End User License Agreement (EULA) for Benchmark Mobile Application

Last Updated:  Mar. 5th 2024

This End User License Agreement (“Agreement”) is a legal agreement between you (“User” or “You”) and Benchmark Inc. (“Benchmark,” “We,” “Us,” or “Our”), governing your use of the Benchmark Workout Tracker mobile application (“Application”) available on Apple’s App Store platform.

By downloading, installing, accessing, or using the Application, you agree to be bound by the terms and conditions of this Agreement. If you do not agree with any provision of this Agreement, you must not download, install, access, or use the Application.

1. License Grant: Benchmark grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Application on a mobile device owned or controlled by you, solely for your personal, non-commercial use.
2. Restrictions: You shall not: a. Copy, modify, distribute, sell, lease, sublicense, or transfer the Application or any part of it; b. Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Application; c. Use the Application in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement; d. Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices contained in or on the Application; e. Interfere with or disrupt the integrity or performance of the Application or the data contained therein; or f. Attempt to gain unauthorized access to the Application or its related systems or networks.
3. Ownership: The Application, including all intellectual property rights therein, is and shall remain the exclusive property of Benchmark and its licensors. This Agreement does not convey to you any rights of ownership in or related to the Application.
4. Privacy: Your use of the Application is subject to Benchmark’s Privacy Policy, available at Privacy Policy — Benchmark Workout App. By using the Application, you consent to the collection, use, and disclosure of information as described in the Privacy Policy.
5. Updates: Benchmark may, at its sole discretion, provide updates, upgrades, or patches to the Application. Such updates may be necessary for the continued use of the Application and may be automatically downloaded and installed.
6. Termination: This Agreement is effective until terminated by you or Benchmark. You may terminate this Agreement by deleting the Application and all copies thereof from your mobile device. Benchmark may terminate this Agreement at any time without notice if you fail to comply with any term of this Agreement. Upon termination, you shall cease all use of the Application and delete all copies thereof from your mobile device.
7. Disclaimer of Warranty: The Application is provided “as is” and “as available” without warranties of any kind, whether express or implied. To the fullest extent permitted by applicable law, Benchmark disclaims all warranties, including but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement.
8. Limitation of Liability: To the fullest extent permitted by applicable law, Benchmark shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use or inability to use the Application, even if Benchmark has been advised of the possibility of such damages. In no event shall Benchmark’s total liability to you for all damages exceed the amount paid by you for the Application.
9. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the Jurisdictions available, without regard to its conflict of law principles.
10. Entire Agreement: This Agreement constitutes the entire agreement between you and Benchmark concerning the subject matter hereof and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings, whether written or oral.
11. Modifications: Benchmark reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
12. Contact Information: If you have any questions about this Agreement, please contact us using the form below.