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Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using any GameBench product (the "Services") operated by GameBench Ltd.  ("us", "we", or "our").

Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all users and others who access or use the Services. By accessing or using the Services you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Services.

 

Termination

We may terminate or suspend access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. You may stop use or access of our Services at your discretion at any time without providing notice to Us.

 

Restrictions

Our Service is provided at the pricing listed on our website (“http://www.gamebench.net”) and is subject to change without notice. Access to the Services is on a per seat basis, and we do not support multiple end users sharing a single login. We offer several tiers of Services, including but not limited to Free, Basic, and Premium Services. Large scale and Enterprise license pricing (“Enterprise Pricing”, “Enterprise License”) is decided upon at our discretion, and is negotiated with customers on a case by case basis. The Free tier includes 30 (thirty) minutes of usage per month, and this Allowance is applied per person or organisation. The creation of multiple accounts in order to circumvent this or any other restriction in place is not permitted and is grounds for account termination. Individuals or organisations with non-Free tier accounts are prohibited from utilising Free tier accounts in conjunctions with their own.

 

Violations

In the event that the Restrictions set out in these Terms are breached with regards to organisations or other non-individuals circumventing the monthly Free tier Allowance, We reserve the right to claim monetary compensation by invoicing the offending accounts in line with reasonable higher tier pricing. By utilising Our Services and refusing to adhere to the Restrictions set out in these Terms, You agree to pay the amount owed in the case that this clause is enacted.

Liability

The Services are provided “AS IS”, without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and non-infringement. In no event shall neither party be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the Services or the use or other dealings in the Services. This limitation of liability shall not apply to breaches of confidentiality obligation and/or cases of intentional misconduct or gross negligence.

Through the use of the Services, anonymised data (the “Data”) can and will be collected from your device and stored by us as per our Privacy Policy. “Anonymised” means that the data is being hashed using industry standard technology already at the collection. Only data anonymised in this way will be “Data” under these Terms. Data collected under our Free and Basic Services may be monetized and released to Third Parties (“Others”) for a variety of purposes. Data collected under our Premium Services may not be monetized or released to Others without express written permission by You.

For all Basic and Premium users, we use Stripe Payments Europe, Ltd ("Stripe") as our payment processor. By using the Stripe checkout process, you agree to adhere to Stripe's Terms of Service, found at https://stripe.com/gb/checkout/terms.

By using the Free or Basic Services you agree to waive all rights of ownership over the Data, and provide us with full unreserved rights to store and distribute it as we see fit. By using our Premium Services you agree to provide us with full unreserved rights to store and distribute this Data only to the extent as to be able to provide you the Services.

 

Governing Law

These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

 

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 (thirty) days notice prior to any new Terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Service.

 

Contact Us

If you have any questions about these Terms, please contact us at support@gamebench.net.

 

Terms of Service Last updated: Thursday, September 22nd, 2016.