Effective Date: December 2024
Welcome to Bennie! These Terms of Service ("Terms") govern your access to and use of Bennie's language learning services. By creating an account or using our services, you agree to be bound by these Terms. Please read them carefully.
By accessing or using Bennie ("Service," "we," "us," or "our"), you ("User," "you," or "your") agree to comply with and be legally bound by these Terms of Service. If you do not agree to these Terms, you may not access or use the Service.
These Terms constitute a legally binding agreement between you and Bennie (operated by Colt Parker, doing business as Bennie), a business operating in the United States.
Bennie provides an AI-powered language learning service that delivers personalized educational content via email. Our Service includes:
You must be at least 13 years of age to use Bennie. If you are under 18, you represent that you have your parent or guardian's permission to use the Service. By using Bennie, you represent and warrant that:
To use Bennie, you must create an account by providing:
You are responsible for:
We reserve the right to suspend or terminate accounts that violate these Terms or are inactive for extended periods.
After your trial period, you may subscribe to a paid plan:
If a payment fails:
"User Content" includes all information, text, and responses you provide to Bennie, including:
By using Bennie, you grant us a worldwide, non-exclusive, royalty-free license to use, store, and process your User Content solely for the purpose of:
We do not sell your User Content or use it for advertising purposes.
You retain all ownership rights to your User Content. We do not claim ownership of anything you submit to Bennie.
The Service, including all content, features, functionality, software, designs, text, graphics, logos, and AI-generated learning materials, is owned by Bennie and is protected by United States and international copyright, trademark, patent, and other intellectual property laws.
All personalized learning emails and AI-generated content created for you is provided for your personal, non-commercial use only. You may not:
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal language learning purposes in accordance with these Terms.
You agree not to:
Bennie uses artificial intelligence (AI) technology powered by OpenAI to generate personalized language learning content. While we strive for accuracy:
Educational Use Only: Bennie is a supplemental language learning tool. For professional language certification or critical communications, we recommend working with certified language instructors.
Our Service integrates with third-party services including:
Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the actions or policies of these third parties.
Your privacy is important to us. Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. By using Bennie, you consent to our privacy practices as described in the Privacy Policy.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that:
Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BENNIE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATED TO THE SERVICE EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100 USD, WHICHEVER IS GREATER.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
You agree to indemnify, defend, and hold harmless Bennie, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:
You may terminate your account at any time by:
We reserve the right to suspend or terminate your account and access to the Service, with or without notice, for any reason, including:
Upon termination:
Before filing a claim, you agree to try to resolve the dispute informally by contacting us at hello@itsbennie.com. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 60 days of submission, you or we may bring a formal proceeding.
If informal resolution fails, you and Bennie agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration, rather than in court, except that:
The arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitrator's decision will be final and binding.
YOU AND BENNIE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
You may opt out of arbitration within 30 days of first accepting these Terms by sending written notice to hello@itsbennie.com with your name and a clear statement that you wish to opt out of arbitration.
These Terms shall be governed by and construed in accordance with the laws of the United States and the State of California, without regard to its conflict of law provisions.
Any legal action or proceeding arising under these Terms (except for arbitration) will be brought exclusively in the federal or state courts located in California, and you hereby irrevocably consent to the personal jurisdiction and venue therein.
By using the Service, you consent to receiving electronic communications from us. These communications may include:
You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by:
Changes will be effective 30 days after notification. Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service and cancel your account.
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect. The invalid or unenforceable provision will be deemed modified to the extent necessary to make it valid and enforceable.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Bennie.
These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the Service, constitute the entire agreement between you and Bennie concerning the Service and supersede all prior agreements and understandings.
You may not assign or transfer these Terms or your account without our prior written consent. We may assign or transfer these Terms or our rights and obligations under these Terms without restriction.
If you have questions about these Terms of Service, please contact us:
Compliance Statement: These Terms of Service are designed to comply with applicable United States federal and state laws, including but not limited to:
Thank you for choosing Bennie. We're committed to providing you with an excellent language learning experience while maintaining transparency and protecting your rights.