Terms of Use

These Terms of Use (“Terms”) are an agreement between you and the operator of fyibest.com (“we”, “us”) governing your use of fyibest.com and everything offered there, including features added later (the “Site”). By using the Site, and in particular by recording or submitting anything, you accept these Terms. If you do not accept them, do not use the Site.

1. Who may use the Site

You must be at least 13 years old to use the Site, and old enough to enter into a binding agreement where you live. If you use the Site on behalf of an organisation, you confirm you are authorised to accept these Terms for it.

2. The Site is provided as-is

The Site is provided for general informational purposes, free of charge, on an “as is” and “as available” basis. We may change, suspend, limit or discontinue the Site or any feature, at any time, without notice, and we are not obliged to keep it available, to retain anything you submit, or to return it to you. Automated processing can be inaccurate or incomplete, and output may contain errors. Do not rely on the Site for anything important.

3. No professional advice

Nothing on the Site is legal, medical, psychological, financial, tax, or other professional advice, and no professional relationship is created by using it. Do not act on anything from the Site without consulting a qualified professional.

The Site is not a crisis, counselling or emergency service and is not monitored. If you or someone else may be in danger, contact your local emergency number or a crisis line immediately. In the United States, call or text 988.

4. What you submit

You keep whatever ownership rights you already have in the recordings, transcripts, text and other material you submit (“Your Content”). You are solely responsible for it.

By submitting Your Content, you grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable licence to host, store, reproduce, process, analyse, transcribe, translate, modify, create derivative works from, and otherwise use Your Content in order to operate, secure, analyse, improve and develop the Site and our products and services. This licence survives your stopping use of the Site.

You represent and warrant that you own or have all rights necessary to submit Your Content and to grant this licence; that Your Content does not infringe anyone's rights or violate any law; and that it does not contain personal information about anyone else that you are not entitled to share.

If you submit a recording, you confirm it is your own voice, or that every person recorded has consented to the recording and to its submission under these Terms, as required by the law that applies to you.

Nothing you submit is confidential. Do not submit trade secrets, credentials, government identifiers, financial or health information, or anything else sensitive, secret, or subject to a duty of confidentiality. We are not liable for anything you submit contrary to this paragraph.

If you send us suggestions, feedback or ideas, we may use them for any purpose without obligation, compensation or attribution to you.

5. Acceptable use

You agree not to:

We may remove content, and limit, suspend or terminate your access, at any time and without notice, for any reason.

6. Our content

The Site itself — its software, design, text, graphics and other material we provide — is owned by us or our licensors and protected by intellectual property law. You may use it only as necessary to use the Site as intended. No other rights are granted.

7. Privacy

Our handling of information is described in the Privacy Policy, which forms part of these Terms.

8. Disclaimer of warranties

To the fullest extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy and quiet enjoyment. We do not warrant that the Site will be uninterrupted, secure, error-free, or that any output will be accurate or suitable for any purpose. Some jurisdictions do not allow certain exclusions, so parts of this section may not apply to you.

9. Limitation of liability

To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or relating to the Site or these Terms, whether based in contract, tort, negligence, strict liability or otherwise, and whether or not we were advised of the possibility. Our total aggregate liability for all claims relating to the Site will not exceed one hundred United States dollars (US$100). Nothing in these Terms limits liability that cannot be limited by law.

10. Indemnity

You agree to indemnify and hold us harmless from any claim, demand, loss, liability or expense (including reasonable legal fees) arising out of Your Content, your use of the Site, or your breach of these Terms or of any law or third-party right.

11. Changes to these Terms

The Site changes over time and these Terms may be updated to reflect that. When they are, the “Last updated” date above changes. Continuing to use the Site after a change means you accept the updated Terms. If you do not accept them, stop using the Site.

12. Governing law and disputes

These Terms are governed by the laws of the State of Texas, USA, without regard to its conflict of laws rules. You and we agree to the exclusive jurisdiction of the state and federal courts located in Texas, and each waive any objection to venue there, except that either party may seek injunctive relief in any court of competent jurisdiction. If you are a consumer, this does not deprive you of the protection of mandatory laws of your country of residence.

13. General

These Terms, together with the Privacy Policy, are the entire agreement between you and us about the Site. If any provision is held unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms; we may. Sections 4 and 8 to 13 survive termination.

14. Contact

Questions: [email protected].