BenchKey

BenchKey — Terms of Service

Effective date: July 4, 2026
Version: 2026-07-04

These Terms of Service (the "Terms") are a binding agreement between MDrepairs, LLC, a New Jersey limited liability company doing business as BenchKey ("BenchKey," "we," "us," or "our"), and the business or individual that registers for or uses the Service ("Customer," "you," or "your"). They govern your access to and use of the BenchKey repair‑shop management platform at app.benchkey.com, its APIs, mobile and embeddable components, and related services (together, the "Service").

Please read these Terms carefully. By clicking "I agree" (or a similar control), creating an account, or using the Service, you agree to these Terms and to our Privacy Policy and Data Processing Addendum, which are incorporated by reference. If you do not agree, do not use the Service.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, and "you" and "Customer" refer to that entity.

Electronic acceptance. You agree that checking an acceptance box, clicking "I agree," or otherwise indicating assent electronically constitutes a valid electronic signature with the same legal effect as a handwritten signature, consistent with the federal Electronic Signatures in Global and National Commerce Act (E‑SIGN), 15 U.S.C. §§ 7001 et seq., and the New Jersey Uniform Electronic Transactions Act, N.J.S.A. 12A:12‑1 et seq. We record the document version you accepted, the time, and related metadata as evidence of your agreement. You acknowledge that you had a meaningful opportunity to review these Terms before accepting them.

Notice regarding dispute resolution. Section 18 contains a binding arbitration provision and a class‑action waiver that affect how disputes are resolved, and a 30‑day right to opt out of arbitration. Please review it carefully.

1. Definitions

2. The Service; eligibility; accounts

2.1 Access. Subject to these Terms and your payment of applicable fees, we grant you a limited, non‑exclusive, non‑transferable, non‑sublicensable right to access and use the Service during the Subscription Term for your internal business purposes.

2.2 Eligibility. You must be at least 18 years old and able to form a binding contract. The Service is intended for business use by repair shops and similar businesses, not for personal, family, or household purposes.

2.3 Registration. You agree to provide accurate, current, and complete information when you register and to keep it up to date. Authentication may be provided through our identity provider; you are responsible for maintaining the confidentiality of your credentials and for all activity under your Account. Notify us promptly at support@benchkey.com of any unauthorized use or suspected security incident.

2.4 Authorized Users. You are responsible for your Authorized Users' compliance with these Terms and for the acts and omissions of anyone who accesses the Service through your Account.

2.5 Plans and usage limits. Features, seat counts, locations, and usage allowances vary by subscription plan, as described at signup or on our pricing page. We may enforce plan limits technically (for example, by requiring an upgrade to add seats or enable a feature). If your use materially exceeds your plan's limits, we may ask you to upgrade or bring your use within the limits.

3. Your responsibilities and acceptable use

3.1 Your data and your End Customers. As between you and us, you are responsible for your Customer Data and for how you collect, use, and share it. You represent and warrant that: (a) you have provided all required notices and obtained all consents necessary for us to process Customer Data (including End Customer contact information) to provide the Service on your behalf, including consent for any email, SMS/text, or voice communications you send through the Service; (b) your Customer Data and your use of the Service comply with all applicable laws (including consumer‑protection, privacy, telemarketing, anti‑spam, and messaging laws such as the TCPA and CAN‑SPAM, where applicable); and (c) you have the right to submit the Customer Data to the Service. You — not BenchKey — are the party responsible to your End Customers for your business, your repairs, your pricing, and your communications.

3.2 Acceptable use. You agree not to, and not to permit any Authorized User or third party to:

3.3 Suspension. We may suspend your or an Authorized User's access to the Service, in whole or in part, if we reasonably determine that (a) there is a threat to the security, integrity, or availability of the Service; (b) your use violates Section 3; or (c) your account is past due under Section 4. Where practicable, we will give you notice and an opportunity to cure. We will use commercially reasonable efforts to limit any suspension to the affected portion of the Service.

4. Subscriptions, fees, billing, and taxes

4.1 Fees. You agree to pay the fees for the plan you select, as presented at signup or in an order. Except as required by law or expressly stated, fees are non‑refundable.

4.2 Billing and payment. You authorize us and our payment processor to charge your designated payment method for all fees when due, including on a recurring basis. If a charge fails, we may retry and may suspend the Service until payment is received. You are responsible for keeping your payment information current.

4.3 Auto‑renewal. Unless you cancel before the end of the then‑current Subscription Term, your subscription will automatically renew for successive periods of the same length, and we will charge your payment method the then‑current fee for the renewal. You may cancel auto‑renewal at any time through your Account settings or by contacting support@benchkey.com; cancellation takes effect at the end of the current Subscription Term, and you keep access until then. We do not charge cancellation fees.

4.4 Price changes. We may change our fees. For changes that increase your recurring fees, we will give you at least 30 days' notice (for example, by email or in‑app), and the change will take effect on your next renewal. If you do not agree, you may cancel before the change takes effect. If we have promised you a specific price for life (for example, a founders plan), that promise is honored for as long as your subscription to that plan remains continuously active.

4.5 Taxes. Fees are exclusive of taxes. You are responsible for all sales, use, VAT, GST, and similar taxes associated with your purchase, other than taxes based on our net income.

4.6 Free trials and promotions. If we offer a free trial or promotional plan, we will describe its terms at signup. A free trial ends on the stated date; if you have not subscribed to a paid plan by the end of the trial, your access is suspended until you subscribe — we do not charge your payment method without your affirmative purchase. We may modify or discontinue trials and promotions at any time.

5. Customer Data; ownership; our use

5.1 Ownership. As between the parties, you own all right, title, and interest in your Customer Data. You grant us a worldwide, non‑exclusive, royalty‑free license to host, copy, transmit, display, process, and otherwise use Customer Data solely as needed to (a) provide, secure, and support the Service; (b) prevent or address technical or security problems and enforce these Terms; and (c) comply with law. We process personal data within Customer Data on your behalf as described in the Data Processing Addendum, which governs in case of conflict with these Terms as to such processing.

5.2 Roles. For personal data about your End Customers that you submit to the Service, you act as the controller (or "business") and we act as the processor (or "service provider"). For your own account and billing information, we act as the controller, as described in our Privacy Policy.

5.3 Aggregated/de‑identified data. We may generate and use aggregated or de‑identified data (data that does not identify you, any Authorized User, or any End Customer) to operate, improve, and secure the Service and for analytics, provided we do not re‑identify it or disclose it in a manner that identifies you or any individual.

5.4 Data export and deletion. During the Subscription Term you can export your Customer Data using the features we provide. After termination, Section 11.4 governs retrieval and deletion.

5.5 Feedback. If you give us suggestions or feedback, you grant us a perpetual, irrevocable, royalty‑free license to use it without restriction or obligation to you.

6. AI features

Parts of the Service use artificial‑intelligence models (for example, to help set up your workspace, categorize items, summarize tickets, or draft messages) ("AI Features").

7. Third‑Party Services and integrations

The Service lets you connect Third‑Party Services (for example, payment, accounting, messaging, shipping, or e‑commerce providers). Your use of a Third‑Party Service is governed by that provider's terms and privacy policy, not these Terms. We are not responsible for Third‑Party Services, their availability, or how they handle your data, and we do not warrant them. If you enable an integration, you authorize us to exchange the relevant data with that provider on your behalf. If a Third‑Party Service stops being available, we may stop offering the related feature.

8. Intellectual property

8.1 Our IP. The Service, the Documentation, and all related software, technology, and content (excluding Customer Data) are owned by us and our licensors and are protected by intellectual‑property laws. Except for the rights expressly granted, we reserve all rights.

8.2 Your marks; publicity. You grant us a limited license to use your name and logo to provide the Service (for example, on invoices, estimates, and portals you generate). Unless you opt out by emailing support@benchkey.com, we may also identify you by name and logo as a BenchKey customer in our marketing materials; we will stop within a reasonable time after you opt out.

9. Confidentiality

Each party may access the other's non‑public information ("Confidential Information"). The receiving party will use the disclosing party's Confidential Information only to perform under these Terms and will protect it with at least reasonable care. This does not apply to information that is public through no fault of the receiving party, independently developed, or rightfully received from a third party, and does not prevent disclosure required by law (with notice where permitted).

10. Privacy and data protection

Our collection and use of personal information is described in our Privacy Policy. Our processing of personal data on your behalf is governed by the Data Processing Addendum. You are responsible for maintaining your own privacy notices to, and lawful bases for processing data about, your End Customers.

11. Term and termination

11.1 Term. These Terms start when you first accept them and continue until all subscriptions have expired or been terminated.

11.2 Termination for convenience. You may stop using the Service and cancel your subscription at any time as described in Section 4.3. We may terminate a free plan or trial at any time.

11.3 Termination for cause. Either party may terminate these Terms if the other materially breaches and fails to cure within 30 days after written notice. We may suspend or terminate immediately for the reasons in Section 3.3 or for non‑payment.

11.4 Effect of termination. On termination, your right to use the Service ends. For a period of 30 days after termination, you may request an export of your Customer Data, and we will make it available in a commercially reasonable format unless prohibited by law. After that period, we may delete Customer Data in the ordinary course, subject to the retention described in the Privacy Policy and DPA and to residual copies in routine backups. Sections that by their nature should survive (including 5, 8, 9, 12, 13, 14, 18, and 19) survive termination.

12. Warranties and disclaimers

12.1 Mutual. Each party represents that it has the authority to enter into these Terms.

12.2 Disclaimer. EXCEPT AS EXPRESSLY STATED, THE SERVICE AND ALL RELATED MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR‑FREE, OR SECURE, OR THAT IT WILL MEET YOUR REQUIREMENTS. YOU ARE RESPONSIBLE FOR MAINTAINING YOUR OWN BACKUPS OF CRITICAL DATA. Some jurisdictions do not allow certain disclaimers, so some of the above may not apply to you.

13. Limitation of liability

13.1 Exclusion of indirect damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY.

13.2 Cap. EXCEPT FOR THE EXCLUDED CLAIMS BELOW, EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY.

13.3 Excluded claims. The limitations in 13.1 and 13.2 do not apply to: (a) your payment obligations; (b) your breach of Section 3 (acceptable use) or 8 (IP); (c) a party's indemnification obligations; or (d) liability that cannot be limited by law.

13.4 Basis of the bargain. The parties agree that these limitations are an essential basis of the bargain and apply even if a limited remedy fails of its essential purpose.

14. Indemnification

14.1 By you. You will defend, indemnify, and hold us harmless from any third‑party claim, and any resulting losses, damages, and reasonable attorneys' fees, arising out of or related to (a) your Customer Data; (b) your or your Authorized Users' use of the Service in violation of these Terms or law; (c) your relationship with, communications to, or disputes with your End Customers; or (d) your infringement or misappropriation of a third party's rights.

14.2 By us. We will defend you against any third‑party claim that the Service, as provided by us and used in accordance with these Terms, infringes that third party's intellectual‑property rights, and will indemnify you for resulting losses finally awarded, provided you promptly notify us and let us control the defense. If such a claim is made or we believe one is likely, we may, at our option: (a) procure the right for you to keep using the Service; (b) modify or replace the affected part so it is non‑infringing without materially reducing functionality; or (c) terminate the affected part and refund any prepaid fees for the unused remainder of your Subscription Term. This Section does not apply to claims arising from Customer Data, Third‑Party Services, or your modification or unauthorized use of the Service, and states our entire liability for IP infringement.

14.3 Procedure. The indemnified party will give prompt notice, reasonable cooperation, and control of the defense to the indemnifying party (no settlement admitting fault or imposing obligations without consent).

15. Modifications

15.1 To the Service. We may update, change, or discontinue features of the Service. We will not materially reduce the core functionality of a paid plan during your paid Subscription Term without a comparable replacement or a pro‑rated refund for the affected period.

15.2 To these Terms. We may update these Terms. If we make a material change, we will provide notice (for example, by email or in‑app) before it takes effect and, where appropriate, ask you to re‑accept. Changes take effect on the date stated in the notice. Your continued use after the effective date means you accept the updated Terms. Each version and your acceptance of it are recorded.

16. Communications and consent

You agree that we may send you service, transactional, and account communications (for example, billing notices, security alerts, and product notices). Marketing communications are subject to your consent and applicable law, and you may opt out of them at any time. Where the Service sends communications to your End Customers on your behalf, you are responsible for obtaining the necessary consents, as described in Section 3.1.

17. Beta features; force majeure

17.1 Beta features. We may offer features identified as beta, preview, or experimental ("Beta Features"). Beta Features are provided "as is," may be changed or withdrawn at any time, are excluded from any service commitments, and are not recommended for production‑critical use.

17.2 Force majeure. Neither party is liable for a failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, internet or utility failures, denial‑of‑service attacks, or acts of third‑party providers.

18. Governing law; dispute resolution

18.1 Governing law. These Terms are governed by the laws of the State of New Jersey, without regard to its conflict‑of‑laws rules, and, where applicable, the U.S. Federal Arbitration Act.

18.2 Informal resolution first. Before starting a formal proceeding, you agree to first contact us at support@benchkey.com (and we will contact you at your Account email) with a written description of the dispute and the relief sought, and the parties will negotiate in good faith for at least 30 days.

18.3 Binding arbitration. Except as provided in Section 18.4, any dispute arising out of or relating to these Terms or the Service that is not resolved informally will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules (or, where they apply, its Consumer Arbitration Rules), before a single arbitrator. The seat of arbitration is Monmouth County, New Jersey; where the AAA rules permit, either party may elect to participate by video, phone, or written submissions. Judgment on the award may be entered in any court of competent jurisdiction.

18.4 Exceptions. Either party may (a) bring an individual claim in small‑claims court, or (b) seek injunctive or other equitable relief in court to protect its intellectual property or Confidential Information.

18.5 Class‑action waiver. Disputes will be arbitrated only on an individual basis. The parties waive any right to participate in a class, collective, consolidated, or representative action. If this waiver is found unenforceable as to a particular claim, then that claim (and only that claim) shall proceed in court, and the waiver remains in effect for all other claims.

18.6 Your right to opt out of arbitration. You may reject the arbitration provisions in Sections 18.3 and 18.5 by sending written notice to MDrepairs, LLC, 644 Newman Springs Road, Suite A, Lincroft, NJ 07738 (or by email to support@benchkey.com with the subject "Arbitration opt‑out") within 30 days of the date you first accept these Terms. The notice must include your business name, Account email, and a clear statement that you opt out of arbitration. Opting out does not affect any other provision of these Terms.

18.7 Venue for court actions. To the extent a claim proceeds in court, the parties consent to the exclusive jurisdiction of the state and federal courts located in Monmouth County, New Jersey, and waive any objection to that venue.

19. General

19.1 Entire agreement. These Terms, the Privacy Policy, the DPA, and any order form are the entire agreement between the parties and supersede prior agreements on the subject.

19.2 Order of precedence. In case of conflict: (1) an executed order form or written agreement signed by both parties; (2) the DPA (as to processing of personal data); (3) these Terms; (4) the Documentation.

19.3 Assignment. You may not assign these Terms without our prior written consent, except to a successor in a merger or sale of substantially all assets (with notice to us). We may assign these Terms to an affiliate or successor.

19.4 Notices. We may give notice by email to your Account's contact address or by in‑app notice. You must send legal notices to MDrepairs, LLC, 644 Newman Springs Road, Suite A, Lincroft, NJ 07738, or support@benchkey.com.

19.5 Independent contractors. The parties are independent contractors; these Terms create no partnership, agency, or employment relationship.

19.6 Severability; waiver. If a provision is unenforceable, it will be modified to the minimum extent necessary and the rest remains in effect (subject to Section 18.5 for the class‑action waiver). A failure to enforce a provision is not a waiver.

19.7 No third‑party beneficiaries. There are no third‑party beneficiaries to these Terms.

19.8 Export and sanctions. You represent that you are not on a government restricted‑party list and will comply with applicable export and sanctions laws.

19.9 U.S. government users. The Service is a "commercial item" and is provided with only the rights granted to all other users.

20. Contact

Questions about these Terms: support@benchkey.com
MDrepairs, LLC (d/b/a BenchKey), 644 Newman Springs Road, Suite A, Lincroft, NJ 07738

By clicking "I agree," creating an Account, or using the Service, you acknowledge that you have read and agree to these Terms, the Privacy Policy, and the Data Processing Addendum.