Benchmarks Service-Specific Terms

LAST UPDATED: December 17, 2021

These Benchmarks Service-Specific Terms (“SSTs”) only apply if you have purchased a Momentive service incorporating any of our benchmark features (“Benchmarks”).

If you have entered into a Momentive Governing Services Agreement for Momentive Enterprise services (“GSA”), these SSTs are additional terms that apply specifically to your use of Benchmarks and are subject to and incorporated into the GSA. Otherwise, these SSTs are “Additional Terms” as defined in the Momentive Terms of Use (“TOU”) and Benchmarks is a component of the Services provided thereunder. Capitalized but otherwise undefined terms in these SSTs have meanings given to them in the TOU or GSA (as applicable). In the event of any conflict between these SSTs and the TOU or GSA (as applicable), these SSTs will prevail.

Benchmarks provides you with access to certain benchmarking analytical data (“Data”) derived from survey data that Momentive users have contributed for the purpose of benchmark creation. Benchmarks may be purchased as a feature within your Momentive subscription or as a one-time purchase. Your Benchmarks purchase will be a subscription unless you are purchasing Benchmarks through our market research solutions (a one-time purchase), or if the order form or other document under which you purchased Benchmarks (“Order Document”) specifies otherwise.

To access Data for certain survey questions or templates you will be required to: (a) maintain a Momentive account on a plan that supports Benchmarks; and (b) maintain a completed demographic profile (accessible through your Account Summary page).

If you purchased Benchmarks under our GSA, we may agree to provide you with customized Benchmarks based on certain products, industries or customer demographics as specifically requested by you ("Custom Benchmarks"). Your Custom Benchmarks will only be provided to you, and any Data provided in Custom Benchmarks is governed by the Data License below.

Except in connection with our Custom Benchmarks, by purchasing Benchmarks, you agree that you are contributing your own survey results to those survey questions or templates to the Benchmarks service. And except for our Custom Benchmarks, benchmarking is only performed on questions sourced from our Question Bank, so you can contribute your own survey results to the Benchmarks service by including such questions in your surveys.

Subject to the payment of any applicable fees for Benchmarks, we grant you a perpetual, non-exclusive, non-transferable, non-sublicensable, worldwide right to use the Data for your internal business purposes only (“License”).

The License also permits you to:

1. reproduce the Data for your internal backup purposes only.

You may not, and the License does not entitle you to:

1. resell, lend, or assign the Data;

2. publish, distribute or otherwise disclose the Data to any third party, except to any of your contractors who need to access the Data to assist you to use the Data in accordance with the terms of the License. You will be liable for any breach of the License terms by your contractors;

3. imply or state that we endorse, sponsor, or are affiliated with the purposes for which you use the Data; or

4. remove or modify any notice of copyright, trademark or other proprietary right from any place where it is on or embedded in the Data.

These SSTs do not grant or transfer to you any ownership rights to the Data, and ownership of all intellectual property rights subsisting in the Data are retained by us or our licensors. No licenses or rights to the Data are granted to you other than as expressly provided herein.

The License, with respect to any Data you have downloaded, will survive termination of your access to Benchmarks and will continue until terminated. We may terminate the License upon 7 days’ written notice if you materially breach these SSTs. Upon termination of the License, you will immediately cease all use of the Data and delete all copies of the Data you have in your possession, control, or custody.

A Benchmarks subscription is an automatically renewing subscription. The billing cycle for your Benchmarks Subscription is specified on the Order Document. Absent such specification, the billing cycle will be annual.

You may terminate your Benchmarks subscription at the end of a billing cycle by providing at least 30 days’ written notice to us before the end of that billing cycle (i.e., when your Benchmarks subscription is due to automatically renew). We may also cancel your Benchmarks subscription at the end of a billing cycle by providing at least 30 days’ written notice before the end of that billing cycle.

You will not be able to access Benchmarks unless you maintain an account on a plan that supports Benchmarks.

For our self-serve customers purchasing Benchmarks under a subscription, we may change the fees charged for Benchmarks at any time, provided that the change will become effective only at the end of the then-current billing cycle of your Benchmarks subscription. For Benchmarks purchased under a subscription, we will provide at least 60 days’ prior written notice of any change in fees to give you an opportunity to cancel your Benchmarks subscription before the change becomes effective.

EXCEPT AS EXPRESSLY PROVIDED IN THESE SSTS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE DATA IS PROVIDED “AS IS” AND MOMENTIVE DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY WARRANTIES REGARDING RELIABILITY, SUITABILITY, VERACITY, OR ACCURACY OF THE DATA.