Authority via autoriteitpersoonsgegevens.nl.

12. Changes

We may update this privacy statement when the service, law or our way of working changes. The latest version is always available on the website and in the application.