Terms of service

These terms are the agreement between your business and Bentorno, run by the provider named in our Impressum ("we", "us"). They apply to the Bentorno dashboard, the staff scanner and everything else we provide to businesses (the "service").

You agree to them when you tick the box at sign-up. By doing so, you confirm that you are 18 or older, that you use Bentorno for a business and not as a consumer, and that you may agree for the business you sign up.

Our data processing agreement is part of these terms. If it says something different about personal data, it wins. Anything we agree with you individually in writing wins over these terms. Our privacy policy explains how we handle personal data; it is information for you, not part of the agreement.

Bentorno lets your business run digital stamp cards: you set up venues and cards, your team gives stamps by scanning a customer's code, your customers collect stamps and rewards in the Bentorno app, and you see your customers and visits in the dashboard.

You need a current web browser and an internet connection, and a device with a camera to scan codes. We provide the service online; there is nothing to install. We help you by email at [email protected]. We support you and your team; questions from your customers about your rewards are for you to answer, and questions about the app are for us.

Some parts of the service rely on other companies, such as Polar for payments. We are responsible for the companies we use to provide the service to you. If you choose to use another company's service with Bentorno, its own terms apply to it.

The owner who signs up holds the business's account and can invite team members. You are responsible for your team: you decide who gets access, which venues each person works at, and when to remove them, and you answer for what they do in Bentorno as for your own actions.

Each person signs in with their own account; don't share accounts. Keep passwords and access to email accounts safe, and tell us at once at [email protected] if you think someone used an account without permission. What happens through your accounts, including through tools you authorise to act for you, counts as yours, unless it happened without any fault on your side.

Who sells it. Bentorno's subscriptions are sold by our reseller Polar (Polar Software, Inc.), which acts as the merchant of record. Polar handles payment, VAT and invoices, and its own buyer terms apply to the purchase. We provide the service.

Plans and prices. The plans, their prices and their limits are shown on our pricing page. A plan's price is per venue: a business with one venue pays it once, with two venues twice, and so on. You pay in advance for each billing period, monthly or yearly. Prices include VAT where it applies. The monthly plan's lower first-month price applies only to the first month of a business's first subscription, and only for its first venue. There is no free trial. A promotional code we give you applies as its offer says, in place of the lower first-month price, and ends when you switch to the yearly plan. While your plan renews, you can switch from the monthly to the yearly plan: the switch applies at once and the difference is charged to your card straight away. A yearly plan can't be switched to the monthly plan; you can cancel it, and once the paid year has ended, choose the monthly plan. For a plan built around your business, write to [email protected]; what we agree then is part of these terms.

Adding a venue. When you add a venue to a running plan, the dashboard shows an estimate of what it costs before you confirm. The venue's share of the current billing period is then charged to your card at once, and the venue is added once that payment has gone through. From your next renewal, your plan costs the full price for each venue.

Renewal and cancelling. A subscription renews at the end of each billing period until you cancel it. You can cancel at any time, in the dashboard's billing settings or by writing to us; the cancellation takes effect at the end of the period you paid for, and until then you can use the service and keep your plan after all. You change your card in the billing settings too. Payments are not refunded for a period you have started, unless the law requires it or our withdrawal policy says otherwise. If you delete your business's data, its plan ends at once, without a refund for the rest of the period. If we end the agreement without a serious reason, or you end it because of a change we made to your disadvantage, you get back what you paid for the time after it ends.

Price changes. We tell you about a higher price at least 30 days before it applies. It applies from your next billing period, and you can cancel before then.

Late payment. If a payment fails, Polar tries again, and the service keeps working meanwhile; the dashboard asks you to update your card. If Polar gives up, the plan ends.

Billing emails and invoices. As the seller, Polar sends the emails about your plan, such as renewal reminders, failed payments, changes and cancellations, and the receipt of each payment. Polar also makes each payment's invoice, which you download in the dashboard's billing settings.

Without an active plan. A business with no active plan, because it hasn't paid for one since its setup, its cancelled plan has ended or its payments failed, is paused: the owner can reach only the settings and billing, the team can't use the dashboard or the scanner, and no one can join its card, while customers keep their cards and stamps. Nothing is deleted, and everything opens again once a plan is paid.

Use Bentorno only for a lawful business and in line with these terms. In particular, don't:

• give stamps or rewards for visits that didn't happen, or let others misuse your team's access;
• use the service for illegal goods or services, or to deceive or harm people;
• put content in Bentorno that is illegal, infringes others' rights, or is deceptive, hateful or sexual, or that contains malware;
• try to get around the service's limits or security, access parts you aren't meant to, or disrupt the service for others;
• copy, resell, rent or sublicense the service, or decompile or reverse engineer it, except where the law allows it;
• use Bentorno if sanctions or export laws that apply to you or us forbid it.

Reporting illegal content. Anyone can tell us about content in Bentorno they think is illegal by writing to [email protected], with where it is and why. We look at each report, act on it, and tell the person who reported it and the business concerned what we decided and why. If you disagree with a decision about your content, write to us and we look at it again.

We may remove content that breaks these terms, or suspend an account that seriously breaks them. Unless it is urgent, we warn you first and give you a chance to fix it, and we always tell you why.

Your stamp cards and rewards are your offer to your customers. You decide their rules, and you are responsible for them: for honouring the rewards your customers earn, for any terms you set for them, and for the programme following the law that applies to your business, such as rules on advertising and prices. We provide the technology and are not a party to your programme.

You are also responsible for your team's stamping, for the content you publish (your logo, card designs, rewards and updates) and for telling your customers and your team what they need to know about how their data is used (our data processing agreement explains this).

You keep all rights in the content and data you put into Bentorno. You allow us to store, copy and show it as needed to provide the service, for as long as we provide it. You confirm that you have the rights and permissions needed for it.

Personal data you handle in Bentorno, such as your customers' cards and your team's details, is covered by our data processing agreement. Use the customer details you see in Bentorno only for your loyalty programme: don't sell them, use them to decide about people's credit, housing or jobs, or use them to train AI models.

We may make anonymous statistics from the use of the service, which can't identify your business, your customers or your team, and use them to run and improve Bentorno.

Your data stays in your account until you delete it, also after a subscription ends. You can ask us at any time for an export of your data in a common, machine-readable format: your business details, venues, stamp cards and rewards, your customers' cards with their visits, stamps and rewards, your team and your updates. If you move to another provider, we help you take your data with you at no charge, and when the agreement ends your data stays available for export for at least 30 days, and until you delete it. You can delete all of your business's data in the dashboard's settings.

Bentorno, including its software, designs, templates and documentation, belongs to us or our licensors. While your agreement runs, you may use the service for your business as these terms allow; nothing else passes to you. Open-source parts of the service keep their own licences.

If you send us ideas or feedback, we may use them freely to improve Bentorno, without owing you anything for them. We name your business as a Bentorno customer, or show your logo, only with your permission.

Each of us keeps confidential the other's business information that is marked confidential or is clearly confidential by its nature, uses it only for this agreement, and shares it only with people who need it and are bound to keep it confidential. This doesn't cover information that is public, was already known, was received lawfully from someone else, or was developed independently. Either of us may disclose information where the law or an authority requires it, telling the other first where allowed. This duty lasts for three years after the agreement ends, and for trade secrets as long as they remain secret. Personal data is covered by the data processing agreement instead.

We work to keep Bentorno available and secure, and we announce planned maintenance in advance where we can. The service can still be interrupted, for example by faults with providers or the internet that are beyond our control.

Changes to the service. We develop Bentorno over time and may add, change or remove features. If a change takes away a feature you rely on in a way that matters to you, we tell you at least 30 days before, and you can cancel before it applies. Features we mark as previews may change or end at any time.

Changes to these terms. We may change these terms for a valid reason, such as a new feature, a change in the law or a change in our providers, and tell you at least 30 days before by email. Changes that only benefit you or that the law requires can apply sooner. A change to your disadvantage applies only if you accept it; if you don't, you and we may both end the agreement on the date it would have applied.

We provide the service with the care it needs, and your rights under the law if it has a defect remain.

We are liable without limit for damage we cause intentionally or through gross negligence, for injury to life, body or health, under product liability law, and under any guarantee we give.

For slight negligence, we are liable only if we breach an essential duty: a duty that makes the proper performance of this agreement possible at all and that you may rely on. Our liability is then limited to the damage that is typical and foreseeable for this kind of agreement. Otherwise we are not liable for slight negligence.

These rules also apply to the liability of our staff, representatives and subcontractors. They don't limit liability that the law doesn't allow to be limited, including liability toward people whose personal data is concerned.

If someone else makes a claim against us because of your content, your loyalty programme or your team's use of Bentorno in breach of these terms or the law, and you are at fault, you cover the damage and reasonable costs of defence that this causes us. If someone claims that the service itself infringes their rights, we defend you against the claim and cover what you must pay because of it, unless you caused the infringement, within the rules in Warranty and liability; we may also change the service so it no longer infringes. Whoever receives such a claim tells the other at once, and we work together on the defence; neither of us settles it in the other's name without their consent.

The agreement runs until it ends. You can end it at any time by cancelling your subscription and deleting your business's data, or by writing to us. We can end it with 30 days' notice. Either of us can end it at once for a serious reason, for example a serious breach that isn't fixed after a warning, or misuse of the service.

When it ends, access to the dashboard ends. Amounts already due stay due. Your data stays in your account until you delete it or ask us to, and you can ask for an export at any time. The rules on confidentiality, liability, claims from others and disputes continue to apply after the end.

• Notices. We send notices to the email address of your account, and you can reach us at [email protected]. Email is enough wherever these terms ask for something in writing.
• Transfer. You may transfer this agreement to someone else only with our consent. We may transfer it to a company that takes over Bentorno, with notice to you; you can then end it.
• Subcontractors. We may use subcontractors and remain responsible for them.
• Force majeure. Neither of us is responsible for delays caused by events beyond our reasonable control, such as natural disasters, wars, pandemics or major outages of the internet; payment duties are not affected.
• Independent parties. We are independent businesses; neither of us acts as the other's agent.
• Invalid terms. If a term is invalid, the others still apply, and the law fills the gap.
• Waiver. If we don't enforce a right at once, we haven't given it up.
• Rights add up. The rights in these terms come in addition to those the law gives.
• Whole agreement. These terms, the data processing agreement and what we agree with you individually are the whole agreement between us. The UN Convention on Contracts for the International Sale of Goods doesn't apply.
• Language. If a translation of these terms differs, the English text applies.

If you are unhappy with Bentorno, write to [email protected] first, and we will try to find a solution with you. Otherwise, disputes go to the courts that have jurisdiction under the law. There is no arbitration. Nothing in these terms limits rights that the law doesn't allow to be limited.

Questions about these terms go to [email protected], and help with the service to [email protected]. Our full details are in our Impressum.