By accessing or using the Hey Bento website, the Hey Bento service or any applications (including mobile applications) made available by Hey Bento (together, the ”Service”), however accessed, you (the “User”) agree to be bound by these terms of use (”Terms of Use”). The Service is owned or controlled by Hey Bento ApS, Company Register Number 37151416, Soender Boulevard 47, 4. tv., 1720 Copenhagen V, Denmark ("Hey Bento").

  1. SCOPE
    1. These Terms of Use constitute the sole legal basis for User to access and use the Service.
    2. The use of the Service may also be subject to other terms and conditions for third party distribution platforms and storage suppliers, such as iTunes, Google Play, Google Drive, DropBox, iCloud, OneDrive and Box (“Partner Companies"). Once the User’s pictures are stored with Partner Companies, the Partner Companies are solely responsible for such services, and consequently subject to their terms and conditions.
    3. Hey Bento reserves the right, in our sole discretion, to change these Terms of Use from time to time. Unless Hey Bento makes a change for legal or administrative reasons, Hey Bento will provide reasonable notice before the updated Terms of Use become effective. The User agrees that Hey Bento may notify the User of the updated Terms of Use by posting them on the Service, and that the User’s use of the Service after the effective date of the updated Terms of Use constitutes the User’s consent and agreement to the updates Terms of Use.
    4. The Terms of Use will be available on the Hey Bento website and mobile application for Users to read at their convenience.
  2. BETA-VERSION
    1. The User is made aware and acknowledges that this is a beta-version of the Service, which may entail to missing features, below average performance and usability.
    2. The User may report any and all faulty performance and suggestions to Hey Bento via the mobile app or email at support@heybento.com. The User acknowledges that any and all suggestions, notifications or other communication in relation to the test of the beta-version is given to Hey Bento without any compensation and does not entitle the User to any rights or claims against Hey Bento for such contributions.
  3. GENERAL CONDITIONS
    1. Hey Bento reserves the right to refuse access to the Service to anyone for any reason at any time.
    2. Although it is Hey Bento’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including without limitation, for scheduled maintenance or upgrades, updates from third party distribution platforms and storage suppliers, for emergency repairs, or due to failure of telecommunications links and/or equipment.
    3. Hey Bento reserves the right to modify or terminate the Service or the User’s access to the Service for any reason, without notice, at any time, and without liability to the User. The User can deactivate their Hey Bento account by logging into the Service and completing the form available. If Hey Bento terminates the User’s access to the Service or the User uses the form detailed above to deactivate the account, the User’s photos will not be accessible through the Service but will remain in the separate and independent storage service used.
    4. Upon termination, all licenses and other rights granted to out in these Terms of Use will cease immediately.
    5. The User agrees that the User is responsible for all data charges and storage plan fees from the corresponding storage suppliers the User incurs through the use of the Service.
  4. RIGHTS OF THE USER
    1. Hey Bento grants the User a personal, non-exclusive, non-transferable, non-sublicensable, perpetual, worldwide license to use the Hey Bento mobile application and the related Service in accordance with these Terms of Use. The license does not grant the User any rights or claims to the source code of the Service.
    2. The User may not lease the Service to any third party or otherwise make the Service temporarily accessible to any third party with or without any fee.
    3. Bento does not claim ownership of any photos organized or shared through the Service.
    4. All rights not expressly granted to the User in these Terms of Use, are reserved by Hey Bento.
  5. DUTIES OF THE USER
    1. The User may not use the Service for any illegal or unauthorized purpose. The User agrees and acknowledges that any and all files uploaded or transferred by the Service shall be the User’s sole responsibility and shall comply with all laws, rules and regulations applicable to the use of the Service and not infringe or violate the rights of any other party, shall not contribute to or otherwise encourage unlawful conduct, or otherwise be obscene, objectionable or in poor taste.
    2. The User is responsible for any activity that occurs through the User’s account and the User represents that all information the User provides or provided to Hey Bento upon registration and at all times will be true, accurate, current and complete and the User agrees to update the information as necessary to maintain its truth and accuracy.
    3. The User is responsible for keeping the password secret and secure.
    4. he User must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply it is associated with the Service or Hey Bento.
    5. The User must not interfere or disrupt the Service or servers or network connected to the Service including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. The User may not inject content or code or otherwise alter or interfere with the way any Hey Bento page is rendered or displayed in a User’s browser or device.
    6. The User must not create an account with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
    7. The User must not attempt to restrict another User from using or enjoying the Service and the User must not encourage or facilitate violations of these Terms of Use or any other Hey Bento terms.
    8. Violation of these Terms of Use may, in Hey Bento’s sole discretion, result in termination of the User’s Hey Bento account. If the User violates the letter or the spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Hey Bento, Hey Bento can stop providing all or part of the Service to the User.
  6. PRIVACY
    1. Hey Bento shall treat all information regarding the User’s person and the use of Hey Bento ("Personal Data") as confidential and shall process and use Personal Data solely in accordance with the legal provisions in effect. You will find additional information on how Hey Bento uses the User’s Personal Data in our Privacy Policy.
  7. INDEMNIFICATION
    1. The User holds Hey Bento harmless from any and all claims, that other Users or third parties bring against Hey Bento based on the violation of their rights by the content organised or uploaded by the User through the Service. The User shall assume all reasonable costs, including costs for legal assistance.
  8. DISCLAIMER OF WARRANTY
    1. Hey Bento does not warrant that the Service has the characteristics and functionalities set forth in the product description on the relevant distribution platform during the beta-phase as described in item 2.
    2. The User does not have any warranty claims based on errors the User has caused by damaging or incorrectly operating the Service. Further, the User does not have any claims if the User or a third party has modified the Service, except if the User can prove that the defect was already present in the unmodified Service as provided by Hey Bento.
  9. LIMITATION OF LIABILITY
    1. Hey Bento is only liable for damages, where the User can document a financial loss and not liable for consequential losses, secondary damages or other indirect losses. Loss of data and images will be considered an indirect loss. The limitation of liability will not apply if the loss can be attributed to gross negligence or intentional actions from Hey Bento.
  10. TERRITORIAL RESTRICTIONS
    1. The Service is not permitted by any person or entity in any jurisdiction or country where the Service would be contrary to law or regulation or which would subject Hey Bento to any registration requirement within such jurisdiction or country. Hey Bento reserves the right to limit the availability of the Service of any portion thereof, to any person, geographic area, or jurisdiction, at any time and in Hey Bento’s sole discretion, and to limit the quantities of any program, product, service or other feature that Hey Bento provides.
  11. GOVERNING LAW AND VENUE
    1. The laws of Denmark shall govern these Terms of Use and any legal dispute arising out of or relating to these Terms of Use excluding the UN Convention on Contracts for the International Sale of Goods.
    2. The venue for any and all claims arising out of these Terms of Use and the use of the Service brought by a User is the Copenhagen City Court, Denmark.