Terms of Service

Last updated: january 2023

These Terms of Service (“Terms”) contain the agreement between you and Benchrates in relation of the Platform. Please, be sure to read these Terms thoroughly.

Please read our Privacy Policy, Cookies Policy and Community Guidelines in addition.

You make a contract with Benchrates when confirm that you accept these Terms or when you somehow use the Platform.

Shortly: It is a contract between you and Benchrates. You need to read it.

• Who you are contracting with

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  Your contract is with Benchrates Limited, which is a company located in the Republic of Armenia, office at 1/3 Tsitsernakaberd Highway, Yerevan, Armenia.

  Shortly: Benchrates company that you have a contract with. If we write or say “Benchrates”, “we” or “us” in these Terms, we are referring to that company.

• What services these Terms applies to

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  These Terms regulate your use of Benchrates (“Platform”), it's includes Benchrates apps, websites, software and affiliated services, which are available via any platform or device.

  Our Community Guidelines is a part of our contract with you. You confirm to us that you will perform with them when you agree to these Terms.

  Shortly: These Terms regulate to your use of the Benchrates websites, apps, software and affiliated services regardless of the way to access them. Also you must perform our Community Guidelines as part of contract.

• Using our Platform services

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  Our Platform

  We provide the Platform so that people can use it all over the world.

  The Platform gives the opportunity to you and other people to view, create and share content, interact and communicate with other users.

  We are sure that the platform should be a safe and comfortable place, so people relax, have fun and spend time useful.

  We use technologies (including automated), moderation, and reports from our users to determine violations and to perform our Community Guidelines and Terms. This is how we protect you and all of our users.

  Businesses and organisations pay our Platform for advertising products and services we show you. That's why we don't charge you a fee most of the features on the Platform.

  We use data that we collect about you for upgrade our services. In our Privacy Policy and Cookies Policy you can find information on how we use data and what data is it. Please, read these important documents.

  Shortly: You don't need to pay for our Platform but we give opportunities for third parties to advertise products and services on the Platform to you and they pay us for this advertise.

  Account

  If you have not account you can use some functions of the Platform. In this case these Terms will be extended to you and we will be process your personal data in accordance with our Privacy Policy.

  You must create an account on the Platform to access all features.

  When you create an account on the Platform you have to specify truthful information about yourself (including birthdate). You confirm you will update your information as quickly as possible if it had change.

  Please, should make safety and confidential to your account password. Do not share, tell or public it. If you have any doubts about third party access to your account, please, promptly use helpful features of your Account Management.

  Shortly: Account safety is important. Your information about yourself should be truthful and relevant.

  Age requirements

  The minimum age to use the Platform is 18 years old. You can use the Platform if you are 18 years old or older. If we have any suspects that your age under age rating we will have to block your account due to violation of these Terms.

  Shortly: Your age should be 18 years old or older to use our Platform.

  What you can do on the Platform

  Based on these Terms, you can use the Platform for the purposes listed below:

  • create content;
  • share content;
  • view content by other users;
  • use other temporary and new functionality opportunities of the Platform;

  We give you permission that:

  • is limited to what we have written we will allow in these Terms;
  • is exclusively only for you;
  • is limited to your use, you cannot transferred the permission to anyone;
  • can be revoked according to reasons agreed in these Terms;

  Shortly: You can use many features on the Platform if your age match age requirements.

  What you cannot do on the Platform

  All users (including you) have to observe Community Guidelines as a part of our contract with you. All content (including yours) also should be comply Community Guidelines. You cannot create, share or interact with any content on the Platform if you ignore or violate our Community Guidelines.

  Anyway, you have not to use the Platform to:

  • illegal activities;
  • negatively affect the enjoyment of other users;
  • interact with underage in an inappropriate way;
  • damage the Platform's security and operation;
  • extract data, content and anything else from the Platform by the use an automated software;
  • use someone else's account without registration or authorization;

  You have not to post or other way distribute content on the Platform which:

  • violates anyone else’s rights (including intellectual property, privacy, personality rights of living or deceased people);
  • constitutes, encourages or provides instructions for a criminal offence, or dangerous activities that may lead to serious injury or death or self-harm;
  • distributes dangerous misinformation such as misinformation that stir up hatred or prejudice that misleads about, incorrectly influences people choices or other processes of society;
  • includes any threat or description of actions which intimidates or harasses anyone, including posting any materials (content, text, photo, video, image) that is intended to mock, humiliate, embarrass, intimidate, or hurt an individual;
  • is obscene, pornographic, hateful or inflammatory or which promotes sexually explicit material (for example through a link to adult or pornographic websites);
  • includes or promotes violence or discrimination based on race, ethnicity, national origin, religion, sexual orientation, gender, health status, immigration status or age;
  • includes doubtful content (for example content that causes physical, mental or moral detriment to underages);

  Use report feature on the Platform you can send notifications about doubtful, illegal content or content that violate our Community Guidelines.

  Shortly: You need to perform rules of the Platform for your and other users convenience. If you find content which should not be on the Platform, please, use report feature.

  Your content

  Our features give you the opportunity to make your content. You have to know what happen with your content when you post or share it on the Platform:

  • You are responsible for the content that you create on the Platform. You need to have necessary rights to create, post or share that content.
  • We may block or delete content (including yours) if it violate our Community Guidelines or if it causes harm to us, our partners, our users or other third parties.
  • If we block or delete your content you will find out about it by use main features of the Platform (for example feeds), except when we figure that your content causes harm to us, our partners, our users or other third parties.
  • You may delete your content from the Platform when you want.
  • If other users of the Platform have used your content to create own content or shared your content on third party services, then that new content may be available on the Platform or those third party services even if you delete your content or your account.

  Shortly: You are responsible for the your content. Your content have not to violate Community Guidelines otherwise it may be blocked. You may delete your own content.

  Content ownership and license

  Your content remains yours. Nothing in these Terms changes this if you own intellectual property rights for content which you public on the Platform.

  We need some rights (a licence) from you that are necessary to give access to the Platform. When you create or in any way make a content on the Platform, you provide to Benchrates:

  • a non-exclusive (means that you can give a license your content to someone else),
  • a royalty-free (means that we don’t pay you for this licence),
  • a transferable (means that we can give these rights you give us to someone else),
  • a sub-licensable (means that we can give a licence your content to someone else, for exaple to providers that help us to maintain the Platform or third parties (our partners) that have contract with us to operate, develop and provide the Platform),
  • a worldwide (means that the licence applies all over the world).

  The licence to use your content, including to reproduce (for example, to copy), adapt or make related works (for example, to translate or links), perform and communicate your content to the public (for example, to display it), for the purposes of operating, developing and support the Platform.

  The licence that you give us is distributed to our partners as a part of providing the Platform.

  You give to each user of the Platform a non-exclusive, royalty-free, worldwide licence to access and use your content, including to reproduce (for example,. to copy, share or download), adapt or make related works (for example, to include your content in their content), to perform that content to the public (for example, to display it) using the features and functions of the Platform for entertainment purposes.

  Your licences to Benchrates and to users end when you close your account or when you or we remove your content from the Platform in accordance with these Terms. However, due to the nature of the Platform and our legal obligations, the licence granted will continue after you have removed your content to the extent that:

  • you give a permission, according to these Terms, other users of the Platform to use your content.
  • we must store or process your content for legal obligations.

  If you send us ideas, comments or wishes to upgrade or change the Platform you give us a permission that we are free to use them for any purposes of developing, supporting, upgrading, operating the Platform.

  Shortly: When you create content on the Platform, it is yours, but we can show it to other users and use it according to the Platform purposes and other users may be able to use it too. If you delete your content, copies or references of it made by other users may left on the Platform.

• What you can expect from us

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  We promise to give a access to the Platform and work professional while we offer the Platform. We will do everything in our power to make the Platform safe for all our users. We do not promise to provide the Platform forever and with current features and appearance for any time period.

  The content is mainly user generated on the Platform or created third party partners. In short Benchrates do not create the most of the content on the Platform (but Benchrates can create some content). So, according to any mandatory regulations or laws (including sectorial regulations or laws) applicable to Benchrates, Benchrates cannot and does not promise that any users content that you find on the Platform:

  • is accurate, complete or up-to-date;
  • does not infringe third party rights;
  • is legal;
  • will not offend you;

  You confirm that you understand and agree that the content which you may see on the Platform does not reflect our values and may not to be to your purposes.

  On the Platform may to be links to third party websites, advertisements, services, offers or other events or activities that are not provided, owned or controlled by Benchrates. We disapprove such third party websites, advertisements, services, offers, events, activities, information, materials or products. You use them at your own risk.

  On condition we worked professional we do not take responsibility for loss or damage caused by us, unless it is:

  • a violation of these Terms on our side;
  • reasonably foreseeable at the time of entering into these Terms (i.e. either it is obvious that it will happen or if, at the time of this contract, it is known that it might happen);

  We do not take responsibility for loss or damage if it is caused by events beyond our reasonable control.

  These terms do not apply rights that you cannot contractually agree to edit or relinquish or are legally always entitled to as a consumer.

  You will always have the full protections of the laws that apply to you. We do not limit our liability to you where it would be unlawful.

  Shortly: We will work professional for secure and comfortable our Platform for you and other users, but you confirm that you understand that we have not control to all content on the Platform. We also cannot promise that all content on the Platform match your purposes.

• Suspending or terminating your access to services

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  Your rights

  You can end your relationship with Benchrates at any moment just deleting your account and stopping to use the Platform. But part of your content still may keep on the Platform after deleting your account according to these Terms.

  Shortly: You can simply delete your account and stop to use the Platform when you want. But we want you to stay as long as possible.

  Our rights

  We can check your content if you violated our Community Guidelines (for example, after report from other users) or these Terms. That way we can delete part of your content or all your content or stop your access to some features of the Platform or block your account completely depending on severity of the violation. This can happen if:

  • we identified that you are in material or repeated to violate of these Terms or our Community Guidelines;
  • if there are signs that you are going to violate Community Guidelines;
  • we are legally required;
  • it is required to prevent a serious technical or security issue.;

  If your account has been blocked or we delete it according to violate these Terms or Community Guidelines but you use our Platform again (for example, using new account), we have the right to block any such accounts.

  If your account has been blocked we will notify you using features of the Platform, unless it is not appropriate for us to do so or we identified that continued access to your account may be damage to us, our partners, our users or third parties, or we are not allowed to do this by law.

  Shortly: If you violate our Community Guidelines or these Terms we can take actions to your account including blocked it.

• Changes of these Terms or the Platform

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  What happens when we make changes

  Before this do, we will consider your interests and will notify through features of the Platform about changes which will affect you. The changes will only apply to future terms.

  Where we need to make emergency changes for security, safety, legal or regulatory requirements, we may not be able to notify you, but we can it in the near future.

  If you do not agree to the changes to the Terms or the Platform, you will have to stop using the Platform.

  Shortly: if these Terms change, we will notify you. It only concerns the future terms, but, if you want to use the Platform in the future, you will need to agree to the changes.

  Reasons for changes

  We may make changes to these Terms or the Platform to next reasons:

  • changes in circumstances which we cannot control;
  • changes in the law;
  • changes we make to the Platform during our product development;
  • to adapt to new technologies;
  • to control changes on the Platform (for example, number of users) or any features or functionality of the Platform;
  • to solve security issues;

  Shortly: Our Platform will change, but we will notify you about changes working to improve it.

• Settling disputes

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  These Terms are governed by the law of the jurisdiction in which you are a resident.

  We will first try and resolve dispute with you through honest negotiations if we have it.

  Shortly: We hope we will not disputes but, if it will we will first try and resolve dispute with you through honest negotiations.

• Other

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  These Terms, and any rights and permissions granted in them, may not be transferred or assigned by you, but may be assigned by Benchrates without restriction. If we do so, this will not affect your rights as a consumer. And, if you disagree, you always have the right to terminate the contract and stop using the Platform when you want.

  Shortly: If in the future we sell all or part of, or reorganise our business, another company may giving to you the access to the Platform.

  We may reclaim your account name and might make it available to other users when you have not logged into your account for 6 months or if we identified that your account name violates our Terms and/or Community Guidelines (for example, your account name violates third party trademark).

  Shortly: We may reclaim your account name in some cases.

  Even if we or you delay in enforcing a provision of these Terms, either of us can still enforce it later. If we or you do not insist immediately that you or we do anything the other is required to do under these Terms, or if there is a delay in taking steps against the other in respect of breaching these Terms, that will not mean that we or you do not have to do those things and it will not prevent us or you from taking steps against the other at a later date.

  Shortly: Just because you or we do not rely on one of these Terms, this does not change the fact that we both agree that these Terms, as written, are the agreement between us.

• Contact us

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  You can contact us: support@benchrates.com