PromoText Services LLC, dba benies.ai
This Terms of Service Agreement (“Agreement”) is entered into by and between PromoText Services Subscription Marketing (“Company”), with its principal place of business at Arizona, and the undersigned business entity (“Client”), collectively referred to as the “Parties.”
Terms of agreement for collaborative program
This Agreement governs Client’s participation in benies.ai and “The Cup Club” Membership/Loyalty Program, a collective network marketing platform providing members with specific benefits across participating locations. Also includes any individual membership programs the client would like to offer their customers in house.
benies.ai Membership Platform is a customizable, multi-layered loyalty and marketing solution that empowers Clients to create personalized engagement strategies and drive customer loyalty. benies.ai allows each client to tailor their own membership offerings to meet their unique needs and goals.
Key features
- Customizable multi-layered memberships: clients can design tiered monthly membership programs with varying benefits to appeal to different customer segments; one-time-use subscription membership programs with varying benefits; and coupon offers for quick discounts.
- Personalized customer engagement: advanced tools for creating tailored messaging based on customer profiles, preferences, and events like birthdays or holidays.
- Community style platforms i.e. The Cup Club Subscription: integrated coffee and soda subscription offering members exclusive perks while driving frequent visits.
- Unified restaurant network: connects clients nationwide into a single membership audience, enabling collaboration rather than competition.
- AI-powered cross promotion marketing: automates and optimizes communication funnels, ensuring timely and relevant outreach to customers.
1.1 Company obligations
The Company agrees to:
- Develop and maintain branded versions of the benies.ai platform.
- Provide tools for membership, coupon, one time offers, and payment management, as well as revenue-sharing options where applicable.
- Memberships are taxable. All tax money collected will be paid to the appropriate taxation departments.
1.2 Client obligations
By participating in the benies.ai platform, the Client agrees to:
- (a) Fulfill specific benefits and adhere to outlined procedures, including participation in community or collaborative memberships such as “The Cup Club.”
- (b) Comply with terms and conditions, licensing agreements, and use of the Company’s AI tools, including geo-fencing and customer messaging.
- (c) Manage updates to subscription offers, push notifications, and communications.
- (d) Present exclusive in-store benefits and ensure proper redemption of memberships, vouchers, and coupons.
- (e) Provide accurate data for the Checksum Average to assess membership success. Unreported data will default to zero.
- (f) Agree to the use of at least 1 of multiple in-store marketing products to introduce and promote the platform.
Client trademarks and materials
The Client grants the Company the right to use trade names, logos, trademarks, and company descriptions for promotional purposes, subject to the Client’s trademark usage guidelines.
Indemnity
3.1 Client’s obligations: The Client indemnifies the Company against claims related to website content, use of materials, logos, and trademarks.
3.2 Company’s limitation: The Company is not responsible for property damage, loss, or personal injury, except in cases of willful misconduct or gross negligence.
Limitation of liability
Neither Party shall be liable for consequential, incidental, indirect, or punitive damages, irrespective of the legal basis for such liability.
Cancellation and refunds (refund policy)
5.1 How to cancel
You may cancel your membership at any time through your account settings or any other cancellation method we make available. Cancellation stops future renewal charges, but does not retroactively cancel or refund the current billing period, unless required by law or expressly stated otherwise.
5.2 Effective date of cancellation
Unless otherwise stated, your cancellation becomes effective at the end of your current paid billing period, and you may continue to access eligible paid benefits until then.
5.3 Refund policy
Except where required by law:
- membership fees are non-refundable;
- partially used billing periods are not prorated;
- unused benefits have no cash value; and
- memberships are non-transferable.
5.4 Promotional or trial offers
If we offer a trial, introductory price, or special promotional rate, additional terms may apply and will be disclosed at sign-up. Unless stated otherwise, promotional memberships may convert to paid recurring memberships unless canceled before the applicable deadline.
Dispute resolution
Disputes will be resolved through binding arbitration by an independent arbitrator mutually agreed upon by the Parties.
Miscellaneous
- 7.1 Amendment: This Agreement may only be amended in writing with mutual consent.
- 7.2 Governing law: This Agreement is governed by the laws of the State of Arizona.
- 7.3 Confidentiality: All terms are confidential and may not be disclosed without written approval.
- 7.4 Ownership of data: The Company retains ownership of all subscription data.
- 7.5 Confidential information: All information shared by the Company remains the property of the Disclosing Party.
Questions about these terms or a billing term? Contact support@benies.ai.