Terms of Service

Introduction

Welcome to WinBench by Digital Command.

These Terms of Service ("Terms") govern your access to and use of the platform, applications, APIs, AI systems, buyer agent systems, SaaS subscriber services, and related services provided by Digital Command.

By accessing or using the platform, you agree to these Terms.

If you do not agree to these Terms, do not use the platform.

Privacy, cookies, and customer data processing are also described in our Privacy Policy (/privacy), Cookie Policy (/cookies), and Data Processing Agreement (/dpa). Those documents do not replace mandatory rights under applicable law.

If you are a consumer in the European Economic Area (EEA), the United Kingdom, or Switzerland, mandatory consumer protection laws in your country of residence may apply and prevail over conflicting terms to the extent required by those laws.

1. Platform Purpose

The platform provides buyer-centric workflow, governance, decision support, vendor interaction management, AI-assisted commercial coordination tools, and SaaS services for subscriber organizations (including workspace strategy and seller execution).

The platform is intended to help organizations:

• structure commercial interactions,
• manage vendor submissions,
• govern buyer access,
• reduce commercial noise,
• support decision workflows,
• coordinate approvals,
• and improve operational clarity.

Some buyer inbound capabilities may be offered without charge. Paid SaaS subscriptions, when offered, cover subscriber organization tools. Payment does not purchase private buyer data, bypass buyer governance, or create a right to scrape or resell buyer personal or decision details. Buyers are not the product sold to sellers. See our Privacy Policy for how we handle personal information and buyer data.

The platform does not guarantee:

• procurement outcomes,
• vendor selection outcomes,
• revenue generation,
• legal compliance,
• business performance,
• or decision accuracy.

2. Accounts

You are responsible for:

• maintaining account security,
• protecting credentials,
• restricting unauthorized access,
• ensuring information accuracy.

You are responsible for all activity conducted through your account.

If you use the platform on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and “you” includes that organization.

3. Subscriptions, Fees, and Cancellation

Paid features, if offered, are sold under the pricing, term, and billing terms shown at purchase, in an order form, or in a separate subscription agreement (each, an “Order”). If an Order conflicts with these Terms, the Order controls for commercial terms (fees, term, SLAs).

Unless the Order says otherwise:

• fees are due as invoiced or charged to your payment method,
• subscriptions may renew for successive terms unless cancelled before renewal under the Order’s notice rules,
• taxes may be added where applicable,
• fees are generally non-refundable except where required by law or expressly stated in the Order.

EEA/UK consumers. If you purchase as a consumer, you may have a statutory right to withdraw from distance contracts within 14 days, subject to exceptions for digital content or services begun with your prior express consent and acknowledgment that you lose the withdrawal right once performance begins. We will provide cancellation and withdrawal information at checkout where those rights apply.

4. Buyer Realm Governance

Buyers may configure:

• workflow rules,
• routing logic,
• approval pathways,
• agent configurations,
• visibility permissions,
• communication boundaries,
• notification settings,
• what appears on a public intake page versus what remains private.

Buyers are responsible for governance decisions configured within their environment. Buyers retain ownership of content they author on buyer surfaces, subject to the limited rights we need to operate the platform. Public intake content may be visible to senders by design; private account details, private invites, internal notes, and unpublished criteria remain subject to buyer governance.

5. AI Systems and Buyer Agents

The platform may include AI-assisted systems, including:

• buyer agents,
• recommendation systems,
• routing systems,
• scoring systems,
• summarization systems,
• workflow automation systems.

AI outputs:

• may be probabilistic,
• may contain inaccuracies,
• may produce incomplete or incorrect results,
• should not replace human judgment.

Organizations remain responsible for:

• procurement decisions,
• legal decisions,
• financial decisions,
• operational decisions,
• compliance obligations.

The platform does not guarantee the accuracy or completeness of AI-generated outputs. AI systems assist workflows and do not independently bind organizations to contractual, financial, procurement, or legal commitments.

6. Acceptable Use

You agree not to:

• misuse the platform,
• attempt unauthorized access,
• interfere with platform security,
• submit unlawful or harmful content,
• reverse engineer protected systems (except to the extent non-waivable law allows),
• exploit platform vulnerabilities,
• impersonate others,
• abuse automated systems,
• use the platform for spam or malicious activity,
• scrape, harvest, or resell private buyer data,
• bypass or attempt to bypass buyer governance through payment, automation, or deception.

We may suspend or terminate accounts that violate these Terms.

7. Vendor and Submission Conduct

Sellers and vendors must provide:

• accurate information,
• truthful submissions,
• lawful content,
• commercially appropriate communications.

Submission does not guarantee:

• buyer review,
• buyer response,
• meetings,
• procurement opportunities,
• commercial engagement.

Buyers maintain control over interaction pathways within their environment. Paid subscriber status does not entitle vendors to private buyer fields the buyer has not disclosed.

8. Hosted Content and Illegal Content Notices

Users may submit or host content (including vendor submissions and public intake materials). You retain ownership of your content and grant us a limited license to host, process, transmit, and display it as needed to operate the platform.

You must not upload content that is unlawful, infringing, or violates others’ rights. To report allegedly illegal content hosted on the platform (including under the EU Digital Services Act where applicable), email us at the contact address below with a description of the content, its location (URL or workspace context), and why you believe it is illegal. We will review notices in good faith and may remove or restrict content or accounts where appropriate. We may notify the uploading user when we act on a notice, unless law or safety requires otherwise.

9. Intellectual Property

The platform, software, systems, workflows, AI orchestration systems, interfaces, branding, and related materials are owned by Digital Command or its licensors.

You may not:

• copy,
• distribute,
• resell,
• modify,
• reverse engineer (except where non-waivable law allows),
• create derivative works,
• without authorization.

Users retain ownership of content they submit, subject to rights necessary for platform operation.

10. Customer Data Processing

Where we process personal data on behalf of a subscriber organization as a processor, our Data Processing Agreement at /dpa applies and forms part of these Terms for that processing. Our Privacy Policy describes when we act as controller versus processor.

11. Auditability and Logging

To support governance, accountability, fraud prevention, and dispute resolution, the platform may maintain logs and immutable records of:

• approvals,
• workflow actions,
• routing decisions,
• AI recommendations,
• access activity,
• configuration changes,
• submission events.

12. Availability

We may modify, suspend, or discontinue features with reasonable notice where practicable. We may make urgent changes without prior notice for security, legal, or abuse-prevention reasons.

We do not guarantee uninterrupted availability or error-free operation, except to the extent an Order expressly includes a service level commitment.

13. Disclaimer of Warranties

Except as expressly stated in an Order, the platform is provided "as is" and "as available."

To the maximum extent permitted by law, Digital Command disclaims all warranties, including:

• merchantability,
• fitness for a particular purpose,
• non-infringement,
• accuracy,
• reliability,
• availability.

Nothing in these Terms excludes or limits any warranty or right that cannot be excluded or limited under applicable law (including mandatory consumer rights in the EEA, UK, or Switzerland).

14. Limitation of Liability

To the maximum extent permitted by law, Digital Command shall not be liable for:

• indirect damages,
• incidental damages,
• consequential damages,
• lost profits,
• business interruption,
• procurement outcomes,
• decision outcomes,
• AI-generated inaccuracies,
• data loss (except to the extent caused by our failure to apply reasonable security measures where we are responsible),
• workflow disruptions.

Subject to the carve-outs below, Digital Command’s total aggregate liability arising out of or related to the platform or these Terms will not exceed the greater of (a) the fees you paid to Digital Command for the platform in the twelve (12) months before the event giving rise to liability, or (b) one hundred US dollars (USD $100) if you have not paid fees.

Nothing in these Terms excludes or limits liability for: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; gross negligence or willful misconduct where such limitation is prohibited; or any other liability that cannot be excluded or limited under applicable law (including mandatory consumer protections).

15. Indemnification

If you use the platform as a business or organization, you agree to indemnify and hold harmless Digital Command from third-party claims arising from:

• your content or submissions,
• your violations of these Terms,
• your misuse of AI systems,
• your unlawful conduct,
• your failure to obtain rights or consents needed for Customer Content you instruct us to process.

If you are a consumer, this indemnity applies only to the extent permitted by mandatory law and does not require you to indemnify us for our own negligence, misconduct, or defects in the service where such indemnity would be unfair or unenforceable.

16. Termination and Data Exit

We may suspend or terminate access if:

• these Terms are violated,
• platform misuse occurs,
• security risks emerge,
• unlawful activity is detected,
• required fees remain unpaid after notice (for paid plans).

You may stop using the platform at any time. For paid subscriptions, cancellation takes effect according to the Order.

After termination or account closure, we will make Customer Content reasonably available for export for a limited period (typically at least thirty (30) days where technically feasible), then delete or anonymize it in accordance with our Privacy Policy and DPA, except for data we must retain for security, audit, dispute resolution, or legal compliance. Controller-account data we hold independently is handled under the Privacy Policy.

17. Governing Law and Disputes

Except as stated below, these Terms shall be governed by the laws of the State of North Carolina, United States, without regard to conflict of law principles.

EEA, UK, and Swiss consumers. If you are a consumer habitually resident in the EEA, UK, or Switzerland, you also enjoy the protection of mandatory provisions of the law of your country of residence. You may bring proceedings in the courts of that country, and we may bring proceedings only in those courts, to the extent required by applicable consumer law. You may also be entitled to use the European Commission’s Online Dispute Resolution platform or equivalent UK/Swiss mechanisms where available.

Business customers. If you are a business, exclusive jurisdiction of the state or federal courts located in North Carolina applies, unless an Order specifies otherwise.

18. Changes to These Terms

We may update these Terms periodically.

Updated versions will be posted with a revised effective date. For material changes that adversely affect paid subscribers or consumers, we will provide reasonable advance notice (for example by email or in-product notice) before the changes take effect, except where changes are required by law or relate to new features that do not reduce existing entitlements.

If you do not agree to material changes, you should stop using the platform and cancel any paid subscription under the Order’s cancellation terms. Continued use after the effective date of non-material updates, or after you accept material updates where we request affirmative acceptance, constitutes acceptance of the updated Terms. Mandatory consumer rights are not waived by continued use.

19. Contact

Digital Command (makers of WinBench)

8120 Torringdon Way, Charlotte, NC

[email protected]