Terms of Service

1. Agreement to Terms

By accessing or using Benki's services, including our wearable device, mobile application, website, and related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use our Services.

These Terms constitute a legally binding agreement between you and Benki. We may modify these Terms at any time, and such modifications will be effective immediately upon posting.

2. Eligibility

You must meet the following criteria to use our Services:

• You are at least 13 years of age (or the age of majority in your jurisdiction)
• You have the legal capacity to enter into binding agreements
• You are not prohibited from using the Services under applicable law
• You will comply with all applicable laws and regulations

3. Account Registration

To access certain features of our Services, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your account information promptly
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

You are responsible for maintaining the confidentiality of your account and password. We reserve the right to suspend or terminate your account if any information provided is inaccurate or misleading.

4. Use of Services

4.1 Permitted Use

You may use our Services only for lawful purposes and in accordance with these Terms.

4.2 Prohibited Activities

You agree not to:

• Violate any applicable laws or regulations
• Infringe upon the rights of others, including intellectual property rights
• Transmit any harmful, offensive, or illegal content
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the Services or servers
• Use automated systems to access the Services without permission
• Reverse engineer, decompile, or disassemble any part of the Services
• Resell, redistribute, or sublicense the Services
• Use the Services to create competing products or services
• Impersonate any person or entity

5. Intellectual Property Rights

The Services, including all content, features, functionality, and technology, are owned by Benki and are protected by copyright, trademark, patent, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial purposes. This license does not include any right to reproduce, distribute, modify, or create derivative works.

You retain ownership of any content you create or upload using our Services. By using the Services, you grant us a worldwide, royalty-free license to use, store, and process your content as necessary to provide the Services.

6. Purchases and Payments

If you purchase products or services through our platform, you agree to provide accurate payment information. All prices are subject to change without notice. We reserve the right to refuse or cancel orders at our discretion.

Payment processing is handled by third-party payment processors. You agree to their terms and conditions. We are not responsible for any issues arising from payment processing.

Refunds are subject to our refund policy, which may be updated from time to time. Pre-orders may be subject to specific terms and conditions.

7. Device Warranty and Support

Our devices are covered by a limited warranty as specified in the warranty documentation provided with your purchase. The warranty covers manufacturing defects and does not cover damage from misuse, accidents, or unauthorized modifications.

We provide technical support for our Services. Support is available through our website, email, or other designated channels. We strive to respond to support requests in a timely manner but do not guarantee specific response times.

8. Privacy

Your use of our Services is also governed by our Privacy Policy. Please review our Privacy Policy to understand how we collect, use, and protect your information. By using the Services, you consent to the collection and use of information as described in the Privacy Policy.

9. Disclaimers

THE SERVICES ARE 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 the Services will be uninterrupted, error-free, or completely secure. We do not guarantee the accuracy, completeness, or usefulness of any information provided through the Services.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BENKI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OF THE SERVICES.

Our total liability for any claims arising from or related to the Services shall not exceed the amount you paid to us in the twelve (12) months preceding the claim, or $100, whichever is greater.

11. Indemnification

You agree to indemnify, defend, and hold harmless Benki and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from your use of the Services, violation of these Terms, or infringement of any rights of another.

12. Termination

We may terminate or suspend your account and access to the Services immediately, without prior notice, for any reason, including breach of these Terms.

Upon termination, your right to use the Services will cease immediately. You may terminate your account at any time by contacting us or using account deletion features in the Services.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Benki operates, without regard to its conflict of law provisions.

Any disputes arising from or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with applicable arbitration rules, except where prohibited by law.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Services after such changes constitutes acceptance of the modified Terms.

15. Contact Information

If you have questions about these Terms, please contact us at: