Terms of Service
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These terms are the contract between you and Best Guests. They cover what the product does, what you are promising when you upload a guest list, what our numbers mean, and who is responsible for what when something goes wrong.
1.The agreement
Best Guests is a product of Mundial Partners. In these terms, "Best Guests", "we" and "us" mean that company, and "you" means the person or organization using the product.
By creating an account, joining the waitlist, or using Best Guests, you accept these terms. If you are accepting on behalf of a company, you are confirming that you have the authority to bind it, and "you" then means that company. If you do not accept these terms, do not use the product.
If we have signed a separate written agreement with you, that agreement wins wherever the two conflict.
2.What Best Guests does
You give us a guest list for an event. We match the people on it to their public social profiles, find the public content they posted about the event, calculate what that content and the event produced, and give you a report plus a reusable profile of the audience that attended.
What the product does will change. We add, alter, and remove features. If we remove something you depend on, or make a change that materially reduces the service on a paid plan, we will give you notice and you can cancel for a pro rata refund of anything you have prepaid.
3.Early access
Best Guests is in early access. Features are incomplete, they break, and some of them will be removed. We make no uptime commitment, we do not guarantee that data in a pre-release workspace will survive, and we may reset environments while we build.
Do not make Best Guests the only place a guest list or a report exists. Keep your own copy of anything you cannot afford to lose. Early access is provided as is, and the disclaimers in section 14 apply to it with full force.
Where we describe something as beta, preview, or early access inside the product, that label is part of these terms and not marketing.
4.Accounts and workspaces
- You must be 18 or older and legally able to enter a contract.
- Give us accurate information when you sign up, and keep it current.
- You are responsible for what happens under your account, including what your teammates do. Keep your credentials to yourself and tell us promptly if you think someone else has them.
- A workspace owner controls the workspace: who can join, what each member can see, and whether the workspace continues to exist. If you invite someone, you are giving them access to the data in it.
- We may suspend an account that is being used to break these terms, and we will tell you why.
5.Your data
Your data stays yours. Guest lists, event details, logos, reports, and everything else you put into Best Guests belong to you, and nothing here transfers ownership of them to us.
You give us the permission we need to run the product for you: to host, copy, process, transmit, and display your data, to enrich it, to match it against public content, and to produce reports from it. That permission exists so the product can function, it is limited to that purpose, and it ends when you delete the data or close your account.
We may use aggregated, de-identified information about how the product is used to operate and improve it. Aggregated means it cannot be traced back to you, your guests, or your events. We do not use one customer's data to build features or models for another customer, and we do not sell your data.
You can export your data while your account is open, and you can ask us to delete it. See the Privacy Policy for what we hold and how long we keep it.
6.Uploading a guest list
This is the section that carries the most weight, because a guest list is other people's personal data and you are the one who collected it.
When you upload a list, you promise all of the following.
You collected it lawfully. You have the right to give it to us and to have us process it as described here. You have given your guests whatever privacy notice the law requires, and that notice is broad enough to cover measurement and analysis by a service provider. You have any consent the law requires, and you will honor any objection or withdrawal a guest gives you. You will not upload special category data, government identifiers, or payment details.
For that data you are the controller and we are your processor. We handle it on your instructions and for your event, and our data processing terms apply. Ask us at operations@bestguests.ai for a data processing agreement if you need one on file.
If a guest asks you to delete or correct their record, you can do it yourself in the product. If a guest comes to us directly, we will tell you and help you act on it, but the decision is yours because the data is yours.
7.Acceptable use
Do not:
- Upload a list you do not have the right to upload, including lists bought from a broker or scraped from somewhere else
- Use Best Guests to build a profile of someone for harassment, stalking, discrimination, or any purpose a reasonable person would consider surveillance rather than event measurement
- Ask us to collect private content, or try to get at anything behind a login that is not yours
- Use the product to break a social platform's terms, and see section 8
- Resell, sublicense, or provide Best Guests to a third party as your own service, unless we have agreed to it in writing
- Copy the product, reverse engineer it, or use it to build a competing one
- Probe, scan, or load test our systems without written permission, or work around our rate limits, quotas, or access controls
- Upload malware, or anything unlawful, infringing, or deliberately misleading
- Share your account credentials, or use one account to serve multiple organizations
We may investigate suspected breaches and suspend access while we do. Serious or repeated breaches end the agreement.
8.Platform content and metrics
We collect public content from social platforms, using their APIs where they offer them and within their terms. Those platforms control what is available to us, and they change the rules without asking. If a platform restricts or removes access, the part of the product that depended on it may stop working, and that is not a breach of these terms by us.
Our numbers are estimates, not audited figures. Earned media value, reach, attribution, and the rest are produced by our models from the data available to us. They are calculated in good faith and they are useful for comparison and for making decisions. They are not accounting figures, they are not guaranteed to be accurate or complete, and they should not be presented to a third party as verified.
You are responsible for how you use them. If you put an earned media figure in a report to a client or an investor, that is your representation, not ours.
Content posted by guests belongs to those guests or to the platforms. Showing it to you in Best Guests does not give you the right to republish it. Get permission before you reuse someone's post.
9.Plans and billing
- Fees, plan limits, and what counts against them are shown when you subscribe.
- Subscriptions renew automatically for the same term until you cancel. Cancel before the renewal date and you will not be charged again.
- Fees are charged in advance and are non-refundable except where these terms or the law say otherwise. If we materially reduce a paid service, section 2 applies.
- Enrichment and content collection consume credits. Credits are consumed when the work runs, including when a run returns fewer results than you hoped, because the cost is in the looking. Credits expire at the end of the billing period unless we say otherwise, and they have no cash value.
- Prices can change. We will give at least 30 days notice before a change affects you, and it takes effect at your next renewal.
- Fees exclude tax. You are responsible for any tax other than tax on our income.
- If a payment fails we will retry and tell you. Sustained non-payment lets us suspend the workspace.
10.Our intellectual property
Best Guests, including the software, the interface, the models, the name, and the bowtie mark, belongs to us. You get a limited, non-exclusive, non-transferable right to use it while this agreement is in force, for your own business. Nothing else is granted, expressly or by implication.
Reports you generate are yours to use. The templates, calculations, and design they are built from stay ours.
11.Feedback
Tell us what is wrong with the product. If you send us an idea, a bug report, or a feature request, we can use it without owing you anything and without any obligation to keep it confidential. We are not asking you to hand over anything you consider proprietary, so do not send us something you need to protect.
12.Confidentiality
Each of us may learn non-public information about the other. Both of us agree to protect it with reasonable care, to use it only for this agreement, and not to disclose it except to people who need it and are under similar obligations. This does not cover information that is public, that the recipient already had, or that they developed independently. If the law compels disclosure, the party compelled will give the other notice where it is permitted to.
13.Term and termination
- You can stop using Best Guests and close your account at any time, from inside the product or by emailing us.
- We can terminate for material breach if you do not fix it within 30 days of notice, immediately for a breach of section 6 or section 7, or on 30 days notice if we discontinue the product.
- On termination your access ends. Export your data first. We delete it on the schedule in the Privacy Policy, so do not treat termination as a backup plan.
- Sections 5, 10, 11, 12, 14, 15, 16, 17 and 18 survive termination.
14.Disclaimers
Best Guests is provided as is and as available. To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing.
We do not warrant that the product will be uninterrupted or error free, that it will find every piece of content about your event, that a match or an estimate will be correct, or that it will meet your requirements. Some warranties cannot be excluded where you live, and nothing here excludes them.
15.Limitation of liability
To the fullest extent the law allows, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, lost data, or lost goodwill, even if it was warned they were possible.
Our total liability arising out of this agreement is capped at the greater of the fees you paid us in the 12 months before the claim, or one hundred United States dollars.
These limits do not apply to a party's fraud, wilful misconduct, or gross negligence, to your obligation to pay fees, to either party's indemnity obligations, or to anything that cannot be limited by law.
16.Indemnity
You will defend and indemnify us against claims, damages, and reasonable costs arising from your breach of section 6 or section 7, from data you uploaded that you did not have the right to upload, or from how you used or published our metrics.
We will defend and indemnify you against a third-party claim that Best Guests itself infringes their intellectual property, provided you tell us promptly, let us control the defense, and cooperate. We may resolve such a claim by modifying the product, replacing the infringing part, or terminating and refunding unused prepaid fees.
17.Governing law and disputes
These terms are governed by the laws of the State of Florida, United States, without regard to its conflict of laws rules. The state and federal courts located in Miami-Dade County, Florida have exclusive jurisdiction, and both of us consent to it.
Before filing anything, email operations@bestguests.ai with a description of the dispute. Most problems get solved this way, and we would rather solve yours than litigate it. Either party may still seek injunctive relief for misuse of intellectual property or confidential information without waiting.
18.Changes and general terms
We will update these terms. When we do, we change the effective date at the top. For material changes we will email account holders at least 30 days before they take effect. Continuing to use the product after that date means you accept the new terms. If you do not, stop using the product and tell us, and we will refund any unused prepaid fees.
- Entire agreement. These terms, the Privacy Policy, and any order form or written agreement between us are the whole agreement, and they replace anything said earlier.
- Severability. If a provision is unenforceable, the rest stays in force and the provision is narrowed to what is enforceable.
- No waiver. Not enforcing something once does not waive it.
- Assignment. You may not assign these terms without our written consent. We may assign them in a merger, acquisition, or sale of the business.
- Force majeure. Neither party is liable for a delay caused by something genuinely outside its control. Paying money is not excused by this.
- Notices. We will email the address on your account. Send notices to us at operations@bestguests.ai.
- Independent parties. This agreement creates no partnership, agency, or employment relationship.
Getting in touch
Reach out by email with any questions, comments, or concerns.
- operations@bestguests.ai
- Operated by
- Best Guests, a product of Mundial Partners.