Terms of Service
Last Updated: 12/10/2025
Please read these Terms of Service ("Terms") carefully before using BENCHMARK SLOPE (the "App"). By downloading, accessing, or using the App, you agree to be bound by these Terms.
1. Acceptance of Terms
By creating an account or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not use the App.
2. Subscription Services
2.1 Subscription Plans
The App offers the following subscription options:
• Monthly subscription, automatically renews on the 1st of each month.
• Annual subscription, automatically renews one year from initial subscription date
• Free trial period of one week, with automatic subscription activation after trail period if not cancelled by user. Cancel anytime
2.2 Billing and Payment
• All subscriptions are processed through the Apple App Store
• Payment will be charged to your iTunes Account at confirmation of purchase
• Subscription prices are displayed in the App and may vary by region
• Prices are subject to change with notice. Changes will not affect existing subscriptions during their current billing period
2.3 Auto-Renewal
• Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period
• Your account will be charged for renewal within 24 hours prior to the end of the current period
• You can manage your subscription and turn off auto-renewal by going to your Account Settings in the App Store after purchase
• No cancellation of the current subscription is allowed during the active subscription period
2.4 Free Trials
• Free trials, if offered, allow new users to access premium features for a limited time
• If you do not cancel before the trial period ends, you will be automatically charged for a subscription
• Previous subscribers may not be eligible for free trials
3. Cancellation Policy
3.1 How to Cancel
• You may cancel your subscription at any time through your iTunes Account Settings
• Cancellation must be completed at least 24 hours before the next billing date to avoid being charged
• To cancel: Open Settings > [Your Name] > Subscriptions > [Your App Name] > Cancel Subscription
3.2 Effect of Cancellation
• Upon cancellation, you will retain access to premium features until the end of your current billing period
• No refunds will be provided for the unused portion of any subscription period
• After cancellation, your account will revert to the free version (if applicable) at the end of the billing period
4. Refund Policy
4.1 App Store-Managed Refunds
• All purchases are processed through the Apple App Store
• Refund requests must be submitted directly to Apple, not to [Your App Name]
• We do not have access to your payment information or the ability to process refunds
• Apple's refund policies apply to all purchases
4.2 Requesting a Refund from Apple
• Visit reportaproblem.apple.com
• Log in with your Apple ID
• Select "Request a Refund"
• Choose the reason and submit your request
• Apple will review your request and respond directly to you
4.3 Our Refund Standards
While we cannot process refunds directly, we believe refunds may be appropriate in cases of:
• Technical issues that prevent use of the App
• Accidental purchases
• Billing errors
5. User Obligations
You agree to:
• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access to your account
• Use the App only for lawful purposes and in accordance with these Terms
• Not attempt to reverse engineer, decompile, or disassemble the App
• Not use the App to transmit harmful, illegal, or offensive content
• Not share your subscription with others or use the App on more devices than permitted
• Not circumvent or attempt to circumvent any security features or restrictions
6. License and Permitted Use
6.1 License Grant
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on Apple devices that you own or control, solely for your personal, non-commercial use.
6.2 Restrictions
You may not:
• Copy, modify, or create derivative works of the App
• Sell, rent, lease, sublicense, or distribute the App
• Remove any copyright or proprietary notices from the App
• Use the App for any commercial purpose without our written consent
• Access the App to build a competitive product or service
• Use any automated systems (bots, scrapers, etc.) to access the App
6.3 Ownership
All rights, title, and interest in and to the App, including all intellectual property rights, remain with [Your Company Name]. These Terms do not grant you any ownership rights to the App.
7. Service Availability
• We strive to provide uninterrupted service but do not guarantee the App will always be available
• We may suspend or discontinue the App or any features at any time with or without notice
• We may perform maintenance that temporarily restricts access to the App
• You acknowledge that your access depends on third-party services (Apple servers, internet connectivity) beyond our control
8. Disclaimers
8.1 "As Is" Service
THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE APP WILL BE ERROR-FREE OR UNINTERRUPTED.
8.2 No Guarantee of Results
We do not warrant that:
• The App will meet your specific requirements
• The App will be uninterrupted, timely, secure, or error-free
• Any errors or defects will be corrected
• The App is free of viruses or other harmful components
8.3 Third-Party Content
The App may contain links to third-party websites or services. We are not responsible for the content, accuracy, or practices of third-party sites.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
9.1 Exclusion of Damages
WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
• Your access to or use of (or inability to access or use) the App
• Any conduct or content of any third party on the App
• Unauthorized access, use, or alteration of your content or data
• Any other matter relating to the App
9.2 Liability Cap
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
9.3 Essential Purpose
THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
10. Indemnification
You agree to indemnify, defend, and hold harmless [Your Company Name], its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:
• Your access to or use of the App
• Your violation of these Terms
• Your violation of any third-party rights
• Your content or conduct on the App
11. Modifications to Terms
We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by:
• Posting a notice in the App
• Sending an email to the address associated with your account
• Updating the "Last Updated" date at the top of these Terms
Your continued use of the App after such modifications constitutes acceptance of the updated Terms.
12. Termination
12.1 Termination by You
You may stop using the App and cancel your subscription at any time as described in Section 3.
12.2 Termination by Us
We may terminate or suspend your access to the App immediately, without prior notice, if you:
• Breach these Terms
• Engage in fraudulent or illegal activities
• Misuse the App in ways that harm us or other users
12.3 Effect of Termination
Upon termination:
• Your right to use the App will immediately cease
• You will not be entitled to any refund of subscription fees
• Provisions of these Terms that by their nature should survive will survive termination
13. Governing Law and Disputes
13.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.
13.2 Dispute Resolution
Any disputes arising from these Terms or your use of the App shall be resolved through [arbitration/mediation/court jurisdiction as appropriate].
13.3 Class Action Waiver
You agree to resolve disputes with us on an individual basis and waive any right to bring claims as part of a class action.
14. Apple-Specific Terms
• These Terms are between you and [Your Company Name], not Apple
• Apple has no obligation to provide maintenance or support for the App
• Apple is not responsible for any product warranty claims
• Apple is not responsible for addressing any claims relating to the App or your use of it
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country
• You must comply with all applicable third-party terms when using the App
15. General Provisions
15.1 Entire Agreement
These Terms constitute the entire agreement between you and [Your Company Name] regarding the App.
15.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
15.3 No Waiver
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
15.4 Assignment
You may not assign or transfer these Terms or your rights under them. We may assign our rights and obligations without restriction.
16. Contact Information
If you have questions about these Terms or the App, please contact us at:
FIFTH MAGE ENTERPRISES, LLC
Email: INFO@FIFTHMAGE.COM
Address: 10505 US64, SUITE 1, ARLINGTON, TN. 38002
Website: WWW.BENCHMARKSLOPE.COM