Introduction
Welcome to Benchmark Data Inc.! We’re thrilled to have you here. Before you start using our services, please carefully read and accept these terms. We’ve simplified the language to ensure clarity, so you know exactly what you’re agreeing to. These terms outline your legal rights and obligations, so it’s important to review them fully. If you have any questions after reading these terms, please contact us. We’re here to assist you.
Last updated on September 9th, 2024.
This Terms of Service Agreement (“Agreement”) is made between Benchmark Data, Inc. (“Benchmark Data” or “Benchmark Data Suite”) and the users (“Users” or “you”) of the Benchmark Data website at benchmarktm.com and
1. Joining and Using Our Services
1.1 Account Registration:
To use our services, you must create an account. You agree to provide accurate and complete information during the registration process and keep this information updated.
1.2 Eligibility:
You must be at least 18 years old and legally able to enter into a contract to use our services.
1.3 Account Responsibility:
You are responsible for all activities that occur under your account. You must keep your login details secure and notify us immediately of any unauthorized use.
1.4 Service Availability:
Our services are available worldwide, but specific features may vary depending on your location.
2. Pricing and Payments
2.1 Subscription Fees:
Your access to our services requires payment of a subscription fee. The fee is based on the plan you select and is billed monthly or annually, as chosen during registration.
2.2 Free Trials and Promotions:
We may offer free trials or promotional pricing from time to time. After the trial or promotion period ends, standard fees will apply unless you cancel your subscription.
2.4 Payment Methods:
Payments can be made via credit card, bank transfer, or other methods specified during registration. You authorize us to charge your payment method for the subscription fees.
2.7 Refunds:
Subscription fees are non-refundable, except where required by law or explicitly stated in a specific promotion.
3. Data Use and Privacy
3.1 Data Collection:
We collect personal data such as your name, email address, and usage data to provide and improve our services. Our Privacy Policy provides more details on data collection practices.
3.2 Data Usage:
Your data is used to deliver our services, improve our offerings, and communicate with you. We may also use aggregated data for research and analysis.
3.3 Data Protection:
We implement industry-standard security measures to protect your data. However, you acknowledge that no system is entirely secure, and we cannot guarantee absolute security.
3.4 Third-Party Services:
We may share your data with third-party service providers who assist in delivering our services. These providers are bound by confidentiality agreements and are only allowed to use your data as necessary to provide their services.
3.5 Data Retention Clause
Upon account termination, client data will be retained for a period of 30 days to allow for retrieval and service continuity, after which all data will be permanently deleted. Additional data retention options are available upon request.
4. Confidential Information
4.1 Definition of Confidential Information:
Confidential information includes any non-public information disclosed by either party that is marked as confidential or would reasonably be considered confidential under the circumstances.
4.2 Obligations:
Each party agrees to take reasonable precautions to protect the other’s confidential information and not to disclose it to any third party without the other party’s consent.
4.3 Exceptions:
Confidential information does not include information that is already public, independently developed without using the other party’s confidential information, or required to be disclosed by law.
5.1 Security Measures:
We use industry-standard security protocols to protect your data. This includes encryption, firewalls, and secure data storage.
5.2 User Responsibilities:
You are responsible for maintaining the security of your account by using strong passwords, enabling multi-factor authentication, and notifying us of any suspicious activity.
5.3 Security Breaches:
In the event of a security breach, we will notify you as soon as possible and take all necessary steps to mitigate the impact.
6. Apps and Third-Party Products
6.1 Integration with Third-Party Products:
Our services may include integrations with third-party apps and products. While we strive to work with trusted partners, we are not responsible for their actions, content, or data practices.
6.2 Third-Party Terms:
Your use of third-party products is subject to their own terms of service and privacy policies. We encourage you to review these documents carefully.
6.3 App Store:
Our app store provides access to various tools and services. We do not warrant the functionality, security, or privacy of any third-party products available in the app store.
7. Maintenance, Downtime, and Data Loss
7.1 Scheduled Maintenance:
We may schedule maintenance to update and secure our services. We will provide advance notice whenever possible.
7.2 Unscheduled Downtime:
While we strive for 24/7 availability, there may be periods of unscheduled downtime due to technical issues. We will work to resolve these as quickly as possible.
7.3 Data Loss:
Data loss can occur due to various reasons, including hardware failures, software bugs, or user error. We recommend regularly backing up your data.
8. Permitted and Prohibited Use
8.1 Permitted Use:
You may use our services only for lawful purposes and in accordance with these terms.
8.2 Prohibited Use:
You may not use our services to engage in illegal activities, distribute harmful software, violate others’ rights, or interfere with the operation of our services. You may not use the Site or the services offered by Benchmark Data for any unlawful purpose or in any manner that could damage, disable, overburden, or impair the Site. You may not attempt to gain unauthorized access to the Site or to Benchmark Data’s systems or networks. You may not interfere with any other User’s use of the Site or the services offered by Benchmark Data.
8.3 Content Standards:
Any content you upload or share through our services must comply with applicable laws and not infringe on the rights of others.
8.4 Termination:
We reserve the right to terminate or suspend your account if you violate these terms or engage in prohibited activities.
9. Intellectual Property
9.1 Intellectual Property: The contact on the Site, including but not limited to text, graphics, logos, images and software, is the property of Benchmark Data or its licensors and is protected by copyright, trademark and other intellectual property laws. You must not use the Site or the content on the Site for any purpose other than as expressly authorized by Benchmark Data.
10. Liability and Indemnity
10.1 Limitation of Liability:
To the maximum extent permitted by law, Benchmark Data Inc. shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the use of our services. IN NO EVENT SHALL BENCHMARK DATA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, OR LOSS OF USE, ARISING FROM YOUR USE OF THE SITE OR THE SERVICES OFFERED BY BENCHMARK DATA, EVEN IF BENCHMARK DATA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.2 Indemnification:
You agree to indemnify and hold harmless Benchmark Data Inc., its officers, directors, agents, employees and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including any reasonable attorneys’ fees, arising from or related to your use of our Site and/or services or your violation of these terms.
10.3 Exclusions:
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain types of damages, so the above limitations may not apply to you.
11. Disputes
11.1 Governing Law:
These terms are governed by and construed in accordance with the laws of the country in which we do business, without regard to its conflict of law principles.
11.2 Arbitration:
Any disputes arising out of or relating to these terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
11.3 Venue:
The exclusive venue for any legal action arising out of these terms shall be the state or federal courts located in Chicago, Illinois.
11.4 Class Action Waiver:
You agree to waive any right to participate in a class action lawsuit or class-wide arbitration against Benchmark Data Inc.
12. Changes to the Terms
12.1 Updates:
We may update these terms occasionally to reflect changes in our services or legal requirements. We will notify you of significant changes via email or through our website.
12.2 Acceptance of Changes:
Your continued use of our services after the updated terms have been posted constitutes your acceptance of the changes.
13. Contact Us
13.1 Support:
For any questions or concerns about these terms or our services, please contact us at support@benchmarktm.com or visit our support page.
