Terms of Service

These Terms of Service (“Terms”) are a binding agreement between you and Besties, Inc. (“BeAnywhere,” “we,” “us”) governing your use of the BeAnywhere mobile app (the “App”). Please read Section 15 carefully — it requires most disputes to be resolved by individual arbitration and waives class actions, unless you opt out within 30 days.

By downloading or using the App, you agree to these Terms. If you don’t agree, don’t use the App.

1. Eligibility

You must be at least 18 years old to use BeAnywhere. By using the App you represent that you are 18 or older.

2. What BeAnywhere does

BeAnywhere lets you upload photos of yourself and uses AI to generate stylized images of you in various scenes (“packs”). You buy packs through Apple’s in-app purchase. We may modify, add, remove, or discontinue packs, features, or the App itself, in whole or in part, at any time and without liability to you.

3. Your photos and your content

• You keep ownership of the photos you upload. You grant BeAnywhere a limited, non-exclusive license to use, process, and store your photos solely to provide the App’s features to you (generating, delivering, and restoring your packs) as described in our Privacy Policy.
• You own the images we generate for you and may use them for your personal, lawful purposes.
• You promise that: (a) the photos you upload are of yourself, or you have the explicit consent of every identifiable person shown; (b) you have all rights needed to upload them; and (c) you will not upload photos of any person under 18.

4. Consent to image processing

By uploading photos, you consent to BeAnywhere processing images that contain your face solely to generate stylized images at your request, as described in our Privacy Policy. BeAnywhere does not use facial recognition to identify you, does not create or store a faceprint or biometric identifier for identification, does not sell facial data, and does not use your photos to train AI models. You may withdraw consent by deleting your data in the App and discontinuing use.

5. AI-generated results

The images BeAnywhere produces are AI-generated and will vary. We do not guarantee that any image will be photorealistic, flattering, an accurate likeness, or free of artifacts. AI image generation is inherently unpredictable. You are responsible for how you use the images, and you agree not to use them to deceive, defraud, impersonate, harass, or mislead anyone, or in any unlawful way.

6. Purchases, pricing, and refunds

• Packs are sold as consumable in-app purchases through Apple at the price shown in the App (for example, $1.99 per pack). Payment is charged to your Apple Account.
• Because packs are generated on demand, all sales are final except where a refund is required by law or granted by Apple. Refund requests for App Store purchases are handled by Apple under Apple’s policies.
• If a pack fails to generate due to our error, we may provide a credit or re-generation as offered in the App.
• We may change prices prospectively; changes don’t affect purchases already made.

7. Acceptable use

You agree not to:

• upload photos of other people without their explicit consent, or any photo of a minor;
• upload or generate illegal, infringing, hateful, harassing, sexually explicit, or non-consensual intimate content, or use the App to create “deepfakes” intended to deceive or harm;
• use the App or generated images to impersonate, defraud, harass, or mislead, or to misrepresent AI-generated images as unaltered photographs in any deceptive way;
• reverse engineer, decompile, scrape, overload, or interfere with the App or its servers;
• resell or commercially exploit the App without our permission.

We may suspend or terminate access for violations.

8. Intellectual property

The App itself — including its software, design, branding, and the “BeAnywhere” name and logo — is owned by us and protected by law. These Terms don’t give you any rights in the App except the limited right to use it as intended. If you send us feedback, ideas, or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or obligation to you.

9. Third-party services

The App relies on Apple, our AI image-generation provider (currently OpenAI), and Google Firebase/Cloud to function (see the Privacy Policy). Your use of the App may also be subject to Apple’s terms. We aren’t responsible for third-party services we don’t control.

10. Apple App Store — additional terms

These Terms are between you and Besties, Inc. only, and not with Apple Inc. (“Apple”). Apple is not responsible for the App or its content. To the extent these Terms apply to your use of the App obtained from the Apple App Store, you and we acknowledge:

• Your license to use the App is a non-transferable license to use it on any Apple-branded device that you own or control, as permitted by the App Store Terms of Service.
• We, not Apple, are solely responsible for providing any maintenance and support for the App. Apple has no obligation to furnish any maintenance or support.
• To the maximum extent permitted by law, Apple has no warranty obligation for the App. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any); beyond that, Apple has no other warranty obligation, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are our responsibility.
• We, not Apple, are responsible for addressing any claims by you or any third party relating to the App or your use of it, including product-liability claims, claims that the App fails to conform to any legal or regulatory requirement, and claims arising under consumer-protection, privacy, or similar laws.
• We, not Apple, are responsible for investigating, defending, settling, and discharging any third-party claim that the App or your use of it infringes that party’s intellectual-property rights.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as “terrorist supporting,” and that you are not on any U.S. Government list of prohibited or restricted parties. You will comply with any applicable third-party terms when using the App.
• Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

11. Disclaimers

THE APP AND ALL GENERATED IMAGES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, express or implied, including merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the App will be uninterrupted, error-free, or that results will meet your expectations.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BeAnywhere AND Besties, Inc. WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, OR GOODWILL. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE APP WILL NOT EXCEED THE GREATER OF (a) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM, OR (b) US $50. Some jurisdictions don’t allow certain limitations, so some of these may not apply to you.

13. Indemnification

You agree to indemnify and hold harmless BeAnywhere and Besties, Inc. from claims, damages, and expenses (including reasonable legal fees) arising from your misuse of the App, your content, or your violation of these Terms or others’ rights (including uploading someone else’s photo without consent).

14. Termination

You may stop using the App at any time and delete your data in Settings. We may suspend or terminate your access if you violate these Terms or to protect the App and its users. Sections that by their nature should survive termination (including Sections 8 and 11–13, 15, and 16) will survive.

15. Dispute resolution — arbitration and class-action waiver

Please read this section carefully.

Informal resolution first. If you have a dispute, email us at support@beanywhere.app and we’ll try to resolve it informally within 60 days.

Binding arbitration. If we can’t resolve it informally, you and BeAnywhere agree that any dispute arising out of or relating to the App or these Terms will be resolved by final and binding individual arbitration, administered by a recognized arbitration provider under its consumer rules, rather than in court — except that either party may bring an individual claim in small-claims court.

Class-action waiver. You and BeAnywhere 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, or representative action. The arbitrator may not consolidate more than one person’s claims.

Exceptions. This Section does not apply to claims that may not be subject to pre-dispute arbitration agreements under applicable law (for example, certain claims under the U.S. Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act).

30-day right to opt out. You can opt out of this arbitration agreement and class-action waiver by emailing support@beanywhere.app with the subject line “Arbitration Opt-Out,” including your support identifier, within 30 days of first accepting these Terms. If you opt out, disputes will be resolved in the courts identified in Section 16. Opting out won’t affect any other part of these Terms.

16. Governing law and venue

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. To the extent any dispute is not subject to arbitration, it will be brought exclusively in the state or federal courts located in Los Angeles County, California, and you consent to their jurisdiction.

17. General

These Terms and our Privacy Policy are the entire agreement between you and us regarding the App and supersede any prior agreements. If any provision is found unenforceable, the rest remains in effect, and the unenforceable provision will be limited or modified to the minimum extent necessary. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets. We are not liable for delays or failures caused by events beyond our reasonable control. Section headings are for convenience only.

18. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we’ll update the effective date and, where appropriate, notify you in the App. Continued use after changes means you accept the updated Terms.

19. Contact

Questions about these Terms? Email support@beanywhere.app.