Terms of Service

These terms are the agreement between you and Jonathan Itzen, who operates Bento Pages at bentopages.com as a sole proprietor ("we", "us", "our"). Bento Pages is a trading name rather than a separate company. By creating an account or using the service you accept these terms. If you are accepting on behalf of an organization, you confirm you have the authority to bind it.

Your account

• You must be at least 16 years old, or the age of digital consent where you live if that is higher.
• Give us accurate details and verify your email address. We will not activate an account without it.
• You are responsible for everything done under your account. Keep your password to yourself and turn on two-factor authentication.
• Tell us at [email protected] as soon as you think someone else has access.

Teams

A site belongs to a team rather than to a person. A team has an owner and may have members. Owners manage billing and can delete the team. Members can build pages, write posts, and publish.

Anyone you invite to a team can see and change that team's sites and read its form replies. Invite people accordingly, and remove them when they no longer need access.

Your content

You keep ownership of everything you write and upload. You give us a licence to host, store, copy, and display it, for the single purpose of running the service and showing your published site to the people who visit it. That licence ends when you delete the content or close your account, apart from copies sitting in backups until those roll over.

You confirm you have the rights to everything you publish, including images and any text you did not write yourself.

What you may not do

You may not use Bento Pages to do any of the following.

• Break the law, or help anyone else break it.
• Infringe someone's copyright, trademark, or other rights.
• Publish content that is defamatory, harassing, obscene, or that promotes violence or hatred against a group.
• Publish sexual content involving minors, or any content that exploits or endangers a child. We report this to the authorities.
• Run phishing, impersonate a person or a business, set up a fake storefront, or otherwise deceive people for gain.
• Distribute malware, or link to it.
• Send spam, or use a lead form to collect personal data under false pretences.
• Attack the service, including scanning, brute force, denial of service, and getting around our rate limits or plan limits.
• Resell the service, or copy, decompile, or reverse engineer any part of it.
• Store or publish someone else's personal data without a lawful basis for doing so.
• Place a load on the service that degrades it for other people.

We can remove content or suspend a site that breaks these rules. Where it is safe and practical to do so, we will tell you first and give you a chance to put it right.

Content published by other people

Sites built with Bento Pages are made by their owners, not by us. We do not review, endorse, or take responsibility for what other people publish here, and we are not a party to any dealing between you and the owner of a site you visit. If a site links somewhere else, that destination is not ours either.

If something published here concerns you, tell us at [email protected]. We will look at it against the rules above.

Copyright complaints

We respond to copyright notices under the Digital Millennium Copyright Act. If you own a copyright and believe something published here infringes it, send a notice to [email protected] containing all of the following.

• Your physical or electronic signature.
• What work you say has been infringed.
• The address of the material you want removed, so we can find it.
• Your name, address, telephone number, and email address.
• A statement that you believe in good faith the use is not authorized by the copyright owner, its agent, or the law.
• A statement, made under penalty of perjury, that your notice is accurate and that you are the owner or authorized to act for them.

We remove or disable material we reasonably believe infringes, and we tell the person who published it. They can send a counter-notice under the same Act, and if they do we may put the material back after ten business days unless you tell us you have gone to court.

We close the accounts of repeat infringers. Sending a notice you know to be false can make you liable for damages under the same Act, so be sure before you send one.

Your site's address

Your site is served at an address derived from your team's name. Some addresses are reserved because the application itself uses them. We can reclaim an address that infringes a trademark, impersonates someone, or was registered mainly to stop someone else having it.

Lead forms, and what they make you responsible for

If you collect replies through a lead form, you are the controller of that data and we are your processor. That puts a few things on you rather than on us.

• You need your own lawful basis for collecting what you ask for.
• You need your own privacy notice telling visitors what you will do with their answers.
• You must answer those visitors when they ask for access to their data or ask you to delete it.
• You must not use a form to collect special category data, such as health or biometric information, unless you are entitled to and have told people so.

Our Privacy Policy sets out how we handle that data on your behalf. What you ask for, and what you do with the answers, is yours.

How we handle the data you collect

This section is our data processing agreement with you. It applies whenever we process personal data on your behalf, which today means lead form replies.

• Subject matter and duration. We store and make available the replies your forms collect, for as long as your account is open or until you delete them.
• Nature and purpose. Storage, retrieval, and display inside your dashboard. Nothing else.
• Types of data. Whatever your form asks for, plus the sender's IP address and the time it arrived.
• Data subjects. The visitors to your site who choose to fill in a form.
• Our instructions. We process this data only as you direct through the service and as the law requires. If we think an instruction breaks the law, we will tell you.
• Confidentiality. Anyone with access is bound to keep it confidential.
• Security. We keep appropriate technical and organizational measures, described in our Privacy Policy.
• Sub-processors. We use Amazon Web Services for hosting. We will tell you before adding another, and you may object.
• Help when you need it. We will help you answer data subject requests, handle breaches, and complete an impact assessment, so far as is reasonable.
• Deletion. Delete a reply and it goes. Close your account and all of them go, subject to backups rolling over.
• Audit. We will give you the information you reasonably need to show you comply, on request.

Plans and payment

The Free plan gives you one page and the text and image blocks, and needs no card. Pro is billed monthly or yearly at the prices shown on our pricing section, and starts with a free trial of 7 days.

• Stripe takes the payment. We never hold your card details.
• A trial turns into a paid subscription when it ends, unless you cancel before then.
• Subscriptions renew automatically until you cancel.
• You can cancel at any time from the Stripe billing portal. Pro keeps running until the end of the period you have already paid for.
• Prices exclude tax unless we say otherwise. We add tax where the law requires it.
• If you charge a payment back rather than asking us for a refund, we may suspend the account until it is settled, and recover the fee our processor charges us.

By subscribing you acknowledge that your plan renews automatically, at the price and interval shown at checkout, until you cancel it. We email you before a trial converts. Cancelling takes a few clicks in the Stripe billing portal, reachable from your billing page, and takes effect at the end of the period you have paid for.

Refunds

We do not refund part-used periods, except where the law says we must. If you are a consumer in the UK or the EU you have a statutory right to cancel within 14 days of first subscribing, though asking us to start straight away can end that right once the service has been delivered. If something has gone wrong, write to us and we will deal with it fairly.

Price changes

We can change our prices. We will give you at least 30 days' notice by email, and the new price applies from your next renewal. If you do not want to pay it, cancel before then.

Downgrades and failed payments

If you downgrade to Free, or a payment fails and the subscription ends, your extra pages stop being served, Pro blocks stop appearing on your published site, and you stop being able to create new pages, posts, and form replies.

We do not delete any of it. Everything comes back when you subscribe again, and the form replies you already collected stay readable on the Free plan.

Suspension and closing an account

We can suspend or close an account that breaks these terms, does not pay, or puts us at legal risk. For serious cases we act immediately. Otherwise we give notice and a chance to fix the problem.

You can close your account at any time from your profile settings. That deletes your data as described in the Privacy Policy, and it cannot be undone.

Availability

We work to keep the service running, but we do not promise it will be uninterrupted or error free, and no plan comes with a service level agreement. We may add, change, or withdraw features. If we withdraw something you rely on, we will give you notice.

No warranty

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

In plain terms: we do not promise the service will be free of faults, that it will meet your needs, or that anything you store here is safe from loss. Keep your own copies of anything you cannot afford to lose.

Limitation of liability

TO THE FULLEST EXTENT THE LAW ALLOWS, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST BUSINESS, LOST GOODWILL, OR LOST OR CORRUPTED DATA, WHETHER OR NOT WE WERE TOLD SUCH DAMAGES WERE POSSIBLE. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS IN ANY TWELVE MONTH PERIOD WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THAT PERIOD OR ONE HUNDRED UNITED STATES DOLLARS ($100).

These limits apply however the claim is framed, whether in contract, in tort, or otherwise, and they survive any failure of an agreed remedy.

Nothing here limits our liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot lawfully be limited. If you are a consumer, your statutory rights are unaffected.

Indemnity

You will defend, indemnify, and hold us harmless against any claim, demand, loss, liability, and reasonable cost, including legal fees, arising from your content, from the way you or anyone on your team uses the service, from your breach of these terms, or from your handling of personal data you collected through a lead form.

We will tell you promptly about any such claim. We may take over its defense at our own expense, and you will not settle anything that admits fault on our part or binds us to do something without our written agreement.

Disputes, arbitration, and class action waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS HOW DISPUTES BETWEEN US ARE RESOLVED, AND IT LIMITS YOUR RIGHT TO SUE IN COURT OR TO TAKE PART IN A CLASS ACTION.

First, talk to us. Most problems are settled in an email. Write to [email protected] describing what happened and what you want, and give us 30 days to sort it out.

If that does not work, you and we agree to resolve any dispute by binding individual arbitration, administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The arbitration takes place in Iowa or, if you prefer, by telephone or video, or in the county where you live.

YOU AND WE EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO BRING OR TAKE PART IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. An arbitrator may award relief only in your individual favor, and only to the extent needed to satisfy your own claim.

Two things sit outside this. Either of us may bring a claim in small claims court if it qualifies, and either of us may ask a court for an injunction to stop misuse of intellectual property.

You can opt out. Email [email protected] within 30 days of first accepting these terms, saying you opt out of arbitration and giving the address on your account. Opting out costs you nothing and changes nothing else. If any part of this section is found unenforceable, the rest of it still stands, except that if the class action waiver is unenforceable then this whole section falls away.

Changes to these terms

We can update these terms. The date at the top always reflects the current version, and we will email you about a material change before it takes effect. Continuing to use the service after that means you accept the new terms.

Governing law

These terms are governed by the laws of the State of Iowa in the United States, without regard to its conflict of laws rules. You and we agree to the exclusive jurisdiction of the state and federal courts located in Iowa. If you are a consumer, this does not take away the protection of the mandatory law where you live.

General terms

• Severability. If any part of these terms is found unenforceable, that part is narrowed to the least extent needed, or removed, and everything else stays in force.
• No waiver. If we do not enforce something straight away, we have not given up the right to enforce it later.
• Entire agreement. These terms and the Privacy Policy are the whole agreement between us about the service, and replace anything said before.
• Assignment. You may not transfer your rights under these terms without our written agreement. We may transfer ours to anyone who takes over the business, and we will tell you if that happens.
• Survival. The sections on your content, indemnity, warranties, liability, arbitration, and governing law survive the closing of your account.
• Events outside our control. We are not liable for a failure caused by something genuinely beyond our control, including outages at our hosting or payment providers, network failures, and acts of government.
• Notices. We give you notice by email to the address on your account, or by posting on the service. You give us notice at [email protected].
• Export and sanctions. You confirm you are not located in a country under a United States embargo, and that you are not on a United States government list of restricted parties.
• No agency. These terms do not make either of us the other's partner, agent, or employee.

Contact

Email [email protected]. We do not publish a postal address. If you need one to serve a formal notice, ask and we will give you one.