2023

This Data Processing Addendum (“Addendum”) may be referenced and incorporated by reference into an Enterprise Services Agreement (the “Agreement”) between Bento App, Inc. (“Bento”) and a customer (“Customer” (collectively the “Parties”)).

Subject Matter and Duration.

1. Subject Matter. This Addendum reflects the Parties’ commitment to abide by Applicable Data Protection Laws concerning the Processing of Customer Personal Data in connection with Bento’s execution of the Agreement. All capitalized terms that are not expressly defined in this Data Processing Addendum will have the meanings given to them in the Agreement. If and to the extent language in this Addendum or any of its Exhibits conflicts with the Agreement, this Addendum shall control.
2. Duration and Survival. This Addendum will become legally binding upon the Effective Date of the Agreement or upon the date upon which both Parties have signed this Addendum, if it is completed after the Effective Date of the Agreement. Bento will Process Customer Personal Data until the relationship terminates as specified in the Agreement. Bento’s obligations and Customer’s rights under this Addendum will continue in effect so long as Bento Processes Customer Personal Data.

Definitions. For the purposes of this Addendum, the following terms and those defined within the body of this Addendum apply.

1. “Applicable Data Protection Law(s)” means the relevant data protection and data privacy laws, rules and regulations to which the Customer Personal Data are subject. “Applicable Data Protection Law(s)” shall include, but not be limited to, EU General Data Protection Regulation 2016/679 (“GDPR”) principles and requirements, the United Kingdom Data Protection Act 2018, and the California Consumer Privacy Act of 2018 (“CCPA”), and its implementing regulations. For the avoidance of doubt, if Bento’s processing activities involving Customer Personal Data are not within the scope of an Applicable Data Protection Law, such law is not applicable for purposes of this Addendum.
2. “Customer Personal Data” means Personal Data pertaining to Customer’s users or employees Processed by Bento to provide the Services. The Customer Personal Data and the specific uses of the Customer Personal Data are detailed in Exhibit 1 attached hereto, as required by the GDPR.
3. “Controller” means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the Processing of Personal Data.
4. “Personal Data” shall have the meaning assigned to the terms “personal data” or “personal information” under Applicable Data Protection Law(s).
5. “Process,” “Processes,” “Processing,” “Processed” means any operation or set of operations which is performed on data or sets of data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment or combination, restriction, erasure, or destruction.
6. “Processor” means a natural or legal person, public authority, agency or other body which Processes Customer Personal Data on behalf of Customer subject to this Addendum.
7. “Security Incident(s)” means the breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Customer Personal Data Processed by Bento.
8. “Services” means any and all services that Bento performs under the Agreement.
9. “Standard Contractual Clauses” means the UK Standard Contractual Clauses, and/or the 2021 Standard Contractual Clauses.
10. “Third Party(ies)” means Bento’s authorized contractors, agents, vendors and third party service providers that Process Customer Personal Data.
11. “UK Standard Contractual Clauses” means the International Data Transfer Addendum to the EU Commission Standard Contractual Clauses, available at https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/international-data-transfer-agreement-and-guidance/ and completed as described below.
12. “2021 Standard Contractual Clauses" means the Standard Contractual Clauses issued pursuant to the EU Commission Implementing Decision (EU) 2021/914 of 4 June 2021 on standard contractual clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council, available at http://data.europa.eu/eli/dec_impl/2021/914/oj and completed as described below.

Data Use and Processing.

1. Compliance with Laws. Customer Personal Data shall be Processed in compliance with the terms of this Addendum and all Applicable Data Protection Law(s).
2. Purpose Limitation. Bento will not Process Customer Personal Data for any purpose other than for the specific purposes set forth in the Agreement, unless obligated to do otherwise by applicable law. In such case, Bento will inform Customer of that legal requirement before the Processing unless legally prohibited from doing so.
3. Documented Instructions. Bento and its Third Parties shall Process Customer Personal Data only in accordance with the documented instructions of Customer. The Agreement, including this Addendum, along with any applicable statement of work, constitute Customer’s complete and final instructions to Bento regarding the Processing of Customer Personal Data, including for purposes of the Standard Contractual Clauses. Bento will, unless legally prohibited from doing so, inform Customer in writing if it reasonably believes that there is a conflict between Customer’s instructions and applicable law or otherwise seeks to Process Customer Personal Data in a manner that is inconsistent with Customer’s instructions.
4. Authorization to Use Third Parties. To the extent necessary to fulfill Bento’s contractual obligations under the Agreement or any statement of work, Customer hereby authorizes (i) Bento to engage Third Parties and (ii) Third Parties to engage subprocessors.
5. Bento and Third Party Compliance. Bento agrees to (i) enter into a written agreement with Third Parties regarding such Third Parties’ Processing of Customer Personal Data that imposes on such Third Parties (and their subprocessors) data protection and security requirements for Customer Personal Data that are at least as restrictive as the obligations in this Addendum; and (ii) remain responsible to Customer for Bento’s Third Parties’ (and their subprocessors if applicable) failure to perform their obligations with respect to the Processing of Customer Personal Data.
6. Right to Object to Third Parties. Bento’s list of Third Parties that Process Customer Personal Data is available in Exhibit 2. Prior to engaging any new Third Parties that Process Customer Personal Data, Bento will notify Customer via email and allow Customer thirty (30) days to object. If Customer has legitimate objections to the appointment of any new Third Party, the parties will work together in good faith to resolve the grounds for the objection for no less than thirty (30) days, and failing any such resolution, Customer may terminate the part of the service performed under the Agreement that cannot be performed by Bento without use of the objectionable Third Party.
7. Confidentiality. Any person or Third Party authorized to Process Customer Personal Data must agree to maintain the confidentiality of such information or be under an appropriate statutory or contractual obligation of confidentiality.
8. Personal Data Inquiries and Requests. Upon written request from Customer, Bento agrees to provide reasonable assistance and comply with all reasonable instructions from Customer related to any requests from individuals exercising their rights in Customer Personal Data granted to them under Applicable Data Protection Laws (e.g., access, rectification, erasure, data portability, etc.). If a request is sent directly to Bento, Bento shall promptly notify Customer and shall not respond to the request unless Customer has authorized Bento to do so.
9. Government Access Requests. Unless prohibited by applicable law or a legally-binding request of law enforcement, Bento shall promptly notify Customer of any request by government agency or law enforcement authority for access to or seizure of Customer Personal Data, and shall render reasonable assistance to Customer, if Customer wishes to contest the access or seizure.
10. Sale of Customer Personal Data Prohibited. Bento shall not sell Customer Personal Data as the term "sell" is defined by the CCPA.

Cross-Border Transfers of Personal Data.

1. Cross-Border Transfers of Personal Data. Customer authorizes Bento and its Third Parties to transfer Customer Personal Data across international borders, including from the European Economic Area (the “EEA”), the United Kingdom, and Switzerland to the United States. Bento and Customer agree to use the Standard Contractual Clauses as the adequacy mechanism supporting the transfer and Processing of Customer Personal Data, as further detailed below.
2. 2021 Standard Contractual Clauses. For transfers of Customer Personal Data out of the EEA that are subject to Section 4(a) of this DPA, the 2021 Standard Contractual Clauses will apply and are incorporated into this Addendum. For purposes of this Addendum, the 2021 Standard Contractual Clauses will apply as set forth in this Section 4(b). “Module Two: Transfer controller to processor” will apply and all other module options will not apply. Under Annex 1 of the 2021 Standard Contractual Clauses, the “data exporter” is Customer and the “data importer” is Bento and the information required by Annex 1 can be found in Exhibit 1. For the purposes of Annex 2 of the Standard Contractual Clauses, the technical and organizational measures implemented by the data importer are those listed in Section 5 of this Addendum. Clause 7 will not apply. For clause 9, the Parties choose Option 2 and the Parties agree that the time period for prior notice of Third Party changes will be as set forth in 3(f) of this Addendum. For clause 11, the optional language will not apply. For clause 17, the Parties choose Option 1 and the Parties agree that the governing law will be the Republic of Ireland. For clause 18, the Parties agree that the courts of the Republic of Ireland will apply for subsection (b).
3. UK Standard Contractual Clauses. For transfers of Customer Personal Data out of the United Kingdom that are subject to Section 4(a) of this Addendum, the UK Standard Contractual Clauses will apply and are incorporated into this Addendum. For purposes of this Addendum, the UK Standard Contractual Clauses will apply as set forth in this Section 4(c). For Table 1 of the UK Standard Contractual Clauses, (i) the Parties’ details shall be the Parties and their affiliates to the extent any of them is involved in such transfer, including those set forth in Annex 1 of the 2021 Standard Contractual Clauses and (ii) the Key Contacts shall be the contacts set forth in Annex 1 of the 2021 Standard Contractual Clauses. The Approved EU SCCs referenced in Table 2 shall be the 2021 Standard Contractual Clauses as executed by the Parties pursuant to this Addendum. For Table 3, Annex 1A, 1B, and II shall be set forth in Annex 1 of the 2021 Standard Contractual Clauses. For Table 4, either party may end the UK Standard Contractual Clauses as set out in Section 19 of the UK Standard Contractual Clauses.
4. Switzerland Transfers. For transfers of Customer Personal Data out of Switzerland that are subject to Section 4(a) of this DPA, the 2021 Standard Contractual Clauses will apply and will be deemed to have the differences set forth in this Section 4(d), to the extent required by the Swiss Federal Act on Data Protection (“FADP”). References to the GDPR in the 2021 Standard Contractual Clauses are to be understood as references to the FADP insofar as the data transfers are subject exclusively to the FADP and not to the GDPR. The term “member state” in the 2021 Standard Contractual Clauses shall not be interpreted in such a way as to exclude data subjects in Switzerland from the possibility of suing for their rights in their place of habitual residence (Switzerland) in accordance with Clause 18(c) of the 2021 Standard Contractual Clauses. References to personal data in the 2021 Standard Contractual Clauses also refer to data about identifiable legal entities until the entry into force of revisions to the FADP that eliminate this broader scope.Under Annex I(C) of the 2021 Standard Contractual Clauses (Competent supervisory authority): where the transfer is subject exclusively to the FADP and not the GDPR, the supervisory authority is the Swiss Federal Data Protection and Information Commissioner, and where the transfer is subject to both the FADP and the GDPR, the supervisory authority is the Swiss Federal Data Protection and Information Commissioner insofar as the transfer is governed by the FADP, and the supervisory authority is as set forth in the 2021 Standard Contractual Clauses insofar as the transfer is governed by the GDPR.
5. Each party’s signature to this Addendum shall be considered a signature to the Standard Contractual Clauses. If required by the laws or regulatory procedures of any jurisdiction, the Parties shall execute or re-execute the Standard Contractual Clauses as separate documents. In case of conflict between the Standard Contractual Clauses and this Addendum, the Standard Contractual Clauses will prevail.

Information Security Program.

1. Bento agrees to implement appropriate technical and organizational measures designed to protect Customer Personal Data as required by Applicable Data Protection Law(s) (the “Information Security Program”). Such measures shall be designed to include:

• Encryption of Customer Personal Data in transit and at rest;
• The ability to ensure the ongoing confidentiality, integrity, availability of Bento’s Processing and Customer Personal Data;
• The ability to restore the availability and access to Customer Personal Data in the event of a physical or technical incident;
• A process for regularly testing, assessing and evaluating the effectiveness of Bento’s Security Program to ensure the security of Customer Personal Data from reasonably suspected or actual accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access.

Security Incidents.

1. Security Incident Procedure. Bento will deploy and follow policies and procedures to detect, respond to, and otherwise address Security Incidents including procedures to (i) identify and respond to reasonably suspected or known Security Incidents, mitigate harmful effects of Security Incidents, document Security Incidents and their outcomes, and (ii) restore the availability or access to Customer Personal Data in a timely manner.
2. Notice. Bento agrees to provide prompt written notice without undue delay and within the time frame required under Applicable Data Protection Law(s) to Customer’s Designated POC upon becoming aware that a Security Incident has taken place. Such notice will include all available details required under Applicable Data Protection Law(s) for Customer to comply with its own notification obligations to regulatory authorities or individuals affected by the Security Incident.

Data Storage and Deletion.

1. Data Storage. Bento will not store or retain any Customer Personal Data except as necessary to perform the Services under the Agreement.
2. Data Deletion. Bento will abide by the following with respect to deletion of Customer Personal Data:

• Within one hundred and eighty (180) calendar days of the Agreement’s expiration or termination, Bento will securely destroy (per subsection (iii) below) all copies of Customer Personal Data (including automatically created archival copies).
• All deletion of Customer Personal Data will be conducted in accordance with standard industry practices for deletion of sensitive data.
• Upon Customer’s request, Bento will provide evidence that Bento has deleted all Customer Personal Data. Bento will provide the “Certificate of Deletion” within thirty (30) calendar days of Customer’s request.

Contact Information.

1. Bento and the Customer agree to designate a point of contact for urgent privacy and security issues (a “Designated POC”). The Designated POC for both parties are:

• Bento Designated POC: Emily Wang, support@trybento.co
• Customer Designated POC: _______________________________

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Exhibit 1

1.1 Subject Matter of Processing: The subject matter of Processing is the Services pursuant to the Agreement.

1.2 Duration of Process: To Processing will continue until the expiration or termination of the Agreement.

1.3 Catagories of Data Subjects: Includes the following:

• Prospects, customers, business partners and vendors of Customer (who are natural persons)
• Employees or contact persons of Customer’s prospects, customers, business partners and vendors
• Employees, agents, advisors, freelancers of Customer (who are natural persons)

1.4 Nature and Process of Processing: Includes the following:

• Nature: Processing of the data uploaded by Customer to Bento's contract management SaaS application.
• The purpose of Processing of Customer Personal Data by Bento is the performance of the Services pursuant to the Agreement.

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1.5 Types of Personal Information: Includes the following:

• First and last name
• Employer or affiliated company
• Identification Data (notably email addresses and phone numbers)
• Electronic identification data (notably IP addresses and mobile device IDs)

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Exhibit 2: Service Provider’s List of Subprocessors

Entity: Intercom

• Processing Activity: Customer messaging 
• Location: USA

Entity: Mode Analytics

• Processing Activity: Analytics
• Location: USA

Entity: Fullstory

• Processing Activity: Analytics
• Location: USA

Entity: Amplitude

• Processing Activity: Analytics
• Location: USA

Entity: Segment

• Processing Activity: Analytics
• Location: USA

Entity: AWS

• Processing Activity: Infrastructure and hosting
• Location: USA

Entity: Sendgrid

• Processing Activity: Email notifications
• Location: USA

Entity: Courier

• Processing Activity: Email and slack notifications
• Location: USA

Entity: Datadog

• Processing Activity: Logging
• Location: USA

Security

Application security

The only identifying information that Bento requires is a unique user ID for your end users. All other information is optional (but will provide for richer targeting and collaboration).

Bento does not collect any user-entered form field text in your application. Any data submitted via our low-code components can be stored in our customer's servers via integrations with your cloud storage solution.

Other application data is encrypted when in transit and at rest, using the highest industry standard procedures and protocols, including TLS and AES-256 symmetric encryption algorithms.

Bento supports SSO, and SAML on enterprise plans.

Data

Bento does not sell or rent any customer information or information provided to the service. For more information, please review our Privacy Policy.

Contact

If you have questions or comments about security, please contact us at: support@trybento.co.

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1. Introduction

Welcome to the Bento Terms of Service (“Terms”, “Terms of Service”). These terms govern access to and use of Bento App Inc.’s (“Bento”, “Company”, “we”, or “us”) website, applications, plug-ins and other services provided by us (collectively, the “Service”).

Website visitors are referred to in these terms as “Site Visitors” and individuals or entities who use the Service or create an account (“Account”) and their Authorized Users are collectively referred to as “Customers”. Customers and Site Visitors may be referred to in these Terms as “you” and “your” as applicable.

These Terms are in addition to, and do not nullify, any other agreement between you and us or any other applicable terms and conditions found on the Service. If you are a paid Customer (“Paid Customer”) and you or your organization are bound by an Enterprise Services Agreement with Bento (“Enterprise Terms”), then these Terms will apply, if at all, only to use of the Service to the extent such use is not already governed by those Enterprise Terms.

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages. Please read it here https://www.trybento.co/privacypolicy. Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound by them.

These Terms apply to all visitors, customers, users and others who wish to access or use Service.

2. Eligibility

You agree that by using the Service you are at least 18 years of age and you are legally able to enter into a contract.

If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to "you" and "your" in these Terms, except for in this sentence, refer to that organization or entity).

If Bento has previously prohibited you from accessing the Service, you are not permitted to access or use the Service.

3. Communications

By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link.

4. Subscription term and termination

Some parts of Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

Subject to earlier termination as provided below, this Agreement is for the Initial Service Term as defined in your subscription or Order Form, and shall be automatically renewed for additional periods of the same duration as the Initial Service Term (collectively, the “Term”), unless either party requests termination at least thirty (30) days prior to the end of the then-current term.

In addition to any other remedies it may have, either party may also terminate this Agreement upon thirty (30) days’ notice, if the other party materially breaches any of the terms or conditions of this Agreement.  Customer will pay in full for the Services up to and including the last day on which the Services are provided. Upon any termination, Company will make all Customer Data available to Customer for electronic retrieval for a period of thirty (90) days, but thereafter Company will delete stored Customer Data.  

All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability. 

5. Fees

Customer will pay Company the applicable fees described in the subscription or Order Form for the Services and Implementation Services in accordance with the terms therein (the “Fees”).  

If Customer’s use of the Services exceeds the Service Capacity set forth on the Order Form or otherwise requires the payment of additional fees (per the terms of this Agreement), Customer shall be notified and billed for such usage and Customer agrees to pay the additional fees in the manner provided herein.  

Company reserves the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the Initial Service Term or the current renewal term, upon thirty (30) days prior notice to Customer (which may be sent by email). If Customer believes that Company has billed Customer incorrectly, Customer must contact Company no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit.  Inquiries should be directed to support@trybento.co.

Company may choose to bill through an invoice, in which case, full payment for invoices issued in any given billing cycle must be received by Company thirty (30) days after the mailing date of the invoice.  Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection and may result in immediate termination of Service. Customer shall be responsible for all taxes associated with Services other than U.S. taxes based on Company’s net income.  

6. Refunds

Except when required by law, paid Subscription fees are non-refundable.

7. Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.

By posting Content on or through Service, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms. Bento App, Inc. has the right but not the obligation to monitor and edit all Content provided by users.

You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

8. Prohibited uses

You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

• In any way that violates any applicable national or international law or regulation.
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
• To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
• In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

Additionally, you agree not to:

• Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
• Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
• Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of Service.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
• Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
• Access or use the Service for the purpose of: (i) developing or operating products or services intended to be offered to third parties in competition with Bento or (ii) allowing access to your Account by a direct competitor of Bento, or Frame the Service, place pop-up windows over its pages, or otherwise affect the display of its pages.
• Otherwise attempt to interfere with the proper working of Service.

9. Accounts

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer 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. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

10. Intellectual property

Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Bento App, Inc. and its licensors. Service is protected by copyright, trademark, and other laws of the United States. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Bento App, Inc.

If you are or become a direct competitor of Bento App, Inc., you may not access or use the Service without Bento’s explicit, advance, written consent, and then only for the purposes authorized in writing.

11. Copyright policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to legal@trybento.co, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims” You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.

12. DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
(b) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
(c) identification of the URL or other specific location on Service where the material that you claim is infringing is located;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our Copyright Agent via email at legal@trybento.co

14. Links to Other Websites

Our Service may contain links to third party web sites or services that are not owned or controlled by Bento. Bento has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT BENTO APP, INC. 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. WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

15. Disclaimer of Warranty

Company shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Implementation Services in a professional and workmanlike manner.  Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Company or by third-party providers, or because of other causes beyond Company’s reasonable control, but Company shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.  

HOWEVER, COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES.  EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

16. Indemnity

Company shall hold Customer harmless from liability to third parties resulting from infringement by the Service of any United States patent or any copyright or misappropriation of any trade secret, provided Company is promptly notified of any and all threats, claims and proceedings related thereto and given reasonable assistance and the opportunity to assume sole control over defense and settlement; Company will not be responsible for any settlement it does not approve in writing.  The foregoing obligations do not apply with respect to portions or components of the Service (i) not supplied by Company, (ii) made in whole or in part in accordance with Customer specifications, (iii) that are modified after delivery by Company, (iv) combined with other products, processes or materials where the alleged infringement relates to such combination, (v) where Customer continues allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or (vi) where Customer’s use of the Service is not strictly in accordance with this Agreement.  If, due to a claim of infringement, the Services are held by a court of competent jurisdiction to be or are believed by Company to be infringing, Company may, at its option and expense (a) replace or modify the Service to be non-infringing provided that such modification or replacement contains substantially similar features and functionality, (b) obtain for Customer a license to continue using the Service, or (c) if neither of the foregoing is commercially practicable, terminate this Agreement and Customer’s rights hereunder and provide Customer a refund of any prepaid, unused fees for the Service.

16. Limitations of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, COMPANY AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY CUSTOMER TO COMPANY FOR THE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17. Termination

We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for reasons including but not limited to a breach of Terms. If you wish to terminate your account, you may simply discontinue using Service. All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

18. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of California without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

19. Changes To Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

20. Amendment to Terms

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

21. Waiver and Severability

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision. If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

22. Miscellaneous

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.  This Agreement is not assignable, transferable or sublicensable by Customer except with Company’s prior written consent.  Company may transfer and assign any of its rights and obligations under this Agreement without consent.  This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein.  No agency, partnership, joint venture, or employment is created as a result of this Agreement and Customer does not have any authority of any kind to bind Company in any respect whatsoever.  In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees.  All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.  

Customer agrees to reasonably cooperate with Company to serve as a reference account upon request.

23. Acknowledgement

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

24. Contact Us

Please send your feedback, comments, requests for technical support to support@trybento.co.