Terms of Service

These Terms of Service (the “Terms”) are an agreement between you and Bienvue Ltd., a Colorado limited liability company (“Bienvue”, “we”, “us”), of 1500 N Grant St Ste N, Denver, CO 80203, United States. They cover the Bienvue dashboard, the television apps, guide links, public guide pages, our websites at bienvue.com and bienvue.app (with their subdomains) and everything else we provide under the Bienvue name (the “Service”).

By creating an account or using the Service, you accept these Terms, our Data Processing Agreement and the policies they link to. If you accept them for a business, “you” means that business, and you confirm you are authorized to bind it.

1. Who may use Bienvue

Eligibility. You must be at least 18 years old and able to bind the business you register to use Bienvue. By creating an account, you represent that both are true.

Business use only. Bienvue is a tool for businesses: hosts, property managers, hotels and others who provide accommodations as part of a trade, business or profession. You confirm that you use the Service for that purpose and not as a consumer. Where the law of the country you live in still treats you as a consumer and gives you rights that a contract cannot take away, those rights apply and nothing in these Terms limits them. Because the Service is for business use, consumer cooling-off periods don’t apply; if one applies to you anyway, you ask us to start the Service immediately, and if you withdraw you owe the fees for the Service provided until then.

Guests. People who view a guide on a television, through a guide link or on a public guide page don’t need an account and are not parties to these Terms. You are responsible for the guides you give them.

2. Your account and your organization

Keep your account details accurate. You are responsible for keeping your credentials, two-factor methods, pairing codes and device tokens secure, and for everything done through your account. Tell us immediately at [email protected] if you suspect anyone has accessed your account or your paired screens.

Your account belongs to an organization, which is the customer under these Terms. Its owners manage billing and can add or remove other members. We may act on the instructions of an organization’s owners and admins, and you are responsible for what the members you invite do in the Service.

3. Plans, fees, renewal and cancellation

Free plan. The free plan covers one property, with the features and limits shown on our pricing page and in the dashboard. It costs nothing and has no end date, but we may change what it includes.

Paid plans. Paid plans are priced per home and per hotel room, billed in advance each month or each year, as you choose. Prices are shown before you pay and exclude taxes, which we add where we are required to collect them. Payments are processed by Stripe. You authorize us to charge the card on file for every amount due under these Terms, and you agree to keep a valid card on file while a paid plan is active.

Automatic renewal. A paid plan renews automatically at the end of each billing period for another period of the same length, and we charge the card on file the plan’s price at that time plus tax, until you cancel. Billing in the dashboard shows the next charge and its date.

Free trial. An organization’s first paid plan starts with a 14-day free trial. We ask for a card at the start and charge nothing during the trial. When the trial ends, the plan starts and your card is charged the amount shown at checkout, and then renews as above, unless you cancel before the trial ends. We email the organization’s owners a few days before the trial ends. Each organization and each card gets one free trial. If you check out with a card that has already had a trial in another organization, we cancel that checkout without charging you, and your plan does not start. To start it, check out again: there is no trial the second time, and your card is charged when you check out. Plans we arrange with you directly have no trial unless we say so.

Adding homes and rooms. Adding a home beyond those your plan pays for, or adding hotel rooms, is charged immediately for the rest of the current billing period, in proportion to the time remaining. We show you the amount and charge nothing until you agree. If that charge fails, nothing is added. During a trial, additions are free until the trial ends.

Removing a property. A property you remove is archived immediately and comes off your bill at your next renewal. There is no refund or credit for the rest of the current period. Archived properties are kept for two months, and you can restore archived properties during that time. Restoring a property may add to your bill, as described above. If you remove the last property your plan pays for, the plan ends at the end of the current period.

Monthly and yearly. Switching from monthly to yearly takes effect immediately: you are charged for the year, less a credit for the unused part of the current month. Switching from yearly to monthly takes effect at your next renewal.

Canceling. An owner can cancel a paid plan at any time from Billing in the dashboard. Canceling stops the next renewal: nothing more is charged, and the plan and your screens keep working until the end of the period you have paid for. You can undo a cancellation until then. When a paid plan ends, your properties are archived and your screens stop showing your guide. For two months you can pay for a plan again to restore everything as it was, or keep one property on the free plan. Archived properties you don’t restore are deleted after two months. You can download a copy of any property’s guide and photos from Settings before you go.

Refunds. Fees are not refundable, and there are no refunds or credits for part of a billing period, except that we will refund: any amount we charged by mistake, such as a duplicate charge; prepaid fees for the unused part of a period when we end the Service or your account for any reason other than your breach of these Terms; prepaid fees as described in sections 11 and 17; and anything else the law requires. To request a refund, write to [email protected].

Failed payments. If a renewal payment fails, Stripe tries the card again. Your screens and guides keep working for 30 days from the first failure, but the dashboard is limited to billing until the payment goes through. We email the owners a week before those 30 days end. If the payment still hasn’t gone through by then, the plan ends as described under Canceling.

Price changes. We may change our prices. We will email the organization’s owners at least 30 days before a new price applies to an existing plan, and it applies from the first renewal after that notice period. If you don’t want to pay the new price, cancel before that renewal.

Taxes. You are responsible for taxes on your purchases other than taxes on our income. If you give us a valid VAT or other tax identification number, we apply any reverse charge or exemption the law allows.

4. Your content

You own it. Everything you or your members put into Bienvue — property details, Wi-Fi and access instructions, house rules, recommendations, photos, logos and other material (“Your Content”) — stays yours.

What you allow us to do with it. You grant us a worldwide, non-exclusive, royalty-free license, for as long as we host Your Content and through the deletion periods in our Privacy Policy, to host, store, copy, back up, resize and re-encode, format, display and transmit Your Content, to deliver it to your screens, guide links and public guide pages and to the people you share them with, and otherwise as needed to provide, secure and support the Service and as you direct. We don’t sell Your Content or use it to advertise. We will show a guide as an example of Bienvue only if you give us permission.

Your responsibility for it. You are responsible for Your Content and for the guides you publish. You confirm that you have every right, license and permission Your Content needs, including the permission of anyone who appears in a photo; that it is accurate and kept up to date, including Wi-Fi details, access codes and emergency information; and that publishing it complies with the law, including the laws that apply to your accommodations business and to the personal data it contains. A public guide page is public: anyone with its address can read it, and search engines may index it. Choose what you make public with that in mind.

Place photos are shared. A photo you upload to a place card — a café, park or other place near your property, rather than your property itself — is a “Place Photo”. Place Photos are shared: other Bienvue customers with a card for the same place can choose them for their own guides, credited to you by the name you give when you upload. You keep ownership of your Place Photos. For each one, you grant us a worldwide, non-exclusive, royalty-free license, for as long as copyright in it lasts, to host, store, copy, resize and re-encode, display and transmit it with your credit, and to sublicense those rights to other Bienvue customers for their guides and to the people they share their guides with. Photos you add to your property, and everything else in your media library, are never shared this way.

What you promise about Place Photos. You promise that you took each Place Photo yourself or own its copyright; that no one in it can be recognized unless they have agreed to appear in it; and that it doesn’t show the inside of a home or any other place the public can’t go.

Removing a Place Photo. If you remove a Place Photo, or your account or organization is deleted, other customers can no longer choose it, but guides that already use it keep it, credited to you, under the license above. You can ask us at [email protected] to replace your name in its credit with “a Bienvue host”. We remove a Place Photo from every guide that uses it when we must under sections 6 and 7, or when it breaks this section.

Feedback. If you send us suggestions, we may use them without any obligation to you.

5. Acceptable use

You agree not to use Bienvue to:

• Distribute unlawful, harmful, defamatory, deceptive, or infringing content;
• Attempt to track, de-anonymize, or profile guests viewing in-room television screens;
• Use a guide to collect information from guests;
• Include a child’s personal information in a guide without a parent or guardian’s permission;
• Disrupt, compromise, probe, or bypass the security of our services, APIs, or devices;
• Infringe anyone’s intellectual property, privacy or publicity rights;
• Send spam, or distribute malware or links to it;
• Misrepresent a property, or discriminate unlawfully against guests;
• Scrape the Service, or use it to build a competing product;
• Resell or sublicense the Service unless we have agreed to it in writing.

Security research carried out in good faith under our security policy does not violate this section.

6. Content moderation and reporting illegal content

We don’t review guides before they are published and we don’t monitor them. We act on reports we receive and content we come across.

What we may do. If we have good reason to believe that content is illegal or violates these Terms, or we are ordered to act by a court or authority, we may remove it, disable access to it, stop a public guide page or guide link from being shown, stop delivering a guide to screens, or suspend or close the account. We choose the narrowest step that deals with the problem. Decisions are made by people; we don’t use automated tools to find or decide on content.

Reporting content. Anyone can report content they believe is illegal, including under the EU Digital Services Act, by following the steps on our copyright and illegal content page. We confirm we received a report, decide on it promptly, carefully and objectively, and tell the person who reported it what we decided and how they can challenge it. Where content suggests that someone’s life or safety is at risk, we inform the police or other competent authorities.

Statement of reasons. If we restrict Your Content or your account, we tell you, unless the law forbids it: what we restricted and for how long; the facts and circumstances we relied on, including whether we acted on a report or an order; the law or the section of these Terms the decision rests on; and how you can challenge it. You can ask us to reconsider any decision by replying to our message or writing to [email protected], and a person who was not involved in the original decision will review it. You can also go to court.

Point of contact. Our single point of contact for users, for authorities of the EU member states, the European Commission and the European Board for Digital Services, and for anyone else about content on Bienvue is [email protected]. Write to us in English.

7. Copyright and repeat infringers

We respond to notices of claimed copyright infringement under the U.S. Digital Millennium Copyright Act, as set out on our copyright page, which also explains how to send a counter-notice. In appropriate circumstances we close the accounts of users who repeatedly infringe. As our policy, we close an account that has had content removed after three valid infringement notices within 12 months, unless a counter-notice for that content succeeded, and we may close an account sooner for a clear or serious infringement.

8. Not an emergency or warning service

Bienvue is not an emergency service or a warning system. Guides can show weather alerts from the U.S. National Weather Service and emergency numbers or instructions the host enters. Those alerts pass through the National Weather Service’s feed, our servers and a television that may be offline or turned off, so they may be late, incomplete, missing or inaccurate. Emergency numbers and instructions are written by the host, and we don’t check them. Never rely on Bienvue for your or anyone else’s safety. In an emergency, call your local emergency number (for example 911 in the United States or 112 in the European Union) and follow official warnings and instructions. Hosts remain responsible for the safety information and equipment the law requires at their properties.

9. Third-party services

Parts of Bienvue work with services other companies provide, such as Stripe for payments, Google and Apple for sign-in, and Roku and other television platforms. Your use of those services is governed by their own terms, and we are not responsible for them or for their availability.

Google Maps. Bienvue includes Google Maps features and content. Use of Google Maps features and content is subject to the then-current versions of the Google Maps End User Additional Terms of Service at maps.google.com/help/terms_maps and the Google Privacy Policy at policies.google.com/privacy.

10. Privacy and data processing

Our Privacy Policy explains how we handle personal data for which we are the controller. Where we process personal data in Your Content on your behalf, we do so as your processor or service provider under our Data Processing Agreement, which is incorporated into these Terms without needing to be signed. It includes the European Commission’s Standard Contractual Clauses, the UK Addendum, Swiss terms and California service-provider terms. You are responsible for having a lawful basis for the personal data you put in your guides and for informing the individuals concerned.

11. Changes to the Service

We keep improving Bienvue, so features change: we may add, change or remove them. We don’t promise any particular level of availability. Our television apps keep the last guide they received and continue showing it through short outages of your internet connection or ours, but we can’t guarantee it. If we remove a feature that is a material part of a paid plan, or stop providing the Service altogether, we will tell you at least 60 days in advance where practicable and refund prepaid fees for the unused part of your billing period. Features we label as beta or preview are provided “as is” and may change or end without notice.

12. Sanctions and export controls

You represent that you, your organization and its owners are not located in, organized under the laws of, or ordinarily resident in a country or region subject to comprehensive U.S. sanctions (currently Cuba, Iran, North Korea, and the Crimea, so-called Donetsk People’s Republic and so-called Luhansk People’s Republic regions of Ukraine); that none of you is on, or owned or controlled by anyone on, a U.S. government list of restricted parties, such as the Specially Designated Nationals and Blocked Persons List; and that you won’t use, export or give access to the Service in violation of U.S. sanctions or export laws. The list of sanctioned places changes; the U.S. government’s current list governs. We may refuse, suspend or terminate an account to comply with these laws.

13. Suspension and termination

By you. You can stop using Bienvue at any time. Cancel a paid plan from Billing, and delete your organization or account from Settings; deleted organizations and accounts can be restored for 30 days and are then permanently removed.

By us. We may suspend all or part of your access immediately if needed to protect the Service, other customers or guests; if the law or an authority requires it; for content under section 6; or for non-payment under section 3. We will tell you why and, where practicable, give you a chance to fix the problem first. We may terminate these Terms and close your account if you materially breach them and don’t fix it within 15 days of our notice, or immediately for a serious or repeated breach, including under sections 5, 7 and 12. We may also terminate these Terms for any other reason with at least 60 days’ notice, refunding prepaid fees for the unused part of your billing period.

Effect of termination. When your account ends, your right to use the Service ends, and we delete Your Content as described in our Privacy Policy and Data Processing Agreement. Unless the law or an order prevents it, you can download a copy of your guides from Settings until then. Sections 3 (for amounts owed and refunds), 4, 8, 14 to 16, 17 and 19 continue to apply after these Terms end.

14. Disclaimer of warranties

To the extent the law allows, the Service is provided “as is” and “as available”. We and our suppliers make no warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranty arising from a course of dealing or usage of trade. We don’t warrant that the Service will be uninterrupted, timely, secure or free of errors, that alerts or other information shown in it will be accurate or complete, or that it will work with every television, device or network.

15. Limitation of liability

To the extent the law allows, neither we nor our suppliers will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, bookings, goodwill or data, however caused and even if we were advised of their possibility. Our total liability for all claims arising out of or relating to these Terms or the Service is limited to the greater of the fees you paid us for the Service in the 12 months before the event that gave rise to the liability, and US$100.

These limits do not apply to your obligation to pay fees, to your obligations under section 16, or to liability for fraud, gross negligence or willful misconduct, or for death or personal injury caused by negligence, or to any other liability the law does not allow to be limited or excluded. They apply even if a remedy fails of its essential purpose.

16. Your indemnity

You will defend, indemnify and hold harmless Bienvue Ltd. and its members, officers, employees and agents from and against any third-party claim, and the resulting losses, damages, fines, costs and reasonable attorneys’ fees, arising out of Your Content, your properties and your guests’ stays, or your breach of these Terms or of the law. We will notify you promptly of any such claim, let you control its defense and settlement (though you may not settle a claim in a way that admits fault on our part or binds us to act without our consent), and provide reasonable assistance at your expense.

17. Changes to these Terms

We may change these Terms. The date at the top shows when they last changed. For a material change, we will email the owners of every organization, and every account holder, at least 30 days before it takes effect where practicable, with the date it takes effect and a summary of what changed. We may make a change sooner where the law requires it or it concerns a new feature. Other changes take effect when we post them here. If you continue to use the Service after a change takes effect, you accept the changed Terms. If you don’t accept a change, stop using the Service and cancel before it takes effect; if the change materially reduces your rights and you cancel for that reason, we will refund prepaid fees for the unused part of your billing period.

18. Governing law and disputes

These Terms and any dispute arising out of or relating to them or the Service, whether in contract, tort or otherwise, are governed by the laws of the State of Colorado, United States, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

The state and federal courts located in the City and County of Denver, Colorado have exclusive jurisdiction over any such dispute, and you and we each consent to their personal jurisdiction and venue. However, either of us may bring a claim within its limits in a small-claims court that has jurisdiction, and either of us may seek an injunction in any competent court to protect its intellectual property or the security of the Service. There is no arbitration under these Terms.

If you are treated as a consumer where you live, this section does not take away the protection of that country’s mandatory laws or your right to bring legal action in its courts.

19. General

• Entire agreement. These Terms, the Data Processing Agreement and any written offer or order we enter into with you are the entire agreement between us about the Service, and replace any earlier understanding. If they conflict, the Data Processing Agreement governs personal data, an agreed offer or order governs its prices and quantities, and these Terms govern everything else.
• Assignment. You may not transfer these Terms without our written consent, except to a successor to all or substantially all of your business, with notice to us. We may transfer them to an affiliate or to a successor to our business, with notice to you.
• Severability. If any part of these Terms is found unenforceable, it is enforced to the fullest extent possible and the rest remain in effect.
• No waiver. Not enforcing a part of these Terms is not a waiver of our right to enforce it later.
• Force majeure. Neither of us is liable for a failure or delay caused by events beyond its reasonable control, such as natural disasters, war, terrorism, riots, government action, labor disputes, or failures of utilities, internet providers or hosting providers. This does not excuse paying fees that are due.
• Notices. We send notices to the email addresses of your organization’s owners or through the dashboard, and they are received when sent. Send legal notices to us at [email protected], and service of legal process to Bienvue Ltd., 1500 N Grant St Ste N, Denver, CO 80203, United States.
• Relationship. We are independent contractors. These Terms create no partnership, agency or employment, and no rights for anyone other than you and us.
• Language. These Terms are written in English, and the English version governs over any translation.

Contact

Bienvue Ltd., 1500 N Grant St Ste N, Denver, CO 80203, United States. Questions about these Terms: [email protected]. Support and billing: [email protected]. Privacy: [email protected].