Bestever ("Application") is software designed for easy video creation and editing by non-professionals. It enables customization for various devices such as laptops, mobile devices, smart home devices, etc. ("Devices"), and online platforms, including but not limited to social media and digital advertising platforms ("Distribution Channels"). The Application facilitates the capturing, creation, editing, and sharing of images and videos across Distribution Channels.Bestever offers a service that assists in creating videos through templates, featuring you, your business, or your clients ("Clients"). The content of these Clients, including images, video clips, fonts, text, animations, business information, customer reviews, music, and other components ("Content"), can originate from various sources: (i) you, (ii) Bestever, (iii) third-party licensors engaged by Bestever for stock visual and/or audio materials, and (iv) websites, social media pages, and online directory pages associated with you, which may be searched, analyzed, and extracted from during the production process.

Acceptance of Terms
1.1 Review and Acknowledgment: Please carefully review these Terms of Service ("Terms") prior to creating an account, making a purchase, or engaging in any other use of the Bestever.ai website (the "Application") and its associated services. These Terms establish a legally binding agreement between you and/or your company or business (collectively referred to as "you") and A6G6, Inc. doing business as Bestever ("Bestever" or "we" or "us"). By creating an account, placing orders for goods or services through the Application, or using the Application in any manner, you acknowledge your acceptance and agreement to abide by these Terms and our Privacy Policy.
‍1.2 Representations and Authority: If you are using the Application on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
1.3 Consent to Terms: If you do not consent to all of these Terms, please refrain from accessing or using the Application.

Use of the Application
2.1 Eligibility: You must be at least 18 years old to use the Application. By accessing or using the Application, you represent and warrant that you meet this eligibility requirement.
2.2 Prohibited Conduct: You agree not to engage in any unauthorized or illegal activities, including but not limited to unauthorized access, distribution of harmful content, infringement of intellectual property rights, or violation of applicable laws.
2.3 User Responsibilities: You are responsible for any content you generate, upload, or share through the Application. You agree to comply with all applicable laws, including privacy and data protection regulations.

Intellectual Property
3.1 Company Ownership: The Application, including its design, features, and content, is the property of Bestever and is protected by intellectual property laws.
3.2 User Content: By using the Application, you grant Bestever a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and distribute the content you generate through the Application solely for the purpose of providing the Application's services.
3.3 Asset Licensing Responsibility: When you upload or use fonts, images, logos, videos, or any other assets within the Application, you are responsible for ensuring you have the appropriate licenses for those assets. This responsibility extends to all assets that are stored and made publicly accessible for embedding through our service. You must verify that you have the right to use any assets you incorporate into your content. Bestever will not be liable for the unauthorized use of copyrighted assets.
3.4 User's Responsibility for Asset Licensing:
By uploading or using any content, including images, videos, audio, fonts, or other assets within the Application, you confirm that you have obtained all necessary licenses, permissions, and consents from the rightful owners of such content. This includes any third-party content you incorporate into your projects. Bestever does not take responsibility for verifying the ownership or licensing of uploaded content and will not be liable for any claims related to the unauthorized use of copyrighted or intellectual property.

User Privacy
4.1 Collection and Use of Personal Information: We are committed to protecting your privacy. When you use the Application, we may collect and process certain personal information in accordance with our Privacy Policy. By using the Application, you consent to the collection, storage, and processing of your personal information as outlined in the Privacy Policy.
4.2 Cookies and Tracking Technologies: We may use cookies and similar tracking technologies to enhance your experience on the Application. These technologies allow us to collect information about your use of the Application, such as your device information, IP address, and browsing behavior. You have the option to manage your cookie preferences through your browser settings.
4.3 Third-Party Service Providers: We may engage third-party service providers to assist us in operating and maintaining the Application or to perform certain services on our behalf. These service providers may have access to your personal information and are obligated to handle it in a manner consistent with our Privacy Policy.
4.4 Data Retention: We will retain your personal information for as long as necessary to fulfill the purposes outlined in our Privacy Policy unless a longer retention period is required or permitted by law.
4.5 Security Measures: We implement reasonable security measures to protect your personal information from unauthorized access, disclosure, alteration, or destruction. However, no method of transmission over the Internet or electronic storage is completely secure, and we cannot guarantee the absolute security of your information.
4.6 User Controls: You have certain rights and controls over your personal information. You may review, update, or delete your account information by accessing your account settings on the Application. For more information about your rights and how to exercise them, please refer to our Privacy Policy.
4.7 Non-Disclosure of Information: Bestever commits to not sharing, selling, or otherwise disclosing your personal information to third parties, except as required for the provision of the Application’s services or as detailed in our Privacy Policy. We respect the privacy of our users and safeguard their information from unauthorized access.
4.8 Confidentiality Commitment: Access to your personal information is strictly confined to Bestever personnel who require it to perform their job duties. All such personnel are subject to strict confidentiality obligations and are expected to maintain the privacy and security of user information at all times.

Generative AI
5.1 Please note that Bestever employs generative AI technologies in the video creation process. While we strive to provide high-quality and customizable content, the output generated by the AI system may vary and may not always meet your specific expectations. You acknowledge and agree that Bestever does not guarantee the accuracy, completeness, or suitability of the generated content, and you assume full responsibility for reviewing and validating the content before use.

Regulatory Compliance
6.1 California Laws: Bestever is committed to complying with applicable laws, including those of the State of California, United States, where it operates. By using the Application, you agree to comply with all relevant laws and regulations, including but not limited to the California Consumer Privacy Act (CCPA) and the California Online Privacy Protection Act (CalOPPA), to the extent they may be applicable.
6.2 Bestever reminds you that the Application is not designed to comply with industry-specific regulations such as the Health Insurance Portability and Accountability Act (HIPAA) or the Federal Information Security Management Act (FISMA). Therefore, if your interactions involve sensitive personal information or fall under such legal requirements, usage of this Application is prohibited. Furthermore, the Application should not be used in a manner that violates the Gramm-Leach-Bliley Act (GLBA).
6.3 Data Privacy Rights: If you are a resident of California, you may have certain data privacy rights under the CCPA, such as the right to know about the personal information collected, disclosed, or sold by Bestever, and the right to request the deletion of your personal information. For more information about your rights and how to exercise them, please refer to our Privacy Policy.

Limitation of Liability
7.1 Exclusion of Damages: To the extent permitted by law, Bestever and its officers, directors, employees, affiliates, agents, and licensors shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with the use or inability to use the Application, including any content generated by the generative AI tool.
7.2 Basis of Liability: The limitation of liability applies regardless of the basis of the claim, whether in contract, tort (including negligence), strict liability, or otherwise. It also applies even if the limited remedies provided in these Terms fail of their essential purpose.
7.3 Total Liability: In no event shall Bestever's total liability to you for any claims arising out of or in connection with the Application exceed the amount paid by you, if any, for accessing or using the Application during the twelve (12) months prior to the claim.

Termination
8.1 Right to Terminate: We reserve the right to suspend or terminate your access to the Application, with or without cause, at any time and without prior notice. This includes the right to terminate or suspend any accounts associated with your use of the Application.
8.2 Effect of Termination: Upon termination of your access to the Application, you will no longer have the right to use or access any content or materials that may have been available through the Application. Any provisions of these Terms that are intended to survive termination (such as intellectual property rights, limitations of liability, and dispute resolution provisions) shall continue to apply.

Amendments
9.1 Modification of Terms: We may modify these terms at any time by posting the updated version on the Application. It is your responsibility to review these terms periodically. Continued use of the Application after the modifications constitutes your acceptance of the updated terms.
9.2 Notice of Amendments: We may also provide notice of material changes to these Terms via email or other means of communication. By continuing to use the Application after receiving such notice, you acknowledge and agree to the modified terms.

Governing Law
10.1 This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles. Any dispute arising out of or in connection with this Agreement, including any questions regarding its existence, validity, or termination, shall be subject to the exclusive jurisdiction of the state and federal courts located in the State of California.

Application Experience
We ask you to please help us keep this Application an enjoyable experience for all users, and if you observe material or behavior that may violate these Terms of Service or the Privacy Policy by other users please contact Bestever at support@bestever.ai
‍Contact Us: If you have any questions about this Application or the Terms of Service, please contact Bestever at support@bestever.ai.
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