Terms of Use

These Terms of Use (the "Terms") constitute a legally binding agreement between you ("you" or the "User") and NCOM d.o.o., a limited liability company organised under the laws of the Republic of Slovenia ("NCOM", "we", "us" or "our"), governing your access to and use of the Bento Garden website at mybentogarden.com (the "Website"), the Bento Garden mobile application (the "App") and any related content, features and services we make available (collectively, the "Service").

By accessing or using the Service, you represent that you have read, understood and agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, you must not access or use the Service.

The Service is provided by:

• NCOM d.o.o.
• Republic of Slovenia
• Email: hello@mybentogarden.com

Bento Garden is a guided plant-growing application that helps beginners create small habitats (each, a "Bento") and care for them through structured missions, an evolving narrative, observer logs and milestone moments. The Service is, at the date of these Terms, an early-stage product. Features may be added, modified or discontinued at any time, and certain features may be available only on a limited or experimental basis.

You must be at least sixteen (16) years of age to use the Service. If you are below the age of legal capacity in your jurisdiction, you may use the Service only with the prior consent of your parent or legal guardian, who shall be jointly responsible for your compliance with these Terms.

Use of certain features of the Service requires the creation of an account. You agree to provide accurate, current and complete information during registration and to keep such information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us promptly of any unauthorised use of your account.

You agree not to, and not to permit any third party to:

• use the Service in violation of any applicable law or regulation;
• upload or transmit content that is unlawful, infringing, defamatory, obscene, harassing or otherwise objectionable;
• upload content over which you do not hold the necessary rights or permissions, including images depicting identifiable third parties without their consent;
• interfere with or disrupt the integrity or performance of the Service or any data contained therein;
• attempt to gain unauthorised access to the Service, to user accounts, or to systems or networks connected to the Service;
• reverse-engineer, decompile, disassemble or otherwise attempt to derive the source code of the Service, except to the extent such restriction is prohibited by mandatory law;
• use any automated means (including scrapers, bots or crawlers) to access the Service, save for well-behaved indexing by major search engines; or
• use the Service to develop, train or improve any competing product or any third-party machine-learning model.

The Service permits you to upload photographs and other content relating to your Bento ("User Content"). You retain all rights you may hold in your User Content. You hereby grant NCOM a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, reproduce, adapt, transmit and display User Content solely as necessary to operate, provide and improve the Service, including by submitting User Content to AI providers as described in our Privacy Policy.

You represent and warrant that you own or have all necessary rights, licences, consents and permissions to upload your User Content and to grant the licence set out above, and that your User Content does not infringe any third-party rights or violate any applicable law. We may, but are under no obligation to, review, monitor or remove User Content, and we reserve the right to remove any User Content that we consider, in our reasonable discretion, to violate these Terms.

The Service uses third-party generative artificial-intelligence systems to produce evolving narrative, guidance and lightweight interpretations of user-uploaded images. Output produced by such systems ("AI Output") is generated automatically, may contain inaccuracies or omissions, and is provided for informational and entertainment purposes only.

AI Output does not constitute professional horticultural, agricultural, veterinary, scientific or other expert advice. You should not rely on AI Output as the sole basis for any decision and you assume all risk arising from your use of, or reliance upon, AI Output. We make no representation or warranty as to the accuracy, completeness, suitability or outcomes of AI Output.

The Website currently includes a non-functional demonstration checkout intended to evaluate user interest and the user experience prior to launch of a real commerce flow. No payment is taken, no card data is processed, transmitted or stored, and no order is fulfilled through the demonstration checkout. Any references to prices or shipping shown in the demonstration do not constitute a binding offer.

When and if NCOM begins to offer paid products or services, those offerings will be governed by additional or superseding terms (including delivery, refund and consumer-protection terms required by applicable law), which will be presented to you and must be accepted before any binding purchase is made.

The Service, including all software, text, graphics, layout, logos, icons, designs and the "Bento Garden" name and marks, is owned by NCOM or its licensors and is protected by intellectual-property laws. Subject to your compliance with these Terms, NCOM grants you a personal, limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your personal, non-commercial use. No other rights are granted, expressly or by implication.

You may stop using the Service at any time and may request deletion of your account by contacting us. We may suspend or terminate your access to the Service, in whole or in part, at any time and with or without notice, where you breach these Terms, where required by law, or where we discontinue the Service. Sections of these Terms that by their nature should survive termination shall so survive, including without limitation provisions relating to intellectual property, disclaimers, limitation of liability, indemnification and governing law.

To the maximum extent permitted by applicable law, the Service and all AI Output are provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied or statutory, including without limitation any implied warranties of merchantability, fitness for a particular purpose, non-infringement and accuracy. We do not warrant that the Service will be uninterrupted, error-free, free of harmful components, or that defects will be corrected.

To the maximum extent permitted by applicable law, in no event shall NCOM, its affiliates, directors, officers, employees or agents be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, goodwill, data or use, arising out of or in connection with these Terms or the Service, whether based in contract, tort (including negligence) or any other legal theory, and whether or not we have been advised of the possibility of such damages.

To the maximum extent permitted by applicable law, our aggregate liability arising out of or in connection with these Terms or the Service shall not exceed the greater of (i) the amounts paid by you to NCOM in the twelve (12) months preceding the event giving rise to liability, or (ii) one hundred euros (EUR 100).

Nothing in these Terms shall limit or exclude any liability that cannot be limited or excluded under mandatory provisions of Slovenian law, including liability for death or personal injury caused by negligence, fraud, or wilful misconduct.

You agree to indemnify, defend and hold harmless NCOM and its affiliates, directors, officers, employees and agents from and against any and all claims, liabilities, damages, losses and expenses, including reasonable legal fees, arising out of or in any way connected with (i) your access to or use of the Service, (ii) your User Content, (iii) your breach of these Terms, or (iv) your violation of any law or third-party right.

These Terms and any non-contractual obligations arising out of or in connection with them are governed by, and shall be construed in accordance with, the laws of the Republic of Slovenia, without regard to its conflict-of-laws principles. The courts of Ljubljana, Slovenia, shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms, subject to any mandatory consumer-protection rules that grant a consumer the right to bring proceedings in the courts of his or her place of residence.

We may modify these Terms from time to time. The updated version will be indicated by a revised "Last updated" date at the top of this page. Where the changes are material, we will provide reasonable notice by means of the Service or by email. Your continued use of the Service after the effective date of any revised Terms constitutes your acceptance of the revised Terms.

If any provision of these Terms is held to be invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be replaced by a valid provision that most closely reflects the intent of the original. These Terms, together with the Privacy Policy and any additional terms expressly incorporated by reference, constitute the entire agreement between you and NCOM with respect to the Service and supersede any prior agreements or understandings on the same subject matter.

For any question regarding these Terms, please contact us at hello@mybentogarden.com.