Last updated: 13.04.2023

1. Agreement to Terms By using the “Benative” mobile application (the "App"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree to these Terms, please do not access or use the App.

2. Changes to Terms We reserve the right to modify these Terms at any time, and we will notify you of any material changes by updating the "Last updated" date at the beginning of these Terms. Your continued use of the App after any such changes constitutes your acceptance of the updated Terms.

3. Scope of License Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the App for your personal, non-commercial use on any Apple-branded or Google-branded products that you own or control, subject to the Usage Rules set forth in the Apple Media Services Terms and Conditions or Google Play's Terms of Service. The App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.

4. Intellectual Property Rights All content, features, and functionality of the App, including but not limited to, text, graphics, logos, images, and software, are the exclusive property of “Benative” or its licensors and are protected by copyright, trademark, and other intellectual property laws. You acknowledge and agree that you do not acquire any ownership rights in any such content, features, or functionality by using the App. In the event of any third party claim that the Licensed Application or your possession and use of that Licensed Application infringes that third party's intellectual property rights, “Benative”, not Apple or Google, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

5. User Accounts To access certain features of the App, you may be required to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

6. Subscription period The Service or some parts of the Service may be available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it. 7. Subscription cancellations You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.If the Subscription has been made through an In-app Purchase, You can cancel the renewal of Your Subscription with the Application Store. 8. Billing You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.If the Subscription has been made through an In-app Purchase, all billing is handled by the Application Store and is governed by the Application Store's own terms and conditions. 9. Fee Changes The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount. 10. Refunds Except when required by law, paid Subscription fees are non-refundable.Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.If the Subscription has been made through an In-app purchase, the Application Store's refund policy will apply. If You wish to request a refund, You may do so by contacting the Application Store directly. 11. Free Trial The Company may, at its sole discretion, may offer a Subscription with a Free Trial for a limited period of time.You may be required to enter Your billing information in order to sign up for the Free Trial.If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless You cancelled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

12**. In-App Purchases** The App may offer in-app purchases. You are responsible for all charges incurred in connection with any in-app purchases made by you or anyone using your account. All sales of in-app purchases are final and non-refundable, unless otherwise required by applicable law.

13**. Termination** We reserve the right to terminate your access to the App, without notice, for any reason or no reason, including but not limited to, if we determine that you have violated these Terms or failed to pay any fees owed in connection with the App.

14**. Warranty** “Benative” is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If any failure of the App to conform to any applicable warranty, you may notify Apple or Google, and they will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple or Google will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be “Benative”'s sole responsibility.

15**. Product Claims** You and “Benative” acknowledge that “Benative”, not Apple or Google, is responsible for addressing any claims of yours or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the App’s use of the HealthKit and HomeKit frameworks or any Google APIs.

16. Legal Compliance You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

17. Maintenance and Support “Benative” is solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms, or as required under applicable law. You and “Benative” acknowledge that Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the App.

18. Developer Name and Address Our contact information (name and address) and the contact information to which any End-User questions, complaints, or claims with respect to the Licensed Application should be directed:

[email protected]

19. Third Party Terms of Agreement You must comply with applicable third party terms of agreement when using the App. For example, if you have a VoIP application, then you must not be in violation of your wireless data service agreement when using the App.

20**. Third Party Beneficiary** You and “Benative” acknowledge and agree that Apple, Google, and their subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

21**. Disclaimer of Warranties** The App is provided on an "as is" and "as available" basis, 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. “Benative” does not warrant that the App will be uninterrupted, error-free, or completely secure. You acknowledge that your use of the App is at your sole risk.

22**. Limitation of Liability** To the maximum extent permitted by law, in no event shall “Benative”, its affiliates, licensors, or suppliers be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, or goodwill, arising out of or in connection with your access to or use of the App, even if “Benative” has been advised of the possibility of such damages.

23**. Indemnification** You agree to indemnify, defend, and hold harmless “Benative”, its affiliates, licensors, and suppliers, and their respective officers, directors, employees, and agents, from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the App or your violation of these Terms.