Terms & Conditions

    Last Updated: August 24, 2026

    1. Acceptance of Terms

    These Terms and Conditions ("Terms") govern your access to and use of BrandScore ("Service", "Platform"), an employer competitive intelligence, AI recommendation analysis and reinforcement intelligence platform operated by Talentrich PTY Ltd ATF TR Trust, trading through Benchmarcx ("Company", "Benchmarcx", "we", "us", or "our"). The Platform is delivered alongside related products including TalentXP (workforce evidence and benchmarking) and the AI Recruiter Toolkit.

    By accessing, registering for, purchasing or using BrandScore, or accepting a Proposal or Order Form that incorporates these Terms, you agree to be bound by these Terms. If you do not agree, you must not use the Service.

    2. Definitions

    "Account" means your BrandScore user account.

    "Analysis" means an employer brand, AI visibility, narrative, evidence, source, competitive intelligence or related evaluation conducted through the Platform.

    "AI Engines" means third-party large language models, generative AI systems and AI-driven search or recommendation engines including, without limitation, ChatGPT (OpenAI), Claude (Anthropic), Gemini (Google), Perplexity and equivalent systems.

    "AI Outputs" means any analytical interpretation, score, narrative summary, recommendation, content, ranking, visibility signal, sentiment classification, reinforcement score, competitive comparison, generated copy, conversational answer or other result produced by or derived from AI Engines through the Platform.

    "Evidence Analysis" means BrandScore analysis of evidence, citations, sources, claims or signals that appear to support, influence or relate to an AI Output.

    "Order Form" or "Proposal" means a quote, proposal, statement of work, order form or other commercial document accepted by the customer that specifies purchased modules, scope, brands, markets, term, fees, deliverables, usage rights or other commercial terms.

    "Recommendation Intelligence" means analytical observations and methodologies relating to whether, how and to what extent an employer is referenced, recommended or characterised by AI Engines.

    "Reinforcement Intelligence" means analytical methodologies designed to surface, structure and amplify evidence intended to support how AI Engines may interpret an employer over time.

    "TalentXP Data" means workforce experience, candidate and employee evidence, surveys and benchmarks collected through the TalentXP product.

    "Subscription Tier" means a selected pricing plan or purchased service package as published on the Pricing page or specified in an Order Form or Proposal.

    3. Service Description & Nature of the Platform

    BrandScore is an intelligence, analytical and probabilistic AI interpretation environment. It is designed to help organisations understand, monitor and identify opportunities to strengthen how AI Engines and public sources may describe and recommend them as employers. The Service may include:

    • AI employer visibility analysis across multiple AI Engines
    • AI recommendation intelligence and recommendation density observations
    • Employer narrative analysis, sentiment interpretation and Voice vs AI analysis
    • EVP Trust, claim, evidence and source analysis
    • Evidence Quality and citation or source verification analysis
    • Reinforcement intelligence and recommendation reinforcement suggestions
    • Competitor recommendation analysis and benchmark comparisons
    • AI-generated recruiter tools, job ads, outreach copy and Boolean searches
    • AI-generated optimisation content and validation page artefacts
    • Benchmarking intelligence using public, customer-provided and TalentXP-derived data
    • Ongoing AI recommendation monitoring, alerts and historical tracking
    • Workforce credibility reinforcement using anonymised, aggregated TalentXP signals
    • Employer competitive intelligence reports, dashboards, one-off audits and managed analyses
    • AI-assisted conversational interpretation of BrandScore results

    BrandScore is expressly NOT: a guaranteed factual ranking system; a definitive reputation scoring system; a guaranteed AI visibility platform; an independent certification or audit; or a guaranteed recommendation outcome engine. All outputs are analytical, directional and probabilistic in nature.

    The Service may evolve to include Talent Market Intelligence, Competitive Context, Candidate Priority Analysis, Recommendation Intelligence Reports, Workforce Evidence Validation, Reinforcement Workflows, Market Monitoring, Trend Analysis and related analytical capabilities. The scope, methodology and presentation of such capabilities may change over time in accordance with Section 20 (Methodology Flexibility).

    4. Order Forms, Service Packages & Pricing

    4.1 Commercial Scope

    BrandScore may be purchased through published plans, one-off audits, managed analyses, subscriptions, enterprise packages or custom Proposals and Order Forms. The applicable Order Form or Proposal defines the purchased scope, modules, brands, markets, competitor coverage, scan frequency, deliverables, term, fees and other commercial inclusions.

    4.2 Order of Precedence

    If an accepted Order Form or Proposal conflicts with these Terms regarding commercial scope, pricing, term, payment schedule or inclusions, the Order Form or Proposal prevails for those matters. These Terms prevail for all other matters unless the Order Form or Proposal expressly states otherwise.

    4.3 Pricing Changes

    We reserve the right to modify published pricing, packaging, inclusions or methodology at any time. Changes will not affect an active fixed-term purchase until renewal unless agreed with you, permitted under clause 4.4, or reasonably required to preserve the security, availability or commercial viability of the Service. One-time purchases are not subject to price increases after purchase.

    4.4 Third-Party AI Engine Costs

    The Service relies on third-party AI Engines, APIs, search services, data providers and related infrastructure whose pricing, usage rules and commercial terms are outside Benchmarcx's control.

    For the purpose of this clause, a third-party cost increase is material where the third-party cost of delivering the affected Service increases by 25% or more compared with the applicable cost at the start of the customer's current contract term.

    If a third-party provider materially increases its charges, introduces new charges or changes its usage terms in a way that materially increases the cost of delivering the purchased Service, Benchmarcx may take reasonable steps to preserve continued delivery. These steps may include:

    (a) replacing or removing an affected AI Engine or third-party service;

    (b) changing sampling levels, scan frequency, query volume or processing methods while seeking to preserve the overall purpose of the purchased Service;

    (c) introducing reasonable usage limits or additional usage charges for usage beyond the purchased scope; or

    (d) proposing a reasonable fee adjustment that reflects the increased third-party cost.

    Benchmarcx will provide at least 30 days' written notice before applying a material reduction to the purchased Service or a fee adjustment, unless urgent action is required to prevent substantial financial loss or service disruption.

    If the parties do not agree to a proposed fee adjustment, and Benchmarcx cannot continue providing substantially the same Service on commercially reasonable terms, Benchmarcx may suspend or terminate the affected feature or Service by giving at least 30 days' written notice.

    Where Benchmarcx terminates a prepaid Service under this clause, the customer will receive a pro-rata refund or credit for the unused portion of the affected Service. Neither party will have further liability arising solely from that termination.

    5. Payment Terms

    5.1 Payment Methods

    We accept major credit cards and other payment methods displayed during checkout or stated in an Order Form or Proposal. Payments may be processed by third-party processors.

    5.2 One-Time Purchases

    One-off audits, Toolkit products, Snapshots and other one-time services provide access to the features and deliverables specified at purchase. Additional analyses, reruns or expanded scope may require a new purchase.

    5.3 Subscriptions and Contract Term

    Subscriptions are billed monthly, annually or on another schedule as agreed. Billing frequency does not determine the contract term. Where an Order Form or Proposal specifies a 12-month or other minimum commitment, monthly billing does not create a month-to-month right of cancellation.

    5.4 Renewal

    Subscriptions renew as stated in the applicable Order Form, Proposal or checkout terms. Where automatic renewal applies, you must cancel before the renewal date to prevent the next renewal term.

    5.5 Taxes

    All prices are exclusive of applicable taxes, levies or duties, for which you are responsible unless expressly stated otherwise.

    6. Refund Policy

    6.1 One-Time Purchases

    Where a 30-day money-back guarantee is expressly offered at checkout for a one-time purchase, refund requests must be made within 30 days of purchase via email or in-app support and are processed within 7--10 business days. Upon refund, access to associated analyses and reports may be revoked. Custom, presented or managed audits and services are not refundable once delivery or material work has commenced unless the applicable Order Form or Proposal states otherwise.

    6.2 Subscription Refunds

    No refunds are available for subscription payments already processed except where required by law or expressly agreed in an Order Form or Proposal.

    7. Cancellation

    You may give notice that you do not wish to renew a subscription. Cancellation takes effect at the end of the applicable committed term, not the end of a monthly billing cycle where a longer minimum contract term applies.

    After cancellation or expiry, we may provide view-only access to previously generated reports for a reasonable period. New analyses, AI chat, monitoring and other active features may become unavailable.

    8. Purchased Scope, Provisioning & Fair Use

    Access rights, modules, markets, brands, competitor sets, scan frequency, credits, AI message limits and other entitlements are determined by your purchased scope.

    We may correct account provisioning, configuration or entitlement errors where access has been granted beyond the purchased scope.

    We reserve the right to suspend or limit access where users make excessive automated requests, attempt to circumvent limits, share access contrary to these Terms, or undertake activity that materially degrades platform performance.

    9. User Responsibilities

    9.1 Account Security

    You are responsible for the confidentiality of your credentials and for all activity under your Account.

    9.2 Accurate Information

    You must provide accurate company, industry, market, URL and other configuration information. AI Outputs depend materially on the inputs you supply.

    9.3 Prohibited Uses

    You must not use the Service for unlawful, defamatory, discriminatory, deceptive or misleading purposes; reverse engineer, scrape, extract models or attempt to derive underlying proprietary methodologies; share credentials, resell or sublicense access except where expressly authorised; or use AI Outputs or Generated Content in breach of employment, advertising, consumer, privacy, discrimination or other applicable laws.

    10. AI Outputs & Recommendation Intelligence Disclaimer

    10.1 Probabilistic & Dynamic Nature

    AI Outputs are probabilistic, dynamic and directional, not deterministic statements of fact.

    AI answer presence, narrative content, evidence references and reinforcement signals can and will change over time.

    Results may vary materially across prompts, AI Engines, geographies, devices, accounts, sessions, languages, regional indexes, model versions, search settings, personalisation, memory, account history and other technical or contextual factors.

    AI Outputs do not represent definitive factual statements, official rankings or guaranteed visibility.

    AI Engines may produce inconsistent, incomplete or contradictory outputs even for identical queries.

    Answer presence, recommendation confidence, recommendation density, AI visibility gap, reinforcement density and similar measures are analytical and methodological concepts, not certifications or guaranteed outcomes.

    10.2 Interpretation Standard

    AI Outputs must be interpreted as analytical observations for strategic and directional decision-making, not as factual rankings, audited measurements, certifications or guarantees of any kind.

    11. Sampling, Repeatability & Measurement

    BrandScore may run the same or similar prompts multiple times, across multiple AI Engines, and may aggregate, classify, weight or otherwise analyse those observations using BrandScore methodologies.

    The number of samples may vary by module, analysis type, methodology, engine availability or quality-control requirements. Some modules may use fixed sampling while others may use adaptive or conditional sampling.

    A single query performed by a customer directly in an AI Engine should not be expected to reproduce a BrandScore result. Differences do not, by themselves, indicate an error in either result.

    BrandScore may use statistical, computational and model-assisted methods to identify themes, sentiment, employer mentions, evidence patterns, priority coverage and other analytical signals.

    12. AI Engine Interfaces, Grounding & Search

    BrandScore may access AI Engines through APIs, enterprise interfaces, search-enabled systems, retrieval tools or other technical methods. Outputs obtained through these methods may differ from outputs displayed through consumer-facing AI products.

    Consumer products may use features unavailable to BrandScore, including personal memory, account history, device context, precise location, product-specific search behaviour, personalisation or proprietary interface logic.

    Some BrandScore analyses may use grounded, search-enabled or source-enabled AI behaviour while others may intentionally measure ungrounded model behaviour. These approaches measure different conditions and are not expected to produce identical results.

    Benchmarcx does not represent that BrandScore perfectly reproduces the experience of every individual user of a third-party AI product.

    13. Third-Party AI Engine Disclaimer

    BrandScore observes, queries and analyses outputs generated by third-party AI Engines including, without limitation, ChatGPT, Claude, Gemini, Perplexity and other large language models, generative search engines and AI recommendation systems.

    Benchmarcx and BrandScore do not own, operate or control these AI Engines; cannot guarantee output consistency, accuracy or availability; cannot guarantee future recommendation behaviour or visibility persistence; and are not responsible for biases, hallucinations, omissions or factual errors generated by third-party AI Engines.

    AI Engine outputs may change materially as a result of model updates, prompt variations, regional differences, indexing changes, third-party data changes, policy changes, throttling or evolution of underlying models and recommendation systems.

    14. Evidence Quality, Citations & Source Verification

    BrandScore may identify, test, classify or analyse sources, citations, references and evidence associated with AI Outputs.

    An AI Engine citing, naming or appearing to rely on a source does not mean that Benchmarcx has independently accessed, authenticated, verified or endorsed that source or the claims contained within it.

    Some sources may be behind logins, paywalls, access controls, removed pages, changed URLs, cached or indexed content, snippets, third-party reproductions or other access restrictions. BrandScore may therefore be unable to reproduce or verify the precise content available to an AI Engine.

    Labels such as supported, unsupported, weak, inaccessible, unverifiable, conflicting or similar evidence classifications reflect BrandScore methodology and the evidence available at the time of analysis. They are not legal or factual determinations about the underlying source.

    Source availability and accessibility may change after an Analysis is completed.

    15. Voice vs AI, EVP Trust & Claim Analysis

    Voice vs AI, EVP Trust, Statement Validation, Candidate Priority analysis and related features compare employer-provided claims, public information, workforce evidence and observed AI narratives using BrandScore methodologies.

    A difference, gap, alignment score or trust signal means that BrandScore observed a difference or relationship under the applicable methodology. It does not establish that either the employer statement or the AI narrative is objectively true, false, misleading or complete.

    Customers remain responsible for substantiating their own employment, EVP, culture, workforce and marketing claims.

    16. Competitor, Benchmarking & Comparative Analysis

    Competitor analyses, visibility comparisons, recommendation comparisons, benchmark scores and market positioning observations are analytical estimates derived from observed AI Outputs and Benchmarcx methodologies.

    References to third-party employers, competitors or brands do not constitute factual endorsements, certifications, reputation claims or representations about those organisations.

    BrandScore does not assert objective superiority or inferiority of any employer. Comparisons reflect methodology-bounded observations at a point in time.

    You are responsible for how you interpret, communicate or act on comparative outputs, including any external communications referencing competitors.

    Competitive Context, Candidate Priority Ownership, Association Gaps, Theme Ownership, Recommendation Themes, Competitive Reinforcement Analysis, Market Intelligence and related outputs are not statements of fact regarding any organisation, competitor, workforce, employee experience, employer capability, culture, employment practices or organisational performance.

    BrandScore does not certify, endorse or verify competitor practices, claims, workforce experiences or organisational outcomes.

    17. Reinforcement & Visibility Outcomes

    Concepts including reinforcement, recommendation confidence, recommendation density, visibility strengthening, AI visibility gap and similar measures are proprietary analytical concepts and methodologies developed by Benchmarcx.

    BrandScore provides analytical insights and optimisation recommendations only. No guarantee, warranty or representation is made regarding future AI visibility, recommendation inclusion, narrative framing, employer ranking, search appearance or recommendation outcomes.

    Implementation of reinforcement suggestions does not guarantee any specific change in AI Engine behaviour.

    BrandScore does not guarantee improvements in AI answer presence, recommendation inclusion, weighted answer presence, recommendation sentiment, recommendation position, employer brand perception, candidate attraction, application volume, applicant quality, offer acceptance, employee attraction, employee retention, workforce engagement or commercial outcomes arising from use of the Platform or implementation of any recommendations.

    17.1 Validation Statements & Reinforcement Content

    Validation Statements, Reinforcement Statements, AI-Ready Statements, EVP Validation Outputs, Workforce Evidence Summaries and related content are analytical interpretations based on customer-provided evidence, uploaded materials, TalentXP Data, public information and BrandScore methodologies.

    Such content is provided for informational and strategic purposes only and should not be interpreted as independently audited, certified, verified or guaranteed factual claims.

    Customers remain solely responsible for reviewing, validating and approving all statements prior to publication, distribution or use.

    18. AI Recruiter Toolkit, AI Agent & Generated Content

    The AI Recruiter Toolkit and related features may generate job advertisements, recruiter outreach copy, EVP statements, Boolean searches, candidate messaging, content rewrites, validation page artefacts and other employer copy ("Generated Content").

    BrandScore may also provide AI-assisted conversational features that interpret, explain or answer questions about Platform results. Answers generated by an AI agent are AI Outputs and may contain errors, omissions or interpretations that differ from the underlying recorded analysis.

    Where there is a conflict between a conversational answer and the underlying stored analysis, source record or methodology output, the underlying Platform record should be treated as the primary BrandScore result.

    Generated Content is provided as a suggestion and starting point, not as ready-to-publish material. You are solely responsible for reviewing, editing, fact-checking and approving Generated Content before use.

    You are responsible for compliance with all applicable employment, equal opportunity, anti-discrimination, advertising, consumer, privacy and disclosure laws in every jurisdiction in which Generated Content is used.

    Benchmarcx makes no warranty of accuracy, originality, legality or suitability of Generated Content and is not liable for recruitment, hiring, reputational, commercial or branding outcomes arising from its use.

    19. Data Sources, Public Information & Customer Evidence

    BrandScore may analyse, reference or process public web content; employer brand assets; careers sites; review platforms; social and professional networks; benchmark data; workforce signals; publicly available information; customer-provided data; and responses generated by AI Engines.

    Benchmarcx does not guarantee the completeness, currency, legality or accuracy of any external data source. Third-party content, platforms and APIs may change, be restricted, removed or rate-limited without notice.

    Where data retrieval is blocked, partial or affected by bot protection, access controls or technical restrictions, AI Outputs or Evidence Analysis may be incomplete or absent.

    19.1 Customer Uploaded Evidence

    Customers may upload screenshots, survey results, workforce evidence, benchmark results, graphs, reports, TalentXP outputs and other supporting materials.

    Customers represent and warrant that they have the necessary rights, permissions and authority to upload and use such materials.

    Benchmarcx does not independently verify the accuracy, completeness, legality or authenticity of uploaded evidence and may rely upon such materials when generating analytical outputs, validation statements, reinforcement content and recommendation intelligence.

    Customers remain solely responsible for the accuracy and use of uploaded evidence.

    20. TalentXP & Workforce Evidence

    TalentXP Data may be used, in aggregated and anonymised form, to generate reinforcement intelligence, validation signals, benchmarks and AI recommendation reinforcement artefacts within BrandScore.

    No personally identifiable candidate or employee data is exposed in BrandScore outputs or to other customers.

    Benchmarked insights derived from TalentXP are statistical and analytical and are presented as directional indicators rather than individual attestations.

    Customers contributing TalentXP Data grant Benchmarcx a non-exclusive, royalty-free licence to use that data in anonymised, aggregated form for benchmarking, methodology development and reinforcement intelligence across the Platform.

    BrandScore may recommend workforce evidence sources, TalentXP survey questions, supporting validation content and reinforcement opportunities based on Candidate Priorities, recommendation analysis and BrandScore methodologies. Such recommendations do not guarantee AI visibility improvements or changes in AI Engine behaviour.

    21. No Professional Advice

    BrandScore is an analytical and intelligence platform. Its outputs, including AI Outputs, Generated Content, recommendations, scores, benchmarks and reinforcement suggestions, do not constitute legal advice; recruitment, hiring or HR advice; employment, labour or discrimination law advice; marketing, advertising or PR advice; investment, financial or commercial advice; reputation management advice; or strategic consulting advice.

    You should obtain appropriate professional advice before making material decisions based on Platform outputs.

    22. Methodology Flexibility & Historical Comparability

    Benchmarcx may, at any time and without prior notice, modify or replace scoring, visibility, sentiment, narrative, evidence and reinforcement methodologies; change prompt structures, prompt sets, sampling approaches and query strategies; add, remove or substitute AI Engines, data sources and benchmark sets; revise scales, weightings, thresholds and presentation of metrics; and evolve, rename or retire analytical concepts, modules and reports.

    Historical scores and outputs may not be directly comparable to outputs produced after methodology changes.

    BrandScore may preserve historical results using the methodology applicable when an Analysis occurred rather than retrospectively recalculating past results under a later methodology.

    Where reasonably practicable, material methodology changes may be reflected in Platform documentation, methodology information or report context.

    23. Public Reports & External Use of BrandScore Findings

    BrandScore, Benchmarcx and affiliated products may publish Recommendation Intelligence Reports, Industry Reports, Market Intelligence Reports, Candidate Priority Reports, Talent Market Reports and related publications.

    Such reports reflect observations of AI recommendation behaviour, recommendation patterns, visibility signals and BrandScore methodologies at a specific point in time. They are not rankings of employer quality, workplace culture, employee experience, candidate experience, employer reputation, organisational performance or workforce outcomes.

    Customers may use their BrandScore reports internally and may externally communicate findings for legitimate business purposes, subject to these Terms.

    Customers must not present a BrandScore score, comparison, classification, badge, result or finding as an independent certification, award, audited fact, endorsement or guarantee by Benchmarcx unless Benchmarcx has expressly authorised that representation in writing.

    Customers remain responsible for the accuracy, context and legality of any public statement they make using BrandScore findings, particularly statements concerning competitors or third parties.

    24. Intellectual Property

    24.1 Our Intellectual Property

    BrandScore, TalentXP, the AI Recruiter Toolkit, their technology, prompts, methodologies, scoring frameworks, design, code, models and associated intellectual property are owned by Benchmarcx or its licensors and protected by applicable intellectual property laws.

    Proprietary analytical concepts including AI answer presence, recommendation confidence, recommendation density, AI visibility gap, reinforcement density, reinforcement intelligence, employer competitive intelligence, validation page and equivalent terminology used in the Platform are licensed to you for internal use of the Service only and may not be reproduced, redistributed, repackaged or used to develop a competing product.

    24.2 Your Data & Reports

    You retain ownership of source data you submit and of reports generated specifically for your organisation, subject to Benchmarcx intellectual property in the underlying Platform, methodologies, templates and analytical frameworks. You grant Benchmarcx a licence to use submitted data and resulting outputs in anonymised, aggregated form for benchmarking, methodology improvement and reinforcement intelligence.

    24.3 Feedback

    Feedback you provide may be used to improve the Service without compensation or attribution.

    25. Confidentiality & Enterprise Data Protection

    Each party will treat the other party's non-public information as confidential and use it only for purposes connected with the Service.

    Customer data and TalentXP Data are stored using security controls including encrypted databases, row-level security and role-based access controls where applicable to the relevant system.

    AI processing is configured to prevent retention or training by third-party AI providers where supported by the applicable provider and service configuration.

    Benchmark and reinforcement intelligence derived from customer or TalentXP Data is presented only in anonymised, aggregated form where it is used across customers. No individual candidate or employee is intended to be identifiable through those outputs.

    Benchmarcx retains the right to use anonymised, aggregated intelligence to operate, improve and commercialise the Platform, including benchmarks, market reports and methodology development.

    You are responsible for ensuring you have the right to submit any data you upload to the Platform.

    26. Service Availability & "As Is" Disclaimer

    The Service is provided on an "AS IS" and "AS AVAILABLE" basis. To the maximum extent permitted by law, Benchmarcx disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, accuracy, non-infringement, uninterrupted operation and any warranty that AI Outputs will be accurate, complete, current or produce any specific result.

    27. Limitation of Liability

    To the maximum extent permitted by law, Benchmarcx, its affiliates, officers, employees, contractors and licensors shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, revenue, goodwill, opportunity, reputation, data or business, arising out of or connected with your use of or inability to use the Service; AI Outputs, Generated Content, evidence classifications, narrative summaries, sentiment interpretations, competitor analyses, answer presence scores, reinforcement signals, optimisation suggestions or benchmark comparisons; decisions made in reliance on the Platform; changes in AI Engine behaviour, third-party data sources or external platforms; or inaccuracies, omissions, hallucinations, bias or model interpretation variance.

    AI Outputs and Generated Content are informational and analytical only. Customers are responsible for reviewing and validating outputs before relying on them or making them public.

    Benchmarcx's total aggregate liability arising out of or relating to these Terms or the Service shall not exceed the fees actually paid by you to Benchmarcx for the Service in the twelve (12) months preceding the event giving rise to the claim.

    Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

    28. Indemnification

    You agree to indemnify, defend and hold harmless Benchmarcx, its affiliates, and their respective officers, directors, employees and agents from third-party claims, liabilities, damages, losses and expenses arising from: your violation of these Terms; your use, publication or distribution of AI Outputs or Generated Content; decisions you make in reliance on the Platform; your violation of any law or third-party right; or content or data you provide to the Service.

    29. Modifications to Terms

    We may modify these Terms from time to time. Material changes will be communicated via email, in-Service notice or another reasonable method before taking effect. Continued use of BrandScore after the effective date constitutes acceptance of the modified Terms, subject to any rights that cannot lawfully be excluded.

    30. Termination

    You may terminate your Account subject to any minimum contract term and payment obligations in an applicable Order Form or Proposal.

    We may suspend or terminate access immediately for material breach of these Terms, fraudulent or abusive behaviour, non-payment, or material risk to Platform security.

    Provisions that by their nature should survive termination, including intellectual property, confidentiality, AI and recommendation disclaimers, limitation of liability, payment obligations and indemnification, remain in effect.

    31. Governing Law & Dispute Resolution

    These Terms are governed by the laws of Queensland, Australia, without regard to conflict-of-law principles. The parties will first attempt to resolve disputes through good-faith negotiation and, where appropriate, mediation. If a dispute is not resolved, it may be brought before the courts of Queensland, Australia, subject to any mandatory legal rights or jurisdiction that applies.

    32. General Provisions

    These Terms, together with the applicable Order Form or Proposal, Pricing page where relevant, and Privacy Policy, constitute the agreement between you and Benchmarcx regarding the Service.

    If any provision is unenforceable, the remainder remains in effect. Failure to enforce a provision is not a waiver.

    You may not assign these Terms without our written consent. We may assign them as part of a corporate restructure, sale, transfer of business or otherwise where permitted by law.

    We are not liable for delays or failures caused by events beyond our reasonable control, including internet outages, AI Engine outages, third-party service failures, government action, natural disasters, war, pandemics or similar events.

    33. Contact Information

    Company: Talentrich PTY Ltd ATF TR Trust

    Service: BrandScore (a Benchmarcx platform)

    Email: support@benchmarcx.io

    Website: www.benchmarcx.io

    Support: In-app chat support available