Acceptance of Terms#
By accessing or using Bynefit (bynefit.com), including the platform dashboard, API, embeddable widget, or any other Bynefit service (collectively, the "Platform"), you agree to be bound by these Terms of Service ("Terms"). If you are using Bynefit on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
If you do not agree to these Terms, do not use the Platform.
These Terms include the following documents, which apply to the features they describe: the Privacy Policy, the Community Guidelines, the Moderation policy, the Location Terms and Notice, the Partner Terms, the Practice and Third-Party Provider Terms, the SMS & MMS Messaging Terms and the Call Recording Policy. If one of them conflicts with these Terms for the feature it covers, that document controls for that feature.
Description of Service#
Bynefit is a community platform for people, Spaces, nonprofits, civic groups, creators and businesses. The Platform includes the Bynefit apps for iOS and Android, the web dashboard, public Space pages, a feed and posts, messaging (including end-to-end encrypted conversations), events, forms, email and SMS communications, a phone bank dialer, community resources, a map of local resources, events, relief campaigns and people, optional location features, creator tools and earnings, Stars, tipping and payouts, relief campaigns, hosted websites and managed WordPress sites, Business Setup tools, billing tools, and developer API access. Some features are available only to some accounts, in some places or on some plans, and may change or be withdrawn.
Bynefit is a platform. Spaces, creators, partners and other third parties provide their own content, events, services and goods through it, and Bynefit does not provide or guarantee them. See the Practice and Third-Party Provider Terms.
Your Account#
You must create an account to use the Platform. You are responsible for maintaining the security of your credentials and for all activity under your account. Bynefit accounts are organized into Spaces; each Space has administrators and members with defined role-based permissions. You must be at least 18 years old to create an account or serve as a Space administrator.
Acceptable Use#
You agree not to use the Platform to:
- Send unsolicited commercial messages (spam), including SMS messages to individuals who have not affirmatively opted in;
- Harass, threaten, or harm any person;
- Violate any applicable law, including the TCPA, CAN-SPAM Act, or state consumer protection laws;
- Distribute malware, phishing content, or any code designed to compromise systems;
- Attempt to gain unauthorized access to Bynefit systems, other accounts, or third-party services accessed through Bynefit;
- Scrape, reverse-engineer, or reproduce the Platform's code, design, or content without written permission;
- Use the Platform in connection with illegal activity of any kind.
Community Standards#
Everyone on the Platform must follow the Community Guidelines. Bynefit reviews reports and may remove content, limit features, or suspend or end accounts as described in the Moderation policy, which also explains how to appeal. A Space administrator may set additional rules for a Space and is responsible for that Space's content and members.
Location#
Some features use location. They are optional, are off until you allow them, and are described in the Location Terms and Notice, which explains what is collected, who can see it, how long it is kept and how to delete it. Do not use the Platform to locate, follow or harass another person. Bynefit is not an emergency service, and location and maps may be inaccurate.
Partners and Third-Party Providers#
Businesses and organizations can join the Bynefit partner program under the Partner Terms. Practices, Business Setup fulfilment partners and other third parties can provide services through the Platform under the Practice and Third-Party Provider Terms. Unless an order says otherwise, Bynefit is not the provider of a third party's service, does not give legal, tax, financial or other professional advice, and is not responsible for what a third party does. If you buy from a third party, your contract for that purchase is with them.
Hosted and Managed Sites#
A Space that publishes a website hosted or managed by Bynefit, or that connects its own WordPress site, owns that site's content and is responsible for it, including the rights to what it publishes, a lawful privacy notice and any consent its visitors need. Bynefit may suspend or remove a site, a connected domain or a connection that breaks these Terms or the law or that endangers the service. Domain names follow the rules of the registry and registrar, and Bynefit does not promise that a name will be available or renewable.
Encrypted Messaging#
Some conversations are end-to-end encrypted, meaning the content can be read only on the devices of the people in the conversation. Bynefit cannot read encrypted content and may not be able to recover it if you lose your recovery information. We may still process information about a conversation, such as who took part and when, to run the service, enforce our rules and respond to reports. You are responsible for what you send.
SMS and Voice Messaging#
Bynefit provides SMS and MMS messaging capabilities powered by Twilio. Use of these features is governed by our SMS & MMS Messaging Terms and Call Recording Policy, incorporated into these Terms by reference.
Spaces using messaging features are responsible for:
- Obtaining valid opt-in consent from all recipients before sending messages;
- Honoring STOP requests immediately and maintaining opt-out records;
- Complying with TCPA, CTIA messaging guidelines, and applicable state laws;
- Ensuring their A2P 10DLC brand and campaign registration is accurate and current;
- Not messaging purchased lists, scraped numbers, or anyone who has not provided affirmative consent.
Bynefit may suspend messaging access for Spaces that violate these requirements without prior notice.
Developer API and Webhooks#
Bynefit provides a Read API (authenticated with space keys or developer keys) and an outbound Webhook system. API access is subject to rate limits published in the API documentation. You agree not to use the API to exceed rate limits, access unauthorized data, or build competing services without written agreement. Webhook delivery URLs must be servers you control; you are responsible for the security of data received at your endpoints.
Embeddable Widget#
Spaces may embed the Bynefit resources widget on external websites using a public widget key. By embedding the widget, you agree that it will make API requests from your visitors' browsers to Bynefit's servers, and you must disclose this in your site's privacy policy where required by applicable law.
Payments, Stars, Earnings and Billing#
Some features require a paid plan, per-use credit or a purchase. Payments are processed through PayPal or the other providers listed at checkout, and prices are shown in USD before you pay. A payment provider can hold or reverse a payment, and a payment that a provider holds for review is not treated as received until it is released and applied. Stars and similar in-app credits are virtual items, are not a bank account, deposit or stored-value account, and have cash value only as the Platform allows when you request a payout.
- Tips, subscriptions and creator earnings. Where a creator can receive tips, subscriptions or pledges, the amount a supporter pays, the share the creator receives and any fee are shown before payment. A creator can request a payout of the available balance, subject to the minimum, fee, identity and payout-address checks shown in the app. A payout to a payout address not used before is held until the account owner confirms it.
- Relief campaigns and donations. Donations to a relief campaign are processed through a charitable payment provider and are gifts to the charitable fund described on the campaign, not payments to an individual.
- Business Setup. Orders are governed by the order terms shown at checkout and by the Practice and Third-Party Provider Terms.
- Referral credit. Referral credit paid to a Partner never raises the price you pay. See the Partner Terms.
- Renewals and refunds. A renewal or recurring charge is shown before you pay and is not charged unless you pay. Refund eligibility depends on what you bought and is stated at purchase, and a refund right the law gives you applies.
- Taxes. You are responsible for taxes on what you earn or buy, except taxes Bynefit is required to collect.
Your Content#
You keep ownership of content you create on Bynefit. When you post or upload content, you give Bynefit a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, format, display and deliver it, and to let others view and, where a feature allows, share or pass it along, according to the audience and settings you choose, such as public, a Space or certain people. The licence lasts while the content is on the Platform and for a reasonable time afterwards for backups and for copies others already shared, and it ends for content you delete except where we must keep it to meet legal obligations. We do not use your content for our own marketing without your permission. You promise that you have the rights to what you post and that it follows the Community Guidelines.
Third-Party Services and Links#
The Platform uses and links to services run by others, such as PayPal for payments, Twilio for messaging, OpenStreetMap, Apple Maps and Google Maps for maps and place names, Apple and Google for notifications and app distribution, domain registrars, and the websites of Spaces and Partners. Those services have their own terms and privacy practices, and Bynefit is not responsible for them.
Intellectual Property#
The Bynefit Platform, including its design, code, and branding, is owned by Bynefit Inc., and protected by copyright and other intellectual property laws. You may not reproduce or distribute any part of the Platform without written permission.
Termination#
You may delete your account at any time. Bynefit may suspend or terminate accounts that violate these Terms, with or without prior notice depending on the severity of the violation. Upon termination your right to access the Platform ends immediately. We retain data as described in our Privacy Policy. Ending an account deletes the location information described in the Location Terms and Notice. A balance of Stars or earnings, any held payment and any amount owed are handled under the Payments section.
Disclaimers#
THE PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. BYNEFIT DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK.
Limitation of Liability#
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BYNEFIT'S LIABILITY FOR ANY CLAIM ARISING FROM USE OF THE PLATFORM IS LIMITED TO THE AMOUNT YOU PAID TO BYNEFIT IN THE THREE MONTHS PRECEDING THE CLAIM. BYNEFIT IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES.
Governing Law#
These Terms are governed by the laws of the State of Georgia, without regard to its conflict-of-law provisions. Disputes will be resolved in the state or federal courts located in Fulton County, Georgia.
Changes to These Terms#
We may update these Terms from time to time. Material changes will be communicated via the Bynefit dashboard and/or email at least 3 days before taking effect. Continued use of the Platform after the effective date constitutes acceptance of the updated Terms.
Contact#
Questions about these Terms can be sent through the Bynefit support center at bynefit.com/support. Legal notices: support@bynefit.org.