Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the websites, mobile applications, and services (collectively, the “Services”) operated by Ray’s Deli and Supplies, Inc., a Delaware corporation doing business as Bestomer (“Bestomer,” “we,” “us,” or “our”). Our Services are accessible at https://bestomer.com and through the Bestomer mobile application available on iOS and Android.

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

1. Eligibility

1.1 Age Requirement

You must be at least 21 years of age to access or use the Services. By using the Services, you represent and warrant that you are 21 or older. If we discover or have reason to believe that you are under 21, we reserve the right to terminate your account and access immediately without notice.

1.2 Legal Capacity

You represent that you have the legal capacity to enter into a binding contract in your jurisdiction and that your use of the Services does not violate any applicable law.

1.3 Geographic Scope

The Services are intended for users in the United States and Canada. We make no representation that the Services are appropriate or available in other locations. Accessing the Services from jurisdictions where such access is illegal is prohibited.

2. Accounts

2.1 Registration

Certain features of the Services require you to create an account. You may register using a valid email address and password, or by authenticating through Google OAuth. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account.

2.2 Account Information

You agree to provide accurate, current, and complete information during registration and to update such information as necessary. We reserve the right to suspend or terminate accounts with inaccurate or misleading information.

2.3 Guest Access

Non-registered users may access certain core features of the consumer Services without creating an account. These Terms still apply to such access.

2.4 Account Security

You agree to notify us immediately at support@bestomer.com of any unauthorized use of your account. We are not liable for losses arising from unauthorized account access that result from your failure to safeguard your credentials.

2.5 One Account Per User

You may not create multiple accounts to circumvent restrictions, bans, or limitations we impose.

3. License to Use the Services

3.1 Limited License

Subject to these Terms, Bestomer grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal or internal business purposes.

3.2 Restrictions

You may not:

• copy, modify, distribute, sell, or lease any part of the Services or any content generated by the Services;
• reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, models, or embeddings underlying the Services;
• use the Services to build or train a competing artificial intelligence product, platform, or service;
• scrape, crawl, or otherwise extract data from the Services via automated means, except as expressly permitted by these Terms or a written agreement with Bestomer;
• use the Services in any manner that could disable, overburden, damage, or impair them;
• use the Services to transmit unsolicited communications, spam, or malware;
• attempt to gain unauthorized access to any portion of the Services or related systems.

4. User Content

4.1 Your Content

You may submit, upload, or otherwise provide text, images, photographs, video, and other materials to the Services (“User Content”). You retain ownership of your User Content.

4.2 License to Bestomer

By submitting User Content, you grant Bestomer a worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, display, and process your User Content for any purpose related to operating, improving, and developing the Services, including training and improving our artificial intelligence and machine learning models.

4.3 AI Training Consent

You expressly acknowledge and consent that your User Content, usage data, and interactions with the Services may be used to train, fine-tune, and improve Bestomer’s proprietary and third-party AI models. This includes but is not limited to images, text inputs, behavioral signals, and personalization data.

4.4 Content Standards

You represent and warrant that your User Content: (a) does not infringe any third-party intellectual property rights; (b) does not contain unlawful, harmful, threatening, defamatory, or obscene material; (c) does not violate any applicable law; and (d) is accurate to the best of your knowledge.

4.5 Monitoring and Removal

We reserve the right, but not the obligation, to review, monitor, and remove User Content at our sole discretion.

5. Artificial Intelligence Disclaimer

5.1 Nature of AI Outputs

The Services use artificial intelligence and machine learning models to generate recommendations, analysis, and other outputs. AI outputs are probabilistic and may be incomplete, inaccurate, outdated, or otherwise in error (“AI Hallucinations”). Bestomer makes no representation or warranty regarding the accuracy, completeness, or reliability of any AI-generated output.

5.2 No Professional Advice

Nothing in the Services constitutes professional, financial, legal, medical, or other regulated advice. Do not rely on AI-generated outputs as a substitute for professional judgment.

5.3 User Responsibility

You are solely responsible for evaluating the appropriateness of any output and for any decision or action you take based on information provided by the Services.

5.4 Model Evolution

Bestomer may update, retrain, replace, or modify its AI models at any time without notice. The behavior, outputs, and capabilities of the Services may change as a result.

6. Intellectual Property

6.1 Bestomer IP

The Services, including all software, models, embeddings, datasets, designs, text, graphics, and other content created by Bestomer (excluding User Content), are owned by or licensed to Bestomer and protected by applicable intellectual property laws.

6.2 Feedback

If you submit suggestions, ideas, or feedback regarding the Services (“Feedback”), you grant Bestomer a non-exclusive, royalty-free, perpetual license to use, incorporate, and exploit such Feedback without restriction or compensation to you.

7. Privacy and Data

Your use of the Services is subject to our Privacy Policy, which is incorporated herein by reference. By using the Services, you consent to the collection and use of your data as described in that policy, including our use of cookies and tracking technologies.

8. Communications

8.1 Service Communications

By creating an account, you consent to receive transactional and service-related communications from us at the email address or phone number associated with your account.

8.2 Marketing Communications

With your opt-in consent, we may send you marketing communications by email and text message. You may opt out at any time by following the unsubscribe instructions in any marketing communication or by contacting us at support@bestomer.com. Opting out of marketing communications does not affect service-related communications.

8.3 Electronic Notices

You consent to receive notices, disclosures, and other communications electronically. Electronic communications satisfy any legal requirement that such communications be in writing.

9. Third-Party Services

The Services may contain links to or integrations with third-party websites, platforms, or services (e.g., Shopify, Google). These links and integrations are provided for convenience only. Bestomer does not endorse, control, or assume responsibility for any third-party services. Your use of third-party services is governed by their respective terms and privacy policies.

10. Disclaimers

10.1 As-Is Basis

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BESTOMER DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

10.2 No Uptime Guarantee

Bestomer does not warrant that the Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components.

10.3 No Fiduciary Duty

Bestomer owes no fiduciary duty to you. The Services are informational tools, not professional advisors.

11. Limitation of Liability

11.1 Exclusion of Consequential Damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BESTOMER AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 Aggregate Cap

TO THE FULLEST EXTENT PERMITTED BY LAW, BESTOMER’S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO BESTOMER IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

11.3 Essential Basis

THE PARTIES ACKNOWLEDGE THAT THE LIMITATIONS IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK AND ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

12. Indemnification

You agree to defend, indemnify, and hold harmless Bestomer and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of or access to the Services; (b) your User Content; (c) your violation of these Terms; (d) your violation of any applicable law or third-party rights.

13. Dispute Resolution and Arbitration

13.1 Informal Resolution

Before initiating formal proceedings, you agree to contact us at legal@bestomer.com and attempt to resolve the dispute informally for a period of 30 days.

13.2 Binding Arbitration

EXCEPT AS SET FORTH BELOW, ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS CONSUMER ARBITRATION RULES (FOR CONSUMER USERS) OR COMMERCIAL ARBITRATION RULES (FOR BUSINESS USERS), RATHER THAN IN COURT. YOU WAIVE ANY RIGHT TO A JURY TRIAL.

13.3 Class Action Waiver

YOU AGREE THAT ANY ARBITRATION OR OTHER PROCEEDING SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION.

13.4 Exceptions

Either party may bring an individual action in small claims court. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction for actual or threatened misappropriation of intellectual property or unauthorized access to the Services.

13.5 Opt-Out

You may opt out of the arbitration agreement by sending written notice to legal@bestomer.com within 30 days of first accepting these Terms.

14. Governing Law and Venue

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. For disputes not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California.

15. Modifications

Bestomer reserves the right to modify these Terms at any time. We will provide notice of material changes by posting updated Terms on our website and updating the “Last Updated” date, and, where appropriate, by sending an email to your registered address. Your continued use of the Services after the effective date of the updated Terms constitutes your acceptance.

16. Termination

16.1 By You

You may terminate your account at any time by contacting support@bestomer.com or using account settings.

16.2 By Bestomer

We may suspend or terminate your access to the Services at any time, with or without cause, with or without notice. Grounds for termination include, without limitation, violation of these Terms, including the Acceptable Use provisions in Section 18.

16.3 Effect of Termination

Upon termination, your license to use the Services ceases. Sections 4.2 (License to Bestomer), 5 (AI Disclaimer), 6 (IP), 10 (Disclaimers), 11 (Limitation of Liability), 12 (Indemnification), 13 (Arbitration), and 14 (Governing Law) survive termination.

17. General

17.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Bestomer with respect to the Services and supersede all prior agreements.

17.2 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force and effect.

17.3 No Waiver

Failure by Bestomer to enforce any right under these Terms does not constitute a waiver of that right.

17.4 Assignment

You may not assign these Terms or your rights hereunder without Bestomer’s prior written consent. Bestomer may assign these Terms freely, including in connection with a merger or acquisition.

17.5 Force Majeure

Bestomer is not liable for any failure or delay due to circumstances beyond its reasonable control.

17.6 Contact

Questions about these Terms may be directed to: legal@bestomer.com | Ray’s Deli and Supplies, Inc., 38 Keyes Ave, Suite 200, San Francisco, CA.

18. Acceptable Use

18.1 Prohibited Content

You may not use the Services to create, upload, transmit, display, or distribute content that:

• Is unlawful. Violates any applicable federal, state, or local law or regulation, including laws regarding intellectual property, privacy, consumer protection, or export controls.
• Is harmful or dangerous. Promotes, facilitates, or instructs in violence, self-harm, terrorism, extremism, or other dangerous conduct.
• Is harassing or abusive. Harasses, bullies, intimidates, threatens, defames, or abuses any individual or group.
• Is sexually explicit. Contains pornographic, sexually explicit, or adult content, unless expressly permitted in a separate written agreement.
• Infringes third-party rights. Infringes or misappropriates any copyright, trademark, trade secret, patent, right of publicity, privacy right, or other third-party intellectual property or proprietary right.
• Is deceptive or fraudulent. Impersonates any person or entity, misrepresents your identity or affiliation, or constitutes fraud, phishing, or deceptive trade practices.
• Contains malware. Contains viruses, worms, Trojan horses, ransomware, spyware, or any other malicious code or harmful components.
• Involves minors inappropriately. Involves the sexual exploitation, abuse, or endangerment of minors, or violates the Children’s Online Privacy Protection Act (COPPA) or analogous laws.

18.2 Prohibited Technical Conduct

You may not use the Services to:

• Gain unauthorized access. Attempt to probe, scan, or test the vulnerability of any Bestomer system or network; breach or circumvent any authentication, access control, or security measure.
• Interfere with the Services. Take any action that disrupts, degrades, overloads, or impairs the Services or any related infrastructure, including denial-of-service attacks, flooding, or similar attacks.
• Scrape or harvest data. Automatically extract, scrape, crawl, or harvest data or content from the Services using bots, spiders, automated scripts, or similar tools, except through documented API integrations expressly permitted by Bestomer.
• Reverse engineer. Decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code, underlying algorithms, AI models, model weights, or embeddings from the Services or any output thereof.
• Replicate AI models. Attempt to extract, copy, distill, or replicate Bestomer’s proprietary AI models or embeddings for any purpose, including building a competing product.
• Circumvent restrictions. Use technical means to bypass, circumvent, or override any feature restrictions, content filters, access controls, or rate limits.
• Conduct unauthorized monitoring. Monitor or copy any content of the Services without prior authorization from Bestomer.

18.3 Prohibited Commercial and Competitive Conduct

You may not use the Services to:

• Build competing AI products. Use outputs, data, or functionality derived from the Services to develop, train, or improve an artificial intelligence or machine learning product or service that competes with Bestomer.
• Resell without authorization. Resell, sublicense, or commercialize access to the Services or any outputs therefrom without Bestomer’s prior written consent.
• Unlawful pricing coordination. Use competitive data, pricing benchmarks, or any other output of the Services to engage in or facilitate price-fixing, unlawful pricing coordination, bid-rigging, or other anticompetitive conduct in violation of applicable antitrust or competition law.
• Unauthorized API access. Access the Services via undocumented or unauthorized API endpoints, or access the Services using another user’s credentials.

18.4 Prohibited Privacy and Data Conduct

You may not use the Services to:

• Collect personal information covertly. Collect, harvest, or aggregate personal information about other users without their knowledge or consent.
• Violate privacy laws. Upload or process personal information in violation of applicable data protection or privacy laws (including CCPA, PIPEDA, or other applicable laws).
• Upload regulated or sensitive data. Submit sensitive categories of personal data — including health or medical information, financial account numbers, government-issued identification numbers, biometric data, or children’s data — to the Services. The Services are not designed to process such data.
• Deanonymize data. Attempt to re-identify, deanonymize, or derive the identity of individuals from aggregated, anonymized, or de-identified data.

18.5 Responsibility for Content and Conduct

You are responsible for all content you submit and all activity that occurs through your account, including the conduct of any employees, contractors, or agents authorized by you. If you are a Merchant using the B-Side platform, you are responsible for ensuring that all data uploaded to the Services was collected and is being processed in compliance with applicable law and your own privacy commitments to your customers. Your use of the Services may involve integration with third-party platforms (e.g., Shopify); you are responsible for ensuring your use complies with those platforms’ terms as well.

18.6 Reporting Violations

If you become aware of content or conduct that violates this Section, please report it to support@bestomer.com. We will review reports and take appropriate action at our sole discretion. To report intellectual property infringement (DMCA notices), see Section 18.7.

18.7 Copyright / DMCA

If you believe that content on the Services infringes your copyright, you may submit a notice to our designated copyright agent:

Copyright Agent: To be designated upon DMCA agent registration.
Email: legal@bestomer.com
Mailing Address: Ray’s Deli and Supplies, Inc., 38 Keyes Ave, Suite 200, San Francisco, CA.

Your notice must include: (1) a physical or electronic signature of a person authorized to act on behalf of the copyright owner; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the infringing material and its location on the Services; (4) your contact information; (5) a statement of good-faith belief that the use is not authorized; and (6) a statement, under penalty of perjury, that the information is accurate and you are authorized to act. Counter-notifications and repeat-infringer procedures are available upon request.

18.8 Enforcement

Bestomer reserves the right, at its sole discretion, to remove or disable access to any content that violates this Section; suspend or terminate any account for violation of these Terms, with or without notice; report violations to appropriate law enforcement authorities; and cooperate with law enforcement investigations. Bestomer is not obligated to monitor the Services for violations but may do so at its discretion.

These additional terms apply to business users (“Merchants”) accessing the Bestomer B-Side platform. In the event of a conflict between Part I and Part II, Part II controls for Merchant use.

B1. B-Side Service Description

Bestomer B-Side is a B2B SaaS analytics platform that provides competitive intelligence, merchandising recommendations, and market positioning insights for retail merchants and Shopify merchants (the “B-Side Service”). Access is subject to a paid subscription as described in the applicable Order Form or subscription checkout.

B2. Subscription and Payment

B2.1 Trial Period

New Merchant accounts receive a 30-day free trial of the B-Side Service. No credit card is required to commence the trial. At the end of the trial period, continued access requires enrollment in a paid subscription plan.

B2.2 Subscription Plans

Paid subscriptions are billed on a monthly or annual basis as selected at checkout. Subscription fees are set forth on our pricing page and are subject to change with 30 days’ notice to active subscribers.

B2.3 Auto-Renewal

Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. By subscribing, you authorize us to charge your payment method on a recurring basis.

B2.4 Cancellation

You may cancel your subscription at any time through your account dashboard or by contacting billing@bestomer.com. Cancellation takes effect at the end of the then-current billing period. No refunds are issued for partial periods.

B2.5 Taxes

Subscription fees are exclusive of all applicable taxes. You are responsible for payment of all taxes, duties, or similar charges.

B3. Merchant Data and Ownership

B3.1 Merchant Owns Merchant Data

As between Bestomer and Merchant, Merchant retains all right, title, and interest in and to its customer data, product catalogs, and third-party integration data (“Merchant Data”). Bestomer does not claim ownership of Merchant Data.

B3.2 License to Bestomer

Merchant grants Bestomer a limited, non-exclusive license to process Merchant Data solely for the purpose of providing and improving the B-Side Service to that Merchant.

B3.3 AI Model Training — Merchant Data

Bestomer will not use a Merchant’s proprietary Merchant Data to train models that are shared across or made available to other merchants. Aggregated, anonymized, or derived insights that are not attributable to a specific Merchant may be used to improve the general platform.

B3.4 Public Catalog Data

Bestomer may use publicly available catalog data, including data from Merchant’s public-facing storefront, to train and improve general platform models.

B3.5 Derived Insights

Bestomer retains all right, title, and interest in AI models, embeddings, scores, benchmarks, and derived analytics generated by the B-Side Service (“Derived Insights”). Derived Insights are not Merchant Data.

B4. Competitive Intelligence Features

B4.1 Public Data Crawling

The B-Side Service may include features that crawl and analyze publicly available competitor product catalogs and pricing data (“Competitive Intelligence”).

B4.2 Disclaimer

COMPETITIVE INTELLIGENCE DATA IS SOURCED FROM PUBLIC CHANNELS AND MAY BE INCOMPLETE, INACCURATE, OUT-OF-DATE, OR OTHERWISE UNRELIABLE. BESTOMER MAKES NO WARRANTY REGARDING THE ACCURACY OR COMPLETENESS OF COMPETITIVE INTELLIGENCE DATA. MERCHANT SHOULD INDEPENDENTLY VERIFY ALL COMPETITIVE INTELLIGENCE BEFORE TAKING ANY BUSINESS ACTION BASED THEREON.

B4.3 Permitted Bulk Export

Merchants may export Competitive Intelligence data in bulk for their own internal business analysis. Merchants may not resell, redistribute, or sublicense exported Competitive Intelligence data to third parties.

B4.4 No Pricing Coordination

Merchant agrees not to use the B-Side Service or any outputs therefrom to engage in or facilitate unlawful pricing coordination, price-fixing, or any other conduct that violates applicable antitrust or competition law. BESTOMER EXPRESSLY DISCLAIMS ANY LIABILITY ARISING FROM MERCHANT’S USE OF COMPETITIVE INTELLIGENCE IN VIOLATION OF APPLICABLE LAW.

B5. Acceptable Use — B-Side Specific

In addition to the general acceptable use provisions in Section 18, Merchants may not:

• use the B-Side Service to build, train, or develop a competing AI analytics platform;
• scrape, harvest, or systematically extract data via the B-Side API or platform outside of documented, permitted integrations;
• reverse engineer, decompile, or attempt to extract or replicate Bestomer’s AI models, embeddings, or proprietary algorithms;
• share or transfer access credentials to unauthorized third parties;
• use the B-Side Service for any unlawful purpose.

B6. No Guarantee of Business Outcomes

BESTOMER DOES NOT GUARANTEE ANY PARTICULAR BUSINESS RESULTS, REVENUE OUTCOMES, COMPETITIVE ADVANTAGES, OR COMMERCIAL SUCCESS FROM USE OF THE B-SIDE SERVICE. RECOMMENDATIONS AND INSIGHTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. MERCHANT IS SOLELY RESPONSIBLE FOR ALL BUSINESS DECISIONS MADE IN RELIANCE ON THE SERVICE.

B7. Indemnification by Merchant

In addition to the general indemnification in Section 12, Merchant agrees to indemnify, defend, and hold harmless Bestomer from and against claims arising from: (a) Merchant’s unauthorized upload or submission of third-party data, customer data, or proprietary data without appropriate rights; (b) Merchant’s violation of applicable privacy, data protection, or consumer protection laws in connection with its use of the B-Side Service; (c) Merchant’s misuse of Competitive Intelligence features in violation of applicable antitrust or competition law.

B8. Limitation of Liability — B-Side

Notwithstanding Section 11.2, for Merchant subscribers, Bestomer’s total aggregate liability for any claim arising out of or related to the B-Side Service shall not exceed the total subscription fees paid by Merchant to Bestomer in the twelve (12) months immediately preceding the claim.

B9. SLA

Service availability and support response commitments for the B-Side Service are set forth in the Service Level Agreement, which is incorporated herein by reference. Bestomer will use commercially reasonable efforts to maintain availability of the B-Side Service. Enterprise SLA terms are available by written agreement.