BENCHMARK SPORTS – TERMS OF SERVICE

INTRODUCTION

These Terms of Services, any terms we may publish from time to time within the Software (together our Terms), govern your access to and use of our software application, Benchmark Coach™ or other applications advertised under the Benchmark™ brand, which we may offer through browser based software interfaces on a software as a service basis (the Web App), and mobile software application (the Mobile App) (each or both, as applicable, of the Web App and the Mobile App together the Software) including any content or functionality offered on or in connection with the Software.

Our Terms make up our agreement with you, setting out the basis on which we provide you, and you may access and use, the Software. In the event of any conflict or inconsistency between the terms on this page and any other terms published within the Software will take precedence.

By checking the acceptance box or accessing or using all or any portion of the Software, you are accepting our Terms. You agree that our Terms are enforceable like any written agreement signed by you. If you do not agree to all of our Terms, do not access or use the Software.

We may amend our Terms from time to time. Where we make changes we will update them accordingly and may, in our sole discretion, notify you of such changes via the email address associated with your Account or through the Software. By continuing to access or use the Software on or after the date of the revision, you agree to be bound by the revised Terms. When you sign up to use the Software, you should check the latest version of the documents making up our Terms to make sure that you understand what terms will apply.

This version one of our Terms was most recently updated on February 2026. Where amended versions are published in future you may obtain any historic terms by contacting us at info@benchmarksports.co.uk.

The Software is made available solely to Sports Clubs, Coaches and their Authorised Users, in each case where the relevant Sports Club or Coach has purchased User Licences directly from us. Accordingly, by accessing or using the Software on behalf of a Sports Club or Coach, and purchasing licence for Authorised Users, you confirm that you do so in the course of your trade, business, craft or profession and not as a consumer.

These Terms cover usage both by Sports Clubs and Coaches (together our Customers), and by Authorised Users for whom they have purchased User Licences. At the appropriate sections below, we indicate which elements relate to Customers, and which to their Authorised Users.

If you are signing up to the Software on behalf of a Sports Club or Coach, then you must be authorised to sign for and bind that entity or person in order to accept our Terms, and you hereby represent and warrant that you have full power, right and authority to enter into our Terms on their behalf.

DEFINITIONS

We use the defined terms in bold text throughout our Terms, which each have the meanings set out below. They should make sense where used in our Terms, but are helpful to know:

Account orYour Account means your account through which you log in to access the Software, which serves as your identity on the Software.

Authorised User means those members of the Sports Club, or individuals being directly coached in person by a Coach, who are authorised by the relevant Customer to use the Software, who have agreed to these Terms and in respect of whom the Customer has purchased a User Licence;

Benchmark, we, us or our refers to us, Benchmark Sports Technology Limited, a limited company based in Northern Ireland registered under company number NI731572. Our registered office address is at 303 Loughmacrory Road, Carrickmore, Omagh, Northern Ireland, BT79 9BH

Billing Cycle has the meaning given in Section 5 below;

Business Day means any day which is not a Saturday, Sunday, bank or public holiday in Northern Ireland;

Charges means the applicable charges for use of the Software from time to time;

Content refers to content featured or displayed through our Software or made available through our Software, including without limitation text, data, articles, images, photographs, graphics, videos, applications, packages, designs, features, and other materials that are available on our Software or otherwise made available by other Users through the Software.

Consumer Prices Index means the index of that name published by the UK Office of National Statistics, or such successor body or successor index as shall apply from time to time in future (so as to most closely mirror that index);

Controller, Processor, Data Subject, Personal Data, Personal Data Breach, processing and appropriate technical and organisational measures each have the meaning given to them in relevant Data Protection Law;

Customer means the Sports Club or Coach who is paying for the relevant User Licences in respect of the Software;

Customer Content means Individual Content other than that held in private messages between Authorised Users, which shall be owned by the Customer whose Authorised Users have generated it;

Customer Equipment means, in respect of the Web App, a functioning hardware system and software facilitating access to the following modern and high usage web browsers, namely: Chrome, Mozilla, Firefox, Safari or MS Edge, for the current and previous version of each such browser (HTML5 Enabled) and, in respect of the App, a modern functioning Apple or Android mobile or tablet device capable of running applications, and internet access, or such other relevant software and/or hardware reasonably notified to Customer by Benchmark from time to time;

Data Protection Law means all applicable data protection and privacy legislation in force from time to time in the UK or the other jurisdiction in which Customer is based, including, to the extent applicable, the UK or EU General Data Protection Regulation (GDPR);

Documentation means any manuals, documentation and other supporting materials relating to the Software that we provide or make available to you.

Individual Content is Content that you create, including sports drills or content. All Content that you upload is deemed to be Individual Content by default.

Our Content is Content that we (or our third-party licensors/service providers) own. All Content that is not Individual Content or User Content is Our Content.

Our Website means our website located at https://benchmarksports.co.uk/ plus any relevant sub-domains or other websites we operate from time to time through which you may access.

Other User means any individual or entity, other than you, who accesses or uses the Software, or the Software, including those who may upload, share, or interact with Data, Content, or communications within the Software.

Privacy Policy means our privacy policy or notice which applies to the personal data or information which we or our affiliates process from time to time, the latest copy of which is available at [https://benchmarksports.co.uk/app-privacy-policy/] .

Purpose means accessing and using the Software to, for Sports Clubs or Coaches, utilise or pay for existing Sports Drill Data made available through the Software, communicate with Sports Clubs or other Coach users, amongst Authorised Users, using the Software’s communications functionality, processing or managing internal drills, sessions or plans and otherwise utilising the contemplated functions of the Software, for the purposes of their own internal Sports Club or Coach network usage only.

Renewal Period means rolling terms of the same duration as the Initial Subscription Term (or such other period as the Customer may subscribe for using the Software);

Sensitive Data means personal financial account information; national insurance or social security numbers or equivalents; passport numbers; driver’s licence numbers or similar identifiers; passwords; physical or mental health information; including any information defined under the relevant UK and European data protection legislation as “Sensitive Personal Data” (or any similar term which may apply from time to time), or any information subject to the Payment Card Industry Data Security Standards, and other regulations, laws or industry standards designed to protect similar information as amended or applicable worldwide from time to time;

Software has the meaning given to it above;

Subscription Charges means the total amounts specified online to Customer when purchasing User Licences from time to time or otherwise payable in accordance with these Terms, to be paid in accordance with the timeframes and other stipulations provided for in these Terms;

Subscription Term means, in respect of each User Licence, the term beginning on the Commencement Date, and continuing for the Initial Subscription Term, and any Renewal Periods (subject to clause 15.4), unless and until these Terms are terminated;

Subscription Tier is the specific plan the Customer selects for access to the Software, defined by its price, number of User Licences and which may also specify particular Software Feature, storage or Support limits, with those entitlements applying for each annual billing cycle unless varied or cancelled in line with these Terms;

Support means the support services to be provided by Benchmark in relation to each Authorised User, for the relevant Subscription Term, and made available, unless otherwise specified, during Benchmark’s standard business hours (9am to 5.00pm UK time on Business Days) via email contact at info@benchmarksports.co.uk, on a second-line basis only. Customer agrees to provide access to Benchmark to their account where required in order to provide remote support. Benchmark may also provide online support resources for Authorised Users;

Sports Drill Data means any sports drill Content uploaded to the Software for viewing by Other Users;

Trial Period means a free-of-charge trial licence period, if offered to the Customer;

User, You, and Your refer to the individual or entity accessing the Software, or using/directing the use of the Account; or that mandates the use of the Account in the performance of its functions, and may, as the context requires or permits, also refer to the Customer (where you are acting on behalf of the Sports Club or Coach who has purchased User Licences for the Software);

User Content typically refers to Content created or uploaded by users other than you, but where the context requires, includes Individual Content; and

View-Only User means an Authorised User who is only permitted to view Sports Drill Data and other shared Customer Content disseminated by their Sports Club via the Software, but is not permitted to access any interactive-messaging functionality within the Software. By default, Authorised Users who are not View-Only Users are Coach Users.

The following rules shall also apply in interpretation of these Terms:

Clause headings shall not affect the interpretation of these Terms. References to clauses are to the clauses of these Terms.

Words in the singular shall include the plural and vice versa.

A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.

Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

1. USER LICENCES

The following provisions of Section 1 are directed to you only where you act as a Customer, purchasing User Licences for the Software on behalf of a Sports Club or Coach. They do not apply to you where you are a third party individual User, accessing the Software through a User Licence paid for by your Sports Club or Coach.

Subject to payment and the other restrictions set out in these Terms, Benchmark hereby grants to Customer, subject to any restrictions set out in these Terms, including any restrictions applicable to the type of User Licence each Authorised User has been granted, and subject to each Authorised User separately agreeing to these Terms, a non-exclusive, non-transferable right to permit the Authorised Users to use the Software during the Subscription Term solely for the Purpose.

In relation to the Authorised Users, Customer undertakes that (not in an individual capacity, but acting on behalf of the relevant Sports Club or Coach who has purchased the relevant User Licences):

it shall be responsible for compliance by Authorised Users with these Terms and that the restrictions on Customer set out within these Terms shall, unless the context requires otherwise, equally apply to any such persons;
the number of Authorised Users shall not exceed the number of User Licences Customer has purchased from time to time and Customer will not permit use by the Authorised Users to exceed the type of User Licence purchased;
it will not allow or suffer any User Licence to be used by more than one individual Authorised User unless it has been reassigned in its entirety to another individual Authorised User, in which case the prior Authorised User shall no longer have any right to access or use the Software and/or their documentation;
Benchmark may be entitled to monitor or audit use to ensure that the number of Authorised Users aligns with the number of User Licences Customer is entitled to, and if Customer has underpaid Subscription Charges to Benchmark, then without prejudice to any other right to which it may be entitled, Customer shall pay to Benchmark an amount equal to such underpayment (as calculated by reference to the Subscription Charges for additional Authorised Users) within 10 Business Days of the date of discovery and invoicing; and
if Benchmark’s monitoring and auditing of the Software reveals that any password has been provided to any individual who is not an Authorised User, then without prejudice to Benchmark’s other rights, Customer shall promptly disable such passwords and Benchmark shall not issue any new passwords to any such individual.

The rights provided under this clause are granted to Customer only, and shall not be considered granted to any subsidiary or holding company of Customer.

2. SERVICES AND BENCHMARK’S OBLIGATIONS

The below commitments are given only to the Customer on a corporate level, and not to any individual Authorised Users.

Benchmark shall supply, during the Subscription Term the Support, the Software and any agreed Profession to Customer on and subject to the terms of these Terms.

The provision of the Software (particularly the Web App) shall be subject to ongoing provision by Benchmark’s hosting services provider from time to time. Benchmark shall use reasonable endeavours to inform Customer in advance of any planned service interruption to the Software / Web App.

Benchmark will, as part of the Software and at no additional cost to Customer other than the Subscription Charges, provide Customer with the Support in accordance with Benchmark’s support services policy in effect at the time that the Software are provided, subject to fair usage of the Support by Customer. Benchmark may, from time to time at its discretion, generally upgrade and improve the Software as it sees fit and Customer acknowledges that such upgrades and improvements may affect its use of the Software.

Bespoke upgrades to Software may be undertaken on request, subject to confirmation by Benchmark, and are charged for by Benchmark at its then prevailing standard daily rate for Professional Services. Any on-site support required by Customer and agreed by Benchmark will be chargeable at Benchmark’s then prevailing standard daily rates as a Professional Service.

These Terms shall not prevent Benchmark from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under these Terms.

Timing for performance of Benchmark’s obligations under these Terms shall not be of the essence.

Benchmark’s Warranty

Benchmark undertakes that any professional services it provides will be performed with reasonable skill and care expected of a suitably skilled person engaged in the same type of business as Benchmark, and that it will use reasonable endeavours to ensure that the Software functions as intended.

The above undertaking shall not apply to the extent of any non-conformance which is caused by (a) use of the Software contrary to Benchmark’s instructions or otherwise than as permitted by these Terms, (b) modification or alteration of the Software by any party other than Benchmark or Benchmark’s duly authorised contractors or agents, (c) issues with Customer Equipment; (d) interaction of the Software with other software programmes or plugins maintained by Customer; (e) use of the Software in an application, or with any software, hardware or materials for which it was not intended; or (f) acts or omissions otherwise attributable to Customer and/or outside Benchmark’s reasonable control.

If the Software does not conform with the foregoing undertaking, Benchmark will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance within a reasonable timeframe, or provide Customer with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes Customer’s sole and exclusive remedy for any breach of the undertaking set out above. Notwithstanding the foregoing, Benchmark does not warrant that Customer’s use of the Software will be uninterrupted or error-free, nor that the Software and/or its documentation will meet Customer’s requirements or that any use will be uninterrupted or error free. Customer acknowledges that it has assessed the suitability of the Software for its requirements.

Benchmark warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under these Terms.

3. ACCOUNT TERMS

The terms below apply to both Customer, on a corporate level, and also to each individual Authorised User.

ACCOUNT TERMS

The Software is intended for use by individuals located in the United Kingdom, Ireland and other English‑speaking countries. Because the Software includes features that allow communication, uploading of content and participation in interactive training environments, age‑based restrictions apply.

Children under the age of 16, or who are younger than the minimum age required for digital consent in the country where they reside, may only hold a View‑Only Account. A View‑Only Account allows the User to view Sport Drill Data and other training content that has been uploaded by their Sports Club but does not allow the creation or posting of Content, use of chat functionality or any form of interactive communication within the Software.

Children aged 16 to 18 may access the Software’s interactive features, including the chat functionality, which operates in a similar manner to messaging platforms. However, users in this age group may only do so where they have obtained verifiable parental or guardian consent. We may request evidence of such consent at any time.

Benchmark does not knowingly collect personal data from children under the relevant age limits or direct our Software specifically towards them. If we learn, or have reasonable grounds to suspect, that a User does not meet the required age threshold or has accessed interactive features without the necessary parental consent, we may suspend or terminate the relevant User account.

Users and Customers who create accounts on behalf of minors are responsible for ensuring that all registrations comply with applicable child‑protection and parental‑consent laws in their jurisdiction, including those relating to online services, digital consent and children’s data rights.

Generally, all Users will be required to create an account and specify a password in order to use the Software. To create an account, you must be a single human person responsible for everything done under that Account. You must also be capable of entering into legally binding contracts, both on your own behalf, and on behalf of the Customer (where applicable). Accounts registered by automated methods or by multiple individuals are not permitted.

When opening your Account, you warrant and represent to us that all information you provide in connection with your account application is true, accurate and complete and that you will inform us it changes at any time whilst you use our Service.

If you do not meet the above criteria, you must not open an account on the Software. We reserve the right to refuse Service made available by the Software to anyone for any reason at any time, and we may operate on an application only basis (access is not guaranteed).

You must not allow any other individual to access or use your account, remain responsible at all times for any actions taken using your Account and should use your best efforts to prevent any unauthorised access to your Account or the Software.

Account Rules and Requirements

Where you open an account with us via our Software, you must abide by specific rules, which we outline through our Terms. We have set out some of the most important rules in our Terms below, but these are in addition to any more specific rules we may set out on our Software from time to time (which apply to the extent permitted by law).

You are solely responsible for providing, maintaining and ensuring compatibility with the Software, including but not limited to, any hardware, software, electrical, telecommunications, internet access connections, web browsers, and other physical requirements for access and use of the Software.

You are solely responsible for maintaining the security and confidentiality of your user identification, password used to access your Account, and other confidential information relating to your account. You acknowledge and agree that we shall have no responsibility for any incident arising out of, or related to, your Account or Account settings. You are fully responsible for all activities that occur under the Account and any other actions taken in connection with it. You shall use best endeavours to keep all details confidential, and must immediately notify us of any suspected or actual unauthorized access or use of your account or password (or if, as a Customer, you believe access keys or download links have been sent to unauthorised third parties). If You notify us or if we otherwise suspect such activity, You agree to cooperate with us in any investigation and to use any prevention measures we prescribe.

Prohibited Uses

You may use our Software only for lawful purposes. You may not use our Software:

In any way that breaches any applicable local, national or international law or regulation, including any copyright or trademark laws, export control or sanctions laws. You are responsible for making sure that your use of the Software complies with laws and any applicable regulations, including that you are not prohibited from using or receiving the Software by any relevant laws in the UK, Ireland or which apply in the country in which you are resident or from which you propose to use or access same;
In any way that is unlawful or fraudulent, or has any illegal or fraudulent purpose or effect;
In any way which interferes with the use of our Software by Other Users, or attempts to harm them or their business;
To harm or attempt to harm others in any way, including to bully, insult, intimidate or humiliate any person or to engage in discriminatory conduct or content based on race, gender, colour, religious belief, sexual orientation, disability or similar protected characteristics.
If you are not able to form legally binding contracts or are under the legal age in the country in which you reside (or to whose laws you are subject at any time);
To attempt to, or access data not intended for you, such as accessing others’ accounts;
To attempt to scan or test the security or configuration of our Software or to breach security or authentication measures without proper authorisation from us or to assist any third party in doing so;
To send, knowingly receive, upload, download, use or reuse any material which does not comply with our content standards or general standards of decency and propriety including any material that is defamatory, obscene, infringing, harassing, racially or ethnically offensive, or which depicts sexually explicit images, or which has been captured of any sports’ participation without the relevant participants’ informed consent or another lawful basis; or
To transmit or procure any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam), or any other chain letters or promote any pyramid schemes, other than lawful marketing or bona fide commercial content directed to individuals who have expressly opted into receiving such content (and have an option to opt out of receiving it) which is sufficient for the purposes of all relevant data protection, e-privacy or similar laws or legislation in the UK, Ireland, the EU and the jurisdictions in which you, and the relevant recipient, are based.

You also agree:

Not to harvest or otherwise collect information about other Users, including email addresses, usernames or Individual Content, without their consent, or otherwise access, monitor, or copy any content or information from our Software using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
Not to act illegally or maliciously against our business interests or reputation, or that of other Users;
Not to take any action that might undermine the feedback or rating systems forming part of our Software;
Not to, or attempt to, copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software or the Software in any form or media or by any means or attempt to circumvent any technical protection measures, usage limits or licence restrictions that apply to the Software;
Not to, or attempt to, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software (or their underlying software), access all or any part of the Software to build a product or service which competes with the Software;
Not to licence, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Software or the Software available to any third party, or use the Software to provide outsourced, bureau or other services to third parties, except to Authorised Users (as permitted herein);
Not to access without authority, interfere with, damage or disrupt any part of our Software, any equipment and not to take any action that places excessive demand on our Software, or imposes, or may impose an unreasonable or disproportionately large load, or otherwise disable, overburden or impair (as determined in our sole discretion), our servers or other portion of our infrastructure supporting our Software, the network on which our Software is stored, any software used in the provision of our Software or App or any equipment or network or software owned or operated by any third party or interfere with the integrity or performance of any third party data accessible through the App;
To use our Software in compliance with any applicable terms that are relevant to in the context of any organisation or company on whose behalf you are working or whom you may represent when using the Software (e.g. your employer on whose behalf you are using the Software), and generally per any legal requirements that may otherwise apply to you;
Not misuse our Software by knowingly introducing viruses, trojans, worms, logic bomb, or otherwise technologically harmful material. You must not attempt to gain unauthorised access to the server on which our Software resides or any server, computer or database connected to our Software or attack our Software via a denial-of-service attack or a distributed denial-of-service attack; and
Not to combine the Software or any part of it with, or permit it to be incorporated into, any other programs or systems without our prior written consent.

The Software is designed for the upload and sharing of sports‑related content, including video footage of drills, which may incidentally reveal information about an individual such as racial or ethnic origin or health‑related attributes that can be observed from performance or appearance. However, we otherwise require you to avoid deliberately uploading or entering other Sensitive Personal Data (including financial data or medical information) unless it is inherent in the nature of the sports content being captured (for which the Software is intended). Where any such Sensitive Personal Data is included in material uploaded or shared through the Software, you share it at your own risk and on the basis that you have obtained all necessary consents from any identifiable individuals other than yourself to whom it may relate. You and the Customer each acknowledge that the Software does not employ enterprise‑level security measures or protections intended for platforms that routinely process sensitive personal data, and that you remain responsible for ensuring that any such information is lawfully shared.

By breaching these provisions, you may commit a criminal offence in the UK, Ireland or elsewhere. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them.

You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Software.

To note, we do not actively monitor content uploaded or processed using our Software. If you are reviewing this policy because you believe your or your organisation’s data has been used in violation of these Terms, please contact us.

Account Administration

Subject to our Terms, both you individually, and the Customer who has paid for your User Licence, are responsible for your Account, your Individual Content uploaded through it and your interactions with other Users.

By providing any information that relates to a Sports Club or Coach (or other entity), you warrant and represent that you are legally authorised to do so. You also warrant and represent that you are legally permitted to deal with any Content you make upload, access, amend or make available via the Software (either publicly or privately).

You are responsible for keeping your Account secure while using the Software, including maintaining your account security at the highest possible level and not disclosing credentials to third parties.

We may offer tools such as minimum password requirements (or optional two-factor authentication) to help you maintain security, but the content of your Account and its security are up to you. If you suspect that anyone other than you has wrongfully obtained your password, you should immediately both reset it and inform us if you suspect any unauthorised, fraudulent or wrongful activity has occurred through your account.

Both you and the Customer are responsible for all Content posted and activity that occurs under your Account.

You accept that we are not liable for any loss or damage from your failure to comply with this security obligation.

Additional Terms and Third-Party Websites and App

Please note that third party’ legal terms may apply to your use of our Software. For example, you may be required to agree and adhere to third party terms where, for example, you link to a third party website or application via our Software.

Note that whilst our Terms set out your relationship with us, other parties’ terms govern their relationships with you, including any agreements which you may reach with other Users of the Software.

Whilst we take no responsibility for any User’s adherence to such terms or the actions taken by such third parties, you warrant and represent that you will honour and adhere to such terms when using the Software and that you will not hold us responsible for any interactions with such third parties or their terms, including for wrongful or negligent acts or omissions, or breaches of contract.

We do not control such sites, applications or resources provided by third parties, or the content, messages or information found in or on, or accessible through them or through the Software, including all Content uploaded to the Software. Whilst we have restrictions around such content and information in our Terms, we do not proactively enforce these and on that basis we disclaim and will have no liability regarding such sites, App or Content and any actions resulting from your use of the same. The availability of such sites or App on our Software, or their recommendation by Other Users of the Software, does not mean we endorse, support or warrant such Content, sites, resources or App.

Customer’s Corporate Obligations

Customer shall:

at its cost, provide Benchmark with all necessary co-operation in relation to these Terms, and all necessary data and access to information as may be required by Benchmark, its agents or contractors, in order to render the Software, including but not limited to applicable specifications, data management decisions, approvals, security access information and configuration services;
comply with all applicable laws and regulations with respect to its activities under these Terms;
carry out all other Customer responsibilities set out in these Terms in a timely and efficient manner. In the event of any delays, Benchmark may adjust any agreed timetable or delivery schedule as reasonably necessary;
ensure that the Authorised Users use the Software in accordance with the terms and conditions of these Terms and shall be responsible for any breach of these Terms by either;
obtain and shall maintain all necessary licences, consents, and permissions necessary for Benchmark, its contractors and agents to perform their obligations under these Terms, including without limitation the Software;
ensure that its network and systems comply with the relevant specifications provided by Benchmark from time to time;
be solely responsible for procuring Authorised Users maintain appropriate Customer Equipment;
acknowledge that its Authorised Users are solely responsible for generating Customer Content required to utilise the Software and interacting with the Software; and
comply and procure the compliance of its Authorised Users with any reasonable directions given to it by Benchmark from time to time.

Data Standards and User Interaction

Individual Content

You may create or upload Individual Content while using the Software. Together, you, and the Customer who has paid for your User Licence, are solely responsible for the content of, and for any harm resulting from, any Individual Content that you post, upload, link to or otherwise make available via the Software, regardless of the form of that Data. We are not responsible for any public display or misuse of your Individual Content unless we have breached our obligations to keep any private Individual Content or Customer Content confidential.

You warrant and represent that you will only upload Content that you have the right to post and that you will fully comply with any third-party licences relating to Content you interact with or upload. In particular, where you are sharing Individual Content that does not directly relate to you (e.g. where you are the admin or super user of a club and you share links to other users authorised to download the Mobile App or access the Web App), including where you use the Software to capture videos, images or audio relating to third parties (for example videos of training drills), you must ensure you have their consent or another lawful basis to do so and have shared our Privacy Policy with that person/those people, and in accepting these Terms, you accept and acknowledge on behalf of both yourself and Customer on whose behalf you are using Benchmark’s Software that you will do so.

We do not pre-screen or actively monitor Individual Content. Still, we have the right (though not the obligation) to refuse or remove Individual Content that, in our sole discretion, violates any of our Terms or policies (including the Standards outlined below).

If we remove your content or suspend or terminate your Account (as noted below), and you believe this was in error, you may contact us at info@benchmarksports.co.uk to request a review. We will review any such requests and inform you of our decision, although repeated or serious violations may not be reversed.

Individual Content Standards

These standards (Standards) apply to any Individual Content that you upload to our Software. The Standards must be complied with in spirit and to the letter and apply to each part of Individual Content and its whole. We will determine, at our sole discretion, whether any Individual Content breaches our Standards.

You warrant that any Individual Content complies with the Standards set out in our Terms.

Any Individual Content must comply with the law applicable in the UK, Ireland and in any country from which it is posted.

Individual Content must not:

Infringe any copyright, database right, trademark or other intellectual property rights of any other person;
Breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
Be harmful, defamatory, threatening, offensive, inaccurate, abusive, harassing, or otherwise inappropriate language, including without limitation, bigotry, racism, discrimination, hatred, or profanity
Promote any illegal activity;
Be pornographic, graphic or objectionable, including but not limited to nudity and depiction of drug use;
Be in contempt of court;
Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
Impersonate any person, or misrepresent your identity or affiliation with any person;
Give the impression that it emanates from or relates to us or one of our employees, or a company or entity and one of its employees or representatives, unless genuine;
Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducements to the commission, preparation or instigation of acts of terrorism;
Contain viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to affect any computer software or hardware operation adversely; and/or
Contain personal attacks, threaten physical confrontations and/or sexual harassment.

Where the Software allows you to share messages, images or videos with other users within your Sports Club or Coaching network, please use these features responsibly.

Whilst Benchmark accepts no responsibility for how other users may use the Software, we require all Users to only use other Users’ Content for the purposes that were expressly authorised or reasonably contemplated by the relevant User.

For example, where you receive another User’s contact details, you must not scrape contact details at scale or use them for advertising.

We expect you to secure any Content you gather from other Users and to respond promptly to complaints, removal requests or “do not contact” requests from Benchmark or other Users. Please remember that messaging or other interactive features may allow recipients to store or redistribute content you share, and Benchmark cannot prevent this. Your interactions with other Users, and any processing of your data by them, are governed by their own actions rather than these Terms. You should therefore only share information you are comfortable making available within your Sports Club or Coaching network.

Coach Qualifications

If you are using the Software as a Coach or providing training drills and guidance, you represent and warrant that you possess the appropriate qualifications or experience to provide such coaching advice. You agree to follow applicable safeguarding guidelines and health and safety practices when delivering any training Content. For example, ensure you have obtained consent for any minors featured in content and that your drills are safe, conducted with proper supervision, and in appropriate environments. You are responsible for obtaining any insurance (e.g. professional liability or public liability insurance) that is customary or required for sports coaching activities in your jurisdiction. Benchmark does not vet or certify the qualifications of Coaches on the platform so it is your duty to act within the scope of your expertise and any club policies, your insurance and other legal obligations and any professional standards or duties.

4. ACCESS AND RIGHTS TO DATA

These provisions are relevant both to Customers and to individual Authorised Users.

Where we include any feature that allows you as an individual Authorised User to store Individual Content privately on your Account (for example, private messages with Other Users) we consider this data to be confidential to you, and it will not be accessible to or viewable by the Customer or their admin User.

This does not apply to other Individual Content shared across the Sports Club or Coach channels, outside of private messages with other Authorised Users, which shall be considered as Customer Content, rather than Individual Content. We consider all such data to be confidential to the Customer, and it will not be viewable outside of the Sports Club network (including Authorised Users).

Different access privileges can be configured for different kinds of data, and the Customer’s admin user may generally have more access and control than each individual Authorised User. Authorised Users who are given “Coach” accounts, as opposed to “View-Only Accounts” will also have full access to all Customer Data stored on the Sports Club network within the Software, other than data stored in private messages, as well as the ability to edit such data, including Sports Drill Data.

Access

Typically our personnel may only access such Individual Content in the following situations:

with your knowledge, for support or customer service reasons;
if we have reason to believe the contents of a private Account violates our Terms (including where we receive complaints from Other Users), in which case we reserve the right to access, review, and remove relevant data;
where we are compelled by law to disclose such data;
when access is required for operational or security reasons, including when access is required to maintain ongoing confidentiality, integrity, availability and resilience of our systems and App (in which case access will be limited to specifically authorised personnel and only exercised to the extent necessary to facilitate such purposes);
to operate, maintain and improve the Software and its related features (provided that provided that any data used to improve does not identify Customer or any individual and cannot reasonably be reverse-engineered to do so). Benchmark do not treat specific Confidential Information, for example, Customer names, or any Personal Data, as non-identifying information;
Where necessary to give you to access the Software and related features, engage with the content or otherwise interact with Software;
For the purposes of detection and prevention of fraud or other security incidents or safeguarding incidents (see further detail below); or
where we otherwise need to comply with a legal or regulatory obligation.

These activities are intended to contribute to a safe, productive environment and to the Software’s features and reliability.

You may also choose to enable additional access to your Individual Content, for example, where you share content of messages with one user with Other Users.

Please note that any such Individual Content (or recompilation of it) may be viewed or captured by third parties where you share it with anyone (including individuals other than the person you shared it with, where they share it onward). This also applies to all Sports Drill Data, which by default may be viewed, utilised and accessed by Other Users, including the Customer (to whom it will belong), as noted below.

5. SUBSCRIPTION TIERS AND CHARGES

The terms in this Section 5 only apply to the paying Customer, and not to individual Authorised Users for whom they’ve purchased User Licences.

Billing Cycles and Subscription Tiers

Our Software is made available with different Subscription Tiers which are subject to differences in pricing, number of User Licences (and possibly other differences including features available, storage restrictions, or level of Support offered), which are outlined on our Software from time to time.

A subscription starts on the date that you sign up and submit payment, excluding the Trial Period. If you are on a Free Trial, you will be notified that if you do not cancel your contract within the Trial Period then your credit card or other payment will be automatically debited at the end of the Trial Period, and your subscription will start on that date.

The first such subscription starts the first billing period. Each billing period or Billing Cycle is one year long. In each case you will be billed on the first day of each Billing Cycle, until your subscription is terminated in accordance with these Terms. With your 12-month Billing Cycle, the subscription will automatically renew on a 12 monthly basis.

Increases in the current Subscription Charges, or changes to the available features, Services, Support or number of clients / Users offered as part of any of our Subscription Tiers will be notified to you by e-mail or as a pop-up on the Software when you next log on. If you do not cancel your subscription, you will be deemed to have accepted such an increase or change and it will take effect on commencement of the next Billing Cycle.

If we make global changes to our Subscription Tiers we reserve the right to roll these out to all Customers using our Software, and so if you have paid in advance as part of any Billing Cycle, we reserve the right to either: (a) issue you with a full pro-rata refund (reflecting your usage of the Software to date during that Billing Cycle; or (b) issue you with a refund, or charge you an additional fee, which we (in our sole discretion) adjudge to be fair and reasonable in reflection of the reduced or increased features or limits (including Authorised User limits) available to you on the revised Subscription Tier plan. If we choose option (a) we will cancel your subscription with effect from the start of the monthly billing cycle at which the changes take effect. You would then be given the option to subscribe for a new extended billing cycle if you wished to.

You shall be entitled to upgrade your Subscription Tier during any Billing Cycle, and shall only be billed for the additional sums payable to move up to the next tier (on top of the charges already paid at the start of that Billing Cycle). You cannot downgrade your Subscription Tier during a Billing Cycle.

Subscription Tiers can be both downgraded and upgraded to take effect in the immediately following Billing Cycle, and the increased or decreased Subscription Charges will apply from the start of that Billing Cycle accordingly.

Please note that even if you do not use your subscription, or access the Software / Services, you will be responsible for Subscription Fees until you cancel your subscription, or it is otherwise terminated.

There may be storage limits associated with the Software, which is generally subject to fair usage limits. Benchmark reserves the right to charge for additional storage or overage fees at the rates specified by Benchmark to Customer from time to time, either by in-app notification within the Software or otherwise. These storage limits may differ between relevant Subscription Tiers.

Payment Terms

If any of your payments are not successfully settled, due to the expiration of your card, disconnection of your Stripe account, cancellation of a direct debit, your card being declined due to insufficient funds or anything else, you are still liable for any unpaid sums.

Any pricing shall be exclusive of VAT (where applicable) and any amounts paid shall be non-refundable.

You are responsible for paying all fees that you owe to us (together with any applicable VAT payable in respect of same). You are also solely responsible for collecting and/or paying to the applicable tax authority any applicable taxes for any sales you make through our services, (other than VAT on commission payable to us, if any, which we will recharge to you and account directly to the applicable taxing authority for). If you are located outside the UK and any commission payable by you is to be zero rated for VAT purposes, you are responsible for notifying us of this, and ensuring that you provide a copy of your VAT registration number so we can set up your account accordingly.

We reserve the right to charge interest on any overdue amounts owed to you by us at a rate of 4% per annum above the base rate of lending of HSBC Bank plc compounded monthly, from the due date until the payment date. Any charges levied by our third-party payment processing services provider will be levied to you and may be deducted from any funds you are paid, in addition to any fees that may be charged by us from time to time (as noted above).

Payment for any transactions will be made through a third-party payment processor (currently Stripe, a payment service provided by Stripe Inc, whose terms and conditions and privacy policy you will be required to accept in order to use our Software). This payment processor will collect and hold your financial details, not us, but we will obtain details of your Stripe username via the Stripe API.

Our Subscription Charges are specified in GBP, and will be automatically converted from your bank account’s currency to GBP at whatever rates are imposed by our payment processor at the time payment is made.

You are responsible for all third-party charges and fees which may arise from or are associated with connecting to and using the Software, including fees such as internet service provider fees, telephone and computer equipment charges, and any other fees necessary to access the Software. We will communicate any cost that may apply to your use of any upgrades, products, services or features we may release from time to time.

6. OWNERSHIP AND INTELLECTUAL PROPERTY

The Software, including the Content uploaded by us, are proprietary to us, or our affiliates, or licensors. All right, title and interest in intellectual property, including but not limited to the Software and content uploaded by Us, remains the exclusive property of Benchmark.

We and our licensors own all our Content, including all intellectual property rights of any kind related to our Software and Service, and reserve all rights that are not expressly granted to you under our Terms.

You may not duplicate, copy, or reuse any portion of our Software or our Content, save as expressly set out below.

Nor must you access our Software where you are engaged as an employee or contractor with any business that competes with our own or to attempt to gain access to our confidential information with a view to building, creating or amending any software or service which competes with any element of the Software offered by us.

LICENCE GRANTS

By using the Software, you are granted, and agree to grant, a range of licences. Each of these licences is described below:

Your Licence to Use the Software

In consideration of you agreeing to abide by our Terms, we grant you a revocable, non-transferable, non-sublicensable and non-exclusive licence to use the Software for the duration of the Customer’s subscription, subject to our Terms. We reserve all other rights. You may access and use the applicable functions of the Software, including the dashboard, library, session planner, communication, and session history tabs, for the Purpose only.

The Licence You Grant to Us

By uploading or posting any content to or through the Software, including any Sports Drill Data, you hereby grant to Benchmark Sports, its affiliates, subsidiaries, partners, licensors and assigns, a worldwide, perpetual, nonexclusive, assignable, sublicensable, royalty free and transferable right and license to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, distribute, adapt, modify, create derivative works of, disclose such Content in connection with the Software through all media now known or hereinafter developed, including for product development and App improvement and demonstration.

You specifically waive any “moral rights” in and to the Content. This licence shall survive the termination of your Account and shall continue in full force and effect even after the termination of your contract with it. This licence is subject to our obligations of confidentiality around Individual Data held in private messages, and, to be clear, we may utilise Sports Drill Data to train algorithms or other artificial intelligence tools, or for any other purpose and it is not subject to the same obligations.

The Licence Each Party grants to other Users

Any Individual Content that you make available in publicly accessible parts of the Software may be viewed by other Users with whom you choose to share such information. This includes all Sports Drill Data (including any Sports Drill Data that we share).

Each party is solely responsible for managing the visibility and access permissions of its Individual Content (or our Content), including any Sports Drill Data, and for ensuring that any sharing is done in accordance with applicable laws and our Terms.

The Customer will also have access to all Sports Drill Data uploaded by their Authorised Users, or any other Individual Data posted in publicly accessible parts of the Software platform.

In these scenarios, each party grants any Other User (other than Benchmark) who may view it a nonexclusive, royalty-free, worldwide, irrevocable licence to use and access the relevant Content you have made available via the Software. Such Content may also be owned by the relevant Customer.

In respect of Sports Drill Data, this licence is limited to a right to share within a User’s club only, and Users agree not to share or distribute any content (drills, sessions, or screenshots) outside their club. Communication through the Software must remain within the club coaching group. Each contributing User agrees with Other Users to abide by such restrictions, and this commitment is intended to be enforceable by the contributing User against Other Users under the Contracts (Rights of Third Parties) Act 1998.

We accept no responsibility for ensuring that any User adheres to these Terms, and you agree to indemnify and hold us harmless in respect of any breach of same. That said, where have agreed to licence terms with other Users we expect you to agree to honour same in spirit and to the letter and acknowledge that failure to do so shall constitute a breach of our Terms and your separate legally binding contract with the person with whom you have agreed terms.

Feedback

We’re always trying to improve our Software, and your feedback will help us do that.

If you give us any ideas, know-how, algorithms, code contributions, suggestions, enhancement requests, recommendations or any other feedback concerning our products or App (Feedback), you acknowledge and agree by accepting our Terms that we will have a royalty-free, fully paid-up, worldwide, transferable, sub-licensable, irrevocable and perpetual licence to implement, use, modify, commercially exploit or incorporate the Feedback into our products, App, and documentation.

Moral Rights

Where you otherwise hold same, you retain all moral rights to Individual Content that you upload, publish, or submit to any part of the Software, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted to us by you above, but not otherwise.

Complaints or Safeguarding Reports

If you encounter behaviour on the Software that raises safeguarding concerns, including bullying, harassment, inappropriate contact, sexualised communication, abusive content or any other conduct that causes you to feel unsafe, please report it to us immediately at safeguarding@benchmarksports.co.uk or through any in‑app reporting feature. We will review safeguarding reports promptly, may restrict or suspend accounts where appropriate, and may notify the relevant sports club, responsible adults or statutory authorities where we reasonably consider this necessary to protect a child or vulnerable person.

We cannot fully control how other Users may behave, but we will take reasonable steps when notified of safeguarding risks, including reviewing reported Content, limiting further contact between affected Users, and cooperating with Sports Clubs, Coaches, parents or law‑enforcement agencies as required by applicable law. If urgent harm is suspected, Users should also consider making a report directly to their club’s safeguarding lead or to local authorities.

Where a safeguarding concern has been identified, by you or by a third party user, we may share your, their and any user who has been identified as responsible for the safeguarding issue details with the relevant sports club’s safeguarding lead, parents or guardians (where appropriate), or statutory authorities where required by law or necessary to protect a child or vulnerable person

For other complaints, we would reiterate that Users share the responsibility for making sure interactions on our Software are undertaken in good spirit, rewarding and hassle-free. In that spirit, save for urgent issues or those raising safeguarding concerns, we encourage you to work with Users before opening a complaint with us. We take no responsibility for contractual or non-contractual disputes with users relating to our Software or arising in respect of interactions or exchanges conducted via the Software. However, if you still wish to complain about any Content on the Software or the behaviour of Other Users of the Software, please contact us at info@benchmarksports.co.uk, providing your name and contact information, including telephone number and e-mail address.

IP Complaints

We have great respect for intellectual property rights and are committed to following appropriate legal procedures to remove infringing content from our services. Save for our proprietary Content (which will be labelled as such), the Content uploaded on Benchmark’s Software is generally generated by independent Users who are not employees, agents, or representatives of Benchmark. As noted elsewhere in these Terms, Users are responsible for ensuring they have all necessary rights to their Content and that they are not infringing or violating any third party’s rights by posting it.

Where your complaint relates to a perceived infringement of intellectual property rights please provide us with (a) an electronic or physical signature of the person authorised to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorised by the owner, its agent, or the law; and (d) a statement by you that the above information in your notice is accurate and, that you warrant and represent that you are the copyright owner or authorised to act on the copyright owner’s behalf.

If your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive proper notice or terminating your Account if we deem it appropriate.

When we remove or disable access in response to a notice, we will make a reasonable attempt to contact the affected User and provide information about the notice. We may also provide a copy of the infringement notice, including the name and email address of the reporting party, to the affected User.

We may request additional information before processing a notice, such as identity verification of the reporting party or documentation regarding the claimed right. We may reject notices or counter notices that contain information we believe is false, fraudulent, incomplete, or otherwise submitted in bad faith. We also reserve the right to take action against abusers of this policy. There may be legal consequences for sending a false or frivolous notices.

Ultimately we reserve the right to disable any advertisement or account that we believe violates our Terms, as well as taking further legal action. We can’t speak on behalf of intellectual property owners, nor are we in a position to offer legal advice or make legal determinations whether an account’s content infringes someone else’s intellectual property.

We will remove material cited for alleged intellectual property infringement when provided with a proper notice. Any decision made in this regard is final.

7. CONFIDENTIALITY

We will use all reasonable endeavours to protect Individual Content from unauthorised use, access, or disclosure in the same manner that we would use to protect our confidential information of a similar nature and in no event with less than a reasonable degree of care.

Insofar as you obtain access to any of our Content which a reasonable business person might consider to be confidential, or which is expressly marked as confidential, including information we publish on the Software (or otherwise provide you with) that isn’t yet in the public domain, for example, information about a preview for a new service, as well as Benchmark Content such as Sports Drill Data which is only accessible through the Software, you also agree to abide by the same confidentiality obligations.

You also agree not to disclose, publish, or share any such confidential information with or to any third party unless we have expressly encouraged this in writing, and then only in the manner we have encouraged or facilitated (for example, where you are part of a forum or feedback group we have organised to trial or discuss a new service and we have asked for feedback from all forum Users).

The provisions of this clause shall not apply to any information which: (a) is or comes into the public domain without breach of these Terms; or (b) was in the possession of the receiving party prior to receipt from the disclosing party without an obligation of confidence; or (c) was obtained from a third party free to divulge such information; or (d) is required to be disclosed by law or by any legal, regulatory or administrative body.

Where we provide you with beta access you agree only to use such confidential information to provide feedback on any new feature (where we have asked for this) or as we otherwise permit in writing (the Purpose), not for any other purpose.

We shall use reasonable endeavours to maintain appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of Individual Data. However, you must understand and acknowledge that use of the Software necessarily involves transmission of Individual Data over networks that are not owned, operated or controlled by us, and that we cannot be held responsible for any Customer Data lost, altered, intercepted or stored across such networks. We do not guarantee that our security procedures will be error-free, that transmissions of Individual Data will always be secure or that unauthorised third parties will never be able to defeat our security measures or those of our third party service providers.

8. TERM OF THIS AGREEMENT AND CANCELLATION OR TERMINATION OF YOUR ACCOUNT

Term of this Agreement

On agreeing these Terms you enter into an agreement with us which shall commence on the date you sign-up shall and continue in full force and effect until the expiry of any live billing cycles (if you chose not to renew), or when you or we otherwise cancel your Account.

Your Cancellation Rights as an Individual Authorised User

Any individual Authorised User can cancel your Account at any time by following the steps set out within the Software. We do not cancel Accounts in response to an email or contact form request. Your Account may also be cancelled or your User Licence reassigned at any time by the admin User representing the Customer (who shall be the first such User to sign up on the Customer’s behalf).

Each Party’s Cancellation Rights (for the Customer and Benchmark)

Without prejudice to any other rights or remedies to which the parties may be entitled, either party may terminate the agreement without liability to the other if the other party commits a material breach of any of these Terms and (if such a breach is remediable) fails to remedy that breach within 30 days of that party being notified in writing of the breach.

The agreement shall automatically renew over each subsequent billing cycle unless and until we either give you notice in writing (including by email) that we do not wish the agreement to continue beyond the current billing cycle, or you exercise your cancellation rights as noted above.

The agreement may not otherwise be terminated prior to the end of the current billing cycle.

Our Rights to Terminate or Suspend Individual Authorised User Accounts

Benchmark may suspend or terminate any Authorised User’s access to any or all Software without notice for: (i) breach of these Terms, or (ii) repeated instances of posting or uploading material that infringes or is alleged to infringe on the intellectual property rights of any person.

Consequences of Termination or Expiry

If we or you validly terminate your Account as a Customer, all your Authorised Users’ Accounts shall automatically terminate at the same time.

Otherwise, on expiry or termination of the relevant Account(s) and agreement(s): (a) each party shall return and make no further use of any Confidential Information belonging to the other party; (b) the accrued rights of the parties as at expiry or termination, or the continuation after expiry or termination of any provision expressly stated to survive or implicitly surviving termination, shall not be affected or prejudiced including, but not limited to, the intellectual property provisions, any disclaimers, the indemnity, and the limitations on our liability; and (c) we may destroy or otherwise dispose of any of Individual Data in our possession unless we receive, no later than 10 days after the effective date of termination, a written request for the delivery to a paying Customer of the then most recent back-up of Customer Data. We shall use reasonable commercial endeavours to deliver the back-up to Customer within 30 days of receipt of such a request, provided that the Customer has, at that time, paid all fees and charges outstanding at and resulting from termination (whether or not due at the date of termination). Customer shall pay all reasonable expenses incurred by Benchmark in returning or disposing of Customer Data. We do not facilitate such requests for individual Authorised Users.

We will not delete Individual Content that:

you have contributed to other Users; or
that other Users have copied or used in accordance with the relevant Licence granted to them under our Terms;

If your Account is closed, then our Terms will be deemed terminated.

9. COMMUNICATIONS

For contractual purposes, to the extent permitted by law, you:

consent to receive communications from us in an electronic form via the email address you have submitted or via the Software; and
agree that all terms, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper.

Legal notices or service of proceedings you wish to provide must be in writing and served at our registered office address, per relevant Northern Irish legal requirements.

10. SUPPORT

We will, at no additional cost to Customer other than the Subscription Charges, provide Customer and its Authorised Users with the Support in accordance with Benchmark’s support services policy in effect at the time that the Services are provided, subject to fair usage of the Support by Customer. Benchmark is a UK based company and typically deals with Support tickets between 9am and 5pm UK time on Business Days in the UK.

Support tickets may be raised via the ticketing system within the Software, or by telephone to any number specified by Customer from time to time. Customer agrees to provide access to Benchmark to their account where required in order to provide remote support. Benchmark may also provide online support resources for Authorised Users. Customer’s chosen admin User must raise all Support tickets (operating on a first line of support basis, with Benchmark providing second-line support) and be available to interact with Benchmark’s support team where they have any queries regarding a particular request.

For clarity, subject to fair usage, there are no limitations on the number of Support tickets or requests that may be raised by Customer’s nominated admin User.

11. DATA PROTECTION

Controller, Processor, Data Subject, Personal Data, Personal Data Breach, processing and appropriate technical and organisational measures: as defined in the Data Protection Legislation.

Domestic Law: the law of the United Kingdom or a part of the United Kingdom.

UK GDPR: has the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018.

Each party will comply with all applicable requirements of the Data Protection Legislation. This is in addition to, and does not relieve, remove or replace, your or our obligations or rights under the Data Protection Legislation. The parties acknowledge that each party is a Controller of the Personal Data it discloses to the other or otherwise provides access to the other directly or indirectly, and that each party will Process such Personal Data as a Controller or Processor (as applicable) strictly for the permitted purposes described in our Terms.

Each party will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of any Personal Data to the other for the duration and purposes described in our Terms.

Each party shall, in relation to any Personal Data it receives and processes in connection with these Terms:

process that Personal Data only on the other party’s documented written instructions unless required to process Personal Data by Domestic Law, in which case the receiving party shall (unless legally prohibited) promptly notify the other party before carrying out the required processing;
ensure that it has in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of Personal Data, and against accidental loss, destruction or damage, taking into account the nature of the Personal Data, the harm that might result from a breach, the state of technological development and the cost of implementing such measures;
ensure that all personnel who have access to and/or process the Personal Data are subject to confidentiality obligations;
not transfer any Personal Data outside the UK or EEA without the other party’s prior written consent and only where:
• appropriate safeguards have been implemented;
• data subjects have enforceable rights and effective legal remedies;
• the transferring party complies with the Data Protection Legislation in ensuring an adequate level of protection for the transferred Personal Data; and
• the transferring party complies with any reasonable prior instructions of the other party regarding such processing;
assist the other party, at the other party’s cost, in responding to any Data Subject request and in ensuring compliance with obligations under the Data Protection Legislation regarding security, breach notification, data protection impact assessments and consultations with supervisory authorities;
notify the other party without undue delay upon becoming aware of a Personal Data Breach;
at the written request of the other party, delete or return all Personal Data (and any copies) on termination of the relevant engagement, unless Domestic Law requires the Personal Data to be retained; and
maintain complete and accurate records to demonstrate compliance with this clause.

Either party may appoint a third-party processor to process Personal Data on its behalf, provided that it enters (or will enter) into a written agreement with such processor incorporating terms substantially similar to those in these Terms and which continue to reflect the requirements of the Data Protection Legislation. The appointing party shall remain fully liable for all acts and omissions of any such third-party processor.

12. DISCLAIMER OF WARRANTIES

We provide our Software on an “as is” and “as available” without any kind of warranty, representation, or condition. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding our Software or the content, statements or other information contained on the Software, or products you may access through it, including, but not limited to, those of title non-infringement, merchantability, and fitness for a particular purpose.

You acknowledge that all App may be subject to change at any time without notice. You use the Software entirely at your risk. Access to the Software is permitted at out sole discretion, and we may suspend, withdraw, discontinue or change all or any part of the Software, either generally or to you specifically, at any time, for any reason, with or without notice.

You acknowledge and agree that access and use of any applicable App we offer through your Account constitutes reasonable and sufficient consideration. In return for that access, you are willing to adhere to the terms of our Terms, including our Terms.

Any of Our Content made available to you by us (i.e. excluding any through or in connection with the Software is provided for your general information purposes only, and has not been tailored to your specific requirements or circumstances. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgment when using our Software and any content on it.

Neither we nor our affiliates or any of their respective employees, agents, merchants, third-party content providers or licensors, or any of their officers, directors, employees or agents warrant that the Software will meet your requirements; that the Software or your use of the Software will be uninterrupted, secure, or error-free; that the information provided through the Software is accurate, complete, reliable or correct; that any defects or errors will be corrected; that the Software will be available at any particular time or location; or that the Software is free of viruses or other harmful components.

You assume full responsibility and risk of loss resulting from your downloading or using files, information, content or other material obtained from the Software.

It is your responsibility to ensure you have adequate equipment as we specify from time to time to access our Software.

Information, materials and content contained in the Software is for informational use only. Nothing contained in the Software, including its content, is intended to be a substitute for, nor does it replace, professional healthcare or wellness advice, diagnosis or treatment. You and your end users understand that participating in any exercise program or diet can result in physical injury. Please consult with a physician or other qualified health care professional before starting or performing any exercise, strength training, diet, fitness program, health or wellness program.

It is your and your end users responsibility to evaluate your own medical and physical condition and to independently determine whether to perform, use or adapt any of the information provided through this App. If you have any concerns or questions about your health or the content on the Software, you should always consult with a physician or other healthcare professional. Do not disregard, avoid or delay obtaining medical or health related advice from your healthcare professional because of something you may have viewed on the Software.

Benchmark does not recommend or endorse any Content that may be available through the Software, which may be compiled from a variety of sources, including Other Users. The use of any such information provided through the Software is solely at your own risk.

Benchmark expressly disclaims any responsibility or liability for any adverse consequences or damages resulting from your (or your end user’s) reliance on the Software, the content or any information provided therefrom.

13. LIMITATION OF LIABILITY

We do not exclude or limit in any way our liability to you where it would be unlawful to do so, including liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

You acknowledge and accept (FOR AND ON BEHALF OF YOURSELF AND ANY THIRD PARTIES WITH WHOM YOU ARE LEGALLY CONNECTED) that we do not guarantee that the Software will be available or uninterrupted. Access to the Software is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of the Software, either generally, or for any User, at any time, for any reason, with or without notice.

Insofar as access to our Software and our Software is provided on a free of charge basis, we accept no liability to any User whatsoever

However, insofar as you are a paying Customer, our liability shall be limited to the total sums payable by you to us over the 12 months immediately preceding the date of the relevant claim.

In each case this applies in respect of any claims, causes of action, liabilities or losses which may arise in respect of, or in connection with same, even if foreseeable or if the parties have been informed of or aware of the possibility of such damages, and however arising (whether in contract, tort (including negligence), breach of statutory duty, or otherwise) including where the Software is unavailable or in any way defective at any time or for any period, and including where you rely on any content or information displayed via the site or that you access via the Software.

Further, we shall not in any event have any liability for loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; loss of, damage to, or corruption of data; or any indirect, special or consequential loss or damage.

This further includes, without limitation, all liability resulting from (a) the use, disclosure, or display of your Individual Content; (b) your use or inability to use the Software; (c) any modification, price change, suspension or discontinuance of the Software; (d) the Software generally or the software or systems that make the Software available; (e) unauthorised access to or alterations of your transmissions or Content; (f) statements or conduct of any third party on the Software; (g) any other user interactions that you input or receive through your use of the Software; or (h) any other matter relating to the Software.

You specifically accept and agree these limitations to be reasonable. The remainder of these Terms shall be construed accordingly.

14. INDEMNITY AND RELEASE

You expressly agree that use of the Software is at your sole risk.

If you have a dispute with any other User(s) or third parties, you agree to release us from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

You agree to indemnify, defend, and hold us and our group companies and employees harmless from and against any claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Software, including but not limited to those arising from (a) your breach of our Terms, (b) any allegation that Content you uploaded infringes a third party’s intellectual property or privacy rights, or that you lacked the necessary rights or consents to upload or share such Content; (c) any misuse of the Software by you or your Authorised Users (including misuse of other Users’ Content beyond what is permitted); or (d) if you are a Coach or Customer, any claims by third parties (including athletes or parents) arising from coaching, drills, or advice you provided using the Software.

We reserve the right to assume the defence and control of any matter subject to indemnification by you, in which case you will cooperate with us in asserting any available defences.

15. CHANGES

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our Software (or any part of it) with or without notice.

16. GENERAL

Our Terms, its subject matter and its formation (including any non-contractual disputes or claims) are governed by Northern Irish law. You and we both agree to the exclusive jurisdiction of the courts of Northern Ireland.

We may assign, novate, transfer, sub-contract or otherwise deal with our Terms (or any of our rights or obligations under it), in whole or in part, to any person or entity at any time with or without your consent. If we sub-contract our commitments, we shall still be responsible to you for performance by our sub-contractors. You may not assign or delegate any rights or obligations under the assign, novate, transfer or otherwise deal with our Terms without our prior written consent. Any unauthorised assignment and delegation by you shall have no legal effect.

If any part of our Terms is held invalid or unenforceable, that portion of our Terms will be construed to reflect the parties original intent. The remaining portions will remain in full force and effect. Any failure to enforce any provision of our Terms will not be considered a waiver of our right to enforce such provision. Our rights under our Terms will survive any termination of our Terms.

The provisions of our Terms apply equally to and are for our benefit. That of our parent companies, subsidiaries, subsidiaries of parent companies and affiliates, and each shall have the right to assert and enforce such provisions directly or on its behalf, including the limitation and indemnity provisions.

No waiver by us of any breach or default or failure to exercise any right allowed under our Terms is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Terms. The section headings used herein are for convenience only and shall be of no legal force or effect.

No one other than a party to our Terms has any right to enforce any terms.

Our Terms may only be modified by a written amendment signed by one of our authorised representatives or by the posting by us of a revised version of the relevant documents forming our Terms as highlighted at the beginning of our Terms.

We will not be liable for any default or delay due to events beyond our reasonable control, including acts of God, failure of telecommunications networks, failure or default of our hosting App provider, terrorism, natural disasters, earthquakes, fire, riots, floods, and other similar events.

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by our Terms.

You agree that Benchmark may identify you or your Sports Club or Coach as a customer and may use your organisation’s name and logo on our website and marketing materials for promotional purposes. We will use this information in a factual manner (e.g., in a list of clients), and not in a way that suggests endorsement. If you do not want us to do so, please notify us in writing, and we will comply with your request.

Our Terms represent the complete and exclusive contract between you and us and supersedes any proposal or prior agreement, oral or written. Any other communications between you and us relating to its subject matter, including any confidentiality or nondisclosure agreements.

Our Terms and correspondence by or between us regarding same will be and take place in the English language only. We make no promise that our Software is appropriate or available for use in locations outside the UK. If you choose to access the Software from locations outside the UK, you acknowledge you do so at your own initiative. In any event, when using our Software you are responsible for compliance with local laws where they apply.