Benchmark Gensuite

Genny_® for Microsoft_® Teams
Terms of Use Agreement

Last Updated: 06 May 2026

1. Acceptance

By accessing or using Genny_® for Microsoft_® Teams (“Genny” or the “Service”), you agree to be bound by this Terms of Use Agreement (“Agreement”) and our Privacy Policy. If you do not agree, you must not use the Service. Services provided under this Agreement are for business or commercial, and not personal or consumer use.

2. Description of Service

The Service (Genny_®) is a digital assistant designed to connect to Benchmark Gensuite_® platform via Microsoft_® Teams. It currently enables notifications on To-Do List items across various application modules into a single, actionable digest.

3. Access and Use

Provision of Access. Subject to this Agreement, we grant you a non-exclusive, non-transferable right to access and use the Service during the Term solely for your internal business operations under this Agreement.
Use Restrictions. You shall not use the Service for any purposes beyond the scope of the access granted in this Agreement. You shall not at any time, directly or indirectly: (i) copy, modify, or create derivative works of the Service, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Service; (iii) reverse engineer, disassemble, decompile, decode, or duplicate the Service, reproduce data other than your input data, or componenet of the Service, in whole or in part; (iv) access or use the Service or any output to develop or improve any other technology or a competing or similar product or service; (v) use web scraping, web harvesting, web data extraction or any other method to extract data from the Service; (vi) remove any proprietary notices from the Service; (vii) use the Service in a manner that you know or should know is harmful, unlawful, fraudulent, misleading, offensive, or obscene or that infringes, misappropriates, or otherwise violates any intellectual property (IP) right or other right of any person, that violates any applicable law, regulation, or rule or your organization’s policies; or (viii) submit, enter, post, or otherwise transmit or process any personal information, sensitive, confidential, or regulated data through the Service. You acknowledge and agree that you are fully responsible for all data you provide, or is provided under your account, to the Service.
Aggregated Statistics. Notwithstanding anything to the contrary in this Agreement, we may monitor your use of the Service and collect and compile data and information related to your use of the Service in an aggregated and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Service (Aggregated Statistics). As between you and us, all right, title, and interest in Aggregated Statistics, and all IP rights therein, belong to and are retained solely by us. You agree that we may use and make publicly available Aggregated Statistics to the extent and in the manner permitted under applicable law.
Reservation of Rights. We reserve all rights not expressly granted to you in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to you or any third party, any IP rights or other right, title, or interest in or to our IP or third-party products or IP.
Suspension. Notwithstanding anything to the contrary in this Agreement, we may temporarily suspend your access to any portion or all of the Service if: (i) we reasonably determine that (A) there is a threat or attack on any of our IP; (B) your use of our IP disrupts or poses a security risk to our IP, to us, or to any other of our customers or vendors; (C) you are using our IP for fraudulent or illegal activities; (D) subject to applicable law, you have ceased to continue your business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding; (E) our provision of the Service to you is prohibited by applicable law; or (F) you are using the Service in material violation of this Agreement; or (ii) any vendor has suspended or terminated our access to or use of any third-party services or products required to enable you to access and use the Service. We shall use commercially reasonable efforts to provide written notice of any Service suspension and to provide updates regarding resumption of access to the Service following any Service suspension. We shall use commercially reasonable efforts to resume providing access to the Service as soon as reasonably possible after the event giving rise to the Service suspension is cured. We will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that you may incur as a result of a Service suspension. Notwithstanding the foregoing, we may modify, suspend, or discontinue the Service at any time without liability.

4. Account Use

You are responsible and liable for all uses of the Service resulting from access provided by you, directly or indirectly, whether that access or use is permitted by or in violation of this Agreement. Without limiting the generality of the foregoing, you are responsible for all acts and omissions taken under your account. You are responsible for keeping your passwords and access credentials associated with the Service confidential. You shall not sell or transfer them to any other person or entity. You shall promptly notify us about any unauthorized access to your passwords or access credentials.

5. Data Processing and Transparency

We are committed to transparency in how Genny processes data:

Data Ownership: You retain full ownership of all data you input into the Service
Processing Infrastructure: Service capabilities are powered through secure, enterprise-grade infrastructure (e.g., AWS-based services) deployed in regional environments (e.g., US, EU, IN)
Secure Processing:
- Data is encrypted in transit (TLS 1.2) and at rest (AES-256)
- Processing occurs within isolated, segregated, and access-controlled environments (e.g., VPC, IAM controls)
Limited Access: Only authorized personnel and systems may access data under strict access control policies
Retention & Deletion: Data retention is governed by contractual agreements, and data is deleted in accordance with defined retention schedules
Transparency: Upon request, we may provide non-proprietary information about how Genny processes data
Data Processing Agreements:
- If a Data Processing Agreement (DPA) applies us and your organization, it governs the processing of personal information and prevails over this Agreement in the event of a conflict.
- This Service is designed to operate in accordance with applicable DPAs.

Use of the Service is subject to our Privacy Policy. The Privacy Policy is subject to change as described therein. By accessing, using, and providing information to or through the Service, you acknowledge that you have reviewed and accepted our Privacy Policy, and you consent to all actions taken by us with respect to your information in compliance with the then-current version of our Privacy Policy.

6. Confidential Information

From time to time, we may disclose or make available to you information about our business affairs, products, confidential IP, trade secrets, third-party confidential information, and other sensitive or proprietary information, whether orally or in written, electronic, or other form or media, whether or not marked, designated, or otherwise identified as “confidential” at the time of disclosure (collectively, Confidential Information). Without limiting the foregoing, our IP is our Confidential Information. Confidential Information does not include information that, at the time of disclosure is: (a) in the public domain; (b) previously known to you; (c) rightfully obtained by you on a non-confidential basis from a third party; or (d) independently developed by you. You shall not disclose our Confidential Information to any person or entity, except to your employees, agents, or subcontractors who have a need to know the Confidential Information for you to exercise any rights or perform your obligations hereunder and who are required to protect the Confidential Information in a manner no less stringent than required under this Agreement. Notwithstanding the foregoing, you may disclose Confidential Information to the limited extent required to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that you shall first have given written notice to us and made a reasonable effort to obtain a protective order. Your obligations of non-disclosure regarding Confidential Information are effective as of the date the Confidential Information is first disclosed to you and will continue as long as permitted by applicable law; provided, however, for any Confidential Information that constitutes a trade secret (as determined under applicable law), those obligations of non-disclosure will survive the termination or expiration of this Agreement for as long as the Confidential Information remains subject to trade secret protection under applicable law.

7. Intellectual Property

Our IP. You acknowledge that, as between you and us, we own all right, title, and interest, including all IP rights, in and to our IP and, for third-party products, the applicable third-party providers own all right, title, and interest, including all IP rights, in and to the third-party products. We grant you a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display our IP and third-party products solely to the extent incorporated into and necessary for you to use and otherwise exploit the Service.
Feedback. If you send or transmit any communications or materials to us by mail, email, telephone, or otherwise, suggesting or recommending changes to the Service, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (Feedback), we are free to use that Feedback. All Feedback is and will be treated as non-confidential. You hereby assign to us on your behalf all right, title, and interest in, and we are free to use, without any attribution or compensation to you or any third party, any ideas, know-how, concepts, techniques, or other IP rights contained in the Feedback, for any purpose whatsoever, although we have no obligation to acknowledge receipt of or use any Feedback.

8. Warranties

DISCLAIMER OF WARRANTIES. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WE SPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WE MAKE NO WARRANTY OF ANY KIND THAT THE SERVICE, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF WILL MEET YOUR OR ANY OTHER PERSON’S OR ENTITY’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY OF YOUR OR ANY THIRD PARTY’S SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
Customer Warranty. You represent, warrant, and covenant that (i) you own or otherwise have and will have all necessary rights, permissions, and consents in and relating to any data you provide to the Service so that, as received by us and processed in accordance with this Agreement, it does not and will not infringe, misappropriate, or otherwise violate any IP rights, or any privacy or other rights of any third party, or violate any applicable law, and (ii) no data you submit contains or will contain any personal information.

9. Indemnification

You shall indemnify, hold harmless, and, at our option, defend us and our officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses arising from or relating to any claim, allegation, cause of action or demand (Claim) (i) that the data you submit, or is submitted through your account, or processing or any other use thereof in accordance with this Agreement, infringes or misappropriates any third party’s IP rights; or (ii) based on your negligence or willful misconduct or use of the Service in violation of this Agreement or applicable laws; provided that Customer may not settle any claim against us unless we consent to such settlement, and further provided that we will have the right, at our option, to defend ourself against any such Claim or to participate in the defense thereof by counsel of our own choice.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER WE WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS PROHIBITED BY LAW, IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO US UNDER THIS AGREEMENT IN THE ONE (1) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11. Term

The term of this Agreement begins on the effective date of any underlying service agreement and continues until said service agreement is terminated, unless earlier terminated by us due to your material breach of this Agreement, which shall be effective after we provide you with ten (10) days prior written notice and an opportunity to cure. Notwithstanding the foregoing, we have the right to suspend your access to the Service at any time, immediately, and without notice for violations of Section 3 of this Agreement. Upon expiration or termination of this Agreement, you shall immediately discontinue use of the Service and our IP. Following expiration or termination of this Agreement, we may permanently delete your data from the Service and all systems we control and we shall have no obligation to retain or export data you submit, unless otherwise required by applicable law.

12. Miscellaneous

Governing Law and Jurisdiction.This Agreement is governed and construed in accordance with the laws of the State of Ohio, United States,. without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of Ohio. Any legal suit, action, or proceeding arising out of or related to this Agreement or the rights granted hereunder will be instituted exclusively in the federal or state courts of Hamilton County, Ohio, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
Survival. This Section 13, Sections 3, 7, 8, 9, 10, and 11, and any right, obligation, or required performance of the parties in this Agreement which, by its express terms or nature and context is intended to survive termination or expiration of this Agreement, will survive termination or expiration.
Export Regulation. The Service utilizes software and technology that may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Service or the software or technology included in the Service to, or make the Service or the software or technology included in the Service accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, regulation, or rule. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Service or the software or technology included in the Service available outside the US.
Modifications. You acknowledge and agree that we have the right, in our sole discretion, to modify this Agreement from time to time, and that modified terms become effective on posting. You will be notified of modifications through posts on the Service and direct email communication from us. You are responsible for reviewing and becoming familiar with any modifications. Your continued use of the Service after the effective date of the modifications will be deemed acceptance of the modified terms.
Integration. This Agreement constitutes the entire agreement and understanding between the parties hereto with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.
Severability. The invalidity, illegality, or unenforceability of any provision herein does not affect any other provision herein or the validity, legality, or enforceability of such provision in any other jurisdiction.
No Waiver. Any failure to act by us with respect to a breach of this Agreement by you or others does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches.
Assignment. This Agreement is personal to you and may not be assigned or transferred for any reason whatsoever without our prior written consent and any action or conduct in violation of the foregoing will be void and without effect. We expressly reserve the right to assign this Agreement and to delegate any of its obligations hereunder.

13. Contact and Notices

For questions regarding this Agreement:
Benchmark Gensuite
[email protected]

Any notices to us must be sent to [email protected] or our corporate headquarters at 5181 Natorp Blvd., Suite 610, Mason, Ohio, 45040, and must be delivered either in person, by email, certified or registered mail, return receipt requested and postage prepaid, or by recognized overnight courier service, and are deemed given upon receipt by us. Notwithstanding the foregoing, you hereby consent to receiving electronic communications from us concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.