Terms of Service

Last updated: 10/25/2025

1. Acceptance of Terms

By accessing or using Benny Chat ("Service," "we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through the Service. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

2. Description of Service

Benny Chat is an AI-powered chat application that provides:

  • Conversational AI interactions using advanced language models
  • Custom system prompts and personalized AI assistant capabilities
  • Optional third-party integrations (Todoist, GitHub, Limitless, Perplexity)
  • Chat organization with folders and visibility controls
  • File upload and document management
  • Focus and goal tracking features
  • Background task processing and scheduled assistance

The Service is provided on a subscription basis with monthly billing.

3. Account Registration and Access

3.1 Account Creation

To use the Service, you must create an account through one of the following methods:

  • Email and password registration
  • Discord OAuth authentication
  • Google OAuth authentication
  • Stripe subscription checkout

3.2 Access Requirements

Access to the Service requires one of:

  • Discord Membership: Active membership in our designated Discord server
  • Stripe Subscription: An active $10/month subscription in good standing

3.3 Account Security

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized use of your account
  • Ensuring your account information is accurate and current

3.4 Account Eligibility

You must be at least 13 years old to use the Service. By creating an account, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

4. Subscription and Billing

4.1 Pricing

The Service is offered at $10 per month, billed on a recurring monthly basis. Prices are subject to change with 30 days' notice.

4.2 Payment Processing

All payments are processed securely through Stripe. By subscribing, you authorize us to charge your payment method on a recurring monthly basis. You agree to provide current, complete, and accurate billing information.

4.3 Renewals

Your subscription will automatically renew each month unless you cancel before the next billing date. You will be charged on the same day each month as your original subscription date.

4.4 Cancellation

You may cancel your subscription at any time through the Stripe Customer Portal accessible in your account settings. Cancellations take effect at the end of your current billing period. You will retain access until the end of the paid period. No refunds are provided for partial billing periods.

4.5 Failed Payments

If a payment fails, your subscription status will be marked as "past_due" and your access to the Service may be suspended. We will attempt to notify you via email. Continued payment failures may result in subscription cancellation.

4.6 Refund Policy

All subscriptions are non-refundable. We do not provide refunds or credits for partial months of service, upgrades, downgrades, or unused subscription time. In exceptional circumstances, refunds may be granted at our sole discretion.

5. Acceptable Use Policy

You agree NOT to use the Service to:

  • Violate any applicable laws, regulations, or third-party rights
  • Generate, store, or share content that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
  • Impersonate any person or entity or misrepresent your affiliation
  • Attempt to gain unauthorized access to the Service or related systems
  • Interfere with or disrupt the Service or servers/networks connected to the Service
  • Use automated systems (bots, scrapers) without our express written permission
  • Reverse engineer, decompile, or attempt to extract source code from the Service
  • Share your account credentials or allow unauthorized access to your account
  • Use the Service to develop competing products or services
  • Upload malicious code, viruses, or any harmful software
  • Generate spam, phishing attempts, or fraudulent content
  • Bypass or circumvent any access controls, rate limits, or usage restrictions

6. User Content and Data

6.1 Your Content

You retain all rights to the content you submit to the Service, including chat messages, prompts, files, and custom configurations. By using the Service, you grant us a limited license to use, process, and store your content solely to provide and improve the Service.

6.2 AI-Generated Content

Content generated by AI models in response to your prompts is provided for your use. However, AI-generated content may not be unique and similar content may be generated for other users. We make no warranties regarding the accuracy, completeness, or suitability of AI-generated content.

6.3 Content Responsibility

You are solely responsible for:

  • The content you submit and generate using the Service
  • Ensuring your use of AI-generated content complies with applicable laws
  • Verifying the accuracy of AI-generated content before relying on it
  • Maintaining backups of important content; we are not responsible for data loss

6.4 Content Monitoring

We reserve the right (but have no obligation) to monitor, review, or remove content that violates these Terms or is otherwise objectionable. We may use automated systems and human review to detect violations.

7. Third-Party Integrations

The Service offers optional integrations with third-party services through Smithery MCP, including:

  • Todoist - Task management
  • GitHub - Repository and knowledge management
  • Limitless AI - Personal lifelog access
  • Perplexity - Web search

These integrations require separate accounts and are subject to their respective terms of service and privacy policies. We are not responsible for the availability, content, or practices of third-party services. Your use of third-party integrations is at your own risk.

8. Intellectual Property

8.1 Our Rights

The Service, including its design, features, code, and documentation, is owned by us and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our express written permission.

8.2 Trademarks

"Benny Chat" and related logos are our trademarks. You may not use our trademarks without our prior written consent.

8.3 Feedback

If you provide us with feedback, suggestions, or ideas about the Service, you grant us the right to use such feedback without compensation or attribution.

9. Disclaimers and Limitations

9.1 Service Availability

The Service is provided "as is" and "as available" without warranties of any kind. We do not guarantee that the Service will be uninterrupted, error-free, or secure. We may modify, suspend, or discontinue any aspect of the Service at any time.

9.2 AI Limitations

AI-generated content may contain errors, inaccuracies, or inappropriate material. The Service is not a substitute for professional advice (legal, medical, financial, etc.). You should not rely solely on AI-generated content for important decisions.

9.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

  • Your use or inability to use the Service
  • Any unauthorized access to or use of your account or data
  • Any errors or omissions in AI-generated content
  • Any third-party content, integrations, or services accessed through the Service

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

9.4 Indemnification

You agree to indemnify and hold us harmless from any claims, damages, losses, liabilities, and expenses (including attorney fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Content you submit or generate using the Service

10. Account Termination

10.1 Termination by You

You may terminate your account at any time through your account settings or by contacting us. Subscription cancellation does not delete your account; you must separately request account deletion if desired.

10.2 Termination by Us

We may suspend or terminate your account at any time, with or without notice, for:

  • Violation of these Terms
  • Fraudulent, abusive, or illegal activity
  • Extended payment failures
  • Loss of Discord server membership (if applicable)
  • Any other reason at our sole discretion

10.3 Effect of Termination

Upon termination:

  • Your access to the Service will immediately cease
  • Your subscription will be canceled (no refunds)
  • We may delete your account data after a reasonable retention period
  • Certain provisions of these Terms will survive termination

11. Privacy

Your use of the Service is subject to our Privacy Policy, which describes how we collect, use, and protect your information. By using the Service, you consent to our data practices as described in the Privacy Policy.

View our Privacy Policy

12. Dispute Resolution

12.1 Informal Resolution

Before filing a legal claim, you agree to first contact us to attempt to resolve the dispute informally. We will do the same.

12.2 Arbitration

If we cannot resolve a dispute informally, any legal dispute will be resolved through binding arbitration rather than in court, except that you may assert claims in small claims court if they qualify.

12.3 Class Action Waiver

You agree to resolve disputes with us on an individual basis only. You may not bring claims as a plaintiff or class member in any class action, consolidated, or representative proceeding.

13. General Provisions

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of California, without regard to conflict of law principles.

13.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

13.3 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service.

13.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms at any time without notice.

13.5 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

14. Contact Information

If you have questions about these Terms, please contact us:

Email: ben@hint.services

By using Benny Chat, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.