Last Updated: December 19, 2025

IMPORTANT NOTICE: This Terms of Use Agreement (the "Agreement") is a legally binding contract between you ("User" or "you") and Sober Girls Guide LLC ("Company," "we," "us," or "our"), concerning your access to and use of Bestday mobile application (the "App").

BY ACCESSING OR USING THE APP, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY ALL OF THESE TERMS OF USE. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE APP AND YOU MUST DISCONTINUE USE IMMEDIATELY.

1. USE OF THE APP AND LICENSE GRANT

1.1. License Grant

Subject to your compliance with this Agreement, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App strictly in accordance with the terms and conditions of this license.

1.2. Scope of License 

If you access the App from the Apple App Store, the license granted to you is limited to a non-transferable license to use the App on any Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple App Store Terms of Service, except that such App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.

1.3. Age Restriction

The App is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the App. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using the App.

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the App is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the App (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights. The Content and the Marks are provided “AS IS” for your information and personal use only.

3. PROHIBITED ACTIVITIES

You may not access or use the App for any purpose other than that for which we make the App available. As a user of the App, you agree not to:

1. Systematically retrieve data or other content from the App to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

2. Use the App for any illegal or unauthorized purpose.

3. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the App.

4. Violate any applicable laws, rules, or regulations in connection with your access or use of the App.

5. Use the App to send automated queries to any website or to send any unsolicited commercial e-mail.

4. MOBILE APPLICATION SPECIFIC TERMS

4.1. Maintenance and Support

You acknowledge and agree that we are solely responsible for providing any maintenance and support services with respect to the App as specified in this Agreement or as otherwise required under applicable law. Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the App.

4.2. Warranty 

We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple (if applicable), and Apple will refund the purchase price for the App, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

4.3. Product Claims 

You acknowledge that we, not Apple or Google, are responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

4.4. Intellectual Property Rights 

You acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, we, not Apple or Google, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

4.5. Export Compliance 

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

4.6. Third-Party Beneficiary 

You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.

5. PURCHASES AND PAYMENT

If the App includes in-app purchases or subscriptions, the following terms apply:

1. In-App Purchase Mechanism: All purchases made through the App must be processed through the payment mechanisms provided by the App Distributor (Apple App Store or Google Play Store).

2. Subscription Renewal: Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period.

1. Cancellation: You can manage your subscriptions and turn off auto-renewal by going to your App Distributor account settings after purchase.

6. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy. By using the App, you agree to be bound by our Privacy Policy, which is incorporated into this Agreement.

7. DISCLAIMER AND LIMITATION OF LIABILITY

7.1. Disclaimer

THE APP IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOUR USE OF THE APP AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APP AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

7.2. Limitation of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE APP.

8. GOVERNING LAW AND DISPUTE RESOLUTION

8.1. Governing Law

This Agreement and your use of the App are governed by and construed in accordance with the laws of the State of Wyoming applicable to agreements made and to be entirely performed within the State of Wyoming, without regard to its conflict of law principles.

8.2. Binding Arbitration and Class Action Waiver

Any dispute arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR THE COMPANY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

9. MISCELLANEOUS

9.1. Modifications

We reserve the right, in our sole discretion, to make changes or modifications to this Agreement at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of this Agreement.

9.2. Entire Agreement

This Agreement and any policies or operating rules posted by us on the App constitute the entire agreement and understanding between you and us.

10. CONTACT US

In order to resolve a complaint regarding the App or to receive further information regarding use of the App, please contact us at:

Sober Girls Guide LLC 30 N Gould St Ste R Sheridan, WY 82801 310-927-9251 hello@bestdayapp.com