Terms of Service

1. The Service

Benchry provides a cloud-based point-of-sale and repair-management platform for repair businesses, including tools for repair tickets, customer and device records, parts and inventory, estimates and invoices, payment recording, reporting, and related features. The features available to you depend on your subscription plan.

2. Eligibility and accounts

• You must be at least 18 years old and able to form a binding contract.
• You are responsible for the accuracy of your account information and for all activity under your account, including the actions of staff and team members you invite.
• You are responsible for keeping your login credentials confidential. Notify us promptly at [email protected] of any unauthorized use.

3. Subscriptions, billing, and fees

• The Service is offered on a subscription basis. Plan features and pricing are presented at the time of purchase.
• Unless stated otherwise, subscription fees are billed in advance on a recurring basis (e.g., monthly or annually) through our third-party payment processor. You authorize us to charge your payment method on a recurring basis until you cancel.
• Fees are exclusive of taxes; you are responsible for any applicable taxes.
• We may change pricing on a going-forward basis and will provide reasonable notice before changes take effect.
• Promotional or free-trial terms (including any free period offered during beta) apply only as expressly stated and may be modified or ended for future periods.

4. Cancellation and refunds

• You may cancel at any time; cancellation takes effect at the end of the current billing period.
• Except where required by law, fees already paid are non-refundable and partial periods are not prorated.

5. Payment processing for your customers

• Benchry integrates with third-party payment processors (such as Stripe, Square, Clover, and PayPal) to let you accept payments from your own customers. You are responsible for establishing and maintaining your own accounts with those processors and for complying with their terms.
• Funds from your customers are settled by those processors into your connected accounts. Benchry is not a party to those transactions, does not hold your funds, and is not a payment processor or money transmitter.
• You are responsible for the lawfulness of the transactions you process, for any chargebacks, refunds, and disputes, and for taxes related to your sales.

6. Your content and customer data

• “Your Data” means the data you and your staff submit to the Service, including records about your own customers and their devices.
• As between you and Benchry, you own Your Data. You grant Benchry a limited license to host, process, transmit, display, and back up Your Data solely to provide and improve the Service and as described in our Privacy Policy.
• You are solely responsible for Your Data and for having all rights, notices, and consents needed to collect it and to use the Service in connection with it — including any consent required to send communications (such as email or SMS) to your customers. You will comply with all applicable laws, including those governing privacy, marketing communications, and consumer protection.
• With respect to personal information about your customers, you act as the controller/business and Benchry acts as your processor/service provider, processing such data on your behalf under these Terms and our Privacy Policy.

7. Acceptable use

You agree not to:

• use the Service in violation of any law or third-party rights;
• upload malware or attempt to gain unauthorized access to the Service or other tenants’ data;
• interfere with or disrupt the integrity or performance of the Service;
• reverse engineer, resell, or sublicense the Service except as permitted; or
• store or transmit content that is unlawful, infringing, or that you lack the right to use.

We may investigate and take action, including suspension or termination, for violations.

8. Intellectual property

The Service, including its software, design, and trademarks (including “Benchry”), is owned by Omniral Media LLC and its licensors and is protected by intellectual-property laws. These Terms grant you only the limited right to use the Service per these Terms. Feedback you provide may be used by us without restriction.

9. Third-party services

The Service may interoperate with third-party services (e.g., payment processors and email delivery). Your use of those services is governed by their own terms, and we are not responsible for them.

10. Beta and availability

Portions of the Service may be offered as a beta or early-access release and may contain bugs or change without notice. We aim for high availability but do not guarantee the Service will be uninterrupted or error-free, and we may modify, suspend, or discontinue features.

11. Disclaimer of warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT DATA WILL ALWAYS BE AVAILABLE OR ERROR-FREE. YOU ARE RESPONSIBLE FOR MAINTAINING YOUR OWN BACKUPS WHERE PRACTICAL.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BENCHRY AND ITS OWNERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES, DATA, OR GOODWILL. OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM (OR USD $100 IF YOU HAVE PAID NOTHING). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

13. Indemnification

You will indemnify and hold harmless Benchry and its owners from claims, damages, and expenses (including reasonable attorneys’ fees) arising out of Your Data, your use of the Service, your violation of these Terms, or your violation of any law or third-party right.

14. Suspension and termination

We may suspend or terminate your access if you breach these Terms, fail to pay fees, or where needed to protect the Service or other users. You may terminate by canceling your subscription and ceasing use. Upon termination, your right to use the Service ends, and we may delete Your Data after a reasonable period — export Your Data beforehand if needed.

15. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will provide reasonable notice (e.g., by email or in-app). Your continued use after the changes take effect constitutes acceptance.

16. Governing law and disputes

These Terms are governed by the laws of the State of Minnesota, without regard to its conflict-of-laws rules. The state and federal courts located in Minnesota have exclusive jurisdiction over any dispute, and you consent to venue there, except that either party may seek injunctive relief in any court of competent jurisdiction.

17. Miscellaneous

These Terms, together with the Privacy Policy, are the entire agreement between you and Benchry regarding the Service. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.

18. Contact

Omniral Media LLC — [email protected]