Beneat User Terms of Service

By using the Beneat Service, you agree to be bound by these User Terms of Service ("Terms of Service") as well as with any additions, revisions, and amendments to these Terms of Service. If you do not agree with these Terms of Service or do not wish to be bound by them, do not use the Beneat Service.

An integral part of these Terms of Service are the Privacy Policies, which are available at https://thebeneat.com/privacy-policy.

Please read the following Terms of Service carefully before using the Beneat Service. If you do not agree with the Terms of Service, you cannot use the Beneat Service. These Terms of Service apply to any use of the Beneat Service and orders and purchase agreements made hereunder. A more detailed description of the Beneat Service and information on system requirements are available at https://thebeneat.com.

The Terms of Service are concluded between us and the User only, and not with Apple Inc., and Apple Inc. is not responsible for the Beneat App or the content thereof. You agree that Apple Inc., and Apple Inc.'s subsidiaries ("Apple"), are third-party beneficiaries of the Terms of Service, and that, upon your acceptance of the Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Service against you as a third party beneficiary thereof.

If any part of the Terms of Service contradicts what was mutually agreed upon when making an Order, such mutually agreed upon arrangement will take precedence over the Terms of Service.

If any court or other regulator determines that any provision of these Terms of Service is invalid or otherwise unenforceable, such provision(s) shall be severed from these Terms of Service and the remainder of the Terms of Service shall remain in full force and effect.

1. Definitions

"Partner" means a service provider, wellness centre, beauty centre or other service partner who has signed a partner agreement with Beneat, or their substitute, and who, as a seller offers its products and delivery or other services for sale through the Beneat Service. Unless otherwise specified in the Beneat Service, all Partners are sellers within the meaning of consumer protection laws of the Czech Republic.

"Service" means a specific service or product provided by the Partner to the Users.

"Partner Content" means the content uploaded by the Partner to the Beneat Service in relation to the Service. Partner Content typically includes the price, description of the Services, and photographs. Beneat assumes no liability for the Partner Content.

"Order" means a request submitted by the User through the Beneat Service for the purchase of Service from a Partner, subject to the Partner's acceptance.

"Purchase Agreement" means an agreement for the purchase of a Service made on an Order. With respect to Orders placed through any other payment method of the User, the Purchase Agreement forms a binding agreement between the Partner and the User.

"User" or "you" means a natural person using the Beneat Service.

"Beneat" means Beneat s. r. o., registered seat at Italská 2581/67, 120 00 Praha 2 – Vinohrady, Czech Republic, Business ID No. 22501347, registered in the Commercial Register of the Municipal Court in Prague, under C 417527.

"Beneat App" means a digital application called Beneat provided by Beneat for Users to order Services.

"Beneat Service" means both Beneat App and Beneat website and other additional locations as mentioned at thebeneat.com owned and operated by Beneat.

2. Identity of Beneat

Beneat s. r. o.

• Registered seat: Italská 2581/67, 120 00 Praha 2 – Vinohrady, Czech Republic
• Business ID No.: 22501347
• Registered in: Commercial Register of the Municipal Court in Prague under C 417527
• Tax ID No.: CZ22501347
• Trade name: Beneat s.r.o.
• Email address: support@thebeneat.com

Information about the identity of the Partners and Services are provided in the Beneat Service.

3. Description of the Beneat Service

3.1 Platform Nature

Beneat provides a technology platform that connects Users and Partners. Beneat's technology permits the Users to place Orders for Services from various Partners. Beneat is not providing itself any Services.

3.2 Partner Information

The Partner provides information about their services in the Beneat Service, including but not limited to information on service characteristics, product characteristics, instructions, and other relevant details. If you have specific concerns, such as allergies, or health conditions, or wish to receive more detailed information about the services, please contact the relevant Partner. You can also contact Beneat's customer support, who can reach out to the Partner on your behalf for such inquiries. The Partner is responsible for providing accurate, up-to-date, and legally required information about the services or products, including information on applicable prices and indicating the price per unit where required under applicable laws. Please note that the sale and purchase of the Services may be subject to additional terms and conditions of the Partner or Beneat on a case-by-case basis as set out in the Beneat Service.

3.3 Partner Requirements

Some Partners may require Users to complete a survey or provide additional information before accepting a request. Based on the responses provided, the Partner may accept or reject the User's request. This process will be communicated through the Beneat Service prior to placing an Order.

3.4 Service Selection Process

Upon uploading the Partner Content onto the Beneat Service, the Partner offers the Services to Users via the Beneat Service. The User selects a Partner from the Beneat Service, whose Service is offered on the Beneat Service they intend to use. After selecting a specific Service, the User is redirected to the specific Beneat Service pages of the respective Partner. The Partner is responsible for ensuring that the parameters of the Service listed in the Beneat Service match the parameters of the offer listed on the Beneat Service of the respective Partner. From the moment the User is redirected to the specific Beneat Service pages of the respective Partner, the Partner is responsible for duly providing all information that must be made available to the User before concluding the Purchase Agreement for the provision of the Service via remote communication, in accordance with the Act no. 89/2012 Coll., the Civil Code, and related consumer protection regulations. Beneat is not liable for any invalidity of the contract for the provision of the Service, for the failure to deliver or provide the Service under the Purchase Agreement, or for any defects in the Service.

3.5 Order Processing

When a User places an Order, Beneat notifies the Partner about the request. The Partner decides whether to accept or reject the order, and the User is notified accordingly. Orders may also be automatically accepted if the Partner has enabled this option in their settings. For the avoidance of doubt, Beneat does not provide any delivery services; Partners are responsible for performing services or packing, sending, or selling goods individually.

3.6 Service Performance

The Partner selected by the User will perform the Service specified in the Order. Beneat is not responsible or liable to the User for the proper execution of the Purchase Agreement by the Partner. Any disputes or concerns regarding the Partner's performance must be addressed directly with the Partner.

3.7 Order Requirements and Restrictions

When you use the Beneat Service, there may be a minimum value for purchase required, in which case you will be notified thereof before you make the Order on the Beneat Service. Where an Order fails to meet the minimum required value, you will have the possibility to pay the difference to meet the minimum value or to add more services to your Order. The Partner determines in its sole discretion the selection and pricing of their services available in the Beneat Service. The Partner may also impose certain restrictions on your Order, such as quantity limits and size limitations of the Order. The Partner is responsible for informing you of any limitation relating to the availability of any services. User accepts that in case a certain service is temporarily unavailable, the Partner will fulfill the remaining part of your Order without including the unavailable service in the Order. You will not be charged for services that are unavailable at the time of placing the Order.

3.8 Recurring Appointments

Users may have the option to set up recurring appointments for ongoing services, as offered by certain Partners. Recurring appointments will be billed at the end of each calendar month unless otherwise specified by the Partner or explicitly agreed upon during the setup of the recurring arrangement.

3.9 Communication Costs

The costs incurred by the User when using remote communication means in connection with the conclusion of any contract under these Terms of Service (such as internet connection fees or telephone call charges) shall be borne solely by the User.

3.10 Partner Responsibility

The Partner is solely and fully responsible for any damage, claims, and complaints from the User related to the Service. Beneat assumes no liability in connection with the provision of the Beneat Service for the relationship between the Partner and the User.

4. Cancellations

Except as otherwise indicated before completing a booking, the User has the right to cancel a Service and receive a full refund if the cancellation is made at least 12 hours before the confirmed time of the Service. Some bookings may have different deadlines for cancellations with the right to receive a refund, or may not be refundable at all.

The cancellation can be made in the User's Account or by email sent to Beneat. Other ways of cancellation, in particular cancellation by phone is not acceptable. If applicable, the Partner will refund the User the full paid price for a canceled booking within 14 days from the cancellation.

User Cancellation Restrictions

The User is not entitled to any refund if:

1. The User cancels the Service less than 12 hours before the confirmed time of the Services to be provided (or other applicable deadline indicated at the booking)
2. The User does not use the Service (unless the Service was not available due to the fault of the Partner or Beneat as described below or unless required by applicable mandatory law)
3. The User selected a non-refundable booking

In any of the before-mentioned scenarios where the User does not use the Services and is not entitled to a refund if the Service was expected to be paid in cash, the User must pay the full fee for the booked Service immediately upon a payment request made by Beneat on behalf of Partner.

Cancellation by Partner

User must be at the agreed place where the Services shall be provided at the agreed time. If the User is not at such time at the agreed place (no matter whether it is because they do not appear or for other reasons), the Partner may cancel the Service without any right to claim for a refund by the User. The Partner may also cancel the Service at any time for non-compliance with these Terms, without any right to claim a refund by the User. If such Service was expected to be paid in cash, the User must pay the full fee for the booked Service immediately upon a payment request made by the Partner or by Beneat on behalf of Partner.

Mandatory Cancellation Right

Any User using the Platform as a consumer for private use may cancel the booking and the agreement on the Service within 14 days from the Booking Confirmation by email sent to [support@thebeneat.com]. This does not apply if the User instructs the Partner to provide the Service already within that 14-day period. If the User rightfully cancels the Service, the Partner will refund the User the full paid price for such canceled Service within 14 days from the cancellation.

5. Booking and Other Fees

Beneat charges Users a booking fee for each appointment booked in order to cover the operational costs of providing a smooth booking experience. User agrees to pay the applicable fees listed in the Fee Schedule available at [link to be provided]. Subject to the terms of these Terms of Service, we reserve the right to change our Fees immediately upon notice. You must agree to the change in Fees to continue to use the Services.

If you cancel your appointment, the booking fee is not refunded.

Professionals may require you to provide a card or other payment information. If you cancel or don't show up for an appointment, your card may still be charged in accordance with the cancellation policy hereof.

The User agrees to use a payment services provider per Beneat's instruction in order to collect payment from the User for the Services (Payment Processor). The payment is processed in the currency stated in the booking confirmation.

To process payment from User to Partner, Beneat uses several payment services providers worldwide. By making payment via the Platform, the User agrees to the relevant terms and conditions of the payment services provider, to the extent applicable, including: [link to Stripe terms]

In exceptional cases where such collection is not practicable, or where the User opts for cash payment, the Partner shall collect the payment in cash directly from the User.

Beneat does not provide any Services. Beneat is not a payment services provider.

6. User Accounts

6.1 License Grant

You have a limited, non-exclusive, non-transferable, and non-sublicensable right to use the Beneat Service in the form offered to you by us from time to time solely for the purposes set out herein. The license granted to the User for any Beneat App downloaded from the relevant platform is further limited to a license to use the app on any compatible devices that you own or control, as permitted by the app store's usage rules and these Terms of Service.

6.2 Account Creation

To use the Beneat Service, the User must create a user account by following the registration instructions (User Account). The user account credentials are personal. The User must ensure that their credentials and any information required for account access are kept confidential and secure, not accessible by third parties. A User may have only one personal User account.

6.3 Security Responsibility

If it is suspected that an unauthorized person has gained access to the User account credentials, the User must immediately notify Beneat. The User is responsible for all activities carried out under their User account.

6.4 Payment Information

To use the Beneat Service, you must submit valid payment information. Beneat does not store your payment information; it is handled by a third-party payment provider. You agree to pay for all purchases made through the Beneat Service, except for purchases made through any organization-specific features at the organization's expense. You must keep your payment details up to date in your user account.

7. Payments

7.1 Payment Obligation

The User will pay the purchase price set out in the Order by using the relevant payment functionality of the Beneat Service. Beneat, or a third-party provider authorized by Beneat, collects all payments from the Users on behalf of the Partner. Payment obligation arises upon placing the Order through the Beneat Service.

7.2 Payment Methods

The User may fulfill this payment obligation only by using the relevant online payment method provided in the Beneat Service. When the User has paid the purchase price to Beneat, the User has fulfilled its payment obligation towards the Partner.

7.3 Automatic Charging

The payment will be automatically charged from the User's credit card or other payment method upon the placement of the Order. Beneat is entitled to make an authorization hold on behalf of the Partner on the User's credit card or payment method once the Order has been placed through the Beneat Service. Beneat uses a third-party payment service provider for processing payments.

7.4 Currency Fluctuations

In certain situations and payment methods, the purchase price may vary slightly due to foreign exchange rate fluctuations as part of the payment process. Beneat assumes no liability for currency conversion differences and cannot predict the exact amount to be charged when using payment instruments subject to foreign exchange rate conversions.

7.5 Cash Payments

Cash may be an additional payment method available in certain regions. Refunds for cash orders will be made in Beneat credits or via another appropriate or legally required method. If the User who made a cash order is not in the agreed location at the agreed time or 5 minutes thereafter, Beneat's customer support will contact the User to arrange payment. If customer support cannot reach the User within 24 hours of the no-show, Beneat may take appropriate measures, which could include disabling the cash payment option for the User.

7.6 Weight-Based Products

For weight-based products, the final price will be determined based on the actual weight once weighed by the Partner. Any price per product shown on the Beneat Service is only an estimate. To cover potential price adjustments caused by weight variations, Beneat may place a temporary authorization hold on your card. The amount of this hold will be at a maximum of 20% of the value of weight-based products included in your Order. Differences in price will be adjusted accordingly, and refunds will be made if the product weighs less than indicated. If the product weighs more, the price difference will be charged.

8. Beneat Credits and Tokens

8.1 Referral Program

The Users can obtain Beneat credits or tokens e.g. by inviting new users to sign up to the Beneat Service (Referral Program). Under the Referral Program, Beneat may offer its Users the opportunity to earn the opportunity to earn Beneat credits or tokens as promotional rewards by inviting their eligible friends to register as new Beneat Users and place their initial order through the Beneat Service. For each qualified referral, the User may receive credits or tokens as specified on Beneat Referral Program Terms. You agree that Beneat may change the Beneat Referral Program Terms or terminate the Referral Program at any time.

8.2 Promotional Campaigns

The Users of Beneat Service can also obtain Beneat credits or tokens through promotional campaigns established by Beneat from time to time. You agree that promotional offers: (i) may only be used by the intended audience, for the intended purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by Beneat; (iii) are subject to the specific terms that Beneat establishes for such promotion or campaign. For instance, promotional offers may be available for certain Users only or may be limited to be used through specific Partners or at a specific time of the day.

8.3 Terms and Conditions

Beneat may unilaterally determine the conditions applicable to the granting, use and validity of the Beneat credits and tokens.

8.4 One-Time Use

Any signing-up bonus credits or tokens can be used only once.

8.5 Usage and Expiration

The Users can use Beneat credits and tokens to get discounts on their purchases only in the Beneat Service and subject to the specific terms of conditions of the specific campaign or promotion. Beneat credits and tokens cannot be exchanged for cash. The validity period of the Beneat credits and tokens you may have received is specified in the Beneat Service. Upon expiration, credits and tokens will be removed from your account. Expired credits and tokens are no longer redeemable and cannot be used towards any order.

8.6 Abuse Prevention

The Beneat credits and tokens will be nullified if Beneat detects any abuse of Beneat credits or tokens or suspects or detects that Beneat credits or tokens have been granted on incorrect grounds. In such cases, Beneat shall invoice the amount that was paid using such Beneat credits or tokens.

9. Order Fulfillment and Notification

9.1 Order Processing

When the User places an Order through the Beneat Service, the Order will be forwarded to the relevant Partner. The Partner shall have the discretion to accept or reject the Order. Upon acceptance, the Partner will either prepare the products for collection or deliver them, or, where applicable, provide the requested service at the location specified by the Partner or at a location specified by the User, where applicable.

9.2 Notifications

In the case of products, the User will receive a notification confirming when the Order is ready for collection or has been delivered. For services, the User will be notified upon confirmation of the service appointment, including where applicable, the location or scheduled time for the provision of the service. If the service is to be provided at a location specified by the User (e.g., the User's home), the Partner will make all necessary arrangements and notify the User of the appointment or service time.

9.3 User Responsibility

The User is responsible for providing accurate and up-to-date contact details for any service appointments. If the User is unreachable or unavailable at the specified location for the service, the Partner may, at their discretion, cancel the Order, and the User may be subject to cancellation fees or charges, as set forth by the Partner's policies.

9.4 Service Options

The User may choose between different service options available, such as in-store services or services provided at a specified location. For at-location services, the Partner will notify the User upon scheduling the service, or when the Partner is en route to the location for service provision.

10. Time Estimates

Any time estimates provided for the completion of services by the Partner, as communicated through the Beneat Service, are for informational purposes only and do not constitute a binding commitment. The actual duration of services may vary based on the specific circumstances of the User, which may be determined only upon the User's arrival at the Partner's location (e.g., hair coloring may take 30 minutes for short hair and 75 minutes for long hair, despite an estimated duration of 60 minutes provided in the Beneat Service).

11. Intellectual Property Rights

11.1 Beneat's Rights

All Intellectual Property Rights in or related to the Beneat Service and related documentation, as well as all parts and copies thereof, shall remain exclusively vested with and be the sole and exclusive property of Beneat and/or its affiliates, subcontractors, or licensors. "Intellectual Property Rights" shall mean copyrights and related rights (including database and catalogue rights and photography rights), patents, utility models, design rights, trademarks, trade names, trade secrets, know-how, and any other form of registered or unregistered intellectual property rights.

11.2 No Grant of Rights

These Terms of Service do not grant the User any Intellectual Property Rights in the Beneat Service, and all rights not expressly granted hereunder are reserved by Beneat and its subcontractors or licensors.

11.3 Third-Party Claims

Beneat shall not be responsible for any investigation, defense, settlement, or discharge of any claim that its applications or services, or your use of them, infringe any third-party intellectual property rights.

11.4 User Content License

The User grants to Beneat a worldwide, royalty-free, sub-licensable, and transferable right to use, modify, reproduce, distribute, display, and publish any content provided by the User in connection with the Beneat Service. Such content may include photographs, data, information, feedback, suggestions, text, and other materials uploaded, posted, or otherwise transmitted relating to the Beneat Service. The User represents and warrants that they have all necessary rights to grant their license and that their User content does not infringe upon any third-party rights, including intellectual property, privacy, or publicity rights.

11.5 Content Removal

Beneat reserves the right to remove or disable access to any User content that violates these Terms of Service or is otherwise deemed inappropriate, at its sole discretion.

11.6 Infringement Claims

If you believe that any content available on the Beneat Service infringes your intellectual property rights, you may submit a written notice to Beneat at support@thebeneat.com, providing a detailed description of the alleged infringement, proof of ownership, and your contact details. Beneat will review and, if necessary, take appropriate action, which may include removing the allegedly infringing content or suspending access to the infringing material.

12. Additional Provisions for Use of the Beneat Service

12.1 Eligibility

The Beneat Service and related products and services are only available to all individuals of legal age who are authorized to enter into contracts (binding agreements). Proof of compliance with these criteria may be required by Beneat as a condition for accessing all (or certain) Services. You may not register as a User if you do not fulfill this requirement.

12.2 Compliance

The User shall comply with all applicable rules and regulations when using the Beneat Service. Some Partners may impose restrictions related to the use of their services, such as requiring age verification, additional documentation, or adherence to specific policies. The User is responsible for meeting these requirements.

12.3 Service Modifications

Beneat is continuously developing the Beneat Service and may modify or remove features, services, or Partners available within the Beneat Service at its sole discretion.

12.4 Content Disclaimer

The User acknowledges that any content or information provided by Partners within the Beneat Service may not be reviewed or verified by Beneat. Beneat is not responsible for the accuracy, completeness, or legality of such content or any damages resulting from reliance upon it.

12.5 Technical Requirements

The User is responsible for obtaining and maintaining the devices, connections, and other equipment required to access and use the Beneat Service, as well as any associated costs.

12.6 Prohibited Activities

The User agrees not to:

1. Use or attempt to use another person's Beneat User account without authorization
2. Copy, modify, or create derivative works of the Beneat Service
3. Reverse-engineer, decompile, or attempt to derive the source code of the Beneat Service
4. Remove any copyright, trademark, or other proprietary rights notices from the Beneat Service
5. Collect or misuse information from the Beneat Service without Beneat's consent
6. Use bots or other automated tools to access the Beneat Service
7. Create a User account using false or stolen information

12.7 Account Suspension/Termination

Beneat may, at its sole discretion, suspend or terminate a User's access to the Beneat Service if:

1. The User violates these Terms of Service
2. Beneat has reason to suspect fraud or misuse of the Beneat Service
3. The User causes harm to Beneat, its Partners, or other Users
4. The User engages in inappropriate behavior, including but not limited to harassment, discrimination, or abuse directed at Beneat staff or Partners

12.8 Data Processing

Beneat is the controller of personal data collected through the Service unless otherwise indicated. Beneat processes such data in accordance with its Privacy Statement.

12.9 Third-Party Terms

The User must comply with applicable third-party terms when using the Beneat Service or app.

12.10 Geographic Restrictions

The User represents and warrants that they are not located in a country subject to a U.S. Government embargo or designated as a "terrorist-supporting" country, nor are they listed on any U.S. Government list of prohibited or restricted parties.

12.11 Partner Content Liability

Beneat shall not be liable for any infringement of rights, including but not limited to personality rights, copyright, trademark rights, data protection rights, trade secrets, or any confidential information, resulting from the placement of Partner content in the Beneat Service.

12.12 Information Society Services

Beneat shall not be liable for the Partner content under the terms of the Act No. 480/2004 Coll., on Certain Information Society Services, as amended, except in cases where, given the nature of its activities, circumstances, and the specific case, Beneat knew or should have known that the Partner content or the Partner's actions were unlawful, or if Beneat was demonstrably informed of the unlawful nature of the Partner content or the Partner's actions and failed to take all reasonable steps to remove or disable access to such information without undue delay. The Partner content does not reflect Beneat's opinions.

13. Term and Termination

13.1 Duration

These Terms of Service are in force as a binding agreement between Beneat and the User until further notice as long as the User is using the Beneat Service.

13.2 Discontinuation

The User can discontinue the use of the Beneat Service at any time. Beneat can discontinue providing the Beneat Service permanently or temporarily at any time.

14. Defects and Complaints

14.1 Service Availability

The Beneat Service may be temporarily interrupted, suspended, or permanently discontinued at any time. Users should not rely on the Beneat Service for data backup or storage purposes. While Beneat endeavors to provide a reliable and functional platform, Beneat does not guarantee the reliability, functionality, timeliness, quality, or suitability of the Service or its features. Beneat disclaims any promises or guarantees not expressly stated in these Terms of Service.

14.2 Partner Responsibility for Services

The Partner is solely responsible for the content, quality, safety, and packaging of the services offered through the Beneat Service. If defects or shortcomings are found in the services provided, Users should contact the Partner directly or Beneat's customer support for assistance. For perishable products or time-sensitive issues, Users must notify the defect promptly to allow proper investigation and verification. The Partner or Beneat may request documentation, such as photographs, to confirm the defect. Users are entitled to reimbursement from the Partner in accordance with applicable laws for verified defects.

14.3 Partner Liability

The Partner bears sole responsibility for any defects in the preparation, packaging, or performance of the Services. Beneat is not liable for the information provided by the Partner on the Beneat Service and makes no warranties regarding the availability, quality, or suitability of the services offered.

14.4 Beneat Platform Responsibility

Beneat is solely responsible for any claims related to the Beneat Service as a platform, including but not limited to failure to meet legal or regulatory requirements, and claims arising under consumer protection or similar laws. Beneat is also responsible for providing any necessary maintenance or support for the Beneat Service, as required by law.

15. Quality Upon Acceptance and Statutory Rights from Defective Performance of the Partner

15.1 Partner Quality Standards

The Partner is responsible for ensuring that the products or services provided are free from defects at the time of receipt or performance. Specifically:

1. Products must conform to the agreed description, type, quantity, quality, functionality, and other agreed characteristics, and be fit for their intended purpose
2. Services must be performed with professional skill and care, conform to the agreed description, and meet the reasonable expectations of the User
3. Products and services must comply with applicable laws and third-party rights and be provided with necessary accessories, instructions, and documentation as reasonably expected

15.2 Defect Presumption

If a defect in a product manifests itself within one year of receipt or performance, the service shall be presumed defective upon delivery or performance, unless the nature of the defect or the product indicates otherwise.

15.3 Liability Period

The Partner is liable for defects arising within 24 months of receipt or performance. The Partner must rectify such defects or deficiencies in accordance with applicable laws.

15.4 Remedy Options

If the product or service does not meet the characteristics set out in section 15.1, you may request replacement products or re-performance, accordingly, of the service from the Partner, unless unreasonable due to the nature of the defect. If only part of a service is defective, you may request replacement or re-performance of the relevant part from the Partner. If replacement or re-performance is not feasible, you may withdraw from the Purchase Agreement. For remediable defects, you have the right to rectification free of charge, with expenses borne by the Partner.

15.5 Recurring Defects

You may request replacement products or re-performance, accordingly, of service from the Partner, even for remediable defects, if the defect recurs after rectification or if there are multiple defects that prevent proper use. In such cases, you are also entitled to withdraw from the Purchase Agreement.

15.6 Price Reduction

If you do not withdraw from the Purchase Agreement or request replacement, repair, or re-performance, you may request a reasonable discount for the defect or deficiency from the Partner. This applies if the Partner is unable to rectify the issue within a reasonable time, replacement or re-performance is not possible, or rectification would cause significant inconvenience.

15.7 Limitations

You are not entitled to remedies for defective performance if you were aware of the defect or deficiency before receipt or performance, or if you caused the defect or deficiency.

15.8 Partner Liability Exclusions

The Partner is not liable for defects or deficiencies resulting from normal wear and tear, misuse, or failure to follow instructions. For second-hand products or services agreed upon with limitations, the Partner is not liable for defects consistent with their agreed condition or limitations. For reduced-price products or services, the Partner is not liable for defects that justify the price reduction, but you may request a reasonable discount instead of replacement or re-performance.

16. Complaint Handling for Products and Services

16.1 Filing Complaints

In case of a defect or issue with a product or service, you must file a complaint in accordance with the requirements under section 15 above and this section 16. Complaints can be submitted directly to the Partner by phone, to their postal or email address, or in person at the Partner's physical location (if applicable). If the complaint is submitted in writing or electronically, you must provide your contact details, a description of the defect or issue, and a request for the desired resolution.

16.2 Remedy Selection

When reporting a defect or issue, you must inform the Partner of your chosen remedy without undue delay. Changing the requested remedy is only allowed if the initial request (e.g., repair) proves to be unfeasible. If the Partner fails to rectify the defect within a reasonable time or notifies you that it will not be rectified, you may request a reasonable discount from the purchase price or withdraw from the Purchase Agreement.

16.3 Proof of Purchase

You must provide proof of purchase (e.g., a receipt) when filing a complaint. The complaint period begins upon submission of the complaint to the Partner. If necessary, you must deliver the defective product to the Partner or a designated location for repair at the time of filing the complaint or shortly thereafter. Products must be packaged securely to prevent damage during transport and should be clean and complete.

16.4 Response Timeline

The Partner must decide on the complaint without undue delay, no later than three working days after the complaint is submitted unless an expert assessment is required. If expert assessment is necessary, you will be informed within the same time frame. The Partner must handle the complaint, including rectification of the defect, without undue delay and within 30 days unless a longer period is agreed upon in writing. If the complaint is not resolved within this time, you may withdraw from the Purchase Agreement or request a reasonable discount.

16.5 Time Extension

The time available to exercise your rights from defective performance is extended by the period between the submission of the complaint and its resolution or until you are notified to retrieve the item if applicable.

16.6 Cost Reimbursement

In the case of a justified complaint, you are entitled to reimbursement for reasonable costs incurred in addressing the defect or issue by the Partner.

17. Consumer Information Obligations

17.1 Partner Obligations

Partners are solely responsible for complying with their legal obligations, including providing Users with all mandatory consumer information under Section 9 et seq. of the Consumer Protection Act (Act No. 634/1992 Coll., as amended).

17.2 Beneat's Role

As Beneat Service only acts as an intermediary platform, it does not provide the services directly and is not a contractual party to the Purchase Agreement. The responsibility for the accuracy, completeness, and legality of the provided consumer information lies solely with the Partner.

17.3 User Reports

If a User believes that Partner has failed to provide the required consumer information or has provided misleading information, they may report the issue via the Beneat Service's support system. However, such reports do not affect the contractual relationship between the User and the Partner.

18. Ranking Transparency Clause

18.1 Ranking Factors

The visibility and ranking of Partners in the Beneat Service are determined based on objective and transparent criteria. The main ranking factors include:

1. Relevance to Users' searches (e.g., service category, location, Users' preferences)
2. Business performance metrics (e.g., Users' reviews, response rate, engagement levels)
3. Service availability and responsiveness (e.g., active booking slots, last-minute deals)
4. Marketing tool usage, where Partners may influence their ranking through paid promotional features

18.2 Promotional Tools

Partners may enhance their ranking and visibility through paid promotional tools available in the Beneat Service:

1. In-App Notifications: Partners can send targeted notifications to Users based on location and preferences. The cost is determined per User reached and per distance covered
2. Category Promotion: Partners can boost their position within relevant category searches within a defined geographic radius, with fees based on daily rates and distance
3. Premium Homepage Placement: Partners may be featured prominently on the Beneat App homepage through a separate commercial agreement

18.3 Promotional Impact

Any paid promotion explicitly affects ranking and placement within relevant search results. The degree of influence depends on the promotional option selected and the competition within the relevant category and location.

18.4 No Guarantee

Beneat Service does not guarantee a specific ranking position but ensures that promotions are applied fairly and transparently. Partners will be informed of the effects of their chosen promotion on ranking through the Beneat Service interface.

18.5 Fair System

Beneat Service maintains a fair and non-discriminatory ranking system. Paid promotions do not override the relevance and quality considerations essential for a positive user experience.

18.6 Updates

Ranking mechanisms are updated periodically to reflect user behavior, system improvements, and regulatory requirements. Significant changes in ranking criteria will be communicated to Partners in advance.

18.7 Transparency

Beneat Service does not disclose proprietary algorithms but ensures that ranking parameters are sufficiently explained for Partners to understand how visibility and positioning are influenced.

18.8 Dispute Resolution

If a Partner believes their ranking has been unfairly affected (including cases of unexplained changes, demotion, or delisting), they may request an explanation through the dispute resolution process.

18.9 Third-Party Complaints

In cases where ranking has been altered due to a third-party complaint (e.g., non-compliance reports, content violations), the affected Partner will have access to an explanation of the complaint and the opportunity to contest it.

19. Digital Services Regulation (DSA)

19.1 Compliance

Beneat provides the Services in accordance with Regulation (EU) No 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the Digital Single Market and amending Directive 2000/31/EC (DSA). For this purpose, the Beneat has established a contact point for the Member State authorities, the Commission, the Corps and the recipients of the Service within the meaning of Articles 11 and 12 of the DSA, which is the Beneat's registered office, or e-mail: support@thebeneat.com. Czech and English may be used for communication with the contact point.

19.2 Content Moderation

Beneat reserves the right to take action if it becomes aware of content that is illegal or that violates the Terms of Service. Measures may include, for example:

1. Any restriction on the visibility of specific information provided by the User or Partner, including removing content, making content inaccessible or assigning a lower position to such content in searches
2. Suspension, termination or other restriction of monetary payments
3. Total or partial suspension or termination of the Beneat Service
4. Suspension or termination of the User Account

In the event that such a measure is taken, the User concerned will be informed within the scope of Article 17(3) of the DSA, provided that Beneat is aware of his/her electronic contact details.

19.3 Illegal Content Notifications

Users may notify Beneat of the occurrence of specific information that they consider illegal via e-mail support@thebeneat.com. Beneat shall notify the recipient of such notification without undue delay. If the submitter wishes to be notified of the outcome of the investigation of the notification, they must provide their electronic contact information.

19.4 Fundamental Rights

In performing its obligations under the DSA, Beneat shall act in a timely, objective, proportionate and diligent manner, with due regard to the rights and legitimate interests of all affected parties, including the fundamental rights of the recipients of the service, such as freedom of expression, freedom and plurality of the media and other fundamental rights and freedoms.

19.5 Automated Procedures

Beneat reserves the right to use automated procedures to detect content that violates the Terms of Service or the law. In the event of moderation of content using an automated procedure, the affected User will be informed.

20. Limitation of Liability

20.1 Platform Nature

Beneat acts solely as a technology platform facilitating connections between Users and Partners. Beneat does not provide beauty and wellness services, sell goods, or assume any responsibility for the quality, safety, legality, suitability, availability, or accuracy of any Services offered by Partners. Any issues, claims, disputes, or liabilities arising from a User's engagement with a Partner, including but not limited to service defects, product misrepresentations, personal injuries, or other damages, must be addressed directly with the relevant Partner.

20.2 Service Availability

Beneat does not guarantee that the Beneat Service will be uninterrupted, or error-free. While Beneat applies reasonable technical and organizational measures to maintain the functionality and security of the Beneat Service, it shall not be liable for any temporary unavailability, technical malfunctions, delays, or failures affecting the User's ability to access or use the platform.

20.3 Excluded Damages

To the fullest extent permitted by applicable law, the User expressly agrees that Beneat shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to lost profits, lost revenue, loss of data, loss of goodwill, or business interruption, arising out of or in connection with:

1. The use of or inability to use the Beneat Service
2. Any transaction or interaction between Users and Partners
3. Reliance on any information provided through the Beneat Service
4. Unauthorized access to or alteration of User transmissions or data

20.4 Force Majeure

Beneat shall not be held liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, government actions, labor strikes, power outages, cyberattacks, or disruptions of telecommunications or internet services.

20.5 Additional Limitations

In addition to the above limitation of liability, the User further expressly agrees that Beneat shall not be liable, in the fullest extent permitted by applicable law, for any losses or damages that may be incurred by the User, including but not limited to those resulting from:

1. Any reliance on the completeness, accuracy, or existence of any advertisements, or any relationship or transaction between the User and an advertiser or sponsor whose advertisements appear in the Beneat Service
2. Any changes that Beneat may make to its services or any permanent or temporary termination of the provision of certain services or offerings (or any features within those services)
3. The deletion, corruption, or failure to store any content or other communication transmitted or maintained through the User's use of Beneat Services
4. The User's failure to provide relevant and accurate information
5. The User's loss of a password or User Account access, or allowing a third party to access their password or User Account

20.6 No Warranties

Beneat does not warrant that:

1. Beneat Services used by the User will meet the User's requirements
2. The use of the Beneat Services will be uninterrupted, timely, secure, or free from errors or viruses
3. The information obtained through the use of Beneat Services will be accurate and reliable
4. Defects in the operation or functionality of any software will be corrected

20.7 No Additional Obligations

No advice or information, whether oral or written, obtained by the User from the Beneat shall create any liability or obligation not expressly stated in these Terms of Service.

20.8 Severability

Some jurisdictions do not allow the exclusion or limitation of certain liabilities. If any part of this Section 20 is held unenforceable under applicable law, the remaining provisions shall continue to apply to the fullest extent permitted.

21. Applicable Law and Dispute Resolution

21.1 Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the Czech Republic, unless applicable mandatory legal provisions specify otherwise.

21.2 Consumer Rights

If you are a consumer, please note that you cannot be deprived of the rights granted to you by the mandatory consumer protection laws of your country of domicile.

21.3 Jurisdiction

Disputes arising from these Terms of Service shall be resolved by the competent courts of the Czech Republic, unless applicable mandatory legal provisions provide otherwise. A consumer may, however, always institute proceedings in the competent court of their domicile. If you are a User domiciled in the EU, you and Beneat may also use the ODR platform managed by the European Commission to settle disputes. This platform can be found on ec.europa.eu/odr. You may also refer a dispute to the consumer disputes board or other corresponding out-of-court institution in your domicile, the Czech Trade Inspection Authority, coi.cz, in the Czech Republic.

22. Amendments

22.1 Amendment Authority

These User Terms of Service are subject to amendments. In case of any discrepancies between these Terms of Service and any local language version of these Terms of Service, these terms shall prevail.

22.2 Notification Process

Beneat shall publish the amended Terms of Service in the Beneat Service. Beneat shall inform the User of any changes that are material by nature on the Beneat Service or by email to the email address submitted to the Beneat Service by the User. The User has the right to refuse the change of the Terms of Service by sending a notice to support@thebeneat.com; in such case, the contractual relationship will be terminated on the date preceding the effective date of the new version of the Terms of Service. If the User does not reject the changes to the Terms of Service that have been duly notified to him, the contractual relationship between the Partner and the User shall be governed by the new version of the Terms of Service.

23. Assignment

23.1 Beneat's Right to Assign

Beneat shall be entitled to assign all or any of its rights or obligations hereunder in whole or part to an affiliate or successor or to a purchaser or acquirer of its business assets relating to Beneat Service without the User's prior consent.

23.2 User Restrictions

The User shall not be entitled to assign any of its rights or obligations hereunder in whole or part.

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Updated 28 March 2025