Terms of Service – Bester

Bester is operated by Lungoo Digital, a French micro-entreprise representing the Bester project and acting as the controller for legal and GDPR purposes.

Registered address: 4 Rue de Verdun, 78800 Houilles, France

Company / registration number: 994 556 900 R.C.S. Versailles

Email: contact@bester-app.com

No EU/UK representative or DPO is appointed at this stage.

To use Bester, you must:

• Be at least 16 years old if you reside in the European Union
• Be at least 13 years old if you reside elsewhere
• Have the capacity to enter into a binding agreement

By using Bester, you confirm that you meet these minimum age and capacity requirements. The Service is not directed to children under 13 (for example, under US COPPA), and we will delete accounts that violate this policy when notified.

Bester is a social habit-tracking and self-development platform. It allows you to:

• Create and track habits, goals, and routines
• Join experiments, journeys, or challenges
• Share progress and interact socially with other users
• React, comment, and participate in community features

Bester is not a medical, psychological, or therapeutic service and does not provide professional health advice. Features may evolve and can change or be removed as we continue to improve the platform.

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account
• Providing accurate and up-to-date information
• Notifying us of any suspected unauthorized access

We may suspend or terminate your account if we suspect violations of these Terms, abuse, fraud, or misuse of the Service.

“User Content” means any content you create, upload, post, or make available through the Service (for example, habit titles, notes, reflections, posts, comments, reactions, profile details, avatars).

You retain ownership of your User Content. By posting or providing User Content, you grant Bester a non-exclusive, worldwide, royalty-free, transferable, and sublicensable license to use, host, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content for operating, improving, promoting, and protecting the Service.

This license ends when your content is deleted from our systems, except that copies may remain in backups for a limited time, content others have reshared may remain available to them, and aggregated or anonymized data derived from your content may be retained.

You are responsible for ensuring you have all rights necessary to post your content and grant this license. Deleting your account triggers deletion or anonymization of your content where technically feasible.

Depending on your settings and the features you use, certain User Content and activity may be visible to others, such as:

• Your public profile (username, avatar, bio)
• Public experiments, habits, or journeys you choose to share
• Comments, reactions, and interactions

We will indicate in the interface when something is public or shared, but you are ultimately responsible for what you choose to post. Do not post content you would not be comfortable making visible to others.

If you delete your account, we will remove or anonymize your public/shared content where technically feasible. Content that others have reshared or that appears in aggregated/anonymized statistics may persist.

You agree not to:

• Use the Service for any unlawful purpose or in violation of any laws
• Harass, threaten, or abuse other users
• Post content that is hateful, discriminatory, violent, sexually explicit, or otherwise inappropriate
• Share content that infringes third-party rights (copyright, trademark, privacy, etc.)
• Attempt to interfere with or disrupt the Service, including by introducing malware or attempting to gain unauthorized access
• Use automated systems (bots, scrapers) without our written permission
• Use the Service to advertise or promote products or services without prior authorization

We may remove content or suspend/terminate accounts that violate these rules.

Bester is designed for self-development, habit tracking, and community support. It is not a medical device, a mental health service, or a substitute for professional advice.

You are responsible for your own decisions and should consult appropriate professionals when needed. We make no guarantees that using Bester will result in any particular outcome or improvement.

We (or our licensors) own all rights, title, and interest in and to the Service and its underlying software, visual design, branding, trademarks, text, graphics, and interfaces (excluding User Content). You may not copy, modify, distribute, sell, lease, reverse engineer, or attempt to extract source code except where permitted by law.

Bester relies on third-party services to function. These include, in particular:

• Supabase – database, authentication, file storage, and backend features
• Google Cloud Platform (GCP) – hosting and infrastructure
• Firebase – analytics, crash reporting, and related services
• Railway – additional hosting and backend infrastructure
• Apple – “Sign in with Apple” and App Store distribution for iOS
• GitHub and other development tools – for code hosting, collaboration, and issue tracking

These third parties may have their own terms and privacy policies. While we take care in selecting our providers, we are not responsible for the availability or behavior of third-party platforms, and you use them at your own risk.

If paid features are introduced, billing may be handled via the app stores or Stripe, Inc.; we do not store full card details.

We may change or discontinue all or part of the Service at any time, including:

• Adding, modifying, or removing features
• Introducing fees or paid plans in the future
• Performing maintenance or updates

We do not guarantee that the Service will always be available, uninterrupted, or error-free. If paid plans are introduced, we will provide the applicable pricing, renewal terms, and cancellation information in advance.

The Service is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including fitness for a particular purpose, non-infringement, accuracy, or reliability.

• We do not guarantee any specific results from using Bester
• We do not guarantee the Service will be free from bugs, security breaches, or attacks
• We do not guarantee that all data will be preserved without loss or corruption

To the maximum extent permitted by applicable law, Bester and its team shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, arising from your use of (or inability to use) the Service.

Our total aggregate liability for any claim relating to the Service shall not exceed the greater of €50 or the total amount you paid us, if any, in the 12 months preceding the event giving rise to the claim. Nothing in these Terms excludes or limits liability where prohibited by law.

Indemnification

You agree to indemnify and hold harmless Bester and its team from any claims, damages, or expenses arising from your use of the Service, your User Content, or your violation of these Terms.

These Terms apply from the moment you first use the Service and continue until you delete your account and stop using Bester, or we terminate or suspend your access in accordance with these Terms.

We may suspend or terminate your access at any time, particularly in cases of breach, security or technical issues, or legal requirements. Upon termination, your right to use the Service ceases immediately. Some provisions (for example, intellectual property, disclaimers, and limitation of liability) will continue to apply.

These Terms are governed by the laws of France, without regard to conflict-of-law principles. If you are a consumer residing in the EU, you may also benefit from mandatory consumer protection provisions of your country of residence.

Any dispute that cannot be resolved amicably may be brought before competent courts in accordance with applicable law.

We may update these Terms from time to time. We will update the “Last updated” date and, where changes are material, inform you via the app, website, or email. If you continue to use the Service after changes take effect, you accept the updated Terms. If we materially change pricing or key obligations, we will provide advance notice consistent with applicable consumer law.

For questions, concerns, or requests regarding these Terms or the Service, contact us at: contact@bester-app.com