Terms of Service

Last updated: April 22, 2026 · Effective: April 22, 2026

These Terms of Service (“Terms”) are a binding agreement between you (“you” or “Customer”) and Benchwright LLC, a Delaware limited liability company (“Benchwright,” “we,” “us,” or “our”), governing your access to and use of benchwright.ai and the related services, software, dashboards, and APIs we operate (together, the “Service”).

By creating an account, clicking “I agree,” or using the Service, you agree to these Terms, our Privacy Policy, and our Acceptable Use Policy. If you do not agree, do not use the Service.

Please read sections 13 (Disclaimers), 14 (Limitation of Liability), 15 (Indemnification), and 17 (Arbitration and Class Waiver) carefully. They limit our liability to you and require that most disputes be resolved by individual arbitration rather than in court.

1. Acceptance & changes

By accessing or using the Service, you represent that you have read and accept these Terms and have the authority to enter into them on your own behalf or on behalf of the entity you represent. We may update these Terms from time to time. If we make material changes we will give reasonable advance notice (for example, by email or in-product) before they take effect. Your continued use of the Service after the effective date of any updated Terms means you accept those updates.

2. Eligibility

You must be at least 18 years old to use the Service. You must have the legal capacity to enter into these Terms. You may not use the Service if you are barred from doing so under applicable U.S. law (including U.S. export controls or sanctions lists) or the laws of any other jurisdiction that applies to you.

3. Account & security

To use the Service you must create an account. You agree to provide accurate information and to keep it current. You are responsible for all activity that occurs under your account and for maintaining the confidentiality of your password, API keys, and other credentials. You must notify us promptly at legal@benchwright.ai if you suspect unauthorized access. One person or legal entity per account; you may not share account credentials with third parties outside your organization.

4. The Service

The Service allows you to describe AI benchmarks, run those benchmarks against language models and AI systems you select, and review the resulting traces, events, metrics, and reports. The Service orchestrates autonomous agents that write task harnesses, execute code in isolated sandboxes, and produce scored outputs.

Features and limits of the Service may change over time. We will use commercially reasonable efforts to keep the Service available but do not guarantee uninterrupted operation; see Section 13 (Disclaimers).

5. Fees, credits & billing

5.1 Prepaid credits

The Service is sold on a prepaid, pay-as-you-go basis. You purchase credits (a U.S. dollar balance) by top-up, and we debit that balance in real time as your benchmark runs consume resources (LLM tokens, sandbox compute, and other costs we surface in the dashboard). We may change posted prices with reasonable advance notice; pricing changes apply to usage on or after the effective date.

5.2 Payment processing

Payments are processed by Stripe. By providing payment details you authorize us (through Stripe) to charge the amount you approve for a top-up. Taxes, if any, are your responsibility unless we state otherwise.

5.3 Auto-refill and caps

If you enable auto-refill, you authorize us to charge your payment method for additional credits up to your configured threshold. You are responsible for monitoring your monthly spending cap and auto-refill settings; changes take effect on your next run or top-up.

5.4 Failed or errored runs

Benchmark runs incur real infrastructure cost regardless of outcome. Credits consumed by a run that fails, errors, or is halted (including halts triggered by a low account balance or by you) are not automatically refunded. If you believe a run failed because of a defect in the Service itself (and not because of your inputs or a third-party model provider), contact legal@benchwright.ai and we will review the trace in good faith.

5.5 Refunds

Credits are non-refundable except (a) as required by applicable law or (b) pro-rata refund of any unused balance on written request within 30 days of account closure. Refunds are issued to the original payment method.

5.6 Disputes

If you believe you have been billed incorrectly, contact us within 60 days of the charge so we can investigate. Undisputed amounts remain due.

6. Your content

“Customer Content” means the benchmark descriptions, datasets, configurations, prompts, stored credentials, and other material you submit to the Service. You retain all rights in Customer Content. You grant Benchwright a worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, execute, and process Customer Content solely as necessary to provide, maintain, secure, and improve the Service for you, to bill you for usage, and to comply with law.

You are solely responsible for Customer Content, including its accuracy, legality, and your right to submit it. Benchmark runs may generate additional outputs, including model responses, metric scores, and trace events (“Run Outputs”). As between you and Benchwright, you own Run Outputs; you grant us the license described in this Section to operate the Service and to reproduce Run Outputs for you in your dashboard.

No training on your private content. We do not use Customer Content, Run Outputs, or stored credentials to train any model. See the Privacy Policy for detail on what, if anything, we may use for model training.

7. Your credentials & third-party services

The Service lets you store credentials for third-party services (for example, LLM provider API keys, webhooks). You represent that you have the right to supply and use those credentials for the purposes you direct through the Service. You are responsible for all charges and other consequences incurred with those third-party services as a result of your use of the Service, including charges billed by LLM providers for tokens we relay on your behalf.

Third-party services accessed through the Service are governed by their own terms and privacy policies. Benchwright is not responsible for the availability, accuracy, content, or practices of third-party services.

8. Acceptable use

Your use of the Service must comply with our Acceptable Use Policy, which is incorporated into these Terms by reference. Violations may result in suspension or termination under Section 12.

9. Our intellectual property

Except for Customer Content and Run Outputs, the Service and all software, designs, documentation, trade dress, and branding associated with it are owned by Benchwright or its licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service subject to these Terms. You may not copy, modify, reverse-engineer, create derivative works from, or redistribute any part of the Service except as expressly permitted in writing.

10. Feedback

If you send us feedback, ideas, or suggestions about the Service, you grant Benchwright a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction. You do not have to provide feedback.

11. Confidentiality

Each party may learn information about the other that is marked confidential or that a reasonable person would understand to be confidential (“Confidential Information”). Each party agrees to protect the other’s Confidential Information with the same care it uses for its own (and in any event no less than reasonable care), and to use it only to perform under these Terms. This does not apply to information that is or becomes public through no fault of the receiving party, was already known to the receiving party, is independently developed without use of the other party’s Confidential Information, or is required to be disclosed by law.

12. Suspension & termination

You may stop using the Service and close your account at any time from your account settings or by emailing legal@benchwright.ai. We may suspend or terminate your access to the Service, with or without notice, if (a) you violate these Terms or the Acceptable Use Policy, (b) your account presents a security or legal risk to us or others, (c) we are required to do so by law, or (d) you have an outstanding unpaid balance. We will refund any prepaid, unused balance as described in Section 5.5, except where we terminate for cause.

Sections 5 (for amounts owed), 6, 9, 10, 11, 13–18 survive termination.

13. Disclaimers

The Service is provided “as is” and “as available.” To the maximum extent permitted by law, Benchwright disclaims all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising out of course of dealing or usage of trade. Benchwright does not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components, or that Run Outputs or model responses will be accurate, complete, or suitable for any particular purpose. You are solely responsible for evaluating the appropriateness and accuracy of Run Outputs for your use case.

14. Limitation of liability

To the maximum extent permitted by law, in no event will Benchwright or its officers, directors, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business, goodwill, data, or other intangible losses, arising out of or related to these Terms or the Service, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, even if Benchwright has been advised of the possibility of such damages.

In no event will Benchwright’s total aggregate liability arising out of or related to these Terms or the Service exceed the greater of (a) the amounts you paid to Benchwright in the twelve months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US $100).

Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions the foregoing limitations apply to the maximum extent permitted by law.

15. Indemnification

You will defend, indemnify, and hold harmless Benchwright and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your Customer Content, (b) your use of the Service in violation of these Terms or the Acceptable Use Policy, (c) your violation of any law or the rights of a third party, or (d) your use of third-party services through the Service. We will promptly notify you of any claim and may, at our option, assume the exclusive defense and control of any matter subject to indemnification.

16. Governing law

These Terms and any dispute arising out of or related to these Terms or the Service are governed by the laws of the State of Delaware, without regard to its conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to Section 17, the state and federal courts located in Wilmington, Delaware have exclusive jurisdiction over any dispute not subject to arbitration, and the parties consent to personal jurisdiction and venue there.

17. Arbitration & class waiver

Please read this Section carefully. It requires arbitration of most disputes on an individual basis and limits your ability to bring a class action. You have the right to opt out within 30 days of first accepting these Terms.

You and Benchwright agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (a “Dispute”) will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (or, for business customers, its Commercial Arbitration Rules). The arbitration will take place in Wilmington, Delaware, or another location both parties agree to, or by video conference if the amount in controversy is under US $25,000. The arbitrator’s decision will be final and binding. Judgment on the award may be entered in any court having jurisdiction.

Class waiver. You and Benchwright agree that Disputes must be brought on an individual basis only, and not as a plaintiff or class member in any purported class, consolidated, or representative action. The arbitrator may not consolidate more than one person’s claims.

Exceptions. Either party may bring an action in small claims court for Disputes or claims within the scope of that court’s jurisdiction, and either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement or misappropriation of intellectual property or Confidential Information.

Opt-out. You may opt out of this arbitration agreement by emailing legal@benchwright.ai with the subject line “Arbitration Opt-Out” within 30 days of first accepting these Terms. Include your full name and the email on your account. Opting out does not affect the other terms of this Agreement.

18. Miscellaneous

Entire agreement. These Terms, together with the Privacy Policy and the Acceptable Use Policy, are the entire agreement between you and Benchwright regarding the Service and supersede any prior agreements.
No waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.
Severability. If any provision is held unenforceable, the remainder remains in effect.
Assignment. You may not assign these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
Force majeure. Neither party is liable for failure or delay in performance (other than payment) caused by events beyond its reasonable control.
Notices. We may send you notices by email to the address on your account or by in-product notice. Notices to us should be sent to legal@benchwright.ai with a copy by mail to the address below.
Independent contractors. The parties are independent contractors; these Terms do not create an agency, partnership, or joint venture.
U.S. government users. The Service is “commercial computer software” and “commercial computer software documentation” per FAR 12.212 and DFARS 227.7202.
Export. You will comply with all applicable export and sanctions laws, and you represent that you are not located in an embargoed country or on a denied-persons list.

19. Contact

Benchwright LLC
Attn: Legal
2810 N Church St, PMB 507205
Wilmington, Delaware 19802-4447
United States
legal@benchwright.ai