Welcome to Benny. Please read these Terms of Service (the “Terms”) and our Privacy Policy (https:// www.bennyapi.com/privacy-policy) (“Privacy Policy”) carefully because they govern your use of the website located at https://www.bennyapi.com/ (the “Site”) and tools we provide to help you apply for a variety of government benefits and services (such as the Affordable Connectivity Program and other programs as may be supported by us) and related services accessible via the Site and corresponding mobile application (“App”) offered by BennyAPI, Inc. (“Benny”, “we”, “us”, “our”). To make these Terms easier to read, the Site, our services and App are collectively called the “Services.”

IMPORTANT NOTICE REGARDING ARBITRATION FOR CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND BENNY THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 19 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.

1. Agreement to Terms. These Terms are effective, and you agree to be bound by these Terms, as of the date (a) you first click a button or check a box titled “I Agree” or something similar, or (b) you first use or access the Services, whichever is earlier. If you don’t agree to be bound by these Terms, do not use the Services.

   
   

2. Privacy Policy. Please review our Privacy Policy, which also governs your use of the Services, for information on how we collect, use and share your information.

   
   

3. Changes to these Terms or the Services. We may update the Terms from time to time in our sole discretion, including as is required to comply with applicable law, regulations and requirements of the Program (as defined below). If we do, we’ll let you know by posting the updated Terms on the Site, to the App and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
   
   

4. About the Services.
   
   

   (a) Eligibility for the Federal Communications Commission’s Affordable Connectivity Program. The Services include the ability for Benny to take your information that you provide to us and preliminarily identify if you may be eligible to participate in the Affordable Connectivity Program (the “Program”), which is a Federal Communications Commission (“FCC”) benefit program . The Services can also to assist you in signing up to receive broadband internet connectivity and related services from the participating Internet Service Provider (“ISP”) of your choice as part of the Program. Not all ISPs participate in the Program. BENNY DOES NOT DETERMINE YOUR ELIGIBILITY TO PATRICIATE IN THE PROGRAM. YOUR ELIGIBILITY FOR AND PARTICIPATION IN THE PROGRAM IS SOLELY DETERMINED BY THE FCC AND IS SUBJECT TO THE TERMS AND CONDITIONS FOR THE PROGRAM AS DETERMINED BY THE FCC FROM TIME TO TIME. For more information about the Program, visit https://www.fcc.gov/acp (or successor website) regarding eligibility for and participation in the Program. Check with ISPs in your area to learn about their plans for participating in the Program. Benny does not maintain the Program and has no responsibility for your eligibility or lack of eligibility to participate in the Program.]

   
   

   (b) Federal Communications Commission Integration. As part of the Services, you may choose for Benny to create an account on your behalf related to certain government benefits available as part of the Program. If you choose for us to create an account on GetInternet.gov (or successor site used for the Program) on your behalf, you represent and warrant that you are entitled to create such Program account and expressly authorize Benny, as you agent, to create a Program account on your behalf. You also authorize Benny to provide to the FCC on your behalf information you provide to us using the Services, which may include documents demonstrating your eligibility to participate in the Program uploaded using the Services. You retain your rights in such documents and uploads and provide us the limited right to use and transmit (including to the FCC) such uploads for the purpose of providing you the Services. Please review our Privacy Policy for information on what information we collect and how it is used. This information may be used by the FCC to determine your eligibility to participate in the Program. We provide information solely based on the information you have provided to us. It is your responsibility to promptly provide all information that we require to create an account on your behalf with respect to the Program. You represent that all information you provide is true and accurate, and that you have the right to share the information with Benny.

   
   (c) Additional Steps Might Be Required to Participate in the Program. Benny’s responsibility with respect to your participating in the Program is limited to using commercially reasonably efforts to facilitate your signing up to participate in the Program. Benny does not guarantee your eligibility to receive any benefit under the Program. If we cannot electronically submit your application to the FCC, you agree to sign up directly with the FCC at GetInternet.gov (or successor website) if you wish to participate in the Program.
   
   

5. Who May Use the Services? You may use the Services only if you are 18 years or older and capable of forming a binding contract with Benny, and not otherwise barred from using the Services under applicable law.
   
   

6. Your Use of the Services and Your Responsibilities.
   
   

   (a) Using Our Services. When you provide information to Benny or in connection with the Services you agree to provide only rate, complete and current account information, and we disclaim any liability arising from your failure to do so. If you don’t provide accurate, complete and current information, we might have to suspend or deactivate your use of the Services. To use the Services, you’ll need to obtain a verified one time password (“OTP”) generated by Benny. Don’t share your OTP with anyone, and notify us right away of any unauthorized use. You’re responsible for all activities that occur from someone using your OTP. To receive an OTP, you must authenticate yourself using your phone number.
   
   (b) Suspension. Where the information you provide us when using the Services is incorrect, incomplete or not current, or we reasonably believe such information to be incorrect, incomplete or not current, we may suspend or deactivate your use of the Services.
   
   (c) Your Responsibilities. You are responsible for complying with all terms and conditions applicable to your participation in the Program. You hereby represent and warrant to Benny that will not use or attempt to use the Services for any unlawful or fraudulent purpose, or assist or permit any other person to do so.
   
   (d) Third Party Analytics. We may use third party providers of analytics services in providing the Services, including session replay analytics services. You agree that we may record and reply your interactions with the Services using such third party services. Please review our Privacy Policy for additional information.
   
   

7. Feedback. We appreciate feedback, comments, ideas, proposals, and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
   
   

8. Payment Transactions. Benny does not collect or process any payments with any ISP on your behalf. ISPs are solely responsible for providing you with internet connectivity and their other services. All payments for such services must be made by you directly to the ISP.
   
   

9. Benny’s Intellectual Property. Our App, the Site, our product, visual interfaces, information, graphics, design, software, code, text, data, services, images, graphics, illustrations, artworks, designs and all other elements of the Site and the content we may available through the Services, as well as our trade names, trademarks, logos and other intellectual property (collectively, “Materials”) is subject to intellectual property and proprietary rights, and applicable laws. All Materials are the property of Benny or our third-party licensors. We retain all rights to Materials. You agree not to sell, distribute, copy, modify, publicly perform or display, create derivative works from, or otherwise use any Materials except as expressly authorized by Benny under these Terms or with Benny’s prior written consent. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Materials.
   
   

10. Rights and Terms for Apps.
    
    

    (a) App License. If you comply with these Terms, Benny grants to you a limited non- exclusive, non-transferable license, with no right to sublicense, to download and install the App on your personal computers, mobile handsets, tablets, wearable devices, and/or other devices and to run the App solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App (unless applicable law permits, despite this limitation); or (iv) make the functionality of the App available to multiple users through any means.
    
    (b) Additional Information: Apple App Store. This Section 11(b) applies to any App that you acquire from the Apple App Store or use on an iOS device. Apple has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the App purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that your possession and use of the App infringe that third party’s intellectual property rights. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You must also comply with any applicable third-party terms of service when using the App.
    
    

11. General Prohibitions and Benny’s Enforcement Rights. You agree not to do any of the following:
    
    

    (a) Post, upload, publish, submit or transmit any content or otherwise use the Services in any way that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;

    
    (b) Use, display, mirror or frame the Services or any individual element within the Services, Benny’s name, any Benny trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Benny’s express written consent;
    
    (c) Access, tamper with, or use non-public areas of the Services, Benny’s computer systems, or the technical delivery systems of Benny’s providers;
    
    (d) Attempt to probe, scan or test the vulnerability of any Benny system or network or breach any security or authentication measures;

    
    (e) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Benny or any of Benny’s providers or any other third party (including another user) to protect the Services;
    
    (f) Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Benny or other generally available third-party web browsers;
    
    (g) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
    
    (h) Use any meta tags or other hidden text or metadata utilizing a Benny trademark, logo URL or product name without Benny’s express written consent;
    
    (i) Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
    
    (j) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source- identifying information;
    
    (k) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
    
    (l) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail- bombing the Services;
    
    (m) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
    
    (n) Impersonate or misrepresent your affiliation with any person or entity;
    
    (o) Violate any applicable law or regulation; or
    
    (p) Encourage or enable any other individual to do any of the foregoing.
    
    Benny is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
    
    

12. Links to Third Party Websites or Resources. The Services (including the App) may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites, including but not limited to the products, services and websites of ISPs. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.
    
    

13. Termination. We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account for the Services, at our sole discretion, which may include if we suspect you of engaging in or facilitating any fraudulent or unlawful conduct using the Services or that you are in breach of the terms and conditions governing the Program, at any time and without notice to you. You may cancel your account at any time by sending us an email at help@bennyapi.com . Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 7, 9, 11, 13, 14, 15, 16, 17, 18 and 19.
    
    

14. Warranty Disclaimers.
    
    (a) General Disclaimer. THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
    
    (b) No Professional Advice. YOU ACKNOWLEDGE THAT BENNY DOES NOT PROVIDE FINANCIAL, TAX, REGULATORY, ACCOUNTING, LEGAL OR OTHER PROFESSIONAL ADVICE. THE SERVICES SHOULD NOT BE RELIED UP ON FOR, FINANCIAL, TAX, REGULATORY, ACCOUNTING, LEGAL OR OTHER PROFESSIONAL ADVICE. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING ANY SUCH PROFESSIONAL ADVICE WITH RESPECT TO YOUR INDIVIDUAL CIRCUMSTANCES. YOUR ELIGIBILITY TO PARTICIPATE IN THE PROGRAM IS DETERMINED SOLELY BY THE FCC AND NOT BY BENNY. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services.
    
    

15. Indemnity. You will indemnify and hold Benny and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your violation of these Terms, (c) your unlawful or fraudulent conduct or use of the Services, or (d) your violation of the terms and conditions applicable to the Program.
    
    

16. Limitation of Liability.
    
    (a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER BENNY NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BENNY OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
    
    (b) TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL BENNY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100).
    
    (c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BENNY AND YOU.
    
    

17. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of New York, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 19 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Benny are not required to arbitrate will be the state and federal courts located in New York City, New York, and you and Benny each waive any objection to jurisdiction and venue in such courts.
    
    

18. Dispute Resolution.
    
    (a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Benny agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Benny are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
    
    (b) Exceptions. As limited exceptions to Section 19(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
    
    (c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
    
    Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
    
    (d) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
    
    (e) Injunctive and Declaratory Relief. Except as provided in Section 19(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
    
    (f) Class Action Waiver. YOU AND BENNY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
    
    (g) Severability. With the exception of any of the provisions in Section 19(f) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
    
    

19. General Terms.
    
    (a) Reservation of Rights. Benny and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
    
    (b) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Benny and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Benny and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without Benny’s prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. Benny may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
    
    (c) Notices. Any notices or other communications provided by Benny under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
    
    (d) Waiver of Rights. Benny’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Benny. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
    
    

20. Contact Information. If you have any questions about these Terms or the Services, please contact Benny at help@bennyapi.com, (201) 298-3746, and/or 169 Madison Ave #2499, New York, NY 10016.