Terms & Conditions

• “User,” “you,” “your” — any individual accessing the Services.
• “Content” — all text, audio, video, graphics, materials, meditations, recordings, images, artwork, interfaces, and other materials provided through the Services by the Company.
• “Paid Services” — subscription features available through the Apple App Store or Google Play Store.
• “User-Generated Content” (“UGC”) — any content you submit, save, or generate through the Services, including journaling entries, reflections, AI coaching messages and prompts, formula progress, saved favorites, preferences, notes, and other text or data inputs.
• “AI Features” — the AI-powered coaching, reflection, guidance, and support tools available within the Services.
• “AWS” — Amazon Web Services, our infrastructure provider.
• “OpenAI” — the third-party provider powering our AI Features.

By accessing or using the Services, you:

• Agree to be bound by these Terms
• Acknowledge and accept our Privacy Policy
• Affirm you are legally capable of entering binding agreements
• Consent to receive communications electronically
• Agree that your use is voluntary and at your own risk

To use the Services, you must:

• Be at least 18 years old
• Have legal capacity to enter into agreements
• Use the Services in compliance with all applicable laws

The Services are not intended for and may not be used by anyone under 18.

When you create an account, you agree to:

• Provide accurate, complete information
• Maintain the confidentiality of your login credentials
• Notify us immediately of any unauthorized access
• Accept responsibility for all activity occurring under your account

You may not share your account or allow others to access the Services through it. The Company is not liable for losses resulting from unauthorized access caused by your failure to safeguard your credentials.

By submitting UGC, you acknowledge and agree that:

• You choose voluntarily what to write and submit.
• You retain ownership of your UGC.
• You grant the Company a limited, non-exclusive, revocable license to store, process, transmit, display back to you, and analyze your UGC solely as necessary to operate, personalize, secure, troubleshoot, and improve the Services for you. This license ends when you delete your content or your account, subject to the retention terms in our Privacy Policy.
• AI Features operate by transmitting your inputs to OpenAI to generate responses, as described in our Privacy Policy.
• AI coaching conversations may be reviewed by authorized Company personnel and our development team, as described in Section 11.2 and in our Privacy Policy.
• You assume responsibility for deciding what sensitive information to enter.
• You will not submit content that is illegal, defamatory, harassing, infringing, or harmful.

We do not sell your UGC, and we do not use it to train AI models. We will not use your UGC for marketing or promotional purposes without your separate, express written permission.

We use industry-standard security measures to protect your UGC, including encryption in transit and at rest, as described in our Privacy Policy. However, you acknowledge that:

• No system or method of transmission is completely secure
• Unauthorized access, interception, alteration, corruption, or loss of data may occur despite reasonable safeguards
• We cannot warrant that a security incident will never occur

Please do not enter information you would not want stored. If you are uncomfortable with the storage and access terms described here and in our Privacy Policy, you can use the Services without the journaling or AI coaching features.

All Content and materials within the Services — including meditations, recordings, written materials, the formula and its structure, artwork, graphics, and interfaces — are owned by the Company or its licensors and protected by U.S. copyright law, international copyright conventions, trademark law, and other intellectual property laws.

Nothing in these Terms transfers any ownership interest in our Content to you.

Subject to these Terms and your payment of applicable fees, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your own personal, non-commercial use.

You may not reproduce, distribute, publicly perform, publicly display, resell, sublicense, or create derivative works from our Content without our prior written permission.

You agree not to:

• Use the Services for illegal, harmful, or abusive purposes
• Attempt unauthorized access to systems or other users’ accounts
• Use bots, scrapers, or automated systems to access the Services
• Circumvent digital rights management or access controls
• Interfere with the function or security of the Services
• Exploit bugs or vulnerabilities
• Upload malware or malicious content
• Record, download, redistribute, or resell meditations or other Content
• Use AI Features to generate unlawful, abusive, or harmful content
• Attempt to extract, reverse-engineer, or replicate our AI prompts, system instructions, or underlying methodology

The Services provide motivational content, meditations, self-help resources, journaling tools, and spiritual and manifestation guidance for personal development and self-reflection purposes only.

The Company is not a licensed medical, mental health, psychological, psychiatric, legal, or financial provider, and nothing in the Services constitutes professional advice of any kind. The Services are not a substitute for therapy, counseling, diagnosis, treatment, medication, crisis intervention, or professional care.

Never disregard professional advice, or delay seeking it, because of something you read, heard, or received through the Services. Always consult a qualified professional regarding any medical or mental health condition.

Manifestation and personal development outcomes vary by individual and depend on many factors outside our control. Results are not guaranteed. Any testimonials, examples, or descriptions of outcomes are illustrative only and do not constitute a promise, guarantee, or prediction of the results you will achieve.

The Services integrate with third-party providers, including AWS for hosting, OpenAI for AI Features, Stripe for processing website subscription payments, the Apple App Store and Google Play Store for processing in-app subscription payments, and analytics service providers.

Your use of the AI Features may involve transmitting your inputs to OpenAI, as further described in our Privacy Policy.

If you purchase a subscription through the Manifesting Bestie website, your payment information is processed by Stripe. If you purchase through the Apple App Store or Google Play Store, your payment is processed by the applicable app store.

Third-party providers operate under their own terms, privacy policies, and data-handling practices. To the extent permitted by applicable law, we are not responsible for their acts, omissions, availability, security, or data practices.

We may add, alter, modify, suspend, or discontinue any feature of the Services at any time, including AI Features, with or without notice. We will not be liable to you for any modification, suspension, or discontinuation, except that if we permanently discontinue a material paid feature during a subscription term, you may cancel and seek a refund through the applicable app store.

We may suspend or terminate your account and access to the Services at any time, with or without notice, if we reasonably believe you have violated these Terms, engaged in fraudulent or unlawful activity, or created risk or legal exposure for the Company or other users.

You may stop using the Services at any time and may request account deletion under our Privacy Policy. Termination does not automatically cancel your app store subscription, which you must cancel separately.

Sections 6, 7, 8, 11, 12, and 16 through 24 survive termination.

THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT AI-GENERATED CONTENT WILL BE ACCURATE, RELIABLE, OR SUITABLE FOR YOUR CIRCUMSTANCES.

Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you. Nothing in these Terms limits any non-waivable statutory rights you have as a consumer.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES — INCLUDING ANY RELIANCE ON AI-GENERATED CONTENT — WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so some of these limitations may not apply to you. Nothing in these Terms excludes liability for fraud, gross negligence, willful misconduct, death or personal injury caused by negligence, or any liability that cannot lawfully be excluded.

You agree to indemnify, defend, and hold harmless APS ECOM SOLUTIONS, LLC and its officers, members, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses — including reasonable attorneys’ fees — arising out of or relating to: (a) your use of the Services; (b) your UGC; (c) your violation of these Terms; (d) your violation of any law or the rights of a third party.

We will notify you of any such claim and may participate in the defense at our own expense. You may not settle any claim in a way that imposes an obligation on us without our prior written consent.

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

Subject to Section 20, you agree that any dispute not subject to arbitration will be brought exclusively in the state or federal courts located in Broward County, Florida, and you consent to personal jurisdiction there.

If you are a consumer resident in a jurisdiction whose law grants you the right to bring proceedings in your local courts or to the protection of mandatory local consumer law, nothing in this section deprives you of that right.

Please read this section carefully. It affects how disputes between you and the Company are resolved.

Informal resolution first. Before filing a claim, you agree to contact us at support@manifestingbestie.com and attempt to resolve the dispute informally for at least 30 days.

Binding arbitration. If we cannot resolve the dispute informally, any claim arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court.

• Venue. Arbitration will take place in Broward County, Florida, or — at your election — by telephone, videoconference, or written submission.
• Fees. Arbitration fees will be allocated under the AAA Consumer Arbitration Rules. Where those rules require, the Company will pay filing, administrative, and arbitrator fees for claims brought by consumers.
• Small claims carve-out. Either party may bring an individual claim in small claims court if it qualifies.
• Injunctive relief carve-out. Either party may seek injunctive relief in court to protect intellectual property rights or address unauthorized access to the Services.
• Opt out. You may opt out of this arbitration agreement by emailing support@manifestingbestie.com within 30 days of first accepting these Terms, stating your name, the email on your account, and that you are opting out of arbitration. Opting out will not affect any other part of these Terms or your use of the Services.

To the fullest extent permitted by law, you and the Company agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate claims or preside over any class or representative proceeding.

If this class action waiver is found unenforceable as to a particular claim, that claim will proceed in court rather than in arbitration, and the remainder of Section 20 will continue to apply to all other claims.

We may modify these Terms at any time. For material changes — including changes to AI Features, arbitration, or liability — we will provide notice through the app or by email before the changes take effect.

Your continued use of the Services after the effective date of a change constitutes acceptance. If you do not agree to a change, you must stop using the Services and may cancel your subscription through your app store.

If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. All remaining provisions remain in full force and effect.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company regarding the Services, and supersede all prior agreements and understandings on the subject.

Our failure to enforce any provision is not a waiver of our right to do so later. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets.

APS ECOM SOLUTIONS, LLC

DBA: Manifesting Bestie

Email: support@manifestingbestie.com

Website: https://manifestingbestie.com/