Welcome to BENE!
We've created these Service Terms ("Terms") so you know the rules for our relationship. We've tried to keep legal language to a minimum, but some parts still might seem like a traditional contract. Read them carefully. By using our services, you agree to the Terms. If not, don't use the services. The following Service Terms cover your responsibilities when using our mobile app ("App") or service (as defined here), or any content created or provided by or through the App or service, or when you sell products on the App and create User Contributed Content (as defined here). Also check out our Privacy Policy, which is part of these Terms and explains how we handle your personal information. Read these Service Terms carefully before using the App or service. By accessing the App or using any part of the service, you agree to these terms. If not, don't access the App or use the service. Nothing in this agreement gives rights or benefits to third parties. ARBITRATION NOTE: These Terms have an arbitration clause later on. Except for certain disputes mentioned there, you and BENE agree to resolve disputes through mandatory binding arbitration and waive the right to participate in class-action lawsuits or class-wide arbitration.
1.Service Eligibility
No one under 18 can create an account or use the Services. Some additional services may require you to be older. Read all terms carefully.
- You can form a contract with BENE.
- You'll follow these terms and all laws. If used for a business or entity, you must be authorized. For US or Chinese government entities, follow the amendment. No one under 18 is allowed. You guarantee you're at least 18. If false, BENE isn't responsible. Under 18? Use only with parent/guardian approval and review terms with them.
2.Rights Granted to You
BENE gives you a personal, non-assignable, revocable license to access and use the Services as per these Terms.
Our software may auto-download enhancements. You can control this in device settings.
Don't copy, modify, etc. our Services. No reverse engineering without permission or unless allowed by law.
3.Rights Granted to Us
Many Services let you create and store content. You keep ownership but give us a license. For all Services, BENE has a license to use, display, etc. your content for service improvement. For public services like Local, the license is broader. We can use your content in various ways. We may review and delete your content if it violates Terms. You're responsible for your content. Services may have ads. By using, you consent to ads. We love feedback but can use it without paying you.
4.Third-Party Content
Much of our Service content is from users and third parties. They're responsible for their content. BENE may review but not all is checked. We can't be held responsible for others' content. We don't endorse user content. Rely on it at your own risk.
5.Privacy
Your privacy matters. Read our privacy policy to understand how we handle your info. Using our Services means consenting to our data handling.
6.Respecting Rights
BENE respects others' rights; so should you. Don't upload content that violates rights, bullies, etc.
Respect BENE's rights too. Don't use branding etc. without permission.
We can remove user content that violates terms. We may access info as needed for legal, security reasons.
We're not liable for offensive or inappropriate content. Use it at your own risk.
7.Copyright Respect
You agree to only upload content you have the right to use and that doesn't violate others' rights. BENE respects copyrights and complies with the Digital Millennium Copyright Act. Report suspected infringement. Provide required details.
8.Safety
We strive for a safe environment but can't guarantee it. By using the Services, you agree not to use for illegal purposes, not develop unauthorized apps, not interfere with others, not use others' accounts, not post inappropriate content, not upload viruses, not bypass filters, not test vulnerabilities, and not encourage violations. We can investigate and prosecute violations. Don't use services in a way that distracts you from safety laws.
9.Account
You're responsible for your account. Keep it secure. Don't create multiple accounts, don't create after disabled without permission, don't sell access, don't share password, and don't log in through unauthorized apps.
10.Mobile Phones and Data Charges
Users are responsible for mobile charges incurred while using the services. Check with service provider if unsure.
11.Third-Party Services
If using third-party services through BENE, their terms govern their relationship with the user. BENE isn't responsible for third-party terms or actions.
12.Modification of the Services and Termination
BENE may modify or terminate services at any time without notice. BENE may terminate terms with the user at any time. Sections 3, 6, 10, 13-21 still apply.
13.Indemnity
User agrees to indemnify BENE and its affiliates against claims related to user's access, content, or breach of terms.
14.Disclaimers
Services are provided as is. No warranties. BENE isn't responsible for content on services. Users may be exposed to inappropriate content.
15.Limitation of Liability
To the fullest extent permitted by law, BENE and its related parties are not liable for certain damages. Total liability is limited to $100 USD or the amount paid in the past 12 months. Some exclusions may not apply in some jurisdictions.
16.Arbitration, Class Waiver, and Jury Waiver
Arbitration is required for most disputes except for certain intellectual property claims. Rules are governed by US Arbitration Law and may be conducted through USIETAC or an alternative forum. Non-appearance arbitration can be via phone, online, or written submissions. The arbitrator has authority to determine jurisdiction and grant remedies. Class or consolidated actions are waived. Proceedings are confidential. Rights can be waived. Opt-out is possible within 30 days. Small claims court is an option. Arbitration agreement survives termination.
17.Choice of Law
These Terms and disputes are governed by laws of the United States (excluding conflict-of-laws principles), except as overridden by US laws.
18.Severability
If a clause in these Terms is unenforceable, it will be removed without affecting the validity of the remaining clauses.
19.Additional Terms for Specific Services
For specific services, additional terms may apply. These become part of the agreement if the relevant services are used.
20.Final Terms
These Terms are the entire agreement between the user and BENE, replacing previous agreements. They do not create third-party beneficiaries. Failure to enforce a provision is not a waiver. BENE reserves all rights not granted. Users cannot transfer rights or obligations without consent. The English version of the terms prevails if there is a conflict with a translated version.