Terms of Service

1. Acceptance of Terms

By accessing or using the Services, you agree to be bound by these Terms and acknowledge that you have read and understood our Privacy Policy. If you do not agree to these Terms or the Privacy Policy, you may not access or use the Services. These Terms apply to all visitors, users, creators, and others who access or use the Services ("Users").

2. Description of Service

BesterMe is a social health platform that allows users to track their fitness and wellness journey through text-based posts and health data, connect with others, and engage with health and fitness content. Unlike other social media platforms, BesterMe does not support video or photo sharing (other than profile pictures). Creators on BesterMe can build communities, share their expertise, and monetize their content through subscriptions and other features.

3. Eligibility

You must be at least 13 years old (or the age of digital consent in your jurisdiction, if higher) to use the Services. By agreeing to these Terms, you represent and warrant that you meet this age requirement. If you are under 18, you represent that you have obtained your parent or guardian's verifiable consent to use the Services, in accordance with applicable laws such as the Children's Online Privacy Protection Act (COPPA) in the United States.

4. User Accounts

Account Creation:

• To access certain features of the Services, you must create an account.
• You agree to provide accurate, current, and complete information during the registration process and to keep your account information updated.
• You agree not to share your password or login credentials with any third party.
• You are responsible for safeguarding your password and for all activities that occur under your account.
• You agree to notify us immediately of any unauthorized use of your account.

Account Suspension and Termination:

• We may suspend or terminate your account, at our sole discretion, for any reason, including but not limited to violations of these Terms or the Privacy Policy.
• You may terminate your account at any time through the in-app settings.
• Upon termination of your account, you will lose access to your data and content. We are not responsible for any loss of data resulting from account termination.

5. User Content

Definition:

• "User Content" means any content that users post, upload, share, or otherwise make available through the Services, including but not limited to text, health data, fitness metrics, comments, and profile information.
• You agree not to post any User Content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially or ethnically objectionable, or that infringes the intellectual property rights of others.

Ownership:

• You retain ownership of your User Content.

License Grant:

• By making any User Content available through the Services, you grant to us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content primarily in connection with operating and providing the Services and to promote BesterMe, including in our advertising and marketing materials. We will make reasonable efforts to limit the use of your User Content in advertising and marketing materials to content that is publicly available on the platform, and we will not use your private health data in such materials without your explicit consent.
• This license will end when your User Content is deleted from our systems, except to the extent that your content has been shared with others and they have not deleted it, or if it has been used in our advertising and marketing materials. If your User Content has been used in our advertising and marketing materials, you may contact us to request its removal, and we will make reasonable efforts to comply with your request, subject to any practical or technical limitations.
• Notwithstanding the above, we may use aggregated, anonymized health data for advertising and marketing purposes. This data is derived from multiple users' health data and is processed in a way that it cannot be used to identify any individual user.

Responsibility:

• You are solely responsible for your User Content and the consequences of posting or publishing it.
• You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use your User Content as described in these Terms.
• We do not endorse, verify, or assume responsibility for the accuracy, completeness, or safety of any User Content, including health-related information. Users should exercise caution and consult with qualified professionals before making decisions based on User Content.

Health Data Privacy:

• We treat your health and fitness data with special care. While we are not a covered entity under the Health Insurance Portability and Accountability Act (HIPAA), we are committed to protecting your privacy in accordance with other applicable privacy laws, such as the California Consumer Privacy Act (CCPA) and the General Data Protection Regulation (GDPR) for users in the European Union.
• You control the visibility of your health metrics and can choose to make them private, visible to followers, or public.
• While we implement security measures to protect your health data, no system is completely secure, and you share your health information at your own risk. We have implemented a data breach response plan to promptly address and mitigate any potential data breaches.
• We may use aggregated, anonymized health data for research, analysis, and platform improvement purposes.
• We may share your health data with third-party service providers who assist us in providing the Services, such as cloud storage providers. We ensure that these providers are compliant with applicable privacy laws and have adequate security measures in place.
• You may request the deletion of your health data at any time, and we will comply with such requests in accordance with applicable laws and our Privacy Policy.
• We will retain your User Content for as long as your account is active. After account termination or deletion, we will delete or anonymize your data in accordance with our Privacy Policy. We may retain certain data beyond account deletion only when necessary to provide the Services, comply with legal obligations, resolve disputes, or enforce our agreements. Examples of such instances include: (a) retaining data to comply with applicable tax, accounting, or financial reporting laws; (b) retaining data as required by a valid legal preservation request or to respond to legal process; (c) retaining data for fraud prevention, security, and safety purposes; and (d) retaining aggregated, anonymized data for research, analysis, and platform improvement purposes.
• BesterMe is not intended to be used for storing or transmitting Protected Health Information (PHI) as defined by HIPAA. Users are solely responsible for ensuring that they do not submit any PHI to the platform.

6. User Conduct

You agree not to:

• Violate any applicable law or regulation.
• Infringe the intellectual property rights of others.
• Post or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially or ethnically objectionable.
• Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity.
• Interfere with or disrupt the Services or servers or networks connected to the Services.
• Use any data mining, robots, or similar data gathering or extraction methods.
• Attempt to gain unauthorized access to the Services, other accounts, computer systems, or networks connected to the Services.
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services.
• Promote or engage in any illegal or unauthorized activity.
• Share inaccurate or misleading health information.
• Harass, bully, or intimidate other users.
• Use the Services for any commercial purpose without our prior written consent, except that users who are accepted as creators in accordance with these Terms and the Affiliate Agreement are permitted to promote BesterMe and their content on the platform as part of the Affiliate Program.
• We reserve the right to remove any content and suspend or terminate any account that violates these guidelines, at our sole discretion.

7. Creators and Monetization

Creator Eligibility:

• Certain users may be eligible to become creators on BesterMe, allowing them to monetize their content and engage with subscribers.
• Creator eligibility criteria, application processes, and ongoing requirements are determined by us and may be subject to change. These details are outlined in our Affiliate Agreement.

Monetization:

• Creators may earn money through subscriptions, tips, or other monetization features offered by the Services.
• BesterMe will collect a portion of the revenue generated by creators, and creators will receive the remaining portion. The exact revenue share percentages will be determined by BesterMe and communicated to creators through the BesterMe platform.
• Payments to creators will be made on a periodic basis, as determined by BesterMe. Payments will be made via Stripe Connect to the bank account connected to the creator's Stripe account. Creators are responsible for ensuring that their Stripe account information is accurate and up-to-date. Any changes to payment information may take up to fifteen (15) business days to become effective.

Creator Responsibilities:

• Creators are responsible for the content they post and must comply with these Terms and all applicable laws and regulations.
• Creators must not post any content that infringes the intellectual property rights of others or violates our content guidelines.
• Creators are solely responsible for any and all tax obligations arising from their earnings on BesterMe. We recommend that creators consult with a tax advisor to ensure compliance with applicable tax laws.

Content Guidelines:

• Creators must not provide medical advice unless they are qualified healthcare professionals and clearly disclose their credentials.
• All fitness and nutrition advice must include appropriate safety disclaimers and modifications for different fitness levels.
• Creators must not promote dangerous or extreme health practices, fad diets, or unproven supplements.
• We reserve the right to remove any content, or suspend or terminate any creator account, that we determine could be harmful to users' health or safety, or that violates these Terms or our Affiliate Agreement.

8. Intellectual Property

The Services and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of stemis LLC and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of stemis LLC.

9. Copyright Infringement and DMCA Policy

We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), we will respond promptly to notices of alleged copyright infringement that comply with applicable law and are properly submitted to us.

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Services, please notify our designated copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

• An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
• Identification of the copyrighted work that you claim has been infringed;
• Identification of the material that is claimed to be infringing and where it is located on the Service;
• Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and email address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
• A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following designated copyright agent:

Name: Copyright Agent
Company: stemis LLC
Email: reid@besterme.com

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.

Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

10. Third-Party Links and Services

The Services may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

11. Data Security and Breach Notification

We take the security of your data very seriously and have implemented appropriate technical and organizational measures to protect your personal information from unauthorized access, use, disclosure, alteration, or destruction. These measures include encryption, access controls, and regular security assessments.

While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. No method of transmission over the Internet, or method of electronic storage, is 100% secure.

In the event of a data breach that is likely to result in a high risk to your rights and freedoms, we will notify you and the appropriate supervisory authority without undue delay, and where feasible, not later than 72 hours after having become aware of it, in accordance with applicable data protection laws such as the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). We will also take reasonable steps to mitigate the effects of the breach and prevent future occurrences.

Our data breach response plan includes:

• Promptly investigating and containing the breach;
• Assessing the scope of the breach and the types of data involved;
• Notifying affected individuals and relevant authorities as required by law. Notifications to affected individuals will be made via email or through an in-app notification, and will include: (a) a description of the nature of the breach; (b) the categories and approximate number of individuals and data records concerned; (c) the likely consequences of the breach; (d) the measures taken or proposed to be taken to address the breach and mitigate its possible adverse effects; and (e) contact information for our data protection officer or other point of contact where more information can be obtained;
• Taking steps to remediate the breach and prevent future incidents; and
• Cooperating with law enforcement and regulatory authorities as necessary.

We encourage you to take steps to protect your personal information as well, such as using strong passwords and being cautious about sharing sensitive information online. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us at reid@besterme.com.

12. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT PROVIDE MEDICAL ADVICE. THE CONTENT AVAILABLE THROUGH THE SERVICES IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. WE DO NOT ENDORSE, VERIFY, OR GUARANTEE THE ACCURACY, COMPLETENESS, OR SAFETY OF ANY HEALTH-RELATED INFORMATION PROVIDED BY CREATORS OR USERS ON THE SERVICES. USERS ARE SOLELY RESPONSIBLE FOR EVALUATING THE VALIDITY AND APPROPRIATENESS OF SUCH INFORMATION AND SHOULD CONSULT WITH QUALIFIED HEALTHCARE PROFESSIONALS BEFORE MAKING ANY DECISIONS BASED ON SUCH CONTENT.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL STEMIS LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

14. Indemnification

You agree to defend, indemnify, and hold harmless stemis LLC, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms or any applicable laws or regulations; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Services.

15. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the federal or state courts located in California, and you hereby consent to the personal jurisdiction of such courts. Users outside of the United States are responsible for complying with their local laws in addition to these Terms.

16. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect by posting the updated Terms on our website and notifying you via email or through an in-app notification. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Services.

17. Accessibility

We are committed to making our Services accessible to individuals with disabilities. We strive to comply with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. If you encounter any accessibility barriers, please contact us, and we will make reasonable efforts to address the issue.

18. Dispute Resolution

Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in California, and the arbitrator's decision shall be final and binding. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

19. Entire Agreement

These Terms, together with the Privacy Policy and the Affiliate Agreement (if applicable), constitute the entire agreement between you and us regarding the Services and supersede and replace any prior agreements we might have had between us regarding the Services.

20. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

21. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

22. Contact Us

If you have any questions about these Terms, please contact us at:
Email: reid@besterme.com