Terms of service

Terms of Service

Last Updated: April 15, 2026

These Terms of Service ("Terms") form a legally binding agreement between you and Benicci Inc. ("Benicci," "we," "us," or "our") and govern your access to and use of https://benicci.com/, any Benicci-operated mobile experience, and any related services, features, products, content, and communications that link to these Terms (collectively, the "Services").

By accessing or using the Services, creating an account, or purchasing products through the Services, you agree to these Terms. If you do not agree, do not use the Services.

1. Eligibility and Acceptance

You represent that you are at least the age of majority in your state or territory of residence, or that you are using the Services with the involvement and consent of a parent or legal guardian where permitted by law.

If you use the Services on behalf of a company or other entity, you represent that you have authority to bind that entity to these Terms.

2. Changes to These Terms

We may update these Terms from time to time. If we do, we will post the updated Terms and revise the Last Updated date above. Your continued use of the Services after the updated Terms become effective constitutes acceptance of the revised Terms, except where applicable law requires additional notice or consent.

3. Privacy, Tracking Technologies, and Consent

Our collection, use, disclosure, and other processing of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

When you use the Services, certain cookies, pixels, tags, and similar tracking technologies may be used as described in the Privacy Policy, including technologies provided by Meta Platforms, Inc. (Meta Pixel), Google LLC (Google Analytics, Google Ads), Pinterest, Inc. (Pinterest Tag), and other third-party providers.

Non-essential tracking technologies are not activated until you provide explicit consent through our cookie consent banner where required by applicable law and our configured consent settings. By clicking "Accept" on our cookie consent banner, you expressly consent to:

(a) the activation of the tracking technologies described in our Privacy Policy, including Meta Pixel, Google Analytics, Google Ads, Pinterest Tag, and any other technologies listed therein;

(b) the collection of data about your interactions with the Services by these tracking technologies, including but not limited to pages visited, products viewed, items added to cart, purchase events, IP address, browser information, and device identifiers;

(c) the transmission of such data to the third-party providers of these tracking technologies, as described in our Privacy Policy;

(d) the use of such data by these third-party providers for advertising, analytics, and related purposes, as described in their respective privacy policies.

If you do not consent, or if you withdraw your consent at any time through the "Cookie Settings" link available on the Services, non-essential tracking technologies will not be activated and no data will be transmitted to third parties for advertising or analytics purposes.

Your consent is given freely and may be withdrawn at any time without affecting your ability to browse the Services or make purchases.

4. Accounts

You may be required to create an account to access some features of the Services.

You agree to:

  • provide accurate, current, and complete information;
  • keep your information updated;
  • maintain the confidentiality of your login credentials;
  • promptly notify us of any unauthorized use of your account.

You are responsible for activity that occurs under your account to the extent caused by your actions, omissions, or failure to safeguard your credentials.

5. Orders, Pricing, and Availability

A. Product Information

We try to describe products accurately, but we do not warrant that product descriptions, images, colors, or other content are complete, current, reliable, error-free, or exactly match the product you receive.

B. Pricing

Prices and availability may change without notice. We reserve the right to correct pricing, typographical, or descriptive errors, including after an order has been submitted.

C. Order Acceptance

Your order is an offer to purchase. We may accept, reject, limit, or cancel orders in our discretion, including in cases involving suspected fraud, pricing errors, availability issues, abuse, or violations of these Terms. If we cancel an order after payment is captured, we will issue an appropriate refund.

D. Taxes

Applicable taxes will be added where required by law.

6. Payment

Payments must be made using a payment method we accept. By submitting payment information, you represent that you are authorized to use that payment method and authorize us and our payment processors to charge the full amount due, including taxes, shipping, and any other clearly disclosed charges.

7. Shipping, Fulfillment, Risk of Loss, and Returns

Shipping estimates are not guaranteed. Delivery times may vary. Risk of loss and title transfer to you upon our delivery of the product to the carrier, unless otherwise required by applicable law.

Returns, refunds, exchanges, cancellations, and related rights are governed by the policies posted on the Services, including any shipping, return, or refund policy linked at checkout or elsewhere on the Services.

8. Intellectual Property

The Services and all content, features, functionality, designs, text, graphics, logos, images, software, and other materials made available through the Services are owned by Benicci or our licensors and are protected by applicable intellectual property laws.

Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal, non-commercial use.

Except as expressly permitted, you may not:

  • copy, reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, transmit, store, or exploit any part of the Services;
  • reverse engineer or attempt to derive source code except to the extent prohibited by law;
  • remove proprietary notices;
  • use our trademarks without prior written permission;
  • scrape, crawl, index, harvest, or data mine the Services by automated means without our prior written consent.

9. User Content, Reviews, and Feedback

If you submit reviews, comments, photos, videos, suggestions, or other content ("User Content"), you represent that:

  • you own or control the rights necessary to submit it;
  • it does not violate the rights of any third party;
  • it is not unlawful, fraudulent, defamatory, obscene, harassing, or otherwise objectionable;
  • it does not contain malware, viruses, or harmful code.

By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, reproduce, modify, adapt, publish, display, distribute, and otherwise use that User Content in connection with operating, improving, advertising, and promoting the Services and our products, subject to applicable law.

If you send us ideas, suggestions, or feedback, we may use them without restriction or compensation to you.

10. Prohibited Conduct

You agree not to:

  • violate any applicable law or regulation;
  • infringe or misappropriate the rights of others;
  • impersonate any person or entity or misrepresent your affiliation;
  • interfere with the operation or security of the Services;
  • attempt unauthorized access to the Services, accounts, or systems;
  • use bots, spiders, scrapers, or similar automated means without authorization;
  • upload malware or harmful code;
  • use the Services for fraudulent, abusive, or unlawful purposes;
  • collect personal information about others without authorization.

11. Third-Party Services and Links

The Services may include links to third-party services or content. We do not control and are not responsible for third-party services. Your use of third-party services is governed by their own terms and policies.

12. Disclaimers

THE SERVICES, PRODUCTS, AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS TO THE MAXIMUM EXTENT PERMITTED BY LAW.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BENICCI DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, error-free, secure, or free of harmful components, or that defects will be corrected.

Some jurisdictions do not allow certain disclaimers, so some of the above may not apply to you.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BENICCI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE SERVICES, PRODUCTS, OR THESE TERMS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES, PRODUCTS, OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $100.

Nothing in these Terms excludes liability that cannot be excluded under applicable law.

14. Indemnification

To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless Benicci and its affiliates, officers, directors, employees, agents, service providers, and licensors from and against claims, liabilities, damages, judgments, awards, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or related to your violation of these Terms, your misuse of the Services, or your violation of the rights of another.

15. Termination

We may suspend or terminate your access to the Services at any time if we reasonably believe you have violated these Terms, used the Services unlawfully, or created risk or harm to us, other users, or third parties.

You may stop using the Services at any time.

Sections that by their nature should survive termination will survive, including sections relating to intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law.

16. Governing Law

These Terms and any dispute arising out of or relating to these Terms or the Services will be governed by the laws of the State of Florida and the Federal Arbitration Act, without regard to conflict of laws principles, except to the extent preempted or superseded by applicable consumer protection law.

17. Dispute Resolution and Arbitration

Please read this section carefully. It affects your legal rights.

A. Informal Notice of Dispute

Before either party starts arbitration or files a claim in court where allowed, that party must first send written notice of the dispute to the other party and attempt to resolve the dispute informally for at least 60 days.

Your notice must include:

  • your name and contact information;
  • a description of the dispute and the facts supporting it;
  • the specific relief sought.

Notices to Benicci must be sent to: care@benicci.com.

B. Agreement to Arbitrate

Except for disputes that qualify for small claims court and claims seeking injunctive or equitable relief for alleged infringement or misuse of intellectual property, you and Benicci agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or any product purchased through the Services will be resolved by binding individual arbitration.

C. Arbitration Rules

The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by these Terms. If AAA is unavailable, the parties will mutually select another arbitration provider.

D. Arbitration Location and Format

If an in-person hearing is required and you reside in the United States, the hearing will take place in Miami-Dade County, Florida, unless the parties agree otherwise or the applicable rules require a different location. The arbitrator may conduct proceedings remotely where permitted.

E. Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND BENICCI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION OR PROCEEDING.

The arbitrator may not consolidate claims of more than one person unless all parties agree.

F. Jury Trial Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND BENICCI WAIVE ANY RIGHT TO A JURY TRIAL FOR COVERED DISPUTES.

G. Standing Requirement

You represent and warrant that you have suffered an actual, concrete, and particularized injury as a result of the conduct forming the basis of your claim. You further represent that you did not visit or use the Services for the primary purpose of investigating, testing, or generating evidence to support a legal claim against Benicci, and that you are a bona fide consumer who interacted with the Services with a genuine interest in purchasing or learning about our products.

H. Small Claims Court

Either party may bring an individual claim in small claims court if the claim qualifies and remains on an individual basis.

I. Arbitration Opt-Out

You may opt out of this arbitration agreement by sending written notice to care@benicci.com within 30 days after first accepting these Terms. Your notice must include your full name and a clear statement that you wish to opt out of arbitration.

J. Mass Arbitration

If 25 or more substantially similar arbitration demands are filed against Benicci within a 60-day period by the same or coordinated counsel, or by individuals represented or advised by the same or coordinated counsel, the parties agree that the AAA's Mass Arbitration Supplementary Rules and Fee Schedule shall apply to the extent permitted by law.

In addition, the parties agree to participate in a bellwether process in which no more than ten (10) cases shall be selected for initial arbitration proceedings. The results of these bellwether cases shall inform the resolution of the remaining cases. No other arbitration proceedings beyond the bellwether cases shall proceed until the bellwether cases have been resolved.

K. Arbitration Fees and Costs

Payment of all filing, administration, and arbitrator fees will be governed by the AAA's Consumer Arbitration Rules. If the arbitrator determines that your claim or the relief sought is frivolous, was brought for an improper purpose, or lacks a reasonable basis in law or fact, you agree to reimburse Benicci for all fees and costs associated with the arbitration, including Benicci's reasonable attorneys' fees and costs, to the maximum extent permitted by law.

L. Time Limit to Bring Claims

To the maximum extent permitted by law, any claim arising out of or relating to the Services or these Terms must be brought within one year after the claim arose, unless a longer period is required by law.

18. Electronic Communications

You agree that we may communicate with you electronically regarding the Services, your account, transactions, and these Terms, including by email, posting notices on the Services, or other electronic means permitted by law.

19. DMCA

If you believe content on the Services infringes your copyright, please contact us at care@benicci.com with a notice containing the information required by the Digital Millennium Copyright Act.

20. General Terms

A. Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.

B. No Waiver

Our failure to enforce any provision is not a waiver of that provision.

C. Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets.

D. Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control.

E. Entire Agreement

These Terms, together with any policies or supplemental terms referenced in them, constitute the entire agreement between you and Benicci regarding the Services.

21. Contact

Questions, complaints, and notices relating to the Services should be sent to:

Benicci Inc.
Email: care@benicci.com