Last Updated: February 06, 2026
These Terms of Service (“Terms”) govern your access to and use of the website located at https://www.performbench.com (the “Site”) and the AI-powered name generation services provided through the Site (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service.
Eligibility
You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms. The Service is intended for users worldwide, but certain features may be restricted based on your location due to local laws.
Description of the Service
PerformBench provides an AI-driven platform that generates creative and customized name suggestions for businesses, products, projects, and other purposes. Users input parameters such as keywords, industry, tone, and length preferences, and the Service outputs lists of potential names. All generations are powered by advanced machine learning models trained on vast datasets of linguistic patterns and branding trends.
- The Service operates on a freemium model, with basic generations available at no cost and premium features requiring subscription.
- Generated names are provided “as is” for inspirational and exploratory purposes.
- Users retain full rights to any names they select and implement, subject to the intellectual property provisions below.
User Accounts and Subscriptions
To access premium features, you must create an account by providing accurate information. You are responsible for maintaining the confidentiality of your account credentials and for all activities occurring under your account.
Subscriptions are billed on a recurring basis via third-party payment processors. You authorize PerformBench to charge your selected payment method for all fees and applicable taxes. Subscriptions auto-renew unless canceled at least 24 hours before the renewal date through your account settings.
- Refunds are not provided except as required by law or at PerformBench’s discretion.
- PerformBench reserves the right to modify subscription prices with 30 days’ notice via email or on the Site.
- Free tiers may include usage limits, such as a maximum number of generations per day.
User Content and Generated Names
You may submit inputs (“Inputs”) to the Service, such as keywords or descriptions, to generate names (“Outputs”). Inputs and Outputs are collectively “User Content.”
PerformBench does not claim ownership of User Content. You grant PerformBench a worldwide, non-exclusive, royalty-free license to use, reproduce, and process your Inputs solely to provide and improve the Service. This includes aggregating anonymized data for model training.
Names generated by the Service are for your personal or commercial use. However, you must independently verify that any selected name does not infringe existing trademarks, copyrights, or other rights. PerformBench provides no warranties regarding the availability, uniqueness, or registrability of generated names. You bear sole responsibility for conducting trademark searches and clearances through official databases or legal counsel.
Intellectual Property Rights
The Service, including its AI models, algorithms, design, and underlying technology, is owned by PerformBench or its licensors and protected by copyright, trademark, and other laws. You receive no ownership interest in the Service.
Trademarks such as “PerformBench” are proprietary. You may not use them without prior written permission, except as expressly allowed under these Terms.
Any feedback or suggestions you provide regarding the Service becomes PerformBench property without compensation.
Prohibited Conduct
You agree not to engage in any of the following:
- Using the Service to generate content that violates laws, promotes harm, or infringes third-party rights.
- Attempting to reverse engineer, decompile, or scrape the Service.
- Using automated tools to access the Service beyond reasonable personal use.
- Impersonating others or providing false information.
- Distributing viruses, spam, or other malicious code.
- Overloading or disrupting the Service’s infrastructure.
PerformBench may monitor usage for compliance and reserves the right to suspend or terminate access for violations.
Third-Party Services
The Service may integrate with third-party providers for payments, analytics, or AI infrastructure. Your use of such services is subject to their separate terms. PerformBench is not liable for third-party actions or failures.
Termination
You may stop using the Service at any time. PerformBench may terminate or suspend your access immediately for breach of these Terms, legal requirements, or at its discretion with notice.
Upon termination, your right to use the Service ends. Outstanding fees remain due. Sections intended to survive termination, such as intellectual property, liability limitations, and indemnification, will continue to apply.
Disclaimers
The Service is provided “as is” and “as available” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, or non-infringement. PerformBench does not guarantee that generated names will be unique, available for registration, or suitable for your needs.
AI outputs can contain biases, errors, or unintended suggestions. Always review and validate Outputs before use.
PerformBench disclaims liability for any indirect, incidental, consequential, or punitive damages arising from your use of the Service.
Limitation of Liability
To the fullest extent permitted by law, PerformBench’s total liability shall not exceed the amount you paid for the Service in the 12 months preceding the claim. This applies regardless of the legal theory.
No claim may be brought more than one year after it accrues.
Indemnification
You agree to indemnify and hold harmless PerformBench, its affiliates, officers, directors, employees, and agents from all claims, losses, and expenses (including attorneys’ fees) arising from your use of the Service, violation of these Terms, or infringement of third-party rights by your User Content.
Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws principles. Any disputes shall be resolved exclusively in the state or federal courts located in Delaware.
You waive any right to participate in class actions. PerformBench may seek injunctive relief for breaches involving intellectual property or confidentiality.
Changes to Terms
PerformBench may update these Terms at any time. Continued use of the Service after changes constitutes acceptance. Significant changes will be notified via email or prominent Site notice, effective 30 days after posting unless otherwise stated.
The current version is always available at https://www.performbench.com/terms.
Privacy
Your privacy is important. Please review our Privacy Policy at https://www.performbench.com/privacy for details on data collection, use, and protection.
Miscellaneous
These Terms constitute the entire agreement. No waivers are effective unless in writing. If any provision is invalid, the remainder remains enforceable.
You may not assign these Terms without PerformBench’s consent. PerformBench may assign freely.
Force majeure events excuse non-performance.
For questions, contact us at [email protected].
PerformBench operates under U.S. export control laws. You represent compliance with applicable export regulations.
By using the Service, you acknowledge reading, understanding, and agreeing to these Terms.