Service-Specific Terms

These Service-Specific Terms (“Service Terms”) govern the use of particular services, features, or modules (each, a “Service”) offered by Benchling, Inc. and its affiliates (“Benchling”).

The Service Terms are a binding legal agreement between Benchling and the Customer or user agreeing to these terms (“you”). By accessing or using a Service, you agree to be bound by these Service Terms. If you do not agree, you may not use the Service. If you are agreeing to these terms on behalf of a Customer (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these terms. In that case, “you” refers to that Customer or other legal entity.

These Service Terms are an addendum to, and are incorporated by reference into, Benchling’s Terms of Service and Main Services Agreement. In the event of a conflict between these Service Terms and the Terms of Service, the Main Services Agreement, or any separate written agreement with Benchling governing your use of the paid offering of the Benchling Services, these Service Terms shall prevail solely with respect to the applicable Service. Capitalized terms used herein, but not defined either when they first appear or in Section 1 (Definitions), shall have the same meaning set forth in the agreement governing your use of the Benchling Services.

1. Definitions

“Application Services” means the proprietary cloud services and related offerings hosted on servers under the control or direction of Benchling, as modified from time to time.

“Benchling Installed Software” means Benchling’s proprietary software components or tools made available for installation on your computer systems or devices, including but not limited to for the purpose of integrating the Application Services with Third-Party Services.

“Benchling Services” means the Application Services, Benchling Installed Software, and the Documentation. The Benchling Services do not include Third-Party Services.

“Documentation” means the then current version of the readme and help files, knowledge base and other documentation for the Application Services made available at help.benchling.com and docs.benchling.com.

“Optional Administrative Services” means any optional web-based dashboards, portals, or interfaces that Benchling may make available to Customer for account administration, support case tracking, usage analytics, or related functionality, each a Service which may be further detailed in supplementary terms supplied to you.

2. Service-Specific Terms

2.1 Optional Administrative Services

Benchling may, from time to time, offer Optional Administrative Services. The Optional Administrative Services are provided for convenience only and may include tools and interfaces meant to manage support interactions, review your support history, or otherwise support your use of the Benchling Services. An Optional Administrative Service may be subject to supplemental terms to be provided to you, and which you must agree to, prior to commencement of such Service. Benchling may modify the Optional Administrative Services at its discretion. You may stop using an Optional Administrative Service at any time, and Benchling may terminate your use of such Service for any reason, provided that Benchling shall give you thirty (30) days prior written notice before terminating your use, unless otherwise agreed upon by the parties in writing. Notwithstanding anything else in these Service Terms or the agreement governing your use of the Benchling Services, Benchling offers no SLA or indemnity for Optional Administrative Services, which are provided "AS IS," and Benchling shall not be liable for any damages arising from their use or performance.

2.2 AI Services

“AI Service(s)” means features and functionality made available as part of the Benchling Services that are labeled, identified, or described by Benchling as including, using, powered by, or being an artificial intelligence (“AI”) or machine learning feature or service. A list of Benchling’s currently available AI Services, including Trials and Betas, can be found here: https://www.benchling.com/ai-services.

All AI Services are subject to the “AI Service Terms,” which means the terms and conditions available at https://www.benchling.com/ai-service-terms.