Terms of Service

Acceptance of Terms

By accessing or using PlayBench Index's website, mobile applications, API services, or any related platforms (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any part of these terms, you must immediately discontinue use of our Services.

These terms constitute a legally binding agreement between you and PlayBench Index. Your continued use of the Services following any modifications to these terms signifies your acceptance of such changes. We reserve the right to modify these terms at any time, and such modifications will become effective upon posting to our website.

Service Description and Scope

PlayBench Index provides comprehensive mobile gaming device rankings, performance benchmarks, thermal analysis, input latency measurements, and comparison tools. Our Services include access to benchmark databases, real-time pricing feeds, regional availability information, API integrations, and white-label widget solutions for commercial partners.

We strive to maintain accurate and up-to-date information, but we do not warrant that all benchmark data, device specifications, pricing information, or availability details are complete, current, or error-free. Device rankings are based on our proprietary testing methodologies and represent our analytical conclusions, not absolute performance guarantees.

Account Registration and User Obligations

To access certain features, you must create an account by providing accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities occurring under your account. You agree to immediately notify us of any unauthorized access or security breaches.

You must be at least 16 years old to create an account. By registering, you represent that all information provided is truthful and that you have the legal capacity to enter into this agreement. You may not transfer, sell, or share your account with others. We reserve the right to suspend or terminate accounts that violate these terms or engage in fraudulent activity.

Subscription Plans and Payment Terms

PlayBench Index offers various subscription tiers including free basic access, premium individual plans, and enterprise API licenses. All fees are stated in US dollars unless otherwise specified and are subject to applicable taxes. Subscription fees are billed in advance on a monthly or annual basis depending on your selected plan.

By providing payment information, you authorize us to charge the applicable fees to your chosen payment method. If automatic renewal is enabled, your subscription will continue until you cancel. You may cancel your subscription at any time through your account settings, with cancellation taking effect at the end of the current billing period. Partial refunds are not provided for mid-cycle cancellations.

Refund Policy and Billing Disputes

We offer a 14-day money-back guarantee for new subscribers who are unsatisfied with premium features. Refund requests must be submitted within 14 days of initial purchase through our support channels. Refunds are processed to the original payment method within 7-10 business days of approval.

If you believe you have been incorrectly charged, you must notify us within 30 days of the charge appearing on your statement. We will investigate billing disputes promptly and issue credits or refunds for verified errors. Failure to report billing discrepancies within 30 days waives your right to dispute the charges.

Intellectual Property Rights

All content available through PlayBench Index, including but not limited to benchmark data, performance analyses, algorithms, rankings, graphics, logos, interface designs, and software code, is protected by copyright, trademark, and other intellectual property laws. PlayBench Index retains all rights, title, and interest in the Services and all related materials.

You are granted a limited, non-exclusive, non-transferable license to access and use the Services for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works, publicly display, or exploit any content from our Services without explicit written permission. Commercial use requires a separate licensing agreement.

API Usage and Integration Guidelines

Enterprise API access is governed by separate API terms and rate limits specific to your subscription tier. You must use the API responsibly and may not exceed allocated request quotas, attempt to bypass authentication mechanisms, or use the API in ways that could damage or impair our infrastructure.

API clients must implement proper error handling, respect cache headers, and include accurate attribution when displaying our data. We reserve the right to revoke API access for violations of usage guidelines, excessive requests, or integration with services that compete directly with PlayBench Index. API terms may be updated with 30 days notice.

User-Generated Content and Community Standards

Users may submit device reviews, benchmark comparisons, and comments through our platform. By submitting content, you grant PlayBench Index a worldwide, royalty-free, perpetual license to use, reproduce, modify, and distribute your submissions across our Services. You retain ownership of your original content but permit us to use it for platform improvement and promotional purposes.

You are solely responsible for content you post and must ensure it does not violate any laws or third-party rights. Prohibited content includes defamatory statements, harassment, spam, malware, false information, and intellectual property infringement. We reserve the right to remove any content that violates our community standards without prior notice.

Affiliate Links and Third-Party Relationships

PlayBench Index participates in affiliate marketing programs and may earn commissions when users purchase devices through our retailer links. These affiliate relationships do not influence our benchmark methodologies or device rankings, which remain editorially independent and based solely on performance data.

We provide links to third-party retailers and manufacturers as a convenience, but we are not responsible for the content, policies, or practices of these external sites. Purchases made through affiliate links are subject to the terms and conditions of the respective retailers. We do not handle transactions, shipping, or customer service for third-party purchases.

Disclaimers and Limitation of Liability

The Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Services will be uninterrupted, secure, or error-free.

PlayBench Index shall not be liable for any indirect, incidental, consequential, or punitive damages arising from your use of or inability to use the Services. Our total liability for any claims related to the Services shall not exceed the amount you paid to PlayBench Index in the twelve months preceding the claim. Some jurisdictions do not allow limitation of liability, so these limitations may not apply to you.

Data Accuracy and Performance Claims

While we employ rigorous testing methodologies and quality control procedures, we cannot guarantee absolute accuracy of all benchmark data, device specifications, or pricing information. Device performance can vary based on software versions, regional variants, usage patterns, and environmental conditions. Our rankings represent controlled laboratory testing and may not reflect real-world performance in all scenarios.

Pricing information is sourced from affiliate partners and retailers and may change without notice. We make reasonable efforts to update prices regularly but cannot guarantee real-time accuracy. Users should verify current pricing and availability directly with retailers before making purchase decisions.

Prohibited Uses and Conduct

You agree not to use the Services for any unlawful purpose or in any way that could damage, disable, overburden, or impair our systems. Prohibited activities include attempting to gain unauthorized access, interfering with other users' access, scraping content without permission, reverse engineering our software, or circumventing access restrictions.

You may not use automated systems or bots to access the Services without explicit written permission. Commercial data mining, competitive intelligence gathering, or systematic downloading of our benchmark database is strictly prohibited unless authorized through an enterprise API agreement. Violations may result in immediate account termination and legal action.

Termination and Account Suspension

We reserve the right to suspend or terminate your account and access to the Services at any time, with or without cause or notice, including but not limited to violations of these Terms, fraudulent activity, abusive behavior, or prolonged inactivity. Upon termination, your right to use the Services ceases immediately.

You may terminate your account at any time through your account settings. Account termination does not relieve you of obligations to pay any outstanding fees. After termination, we will delete your personal information in accordance with our Privacy Policy, though certain data may be retained for legal compliance and fraud prevention.

Indemnification

You agree to indemnify, defend, and hold harmless PlayBench Index, its officers, directors, employees, and affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the Services, violation of these Terms, infringement of any intellectual property rights, or violation of any applicable laws.

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with our defense of such claims. This indemnification obligation survives termination of your account and these Terms of Service.

Dispute Resolution and Arbitration

Any disputes arising from these Terms or your use of the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You waive your right to participate in class action lawsuits or class-wide arbitration. Arbitration proceedings will be conducted in Dallas, Texas, United States.

Before initiating arbitration, you must first attempt to resolve the dispute informally by contacting our legal team. If the dispute cannot be resolved within 60 days, either party may commence arbitration. The arbitrator's decision is final and binding, with limited grounds for appeal. Notwithstanding this arbitration clause, either party may seek injunctive relief in court for intellectual property violations.

Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions. Any legal proceedings not subject to arbitration shall be brought exclusively in the state or federal courts located in Dallas County, Texas, and you consent to the personal jurisdiction of such courts.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Contact and Legal Notices

All legal notices, copyright complaints, and formal communications regarding these Terms should be sent to our legal department through the contact form on our website. Notices are deemed effective upon receipt. For DMCA copyright infringement claims, please include all required information specified in the Digital Millennium Copyright Act.

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and PlayBench Index regarding the Services and supersede any prior agreements. No modifications to these Terms are valid unless made in writing and signed by an authorized representative of PlayBench Index.