Terms of Service

Welcome to BenchmarkMe! These Terms of Service ("Terms") govern your use of the BenchmarkMe mobile application and related services (collectively, the "Service"). By downloading, installing, or using BenchmarkMe, you agree to be bound by these Terms.

1. Acceptance and Eligibility

Age Requirements

You must be at least 18 years old to use BenchmarkMe. By using the Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

Account Registration

To access premium features, you must create an account with accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Geographic Restrictions

The Service is available worldwide, but certain features may be restricted based on your location due to legal requirements or technical limitations. Apple App Store availability governs app downloads in your region.

2. Description of Service

Core Features

BenchmarkMe is a personal benchmarking and progress tracking application designed to help you measure and improve performance across four key life areas:

• Fitness: Track workouts, physical performance, and health metrics
• Finance: Monitor financial goals, savings, and spending patterns
• Career: Measure professional growth, skills, and achievement milestones
• Social Life: Assess relationship quality and social engagement

Service Tiers

• Free Tier: Basic benchmarking with limited data storage and basic analytics
• BenchmarkMe Pro: Full feature access, unlimited data storage, advanced analytics, goal tracking, and personalized insights

Data Synchronization

The Service uses Firebase and Google Cloud Platform to sync your data across devices while maintaining privacy and security standards outlined in our Privacy Policy.

3. Apple App Store Subscriptions

Available Subscriptions

• BenchmarkMe Pro Monthly: $9.99/month
• BenchmarkMe Pro Annual: $95.88/year (20% savings)

Subscription Terms

• Subscriptions automatically renew unless cancelled at least 24 hours before the current period ends
• Payment is charged to your Apple ID account upon purchase confirmation
• You can manage and cancel subscriptions in your Apple ID Account Settings
• No refunds are provided for unused portions of subscription periods

Free Trial Period

• New users may receive a free trial period for BenchmarkMe Pro features
• If you don't cancel during the free trial, you'll be charged the subscription fee
• Free trial eligibility is determined by Apple's App Store policies

4. User Conduct and Responsibilities

Acceptable Use

You agree to use BenchmarkMe only for lawful purposes and in accordance with these Terms. You will not:

• Use the Service for any illegal or unauthorized purpose
• Attempt to gain unauthorized access to our systems or other users' accounts
• Upload or transmit malicious code, viruses, or harmful content
• Interfere with or disrupt the Service's functionality
• Use automated tools to access or interact with the Service
• Share or resell your account or subscription benefits

Data Accuracy and Personal Responsibility

• You are responsible for the accuracy of all data you input into BenchmarkMe
• BenchmarkMe provides tools for self-tracking and is not a substitute for professional advice
• Always consult qualified professionals for health, financial, or career guidance
• You assume full responsibility for decisions made based on app insights or recommendations

Privacy and Data Security

• Maintain the confidentiality of your account login information
• Do not share sensitive personal or financial information with other users
• Report any security concerns or unauthorized account access immediately
• Use strong passwords and enable device security features

5. Intellectual Property Rights

Our Intellectual Property

BenchmarkMe and all related content, features, functionality, and technology are owned by us and are protected by copyright, trademark, and other intellectual property laws. This includes:

• The BenchmarkMe app, software code, and algorithms
• User interface design, graphics, and visual elements
• Analytics methodologies and benchmarking frameworks
• Content, text, and educational materials within the app
• The BenchmarkMe name, logo, and branding elements

Your Data Rights

• You retain ownership of all personal data you input into BenchmarkMe
• You grant us a limited license to use your data to provide and improve the Service
• You can export or delete your data at any time through the app settings
• We do not claim ownership of your personal benchmarking data

License to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to use BenchmarkMe for personal, non-commercial purposes. This license does not permit you to:

• Modify, copy, or create derivative works of the app
• Reverse engineer or attempt to extract source code
• Remove or alter proprietary notices or labels
• Use the Service for commercial purposes without permission

6. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information are governed by our Privacy Policy, which is incorporated into these Terms by reference.

Key Privacy Commitments

• Your personal benchmark data remains private and is never shared with other users
• Financial information is stored locally on your device with end-to-end encryption
• We use Firebase and Google Cloud Platform with industry-standard security measures
• You have full control over your data with export and deletion options

Data Processing Consent

By using BenchmarkMe, you consent to our processing of your personal data as described in our Privacy Policy. This includes data necessary for:

• Providing core app functionality and personalized insights
• Syncing data across your devices
• Improving our services through anonymized analytics
• Communicating important updates and notifications

7. Disclaimers and Limitations

Educational Purpose Only

Service Availability

• We strive to maintain high service availability but cannot guarantee uninterrupted access
• Scheduled maintenance may temporarily affect service availability
• Technical issues, network problems, or third-party service outages may impact functionality
• We are not responsible for data loss due to device failure or user error

Accuracy of Information

• BenchmarkMe provides tools for data tracking and analysis, but accuracy depends on user input
• Analytics and insights are based on the data you provide and may not reflect complete life circumstances
• Benchmark comparisons are for personal use and may not represent broader populations
• We make no warranties about the completeness or accuracy of insights generated by the app

Third-Party Services

BenchmarkMe integrates with third-party services including:

• Apple App Store: For subscriptions and payments
• Firebase/Google Cloud: For data storage and synchronization
• Apple HealthKit: For health data integration (optional)

We are not responsible for the availability, accuracy, or policies of these third-party services.

8. Limitation of Liability

To the maximum extent permitted by applicable law:

Direct Damages

Our total liability for any claims relating to BenchmarkMe will not exceed the amount you paid for the Service in the 12 months preceding the claim, or $100, whichever is greater.

Indirect Damages

We will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, data, or business opportunities
• Personal injury or property damage
• Emotional distress or mental anguish
• Third-party claims or actions

Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control, including natural disasters, government actions, network outages, or third-party service failures.

9. Indemnification

You agree to defend, indemnify, and hold harmless BenchmarkMe, its officers, directors, employees, and agents from any claims, damages, obligations, losses, liabilities, costs, or expenses (including attorney's fees) arising from:

• Your use of the Service or violation of these Terms
• Your violation of any third-party rights or applicable laws
• Any content or data you submit through the Service
• Your negligent or wrongful conduct

This indemnification obligation will survive termination of these Terms and your use of the Service.

10. Termination

Termination by You

• You may terminate your account at any time through app settings
• Cancel subscriptions through your Apple ID Account Settings
• Account termination does not automatically cancel active subscriptions
• You can request complete data deletion upon account termination

Termination by Us

We may terminate or suspend your account immediately if you:

• Violate these Terms or our Privacy Policy
• Engage in fraudulent or illegal activities
• Attempt to harm or abuse our Service or other users
• Fail to pay subscription fees (where applicable)

Effects of Termination

• Your right to access and use the Service ends immediately
• Your data may be deleted according to our data retention policies
• Certain provisions of these Terms survive termination
• Active subscriptions continue according to Apple's policies

11. Updates and Modifications

Service Updates

• We regularly update BenchmarkMe with new features, improvements, and bug fixes
• Some updates may be required for continued service access
• New features may be added to existing subscription tiers or introduced as separate offerings
• We may discontinue certain features with reasonable notice

Terms Modifications

We may update these Terms periodically. When we make material changes:

• We will notify you through the app or email at least 30 days before changes take effect
• The updated Terms will be posted with a new "Last Updated" date
• Continued use of the Service after changes become effective constitutes acceptance
• If you disagree with changes, you may terminate your account before they take effect

12. Governing Law and Dispute Resolution

Governing Law

These Terms are governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to conflict of law principles.

Dispute Resolution Process

1. Informal Resolution: Contact our support team first to attempt resolution
2. Mediation: If informal resolution fails, disputes may be submitted to mediation
3. Binding Arbitration: Unresolved disputes will be settled through binding arbitration
4. Class Action Waiver: You agree to resolve disputes individually, not as part of class actions

Exceptions

The following may be resolved in court:

• Intellectual property disputes
• Small claims court matters within jurisdictional limits
• Injunctive relief for terms violations

13. Miscellaneous

Entire Agreement

These Terms, together with our Privacy Policy, constitute the complete agreement between you and BenchmarkMe regarding the Service.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce such provision in the future.

Assignment

You may not assign these Terms or your account without our written consent. We may assign these Terms at any time without notice.

Contact for Legal Notices

Legal notices should be sent to: legal@benchmarkme.app