Effective Date: 01.01.2024

1. Introduction

Welcome to Benjo. These Terms and Conditions ("Terms") govern your use of the Benjo mobile application and website operated by Firat Karatas and Furkan Saatcioglu ("we," "us," or "our"). By accessing or using Benjo, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this site.

2. User Obligations

• Account Creation and Responsibility: You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your account or password.
• Prohibited Activities: You agree not to engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

3. Intellectual Property Rights

The content, arrangement, and layout of Benjo, including but not limited to, the trademarks, photos, logos, text, and other intellectual property herein, are the property of Benjo, except as otherwise noted and are protected from copying and simulation under national and international laws.

4. Limitation of Liability

In no event shall Benjo, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

5. Termination and Suspension

We may terminate or suspend your account and bar access to Benjo immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use Benjo will cease immediately.

6. Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of Germany, 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.

7. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

8. Apple App Store Additional Terms

If you downloaded the Benjo app from the Apple App Store, the following additional terms apply: You acknowledge and agree that the Terms are solely between you and Benjo, not Apple, and that Apple has no responsibility for the Benjo app or content thereof. Your use of the Benjo app must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Benjo app. In the event of any failure of the Benjo app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Benjo app to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Benjo app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Benjo as provider of the app.

You must also comply with the Apple Licensed Application End User License Agreement when using Benjo, available at Apple's EULA.