// Legal
Plain language summary: By using VendorBenchmark, you agree to use our platform only for legitimate enterprise procurement intelligence purposes. You may not resell, redistribute, or publish our benchmark data. All data you submit to us is protected under our NDA and used only to generate your benchmark report. We provide intelligence and analysis — not legal or financial advice.
These Terms of Service ("Terms") constitute a legally binding agreement between you (or the enterprise you represent) and VendorBenchmark.com ("VendorBenchmark," "we," "us," or "our") governing your access to and use of the VendorBenchmark platform, including all associated websites, tools, reports, and services (collectively, the "Platform").
By creating an account, accessing the Platform, or downloading any VendorBenchmark research, you confirm that you have read, understood, and agree to be bound by these Terms. If you are accepting these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization.
If you do not agree to these Terms, you may not use the Platform.
VendorBenchmark provides enterprise software pricing intelligence services, including:
VendorBenchmark's services constitute pricing intelligence and analytical commentary. They do not constitute legal advice, financial advice, or investment advice. You are responsible for your own procurement decisions and any consequences thereof.
To access the Platform, you must register with a valid business email address. Personal email addresses (Gmail, Yahoo, Hotmail, etc.) are not permitted for platform accounts. You must provide accurate, current, and complete registration information.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately at security@vendorbenchmark.com if you suspect unauthorized access to your account.
Each subscription seat is for a single named user. You may not share account credentials across multiple individuals. Enterprise subscriptions with multi-seat licensing are available — contact us for details.
VendorBenchmark offers subscription-based access at tiers described on our Pricing page. Subscription fees are billed in advance, either monthly or annually.
Free trial access is provided without charge for the duration specified at sign-up. No credit card is required for the free trial unless otherwise indicated. We reserve the right to modify or discontinue free trial offerings at any time.
Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. Cancellations take effect at the end of the current billing period — no partial-period refunds are provided except where required by applicable law.
We may change subscription pricing with 60 days' advance notice to active subscribers. Price changes take effect at your next renewal date following the notice period.
VendorBenchmark grants you a limited, non-exclusive, non-transferable license to access and use benchmark data, reports, and research outputs solely for your internal business purposes. This license does not permit:
You retain ownership of any vendor proposals, contract data, or deal information you submit to VendorBenchmark. By submitting data, you grant us a limited license to process it for the purpose of generating your benchmark report and, in anonymized and aggregated form only, to incorporate it into our benchmark database.
All data contributions to our benchmark database are anonymized and stripped of identifying information before use. No identifiable company data is ever shared with third parties. See our Privacy Policy for details.
You agree not to use the Platform to:
Important: Sharing VendorBenchmark benchmark reports or data with your software vendors (Oracle, SAP, Microsoft, AWS, Salesforce, etc.) or their representatives violates these Terms and may compromise your negotiating position. Benchmark reports are for your internal use only.
Each party acknowledges that it may receive confidential information from the other. Both parties agree to maintain the confidentiality of such information using at least the same standard of care used to protect their own confidential information, but no less than reasonable care.
For clients requiring formal mutual NDA protection before submitting sensitive contract data, we offer three NDA paths through our NDA Center. Our standard NDA includes: mutual obligations, 5-year term, and express exclusion of aggregated benchmark data from confidentiality obligations.
VendorBenchmark and its licensors own all intellectual property rights in and to the Platform, including the benchmark database, proprietary analytics methodology, reports, research, software, and all related content. Nothing in these Terms transfers any ownership rights to you.
VendorBenchmark, the VendorBenchmark logo, and all associated names, logos, and trademarks are the property of VendorBenchmark. You may not use them without our prior written consent.
VendorBenchmark warrants that the Platform will perform materially in accordance with its documentation under normal use conditions. We use commercially reasonable efforts to maintain benchmark data accuracy, but we do not warrant that benchmark data is complete, error-free, or applicable to your specific vendor negotiations.
Disclaimer: THE PLATFORM IS PROVIDED "AS IS" TO THE EXTENT PERMITTED BY LAW. VENDORBENCHMARK DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BENCHMARK DATA REPRESENTS MARKET INTELLIGENCE, NOT GUARANTEED NEGOTIATION OUTCOMES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VENDORBENCHMARK'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE FEES PAID BY YOU TO VENDORBENCHMARK IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $10,000.
IN NO EVENT SHALL VENDORBENCHMARK BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR REVENUE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend, and hold harmless VendorBenchmark and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in connection with: (a) your use of the Platform in violation of these Terms; (b) your violation of any applicable law or third-party rights; or (c) any false or inaccurate data you submit to the Platform.
Either party may terminate these Terms at any time. VendorBenchmark may suspend or terminate your access immediately if you breach these Terms or if we reasonably believe your use poses a security risk.
Upon termination: your license to use the Platform ends immediately; your submitted data will be handled per our Privacy Policy; and provisions that by their nature should survive termination (including intellectual property, confidentiality, indemnification, and limitation of liability) shall survive.
These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Any disputes shall be resolved through binding arbitration under the AAA Commercial Arbitration Rules, conducted in San Francisco, California, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction.
YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
We may modify these Terms at any time. For material changes, we will provide 30 days' advance notice via email to registered users. Continued use of the Platform after the effective date of revised Terms constitutes acceptance. If you do not agree to revised Terms, you must stop using the Platform and cancel your subscription before the effective date.
Questions about these Terms should be directed to:
Email: legal@vendorbenchmark.com
Mail: VendorBenchmark, Attn: Legal, 100 Enterprise Way, Suite 500, San Francisco, CA 94105
See also: Privacy Policy · Security · Methodology