Terms of Use

01

Acceptance and Definitions

These Terms of Use (the "Terms") constitute a legally binding agreement between the individual using the Services (the "User") and BenAppz (the "Developer"). They govern the User's access to, and use of, every mobile application (the "Applications") that the Developer publishes on the Google Play Store and the Apple App Store, together with all associated websites, content, and services (collectively, the "Services").

By downloading, installing, accessing, or using the Services, or by selecting "I Agree" prior to posting comments or using community features, the User acknowledges having read and understood these Terms and the Developer's Privacy Policy, and agrees to be bound by both. A User who does not accept these Terms must not download, install, or use the Services.

The Applications are available on Google Play at: play.google.com/store/apps/developer?id=benarrousse

02

Eligibility and Responsibility for the Device

The User must have attained the age at which a binding contract may be concluded under the law of the User's jurisdiction, and must be not less than 13 years of age (or 16 years in the EEA and in any other jurisdiction that so requires). The Applications are not directed at children, and the Developer does not knowingly permit persons below those ages to use community features. A User who has not reached the age of majority may use the Services only with the consent and under the supervision of a parent or guardian, who accepts these Terms on the User's behalf.

The User is solely responsible for the User's device, internet connection, and any carrier or data charges, and for maintaining the security of the device and its operating system. The Developer accepts no liability for any loss or damage arising from the User's failure to do so.

03

User Content and Standards of Conduct

Certain Applications enable Users to publish comments, feedback, usernames, or other material that is visible to other Users ("User Content"). In order to preserve a safe and respectful environment, and consistently with the user-generated content policies of Google Play and the Apple App Store, the Developer applies a strict Zero-Tolerance Policy toward objectionable content and abusive conduct.

A. Prohibited Content

B. Responsibility for Content and License Granted

C. Absence of Any Duty to Monitor

The Developer is under no obligation to pre-screen or monitor User Content and shall not be liable for any User Content or for any failure to remove it. The Developer may, but is not bound to, remove or restrict any content at its sole discretion.

04

Moderation, Reporting and Blocking Procedures

The Applications incorporate safety measures intended to satisfy the requirements of the application stores:

• Reporting: the User may employ the "Report" or "Flag" function against any comment, or may write to contact@benappz.com.
• Blocking: the User may block any other User within the Application so that the blocked User's comments are no longer displayed to the blocking User.
• Review and Removal: the Developer endeavors to review reported content promptly, ordinarily within 24 hours, although such periods are objectives and not guarantees. The Developer may pre-screen, filter, hide, edit, or delete any content, and may suspend, mute, or permanently ban any User or device, at any time, for any reason, and with or without notice.
• Cooperation with Authorities: the Developer may preserve content and related information, and may disclose it to law enforcement or regulators, where required by law or where the Developer believes in good faith that disclosure is necessary to protect safety.

05

Grant of License and Restrictions on Use

Provided that the User complies with these Terms, the Developer grants the User a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to install and use the Applications on a compatible device that the User owns or controls, solely for personal and non-commercial purposes. The User undertakes not to:

• Reverse engineer: copy, modify, decompile, or disassemble the Applications, attempt to derive their source code, or prepare derivative works.
• Abuse or automate: employ bots, scripts, scrapers, or other automated means, or overload, probe, or disrupt the servers or networks of the Developer.
• Circumvent: bypass or disable any security feature, content filter, blocking mechanism, rate limit, or the delivery of advertising, including by click fraud or by artificially generating advertising impressions or clicks.
• Redistribute: sell, rent, sublicense, repackage, or republish the Applications or any part of them, whether in modified or re-signed form or otherwise.
• Act unlawfully: use the Services for any unlawful purpose or in contravention of any applicable law or any right of a third party.
• Attack or probe: attempt to hack, to test the security of, to gain unauthorized access to, or to interfere with the Applications, the Developer's servers, its advertising integrations, or its developer and advertising accounts, or to access any of them by means other than the Applications themselves.
• Submit false reports: lodge any false, malicious, or bad-faith report concerning abuse, copyright, or advertising policy in respect of the Developer, the Applications, or other Users, or make knowingly false claims against the Developer to any application store or advertising network.

06

Intellectual Property and Notice of Copyright Claims

All right, title, and interest in the Services, excluding User Content, including all code, design, text, graphics, audio, logos, and trademarks, vest and remain exclusively in the Developer and its licensors. No right is conferred on the User except as expressly set out in these Terms.

Certain Applications may display names, images, or content originating from third parties or from public sources for informational purposes. All such third-party trademarks and content remain the property of their respective owners, and their appearance does not imply any affiliation with, or endorsement by, those owners.

A person who believes that content within the Applications infringes that person's copyright or other rights may send a notice to contact@benappz.com setting out the notifier's contact details, a description of the work concerned, the location of the allegedly infringing content, and a statement that the notifier is the rights holder or is authorized to act on the rights holder's behalf. The Developer will review the notice and may remove the content and terminate the access of repeat infringers.

Any feedback or suggestion that the User submits to the Developer is licensed to the Developer on a perpetual and royalty-free basis, and the Developer incurs no obligation to the User in respect of it.

07

Free Provision, Advertising and Application Store Terms

The Applications are supplied free of charge and are supported by third-party advertising. By using the Applications, the User accepts that advertisements will be displayed. The Developer offers no paid features, so that there is nothing to purchase from, or to be refunded by, the Developer; any purchase that the User makes from an advertiser or a store is a matter solely between the User and that party.

• Advertisements Not Attributable to the Developer: advertisements are selected and delivered by third-party networks (such as Google AdMob) that the Developer does not control. The Developer endorses no advertiser, product, or advertisement, and accepts no responsibility for the content, accuracy, or safety of any advertisement, or for anything the User clicks, downloads, purchases, or shares through one. Inappropriate advertisements should be reported both to the Developer at contact@benappz.com and to the advertising network concerned.
• Prohibition of Invalid Activity: the User shall not click upon, tap, or otherwise interact with advertisements in a fraudulent, repeated, incentivized, or automated manner, shall not induce others to do so, and shall not use emulators, bots, scripts, VPN or proxy devices, modified applications, or ad blockers to generate, conceal, or manipulate advertising impressions or clicks. Invalid activity may lead advertising networks to withhold revenue or suspend accounts, and the User shall be liable for the resulting losses.
• Investigation of Fraud: the Developer and its advertising partners may analyze usage and device data, and may share it with one another and with the authorities, in order to detect, prevent, and act upon invalid traffic, fraud, or abuse. The Developer may block or restrict any User or device that it suspects of such conduct.
• Advertising Personalization: advertising networks may use device identifiers to personalize advertisements. The User is referred to the Privacy Policy for the choices available and for the list of partners. Third-party partners are governed by their own terms and privacy policies, which the Developer does not control.
• Other Third Parties: the Developer is not responsible for the content, availability, or practices of any third-party website, service, or link, or for any dealings between the User and any such third party.
• Application Store Terms: the User's use of the Applications is additionally subject to the terms of the store from which they were obtained (the Google Play Terms of Service or the Apple Media Services Terms). These Terms are concluded between the User and the Developer alone, and neither Google nor Apple is obliged to furnish maintenance or support for the Applications.
• Apple as Third-Party Beneficiary: where the User uses an iOS Application, Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against the User. Apple is not responsible for addressing any claim relating to the Application, including claims of product liability, of legal or regulatory compliance, or of intellectual property infringement.
• Apple-Specific Provisions: the User's license to an iOS Application is confined to use on Apple-branded devices that the User owns or controls, as permitted by the Usage Rules in the Apple Media Services Terms. The Developer, and not Apple, is solely responsible for the Application and its content. Should the Application fail to conform to any applicable warranty, the User may notify Apple, which may refund any purchase price; to the maximum extent permitted by law, Apple has no other warranty obligation in respect of the Application.
• Compliance with Platform Policies: the Developer may alter, restrict, or remove any feature, content, or Application at any time in order to comply with the policies of Google Play, the Apple App Store, or any advertising network, or to protect its developer and advertising accounts, without notice to, or liability toward, the User.
• Sanctions and Export Controls: the User represents that the User is not located in a country that is subject to a governmental embargo and does not appear on any list of prohibited parties.

08

Exclusion of Warranties

The Developer does not warrant that the Services will be uninterrupted, secure, accurate, or error-free, that they will be free of harmful components, that any defect will be corrected, or that any content (including User Content and information contained in the Applications) is accurate, complete, or reliable. Information in the Applications is provided for general, entertainment, or informational purposes only and does not constitute professional, medical, legal, financial, or safety advice. The User uses the Services at the User's own risk.

The Developer may modify, suspend, or discontinue any Application or feature, or withdraw an Application from any store, at any time without notice or liability.

The Applications are neither designed nor intended for use in emergencies or in any situation in which failure could result in injury, death, or damage to property. The Developer is not responsible for any loss of data, progress, or settings, or for the performance of the User's device, and the User is responsible for maintaining the User's own backups.

09

Limitation of Liability and Release

To the fullest extent permitted by law, the aggregate liability of the Developer in respect of all claims relating to the Services shall in no event exceed USD $25, the Applications having been supplied to the User free of charge.

The Developer shall not be liable for the acts or omissions of other Users, for User Content, for third-party advertisements or services, or for events beyond its reasonable control. Where a jurisdiction does not permit certain limitations, those limitations shall apply only to the extent permitted. Nothing in these Terms excludes any liability that cannot lawfully be excluded.

Release. To the fullest extent permitted by law, the User releases the Developer, its owner(s), affiliates, and contractors from all claims, demands, and damages, whether known or unknown, arising out of the User's disputes with other Users, advertisers, advertising networks, application stores, or other third parties, and out of any content that the User views through the Services.

10

Indemnification

The User agrees to defend, indemnify, and hold harmless the Developer, its owner(s), affiliates, contractors, and licensors against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) the User's User Content; (b) the User's use or misuse of the Services; (c) the User's breach of these Terms or of any law; or (d) the User's infringement of any right of a third party. The Developer may assume the exclusive conduct of the defense of any such matter at the User's expense.

11

Termination

The User may cease using the Services at any time by uninstalling the Applications. The Developer may suspend or terminate the User's access, remove the User's content, and block the User's device at any time, with or without notice, in the event of any breach of these Terms, any report of abuse, any legal requirement, or otherwise at its discretion. Those provisions which by their nature are intended to survive termination, including the content license, intellectual property, exclusions of warranty, limitation of liability, indemnification, and governing law, shall so survive.

12

Governing Law and Dispute Resolution

These Terms shall be governed by the laws of the jurisdiction in which the Developer's operator resides, without regard to its conflict-of-law rules. To the extent permitted by law, the courts of that jurisdiction shall have exclusive jurisdiction over any dispute arising out of these Terms or the Services, and the User submits to that jurisdiction. Nothing in this clause limits any mandatory consumer right that cannot be waived under the law of the User's country.

Before commencing any claim, the User shall notify the Developer at contact@benappz.com and shall endeavor in good faith to resolve the dispute informally for a period of not less than 30 days. To the extent permitted by law, any claim must be commenced within one (1) year after it arose, and every dispute shall be resolved on an individual basis and not as part of any class, collective, or representative action.

13

General Provisions

• Entire Agreement: these Terms, together with the Privacy Policy, constitute the entire agreement between the User and the Developer in relation to the Services.
• Severability: should any provision be held unenforceable, the remaining provisions shall continue in full force and effect.
• No Waiver: a failure by the Developer to enforce any right shall not operate as a waiver of that right.
• Assignment: the User may not assign these Terms without the Developer's consent, whereas the Developer may assign them freely, including in connection with the sale of an Application or of the business of the Developer.
• Electronic Notices: the User consents to receive notices from the Developer in electronic form, including by publication on this page or within an Application.
• Force Majeure: the Developer shall not be liable for any delay or failure resulting from events beyond its reasonable control, including outages affecting application stores, advertising networks, hosting providers, or internet services.
• Equitable Relief: the User acknowledges that a breach of the provisions on usage restrictions, advertising activity, or intellectual property may cause irreparable harm, and that the Developer may seek injunctive relief in addition to any other remedy.
• Third-Party Beneficiaries: the Developer's advertising partners and application store providers may rely on the provisions of these Terms concerning advertising and invalid activity. In all other respects, no third party shall have any right under these Terms.
• No Partnership: nothing in these Terms creates any agency, partnership, employment, or fiduciary relationship between the User and the Developer.
• Language: the English text of these Terms shall prevail over any translation.

14

Amendment of the Terms

The Developer may amend these Terms from time to time in order to reflect changes in the Services, in its practices, or in legal requirements. Revised Terms will be published on this page under an updated date and take effect upon publication, and the User's continued use of the Services after publication constitutes acceptance of the revised Terms. A User who does not accept the amendments must cease using the Services.

15

Contact Details

Questions concerning these Terms, reports of abusive content, and copyright or legal notices may be directed as follows: