1. DEFINITIONS.

• “Account” means an account you create (or we create for you at your request) to access certain parts of the Services.

• “Client Materials” means information, content, instructions, preferences, documents, images, messages, and other materials you provide or make available in connection with the Services.

• “Fees” means all fees, charges, deposits, subscriptions, and other amounts payable for Services, as described on the Site, in an order form, statement of work, proposal, invoice, or other written confirmation issued by Maison Benjamin.

• “Maison Benjamin,” “we,” “us,” and “our” have the meaning stated above.

• “Service Providers” means third parties that provide services on our behalf (such as payment processors, website hosting providers, analytics providers, communications providers, and customer support tools).

• “Services” means (i) the Maison Benjamin lifestyle management, lifestyle concierge, and property management services, (ii) the website located at www.maisonbenjamin.com and any related pages, content, features, communications, or tools (the “Site”), and (iii) any other services that we make available that link to or reference these Terms. For clarity, Maison Benjamin does not sell products through the Site.

• “Site” means the website identified above and any related web pages that link to these Terms.

• “Third-Party Vendors” means third parties you ask us to coordinate with, or that may be involved in fulfilling your requests (for example, venues, contractors, repair providers, household service vendors, transportation providers, personal service providers, or other providers), whether engaged by you directly or introduced or coordinated by us.

• “User Content” means content you submit or transmit through the Services, including Client Materials.

• “You” and “your” mean the individual or entity using the Services. If you use the Services on behalf of an entity, you represent you have authority to bind that entity, and “you” includes that entity.

2. ELIGIBILITY; NO USE BY MINORS.

The Services are intended for adults. You must be at least 18 years old to use the Services. By using the Services, you represent that you meet this requirement.

3. SCOPE OF SERVICES; RELATIONSHIP TO THIRD-PARTY VENDORS.

• Concierge and Management Services. Maison Benjamin provides lifestyle management, concierge, and property management services, which may include making recommendations, arranging reservations, coordinating vendors, scheduling, and facilitating communications.

• No Vendor Control; No Agency for You. Unless expressly agreed in writing, Maison Benjamin is not a party to any contract between you and any Third-Party Vendor. Third-Party Vendors are independent third parties, and we do not control them. We do not guarantee their availability, pricing, performance, quality, safety, legality, or suitability.

• You Are Responsible for Vendor Decisions. You are responsible for reviewing and approving vendor selections, quotes, schedules, and terms; ensuring vendor work meets your requirements; and complying with any vendor policies, instructions, and terms.

• No Professional Advice. Any information we provide is for general assistance and convenience and is not legal, tax, financial, medical, or other professional advice. You should consult appropriate professionals for advice specific to your circumstances.

4. ACCOUNT REGISTRATION AND SECURITY.

• Account Information. You agree to provide accurate, current, and complete information and to keep it updated.

• Account Security. You are responsible for maintaining the confidentiality of your credentials and for all activity under your Account. Notify us promptly of any unauthorized use or security incident involving your Account.

• Access Changes. We may suspend or terminate access to your Account as permitted under these Terms.

5. REQUESTS, SCHEDULING, AND CLIENT INSTRUCTIONS.

• Requests. You may submit requests through the Site, email, text, phone, chat, or other channels we support. Your requests and instructions must be lawful and must not require us to violate any law or third-party rights.

• Approvals. Unless we expressly agree otherwise in writing, you are responsible for approving material decisions (including vendor selection, budgets, and final arrangements). If you ask us to proceed without prior approval for each step, you authorize us to act within your stated budget and parameters.

• Accuracy of Client Materials. You are responsible for the accuracy and completeness of Client Materials and for providing timely responses to questions and approvals. Delays in approvals or incomplete information may impact timelines and outcomes.

6. FEES, PAYMENTS, AND TAXES.

• Fees. You agree to pay all Fees when due. Fees and billing terms may be described on the Site and/or in an order form, proposal, statement of work, membership description, invoice, or other written confirmation.

• Payment Processing. Payments may be processed by third-party payment processors. Maison Benjamin does not store full payment card numbers. Your payment is subject to the processor’s terms and privacy practices.

• Disbursements and Vendor Charges. Third-Party Vendor charges (including deposits, cancellation charges, gratuities, and other fees) may be billed directly by the vendor to you or may be paid by Maison Benjamin on your behalf if you authorize us to do so. If we pay a vendor on your behalf, you authorize us to charge your approved payment method or invoice you for reimbursement, as applicable.

• No Setoff. You may not withhold or set off amounts due to Maison Benjamin except as required by law.

• Taxes. Fees are exclusive of taxes unless expressly stated otherwise. You are responsible for applicable taxes, duties, and similar governmental charges.

• Late Payments. Past-due amounts may accrue interest at the lesser of (i) 1.5% per month or (ii) the maximum rate permitted by law, plus reasonable costs of collection.

• No Refunds; Credits. Unless expressly stated in writing, Fees are nonrefundable. We may, in our discretion, offer credits or partial refunds in individual circumstances, but are not obligated to do so.

7. CANCELLATIONS AND CHANGES.

• Your Cancellations. If you cancel or reschedule a request, you are responsible for any vendor-imposed cancellation, change, or rescheduling fees and any Maison Benjamin time already spent.

• Vendor Policies. Vendors may have separate cancellation and refund policies. You are responsible for reviewing and complying with them.

• Service Changes. We may need to change or cancel arrangements due to vendor availability, safety concerns, legal requirements, or other circumstances outside our control. We will use commercially reasonable efforts to notify you and propose alternatives.

8. ACCEPTABLE USE. You will not (and will not allow anyone else to):

• Use the Services for unlawful, fraudulent, harmful, or abusive activities;

• Interfere with or disrupt the Services, systems, or networks;

• Attempt to gain unauthorized access to the Services or other users’ accounts;

• Scrape, harvest, or collect personal information from the Services except as permitted by law and these Terms;

• Reverse engineer, decompile, or attempt to discover source code or underlying components of the Services, except to the extent such restriction is prohibited by law;

• Post or transmit any content that is infringing, defamatory, obscene, or otherwise objectionable; or

• Use the Services to send unsolicited or unauthorized advertising or spam.

9. INTELLECTUAL PROPERTY.

• Our IP. The Services, Site, and all related content and materials (excluding User Content) are owned by Maison Benjamin or its licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes (as applicable) in accordance with these Terms.

• Restrictions. You may not copy, modify, distribute, sell, lease, publicly display, publicly perform, or create derivative works of the Services except as expressly permitted by these Terms.

• Feedback. If you provide suggestions or feedback, you grant Maison Benjamin a perpetual, irrevocable, worldwide, royalty-free license to use it without compensation or attribution.

10. USER CONTENT; CLIENT MATERIALS.

• Your Rights. As between you and Maison Benjamin, you retain your rights in your User Content.

• License to Us. You grant Maison Benjamin and its Service Providers a non-exclusive, worldwide, royalty-free license to host, store, use, reproduce, modify (for formatting and operational purposes), and display User Content only as necessary to provide, secure, and improve the Services and to comply with law.

• Your Responsibilities. You represent that you have all rights necessary to provide User Content and that it does not violate law or third-party rights.

• Confidentiality of Client Materials. We will use commercially reasonable efforts to treat Client Materials as confidential and to use them only to provide the Services, subject to disclosures permitted by our Privacy Policy and applicable law (including compelled disclosure).

11. PRIVACY.

Our collection and use of personal information is described in our Privacy Policy located at www.maisonbenjamin.com, which is incorporated into these Terms by reference. By using the Services, you acknowledge that you have read and understand the Privacy Policy.

12. COMMUNICATIONS; TEXT MESSAGES; MARKETING.

• Service Communications. You consent to receive communications from us related to the Services, including by email, phone, or text message, as permitted by law.

• Marketing Communications. Where required by law, we will obtain your consent before sending marketing messages. You can opt out of marketing emails at any time by using the unsubscribe link in the email or contacting us at welcome@maisonbenjamin.com.

• SMS Terms. If you opt in to receive SMS messages, message and data rates may apply. You can opt out by replying STOP (or as otherwise instructed). SMS delivery is not guaranteed and depends on your carrier and device.

13. DISCLAIMERS.

• Services Provided “As Is.” The Services are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, Maison Benjamin disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

• No Guarantee of Outcomes. We do not guarantee that the Services will meet your requirements, be uninterrupted, timely, secure, or error-free, or that any particular outcome will be achieved.

• Third-Party Vendors and Third-Party Services. We are not responsible for Third-Party Vendors or third-party websites, services, or content that may be linked through the Services. Your dealings with Third-Party Vendors are between you and the vendor.

14. LIMITATION OF LIABILITY.

• Indirect Damages. To the maximum extent permitted by law, Maison Benjamin will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, goodwill, data, or business opportunities, arising out of or related to the Services or these Terms, even if we have been advised of the possibility of such damages.

• Liability Cap. To the maximum extent permitted by law, Maison Benjamin’s total liability arising out of or related to the Services or these Terms will not exceed Thirty Thousand Dollars ($30,000.00)

• Basis of the Bargain. You acknowledge that the limitations in this section are a fundamental basis of the bargain between you and Maison Benjamin.

• Exceptions. Some jurisdictions do not allow certain limitations. Nothing in these Terms limits liability for fraud, willful misconduct, or any liability that cannot be limited under applicable law.

15. INDEMNIFICATION.

You will defend, indemnify, and hold harmless Maison Benjamin, its affiliates, and their respective owners, directors, officers, employees, and agents from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services; (b) your User Content or Client Materials; (c) your instructions or requests, including requests involving Third-Party Vendors; or (d) your violation of these Terms or applicable law.

16. SUSPENSION AND TERMINATION.

• By You. You may stop using the Services at any time. If you have a subscription or membership, cancellation terms may be described in your plan or written agreement.

• By Us. We may suspend or terminate your access to the Services (including your Account) at any time if: (a) you breach these Terms; (b) your use poses a security risk; (c) we are required to do so by law; or (d) continued provision of the Services is not commercially practicable.

• Effect of Termination. Upon termination, your right to use the Services will stop. Sections that by their nature should survive will survive, including Sections 9–16 and any payment obligations incurred before termination.

17. DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER.

• Informal Resolution. Before filing a claim, you agree to contact us at welcome@maisonbenjamin.com and provide a brief written description of the dispute and your contact information. The parties will attempt in good faith to resolve the dispute informally within 30 days.

• Binding Arbitration. Except for disputes that qualify for small claims court or where a party seeks injunctive relief for misuse of intellectual property, any dispute, claim, or controversy arising out of or related to these Terms or the Services will be resolved by binding arbitration administered by American Arbitration Association under its applicable rules. The arbitration will be conducted by a single arbitrator.

• Location and Procedure. Unless you and Maison Benjamin agree otherwise, the arbitration will take place in Miami, Florida. The arbitrator may conduct proceedings by video, phone, or written submissions where appropriate.

• Class Action Waiver. You and Maison Benjamin agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, private attorney general, or representative proceeding.

• Severability (Arbitration). If the class action waiver is found unenforceable, then the arbitration agreement will be unenforceable as to that dispute, and the dispute will proceed in court, subject to Section 18.

18. GOVERNING LAW; VENUE.

These Terms are governed by the laws of the State of Florida, without regard to conflict of laws principles. Subject to Section 17 (Arbitration), the parties agree that any judicial proceeding will be brought in the state or federal courts located in Miami Dade County, Florida, and each party consents to personal jurisdiction and venue there.

19. NOTICES.

• Notices to You. We may provide notices to you by email, through the Site, by text (if you have opted in), or by other reasonable means. Notices are effective when sent or posted.

• Notices to Us. You may send notices to us at welcome@maisonbenjamin.com and by mail to Maison Benjamin LLC, 5700 Biscayne Boulevard, Suite 501, Miami Florida 33137 USA. We may require certain notices to be sent by mail.

20. CHANGES TO THE SERVICES OR THESE TERMS.

We may modify these Terms from time to time. We will post the updated Terms on the Site and update the “Last Updated” date. Changes apply prospectively from the effective date of the updated Terms. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms.

21. MISCELLANEOUS.

• Entire Agreement. These Terms, together with the Privacy Policy and any additional written terms you agree to (such as an order form or plan terms), form the entire agreement between you and Maison Benjamin regarding the Services and supersede prior or contemporaneous understandings.

• Severability. If any provision is held unenforceable, the remaining provisions will remain in effect.

• No Waiver. Failure to enforce any provision is not a waiver.

• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a corporate transaction or otherwise.

• No Third-Party Beneficiaries. Except as expressly stated, there are no third-party beneficiaries to these Terms.

• Headings. Headings are for convenience only and do not affect interpretation.