Terms & Conditions

Welcome to Bento! We provide a cloud-based platform (Platform) where you can send targeted email and SMS to your customers at scale, create automations based on user behaviour and purchases or chat live with customers.

In these Terms, when we say you or your, we mean both you and any entity you are authorised to represent (such as your employer).

When we say we, us, or our, we mean Backpack Internet Pty. Ltd. T/A Bento Software (ACN 618 553 129).

These Terms form our contract with you, and set out our obligations as a service provider and your obligations as a customer. You cannot use our Services unless you agree to these Terms.

Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms.

For questions about these Terms, or to get in touch with us, please email: support@bentonow.com.

OUR DISCLOSURES

Please read these Terms carefully before you accept. We draw your attention to the fact that:

• we will handle your direct personal information in accordance with our privacy policy, available at https://bentonow.com/legal/privacy;

• subject to your Consumer Law Rights:

  • (where our Services are not ordinarily acquired for personal, domestic or household use or consumption) in respect of any failure by us to comply with relevant Consumer Law Rights, our Liability is limited (at our discretion) to supplying the Services again or paying the cost of having the Services supplied again;

  • our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to AU$1,000;

  • we will not be liable for Consequential Loss or delays or failures in performance caused or contributed to by an event or circumstance beyond our reasonable control;

• we may amend these Terms at any time by providing notice to you, and by clicking “I accept”, or by continuing to use our Platform from the date that is 30 days after notification, you agree to the amended Terms. If you do not agree to the amendment, you may close your Account with effect from the date of the change in these Terms by providing written notice to us;

• where you engage third parties to operate alongside our Services (for example, any third-party software systems you wish to integrate with our Platform), those third parties are independent of us and you are responsible for (meaning we will not be liable for) the goods or services they provide, unless we expressly agree otherwise under clause 2.6; and

• we may terminate your access to our Platform if you breach our Acceptable Use Policy, the Spam Act or Privacy Act.

• you agree to indemnify, defend, and hold us harmless from any and all claims, liabilities, fines, costs, expenses, including internal investigation costs, arising from actual or alleged breaches of the Spam Act, Privacy Act, telecommunications laws, carrier or platform rules, our Acceptable Use Policy, or related regulations.

These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.

1 — Engagement and Term

1.1 These Terms apply from when you sign up for an Account, until the date on which your Account is terminated in accordance with these Terms (Term). We grant you a right to use our Services for this period of time only (which may be suspended or revoked in accordance with these Terms).

1.2 You must be at least 18 years old to use our Platform.

1.3 Variations: We may amend these Terms at any time, by providing written notice to you. By clicking “I accept”, or by continuing to use our Platform from the date that is 30 days after notification, you agree to the amended Terms. If you do not agree to the amendment, you may close your Account with effect from the date of the change in these Terms by providing written notice to us. If you close your Account, you will no longer be able to access our Services (including our Platform) on and from the date of cancellation.

1.4 Subscription Agreement and policies: We may offer paid plans, billing terms, or commercial terms under a separate subscription agreement, order form, checkout flow, or plan page (each a Subscription Agreement). If there is a conflict between these Terms and a Subscription Agreement, the Subscription Agreement will control only for pricing, billing cycle, renewal, cancellation, refunds, usage limits, and plan-specific commercial terms. Our Acceptable Use Policy, Privacy Policy, Cookie Policy, Copyright Policy, SMS Messaging Compliance Policy, and, where applicable, our API Terms and any data processing terms made available by us are incorporated into these Terms by reference. We may also make available a Subprocessor List, Security Overview, Government Requests Policy, Abuse Reporting page, and similar informational materials. Unless we expressly state otherwise in writing, those informational materials do not create independent service levels, warranties, or audit rights.

2 — Our Services

2.1 We provide the following services to you: (a) access to our Platform; and (b) access to our troubleshooting support (Support Services), (collectively, our Services).

2.2 If you require Support Services, you may request these by getting in touch with us through our Platform.

2.3 Unless we agree otherwise, Support Services cannot be used to support any other products or services, and does not include training, installation of software or hardware, software development or the modification, deletion or recovery of data or any on-site services.

2.4 Where we require access to your premises or computer systems in order to provide our Services, you agree to provide us with such access free from risk to the safety of our employees and contractors.

2.5 We will not be responsible for any other services unless expressly set out in these Terms or on our Platform.

2.6 Additional Services: If you require additional services, we may, in our sole discretion, provide such additional services (to be scoped and priced in a separate contract provided by us).

2.7 Discovery, Data Retrieval and Restoration Services: Our Services and Support Services do not include legal hold support, litigation, arbitration, mediation, regulatory or third-party discovery assistance, historical or custom data exports, deleted data retrieval, backup restoration, forensic investigation, or any other data recovery, reconstruction or evidentiary support services (Recovery Services). If you request any Recovery Services, we may provide them in our sole discretion as additional services. Any time spent by us assessing, locating, reviewing, extracting, restoring, reconstructing, or producing data or records at your request will be billable as Recovery Services. Recovery Services will be charged at our then-current hourly or project rates, together with any third-party costs and expenses incurred by us in providing those Recovery Services. We may require prepayment, a deposit, or written acceptance of a separate scope of work before commencing any Recovery Services. You acknowledge that, due to the nature of data deletion, system changes, backups, retention settings and third-party infrastructure, Recovery Services may not be successful, complete or available, and we do not guarantee that any deleted, historical or other data can be located, recovered, restored or produced.

2.8 Third Party Products or Services: Where you engage third parties to operate alongside our Services (for example, any third-party software systems you wish to integrate with our Platform), those third parties are independent of us and you are responsible for (meaning we will not be liable for) the goods or services they provide, unless we expressly agree otherwise under clause 2.6. If you enable, authorise, or configure an integration, connection, or data sync with a third party, you instruct us to exchange, transmit, or make available Your Data and account information to that third party to the extent needed to operate the integration you selected. We are not responsible for any third party's handling of data, acts, omissions, outages, security, or compliance.

2.9 Beta, Preview and Early Access Features: We may make alpha, beta, preview, pilot, trial, early access, experimental, or similar features or services available from time to time (Beta Features). Unless we expressly state otherwise, Beta Features are provided on an as is and as available basis, may have reduced or different security, support, performance, availability, or functionality, may change at any time, and may be suspended or discontinued without notice. To the maximum extent permitted by law, we are not liable for Beta Features or any use of them.

3 — Account

3.1 You must sign up for an Account in order to access and use our Platform.

3.2 While you have an Account with us, you agree to: (a) keep your information up-to-date (and ensure it remains true, accurate and complete); (b) keep usernames and passwords secure and confidential, and protect them from misuse or being stolen; (c) notify us promptly, and where practicable within 24 hours after becoming aware of it, if you become aware of, or have reason to suspect, any unauthorised access to your Account, API keys, credentials, or any logins linked to your Account; and (d) comply with our Acceptable Use Policy.

3.3 We may suspend your access to our Services where we reasonably believe there has been any breach of our Acceptable Use Policy or unauthorised access to or use of our Services (such as the unauthorised sharing of login details for our Platform). If we suspend your access to our Services, we will let you know within a reasonable time of doing so, and we will work with you to resolve the matter, or if it cannot be resolved, then we may terminate your Account and your access to our Services will end.

3.4 When you create an Account, you may be prompted to nominate the number of unique users or contacts with email addresses that you intend to store in, communicate with through, or otherwise process through our Platform (each an Identified Contact). We may determine the number of Identified Contacts based on your account data, your plan, the counting methodology we publish, or as otherwise set out in a Subscription Agreement, and you will be charged accordingly.

3.5 Regardless of your number of Identified Contacts, each Account is entitled to the following: (a) access to the Platform features we make available to your subscription plan; (b) use of our Platform's email sending features, subject to your subscription plan, technical and operational limits, our Acceptable Use Policy and these Terms; (c) the right to authorise users within your business to access and use the Platform, subject to your subscription plan, our security requirements and these Terms; (d) access to anonymous tracking functionality that we make available to your subscription plan, subject to technical limits, our policies and applicable law; and (e) the ability to connect domains, sites and similar properties to your Account, subject to your subscription plan, our verification requirements, technical limits and our policies.

4 — Payments

4.1 You must pay the fees for your use of our Services, including any fees based on Identified Contacts, plan tier, billing period, overages, usage, additional services, or other amounts payable under these Terms or any Subscription Agreement (Fees). The applicable Fees will be set out on our Platform, in a Subscription Agreement, or as otherwise agreed between the parties. Unless otherwise stated, Fees are billed in advance and charged to the payment method you provide.

4.2 Fees may be adjusted from time to time. If we change recurring Fees for your plan, we will generally provide you with at least 30 days’ notice before the updated Fees take effect. If you do not wish to pay the updated Fees, you may cancel in accordance with the applicable Subscription Agreement or your account settings before the updated Fees take effect.

4.3 You must not pay, or attempt to pay, any fees due under these Terms or as a result of your use of our Services by fraudulent or unlawful means. If you make payment by debit or credit card, you must be the authorised card holder. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third-party payment processor to debit your bank account, and you confirm that you are either the holder or an authorised signatory of that bank account.

4.4 Trial Periods: When you first sign up for an Account, if agreed in writing between us or offered through our Platform, we may offer you the option to try our Services for free for the period set out in our offer. At the end of the free trial, your paid Subscription will begin and you authorise us to charge the applicable Fees unless you cancel before the trial ends.

4.5 Late Payments: If any Fees due under these Terms or as a result of your use of our Services are not paid on time, we may: (a) suspend your access to our Services (including access to our Platform); and (b) charge interest on any overdue payments at a rate equal to the Reserve Bank of Australia’s cash rate, from time-to-time, plus 2% per annum, calculated daily and compounding monthly.

4.6 Taxes: You are responsible for paying any levies or taxes associated with your use of our Services, for example sales taxes, value-added taxes or withholding taxes (unless we are required by law to collect these on your behalf).

5 — Platform Licence

5.1 While you have an Account, we grant you a right to use our Platform (which may be suspended or revoked in accordance with these Terms). This right cannot be passed on or transferred to any other person.

5.2 You must not:

(a) access or use our Platform in any way that is improper or breaches any laws, infringes any person's rights (for example, intellectual property rights and privacy rights), or gives rise to any civil or criminal liability;

(b) interfere with or interrupt the supply of our Platform, or any other person’s access to or use of our Platform;

(c) introduce any viruses or other malicious software code into our Platform;

(d) use any unauthorised or modified version of our Platform, including but not limited to for the purpose of building similar or competitive software or for the purpose of obtaining unauthorised access to our Platform;

(e) attempt to access any data or log into any server or account that you are not expressly authorised to access;

(f) use our Platform in any way that involves service bureau use, outsourcing, renting, reselling, sublicensing, concurrent use of a single user login, or time-sharing;

(g) circumvent user authentication or security of any of our networks, accounts or hosts or those of any third party; or

(h) access or use our Platform to transmit, publish or communicate material that is, defamatory, offensive, abusive, indecent, menacing, harassing or unwanted.

5.3 You must ensure that your use of our Platform is in accordance with our Acceptable Use Policy and you are responsible for obtaining consent from your Identified Contacts in accordance with the Privacy Act and Spam Act. We may terminate your use of our Platform in accordance with clause 11.1(a) for any breach of our Acceptable Use Policy.

5.4 Export Controls and Sanctions: You must not access or use our Services in violation of any applicable export control, sanctions, trade embargo, or import laws. You represent and warrant that you are not, and are not owned or controlled by, a person or entity that is the target of sanctions or restrictions that prohibit your use of the Services, and that you will not permit any such person or entity to access or use the Services.

6 — Availability, Disruption and Downtime

6.1 While we strive to always make our Services available to you, we do not make any promises that these will be available 100% of the time. Our Services may be disrupted during certain periods, including, for example, as a result of scheduled or emergency maintenance.

6.2 Our Services (including our Platform) may interact with, or be reliant on, products or services provided by third parties, such as cloud hosting service providers. To the maximum extent permitted by law, we are not liable for disruptions or downtime caused or contributed to by these third parties.

6.3 We will try to provide you with reasonable notice, where possible, of any disruptions to your access to our Services.

6.4 Delivery of emails, SMS and other communications sent through our Services depends on a range of factors outside our control, including third-party service providers, recipient systems, spam filters, network conditions and platform rules. To the maximum extent permitted by law, we do not guarantee the successful sending, routing, delivery, receipt, timing, inbox placement or continued availability of any email, SMS or other communication sent through our Services.

6.5 To the maximum extent permitted by law, we may, in our sole discretion and without liability to you, delay, reject, block, suspend, remove, throttle, or refuse to send, route, or process any email, SMS, or other communication through our Services or network where we consider it necessary or desirable for legal, regulatory, security, reputational, deliverability, spam, fraud, abuse, platform integrity, third-party requirements, or compliance reasons, or where we otherwise reasonably consider that doing so may expose us, our Services, our network, our suppliers, or any third party to risk. We are not required to monitor your content, recipients, or traffic, and no action or inaction by us constitutes approval of your data, sending practices, or communications.

6.6 Subject to your Consumer Law Rights, our Services are provided on an as is and as available basis. To the maximum extent permitted by law, we disclaim all representations, warranties, guarantees, and conditions not expressly stated in these Terms, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, satisfactory quality, uninterrupted availability, or results.

7 — Intellectual Property and Data

7.1 We own all intellectual property rights in our Services (including our Platform). This includes how our Platform looks and functions, as well as our copyrighted works, trademarks, inventions, designs and other intellectual property. You agree not to copy or otherwise misuse our intellectual property without our written permission (for example, to reverse engineer or discover the source code of our intellectual property), and you must not alter or remove any confidentiality, copyright or other ownership notice placed on our Platform.

7.2 We may use any feedback or suggestions that you give us in any manner which we see fit (for example, to develop new features), and no benefit will be owed to you as a result of any use by us of your feedback or suggestions.

Your Data

7.3 We do not own any of Your Data, but when you enter or upload any of Your Data into our Platform, you grant us the right to access, analyse, backup, copy, store, transmit, and otherwise use Your Data while you have an Account with us and for a reasonable period afterwards to the extent required to provide the Services, maintain backups, comply with law, resolve disputes, enforce our rights, or complete ordinary deletion and retention processes. We may use Your Data (or disclose it to third party service providers) to: (a) supply our Services to you (for example, to enable you to access and use our Services), and otherwise perform our obligations under these Terms; (b) diagnose problems with our Services; (c) improve, develop and protect our Services; (d) send you information we think may be of interest to you based on your marketing preferences; (e) perform analytics for the purpose of remedying bugs or issues with our Platform; or (f) perform our obligations under these Terms (as reasonably required).

7.4 You acknowledge and agree that because of the nature of the internet, the processing and transmission of Your Data by us may occur across various networks and systems, including networks and systems not owned or controlled by us, and may not always be encrypted.

7.5 You are responsible for (meaning we are not liable for): (a) the integrity of Your Data on your systems, networks or any device controlled by you; and (b) backing up Your Data.

7.6 When you use our Services, we may create anonymised statistical data, aggregated insights, diagnostic information, and usage analytics from Your Data and your use of our Services. Once anonymised or aggregated so that it does not reasonably identify you or any individual, we own that data and may use it for our own purposes, such as to provide and improve our Services, to develop new services or product offerings, to identify business trends, to support deliverability and abuse prevention, and for other internal business purposes. This may include making such anonymised or aggregated data publicly available, provided it is not compiled using a sample size small enough to make underlying portions of Your Data identifiable.

7.7 If you do not provide Your Data to us, it may impact your ability to receive our Services.

8 — Confidential Information and Personal Information

8.1 While using our Services, you may share confidential information with us, and you may become aware of confidential information about us. You agree not to use our confidential information, and to take reasonable steps to protect our confidential information from being disclosed without our permission, and we agree to do the same for your confidential information. This also means making sure that any employees, contractors, professional advisors or agents of ours or yours only have access to confidential information on a ‘need-to-know basis’ (in other words, the disclosure is absolutely necessary), and that they also agree to not misuse or disclose such confidential information.

8.2 However, either you or we may share confidential information with legal or regulatory authorities if required by law to do so.

8.3 We collect, hold and disclose and use any Personal Information you provide to us in accordance with our privacy policy, available at https://bentonow.com/legal/privacy, and applicable privacy laws. Additional information about our subprocessors, security practices, government requests handling, and abuse reporting may also be made available on our legal pages from time to time.

8.4 You must only disclose Personal Information to us if you have the right to do so (such as having the individual’s express consent).

8.5 We may need to disclose Personal Information to third parties, such as our related companies or our service providers (for example, IT and administrative service providers and our professional advisors).

9 — Consumer Law Rights

9.1 In some jurisdictions, you may have guarantees, rights or other remedies provided by law (Consumer Law Rights), and these Terms do not restrict your Consumer Law Rights. We will only be bound by your Consumer Law Rights and the express wording of these Terms. Our liability for a breach of your Consumer Law Rights is, unless the laws of your jurisdiction state otherwise, limited to either resupplying our Services, or paying the cost of having our Services resupplied.

9.2 Subject to your Consumer Law Rights, we do not provide a refund for a change of mind or change in circumstance.

9.3 If you accept these Terms in Australia, nothing in these Terms should be interpreted to exclude, restrict or modify the application of, or any rights or remedies you may have under, any part of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

10 — Liability

10.1 To the maximum extent permitted by law, we will not be liable for, and you release us from liability for, any Liability caused or contributed to by, arising from or in connection with:

(a) your computing environment (for example, your hardware, software, information technology and telecommunications services and systems); or

(b) any use of our Services by a person or entity other than you.

10.2 Regardless of whatever else is stated in these Terms, to the maximum extent permitted by law:

(a) neither we nor you are liable for any Consequential Loss;

(b) a party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party, including any failure by the other party to mitigate its loss;

(c) (where our Services are not ordinarily acquired for personal, domestic or household use or consumption) in respect of any failure by us to comply with relevant Consumer Law Rights, our Liability is limited (at our discretion) to supplying the Services again or paying the cost of having the Services supplied again; and

(d) our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to AU$1,000.

10.3 You agree to indemnify, defend, and hold us harmless from any and all claims, liabilities, fines, costs, expenses, including internal investigation costs, arising from actual or alleged breaches of the Spam Act, Privacy Act, telecommunications laws, carrier or platform rules, our Acceptable Use Policy, or related regulations caused by or connected with your use of the Services, Your Data, your recipients, your messages, your integrations, or your business practices, and you shall be responsible for any incurred losses, damages, legal fees, and regulatory assessments.

11 — Termination

11.1 We may terminate these Terms (meaning you will lose access to our Services, including access to your Account) if: (a) we reasonably believe you have breached the terms of our Acceptable Use Policy, the Spam Act or Privacy Act; (b) you breach these Terms and do not remedy that breach within 14 days of us notifying you of that breach; (c) you breach these Terms and that breach cannot be remedied; or (d) you experience an insolvency event (including but not limited to bankruptcy, receivership, voluntary administration, liquidation, or entering into creditors’ schemes of arrangement).

11.2 You may terminate these Terms if: (a) we breach these Terms and do not remedy that breach within 14 days of you notifying us of that breach; or (b) we breach these Terms and that breach cannot be remedied.

11.3 You may also terminate these Terms at any time by notifying us through your Account or to our email for notices (as set out in clause 12.8), and termination will take effect immediately unless a later date is stated by you or required under an applicable Subscription Agreement.

11.4 Upon termination of these Terms, your access to the Services may end immediately and you are responsible for exporting any Your Data that you wish to retain before termination if export functionality is made available to you. Unless we expressly agree otherwise in writing, we are not required to maintain account access after termination. Subject to our Privacy Policy, legal obligations, security needs, abuse investigations, disputes, enforcement, unpaid amounts, and ordinary backup processes, we generally aim to begin deletion of customer content from active systems within 30 days after account closure or verified deletion request, and to allow residual encrypted backups to expire or be overwritten in the ordinary course within up to 90 days after that. We may retain, delete, or continue to store Your Data (including copies and backups) for longer where required or permitted by law, regulatory requirements, legitimate business purposes, or our standard backup, logging, fraud prevention, and security processes.

11.5 Termination of these Terms will not affect any other rights or liabilities that we or you may have.

12 — General

12.1 Assignment: You may not transfer or assign these Terms (including any benefits or obligations you have under these Terms) to any third party without our prior written consent. We may assign or transfer these Terms to a third party, or transfer any debt owed by you to us to a debt collector or other third party.

12.2 Disputes: Neither we nor you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) unless we and you first meet (in good faith) to resolve the Dispute. Nothing in this clause will operate to prevent us or you from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction. If the Dispute is not resolved at that initial meeting: (a) where you are resident or incorporated in Australia, refer the matter to mediation, administered by the Australian Disputes Centre in accordance with Australian Disputes Centre Guidelines for Commercial Mediation; or (b) where you are not resident or incorporated in Australia, refer the matter to arbitration administered by the Australian Centre for International Commercial Arbitration, with such arbitration to be conducted in Sydney, New South Wales, before one arbitrator, in English and in accordance with the ACICA Arbitration Rules.

12.3 Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations (including our Services), if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.

12.4 Governing law: These Terms are governed by the laws of New South Wales, and any matter relating to these Terms is to be determined exclusively by the courts in New South Wales and any courts entitled to hear appeals from those courts.

12.5 Illegal Requests: We reserve the right to refuse any request for or in relation to our Services that we deem inappropriate, unethical, unreasonable, illegal or otherwise non-compliant with these Terms.

12.6 Marketing: You agree that we may send you electronic communications about our products and services. You may opt-out at any time by using the unsubscribe function in our electronic communications.

12.7 Nature of Legal Relationship: These Terms do not create, and should not be interpreted so as to create, a partnership, joint venture, employment or agency relationship between us and you.

12.8 Notices: Any notice you send to us must be sent to support@bentonow.com. Any notice we send to you will be sent to the email address registered against your Account.

12.9 Publicity: You agree that, subject to your prior written consent, we may advertise or publicise the fact you are a customer of ours, for example on our website or in our promotional material, and you grant us a right to display and use your logo and branding solely for that purpose.

12.10 Survival: Clauses 4, 7 to 12, and any other provision which by its nature is intended to survive termination or expiry, will survive the termination or expiry of these Terms.

13 — Definitions

13.1 In these Terms:

Acceptable Use Policy means the Platform code of conduct policy available at https://bentonow.com/legal/acceptable-use-policy.

Account means an account accessible to the individual or entity who signed up to our Services.

API Terms means the terms that apply to access to and use of our APIs, developer tools, webhooks, and related credentials, as made available by us from time to time.

Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us any amounts for access to or use of our Services (including our Platform) will not constitute “Consequential Loss”.

Cookie Policy means the policy describing our use of cookies and similar technologies, available at https://bentonow.com/legal/cookies.

Government Requests Policy means the policy describing how we handle subpoenas, court orders, emergency requests, and similar legal process, available at https://bentonow.com/legal/government-requests.

Copyright Policy means the policy governing copyright or intellectual property complaints, available at https://bentonow.com/legal/copyright-policy.

Abuse Reporting page means the page describing how recipients, customers, and third parties can report spam, phishing, SMS abuse, infringing content, or other misuse of the Services, available at https://bentonow.com/legal/abuse-reporting.

Identified Contacts has the meaning given in clause 3.4.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or us or you or otherwise.

Personal Information means any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a tangible form or not.

Platform means our cloud-based platform, available at https://bentonow.com/.

Subscription Agreement means any separate subscription agreement, order form, checkout flow, plan terms, or other commercial terms accepted by you or made available by us for pricing, billing, usage limits, or subscription-specific features of the Services.

SMS Messaging Compliance Policy means the policy describing additional rules and compliance requirements for SMS, MMS, and similar mobile messaging sent through the Services, available at https://bentonow.com/legal/sms-messaging-policy.

Privacy Act means the Privacy Act 1988 (Cth) or equivalent privacy laws in the jurisdiction you conduct business in.

Services means the services we provide to you, as detailed in clause 2.1.

Spam Act means the Spam Act 2003 (Cth) or equivalent spam regulations in the jurisdiction you conduct business in.

Your Data means the information, materials, logos, documents, qualifications and other intellectual property or data supplied by you when receiving our Services or stored by or generated by your use of our Services, including any Personal Information collected, used, disclosed, stored or otherwise handled in connection with our Services. Your Data does not include any data or information that is generated as a result of your usage of our Services that is a back-end or internal output or an output otherwise generally not available to users of our Services.