1. Scope and provider
These Terms of Use apply to the business use of benvido's software and services. Provider and contractual partner is Matthias Lindner, Schlossstraße 28d, 3500 Gneixendorf, Austria, E-Mail: [email protected].
benvido is intended for businesses and self-employed professionals, particularly hospitality and accommodation providers. Contracts with consumers require an express individual agreement.
2. Contract formation, plans and pricing
An enquiry, registration or demo does not create a paid contract. A contract is formed through our order confirmation, activation of a paid plan you have expressly ordered, or a separate agreement.
The scope of services, fees, billing period, minimum term and notice period are set out in the relevant offer or order confirmation. Unless expressly stated otherwise, prices for business customers exclude applicable VAT.
3. User account and access
Registration details must be accurate and current. Keep credentials and sign-in codes confidential. Accounts may be used only by authorised people from the relevant business.
Notify benvido immediately if you suspect unauthorised use. We may temporarily suspend access where necessary to address a security risk, investigate misuse or respond to a material breach of contract.
4. Services provided by benvido
Depending on the selected plan, benvido provides features for a business’s digital presence and daily operations. These may include website creation and hosting, menus, opening hours, reservation requests, content, newsletters, media management and optional third-party connections.
The plan you book determines the scope of services. Features may develop provided the agreed core benefit is maintained. Maintenance, security measures and technically necessary interruptions are permitted.
Unless expressly agreed otherwise, benvido is not a point-of-sale system, an inventory management system or an automatic table-planning system with guaranteed real-time availability.
5. Responsibilities of the business customer
The business is responsible for the accuracy, legality and currency of the content it supplies. It must hold the necessary rights to text, trademarks, images and documents.
The business must check reservation decisions, opening hours, prices and other information. Any legally required consent, such as for newsletters, must be obtained before using the relevant contact details.
Illegal content, malicious code, attempts to bypass security measures and actions that could harm the platform, infrastructure or other users are prohibited.
Email and anti-spam rules
Marketing emails may only be sent to guests who registered themselves through the respective business's signup form and confirmed their email address through double opt-in. Confirmation applies only to the selected business and the expressly selected purpose. A reservation or user account alone does not constitute newsletter consent.
Purchased, rented, scraped, third-party, manually created or imported recipient lists are prohibited for newsletter sending. Claimed or documented written consent does not replace double opt-in. Consent must not be transferred between businesses.
Each marketing message must identify the responsible sender and provide an unsubscribe option. Unsubscribes, permanent delivery failures and spam complaints exclude the affected address from further sending by that business. Circumventing these blocks is prohibited. benvido may suspend a business's sending in the event of abuse or delivery problems and require evidence before reactivation.
Abuse can be reported to [email protected] together with the affected message. Transactional messages, such as account and reservation notifications, are handled separately from marketing and must not be used to circumvent these rules.
6. Content and rights of use
The business retains its rights to the content it supplies. For the term of the contract, it grants benvido the non-exclusive rights needed to store and technically process that content, deliver it on the agreed website and publish it through connected services on its express instructions.
A business’s name or logo may be used publicly by benvido as a reference only with a separate agreement or approval.
7. Third-party services
Optional features may depend on third-party services such as domain providers, Google, Facebook or Instagram. Their own terms and availability rules apply. benvido is not liable for changes or outages beyond its control, but will take reasonable steps to restore service or adapt.
8. Data protection
Information on the processing of personal data can be found in our Privacy Policy. Where benvido processes guest data on behalf of a business, a data processing agreement will be concluded where required.
9. Term and termination
The term and termination provisions depend on the offer booked. The right to terminate for good cause remains unaffected. After the contract ends, access may be disabled and data deleted following applicable statutory or contractual retention periods.
10. Warranty and liability
Statutory warranty and liability rules apply. For slight negligence, liability is limited, to the extent permitted by law, to breaches of essential contractual obligations and the foreseeable damage typical of the contract.
These limitations do not apply to intentional misconduct, gross negligence, death, personal injury or damage to health, or where liability cannot be excluded by law.
11. Amendments and final provisions
Significant changes to these conditions will be communicated in good time in an appropriate form. For existing fee-based contracts, changes apply only in accordance with the contractual and legal requirements.
Austrian law applies, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. For disputes with business customers, the competent court at the provider’s registered office has jurisdiction to the extent permitted by law.