Terms of Use

These Website Terms of Use (the "Terms") govern your access to and use of the website located at benchagi.com and its subpages (the "Site"), operated by Aerone Inc., a Delaware corporation ("Aerone," "we," "us," or "our"). By accessing or using the Site, you agree to these Terms. If you do not agree, do not use the Site.

1. Relationship to your customer agreement

These Terms govern your access to and use of the website only. If you become a customer, your use of the BenchAGI product is governed by your customer agreement, which controls over these Terms with respect to the product.

2. Eligibility

You must be at least 18 years old and able to form a binding contract to use the Site. If you use the Site on behalf of an organization, you represent that you are authorized to accept these Terms on its behalf.

3. Informational purpose; no advice or guaranteed results

The Site and its content are provided for general information about Aerone and the BenchAGI product. Content on the Site is not an offer, warranty, or commitment, and product descriptions, features, and pricing shown on the Site are subject to your customer agreement and our then-current pricing. Nothing on the Site is legal, financial, tax, or other professional advice. Aerone does not guarantee any particular result or outcome; the BenchAGI product provides tools that a customer uses to pursue its own results, and the customer remains responsible for its own business decisions and outcomes.

4. Accounts

Some areas of the Site may allow you to create an account or request access to the BenchAGI product. You are responsible for maintaining the confidentiality of your credentials and for activity under your account. Account creation and any paid use of the product are governed by your customer agreement.

5. Acceptable use of the Site

When using the Site, you agree that you will not:

(a) use the Site in violation of any applicable law or regulation;

(b) access or attempt to access areas of the Site you are not authorized to access, or interfere with or disrupt the Site or its security;

(c) reverse engineer, scrape, harvest, or use automated means to collect content or data from the Site except as expressly permitted;

(d) upload or transmit any malware or other harmful code;

(e) infringe or misappropriate any intellectual property or other rights;

(f) impersonate any person or misrepresent your affiliation with any person; or

(g) use the Site to send unsolicited or unauthorized communications.

6. Intellectual property

The Site and its content, including text, graphics, logos, and software, are owned by Aerone or its licensors and are protected by intellectual property laws. Subject to these Terms, Aerone grants you a limited, non-exclusive, non-transferable, revocable license to access and view the Site for your own informational and internal business purposes. "BenchAGI" and the Aerone product and agent names and logos are trademarks of Aerone, and you may not use them without our prior written permission. All rights not expressly granted are reserved.

7. Feedback

If you send us comments, ideas, or suggestions about the Site ("Feedback"), you grant Aerone a perpetual, irrevocable, worldwide, royalty-free license to use the Feedback for any purpose without any obligation to you.

8. Third-party links and content

The Site may link to third-party websites or resources. We do not control and are not responsible for third-party sites or their content, and we provide links for convenience only.

9. Copyright complaints

If you believe content on the Site infringes your copyright, please contact our designated agent at legal@benchagi.com (Cory Shelton), or by mail to Aerone Inc., 1042 E Fort Union, Suite 229, Midvale, UT 84047, with the information required under the Digital Millennium Copyright Act. We may, in appropriate circumstances, terminate the accounts of users who are repeat infringers.

10. Disclaimers

THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. AERONE DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT CONTENT ON THE SITE IS ACCURATE OR CURRENT. This Section does not limit any warranties provided in your customer agreement.

Any performance figures, examples, case studies, or testimonials shown on the Site are for illustration only, reflect specific circumstances, and are not a guarantee or promise of similar results. Descriptions of the BenchAGI agents and their capabilities are general; outputs are generated by AI models, may contain errors, and require human review, as further described in your customer agreement.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AERONE AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR DATA, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE. AERONE’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). Liability arising from the BenchAGI product is governed by your customer agreement, not this Section.

12. Indemnification

You agree to indemnify and hold harmless Aerone and its affiliates from any claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of your misuse of the Site or your violation of these Terms or applicable law.

13. Privacy

Your use of the Site is subject to our Privacy Policy, available at benchagi.com/legal/privacy, which describes how we handle personal information collected through the Site.

14. Changes to the Site and these Terms

We may modify the Site or these Terms at any time. Changes to these Terms are effective when we post the updated Terms and revise the effective date above. Your continued use of the Site after changes become effective constitutes acceptance of the updated Terms.

15. Governing law and dispute resolution

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles.

Any dispute arising out of or relating to these Terms or the Site will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, with the seat of arbitration in Salt Lake City, Utah. EACH PARTY IRREVOCABLY WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR OTHER REPRESENTATIVE PROCEEDING AND AGREES THAT ALL DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS, AND EACH PARTY IRREVOCABLY WAIVES ANY RIGHT TO TRIAL BY JURY. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief from a court of competent jurisdiction to protect its intellectual property or confidential information.

16. General

These Terms, together with the Privacy Policy, are the entire agreement between you and Aerone regarding the Site and supersede prior understandings regarding the Site. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets. These Terms do not create any third-party beneficiary rights.

17. Contact

Aerone Inc., 1042 E Fort Union, Suite 229, Midvale, UT 84047. Email: legal@benchagi.com.