These BenchMark Artificial Intelligence Terms & Conditions (“AI Terms”) constitute a legally binding agreement between you, either an individual or a representative of an entity (“User”), and BenchMark.IS, including its affiliates (“BenchMark”). These AI Terms govern your access to and use of BenchMark’s AI-powered services, including chatbots, analytics tools, and other AI functionalities (collectively, “AI Services”). By accessing or using the AI Services, you agree to be bound by these AI Terms, BenchMark’s general Terms of Use, Privacy Policy, and any applicable laws and regulations.
BenchMark provides AI Services that may include, but are not limited to, data analysis, predictive modeling, chatbot interactions, and other AI-driven functionalities. These services are designed to assist Users in various tasks, including customer engagement, data analysis, and decision-making support. The AI Services are subject to continuous updates and modifications at BenchMark's discretion.
Subject to these AI Terms, BenchMark grants you a limited, non-exclusive, non-transferable, and non-sublicensable license to access and use the AI Services solely for your internal business purposes. You shall not use the AI Services for any unlawful activities or purposes that infringe upon the rights of others. You are prohibited from copying, modifying, distributing, selling, or leasing any part of the AI Services, nor may you reverse engineer or attempt to extract the source code of the AI Services, except as laws prohibit these restrictions.
You may provide or input data, content, or information (collectively, “User Data”) into the AI Services. You retain all rights to your User Data but grant BenchMark a non-exclusive, worldwide, royalty-free license to use, copy, modify, and process the User Data solely for the purpose of providing and improving the AI Services. BenchMark will handle and protect User Data in accordance with its Privacy Policy and applicable data protection laws.
BenchMark’s AI Services may rely on or integrate with technologies, services, or APIs provided by third parties (“Third-Party Providers”). Your use of these integrated services may be subject to additional terms and conditions provided by Third-Party Providers. BenchMark is not responsible for the performance or failures of any Third-Party Providers.
BenchMark retains all rights, title, and interest in and to the AI Services, including all related intellectual property rights. Nothing in these AI Terms shall be construed to transfer any such rights to the User, except for the limited license granted herein.
While BenchMark strives to provide reliable and accurate AI Services, due to the inherent complexity and probabilistic nature of AI, BenchMark does not guarantee the accuracy, completeness, or appropriateness of the AI Services’ outputs. You acknowledge that the AI Services should not be relied upon for critical decision-making without independent verification.
You agree to use the AI Services in a responsible manner and not to engage in activities that would disrupt, damage, or negatively impact BenchMark's services or other users. Prohibited activities include transmitting harmful or illegal content, attempting unauthorized access to the AI Services, or using the AI Services in any way that violates applicable laws or regulations.
BenchMark reserves the right to modify these AI Terms at any time. Such modifications will be effective upon posting the revised AI Terms on BenchMark's website or notifying you otherwise. Your continued use of the AI Services after such modifications will constitute your acceptance of the revised AI Terms.
BenchMark may terminate or suspend your access to the AI Services if you violate these AI Terms or for any other reason at BenchMark's sole discretion. Upon termination, your right to access and use the AI Services will immediately cease.
You agree to indemnify, defend, and hold harmless BenchMark, its affiliates, officers, directors, employees, and agents from any and all claims, damages, expenses (including reasonable attorney’s fees), and liabilities arising out of or related to your use of the AI Services, your violation of these AI Terms, or your violation of any rights of a third party.
The AI Services are provided on an “as is” and “as available” basis. BenchMark expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. BenchMark does not warrant that the AI Services will be uninterrupted, timely, secure, or error-free.
To the fullest extent permitted by law, in no event will BenchMark be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to, use of, or inability to access or use the AI Services; (b) any conduct or content of any third party on the AI Services; or (c) unauthorized access, use, or alteration of your transmissions or content.
These AI Terms will be governed by and construed in accordance with the laws of the jurisdiction where BenchMark is headquartered, without giving effect to any principles of conflicts of law. Any legal actions or proceedings arising under these AI Terms shall be brought exclusively in the courts located in the jurisdiction of BenchMark’s headquarters, and the parties hereby consent to the personal jurisdiction and venue therein.
These AI Terms constitute the entire agreement between you and BenchMark concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of BenchMark or by the posting of a revised version by BenchMark. If any part of these AI Terms is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect.