Terms of Service

Agreement to terms

By accessing benchlytics.com, requesting a report, or applying for or maintaining consortium membership, you agree to these Terms of Service. If you are acting on behalf of an organization, you represent that you have authority to bind that organization to these terms.

These terms are between you and Benchlytics (operated by David Harkins Company and its subsidiary entities). If you have questions, contact legal@benchlytics.com.

Use of the site

You may use benchlytics.com for lawful purposes consistent with these terms. You agree not to:

• Access or attempt to access areas of the site you are not authorized to access
• Use automated means to scrape, crawl, or extract content from the site without written permission
• Introduce malicious code, viruses, or other harmful content
• Impersonate another person or organization
• Use the site in any way that could damage, disable, or impair its operation

Report licensing

Benchmark reports purchased from Benchlytics are licensed, not sold. Upon purchase of a report, you receive a non-exclusive, non-transferable license to use the report for your organization’s internal purposes.

You may not:

• Resell, sublicense, or redistribute any report in whole or in part
• Publish or publicly share report contents without written permission from Benchlytics
• Use report findings in a manner that misrepresents the data, methodology, or source

Excerpts from reports may be cited in internal presentations, grant applications, and board materials with attribution to Benchlytics. For any other use, contact research@benchlytics.com.

Membership terms

Consortium membership is subject to the following terms:

• Membership is contingent on active quarterly data contribution. Members who fail to submit data for two consecutive quarters may have their membership suspended or terminated at Benchlytics’ discretion
• Founding member rates are locked for the life of active membership and are not transferable if membership lapses
• Membership may be cancelled at any time. No refunds are issued for prepaid membership periods
• Benchlytics reserves the right to terminate membership for breach of these terms, submission of fraudulent data, or conduct that undermines the integrity of the research consortium

Data submission

By submitting data as a consortium member, you represent and warrant that:

• You have the authority to submit this data on behalf of your organization
• The data is accurate to the best of your knowledge and belief
• The submission does not violate any agreement, law, or obligation your organization is subject to

Submitted data is used solely for the purpose of generating benchmark datasets. Benchlytics does not use submitted data for any commercial purpose beyond the research program you enrolled in.

You grant Benchlytics a license to use submitted data in anonymized, aggregated form to produce benchmark reports and datasets. This license persists after membership ends for the purpose of maintaining historical benchmark data.

Intellectual property

The benchlytics.com platform, its design, content, and methodology documentation are the property of Benchlytics and its licensors. Nothing in these terms grants you any right to use the Benchlytics name, logo, or methodology documentation beyond what is necessary to use the platform as intended.

Published benchmark reports are the intellectual property of Benchlytics. Individual organizations retain rights to their own contributed data. Benchlytics owns the aggregated, anonymized dataset as a whole.

Disclaimer of warranties

Benchlytics provides its platform and reports on an "as is" basis. We make no warranty that reports are error-free, complete, or suitable for any specific purpose. Benchmark data reflects what participating organizations submitted and what is available in public filings. It is not a substitute for professional financial, legal, or strategic advice.

Limitation of liability

To the fullest extent permitted by law, Benchlytics and its affiliates will not be liable for any indirect, incidental, consequential, or punitive damages arising from your use of the platform or reports, even if advised of the possibility of such damages. Our total liability to you for any claim will not exceed the amount you paid to Benchlytics in the 12 months preceding the claim.

Governing law

These terms are governed by the laws of the state of Tennessee, without regard to conflict of law principles. Any dispute arising from these terms will be resolved in the courts of Davidson County, Tennessee.

Changes to these terms

We may update these terms from time to time. Material changes will be communicated to active members by email at least 30 days before taking effect. Continued use of benchlytics.com or continued membership after an update constitutes acceptance of the revised terms.

Contact

Questions about these Terms of Service should be directed to legal@benchlytics.com.