Terms of Service
benza.gg
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SET FORTH IN SECTION 9 BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH BENZA.GG ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT.
1. Applicability and Acceptance of These Terms
This Terms of Service Agreement ("Agreement" or "Terms") is a legal agreement between you and benza.gg ("we", or "us").
By accessing or using the benza.gg app and its peer-to-peer voice chat services for gamers (collectively, the "Services"), you acknowledge that you have read, understood and agree to be bound by these Terms.
If you do not agree to these Terms, do not access or use any of the Services.
When using the Services, you will be subject to benza.gg's Community Guidelines and any additional rules posted (the "Rules"), all of which are incorporated into these Terms.
2. Use of the Services by Minors and Banned Persons
The Services are not available to, and shall not be accessed or used by, persons under the age of 18.
BY ACCESSING OR USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE.
The Services are also not available to any users previously blocked or otherwise banned from accessing or using the app.
3. Limited License to Use the Services
Subject to your compliance with these Terms, you are granted a limited, non-exclusive, revocable, non-transferable license to access and use the Services solely for your personal and non-commercial gaming use.
You agree that you will not:
- Breach any applicable laws, agreements with third parties, or our Terms.
- Use the Services for commercial purposes or in a manner that falsely implies benza.gg's endorsement.
- License, sell, distribute, or commercially exploit the Services.
- Copy, reproduce, or download the Services, in whole or in part.
- Use any robots, spiders, scrapers, or other automated means to access or collect data from the Services.
- Bypass or deactivate any technological measure implemented to protect the Services.
- Modify, decompile, disassemble or reverse engineer any of the app's software.
- Take any action that damages or adversely affects the proper functioning of the Services.
- Violate anyone else's rights or threaten harm to other gamers.
4. User Content and Conduct (Peer-to-Peer Voicechats)
The Services provide communication channels designed to enable gamers to communicate with other users via voicechat.
benza.gg does not exert any control over the individuals you interact with.
benza.gg has no obligation to monitor these communication channels but may, in its discretion, do so.
benza.gg may terminate or ban your access at any time, without notice, for any reason.
You acknowledge that any user content, including voice chats, is not created, endorsed, or controlled by benza.gg.
benza.gg will not under any circumstances be liable for any user content or activity within the app.
You are solely responsible for your interaction with other gamers you come in contact with through the Services.
5. Intellectual Property Rights
You acknowledge and agree that the Services, including all associated intellectual property rights, are the exclusive property of benza.gg and/or its licensors. You will not remove or alter any copyright, trademark, or proprietary rights notices accompanying the Services.
6. Assumption of Risk and Disclaimer of Warranties
Assumption of Risk: You acknowledge that use of the Services, including your interactions with other gamers, may carry inherent risk, and you choose to assume those risks voluntarily. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU FREELY ASSUME ALL RISKS OF ACCESSING OR USING THE SERVICES.
No Warranties: BENZA.GG PROVIDES THE SERVICES ON AN "AS IS" AND "WITH ALL FAULTS" BASIS, WITHOUT WARRANTY OF ANY KIND. Neither benza.gg nor its affiliates warrant that the Services will be uninterrupted, error-free, or fully secure.
Other Users: BENZA.GG HAS NO CONTROL OVER AND DISCLAIMS ANY GUARANTEES AS TO THE CONDUCT OF OTHER USERS OF THE SERVICES.
7. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU. In no event will benza.gg's aggregate liability arising out of these terms exceed one hundred U.S. dollars (U.S. $100.00). benza.gg will not be liable for any damages whatsoever arising out of the conduct, acts or omissions of any other third party, including other users of the app.
8. Indemnification
To the maximum extent permitted by applicable law, you agree to release, defend, indemnify, and hold benza.gg and its officers, directors, and employees harmless from any claims, damages, losses, and expenses (including reasonable attorney fees) arising out of your breach of these Terms, your use of the Services, or your interactions with other gamers.
9. Dispute Resolution: Agreement to Arbitrate
Agreement to Arbitrate: YOU AND BENZA.GG MUTUALLY AGREE THAT ANY DISPUTE ARISING OUT OF THESE TERMS WILL BE SETTLED BY BINDING INDIVIDUAL ARBITRATION.
Timing of Claims: Any claim or cause of action must be filed within one (1) year after it arose or be forever barred.
Pre-Arbitration Negotiation: You agree to provide benza.gg with notice of the dispute and negotiate in good faith prior to initiating a lawsuit or arbitration.
No Class Actions: WE ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT OR REPRESENTATIVE PROCEEDING.
10. Term, Termination, and Survival
This Agreement will remain in full force and effect while you use the Services. benza.gg may terminate this Agreement at any time without notice if we believe you have breached it. Provisions which by their nature should survive termination (such as ownership provisions, warranty disclaimers, and dispute resolution) shall survive termination.
11. General
- Privacy and Law Enforcement: benza.gg maintains a Privacy Policy describing data collection. We also comply with valid legal processes from law enforcement agencies.
- Feedback: Any feedback you submit to benza.gg will be considered non-confidential, and you grant us a perpetual, royalty-free license to use it without compensation.
- Third-Party Links: benza.gg is not responsible for the content, goods, or services of third-party sites linked within the app.
- Changes to Terms: benza.gg reserves the right to modify these Terms at any time. Continued use of the Services constitutes acceptance of the revised Terms.
- Governing Law: These Terms will be interpreted in accordance with the laws of the State of Oregon.
- Entire Agreement: This Agreement constitutes the entire agreement between benza.gg and you.
12. Gaming-Specific Rules and Conduct
12.1 Fair Play and Anti-Harassment
Benza.gg is designed to enhance the gaming experience. You agree to treat all other users with respect. The following behaviors are strictly prohibited and may result in an immediate and permanent ban:
- Toxicity and Hate Speech: Engaging in harassment, bullying, or using slurs based on race, gender, sexual orientation, religion, or disability.
- Stream Sniping and Griefing: Using the voice chat to coordinate the disruption of another user's gameplay or broadcasting their location/strategy without consent.
- Doxxing: Sharing the real-life personal information of another gamer via the P2P connection.
12.2 No Cheating or Exploitation
You may not use benza.gg to facilitate cheating in any third-party game. This includes:
- Using the voice chat to share exploits, hacks, or aimbots.
- Selling or trading in-game accounts, currency, or items via benza.gg communication channels.
12.3 Account Security
To maintain a fair matchmaking environment, users are encouraged to maintain only one benza.gg account. You are responsible for any activity that occurs through your P2P connection.
12.4 Recording and Streaming
If you are a streamer and wish to include benza.gg voice audio in your broadcast, you must comply with all local laws regarding recording. You acknowledge that other users may be able to hear that they are being recorded/streamed. Note: your IP address may be visible to the person you are chatting with, similar to many multiplayer game architectures.
12.5 Relationship with Game Developers
Benza.gg is an independent platform and is not affiliated with, endorsed by, or partnered with Valve, Riot Games, Blizzard, Epic Games, or any other game developer unless explicitly stated.