Bene

Terms of Service

Effective date: June 1, 2026

These Terms of Service ("Terms") govern your use of the website, services, and platform operated by SendBene LLC ("Bene," "we," "us," or "our"), accessible at sendbene.com. By using Bene, you agree to these Terms. If you do not agree, do not use the service.

1. What Bene is

Bene is a coordination service. We help a person or organization (the "Sender") arrange a thoughtful in-person gesture — for example champagne at a table, a welcome amenity in a hotel room, or a dessert with a note — for a guest (the "Recipient") at a restaurant, hotel, spa, or other venue (the "Venue").

Bene coordinates; the Venue provides. Bene does not prepare, serve, deliver, or provide any food, beverage, product, or service itself. The Venue is solely responsible for the goods and services delivered as part of any moment, including their quality, safety, preparation, and the manner of their service. Bene's role is limited to coordinating the request, handling payment, and communicating between the Sender and the Venue.

2. Eligibility

You must be at least 18 years old and able to form a binding contract to use Bene. By using the service you represent that you meet these requirements.

3. How a moment works

  1. The Sender submits a request describing the Recipient, the Venue, the desired gesture, and a budget.
  2. Bene places a payment authorization hold on the Sender's payment method for the estimated total (see Section 5).
  3. Bene coordinates with the Venue, which confirms it can fulfill the request or proposes a substitute within budget.
  4. The Venue delivers the gesture during the Recipient's visit.
  5. After delivery, Bene captures payment for the actual amount and pays the Venue.

4. Sender responsibilities and the Recipient information you provide

By submitting a request, the Sender represents and warrants that:

  • The Sender personally knows the Recipient and has a legitimate, good-faith relationship with them (for example as a friend, family member, partner, or colleague).
  • The information the Sender provides about the Recipient — including their name, the phone number on the booking, the Venue, and the reservation date and time — is accurate and was obtained legitimately through that relationship.
  • The Sender is authorized to arrange a gesture for the Recipient and to share the Recipient's information with Bene for the limited purpose of coordinating the moment.
  • The personal message the Sender provides is their own, lawful, and not harassing, threatening, deceptive, or otherwise inappropriate.

Bene relies on these representations. Bene does not independently verify the relationship between Sender and Recipient beyond requiring the identifying details above (the "knowledge gate"). The Sender is solely responsible for the accuracy of the information provided and for any consequences of providing inaccurate information.

5. Payment, authorization holds, and what you are charged

  • Authorization hold. When a request is submitted, Bene places an authorization hold on the Sender's payment method through our payment processor (Stripe). This is a hold, not a final charge.
  • Capture of the actual amount. After the Venue confirms delivery, Bene captures payment for the actual delivered amount, which will never exceed the authorized hold. Any unused portion of the hold is released.
  • What the total includes. The Sender's total consists of the item's retail value, applicable sales tax, a gratuity designated for Venue staff, and Bene's coordination fee. Bene's coordination fee is 10% of the item value, with a $10 minimum, and is paid by the Sender.
  • You are never charged more than the authorized hold.

6. If a moment cannot be delivered

If the Venue is unable to deliver the gesture, or the moment is cancelled before delivery, the authorization hold is released and the Sender is not charged for the undelivered gesture. Bene does not guarantee that any Venue will accept or successfully deliver any moment. Coordination depends on the Venue's availability, capacity, and discretion.

7. Sales tax

Where a Bene moment is subject to sales tax, Bene collects the applicable sales tax from the Sender and is responsible for remitting it to the relevant taxing authority. Whether and how much sales tax applies depends on what is provided and where it is delivered (for example, prepared food and drink served at a restaurant are generally taxable; some services may be taxed differently or not at all). Bene handles the sales-tax collection and remittance on taxable moments so that the Sender sees a single, complete total.

8. Alcohol and regulated items

Where a moment involves alcohol or any other regulated item, the Venue is the licensee and retains sole discretion and responsibility over whether and how the item is served, including verifying that the Recipient is of legal drinking age (21+ where applicable) and complying with all applicable laws and the Venue's own policies. Bene does not serve, sell, or furnish alcohol. The Venue may decline or substitute any item at its discretion.

9. Allergies, dietary needs, and Recipient safety

Senders should disclose known allergies or dietary restrictions, and Bene will flag them to the Venue. However, the Venue is solely responsible for the safe preparation and service of any item, including handling allergens. Bene does not prepare food or beverages and cannot guarantee against cross-contamination or error. Neither Bene nor the Sender can substitute for the Recipient's own awareness of their dietary needs.

10. Cancellations

A moment may be cancelled before delivery by the Sender or by Bene (for example if the Venue declines, the request cannot be fulfilled, or the request violates these Terms). On cancellation, the authorization hold is released.

11. Acceptable use

You agree not to use Bene to: harass, threaten, deceive, or harm any person; send gestures to someone you do not genuinely know; provide false information; infringe anyone's rights; or violate any law. Bene may refuse, cancel, or decline to coordinate any request at its sole discretion.

12. Intellectual property

The Bene name, brand, website, and platform are the property of SendBene LLC. These Terms do not grant you any right to use Bene's trademarks or content except as necessary to use the service.

13. Third-party services

Bene relies on third-party providers (including Stripe for payments, and others described in our Privacy Policy). Your use of the service may be subject to those providers' terms. Bene is not responsible for the acts or omissions of third parties, including Venues.

14. Disclaimers

The service is provided "as is" and "as available." To the fullest extent permitted by law, Bene disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. Bene does not warrant that any moment will be accepted, delivered, or delivered as described, or that the service will be uninterrupted or error-free.

15. Limitation of liability

To the fullest extent permitted by law, Bene's total liability for any claim arising out of or relating to the service will not exceed the greater of (a) the amount the Sender paid Bene for the specific moment giving rise to the claim, or (b) one hundred U.S. dollars ($100). Bene will not be liable for indirect, incidental, special, consequential, or punitive damages, or for the acts, omissions, goods, or services of any Venue.

16. Indemnification

You agree to indemnify and hold harmless SendBene LLC and its members from any claims, damages, or expenses arising out of your use of the service, your breach of these Terms, or the information you provide (including Recipient information).

17. Governing law and disputes

These Terms are governed by the laws of the State of New York, without regard to conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the service will be resolved in the state or federal courts located in New York County, New York, and you consent to their jurisdiction.

18. Electronic communications

By using Bene, you consent to receive communications from us electronically — including agreements, notices, disclosures, and other information — and you agree that electronic delivery satisfies any legal requirement that such communications be in writing. This consent is given under the federal E-SIGN Act and applicable state law.

19. Severability

If any provision of these Terms is held invalid or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

20. Entire agreement

These Terms, together with the Privacy Policy and any SMS terms, constitute the entire agreement between you and Bene regarding the service and supersede any prior agreements.

21. Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. Bene may assign these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, or sale of assets.

22. Force majeure

Bene is not liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, natural disasters, epidemics or pandemics, labor disputes, utility or network failures, cyberattacks, or government action.

23. Waiver

Bene's failure to enforce any provision of these Terms is not a waiver of its right to do so later.

24. Notices

We may provide notices to you by email or by posting on sendbene.com. You may send notices to us at hello@sendbene.com.

25. Changes to these Terms

Bene may update these Terms from time to time. Material changes will be reflected by updating the effective date above. Continued use of the service after changes constitutes acceptance.

26. Contact

Questions about these Terms: hello@sendbene.com

SendBene LLC · New York, NY

Privacy·Terms·hello@sendbene.com