Terms of Service

1. Service Description

BestWish provides an AI-powered platform that offers:

• AI-generated birthday message creation and customization
• Birthday tracking and management tools
• Message sharing capabilities
• Additional premium features for subscribed users

2. Service Plans and Payment Terms

BestWish offers both free and premium service tiers:

• Free Tier:
  • Access to basic message generation features
  • Limited number of messages per month
  • Standard customization options
• Premium Plan:
  • Enhanced message generation capabilities
  • Additional customization options
  • Priority support
  • Cancelable at any time

Premium subscriptions are non-refundable. Users can try the service's core features through our free tier before upgrading to premium. Subscription cancellation will take effect at the end of the current billing period.

3. User Responsibilities and Conduct

Users must:

• Provide accurate information when using the Service
• Maintain the security of their account credentials
• Use the Service in compliance with applicable laws
• Not engage in any of the following prohibited activities:
  • Harassment, hate speech, or threatening behavior
  • Impersonation or fraudulent activities
  • Distribution of malware or harmful code
  • Unauthorized automated access or scraping
  • Activities that may disrupt or compromise the Service

4. Content and Intellectual Property

• User-Generated Content:
  • Users retain ownership of their personal content
  • Users grant BestWish limited rights to provide and improve the Service
  • Display rights for user content handled on a case-by-case basis
• AI-Generated Content:
  • Messages are provided under limited license for personal use
  • BestWish may use anonymized messages for service improvement and marketing
  • No guarantee of uniqueness or originality of AI-generated content

5. AI Technology and Third-Party Services

Our Service utilizes third-party AI models and services:

• AI-Generated Content Disclaimer:
  • Content is generated using AI language models
  • Results may vary and are not guaranteed to be accurate or appropriate
  • Users should review and modify generated content as needed
• Third-Party Services:
  • Service relies on third-party foundational AI models
  • External sharing options (WhatsApp, SMS) are provided as suggestions only
  • Users are responsible for message delivery through external services

6. Disclaimers and Limitations

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. BestWish specifically disclaims:

• Any guarantee of service availability or uptime
• Accuracy or appropriateness of AI-generated content
• Fitness for any particular purpose
• Responsibility for message delivery through third-party services

TO THE FULLEST EXTENT PERMITTED BY LAW, BESTWISH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY.

7. Account Termination

BestWish reserves the right to suspend or terminate accounts that:

• Violate these Terms or applicable laws
• Engage in abusive or harmful behavior
• Create risk or possible legal exposure
• Have extended periods of inactivity

Upon termination, user data will be handled according to our Privacy Policy. Users retain ownership of their data but it will no longer be publicly accessible.

8. Dispute Resolution

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of law principles.

• Any dispute shall be resolved through binding arbitration in Delaware, except:
  • Claims eligible for small claims court
  • Intellectual property disputes
  • Cases where arbitration is not required by law
• Users may opt out of arbitration within 30 days of first using the Service
• CLASS ACTION WAIVER: Users waive right to participate in class actions