Terms of Service

Last updated: April 27, 2026

Effective date: April 27, 2026

1. Scope and Acceptance

1.1 About These Terms

These Terms and Conditions ("Terms") govern your access to and use of the ai.best platform (the "Platform"), including the website at https://ai.best and any associated applications, APIs, or services (collectively, the "Services"), operated by AI.BEST ("AI.BEST," "we," "us," or "our"), a French simplified joint-stock company (société par actions simplifiée) with a share capital of €1,000, registered with the Registre du Commerce et des Sociétés of Créteil under number 799 482 120 (SIRET: 799 482 120 00018, VAT: FR25799482120, NAF: 7022Z).

ai.best is a digital marketplace enabling users to buy, sell, and discover AI prompts, agents, skills, and workflows (collectively, "Digital Products").

1.2 Acceptance

By creating an account, accessing, or using the Services, you ("you" or "User") acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Cookie Policy (collectively, the "Agreement"). If you do not agree to these Terms, you must not access or use the Services.

1.3 Capacity

You represent and warrant that you are at least sixteen (16) years of age and have the legal capacity to enter into binding agreements. If you are using the Services on behalf of a legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

1.4 Modifications

We reserve the right to modify these Terms at any time. Material changes will be communicated by posting the updated Terms on the Platform with a new effective date, and where required, by email notification at least thirty (30) days before the changes take effect. Your continued use of the Services after the effective date constitutes acceptance of the modified Terms. If you do not agree with the modifications, you must cease using the Services and close your account before the effective date.

2. Role of the Platform

2.1 Marketplace Intermediary

ai.best operates as a digital marketplace intermediary within the meaning of the EU Digital Services Act (Regulation (EU) 2022/2065) and French law (Loi pour la Confiance dans l'Économie Numérique, LCEN). We provide the technological infrastructure enabling Sellers to list Digital Products and Buyers to discover and purchase them.

2.2 No Party to Transactions

AI.BEST is not a party to the transactions between Buyers and Sellers. We do not own, create, verify, endorse, or assume any responsibility for the Digital Products listed on the Platform. The contract of sale for any Digital Product is formed directly between the Buyer and the Seller.

2.3 No Guarantee

While we take reasonable steps to maintain a quality marketplace, we do not guarantee the accuracy, completeness, legality, quality, safety, or suitability of any Digital Product, nor the ability of Sellers to sell or Buyers to pay. We do not guarantee that Digital Products will achieve any particular result or be fit for any specific purpose.

3. User Accounts

3.1 Account Registration

To access certain features of the Services, you must create an account by providing accurate, current, and complete information. You agree to promptly update your account information to keep it accurate and current.

3.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us at the contact form at https://ai.best/contact of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to safeguard your account credentials.

3.3 One Account Per Person

Each natural or legal person may maintain only one account on the Platform, unless expressly authorized by us in writing. We reserve the right to suspend or terminate duplicate accounts.

3.4 Account Types

The Platform offers two primary account types:

Buyer Account: allows you to browse, purchase, and download Digital Products. Buyers may also subscribe to one of the Buyer Subscription Plans described in Section 4.7.

Seller Account: allows you to list, price, and sell Digital Products, in addition to all Buyer Account features. Seller Accounts are subject to additional verification requirements as set forth in Section 5. A Premium Seller Subscription with white-label features is also available, as described in Section 5.9.

4. Buyer Terms

4.1 Purchasing Digital Products

When you purchase a Digital Product, you enter into a binding contract directly with the Seller. By completing a purchase, you agree to pay the listed price plus any applicable taxes and fees.

4.2 License Grant to Buyers

Unless otherwise specified in the Digital Product listing, each purchase grants you a non-exclusive, non-transferable, non-sublicensable, perpetual license to use the Digital Product for your personal or internal business purposes. The specific license terms (e.g., commercial use, modification rights, redistribution rights) are determined by the Seller and stated in the Digital Product listing. You must review and comply with the license terms associated with each Digital Product.

4.3 Restrictions on Use

Unless expressly authorized by the applicable license terms, you may not:

(a) Redistribute, resell, sublicense, or make available the Digital Product to third parties.

(b) Claim authorship or ownership of the Digital Product.

(c) Use the Digital Product to create a competing product or service on any marketplace.

(d) Remove, alter, or obscure any proprietary notices, labels, or attributions included in the Digital Product.

(e) Use the Digital Product for any unlawful purpose or in violation of applicable law.

4.4 Digital Product Delivery

Digital Products are delivered electronically through the Platform immediately upon successful payment. You acknowledge and accept that, pursuant to Article L. 221-28, 13° of the French Consumer Code (Code de la consommation), by completing your purchase and accessing the Digital Product, you expressly consent to the immediate performance of the contract and acknowledge that you thereby waive your right of withdrawal (droit de rétractation).

4.5 Refund Policy

Given the nature of Digital Products and the waiver of the right of withdrawal described above, purchases are generally non-refundable. However, you may request a refund in the following limited circumstances:

(a) Non-delivery: the Digital Product was not delivered or is inaccessible after purchase due to a technical failure not attributable to you.

(b) Materially not as described: the Digital Product is materially and significantly different from its listing description, and the discrepancy renders the product unfit for its described purpose.

(c) Defective or non-functional: the Digital Product contains errors, malicious code, or defects that prevent it from functioning as described.

Refund requests must be submitted within fourteen (14) calendar days of the purchase date through the Platform's dispute resolution system. We will review each request on a case-by-case basis. If a refund is granted, the refund will be issued to the original payment method. Our decision on refund requests is subject to the rights and remedies available to you under applicable law.

4.6 Reviews and Ratings

Buyers may leave reviews and ratings for purchased Digital Products. Reviews must be honest, accurate, based on genuine experience with the Digital Product, and compliant with our content guidelines. We reserve the right to remove reviews that are fraudulent, abusive, defamatory, or otherwise violate these Terms.

4.7 Buyer Subscription Plans

In addition to one-time Paid Post purchases, Buyers may subscribe to a recurring plan that grants access to Digital Products available on the Platform under the applicable plan terms (each, a "Buyer Subscription Plan"). The Buyer Subscription Plans are:

(a) Starter at €4.99 per month;

(b) Pro at €14.99 per month; and

(c) VIP at €29.99 per month.

The features, content access scope, and any usage limits for each Buyer Subscription Plan are described on the Platform and may be updated from time to time. Subscriptions automatically renew at the end of each billing cycle until canceled by the Buyer. Buyers may cancel a Buyer Subscription Plan at any time from their account settings; cancellation takes effect at the end of the then-current billing cycle, and no partial refunds are issued for unused portions of a billing cycle, except where required by mandatory consumer law. Subscription prices are inclusive of all applicable payment processing fees, but may be subject to VAT or other taxes depending on the Buyer's jurisdiction.

5. Seller Terms

5.1 Seller Eligibility and Verification

To sell Digital Products on the Platform, you must complete our seller verification process, which may include providing your legal name or business name, a valid email address and telephone number, a valid government-issued identification document (for individual sellers), business registration documents (for legal entities), tax identification information (VAT number, SIRET/SIREN for French sellers), and bank account information for payout processing.

We reserve the right to request additional documentation at any time to maintain compliance with applicable law, including KYC, AML, and tax reporting regulations (including DAC7).

5.2 Seller Obligations

As a Seller, you represent, warrant, and agree that:

(a) You have full legal authority and rights to sell, distribute, and license each Digital Product you list on the Platform.

(b) Each Digital Product is your original creation or you hold all necessary rights, licenses, and permissions to offer it for sale, including from any third parties whose intellectual property is incorporated.

(c) No Digital Product infringes upon the intellectual property rights, privacy rights, or any other rights of any third party.

(d) Each Digital Product listing accurately and completely describes the Digital Product, its functionality, its limitations, its license terms, and any system requirements or dependencies.

(e) No Digital Product contains malicious code, viruses, trojans, backdoors, data-harvesting mechanisms, or any component designed to damage, interfere with, or gain unauthorized access to any system, device, or data.

(f) Digital Products comply with all applicable laws and regulations, including export control laws, data protection laws, and AI-specific regulations (including, where applicable, the EU AI Act, Regulation (EU) 2024/1689).

(g) You will comply with all applicable tax laws, including collecting and remitting any required taxes and filing any required tax declarations.

(h) You will promptly respond to buyer inquiries, support requests, and refund requests.

5.3 Prohibited Digital Products

The following categories of Digital Products are strictly prohibited on the Platform:

(a) Products designed to generate illegal content, including but not limited to child sexual abuse material, terrorist content, or content inciting violence or hatred.

(b) Products designed to circumvent security measures, distribute malware, conduct cyberattacks, or facilitate unauthorized access to systems or data.

(c) Products that infringe upon third-party intellectual property rights (copyrights, trademarks, patents, trade secrets).

(d) Products designed to deceive, defraud, or manipulate individuals, including deepfake generators intended for deception, phishing tools, or social engineering kits.

(e) Products designed for unlawful surveillance, stalking, or unauthorized data collection.

(f) Products that violate applicable data protection laws, including tools designed to extract, scrape, or process personal data without a legal basis.

(g) Products that violate export control laws or sanctions.

(h) Products classified as high-risk AI systems under the EU AI Act that do not comply with applicable conformity requirements.

(i) Products that promote discrimination based on race, ethnicity, gender, religion, sexual orientation, disability, or any other protected characteristic.

(j) Any other products that violate applicable law, public order, or morality (bonnes mœurs).

We reserve the right to remove any Digital Product and to suspend or terminate any Seller account that violates these prohibitions, without prior notice and without liability.

5.4 Intellectual Property and Licensing

Sellers retain ownership of their Digital Products. By listing a Digital Product on the Platform, the Seller grants AI.BEST a non-exclusive, worldwide, royalty-free license to reproduce, display, distribute, cache, and index the Digital Product (including preview materials, descriptions, and metadata) solely for the purpose of operating, promoting, and improving the Platform.

Sellers are solely responsible for setting and clearly communicating the license terms applicable to each Digital Product. We strongly recommend that Sellers use recognized license types and clearly specify the rights granted to Buyers (e.g., personal use only, commercial use, modification rights, attribution requirements).

5.5 Pricing and Currency

Sellers set the prices for their Digital Products. All prices are displayed in euros (EUR) unless otherwise specified. Sellers are responsible for ensuring that their prices comply with applicable pricing laws, including the requirement to display prices inclusive of all taxes payable by the Buyer (where applicable under French and EU consumer protection law).

5.6 Commission and Fees

AI.BEST charges the following fees to Sellers in respect of revenue generated through the Platform (collectively, the "Platform Fees"):

(a) Paid Post Fee. On each sale of an individual Digital Product offered as a one-time purchase (a "Paid Post"), including Prompts, Skills, Agents, Workflows, and Bundles thereof, AI.BEST charges a fee equal to one euro (€1.00) plus ten percent (10%) of the gross sale price (excluding applicable taxes) (the "Paid Post Fee"). The Paid Post Fee is automatically deducted from the sale proceeds before any payout to the Seller.

*Example:* For a Paid Post sold at €20.00, the Paid Post Fee is €3.00 (€1.00 + 10% of €20.00), and the Seller's net entitlement is €17.00 (excluding applicable taxes and any subsequent Payout Fee under Section 5.7).

(b) Buyer Subscription Commission. On revenue collected from Buyer Subscription Plans (as defined in Section 4.7), AI.BEST retains a commission of thirty percent (30%) of the gross subscription revenue (excluding applicable taxes) (the "Buyer Subscription Commission"). The Buyer Subscription Commission is inclusive of all PSP Fees (as defined below) associated with the relevant subscription transactions; AI.BEST bears such PSP Fees out of the Buyer Subscription Commission. The remaining seventy percent (70%) constitutes the "Subscription Seller Pool" and is allocated and distributed to Sellers in accordance with the revenue-sharing methodology described on the Platform, which may take into account engagement, downloads, ratings, and other usage signals associated with each Seller's Digital Products.

(c) PSP Fees on Paid Posts. For Paid Post transactions, all payment processing fees charged by our third-party payment service provider, Stripe (the "PSP Fees"), are borne by the Seller and deducted from the sale proceeds in addition to the Paid Post Fee. PSP Fees are set by Stripe and are subject to change in accordance with Stripe's published fee schedule (available at https://stripe.com/pricing). AI.BEST has no control over and assumes no liability for changes to PSP Fees.

The Platform Fees are non-negotiable unless otherwise agreed in writing between the Seller and AI.BEST. We reserve the right to modify the Platform Fees, the Buyer Subscription Commission rate, or the revenue-sharing methodology with at least thirty (30) days' prior written notice to Sellers. Continued listing of Digital Products after the effective date of such modification constitutes acceptance of the new terms.

5.7 Payouts

Seller earnings consist of the sum of (i) Paid Post sale proceeds minus the Paid Post Fee and applicable PSP Fees, plus (ii) the Seller's allocated share of the Subscription Seller Pool, in each case net of refunds, chargebacks, and any other deductions permitted under these Terms (the "Net Earnings"). Net Earnings are credited to the Seller's internal ai.best wallet balance as transactions are completed and confirmed.

Minimum Payout Threshold: Payouts are initiated only when the Seller's accumulated Net Earnings balance reaches or exceeds one hundred US dollars (USD $100.00) or its equivalent in the Seller's payout currency at the prevailing exchange rate at the time of payout (the "Minimum Payout Threshold"). Below this threshold, Net Earnings remain credited to the Seller's wallet balance and carry forward until the threshold is met.

Once the Minimum Payout Threshold is reached, payouts are processed automatically in accordance with the payout schedule published on the Platform (the "Payout Cycle"). Payouts are made via Stripe Connect to the bank account or payment method specified in the Seller's account settings. The Seller is responsible for ensuring that their payout information is accurate and up to date; AI.BEST shall not be liable for delays or losses resulting from incorrect payout details.

Account Closure with Balance Below Threshold: If a Seller closes their account or if their account is terminated while their Net Earnings balance is below the Minimum Payout Threshold, the remaining balance will be paid out within sixty (60) calendar days of account closure, provided that: (a) the balance exceeds twenty-five US dollars (USD $25.00); (b) there are no pending disputes, chargebacks, or investigations; and (c) the Seller has provided valid payout details. Balances of twenty-five US dollars (USD $25.00) or less at the time of account closure will be forfeited after one hundred and eighty (180) calendar days if the Seller fails to claim the balance after receiving written notice.

In addition to the Platform Fees, a payout processing fee of five percent (5%) of the Net Earnings amount shall be deducted from each payout disbursement to the Seller (the "Payout Fee"). The Payout Fee covers the administrative, compliance, and financial processing costs associated with disbursing funds to Sellers across multiple jurisdictions and currencies.

We reserve the right to withhold, suspend, or delay payouts in the following circumstances: (a) pending investigation of suspected fraud, policy violations, or intellectual property infringement; (b) excessive refund or chargeback rates (defined as exceeding five percent (5%) of total transactions in a rolling thirty-day period); (c) a request or order from a competent authority or court; or (d) any breach of these Terms by the Seller. Withheld funds will be released or forfeited in accordance with the outcome of the relevant investigation or proceeding.

5.8 Tax Obligations

Sellers are solely responsible for determining and fulfilling their tax obligations arising from sales made through the Platform, including the declaration and payment of income tax, VAT/GST, and any other applicable taxes. AI.BEST may be required to report certain transaction information to tax authorities pursuant to DAC7 (Council Directive (EU) 2021/514) or other applicable tax reporting obligations, and Sellers agree to cooperate with any such reporting requirements.

5.9 Premium Seller Subscription (Coming Soon)

AI.BEST intends to offer an optional, recurring "Premium Seller Subscription" at a price of nine euros (€9.00) per month, granting subscribed Sellers access to additional features, including (without limitation) connecting a custom domain name to the Seller's storefront and operating a fully white-labeled AI store. The Premium Seller Subscription is not yet available; specific features, eligibility criteria, billing terms, and any feature limitations will be described on the Platform at launch and will form part of these Terms upon publication. Subscription to the Premium Seller Subscription is in addition to, and does not replace, the Platform Fees set out in Section 5.6. AI.BEST may modify or discontinue the Premium Seller Subscription at any time in accordance with Section 1.4.

6. Payments

6.1 Payment Processing

All payments on the Platform are processed through Stripe Payments Europe, Ltd. ("Stripe"), our authorized payment service provider. By making a payment, you agree to Stripe's terms and conditions (https://stripe.com/legal) and privacy policy (https://stripe.com/privacy). AI.BEST does not store your full payment card details; all payment card information is processed and stored directly by Stripe in accordance with PCI DSS requirements.

6.2 Payment Methods

We accept payment methods as displayed at checkout. All payments must be made in the currencies supported by the Platform.

6.3 Taxes

Prices displayed on the Platform may or may not include applicable taxes (VAT, sales tax, or similar), depending on the Seller's configuration and your jurisdiction. Where required by law, applicable taxes will be calculated and displayed at checkout. AI.BEST may collect and remit taxes on behalf of Sellers where required by applicable law (e.g., marketplace VAT obligations under the EU VAT Directive).

6.4 Chargebacks and Payment Disputes

If you initiate a chargeback or payment dispute, we reserve the right to suspend your account pending investigation. Fraudulent chargebacks may result in permanent account termination and, where applicable, legal action. For Sellers, any chargeback fees imposed by Stripe in connection with a disputed transaction shall be deducted from the Seller's Net Earnings balance. If the Seller's balance is insufficient to cover chargeback fees, the Seller shall reimburse AI.BEST within fourteen (14) calendar days of written demand.

7. Intellectual Property

7.1 Platform Intellectual Property

The Platform, including its design, layout, graphics, logos, trademarks, trade names (including "ai.best"), software, source code, and all other content created by or on behalf of AI.BEST (the "Platform IP"), is the exclusive property of AI.BEST or its licensors and is protected by French and international intellectual property laws. You may not copy, reproduce, modify, distribute, display, or create derivative works from the Platform IP without our prior written consent.

7.2 User Content

You retain ownership of any content you submit, upload, or publish on the Platform ("User Content"), subject to the licenses granted in these Terms. By submitting User Content, you grant AI.BEST a non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use, reproduce, modify, adapt, publish, display, and distribute such User Content solely for the purpose of operating, promoting, and improving the Platform.

You represent and warrant that you own or have obtained all necessary rights to submit User Content and that your User Content does not infringe upon the rights of any third party.

7.3 DMCA and Copyright Infringement

We respect intellectual property rights and respond to notices of alleged infringement in accordance with applicable law, including Article 6 of the LCEN and the EU Digital Services Act.

If you believe that your intellectual property rights have been infringed by content on the Platform, please submit a notification containing the following information to the contact form at https://ai.best/contact:

(a) Identification of the copyrighted work or intellectual property right claimed to be infringed.

(b) Identification of the allegedly infringing material and its location on the Platform.

(c) Your contact information (name, address, email, telephone).

(d) A statement that you have a good-faith belief that the use is not authorized by the rights holder, its agent, or the law.

(e) A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the rights holder.

(f) Your electronic or physical signature.

Upon receipt of a valid notification, we will promptly remove or disable access to the allegedly infringing content and notify the uploader. We will process counter-notices in accordance with applicable law.

7.4 Repeat Infringers

We maintain a policy of terminating the accounts of Users who are repeat infringers of intellectual property rights.

8. Prohibited Conduct

You agree not to engage in any of the following prohibited conduct:

(a) Violating any applicable local, national, or international law or regulation.

(b) Infringing upon the intellectual property, privacy, publicity, or other rights of any third party.

(c) Submitting false, misleading, or inaccurate information, including creating fake accounts, posting fraudulent reviews, or manipulating ratings.

(d) Using the Services to distribute spam, unsolicited communications, or malware.

(e) Attempting to gain unauthorized access to the Platform, other user accounts, or any systems or networks connected to the Platform.

(f) Interfering with, disrupting, or imposing an unreasonable burden on the Platform's infrastructure.

(g) Scraping, crawling, or using automated means to access or collect data from the Platform without our prior written consent.

(h) Reverse engineering, decompiling, or disassembling any aspect of the Platform.

(i) Circumventing or attempting to circumvent any access controls, rate limits, security measures, or technical protection measures of the Platform.

(j) Using the Platform to engage in money laundering, terrorist financing, or any other financial crime.

(k) Facilitating transactions outside the Platform to avoid fees, commissions, or the protections offered by the Platform.

(l) Harassing, threatening, defaming, or intimidating other Users.

(m) Impersonating any person or entity, or misrepresenting your affiliation with any person or entity.

(n) Any other conduct that we determine, in our sole reasonable discretion, to be harmful to the Platform, its Users, or third parties.

9. Content Moderation

9.1 Moderation Practices

In accordance with the EU Digital Services Act and applicable French law, we employ a combination of automated tools and human review to moderate Digital Products and User Content on the Platform. Our moderation practices aim to detect and remove illegal content and content that violates these Terms.

9.2 Reporting Mechanism

Any User or third party may report content they believe to be illegal or in violation of these Terms by using the reporting mechanism available on the Platform or by emailing the contact form at https://ai.best/contact. Reports must contain sufficient information to identify the content and explain the reason for the report.

9.3 Notice and Action

Upon receiving a report or otherwise becoming aware of potentially illegal or non-compliant content, we will promptly assess the content and take appropriate action, which may include removal of the content, restriction of access, or no action if the content is determined to be lawful and compliant. We will notify the content provider of the action taken and the reasons therefor, and of the availability of the internal complaint mechanism and other redress options.

9.4 Internal Complaint Mechanism

Users affected by content moderation decisions may submit a complaint through our internal complaint mechanism within six (6) months of being notified of the decision. Complaints will be reviewed by qualified personnel who were not involved in the initial decision. We will communicate our reasoned decision to the complainant without undue delay.

9.5 Out-of-Court Dispute Resolution

Users who are not satisfied with the outcome of the internal complaint mechanism may seek resolution through a certified out-of-court dispute resolution body in accordance with Article 21 of the Digital Services Act. Details of available bodies will be provided upon request.

10. Account Suspension and Termination

10.1 Suspension or Termination by Us

We reserve the right to suspend, restrict, or terminate your account and access to the Services, with or without prior notice, for any of the following reasons:

(a) Breach of these Terms, including any prohibited conduct.

(b) Repeated intellectual property infringement.

(c) Fraudulent, abusive, or illegal activity.

(d) Non-payment of fees or commissions.

(e) Upon request by a competent authority or court order.

(f) Extended account inactivity (twelve months or more, following notice).

(g) Any other reason where continued access would pose a risk to the Platform, other Users, or third parties.

Before or at the time of suspension or termination, we will provide a statement of reasons for our decision, except where prohibited by law or where such disclosure would compromise an ongoing investigation.

10.2 Termination by You

You may terminate your account at any time by using the account closure feature on the Platform or by contacting us at the contact form at https://ai.best/contact. Account closure does not relieve you of any outstanding obligations, including pending transactions, fees, or refunds.

10.3 Effects of Termination

Upon termination of your account:

(a) Your right to access and use the Services ceases immediately.

(b) We may retain your personal data as required by applicable law and in accordance with our Privacy Policy.

(c) Sellers' outstanding payouts will be processed in accordance with the payout schedule, subject to any holds for pending disputes or investigations.

(d) Licenses granted to Buyers for previously purchased Digital Products survive termination.

(e) Provisions of these Terms that by their nature should survive termination will survive, including intellectual property provisions, limitation of liability, indemnification, and dispute resolution.

11. Disclaimer of Warranties

11.1 "As Is" Basis

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL DIGITAL PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

11.2 No Warranty on Digital Products

We do not warrant the quality, accuracy, completeness, reliability, legality, or fitness for any purpose of any Digital Product listed on the Platform. We are not responsible for any loss or damage resulting from your use of or reliance on any Digital Product.

11.3 No Warranty on AI Output

Digital Products on the Platform may interact with or generate outputs through artificial intelligence systems. AI-generated outputs may be inaccurate, incomplete, biased, or inappropriate. We make no representations or warranties regarding the accuracy, reliability, or suitability of any AI-generated output produced by or through Digital Products.

11.4 Consumer Rights

Nothing in this Section 11 affects your statutory rights as a consumer under French and EU consumer protection law, including the legal guarantee of conformity (garantie légale de conformité) under Articles L. 217-3 et seq. of the French Consumer Code and the warranty against hidden defects (garantie des vices cachés) under Articles 1641 et seq. of the French Civil Code (Code civil).

12. Limitation of Liability

12.1 Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AI.BEST SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2 Aggregate Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF AI.BEST ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO AI.BEST IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED EUROS (€100).

12.3 Statutory Exceptions

Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any other liability that cannot be excluded or limited under applicable law; or (d) obligations arising under mandatory provisions of French consumer law.

13. Indemnification

You agree to indemnify, defend, and hold harmless AI.BEST, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with:

(a) Your use of or access to the Services.

(b) Any Digital Products you list, sell, or distribute on the Platform.

(c) Your breach of these Terms or any applicable law.

(d) Your violation of any third-party rights, including intellectual property rights.

(e) Any dispute between you and another User.

This indemnification obligation does not apply to the extent that the claim arises solely from our negligence or willful misconduct.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal dispute resolution procedure, you agree to first attempt to resolve any dispute informally by contacting us at the contact form at https://ai.best/contact. We will endeavor to resolve your concern within thirty (30) days of receipt. Most disputes can be resolved through good-faith negotiation.

14.2 Mediation

If a dispute cannot be resolved informally, either party may propose mediation before a mediator registered with the list of mediators maintained by the Paris Court of Appeal. Consumer users may also access the consumer mediation process in accordance with Articles L. 612-1 et seq. of the French Consumer Code. The designated consumer mediator is published on the Platform and may be contacted via the details provided therein. You may also use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

14.3 Governing Law

These Terms are governed by and construed in accordance with the laws of France, without regard to its conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

14.4 Jurisdiction

Any dispute arising out of or in connection with these Terms that cannot be resolved through mediation shall be subject to the exclusive jurisdiction of the competent courts of Paris, France. Notwithstanding the foregoing, consumer users located in the European Union may bring proceedings in the courts of their member state of habitual residence, in accordance with Regulation (EU) No 1215/2012 (Brussels I Recast).

14.5 Platform-to-Business Regulation

Where you are a business user within the meaning of Regulation (EU) 2019/1150 (Platform-to-Business Regulation), our ranking, search, and listing practices are described on the Platform. You may address any complaint relating to non-compliance with the P2B Regulation by emailing the contact form at https://ai.best/contact.

15. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay results from a force majeure event, including but not limited to natural disasters, acts of war or terrorism, pandemics, government actions, strikes, power failures, internet or telecommunications failures, or cyberattacks. The affected party must notify the other party promptly and take reasonable steps to mitigate the impact.

16. Miscellaneous

16.1 Entire Agreement

These Terms, together with the Privacy Policy, Cookie Policy, and any Seller Fee Schedule or additional terms referenced herein, constitute the entire agreement between you and AI.BEST with respect to the Services, superseding all prior or contemporaneous agreements, representations, or understandings.

16.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed from these Terms if modification is not possible, and the remaining provisions shall continue in full force and effect.

16.3 Waiver

The failure of AI.BEST to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of AI.BEST.

16.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

16.5 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights, except as expressly provided herein.

16.6 Language

These Terms are drafted in English. In the event of any conflict between the English version and any translated version, the English version shall prevail, except where prohibited by applicable law.

16.7 Notices

Unless otherwise specified, notices under these Terms shall be sent by email to the email address associated with your account (for notices to you) or to the contact form at https://ai.best/contact (for notices to us). Notices are deemed received upon successful electronic delivery.

17. Digital Services Act Compliance

17.1 Point of Contact

In accordance with Article 11 of the EU Digital Services Act (Regulation (EU) 2022/2065), our single point of contact for communications with member state authorities, the European Commission, and the European Board for Digital Services is:

Email: the contact form at https://ai.best/contact

Our single point of contact for recipients of the service is available at: the contact form at https://ai.best/contact

17.2 Legal Representative

AI.BEST is established in France and is therefore subject to the jurisdiction of the competent French authorities for the enforcement of the Digital Services Act.

17.3 Transparency Reporting

We publish transparency reports in accordance with Article 15 of the Digital Services Act, detailing content moderation activities, orders received from authorities, and notices processed. These reports are available on the Platform.

17.4 Trusted Flaggers

We prioritize notices submitted by trusted flaggers designated under Article 22 of the Digital Services Act.

18. Contact Information

For questions, concerns, or notices regarding these Terms, please contact us:

AI.BEST

RCS Créteil 799 482 120

SIRET: 799 482 120 00018

TVA: FR25799482120

Email: the contact form at https://ai.best/contact

Support: the contact form at https://ai.best/contact

Website: https://ai.best