1. General

This Acceptable Use Policy ("AUP") addresses requirements applicable to Client's use of Benchmark's products, solutions, and services ("Benchmark Products").

2. Appropriate Use

Client will not, and will not allow or authorize its users to, use Benchmark Products to take any actions that:

• Infringe on or dilute any Benchmark or third party copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy;
• Violate any applicable law, statute, ordinance, or regulation (including those regarding export control);
• Are defamatory, libelous, trade libelous, threatening, harassing, or obscene;
• Interfere with or disrupt any Benchmark services or equipment or cause excessive or disproportionate load on Benchmark or its licensors’ or suppliers’ infrastructure;
• Involve knowingly distributing viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines;
• Encourage conduct that violates any applicable local, state, national, or international laws or regulations;
• Involve unauthorized entry to any machine accessed via Benchmark Products; or
• Violate any data protection or privacy laws, including the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA/CPRA), or other applicable laws.

If Client violates any portion of this AUP, Client accepts sole responsibility for all remedial actions and costs related to such violation, including compliance efforts and costs associated with statutory obligations or government investigations. Benchmark may, in its sole discretion, determine whether Client’s conduct violates this AUP.

3. Responsibility for Content

Benchmark provides cloud-based software solutions and related services, and Client provides information and content. Client accepts sole responsibility for information and content collected, stored, or transmitted by Benchmark Products on behalf of Client or its end users. Client controls and approves all aspects of its client communications and related content.

If Client acquires content from third parties for republication, Client is solely responsible for ensuring compliance with any licensing requirements associated with such content. Client acknowledges that Benchmark exercises no control over the information passing through the Benchmark Products and assumes no responsibility for Client's content.

4. Privacy Policy

Client agrees to post and maintain its own privacy policy concerning its collection of personal information on websites or forms developed using Benchmark Products. Client is solely responsible for ensuring that its privacy policy complies with all applicable laws. Where Benchmark acts as a service provider, Client is solely responsible for ensuring that any personal data shared through Benchmark Products is collected in compliance with applicable data protection laws and user consents.

5. Personal Information

Benchmark Products contain designated encryption functionality for the collection and storage of bankcard, account numbers, and individual identification numbers issued by government agencies and financial institutions. Client shall not use Benchmark Products to collect and store such information outside the encrypted fields within Benchmark Products. Client shall not collect, process, or store without Benchmark’s written consent:

• Government-issued IDs (e.g., Social Security Numbers)
• Health or biometric data
• Full date of birth
• Information about sexual orientation, religion, or political views
• Sensitive personal data as defined by applicable law

6. Email Marketing

Client shall not send unsolicited commercial email messages using Benchmark Products. Client shall not send email communications that contain materially misleading or falsified information. Client must honor all unsubscribe, opt-out, or “STOP” requests immediately and desist from further messaging to those recipients.

7. Enforcement of AUP

Benchmark reserves the right to suspend the provision of Benchmark Products or take other appropriate remedial action to address actual or suspected violations of the AUP. Benchmark will use reasonable efforts to notify Client and provide an opportunity to cure before taking any such action, if practicable and if permitted by law.

Client will cooperate with Benchmark in investigating complaints about potential violations and in taking any corrective action that Benchmark deems necessary. Benchmark reserves the right to remove any Client content from Benchmark Products that it determines, at its reasonable discretion, may be illegal, tortious, or infringing on the rights of a third party.

If Client becomes aware of any activity that violates this AUP, Client shall promptly notify Benchmark and take all necessary actions to cease such violation. Violations or suspected violations of this AUP shall be immediately reported to: [email protected]. Benchmark may remove any content or suspend services without notice if required by law or to prevent harm.

8. DMCA

Client acknowledges that Benchmark is a "service provider" as defined in 17 USC § 512(k)(1), is subject to the Digital Millennium Copyright Act ("DMCA"), and has the duties of a service provider under the DMCA. Client is solely responsible for ensuring that Client data and Internet content, and its provision of it to Benchmark, complies at all times with all applicable laws and regulations.

9. AUP Updates

Benchmark reserves the right to modify this AUP from time to time, effective upon posting a revised copy to the Benchmark website at www.Benchmark-App.com/AUP. Continued use of Benchmark Products after such updates constitutes acceptance of the revised AUP.