Service-Specific Terms for Benchmark
LAST UPDATED: August 10, 2022
These Benchmark Service-Specific Terms (the "SSTs ") only apply if you have purchased a service that includes one or more of our benchmark features ("Benchmark").
These SSTs are additional terms that apply specifically to your use of Benchmark, and are subject to and incorporated into Provider's Applicable Services Agreement ("GSA"). Capitalized terms that are otherwise undefined terms in these SSTs have the meanings given to them in the GSA (where applicable). In the event of a conflict between the SSTs and the GSA (where applicable), these SSTs will take precedence.
1. Service description
Benchmark gives you access to certain benchmark analytical data ("Data") derived from survey data that the Provider's users and customers have contributed for the purpose of benchmarking. Benchmark can be purchased as a feature of your main subscription. Your Benchmark purchase will be a subscription unless the order form or other document under which you purchased Benchmark ("Order Document") specifies otherwise.
To access Data from certain survey questions or templates, you are required to: (a) maintain an active account via a subscription that supports Benchmark; and (b) maintains a complete demographic profile.
We will provide you with customized benchmarks, based on various parameters that are customized for you.
You share, you receive.
By purchasing Benchmark, you agree to contribute your own survey results to these survey questions or templates to the Benchmark Service. Benchmarking is only performed on questions originating from our Question Bank, so you can contribute your own survey results to the Benchmark service by including such questions in your surveys.
Consent to contribute your own data does not cease despite the termination or expiration of this agreement.
2. License
Subject to the payment of any applicable fees to Benchmark, we grant you a perpetual, non-exclusive, non-transferable, non-sublicensable, worldwide right to use the Data solely for your internal business purposes ("License") .
The license also allows you to:
2.1 reproduce the Data only for your internal backup purposes.
You cannot, and the License does not entitle you to:
2.2 resell, lend or assign the Data;
2.3 publish, distribute or otherwise disclose the Data to any third party, except to those of your suppliers who need access to the Data to help you use the Data in accordance with the terms of the License. You will be responsible for any breach of the License Terms committed by your suppliers;
2.4 imply or state that we support, sponsor or are affiliated with the purposes for which you use the Data; or
2.5 remove or change notices of copyright, trademark or other proprietary right from any where it is on or embedded in the Data.
3. Intellectual property rights.
These SSTs do not grant or transfer to you any ownership rights in the Data, and ownership of all intellectual property rights subsisting in the Data is retained by us or our licensors. No licenses or rights to the Data are granted to you other than as expressly provided herein.
4. Termination of License
The license, with respect to data you have downloaded, will survive termination of your access to Benchmark and will continue until terminated. We can terminate the license with 7 days' written notice if you materially breach these SSTs. Upon termination of the license, you will immediately cease all use of the data and delete all copies of the data in your possession, control or custody.
5. Duration and termination
Agreement period. The terms of this agreement start on the Effective Date and last for a minimum of 12 months, and are automatically renewed 12 months at a time and shall remain in force until one of the parties terminates with written notice to the other party no later than 90 days before the new agreement period begins.
You will not be able to access the Benchmark Service unless you maintain an account through a subscription that supports Benchmark.
Consent to contribute your own data does not cease despite the termination or expiration of this agreement.
6. Price changes
For the Benchmark Service, we will provide at least 90 days' written notice of any changes in charges to give you an opportunity to terminate your Benchmark subscription before the change takes effect.
7. Disclaimer of Warranty
EXCEPT AS EXPRESSLY STATED IN THESE TOS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE DATA IS PROVIDED "AS IS" AND THE SUPPLIER MAKES NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT OF ANY RIGHTS, OR WARRANTIES REGARDING THE RELIABILITY, SUITABILITY, CORRECTNESS OR ACCURACY OF THE DATA.