Terms of Service

1. Introduction

Welcome to Bnchmrk. These Terms of Service ("Terms") govern your access to and use of the services provided by Bnchmrk, LLC ("Bnchmrk," "we," "us," or "our"), including our website, platform, and benchmark report services (collectively, the "Services").

By creating an account, submitting data, or purchasing reports, you agree to be bound by these Terms. If you do not agree, please do not use our Services.

These Terms apply to individual benchmark report purchases. If you have a separate enterprise or platform license agreement with Bnchmrk, that agreement governs your use of the Services, and to the extent of any conflict between that agreement and these Terms, the enterprise or platform license agreement will control.

2. Eligibility & Account Registration

2.1 Eligibility

You must be at least 18 years of age to use the Services. If you are using the Services on behalf of a company or other organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2.2 Account Registration

To purchase benchmark reports, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information as needed
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate accounts that contain inaccurate information or violate these Terms.

3. How the Service Works

3.1 Benchmark Reports

Bnchmrk provides employee benefits benchmarking reports. When you order a report, you:

• Submit employer benefits data (plan designs, contributions, etc.)
• Select your desired benchmark filters (industry, geography, size)
• Pay for your report order
• Receive a custom benchmark report analyzing the submitted data against our database

3.2 Report Delivery

Reports are typically delivered within 5 business days of receiving complete data. Upon reviewing your submission, we will confirm the estimated delivery timeframe. Complex submissions may require additional time. Delivery timelines are estimates and may vary based on data completeness, quality, and complexity.

3.3 Report Variations

A single order may include multiple report cuts for the same employer across different industries or geographies, as specified at checkout.

4. Data Submission & Rights

4.1 Data Contribution Requirement

Participation in our benchmarking service requires you to contribute the employer benefits data you submit. This data contribution is an essential part of how our service works — your submitted data helps improve benchmark accuracy for all users.

4.2 Your Representations

By submitting data, you represent and warrant that:

• You have the right and authorization to submit the employer data
• The data you provide is accurate to the best of your knowledge
• Your submission does not violate any applicable laws or third-party rights
• The data does not contain Protected Health Information (PHI), Social Security numbers, or other sensitive personal information about individual employees

If you submit prohibited sensitive data, you agree that we may remove or delete such data (to the extent practicable), and you remain responsible for ensuring that your submission complies with applicable laws and these Terms.

4.3 How We Use Your Data

Data you submit is used to:

• Generate your custom benchmark report
• Add to our anonymized, aggregated benchmarking database (with company-identifying information removed)
• Improve the accuracy and coverage of our benchmarking data

4.4 Aggregated Data Rights

For more details on how we handle your data, please review our Privacy Policy.

5. Payment & Pricing

5.1 Pricing

Report prices are displayed at checkout and may vary based on the number and type of reports ordered. All prices are in U.S. dollars unless otherwise specified.

5.2 Payment

Payment is due at the time of order and is processed securely through our third-party payment processor (Stripe). By submitting payment, you authorize us to charge the payment method provided.

5.3 Taxes

Prices do not include applicable taxes. You are responsible for all taxes associated with your purchase, excluding taxes based on Bnchmrk's net income.

6. Refunds & Report Corrections

6.1 No Refunds

Due to the nature of our service, all sales are final once a report has been delivered. Benchmark data and insights cannot be "returned" once provided.

6.2 Report Corrections

If you believe your report contains errors or does not match the filters you requested, you must notify us within 7 days of report delivery. To request a correction:

• Contact us at support@bnchmrk.com
• Describe the specific issue or discrepancy
• Provide any supporting documentation

If the error is determined to be on Bnchmrk's part, we will re-run or correct the report at no additional cost. Corrections requested after the 7-day window may be subject to additional fees.

7. Report Access & Storage

Once delivered, your reports will remain accessible in your account for as long as your account is active. You may download and save copies of your reports at any time.

If you delete your account, your reports and associated account data will be permanently removed and cannot be recovered. For clarity, de-identified aggregated data derived from your submissions may be retained as described in Section 4.4 (Aggregated Data Rights).

8. Intellectual Property

8.1 Bnchmrk Ownership

All benchmark reports, methodologies, analysis frameworks, software, logos, and other materials provided through the Services are and remain the exclusive property of Bnchmrk. Nothing in these Terms transfers any intellectual property rights to you except the limited license granted below.

8.2 Your License to Use Reports

Upon payment, Bnchmrk grants you a non-exclusive, non-transferable license to use your purchased reports for your internal business purposes. You may:

• Use reports for internal analysis and decision-making
• Share reports with colleagues or stakeholders within your organization as needed
• Share reports with your clients solely in connection with providing advisory services to that client, provided you do not resell, redistribute, publish, or commercially exploit the reports or their contents
• Present findings in business contexts

8.3 Restrictions

You may not:

• Resell, redistribute, or commercially exploit reports or their contents
• Reverse-engineer, extract, or attempt to derive our methodology or underlying data
• Remove or alter any Bnchmrk branding or attribution
• Use automated systems to scrape, copy, or extract data from the Services
• Misrepresent the source or ownership of report content

9. Disclaimers & Warranties

10. Limitation of Liability

11. Indemnification

You agree to indemnify, defend, and hold harmless Bnchmrk and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising from: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any data you submit that you did not have the right to provide.

12. Account Termination

12.1 Termination by You

You may close your account at any time by contacting us at support@bnchmrk.com. Upon account closure, your access to reports and stored data will be permanently deleted.

12.2 Termination by Bnchmrk

We reserve the right to suspend or terminate your account if you violate these Terms, engage in fraudulent activity, or for any other reason at our sole discretion. We will make reasonable efforts to notify you before termination unless prohibited by law or where immediate termination is necessary to protect the Services or other users.

12.3 Effect of Termination

Upon termination, your license to use any reports is revoked, though you may retain copies you have already downloaded for your records. Sections 4.4 (Aggregated Data Rights), 8 (Intellectual Property), 9 (Disclaimers), 10 (Limitation of Liability), and 11 (Indemnification) survive termination.

13. General Provisions

13.1 Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. You consent to the exclusive jurisdiction of the federal and state courts located in Delaware for any disputes arising from these Terms.

13.2 Waiver of Jury Trial

Both parties waive their right to a trial by jury for any disputes arising from or related to these Terms.

13.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will continue in full force and effect.

13.4 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Bnchmrk regarding individual benchmark report purchases and use of the Services and supersede any prior agreements or understandings.

13.5 Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms. Changes will not retroactively apply to completed purchases.

13.6 Assignment

You may not assign or transfer these Terms without our prior written consent. Bnchmrk may assign these Terms in connection with a merger, acquisition, or sale of assets.

14. Contact Us

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