Terms of Use

These Terms of Use ("Terms") govern your access to and use of the website located at benchgen.com and any related services, products, or platforms (collectively, the "Services") provided by Benchgen, Inc. ("Benchgen," "we," "our," or "us").

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, please do not access or use the Services.

1. Eligibility

You must be at least 18 years of age and capable of forming a binding contract to use the Services. By using the Services, you represent and warrant that you meet these requirements and that all information you provide is accurate, current, and complete.

2. Use of the Services

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Services in any way that violates applicable local, national, or international law or regulation.
• Attempt to gain unauthorized access to any portion of the Services or any related systems or networks.
• Interfere with or disrupt the integrity or performance of the Services.
• Reproduce, duplicate, copy, sell, or exploit any portion of the Services without our express written permission.
• Upload or transmit viruses, malware, or any other malicious code.
• Use automated tools (bots, scrapers, crawlers) to access or collect data from the Services without prior written consent.
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.

3. Intellectual Property

All content, features, and functionality of the Services — including but not limited to text, graphics, logos, icons, images, software, and benchmarks — are the exclusive property of Benchgen, Inc. or its licensors and are protected by applicable intellectual property laws.

Nothing in these Terms grants you any right, title, or interest in the Services or our intellectual property other than the limited right to use the Services in accordance with these Terms.

4. User-Submitted Content

If you submit, upload, or otherwise provide any content (e.g., benchmark data, feedback, or information) through the Services, you grant Benchgen a worldwide, non-exclusive, royalty-free license to use, reproduce, process, and display that content solely for the purpose of operating and improving the Services. You represent and warrant that you have all necessary rights to grant this license.

5. Third-Party Links and Services

The Services may contain links to third-party websites or services that are not owned or controlled by Benchgen. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites. We encourage you to review the terms and privacy policies of any third-party sites you visit.

6. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

Benchgen does not warrant that the Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components. Any reliance you place on the Services is strictly at your own risk.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BENCHGEN, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR USE OF OR INABILITY TO USE THE SERVICES; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iii) ANY OTHER MATTER RELATING TO THE SERVICES.

IN NO EVENT SHALL BENCHGEN'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU TO BENCHGEN, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

8. Indemnification

You agree to indemnify, defend, and hold harmless Benchgen, Inc. and its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.

9. Termination

We reserve the right to suspend or terminate your access to the Services at any time and for any reason, including if we reasonably believe you have violated these Terms, without prior notice or liability. Upon termination, all provisions of these Terms which by their nature should survive termination will survive, including intellectual property provisions, disclaimers, and limitations of liability.

10. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in the State of Delaware.

11. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will update the "Last updated" date at the top of this page. Your continued use of the Services after any changes constitutes your acceptance of the new Terms. We encourage you to review these Terms periodically.

12. Contact Us

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