Welcome to the Benji Site and App (‘Benji’, ‘we’, ‘us’). Benji provides a habit tracking platform for Users who download and install our App (hereinafter the Site and App may be collectively referred to as the ‘Service’).
You accept the validity and applicability of these terms and conditions by downloading the App and/or purchasing a paid subscription, as the case may be.
2. User Accounts
When you register for an account with Benji, you guarantee that that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You don’t need to pay anything when registering for an account with Benji. By registering, you are executing an agreement with Benji for an unlimited, free use of the platform. However, if you would like to access Benji’s premium features, you will need to purchase a subscription with us.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your devices and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number and the expiration date of your credit card.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
4. Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
5. Paid Subscription
5.1 Subscription Description
To be able to fully benefit from Benji services, additional service packages in the form of paid subscriptions (“Benji+”, “Subscription access”) will be made available to you after downloading the App. These can be purchased for different, and variable periods of time, which you will see in the order options.
Benji subscriptions are paid subscriptions that allow you to access additional content and features through our App.
We currently offer the following subscription/service packages:
• The Benji+ Monthly Premium service package will charge you on a monthly basis;
• The Benji+ Yearly Premium service package will charge you on a yearly basis.
5.2 Purchase Agreement
If you choose to purchase Benji+, payment will be charged to your iTunes account and your account will be charged for renewal within 24-hours prior to the end of the current period. Auto-renewal may be turned off at any time by going to your settings in the iTunes Store after purchase. Any unused portion of free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable.
6. Reliance On The Information Sent
The information sent via Benji’s Service, or presented on or through the Site or our App, is made available solely for general information purposes. We do not warrant the accuracy, completeness, usefulness, or safety of this information. Any reliance you place on such information is strictly at your own risk. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH INFORMATION BY YOU OR ANY OTHER VISITOR TO THE SITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS OR THE CONTENTS OF THE SERVICE.
7. Content You Provide To Us
You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other Content uploaded, posted or stored in connection with your use of the Benji Service. Benji is not responsible for your Content. You hereby grant Benji a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with the Service, and hereby represent and warrant that you have all the rights necessary to grant us such license. You are responsible for any Content that may be lost or unrecoverable through your use of the Service.
8. Copyright Notices
If Benji publishes Material that you think infringes your copyright, please email us at firstname.lastname@example.org and we will address your concerns. We reserve the right, at our sole discretion, to remove any Content without prior notice.
9. Accuracy of Information
While we strive for accuracy, information on the site may sometimes contain errors or inaccuracies. Benji does not make any warranty as to the correctness or reliability of the site’s content or any text messages we send out to Users.
10. Links To Other Web Sites
Our Service may contain links to third-party websites or services that are not owned or controlled by Benji.
Benji has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Benji shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.
11. Information Security
No data transmission over the Internet can be guaranteed to be 100% safe. Thus, we cannot warrant that your information will be absolutely secure. Benji has a variety of safeguards in place to help protect against unauthorized access to, use, or disclosure of user information.
12. Limitation Of Liability
In no event shall Benji, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
13. Account Termination
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account yourself, you can go to your account settings and tap “Delete account”. You’ll then have two options: (1) you may completely delete all your data (including your account) both from our servers and from your device, or (2) you may delete your data from our servers only, but keep it on your device.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Benji and its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
17. How To Contact Us