At GameBench, we do our best to always provide the service that all our users expect.<\/p>\r\n\r\n\r\n\r\n
To ensure that we are able to keep this commitment, we’ve implemented the following Terms of Service.<\/p>\r\n\r\n\r\n\r\n
Additional Terms for Review include: Free Trial Terms of Use<\/a> | Website Terms of Use<\/a><\/p>\r\n\r\n\r\n 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”).<\/p>\r\n\r\n\r\n\r\n 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.<\/p>\r\n\r\n\r\n\r\n 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.<\/p>\r\n\r\n\r\n\r\n Our Service is provided at the pricing listed on our website (\u201chttp:\/\/www.gamebench.net\u201d) 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 (\u201cEnterprise Pricing\u201d, \u201cEnterprise License\u201d) 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.<\/p>\r\n\r\n\r\n\r\n 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.<\/p>\r\n\r\n\r\n\r\n The Services are provided \u201cAS IS\u201d, 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.<\/p>\r\n\r\n\r\n\r\n Through the use of the Services, anonymised data (the \u201cData\u201d) can and will be collected from your device and stored by us as per our Privacy Policy.<\/a> \u201cAnonymised\u201d means that the data is being hashed using industry standard technology already at the collection. Only data anonymised in this way will be \u201cData\u201d under these Terms. Data collected under our Free Services may be monetized and released to Third Parties (\u201cOthers\u201d) 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.<\/p>\r\n\r\n\r\n\r\n 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<\/a>.<\/p>\r\n\r\n\r\n\r\n 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.<\/p>\r\n\r\n\r\n\r\n 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.<\/p>\r\n\r\n\r\n\r\n 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.<\/p>\r\n\r\n\r\n\r\n If you have any questions about these Terms, please contact us at support@gamebench.net<\/a>.<\/p>\r\n\r\n\r\n\r\n Terms of Service Last updated: Tuesday, January 23rd, 2018.<\/p>\r\n\r\n\r\n 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).<\/p>\r\n\r\n\r\n\r\n These Terms should be read along with our privacy policy available here: https:\/\/www.gamebench.net\/legal\/privacy-policy.<\/p>\r\n\r\n\r\n\r\n 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.<\/p>\r\n\r\n\r\n\r\n 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.<\/p>\r\n\r\n\r\n\r\n When you submit an inquiry through our website, we will determine your eligibility for the Free Trial at our sole discretion.<\/p>\r\n\r\n\r\n\r\n 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.<\/p>\r\n\r\n\r\n\r\n 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.<\/p>\r\n\r\n\r\n\r\n 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).<\/p>\r\n\r\n\r\n\r\n Except as expressly permitted under these Terms or by law, you shall not:<\/p>\r\n\r\n\r\n\r\n a) use, copy, modify, adapt, correct errors, or create derivative works from, the Services;<\/p>\r\n\r\n\r\n\r\n b) decode, reverse engineer, disassemble, decompile or otherwise translate or convert the Services;<\/p>\r\n\r\n\r\n\r\n c) assign, sub-licence, lease, resell, distribute or otherwise deal in or encumber the Services;<\/p>\r\n\r\n\r\n\r\n 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;<\/p>\r\n\r\n\r\n\r\n 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<\/p>\r\n\r\n\r\n\r\n f) attempt to circumvent or interfere with any security features of the Services or the Free Trial.<\/p>\r\n\r\n\r\n\r\n 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.<\/p>\r\n\r\n\r\n\r\n 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.<\/p>\r\n\r\n\r\n\r\n 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.<\/p>\r\n\r\n\r\n\r\n 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.<\/p>\r\n\r\n\r\n\r\n 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.<\/p>\r\n\r\n\r\n These terms of use (Terms) set out the basis on which you may browse and use the website available at\u00a0https:\/\/www.gamebench.net\/<\/a>\u00a0(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,<\/strong>\u00a0or\u00a0our<\/strong>), and any services, products, content and materials offered through it (Services<\/strong>). Our VAT number is 161515431.<\/p>\r\n\r\n\r\n\r\n 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.<\/p>\r\n\r\n\r\n\r\n 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.<\/p>\r\n\r\n\r\n\r\n 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.<\/p>\r\n\r\n\r\n\r\n 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.<\/p>\r\n\r\n\r\n\r\n 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\u2019s 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.<\/p>\r\n\r\n\r\n\r\n You are responsible for making all arrangements necessary for you to have access to this Site.<\/p>\r\n\r\n\r\n\r\n We are the owner or the licensee of all intellectual property rights in this Site and the Services.<\/p>\r\n\r\n\r\n\r\n 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:<\/p>\r\n\r\n\r\n\r\n a) reproduce or include any such content or material in any other commercial work or publication in any medium;\u00a0<\/p>\r\n\r\n\r\n\r\n b)modify or alter any such content or material in any way;\u00a0<\/p>\r\n\r\n\r\n\r\n c) distribute or sell (or make any offer to distribute or sell) any such content or material to any third party; or\u00a0<\/p>\r\n\r\n\r\n\r\n d) remove any copyright, trademark or other proprietary notices contained in any such content or material.<\/p>\r\n\r\n\r\n\r\n 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.<\/p>\r\n\r\n\r\n\r\n 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.<\/p>\r\n\r\n\r\n\r\n
\r\n\r\n\r\nTermination<\/h4>\r\n\r\n\r\n\r\n
Restrictions<\/h4>\r\n\r\n\r\n\r\n
Violations<\/h4>\r\n\r\n\r\n\r\n
Liability<\/h4>\r\n\r\n\r\n\r\n
Governing Law<\/h4>\r\n\r\n\r\n\r\n
Changes<\/h4>\r\n\r\n\r\n\r\n
Contact Us<\/h4>\r\n\r\n\r\n\r\n
\r\n\r\n\r\nFree Trial Terms of Use<\/h2>\r\n\r\n\r\n\r\n
Introduction<\/h4>\r\n\r\n\r\n\r\n
Eligibility<\/h4>\r\n\r\n\r\n\r\n
Access to the Free Trial<\/h4>\r\n\r\n\r\n\r\n
\r\n\r\n\r\nWebsite Terms of Use<\/h2>\r\n\r\n\r\n\r\n
Introduction<\/h4>\r\n\r\n\r\n\r\n
Changes To These Terms<\/h4>\r\n\r\n\r\n\r\n
Access and Use of This Site<\/h4>\r\n\r\n\r\n\r\n
Services<\/h4>\r\n\r\n\r\n\r\n
Data Protection and Privacy<\/h4>\r\n\r\n\r\n\r\n