TERMS OF USE
Benny is not a real person. helpbenny.lol is a commercial digital entertainment product. Benny is a fictional pixel-art character invented for this website.
Money you spend here is the price of participating in a shared online experience. It is not a donation, it is not charity, it is not a fundraiser, and none of it reaches a homeless person or any person in need. If you want to help someone who is genuinely homeless, please give to a registered charity instead.
1. WHO WE ARE AND WHAT THESE TERMS COVER
These Terms of Use (the "Terms") govern your use of helpbenny.lol (the "Service") and any purchase you make on it. The Service is operated by the operator identified at the foot of this page ("we", "us"). By using the Service or making a purchase you agree to these Terms. If you do not agree, please do not use the Service.
2. WHAT YOU ARE BUYING
The Service displays a single fictional character, Benny, together with a global progress counter and a public leaderboard. When you complete a purchase, the amount you paid is added to the global counter, which may advance Benny's visual stage for every visitor, and your chosen nickname may be listed publicly among the largest purchases.
You are buying digital content in the form of:
- participation in the shared global progress of the experience;
- an entry in the public leaderboard under the nickname you choose, or anonymously.
You are not buying: a physical item, a downloadable file, a licence to any artwork, an investment, a share, a token, a stake of any kind, a lottery or wager entry, or any benefit to a real person or organisation. You receive no ownership, intellectual-property rights or financial return of any kind.
3. ELIGIBILITY
You must be at least 18 years old and legally able to enter into a contract to make a purchase. By purchasing, you confirm that you are. You must use your own payment method, or one you are expressly authorised to use.
4. PRICES, CURRENCY AND TAX
You choose your own amount, from a minimum of USD 1 to a maximum of USD 10,000 per single purchase. All prices are shown and charged in US dollars (USD). Your bank or card issuer may apply its own currency conversion or foreign-transaction fees, which we do not control and do not receive.
The amount you choose is the total amount you pay. Where value added tax (VAT) or an equivalent sales tax is due, it is included in that amount and is calculated according to your country of residence.
Payments are processed by Stripe. We never see or store your full card number. A receipt is issued by Stripe to the email address you provide during checkout.
5. HOW A PURCHASE IS CONCLUDED
Selecting an amount and pressing the upgrade button is an offer to buy. The contract is concluded when your payment is successfully authorised and confirmed by Stripe. If a payment fails, is reversed, is refunded or is charged back, the corresponding amount is removed from the global total and from the leaderboard, and a visual stage may be re-locked as a result.
6. YOUR NICKNAME AND PUBLIC DISPLAY
You may enter a public nickname or choose to remain anonymous. Nicknames may contain only letters, numbers, spaces, hyphens and underscores, and are limited to 20 characters.
You must not use a nickname that:
- is unlawful, threatening, abusive, obscene, hateful or discriminatory;
- impersonates another person, a business, or a public institution;
- infringes anyone's trade mark, name or other rights;
- contains advertising, a URL, or contact details;
- suggests that the Service is a charity, a fundraiser, or connected to one.
We may remove or replace a nickname that breaches these rules, at any time and without notice. Removing a nickname does not entitle you to a refund, and does not remove the purchase from the global total. If you want your nickname removed, write to us at kontakt@nush.pl and we will replace it with "ANONYMOUS".
7. RIGHT OF WITHDRAWAL AND REFUNDS
If you are a consumer in the European Union or the European Economic Area, you normally have 14 days to withdraw from a distance contract without giving a reason. Because the upgrade is applied immediately, you are asked at checkout to request immediate performance and to acknowledge that you lose that right once it is applied.
Your rights, the exact effect of that acknowledgement, and how to ask for your money back are set out in full in our Refunds and Withdrawal Policy, which forms part of these Terms.
8. COMPLAINTS
If something is wrong, email kontakt@nush.pl with your Stripe receipt or checkout reference and a description of the problem. We will acknowledge your complaint and respond substantively within 14 days of receiving it. If we do not respond within that period, your complaint is treated as accepted.
Consumers may also use out-of-court complaint and redress procedures. In Poland these include the permanent consumer arbitration courts and the trade inspection mediation procedures at the Wojewódzkie Inspektoraty Inspekcji Handlowej, and free assistance from a municipal or district consumer ombudsman (rzecznik konsumentów) or from the Office of Competition and Consumer Protection (UOKiK). Using these routes is voluntary for both sides.
9. AVAILABILITY OF THE SERVICE
We aim to keep the Service available, but it is an online art project rather than critical infrastructure. We do not guarantee uninterrupted availability, and we may change, suspend or discontinue any part of it, including the leaderboard and the visual stages.
The Service will not run forever. A purchase does not buy a permanent, perpetual or guaranteed display. If we discontinue the Service, entries and progress may cease to be visible. This does not give rise to a refund of purchases already performed, and does not affect refunds you are already entitled to under section 7.
10. ACCEPTABLE USE
You must not:
- use the Service for money laundering, fraud, or to test stolen payment credentials;
- use stolen, unauthorised or third-party payment methods;
- attempt to manipulate the counter or leaderboard other than by paying for it;
- attempt to gain unauthorised access to the Service, its systems or its data;
- place automated, excessive or disruptive load on the Service;
- misrepresent the Service to others as a charity or a fundraiser.
We may suspend access, cancel a purchase and refund it, or refuse further purchases, where we reasonably suspect abuse, fraud or unlawful use.
11. TECHNICAL REQUIREMENTS
To use the Service you need an internet-connected device with a current web browser with JavaScript and cookies enabled, and a valid email address and payment method accepted by Stripe. We are not responsible for problems caused by your device, browser, network or payment provider.
12. INTELLECTUAL PROPERTY
All artwork, code, text and design on the Service belong to us or to our licensors. You may share and link to the Service. You may not copy, resell or commercially reuse its assets without our written permission. Making a purchase does not transfer any rights in the artwork to you.
13. LIABILITY
Nothing in these Terms limits liability that cannot be limited by law, including liability for death or personal injury caused by negligence, for fraud, or for a consumer's statutory rights.
Subject to that, and because the Service is entertainment rather than a functional product, our total liability arising out of or in connection with the Service or any purchase is limited to the amount you paid in the twelve months before the event giving rise to the claim. We are not liable for indirect or consequential loss, or for loss of profit, data or goodwill.
14. CHANGES TO THESE TERMS
We may update these Terms, for example to reflect legal or operational changes. The version published on this page when you make a purchase is the version that governs that purchase. Material changes will be reflected in the "last updated" date at the top of this page.
15. GOVERNING LAW AND JURISDICTION
These Terms are governed by the law of Poland. If you are a consumer resident in the European Union or the European Economic Area, this choice of law does not deprive you of the protection of the mandatory consumer-protection rules of the country where you habitually reside, and you may bring proceedings in the courts of that country.
16. CONTACT
For anything covered by these Terms, write to kontakt@nush.pl. Our full identification details are below.
OPERATOR
Mikołaj Wolski and Łukasz Michalak
Independent operators based in Poland.
Email: kontakt@nush.pl