These General Terms of Service (“General Terms”) are a legal agreement between you, as a current or prospective customer of Bestie’s services (“you,” “your”) and Boop LLC, dba Bestie, (”Bestie,” “we,” “our” or “us”) and govern your use of Bestie’s services, including mobile applications, websites, software, cloud-based solutions, hardware, and other products and services in the United States of America (collectively, the “Services”). By using any of the Services, you agree to these General Terms and any policies referenced within (“Policies”), including our Privacy Notice (see Section 8) and terms that limit our liability (see Section 19) and require individual arbitration for any potential legal dispute (see Section 22), which are collectively incorporated herein by reference. You also agree to any additional terms specific to Services you use (“Additional Terms”), such as those listed below, which become part of your agreement with us (collectively, the “Terms”). If you are using the Services on behalf of a business, you represent to us that you have authority to bind that business or entity to these Terms, and that business accepts these Terms. You should read all of our Terms carefully.
1. Bestie Account Registration
Provide accurate personal information during registration and keep the information current. We can suspend or terminate your account if you provide incomplete or false information.
You are responsible for all activity on your account.
You must open an account with us (a “Bestie Account”) to use the Services. During registration we will ask you for information which may include but is not limited to your name and other personal information. You must provide accurate and complete information in response to our questions, and you must keep that information current. You are fully responsible for all activity that occurs under your Bestie Account, including for any actions taken by persons to whom you have granted access to the Bestie Account. We reserve the right to change the account type, suspend or terminate the Bestie Account of anyone who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.
2. Revisions, Disclosures and Notices
We can make updates to our terms of service at any time, and we’ll notify you of these updates as appropriate. By continuing to use our services after these updates, you agree to the revised terms.
You also agree to receive notices from us electronically.
We may amend the Terms at any time with notice that we deem to be reasonable under the circumstances, by posting the revised version on our website or communicating it to you through the Services (each a “Revised Version”). The Revised Version will be effective as of the time it is posted but will not apply retroactively. Your continued use of the Services after the posting of a Revised Version constitutes your acceptance of such Revised Version.
You agree to Bestie’s E-Sign Consent. We may provide disclosures and notices required by law and other information about your Bestie Account to you electronically, by posting it on our website, pushing notifications through the Services, or by emailing it to the email address listed in your Bestie Account or that you otherwise provided to Bestie. Electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. Such disclosures and notices are considered received by you within twenty-four (24) hours of the time posted to our website, or within twenty-four (24) hours of the time emailed to you unless we receive notice that the email was not delivered. If you wish to withdraw your consent to receiving electronic communications, contact Bestie Support. If we are not able to support your request, you may need to terminate your Bestie Account.
3. Restrictions
If you want to use our services, you can’t do certain bad things. If we think you are doing these bad things, we have the right to share your information with law enforcement.
Except where prohibited by law, you may not, nor may you permit any third party, directly or indirectly, to:
- export the Services, which may be subject to export restrictions imposed by US law, including US Export Administration Regulations (15 C.F.R. Chapter VII);
- engage in any activity that may be in violation of regulations administered by the United States Department of the Treasury’s Office of Foreign Asset Control (31 C.F.R. Parts 500-599). Prohibited activity includes but is not limited to the provision of Services to or for the benefit of a jurisdiction, entity, or individual blocked or prohibited by relevant sanctions authorities, including but not limited to activities in Iran, Cuba, North Korea, Syria, or the Crimean Region of the Ukraine. If found to be in apparent violation of these restrictions, your account could be terminated and your funds could be held for an indefinite period of time;
- access or monitor any material or information on any Bestie system using any manual process or robot, spider, scraper, or other automated means;
- except to the extent that any restriction is expressly prohibited by law, violate the restrictions in any robot exclusion headers on any Service, work around, bypass, or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services;
- perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use of the Services by our other customers, or impose an unreasonable or disproportionately large load on our infrastructure;
- copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material, information or Services from Bestie;
- use and benefit from the Services via a rental, lease, timesharing, service bureau or other arrangement;
- transfer any rights granted to you under these General Terms;
- use the Services in a way that distracts or prevents you from obeying traffic or safety laws;
- use the Services for the sale of firearms, firearm parts, ammunition, weapons or other devices designed to cause physical harm;
- use the Services for any illegal activity or goods or in any way that exposes you, other Bestie users, our partners, or Bestie to harm; or
- otherwise use the Services except as expressly allowed under these Terms.
If we reasonably suspect that your Bestie Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your Bestie Account, and any of your transactions with law enforcement.
4. Compatible Mobile Devices and Third Party Carriers
We do not warrant that the Services will be compatible with your mobile device or carrier. Your use of the Services may be subject to the terms of your agreements with your mobile device manufacturer or your carrier. You may not use a modified device to use the Services if the modification is contrary to the manufacturer’s software or hardware guidelines, including disabling hardware or software controls—sometimes referred to as “jail broken.”
5. Your Content
You retain all rights to your content when you upload it into our services, but you do give us broad rights to use, modify, display your content in our services. You can see specifics on the rights you grant us below.
Also, anything you provide us or make available to the public through our services must not contain anything that we think is objectionable (e.g., illegal, obscene, hateful or harmful to you, our customers or us). We can remove any content at any time.
The Services may include functionality for uploading or providing suggestions, recommendations, feedback, stories, photos, documents, logos, products, loyalty programs, promotions, advertisements and other materials or information (“Content”).
You grant us and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, irrevocable, perpetual, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Content throughout the world in any media for any reason, including to provide, promote, and/or incorporate into the Services. You retain all rights in your Content, subject to the rights you granted to us in these General Terms. You may modify or remove your Content via your Bestie Account or by terminating your Bestie Account, but your Content may persist in historical, archived or cached copies and versions thereof available on or through the Services.
You will not upload or provide Content or otherwise post, transmit, distribute, or disseminate through the Services any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or Intellectual Property Rights; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with Bestie’s or its partners’ products and services, as determined by us in our sole discretion; or (f) in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Services, or which may expose Bestie, its affiliates or its customers or other persons to harm or liability of any nature.
Although we have no obligation to monitor any Content, we have absolute discretion to remove Content at any time and for any reason without notice. Bestie may also monitor such Content to detect and prevent fraudulent activity or violations of Bestie’s General Terms. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any Content, including any loss or damage to any of your Content.
6. Copyright and Trademark Infringement
We respect the intellectual property rights of others and ask you to do the same. We respond to all valid notices of material infringement on the rights of others by using the Bestie System, and our policy is to suspend or terminate the accounts of repeat infringers.
7. Security
We take security incredibly seriously, but can’t guarantee that bad actors will not gain access to your personal information. You need to do your part by keeping your passwords safe, being smart about who has access to your account and which of your devices can access our services, and letting us know if you think an unauthorized person is using your account.
If there is ever a dispute about who owns your account, we are the decider.
We have implemented technical and organizational measures designed to secure your personal information from accidental destruction, loss, alteration and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You provide your personal information at your own risk.
You are solely responsible for safeguarding your password and for restricting access to the Services from your compatible mobile devices and computer(s). You will immediately notify us of any unauthorized use of your password or Bestie Account or any other breach of security. You will immediately take all reasonable steps to mitigate the effects of a security breach and will cooperate with Bestie and provide all information requested by Bestie to remediate the breach. Any assistance provided by Bestie in relation to a security breach does not in any way operate as acceptance or acknowledgement that Bestie is in any way responsible or liable to you or any other party in connection with such breach.
Notwithstanding Sections 21 and 22, in the event of any dispute between two or more parties as to account ownership, we will be the sole arbiter of such dispute in our sole discretion. Our decision (which may include termination or suspension of any Bestie Account subject to dispute) will be final and binding on all parties.
8. Privacy
Your Personal Information By using any of our Services as a Bestie seller, you acknowledge our data practices that apply to you, as set out in the Bestie Privacy Notice (the “Privacy Notice”). The Privacy Notice explains how Bestie collects, uses and protects the personal information you provide to us where Bestie makes use of your personal data to provide you with the Services or for its own purposes. You are required to familiarize yourself with the Privacy Notice prior to using the Services.
Your Customers’ and Employees’ Personal Information Bestie will process certain of your customers’ or employees’ personal data on behalf of your business as a service provider (“data processor”). In such circumstances, you agree that you will comply with the data protection laws applicable to you and will provide data subjects with information on the processing of their personal information which satisfies the transparency requirements of such data protection laws and which ensures that personal data may be processed fairly, lawfully and in a transparent manner. If you or your business are located in California, Colorado, Connecticut, Utah, or Virginia, please see Section 28.
9. Communications
You consent to us sending messages to your email or mobile devices about your account or our services, which may include marketing. You can opt out of communications in ways that are specific to that communication method, such as by unsubscribing from emails, or replying to text messages with ‘STOP’.
You consent to accept and receive communications from us, including e-mail, text messages, calls, and push notifications to the cellular telephone number you provide to us when you sign-up for a Bestie account or update the contact information associated with your account. Such communications may include, but are not limited to requests for secondary authentication, receipts, reminders, notifications regarding updates to your account or account support, and marketing or promotional communications. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the Services. Call and text message communications may be generated by automatic telephone dialing systems. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you.
You may opt-out of receiving promotional email communications we send to you by following the unsubscribe options on such emails. You may opt out of any promotional phone calls by informing the caller that you would not like to receive future promotional calls. You may only opt-out of text messages from Bestie by replying STOP. You acknowledge that opting out of receiving communications may impact your use of the Services.
We also provide Services that allow you to send short message service (SMS) messages to your customers (the “Seller-Initiated SMS Services”). You will only use the Seller-Initiated SMS Services in compliance with these Terms and all other applicable laws and regulations of the jurisdiction from which you send messages and in which your messages are received.
10. Paid Services
We offer free and paid services. We can collect payments for a paid service by either charging your linked debit/credit card or taking the payment from your transaction proceeds, Bestie-account balance or linked bank account.
We’ll give you 30 days advance notice if we change our subscription fees, and you can cancel your subscription at any time.
Bestie’s Services include both paid-for Services (“Paid Services”) and free Services, for which no additional fees are charged (“Free Services”). Bestie offers certain Paid Services to be paid for on a recurring basis (“Subscription Services”) and others on an as-used basis (“A La Carte Services”). Subscription Services may subject you to recurring fees and/or terms. By signing up for a Subscription Service, including after any free trial period, you agree to pay us the subscription fee and any applicable Taxes (as defined below) (“Subscription Fee”). A La Carte Services may subject you to fees charged per usage and/or terms, including transaction volume. By using an A La Carte Service, you agree to pay the fees and any Taxes incurred at the time of usage (“A La Carte Fees” and, together with Subscription Fees, the “Paid Service Fees”).
In general, Paid Service Fees may be paid by debit card, credit card, or deducted from your transaction proceeds; however, Paid Service Fees related to hardware may only be paid by debit card or credit card. If you link a debit or credit card to your account, you authorize us to collect Paid Service Fees by debit from your linked debit card or charge to your linked credit card. Regardless of payment device or method, we reserve the right to collect Paid Service Fees by deduction from your transaction proceeds, the Balance (as defined in the Payment Terms) in your Bestie Account or your linked bank account.
Unless otherwise provided in a Subscription Service’s terms, Subscription Fees will be charged on the first of every month until canceled. You may cancel a Subscription Service at any time from your Bestie Account settings. If you cancel a Subscription Service, you will continue to have access to that Subscription Service through the end of your then current billing period, but you will not be entitled to a refund or credit for any Subscription Fee already due or paid. We reserve the right to change our Subscription Fee upon thirty (30) days’ advance notice. Your continued use of Subscription Services after notice of a change to our Subscription Fee will constitute your agreement to such changes.
11. Taxes
Your Taxes are your responsibility. But we may have an obligation under applicable law to charge and/or remit Tax on Paid Services and report certain information about you to the IRS or other applicable Tax authority.
For purposes of these Terms, “Tax” and “Taxes” include any and all present or future taxes, charges, fees, levies or other assessments, including, without limitation, income, telecommunications, value-added, goods and services tax or similar taxes, stamp tax or duty, gross receipts, excise, real or personal property, sales, withholding, social security, occupation, use, severance, environmental, license, net worth, payroll, employment, franchise, transfer and recording taxes, fees and charges, imposed by any domestic or foreign Taxing authority, including any penalties, interest or additions to tax (collectively, “Taxes”).
Unless otherwise expressly stated, all Paid Services Fees are exclusive of any Taxes. You are responsible and liable for identifying and calculating any and all Taxes required to be assessed, incurred, collected, paid or withheld for your use of the Services. Unless otherwise expressly stated, You also are responsible and liable for (a) determining whether Taxes apply to your sale of products and services, payments received, bill payments make or received, and/or any other transactions arising from or out of your use of the Services, and (b) registering with Tax authorities in jurisdictions where you are required to do so by applicable law, and (c) calculating, collecting, reporting, paying, and/or remitting any such applicable Taxes to the appropriate Tax and revenue authority. Bestie specifically disclaims any liability for such Taxes and you agree to fully indemnify, defend, and hold Bestie harmless against any such Taxes and any other related expenses or costs. Notwithstanding anything in these Terms to the contrary, You agree that we are not a marketplace, marketplace facilitator, marketplace provider, or similar construct under any applicable law relating to sales, use, or similar taxes, nor do the Services hereunder provide a marketplace or similar construct, and You agree to not take any tax position to the contrary, including on any tax return, tax filing, in any tax audit or examination or otherwise.
Notwithstanding the foregoing, Bestie may charge applicable Taxes on Services, as required by law, which you agree to pay, unless you provide Bestie with timely appropriate, complete, and accurate information and documentation satisfying the legal and Tax requirements of the relevant governmental or Tax authority to establish that the otherwise applicable Tax is not required to be charged by Bestie. You agree to fully indemnify, defend and hold Bestie harmless against any Tax imposed by a Tax authority for failure to apply correct Taxes if such failure is a result of your failure to provide Bestie with the correct evidence to support your exemption from such Taxes, as applicable.
Bestie may be obligated under applicable laws to report certain information to tax and revenue authorities (“Tax Information”) and/or you with respect to your use of the Services. Upon request, you shall provide Bestie with the necessary information to complete any applicable Tax Information reporting and recertify such information from time to time, as may be required by applicable law, or otherwise in connection with any Tax audit or examination. If you use our Services you acknowledge that we will report to the applicable Tax and revenue authorities the required Tax Information (including the total number and amount of payments you received during the relevant reporting period). We also may, but are not obligated to, send to you the Tax Information reported.
If applicable, Bestie shall be entitled to deduct from any payments to you the amount of any applicable withholding Taxes with respect to amounts payable, or any other Taxes, in each case required to be withheld by Bestie to the extent that Bestie remits to the appropriate Tax authority on your behalf such Taxes. Any amounts so deducted or withheld shall be treated as having been paid for all purposes of these Terms and Bestie will not be obliged to increase or gross-up any payment on account of any withholding of Tax.
You acknowledge and agree that Bestie is not providing any Tax advice and nothing Bestie says or provides to you should be interpreted as such. For any Tax-related inquiries in connection with the Services or these Terms, you should consult your own Tax or legal advisor.
12. Modification and Termination
We can terminate or deny you access to our services at any time, for any reason. You can also choose to deactivate your account at any time.
We may terminate these General Terms or any Additional Terms, or suspend or terminate your Bestie Account or your access to any Service, at any time for any reason. We may add or remove, suspend, stop, delete, discontinue or impose conditions on Services or any feature or aspect of a Service. We will take reasonable steps to notify you of termination or these other types of Service changes by email or at the next time you attempt to access your Bestie Account. You may also terminate the General Terms and Additional Terms applicable to your Bestie Account by deactivating your Bestie Account at any time.
13. Effect of Termination
Once our relationship ends, we are not responsible for any losses you experience because of the termination of our services or for removing your data from our servers. Some terms of our agreement will still apply even after our relationship ends.
If these General Terms or your Bestie Account is terminated or suspended for any reason: (a) the license and any other rights granted under these Terms will end, (b) you agree to immediately terminate and cease use of all Services, (c) we may (but have no obligation to) delete your information and account data stored on our servers, and (c) we will not be liable to you or any third party for compensation, reimbursement, or damages for any termination or suspension of the Services, or for deletion of your information or account data. In addition to any payment obligations under the Payment Terms, the following section class="container-full text-left"s of these General Terms survive and remain in effect in accordance with their terms upon termination: 5 (Your Content), 6 (Copyright and Trademark Infringement), 7 (Security), 8 (Privacy), 13 (Effect of Termination), 15 (Ownership), 16 (Indemnity), 17 (Representations and Warranties), 18 (No Warranties), 19 (Limitation of Liability and Damages), 20 (Third Party Products), 21 (Disputes), 22 (Binding Individual Arbitration), 23 (Governing Law), 24 (Limitation on Time to Initiate a Dispute), 25 (Assignment), 26 (Third Party Service and Links to Other Web Sites), and 30 (Other Provisions).
14. Your License
We grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to use the Paid Services, and a royalty-free, limited, non-exclusive, revocable, non-transferable, non-sublicensable license to use the Free Services as authorized in these General Terms. We may make updates to the Services available to you, which you must accept to continue using the Services. Any such updates may be subject to additional terms made known to you at that time.
15. Ownership
While we’re happy to let you use our services, you don’t have any ownership rights in them. We can act on any ideas you share with us about how we can improve our products and services free of charge.
We reserve all rights not expressly granted to you in these General Terms. The Services are protected by copyright, trademark, patent and other laws of the United States and other countries. We own all rights, title, and interest, in and to the Services and all copies of the Services. These General Terms do not grant you any rights to our trademarks or service marks.
For the purposes of these General Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights that may exist now or come into existence in the future, and all of their applications, registrations, renewals and extensions, under the laws of any state, country, territory or other jurisdiction.
You may submit feedback, comments or ideas about the Services (“Ideas”). Submitting Ideas is entirely voluntary, and we will be free to use such ideas as we see fit without any obligation to you.
16. Indemnity
If you do something using our services that gets us sued or fined, you agree to cover our losses as described below.
You will indemnify, defend, and hold us and our processors (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of or in connection with any claim, action, audit, investigation, inquiry, or other proceeding instituted by any person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms; (b) your wrongful or improper use of the Services; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any law, rule or regulation of the United States or any other country or any inaccuracy in any Tax Information provided hereunder; (e) any third-party claims made by your Buyer regarding Bestie’s processing of your customer/Buyer’s Personal Information in connection with providing you with the Services; and (f) any other party’s access and/or use of the Services with your unique name, password or other appropriate security code; and (g) any transaction, purchase, good or service in respect of which Bestie provides, or provided, you with payment processing services in accordance with the Terms.
17. Representations and Warranties
Here’s the part where you promise that you are who you say you are, and that you will obey the law and our terms.
You represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you are located in the United States; (c) you are eligible to register and use the Services and have the right, power, and ability to enter into and perform under these General Terms; (d) any information you provide in connection with the Services, including your business name, accurately and truthfully represents your business or personal identity under which you sell goods and services; (e) you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you and/or your business, including the Health Insurance Portability and Accountability Act (“HIPAA”); (f) you will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Services; and (g) your use of the Services will be in compliance with these Terms.
18. No Warranties
While we do our best to bring great products and services to our customers, we provide them as-is, without warranties. We are not responsible for any goods and services that you might buy or sell using Bestie’s services.
THE USE OF “BESTIE” IN SECTIONS 18 AND 19 MEANS BESTIE, ITS PROCESSORS, ITS SUPPLIERS, AND ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES).
THE SERVICES ARE PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY, WHETHER IT IS EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, BESTIE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
BESTIE DOES NOT WARRANT, REPRESENT OR GUARANTEE IN ANY WAY THAT THE SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT OR SECURE; THAT ANY DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR FIT FOR ANY PARTICULAR PURPOSE.
Bestie does not warrant, endorse, guarantee, or assume responsibility or liability for any product or service advertised or offered by a third party. Bestie does not have control of, or liability for, goods or services that are paid for using the Services.
19. Limitations of Liability and Damages
As described below, if something bad happens because of your use of our services, our liability is capped.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BESTIE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE. IN ALL CASES, BESTIE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
UNDER NO CIRCUMSTANCES WILL BESTIE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR BESTIE ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF BESTIE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY, OR (B) $500.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BESTIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
20. Third Party Products
All third party hardware and other products included or sold with the Services are provided solely according to the warranty and other terms specified by the manufacturer, who is solely responsible for service and support for its product. For service, support, or warranty assistance, you should contact the manufacturer directly. BESTIE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
21. Disputes
When you see the word “Dispute” in these terms, here’s what it means.
“Disputes” are defined as any claim, controversy, or dispute between you and Bestie, its processors, suppliers or licensors (or their respective affiliates, agents, directors or employees), whether arising before or during the effective period of these Terms, and including any claim, controversy, or dispute based on any conduct of you or Bestie that occurred before the effective date of these Terms, including any claims relating in any way to these Terms or the Services, or any other aspect of our relationship.
22. Binding Individual Arbitration
This section class="container-full text-left" provides details about how we will resolve disputes through the arbitration process.
General.
You and Bestie agree that any and all Disputes, except those that are
resolved informally or brought in a small claims court, will be
individually arbitrated by a neutral arbitrator who has the power to
award the same individual damages and individual relief that a court
can. ANY ARBITRATION UNDER THESE GENERAL TERMS WILL ONLY BE ON AN
INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE
ACTIONS, MASS ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE
NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY
AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST
BESTIE. Nothing in this agreement prevents you or Bestie from settling
Disputes on a class, representative, or consolidated basis. If any
term of this arbitration agreement in Section 21 is found
unenforceable, including the Bellwether Arbitration procedures
described below, the unenforceable term will be severed, and the
remaining terms will be enforced (but in no case will there be a class
action, consolidated action, mass action or representative action
arbitration).
Pre-Filing Requirement to Attempt to Resolve Disputes.
Before an arbitration is commenced, you and Bestie agree to attempt to
avoid the costs of formal dispute resolution by giving each other a
full and fair opportunity to address and resolve a Dispute informally.
Both parties recognize that this is an important requirement, and that
breach of this requirement would be a material breach of the Terms. To
provide this opportunity, before commencing any arbitration,
proceeding in small claims court, or lawsuit (when permitted by this
arbitration agreement), each party agrees to send to the other party a
written Notice (“Notice”) and personally meet and confer to informally
resolve any Dispute. Any Notice to Bestie should be sent by mail to
Boop, LLC., Attn: Arbitration Agreement, 1869 154th Rd,
Garland, NE 68360. Any Notice sent to you will be mailed to the
address on file for your account. The Notice must: (i) include your
name, mailing address, Bestie Account Name, the email address and
phone number associated with your account, and; (ii) provide detailed
information sufficient to evaluate the merits of the claiming party’s
individualized claim and for the other party to determine if an
amicable resolution is possible; (iii) set forth the specific relief
sought, including an accurate, good-faith calculation of the amount in
controversy, enumerated in United States Dollars, including whatever
amount of money is demanded and the means by which the demanding party
calculated the claimed damages; and (iv) be personally signed by you
or Bestie, as applicable. A Notice is only valid when it pertains to,
and is on behalf of, an individual party. A Notice brought on behalf
of multiple parties is invalid as to all. Both parties agree that they
will attempt to resolve a Dispute through an informal negotiation
within sixty (60) days from the date the Notice is received, and you
and Bestie therefore agree that, before either you or Bestie demands
or attempts to commence arbitration or litigation (where permitted)
against the other, both parties will personally meet and confer, via
telephone or videoconference, with each other in a good-faith effort
to resolve informally any Dispute. These informal resolution
conferences shall be individualized such that a separate conference
must be held each time either party intends to commence individual
arbitration or litigation (where permitted); multiple parties
initiating claims cannot participate in the same informal resolution
conference, unless mutually agreed to by the parties. If you are
represented by counsel, your counsel may participate in the
conference, but you shall also fully participate in the conference.
Engaging in an informal resolution conference is a requirement that
must be fulfilled before commencing arbitration or litigation (where
permitted). Any statute of limitations shall be tolled while the
parties engage in the informal resolution process required by this
paragraph.
After that sixty (60) day period and not before, and after the informal resolution conference has occurred and not before, either party may elect, in a written Notice to the other party as described above, that it will pursue the matter either through small claims court or arbitration. The party receiving the notice shall then have seven (7) days to respond, including to elect for the case to be heard by a small claims court with jurisdiction. After that seven (7) day period and not before, either party may commence arbitration if not proceeding in small claims court with jurisdiction. You agree that compliance with the informal resolution process described above is a condition precedent to commencing arbitration or filing a claim in small claims court. A party’s failure to satisfy this condition precedent entitles the opposing party to seek immediate dismissal of the arbitration or litigation (where permitted) and the right to seek reimbursement for its costs. If either party elects small claims court, the Dispute will be resolved in that forum and not through arbitration. Each party agrees that state courts in the County of Seward, in the City of Garland, Nebraska, or federal court Nebraska District Court - Lincoln, referenced below, may enter injunctive relief to enforce the pre-filing requirements of this paragraph, including an injunction to stay an arbitration that has been commenced in violation of this paragraph. Each party also agrees that state courts in the County of Seward, in the City of Garland, Nebraska, or federal court Nebraska District Court - Lincoln may address whether a claim filed in small claims court or in arbitration has been previously released.
Scope of Arbitration.
If we and you are not able to resolve the Dispute by informal
negotiation or, as provided below, in a small claims court, all
Disputes will be resolved finally and exclusively by binding
individual arbitration with a single arbitrator (the “Arbitrator”)
administered by National Arbitration and Mediation (“NAM”)
(https://www.namadr.org) according to the NAM Comprehensive Rules and Procedures (the “NAM Rules”), and this Section. In the event NAM is
unavailable to administer the arbitration, either party may invoke 9
U.S.C. § 5 to request that a court appoint the Arbitrator. Except as
set forth above, and for Disputes subject to jurisdiction in small
claims court, the Arbitrator shall be responsible for determining all
threshold arbitrability issues, including issues relating to whether
the Terms (or any aspect thereof) are enforceable, unconscionable or
illusory and any defense to arbitration, including waiver, delay,
laches, or estoppel.
Small Claims Court.
Subject to applicable jurisdictional requirements, either party may
elect to pursue a Dispute in a local small claims court rather than
through arbitration so long as the matter remains in small claims
court and proceeds only on an individual basis. If a party has already
submitted an arbitration demand to the arbitration provider but before
an Arbitrator has been selected, and the claim is subject to the
jurisdiction of the filing party’s local small claims court, the other
party can send a written notice to the opposing party and the
arbitration provider requesting that the Dispute be decided in small
claims court. Upon receipt of such notice, and if all outstanding
arbitration service fees have been paid, the arbitration provider
shall then administratively close the case. respondent.
Arbitration Procedures.
The Federal Arbitration Act, 9 U.S.C. §§ 1-16, including its
procedural provisions, fully applies. So long as it is consistent with
the NAM Rules, the arbitration shall occur through the submission of
documents to one Arbitrator. To the extent the Arbitrator determines
that hearing is required, the arbitration shall be conducted remotely
by telephone or video conference. To the extent that the Arbitrator
determines that an in-person hearing is required, the arbitration
hearing will take place as close to your hometown as practicable. You
and Bestie will have the right to file early or summary dispositive
motions. The Arbitrator’s award will be binding on the parties and may
be entered as a judgment in any court of competent jurisdiction.
Bestie values your privacy, particularly with respect to your
financial transactions and data. Each of the parties shall maintain
the confidential nature of the arbitration and shall not (without the
prior written consent of the other party) disclose to any third party
the fact, existence, content, award, or other result of the
arbitration, except as may be necessary to enforce, enter, or
challenge such award in a court of competent jurisdiction or as
otherwise required by applicable law. While an Arbitrator may award
declaratory or injunctive relief, the Arbitrator may do so only with
respect to the individual party seeking relief and only to the extent
necessary to provide relief warranted by the individual party’s claim.
The Arbitrator’s decision and judgment thereon will not have a
precedential or collateral estoppel effect with respect to disputes
involving other parties.
Bellwether Arbitration Procedures.
You and Bestie agree that if twenty-five (25) or more similar
individual arbitration demands are brought against you or us by or
with the assistance of the same or coordinated counsel or entities
(“Mass Proceeding”), the parties shall select twelve (12) individual
arbitration demands (six (6) per side) for arbitration to proceed
(“Bellwether Arbitrations”). The determination of whether or not a
demand/demands is/are part of a “Mass Proceeding” is in the
arbitration provider’s sole discretion; however, either party can
request the appointment of a Procedural Arbitrator (as described
below) if they do not agree with the arbitration provider’s
determination.
While the Bellwether Arbitrations are adjudicated, all other demands for arbitration that are part of the Mass Proceeding shall be held in abeyance and stayed, and no party shall be responsible for paying any administrator or arbitrator fees (other than the arbitration provider’s initial filing/administrative fees, and Procedural Arbitrator fees, if applicable) while the Bellwether Arbitrations are adjudicated. Any applicable statute of limitations shall be tolled as to non-Bellwether Arbitrations demands when such non-Bellwether Arbitrations are held in abeyance. The tolling period will begin when the claimant first provided the Notice of its intent to initiate an informal resolution conference as described above.
Any party may request, within five (5) business days of being notified by the arbitration provider that a Mass Proceeding exists, that the arbitration provider appoint a sole procedural arbitrator (“Procedural Arbitrator”) to determine initial questions that arise in the Bellwether Arbitrations, including whether the Bellwether Arbitration procedures are applicable or enforceable, whether any particular demand is part of a Mass Proceeding, and whether any particular demand within a Mass Proceeding was filed in accordance with this Section XIII.19. To expedite the Procedural Arbitrator’s resolution of any such initial questions, the parties agree that the Procedural Arbitrator may set forth such procedures as are necessary to resolve any such initial questions promptly. The parties agree that procedures outlined in the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (available at https://www.namadr.com/resources/rules-fees-forms/ shall apply to the appointment and conduct of the Procedural Arbitrator. Bestie shall pay the Procedural Arbitrator’s costs.
All parties agree that the Bellwether Arbitration procedures are designed to be a generally faster, more efficient, and more affordable mechanism for resolving a Mass Proceeding, including the claims of individual parties who are not selected for a Bellwether Arbitration. All parties shall work in good faith with the Arbitrator or Procedural Arbitrator to complete each Bellwether Arbitration within one hundred and twenty (120) calendar days of its initial pre-hearing conference.
Following resolution of the Bellwether Arbitrations, all parties agree to engage in a mediation of all remaining arbitration demands comprising the Mass Proceeding (the “Bellwether Mediation”). The Bellwether Mediation shall be administered by the arbitration provider. If the parties are unable to resolve the remaining demands for arbitration comprising the Mass Proceeding within thirty (30) calendar days following the Bellwether Mediation, the remaining demands for arbitration comprising the Mass Proceeding shall be administered by the arbitration provider on an individual basis pursuant to the arbitration provider’s rules and this Section 22, unless the parties mutually agree otherwise in writing.
All parties agree to cooperate in good faith with the arbitration provider to implement the Bellwether Arbitration procedures, including deferring any costs associated with the non-Bellwether Arbitration Mass Proceedings until the Bellwether Arbitrations and subsequent Bellwether Mediation have concluded, and cooperate on any steps to minimize the time and costs of arbitration, which may include the appointment of a discovery special master to assist the Arbitrator in the resolution of discovery disputes and the adoption of an expedited calendar of the arbitration proceedings.
These Bellwether Arbitration procedures shall in no way be interpreted as authorizing a class, collective, or mass action of any kind, or an arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this Section 22.
Arbitration Fees.
In accordance with the NAM Rules, the party initiating the arbitration
(either you or us) is responsible for paying the applicable filing
fee. You agree that you do not intend to use the Services for
personal, family or household use. Accordingly, for purposes of
calculating any arbitration costs and fees, you and Bestie agree that
you are not a “consumer,” and that the NAM Comprehensive Fees schedule
will apply. The arbitrator’s hourly fees (also referred to as
Arbitrator Hearing Time) shall be split evenly between the parties.
For purposes of this arbitration agreement, references to you and
Bestie also include respective subsidiaries, affiliates, agents,
employees, predecessors, successors and assigns as well as authorized
users or beneficiaries of the Services.
Opt Out.
You may reject this arbitration agreement, in which case only a court
may be used to resolve any Dispute. To reject this agreement, you must
send us an opt-out notice (the “Opt Out”) within thirty (30) days
after you first create your Account, or for existing customers who
agree to this as a terms update, within thirty (30) days of agreeing
to such updated terms. The Opt Out must be mailed to Boop, LLC., Attn:
Arbitration Agreement, 1869 154th
Rd, Garland, NE 68360 (please note that any correspondence not related
to opting out sent to this PO Box will not receive a reply). Your
request must clearly include the following information: your name,
your business name, your street address including the city/town, state
and zip here you reside, all phone number(s) associated with your
account(s), all email addresses associated you’re your account(s), the
current date and your signature. This is the only way of opting out of
this arbitration agreement. Opting out will not affect any other
aspect of the Terms, Additional Terms, or the Services, and will have
no effect on any future agreements you may reach to arbitrate with us.
An Opt Out that purports to opt out multiple parties will be invalid
as to all such parties. No individual party (or their agent,
representative, or group of agents or representatives) may effectuate
an Opt Out on behalf of other individual parties.
Court Proceedings.
Subject to and without waiver of the arbitration agreement above, you
agree that any judicial proceedings (other than small claims actions
as discussed above) will be brought in and you hereby consent to the
exclusive jurisdiction and venue in the state courts in the County of
Seward, in the City of Garland, Nebraska, or federal court Nebraska
District Court - Lincoln.
23. Governing Law
Our relationship is governed by the laws of Nebraska, federal law, or both.
These General Terms and any Dispute will be governed by the Federal Arbitration Act, as set forth above, and by Nebraska law and/or applicable federal law, without regard to its choice of law or conflicts of law principles.
24. Limitation on Time to Initiate a Dispute
Any action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.
25. Assignment
You may not transfer any rights you have under our terms of service to anyone else.
Unless expressly authorized by Bestie, these General Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you and any attempted transfer or assignment will be null and void.
26. Third Party Services and Links to Other Websites
While you’re using our products and services, you may be offered services from third parties. We are not responsible for any issues you may have with them.
You may be offered services, products and promotions provided by third parties and not by Bestie, including, but not limited to, third party developers who use Bestie’s services (“Third Party Services”). If you decide to use Third Party Services, you will be responsible for reviewing and understanding the terms and conditions for these services. We are not responsible or liable for the performance of any Third Party Services. Further, you agree to resolve any disagreement between you and a third party regarding the terms and conditions of any Third Party Services with that third party directly in accordance with the terms and conditions of that relationship, and not Bestie. The Services may contain links to third party websites. The inclusion of any website link does not imply an approval, endorsement, or recommendation by Bestie. Such third party websites are not governed by these General Terms. You access any such website at your own risk. We expressly disclaim any liability for these websites. When you use a link to go from the Services to a third party website, our Privacy Notice is no longer in effect. Your browsing and interaction on a third party website, including those that have a link in the Services is subject to that website’s own terms, rules and policies.
27. Third-Party Beneficiaries
No provision in these General Terms, and any applicable Additional Terms is intended or shall create any rights with respect to the subject matter of these General Terms, and any applicable Additional Terms in any third party.
28. State-Specific Privacy Terms
If you are a “Business” as defined by the California Consumer Privacy Act of 2018 (“CCPA”) or are a “Controller” subject to the Colorado Privacy Act, Connecticut’s An Act Concerning Personal Data Privacy And Online Monitoring, the Utah Privacy Rights Act, or the Virginia Consumer Data Protection Act (collectively, “State Privacy Laws”), then this provision 28 applies to you. For purposes of this Section 28, “process”, “sell”, and “business purpose(s)” have the meaning ascribed to them by the State Privacy Laws.
a) For purposes of this Section 28, “Buyer Personal Information” means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household that is processed by Bestie in connection with its Services to you. Buyer Personal Information does not include information Bestie receives about your customers (“Buyers”) for purposes of Bestie’s digital receipt, customer directory and email marketing tools (“Bestie Buyer Features”), or for Bestie Go. It does include information that your Buyer has provided you through Bestie Appointments, Bestie Invoices, or to receive Loyalty-related or promotional text messages
b) We may receive Personal Information from Buyers for the purpose of performing Services on your behalf as described in these General Terms. We agree that we will process Buyer Personal Information collected, processed, stored or transmitted by, or accessible to us in the course of these General Terms, and other Applicable Terms of Service referenced above, only on your behalf, and for the purpose of providing you with the Services in these Terms and other applicable terms linked above based on the products you use. We acknowledge that we are prohibited from: (i) selling the Buyer Personal Information; (ii) retaining, using, or disclosing the Buyer Personal Information for any purpose other than providing to you the Services specified in these General Terms(s), and other applicable Terms of Service referenced above. As part of, and for purposes of, facilitating the Services, Bestie may (i) de-identify or aggregate the Buyer Personal Information; (ii) process the Buyer Personal Information for operational purposes, including, without limitation, verifying or maintaining the quality and safety of the Services; improving, updating or enhancing the Services either for you or for our customers generally; detecting and preventing fraud, and for protecting the security and integrity of our Services; and complying with our legal obligations; and (iii) if you participate in Bestie Go, process the Buyer Personal Information on the instructions of the Buyer. You acknowledge and agree that Buyer Personal Information that you disclose to Bestie is provided to Bestie for the parties’ business purposes.
c) We reserve the right to delete Personal Information stored pursuant to these General Terms in the ordinary course of business, pursuant to our retention schedules.
29. Generative AI
By using any of the Generative AI or AI-powered products, features, and tools (“AI Products”) offered by Bestie, you agree to be bound to these terms. If you are using the AI Products on behalf of a business, that business accepts these terms.
I. Acceptable Use Policy
You are responsible for all content associated with your use of AI Products. You agree that you will not use any AI Product to create any content that is harmful, misleading, or violates the rights of any third party. Bestie reserves the right to suspend, terminate, or otherwise modify your access to AI Products or other Services as determined in our sole discretion if we identify any such misuse.
In addition to any limitations covered in other applicable terms, you agree that you will not use AI Products to:
- Mislead anyone that the content generated by AI Products is human-generated;
- Provide medical, legal, financial, or other specialized advice;
- Generate or disseminate:
1. Content that is misleading, illegal, fraudulent, deceptive, or could lead to harm;
2. Private information of others in violation of their privacy or data protection rights;
3. Content, including images, that infringes or has the potential to infringe the intellectual property or other proprietary rights of another;
4. Content that may be libelous, slanderous, or otherwise defamatory;
5. Political content, including for dissemination in electoral campaigns;
6. Spam, ransomware, keyloggers, viruses or other software;
7. Content that contains corrupted data or any other harmful, disruptive, or destructive files;
8. Hateful, harassing, abusive, violent, or highly offensive content that attacks or dehumanizes a group based on race, ethnicity, national origin, religion, serious disease or disability, gender, age, or sexual orientation; or
9. Pornographic material, images of explicit nudity, depictions of graphic violence or gore, or content that otherwise promotes, glorifies, or threatens violence.
o Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or
o Intentionally or unintentionally violate any applicable law or regulation.
II. Your Content
You are responsible for any text you type or images, content, or data you upload into AI Products (“Input”), as well as any text, images, or content generated by AI Products through your use of AI Products or through prompts you provide to AI Products (“Output”, together “AI Content”). You are also responsible for ensuring that any AI Content complies with all applicable laws, regulations, and terms before generating, using, or sharing it. You agree that you will not include any sensitive personal data of any individual (including data that reveals racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, health data or data concerning anyone’s sex life or sexual orientation) in any Input to AI Products.
When using Outputs, you agree to inform viewers of those Outputs that the content is AI-generated.
You understand that all Outputs are generated by artificial intelligence and that it is your responsibility to verify the accuracy of all AI Content and ensure its compliance with all applicable law, regulations, and terms, including any intellectual property or privacy rights of third parties.
As between you and Bestie, to the extent permitted by law and subject to the Applicable Terms, you own your AI Content. You grant us and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, irrevocable, perpetual, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your AI Content throughout the world in any media for any reason, including to provide, promote, and/or incorporate into the AI Products. You retain all rights in your Inputs and Outputs, subject to the rights you granted to us in these terms.
IF YOU DO NOT WISH TO GRANT BESTIE A LICENSE TO ANY OF YOUR AI CONTENT, PLEASE DO NOT USE BESTIE’S AI PRODUCTS.
You may modify or remove your Outputs via your Bestie Account or by terminating your Bestie Account, but your Inputs and Outputs may persist in historical, archived or cached copies and versions thereof available on or through the AI Products. Bestie agrees not to make any copyright ownership claim over your Inputs or Outputs. In the event that any of your Inputs or Outputs is alleged to be unlawful or otherwise in breach of these terms, Bestie may disclose such content to law enforcement or other governmental authorities, or in response to a court order.
Although we have no obligation to monitor any AI Content, we have absolute discretion to remove AI Content at any time and for any reason without notice. We may also monitor such AI Content to detect and prevent fraudulent activity or violations of these or other applicable terms. You understand that by using the AI Products, you may be exposed to content that is offensive, indecent, or objectionable. Bestie does not warrant or guarantee the accuracy, completeness or reliability of any Output, or that any Output or use of it does not infringe any third-party rights. We take no responsibility and assume no liability for any Content, including any omissions, errors, loss or damage to any of the AI Content.
Bestie may impose limits on the number of Outputs you can create with AI Products. You may be notified if you have reached the maximum number of Outputs for your account.
III. Third-Party Rights
You may not use AI Products to create content that violates third-party copyright, trademark, privacy or other rights. This may include, but is not limited to, entering text prompts to generate a third-party brand logo, uploading an Input image that includes a third party’s copyrighted content, or using a third party’s personal information in violation of their privacy or data protection rights. If you are not sure whether your content violates the rights of a third party, you should consult your own legal advisor.
If you believe that third party material hosted by Bestie infringes your copyright or trademark, please contact us via email at info@bestie.biz. If you have a contract or other dispute with a third party regarding content you or they have uploaded to our products and services, please resolve the issue directly with the third party. We will not moderate contract, employment, or other disputes between our customers and third parties.
IV. No Model Training
When using our AI Products, you agree you will not use them to train other AI or Machine Learning models.
This means you must not, and must not allow third parties to, use any content, data, Outputs or other information received or derived from AI Products, to directly or indirectly create, train, test, or otherwise improve any machine learning algorithms or artificial intelligence systems, including any architectures, models, or weights.
V. Third Party Technology Partners
Bestie may use technology provided by third party service providers to provide some functionality for AI Products. You acknowledge that any Input you provide, including any personal data you choose to include within that Input, may be shared with such third-party service providers to enable functionality within AI Products. By using AI Products, you direct and consent to personal data you include in an Input being transferred to these third parties, including, but not limited to, OpenAI, LLC, and you agree that your use is subject to the terms of those third parties. For reference, the terms of our primary generative AI partner is included here: OpenAI. Bestie may choose to change or add AI partners, and any use of Bestie may be subject to additional terms of any third-party service provider used for a given product.
We may also share your data with select third party service providers we engage to enable functionality within AI Products, and they may also use your data to improve their services. This may include any personal data you choose to include within such Input, and you acknowledge that our Privacy Policy applies to the handling of such personal data.
30. Other Provisions
These General Terms, and any applicable Additional Terms or Policies, are a complete statement of the agreement between you and Bestie regarding the Services. In the event of a conflict between these General Terms and any other Bestie agreement or Policy, these General Terms will prevail and control the subject matter of such conflict. If any provision of these General Terms or any Additional Term is invalid or unenforceable under applicable law, then it will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. These General Terms do not limit any rights that we may have under trade secret, copyright, patent, or other laws. No waiver of any term of these General Terms will be deemed a further or continuing waiver of such term or any other term.