Terms of Use

1. Acceptance of Terms

By accessing or using the Benies.ai platform ("Platform"), operated by Promotext Services LLC ("Benies.ai," "we," "us," or "our"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, you must not use the Platform. We reserve the right to update these Terms at any time. Continued use of the Platform after changes are posted constitutes acceptance of the revised Terms.

By placing a bid and winning an auction, you enter into a direct agreement with the Venue for the redemption of that experience. Benies.ai is not a party to that agreement and accepts no liability for the Venue's performance, quality, availability, or cancellation of any experience.

3. Bidding and Payments

All bids placed on the Platform are binding. When you win an auction, your saved payment method is charged automatically for the winning bid amount plus any applicable fees. By participating in an auction, you authorize Benies.ai to charge your payment method upon winning.

Payments are processed by Stripe. By using the Platform, you also agree to Stripe's terms of service. Benies.ai does not store full payment card details on its servers.

4. Scheduled Experiences and Fulfillment Dates

Some experiences auctioned on the Platform include a specific scheduled date, time, or redemption window as defined by the Venue ("Fulfillment Date"). It is your sole responsibility to review the Fulfillment Date before bidding. By placing a bid on an experience with a Fulfillment Date, you acknowledge and accept that date as a condition of the purchase.

If you miss a Fulfillment Date — including failing to appear, failing to contact the Venue to confirm, or failing to redeem the experience within the window specified by the Venue — the Venue may, at its sole discretion, consider the experience forfeited. Benies.ai is not responsible for missed Fulfillment Dates and will not issue refunds for experiences forfeited due to buyer non-attendance or failure to schedule.

Where a Venue cancels or reschedules a Fulfillment Date, the Venue is solely responsible for communicating with the buyer and arranging an alternative. Benies.ai will make reasonable efforts to facilitate communication but assumes no liability for Venue cancellations.

Venues acknowledge that laws such as the federal Credit CARD Act of 2009, Arizona Revised Statutes relating to gift certificates, and similar statutes in other states may impose requirements including but not limited to: minimum expiration periods, fee restrictions, disclosure obligations, and dormancy rules. Compliance with all such requirements is the Venue's sole obligation. Benies.ai makes no representation that any Venue is in compliance with applicable gift card laws and expressly disclaims all liability arising from any Venue's failure to comply.

Platform Unavailability. In the event that the Benies.ai Platform becomes temporarily or permanently unavailable, or a Venue ceases operations, your unredeemed credit retains its monetary value as against the Venue. Benies.ai will make commercially reasonable efforts to notify affected buyers and to facilitate communication with the Venue, but Benies.ai bears no financial obligation to honor, replace, or refund any credit issued by a Venue.

Nothing in these Terms limits any rights you may have under applicable gift certificate, stored-value, or consumer protection laws in your jurisdiction as against the Venue that issued the credit.

6. Venue Redemption Terms and Buyer Obligations

Each experience is offered subject to the specific terms, restrictions, and conditions set by the Venue ("Venue Terms"), which are disclosed in the experience listing prior to bidding. Venue Terms may include, without limitation:

• Specific dates, times, or reservation windows during which the experience may be redeemed.
• Minimum or maximum party sizes.
• Dietary, health, age, or other eligibility restrictions.
• Advance booking or confirmation requirements.
• Blackout dates or holiday exclusions.
• Dress code or conduct requirements.

By winning an auction, you agree to honor all Venue Terms associated with that experience. Failure to comply with Venue Terms — including arriving outside the specified window, failing to meet eligibility requirements, or failing to provide required advance notice — may result in the Venue declining to fulfill the experience. In such cases, Benies.ai will not issue a refund, and the Venue bears no obligation to provide an alternative date or substitute experience unless otherwise required by law.

If you believe a Venue has unreasonably refused to honor a valid redemption in compliance with all Venue Terms, please contact us at [email protected] and we will investigate in good faith. Benies.ai's determination in such disputes is final and binding to the extent permitted by law.

7. No Refunds; Exceptions

All sales are final. Because auction wins represent a binding purchase of a specific experience at a buyer-determined price, Benies.ai does not offer refunds except in the following limited circumstances:

• The Venue permanently closes before the experience can be redeemed and no alternative arrangement is possible.
• A charge was made in error due to a verified technical failure of the Platform.
• Applicable law requires a refund.

Refund requests must be submitted within 30 days of the triggering event by contacting [email protected]. Approved refunds will be returned to the original payment method within 5–10 business days.

8. Venue Partner Obligations

Venues that list experiences on the Platform agree, as a condition of participation, to:

• Accurately describe all experiences, including any restrictions, Fulfillment Dates, and Venue Terms, before the auction begins.
• Honor all winning bids redeemed in compliance with the disclosed Venue Terms.
• Communicate promptly with winning buyers regarding scheduling and redemption.
• Comply with all applicable laws, including consumer protection, health and safety, and licensing requirements.
• Independently ensure compliance with all applicable federal and state gift card, gift certificate, and stored-value laws as they apply to experiences and credits offered through the Platform. Benies.ai does not monitor, advise on, or bear any responsibility for Venue compliance with such laws.
• Not discriminate against buyers on the basis of any protected characteristic.

9. Prohibited Conduct

You agree not to:

• Place bids you do not intend to honor or for which you do not have sufficient funds.
• Attempt to manipulate auction outcomes through shill bidding, bid shielding, or collusion.
• Use the Platform for any unlawful purpose or in violation of these Terms.
• Attempt to reverse-engineer, scrape, or disrupt the Platform or its infrastructure.
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.

Violation of these prohibitions may result in immediate account suspension and, where applicable, legal action.

10. Limitation of Liability

To the maximum extent permitted by applicable law, Benies.ai and its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of goodwill, or the cost of substitute services, arising out of or in connection with your use of the Platform or any experience purchased through it.

In no event shall Benies.ai's total aggregate liability to you for any claims arising out of or relating to these Terms or the Platform exceed the greater of (a) the amount you paid to Benies.ai in the twelve months preceding the claim, or (b) one hundred dollars ($100).

11. Disclaimer of Warranties

The Platform is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Benies.ai does not warrant that the Platform will be uninterrupted, error-free, or free of viruses or other harmful components. Your use of the Platform is at your sole risk.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Arizona, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Platform shall first be submitted to good-faith negotiation. If unresolved within 30 days, disputes shall be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, with proceedings conducted in Maricopa County, Arizona.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm.

13. Contact

Questions about these Terms should be directed to: