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, data privacy and confidentiality, 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 an as-licensed basis. We offer several tiers of Services, including but not limited to Free 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 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 any Premium users, we offer the use of Stripe Payments Europe, Ltd ("Stripe") as our payment processor. By using the Stripe payment process, you agree to adhere to Stripe's Terms of Service, found at https://stripe.com/gb/checkout/terms.

By using our Free 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: Tuesday, January 23rd, 2018.


 

Free Trial Terms of Use

INTRODUCTION

These terms of use (Terms) set out the basis on which you may access a free trial (Free Trial) of the software and services more fully described at https://www.gamebench.net/ (Services) and made available by GameBench Limited, a company incorporated in England and Wales (company number: 08187280), having its registered office address at Bristol and Bath Science Park, Dirac Crescent, Emersons Green, Bristol, BS16 7FR (us, we, or our).

These Terms should be read along with our privacy policy available here: https://www.gamebench.net/legal/privacy-policy.

Together, they set out the basis on which you may access and use the Free Trial. By using and accessing the Free Trial you are confirming to us that you have read these Terms and that you agree to be bound by them.

We may revise these Terms at any time. Any changes made to these Terms will be applicable from the date they are published. Please note that if you do not to accept any new Terms we publish then you will no longer be able to access the Free Trial.

ELIGIBILITY

When you submit an inquiry through our website, we will determine your eligibility for the Free Trial at our sole discretion.

You may only use the Free Trial once. If you (or, if you are acting on behalf of a company, any current or previous representative of the company) have applied for or accessed a Free Trial previously, you are not eligible for a Free Trial and must purchase a subscription to the Services in order to access them.

If we determine that you are or were ineligible at any point during or after your Free Trial, we reserve the right to terminate your access to the Free Trial and the Services immediately without notice and you agree to pay us for your access to the Services to date at our then-current pricing.

ACCESS TO THE FREE TRIAL

Subject to our determination that you meet our eligibility criteria, we may offer you a Free Trial. The length of the Free Trial shall be a period of seven (7) days from the date on which we first make such Free Trial available to you, unless terminated earlier in accordance with these Terms (Free Trial Term).

Except as expressly permitted under these Terms or by law, you shall not:
 
a) use, copy, modify, adapt, correct errors, or create derivative works from, the Services;
 
b)decode, reverse engineer, disassemble, decompile or otherwise translate or convert the Services;
 
c) assign, sub-licence, lease, resell, distribute or otherwise deal in or encumber the Services;
 
d) remove or modify any copyright or similar notices, or any of our or any other person's branding, that the Services cause to be displayed when used or that is displayed in any user instructions or supporting documentation provided to you or on any packaging accompanying the Services if delivered on physical media;
 
e) install or use the Services, or permit the Services to be installed or used, on behalf of any third party or otherwise than as permitted under these Terms; or
 
f) attempt to circumvent or interfere with any security features of the Services or the Free Trial.

You shall install and use the Services at all times in accordance with any user instructions and supporting documentation that we provide to you and the Terms and you agree to comply with all instructions that we may give you regarding your use of and access to the Free Trial.

You shall not exceed any usage restrictions notified to you as part of the Free Trial and agree, without prejudice to any other rights or remedies to which we may be entitled, to pay us at our then-current rates for any usage beyond what is permitted under the Free Trial.

You acknowledge that we may monitor, collect, store and use information on your use and the performance of the Services in order to: (a) ensure your compliance with these Terms; (b) detect threats or errors to the Services and our operations; and (c) develop and improve the Services.

You shall notify us in writing immediately If you become aware of any actual or suspected unauthorised installation or use of the Free Trial or the Services.

You will not, and will not allow any third-party to, use or access the Services or any part of them to, directly or indirectly, develop or improve a similar or competing product or service.

TERM AND TERMINATION

We may terminate your access to the Free Trial immediately at any time upon notice to you in writing.

Immediately on termination or expiry of the Free Trial (for any reason), the licences and rights granted by us shall terminate and you shall:

a) stop using and uninstall the Services as applicable; and
 
b) destroy and delete or, if requested by us, return any copies of the Services and supporting documentation.
 
If you wish to continue using the Services after termination or expiry of the Free Trial, please contact us via our website to discuss the paid version of the Services.

Termination or expiry of the Free Trial shall not affect any accrued rights and liabilities of either party at any time up to the date of termination or expiry and shall not affect any provision of these Terms that is expressly or by implication intended to continue beyond termination.

CONFIDENTIALITY

You shall keep confidential all information relating to the Services (including but not limited to source code and login credentials), the Free Trial, the User Manual, and any other technical or operational specifications or data relating to the Services (Confidential Information). You shall not without our prior written consent, disclose, copy or modify the Confidential Information (or permit others to do so) other than as necessary for the performance of your rights and obligations under these Terms.

You undertake to:

a) disclose Confidential Information only to those of your officers, employees, agents and contractors to whom, and to the extent to which, such disclosure is necessary for the purposes contemplated under these Terms, and
 
b) procure that such persons are made aware of and agree in writing to observe the obligations in this clause 5.
 

You shall notify us of any unauthorised misuse, disclosure, theft or loss of Confidential Information immediately upon becoming aware of the same.

You shall indemnify, keep indemnified and hold us harmless from and against any losses, claims, damages, liability costs (including legal and other professional fees) and expenses incurred as a result of or in connection with any breach by you of this clause 5.

The provisions of this clause 5 shall not apply to information which:

a) is or comes into the public domain through no fault of you, your officers, employees, agents or contractors;
 
b) is lawfully received by you from a third party free of any obligation of confidence at the time of its disclosure;
 
c) is independently developed by you, without access to or use of such information; or
 
d) is required by law, by court or governmental or regulatory order to be disclosed provided that you, where possible, notifies us at the earliest opportunity before making any disclosure.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in and to the Services and any and all features, content, materials and information made available to you in connection with the Services or the Free Trial belong to us and/or our licensors and shall remain vested in us or the relevant licensor as applicable.

Subject to your continued compliance with these Terms, we hereby grant to you a non-exclusive, non-transferable, non-sublicensable, personal, revocable, limited licence to access and use the Services in connection with the Free Trial during the Free Trial Term.

Except for the rights expressly granted in these Terms, you shall not acquire in any way any title, rights of ownership, or intellectual property rights of whatever nature in the Services (or any part thereof) and no other intellectual property rights of either party are transferred or licensed as a result of these Terms.

WARRANTIES

To the maximum extent permitted by law:

a) you understand and expressly agree that your use of the Free Trial is at your sole risk and that the Free Trial and the Services are provided “as is” and “as available” without warranty of any kind; and
 
b) we expressly disclaim all warranties and conditions of any kind, whether express or implied, including but not limited to warranties and conditions of merchantability, fitness for a particular purpose, ability to achieve a particular result, non-infringement or in relation to quality, completeness, accuracy or reliability.


You represent and warrant that:

a) you have full legal authority to agree to these Terms; and
 
b) you have not (or if you are acting on behalf of a company, no past or current representative of the company has) previously applied for or accessed a Free Trial.
 

LIABILITY

We do not guarantee that the Free Trial will always be available, be uninterrupted, secure or free from bugs or viruses, nor that the Services or Free Trial will be free from errors or omissions.

Other than as expressly set out in these Terms, neither we nor any of our third party partners and/or licensors accept any liability (whether based in contract, tort or otherwise) for any claim, loss, liability, damage, cost or expense caused by your use of the Services or the Free Trial that does not arise as a result of a breach by us of these Terms and is not reasonably foreseeable at the time you entered into these Terms.

Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, for fraud or fraudulent misrepresentation, or any other liability that cannot be excluded, disclaimed or limited by applicable law.

You agree to defend, indemnify, and hold us, our directors, officers, employees and agents harmless from and against any and all third party claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or accruing from: (a) your use of the Free Trial or the Services in violation of these Terms; or (b) your breach of any warranty given by you under these Terms.

GENERAL

You acknowledge that these Terms are not intended to be for the benefit of, and will not be exercisable by, any person who is not a party to them.

You may not assign, sub-license or otherwise transfer any of your rights or obligations under these Terms to any other person without our prior written consent.

If we decide not to exercise or enforce any right that we have against you at a particular time, then this does not prevent us from later deciding to exercise or enforce that right.

If any part of these Terms is found to be illegal, invalid or otherwise unenforceable by a court or regulator, then, where required, that part shall be deleted from these Terms and the remaining parts of these Terms will continue to be enforceable.

These Terms and any dispute arising out of or in connection with them (including any non-contractual claims) shall be governed by and construed in accordance with English law and you agree to submit to the non-exclusive jurisdiction of the English courts unless the law in your country of residence allows you to choose the courts of that country for the dispute in question.

Last Updated: September 2020


 

Website Terms of Use

Introduction

These terms of use (Terms) set out the basis on which you may browse and use the website available at https://www.gamebench.net/ (Site) operated by GameBench Limited, a company incorporated in England and Wales (company number: 08187280), having its registered office address at Bristol and Bath Science Park, Dirac Crescent, Emersons Green, Bristol, BS16 7FR (us, we, or our), and any services, products, content and materials offered through it (Services). Our VAT number is 161515431.

Your access to and use of this Site and the Services will be governed by these Terms which will be a legal contract between us and you. By browsing or using this Site and/or any of the Services you are agreeing to be legally bound by these Terms. If you disagree with any part of the Terms then you may not access the Services.

Changes to these Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Your use of this Site will be subject to the most recent version of these Terms available on this Site.
We recommend that you regularly read through the latest version of these Terms that is available on this Site so that you can be sure that you are aware of any changes that may apply to you. If you do not agree to the new Terms, please stop using the Service.

Access and use of this Site

Access to this Site and the Services is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Site without notice to you.

You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs, bots, keyloggers, rootkits, spyware, malware or any other material which is malicious, has a deleterious effect, is technologically harmful or is otherwise designed to provide you or any third party with unauthorised access to this Site, our servers or any other third party’s server, device or information. You must not attempt to gain unauthorised access to this Site, the server on which this Site is stored or any server, device or information. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may be committing a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site and the Services will cease immediately.

You are responsible for making all arrangements necessary for you to have access to this Site.

Services

We offer several types and tiers of Services. If you would like any information on our Services or to make a purchase, please submit an enquiry on the Site: https://www.gamebench.net/tools/pricing. The terms governing your access to and use of our Services will be made available to you as part of the purchasing process.

We also offer a free trial of certain of our Services (Free Trial). If you would like to access a Free Trial, please submit an enquiry on the Site and we will determine your eligibility to access the Free Trial in our sole discretion. [The Free Trial Terms of Use are available here: [URL].

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in this Site and the Services.

You may print off, and copy extracts of, any of the content or materials made available through this Site, for any non-commercial or personal use or as otherwise expressly permitted by any copyright exceptions that are available to you under applicable law. Unless you have the right to do so pursuant to any copyright exceptions available to you under applicable law, you acknowledge and agree that you will not:

a) reproduce or include any such content or material in any other commercial work or publication in any medium;
 
b)modify or alter any such content or material in any way;
 
c) distribute or sell (or make any offer to distribute or sell) any such content or material to any third party; or
 
d) remove any copyright, trademark or other proprietary notices contained in any such content or material.


You must not use any of the Services for any commercial purpose without first obtaining a licence to do so from us or our licensors.

If you copy or use any part of this Site or any of the Services in breach of these Terms, your right to use this Site will cease immediately and you must, at our option, return or destroy any copies that you have made of this Site or any of the Services.

Data protection and privacy

Any personal information that we collect from you as you browse and use this Site will be used in accordance with our privacy policy. To find out more about the data we collect from you and how we use it please read our privacy policy available here: https://www.gamebench.net/legal/privacy-policy.

Links to and from this Site and Third Party Providers

You may link to any page of this Site that is not behind a paywall, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

We reserve the right to withdraw linking permission without notice. If you wish to link to any page of this Site that is behind a paywall, you may only do so with our prior written consent. We reserve the right to grant or withhold such consent in our absolute discretion.

Where this Site contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the content of those websites or resources and we are not responsible or liable for them in anyway.

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

Disclaimers

We will endeavour to use reasonable care and skill in making this Site available to you.

Except as expressly provided in these Terms, this Site and the Services are provided on an "as is" basis. We do not make any representation or warranty of any kind, either express or implied (whether by common law, custom, statute or otherwise) in relation to this Site or the Services including, without limitation, any warranties in relation to merchantability, fitness for a particular purpose or in relation to quality, completeness, accuracy, reliability or non-infringement.

The information available on this Site is not intended to amount to advice on which you should rely. You should obtain professional or specialist advice before taking, or refraining from, any action on the basis of any of the information available on this Site. Although we make reasonable efforts to update the information available on this Site, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up-to-date.

We do not guarantee that this Site will always be available, be uninterrupted, secure or free from bugs or viruses, nor that this Site or any products, services or content provided through it will be free from errors or omissions. As we cannot guarantee that this Site will be free from bugs or viruses, we recommend that you use anti-virus software to protect your device when accessing this Site.

Limitation of our liability

Nothing in the Terms excludes or limits our liability for death or personal injury arising from our negligence, for fraud or fraudulent misrepresentation, or any other liability that cannot be excluded, disclaimed or limited by applicable law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms that may apply to this Site or the Services, whether express or implied.

We will not be liable to you or any other user of this Site for any indirect, special or punitive loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the use of, or inability to use, this Site or any of the Services. In addition, we will not be liable to you or any other user of this Site for any direct loss of profit, data, reputation or goodwill, opportunity or anticipated savings.

General

These Terms do not create or infer any rights that are enforceable by any person who is not a party to them.

You may not assign, sub-license or otherwise transfer any of your rights or obligations under these Terms to any other person without our prior written consent.

If we decide not to exercise or enforce any right that we have against you at a particular time, then this does not prevent us from later deciding to exercise or enforce that right.

If any part of these Terms is found to be illegal, invalid or otherwise unenforceable by a court or regulator, then, where required, that part shall be deleted from these Terms and the remaining parts of these Terms will continue to be enforceable.

These Terms and any dispute arising out of or in connection with them (including any non-contractual claims) shall be governed by and construed in accordance with English law and you agree to submit to the non-exclusive jurisdiction of the English courts.

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

Website Terms of Use last updated: September 2020.