This end-user license agreement (the Agreement) conditions together with any applicable terms and conditions for specific services, any other policies this terms and conditions refer to, as well as any exhibits, attachments, schedules, and addendum, and other terms and conditions agreed between Client and Licensor form the terms of the agreement between Client and Licensor for all products and services Client have access to by using the Mobile Application “BenifMe”.

1. Definitions:
App is the Licensor’s Mobile Application “BenifMe”.
Client is an natural person.
Device is a certified end-client equipment that is in the legal possession of the Client, providing the Client with access to the App and the Services by connecting this terminal equipment to communication networks.
Identification is the procedure for establishing identification data about the Client and the beneficial owner of the Client.
Licensor is BenifMe Limited, incorporated and registered in Hong Kong with company number 3282848.
Partners are partners of the Licensor that provide the Services accessible via the App subject to their agreements with the Licensor, and the Partner’s Terms and Conditions of the respective Services.
Services are the services provided by the Partners and available through the App.
Services Fee is a certain amount of money charged as compensation for the expenses and/or remuneration related to the performance of the Services.

2. Scope of the License
Subject to the terms of this Agreement, Licensor grants the Client a limited, non-exclusive, and non-transferable license to download, install, and use the App for the Client’s personal use on a single mobile Device strictly in accordance with this Agreement.

3. Restrictions
The Client shall not: (a) copy the Application, except as expressly permitted by this license; (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable; reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App or any part thereof; (c) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof; (e) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the App; or (f) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, or any features or functionality of the App, to any third party.

4. Reservation of Rights
The Client acknowledges and agrees that the App is provided under license, and not sold. The Client does not acquire any ownership interest in the App under this Agreement, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement.
Licensor reserves and shall retain its entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to the Client in this Agreement.

5. Use of the App
5.1. The Client undertakes to go through the registration and Identification procedures applicable and, during registration and identification, provide information that is factually accurate and bears further responsibility for the accuracy of the information provided.
5.2. To authorize the Client when entering the App, an access code is used. Client’s access to the App, which took place using the authorization means associated with the Client (including, but not limited to: Access Code, etc) is recognized as an unconditional fact confirming the use of the App by the Client, while actions carried out using the authorization means associated with the Client, are recognized as actions performed personally by the Client.
5.3. The Access Code alone and/or in combination with a password and/or pressing the acceptance button within the App is recognized by the Parties as an analog of a handwritten signature. All actions of the Client performed by him or third parties after entering the Access Code specified by the Client himself during the registration process are considered performed by the Client himself and are equivalent to instructions provided in writing and personally signed by the Client.
5.4 The Client is obliged to prevent third parties’ attempts to access the Client’s Access Codes or/and the Client’s account, as well as not to transfer the Client’s Device with access to the App, to third parties. The Client is obliged to report immediately to the Licensor the loss of control over the Access Codes, the Client’s account, and/or Client's Device, as well as any suspicious activity within the App.
5.5. As a part of the registration and Identification procedures, as well as during the course of the Services the Licensor and the Partners have the right to carry out all necessary AML/CFT Measures in relation to the Client in cases determined by the Licensor and the Partners in accordance with the law of Hong Kong or other applicable law.
5.6. The Licensor has a right to modify any App software or its interfaces as well as suspend the operation of software and/or hardware that ensures the functioning of the App if significant malfunctions, errors, and failures are detected, and/or maintenance and preventing cases of unauthorized access to the App at any time without notifying the Client.

6. Services
6.1. The Services are provided by the relevant Partners in the relevant jurisdictions for particular Services and under their relevant Terms and Conditions.
The list of the current Partners is available on the Licensor website via link https://benifme.com/partners.
6.2. The scope of Services available to the Client in the App may depend on the type of registration and identification procedure completed by the Client. The Licensor and the Partners have the right, at their discretion, to limit the functionality of the App and/or maximum amount or certain types of Services accessible to any Client, as well as unilaterally suspend any Services accessible to any Client, or any other Client’s activities within the App, up to complete blocking of access to the App, temporary or permanent.

7. Payments
7.1. The Licensor grants the license to the Client free of charge.
7.2. For the Services provided the Client shall be charged the Service Fee. Service Fee value, grounds, conditions, and the moment of their payment by the Client are indicated in the App, together with the other terms of the particular Service. Settlements with the Client are carried out at the rate determined by the Licensor in the national currency of Hong Kong (Hong Kong dollars), world currency, or virtual assets, depending on the type of transaction.
7.3. Any funds delivered by Client to the Licensor or the Partners shall be deemed as non-refundable, unless otherwise directly agreed in writing between the Parties. In case of return of the funds to the Client, to calculate the return amount the Licensor or the Partners use the exchange rates valid at the time of return. The Client shall not be reimbursed for commissions or fees of payment Apps upon refund.

8. Personal Data and Privacy
8.1. Licensor collects, holds, uses, processes, and transfers Client’s data in accordance with the Privacy Policy Statement pursuant to the Personal Data (Privacy) Ordinance (Cap.486). Clients acknowledge that they have read and consented to the Privacy Policy Statement posted on the Licensor website via link https://benifme.com/privacy.
8.2. The Licensor undertakes to maintain confidentiality with respect to information about the Client that has become known to the Licensor in connection with the use of the App by the Client, except in cases where such information:
(i) is publicly available;
(ii) disclosed upon request or with the permission of the Client;
(iii) subject to provision to Affiliates and/or third parties to the extent necessary for the execution of the Agreement;
(iv) requires disclosure on the grounds provided for by the legislation of Hong Kong, or upon receipt of relevant requests from credit institutions, courts, or authorized government bodies;
(v) in other cases under the Agreement and/or applicable law.

9. Liability
9.1. For failure to fulfill or improper fulfillment of obligations under the Agreement, the Parties are liable under the terms of the Agreement and the current legislation of Hong Kong.
9.3. The Client bears the risks and liability for any actions of third parties committed on behalf of the Client, using the Client’s Access Codes, the Client’s account, and/or through the Client's Device, as well as using the programs installed on the Client’s Device or using the Client’s identification, authentication, authorization data in the App, including in the event of loss of access for reasons beyond the control of the Licensor until the Licensor receives a relevant written notice from the Client.

10. Force Majeure
10.1. In the event the Licensor is unable to deliver any of the Services due to circumstances beyond the Licensor’s control (the “Force Majeure Events”) including but not limited to flood, fire, earthquake, and other natural phenomena, war (whether declared or not), revolution, insurrection, pandemic and/or epidemic, stoppage of labor, strikes or other disputes with employees, laws, regulations, orders or other acts of any governmental authority, other civil disturbances, legal process or failure of telecommunications or computer networks or equipment, or any other cause whatsoever beyond the Licensor’s control, the Licensor shall not, to the extent permitted by law, have any liability whatsoever for any loss resulting directly or indirectly from these circumstances, including but not limited to any liability to pay any damages or otherwise compensate the Client or any other persons.

11. Dispute resolution
11.1. If the Client has any claim related to the App and its usage (including the Services accessible via the App) the Client, before going to court, is obliged to submit a claim to the Licensor in writing as a preliminary pre-trial resolution of the dispute.
11.2. Claims must be made within 3 months from the date of the act or failure to act that justified the claim.
11.3. The claim is investigated by the Licensor within a period not exceeding 60 (sixty) calendar days from the date of registration of the claim.
11.4. If the claim is rejected in whole or in part or if a response is not received within the time limit established for consideration of the claim, the Client has the right to file a claim in court in accordance with clause 14 of the Agreement.

12. WARRANTIES AND LIABILITY
12.1. To the fullest extent permitted by applicable law, Client agrees to indemnify and hold the Licensor harmless for any damages, loss, costs, and expenses incurred due to, or arising out of or in connection with, Client’s breach of the Agreement or any applicable law or regulation, any acts of fraud, Client uses of the App and any Instruction made by Client or Licensor’s actions in response to receiving Instructions from Client together with reasonable accrued interest, unless such damages, losses, costs, and expenses are caused by gross negligence or intentional misconduct of Licensor.
12.2. Client agrees that to the extent permitted by applicable law Licensor and/or any of its affiliated, as well as their agents, employees, or representatives shall not be liable to Client in any way for any direct or consequential loss arising from any failure of performance, error, omission, interruption, defect, delay in operation or non-execution of the transaction (including in the event of any operational issues with third-party payment processors, computer virus, and/or any line or App failure suffered by Client, Client’s agents, employees or affiliates).
12.3 Any services and information are provided on an "as is" basis and are to be used at Client’s own risk, with no obligations, warranties of any kind, either expressed or implied, or liabilities of any type by the Licensor to the extent permitted by applicable law. The Licensor does not warrant the accuracy or completeness of the information available and disclaims any liability for errors, or omissions or interruptions to access.
12.4. Where the Licensor cannot exclude obligations, implied condition or warranty, and liability, the Licensor limits its liability to (a) the resupply of the services; or (b) the cost of having the services resupplied.

13. Conclusion, amendment, and termination of the Agreement
13.1. The current version of this Agreement is posted on the Licensor website via link https://benifme.com/eula. The Client accepts the Agreement by downloading the App, and/or performing other actions specified by the Licensor. The date of acceptance is the date of the downloading of the App.
13.2. Acceptance of the terms of the Agreement means the full and unconditional acceptance by the Client of all the terms of the Agreement without any exceptions and/or limitations and is equivalent to the conclusion of a bilateral written Agreement. If the Client does not agree with the terms of the Agreement in whole or in part, then the Client is obliged to delete the App from the Client’s Device and withdraw from using the Services.
13.3. By entering into the Agreement, the Client guarantees to the Licensor the following:
13.3.1 The Client (an individual) is the person who has reached 18 (eighteen) years of age, and is legally capable,
13.3.2. The Client has the right to order Services, and the sufficient knowledge necessary to use the Services.
13.3.3. The Client has the right to manage funds the Client uses in the course of the Services.
13.4. The Agreement is valid for an indefinite period or until termination on the grounds determined by the terms of the Agreement and/or the norms of the current law of Hong Kong Special Administrative Region of the People's Republic of China (Hong Kong).
13.5. The Licensor has the right to unilaterally make changes to the Agreement by publishing changes on public resources. Changes come into force from the moment of publication, unless another period for the changes to come into force is additionally determined upon their publication. If the Client disagrees with changes to the terms of the Agreement, he is obliged to withdraw from performing the Agreement.
13.6. The current version of the Agreement is posted on the Licensor website for mandatory review by the Client. If necessary the Client can obtain additional information on the Agreement, information about the use of the App, termination of the Agreement, and Service Fee on the Licensor’s information resources.
13.7. The use of the App by the Client after amendments to the Agreement is clearly understood by the Parties as the Client’s agreement with all changes made.
13.8. The Licensor has the right to unilaterally and without compensating the Client for losses, repudiate the Agreement with prior notification to the Client no less than 10 (ten) calendar days before the expected date of refusal to perform the Agreement. The Licensor has the right to send such a notification using the App. The contract is considered terminated upon expiration of 10 (ten) calendar days after sending the specified notice.
13.9. The Client has the right to repudiate the Agreement at any time by written notification to the Licensor no less than 10 (ten) calendar days before the expected date of termination of the Agreement, except for the case when the Client has a debt to the Licensor.
13.5. The Agreement may be terminated on other grounds agreed upon by the Parties, or provided for by the Agreement and/or the current law of Hong Kong.

14. Law and Arbitration
14.1. This Agreement shall be governed by the laws of the Hong Kong Special Administrative Region of the People's Republic of China (Hong Kong) without regard to conflict of laws principles.
14.2. Any dispute, controversy, difference, or claim arising out of or relating to the Agreement, including the existence, validity, interpretation, performance, breach, or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be in Hong Kong. The arbitration shall be conducted by a sole arbitrator. Unless the parties agree otherwise, the arbitration shall be conducted in English. The arbitration award rendered by the arbitrator shall be final and binding on all the relevant parties.

15. General
15.1. The Parties acknowledge that it is not their intention that any third party shall be entitled to enforce any term of this Agreement which may confer a benefit on that third party, whether any such entitlement would, but for this provision, arise under the Contracts (Rights of Third Parties) Ordinance (Chapter 623) or otherwise.
15.2. If any part of the Agreement is determined to be invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, the remainder of the Agreement shall continue in full force and effect to the fullest extent permitted by law.
15.3. The Agreement constitutes the entire agreement between the Licensor and the Client with respect to the matters hereof.
15.4. A failure to enforce any provision of the Agreement shall not constitute a waiver of that or any other provision and will not relieve the Client from the obligation to comply with such provision.
15.5. In the event the Client provides the Licensor with any personal data, intellectual property, trade secret, or other information that is owned by or exclusively granted to a third party, the Client warrants that the Client has received explicit and sufficient authorization from the third party to provide the Licensor with such personal data, intellectual property, trade secret or such other information.
15.6. The Licensor is entitled to transfer, assign, charge, sub-contract or otherwise dispose of any of the rights or obligations under this Agreement and the App on such terms and conditions as the licensor may at its sole discretion think fit at any time without any prior notice to the Client.
15.6. All text information and graphic images located on the Licensor’s website and/or in the App are the property of the Licensor and/or its partners. Such materials may be used for informational, non-commercial, or personal purposes only. Reprinting or reproduction of any materials in any form is possible only with the prior written permission of the App Licensor.
15.7. The Agreement is written in English. In case of discrepancies between the English version and any translation of the Agreement, the English version prevails.