Terms of Service

1. Acceptance of Terms

By accessing or using Benchify ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.

If you do not agree to these Terms, you may not use the Service.

2. Description of Service

Benchify is a structured benchmarking platform that allows users to define categories, items, measurements, and conditions, run comparison projects, and visualise results through interactive charts. The Service is provided on a subscription basis, with a free tier available subject to usage limits.

3. Account Registration

To use the Service you must create an account. You agree to:

• Provide accurate and complete registration information
• Keep your login credentials confidential
• Notify us immediately of any unauthorised access to your account
• Be responsible for all activity that occurs under your account

You must be at least 16 years old to create an account. We reserve the right to suspend or terminate accounts that provide false information.

4. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law or regulation
• Infringe the intellectual property rights of any third party
• Upload or transmit malicious code, viruses, or harmful content
• Attempt to gain unauthorised access to our systems or other users' data
• Scrape, crawl, or systematically extract data from the Service without permission
• Resell or sublicense access to the Service without our written consent
• Use the Service in any way that could damage, disable, or impair it

We reserve the right to investigate suspected violations and suspend or terminate accounts in breach of this section.

5. Your Data and Content

You retain full ownership of all data and content you create within the Service, including categories, items, measurements, results, and charts ("Your Content").

By using the Service, you grant Benchify a limited, non-exclusive licence to store, process, and display Your Content solely for the purpose of providing the Service to you. We do not claim ownership of Your Content and will never use it for advertising, training machine learning models, or sharing with third parties beyond what is described in our Privacy Policy.

You are responsible for ensuring that Your Content does not violate any third-party rights or applicable laws.

6. Plans and Payments

Benchify offers a free tier and paid plans. Paid plan features, limits, and pricing are described on our pricing page. By activating a paid plan:

• You authorise us to charge the applicable fees to your payment method
• Fees are non-refundable except where required by law
• We may change pricing with reasonable notice; continued use after a price change constitutes acceptance

If a paid plan expires or payment fails, your account will revert to the free tier limits. Your data is retained; you will simply lose access to paid-tier features until renewed.

7. Intellectual Property

The Benchify name, logo, product design, and all software underlying the Service are the exclusive intellectual property of Benchify. Nothing in these Terms grants you any right to use our trademarks, logos, or other proprietary materials without our prior written consent.

8. Availability and Modifications

We aim to keep the Service available and reliable, but we do not guarantee uninterrupted uptime. We may perform maintenance, updates, or modifications at any time and will endeavour to provide advance notice for planned downtime.

We reserve the right to modify or discontinue any part of the Service at any time. We will provide reasonable notice of material changes.

9. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be error-free, secure, or uninterrupted.

10. Limitation of Liability

To the maximum extent permitted by applicable law, Benchify and its affiliates, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, revenue, or profits, arising out of or in connection with your use of the Service, even if advised of the possibility of such damages.

Our total aggregate liability to you for any claim arising under these Terms shall not exceed the greater of (a) the amount you paid us in the 12 months preceding the claim, or (b) USD 100.

11. Indemnification

You agree to indemnify and hold harmless Benchify and its affiliates from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from your use of the Service, your violation of these Terms, or your infringement of any third-party rights.

12. Termination

You may terminate your account at any time by contacting us or using the account deletion option in settings. We may suspend or terminate your access if you breach these Terms, with or without prior notice depending on the severity of the breach.

Upon termination, your right to use the Service ceases immediately. We will delete your data in accordance with our Privacy Policy.

13. Governing Law

These Terms are governed by and construed in accordance with applicable law. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts in the jurisdiction where Benchify is registered, unless applicable consumer protection law requires otherwise.

14. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email or by displaying a notice in the application at least 14 days before they take effect. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

15. Contact Us

If you have any questions about these Terms, please contact us at: