Benchyard Terms of Service

Version: 0.2 | Last updated: October 10, 2026

These Terms of Service govern your use of Benchyard ("Benchyard," "we," "us," or "our"). You accept these Terms by affirmatively agreeing to them when creating an account or accepting an order that incorporates them. If you act for an organization, you represent that you have authority to bind it; references to "you" then include that organization and its authorized users as the context requires.

1. The service and these documents

Benchyard provides persistent development workspaces and tools for running and supervising coding agents, managing files and terminals, reviewing changes, connecting services, and continuing work across devices. Workspaces may run on infrastructure we operate or, where offered, on a machine you connect. Features depend on your account, deployment, backend, and applicable order. Benchyard does not itself supply every model, coding agent, or service you connect.

These Terms cover our hosted application, website, client tools, and related services (the "Service"). A separately licensed self-hosted installation is governed by its applicable software license and service agreement; these Terms do not replace that license. The privacy notice of that installation's operator governs its own data processing.

The Acceptable Use Policy and AI and Third Party Services Terms form part of these Terms. The Billing and Refund Policy applies when you purchase paid services. Our Privacy Policy and Cookie Policy explain data practices; acknowledging a privacy notice is not blanket consent to optional processing.

An executed enterprise agreement prevails over these Terms where it expressly addresses the same matter. An accepted order controls its commercial particulars. A validly incorporated Data Processing Addendum ("DPA") controls conflicting personal-data processing provisions, and applicable mandatory transfer clauses control over all other documents. A feature-specific term controls only the feature it addresses. No document limits rights that applicable law makes non-waivable.

2. Eligibility and accounts

You must be at least 18 and legally able to enter this agreement. You must provide accurate registration information, keep it current, and use the Service only where we make it available and applicable law permits it. You must also meet the age, location, account, and other requirements of connected providers.

Keep your account credentials secure, use available security controls, and notify us promptly of suspected unauthorized access at hello@benchyard.com. Do not share a personal Benchyard login. Each authorized user needs their own account. You are responsible for activity you authorize and for reasonably securing access under your control; this does not make you responsible for a security failure attributable to us.

An invitation, trial, or promotional allowance provides only the access described in its offer. It does not promise permanent free access, future features, unlimited compute, or access to a third-party subscription.

3. Organizations and teams

An organization must have authority to submit its data and to authorize its users and integrations. It is responsible for notices and permissions required for its staff, contractors, and other individuals whose data it processes.

A team administrator can manage membership, shared rules, skills, tools, provider credentials, and available team settings. Team administrators can view workspace names, ownership, and team usage information available in the product. A team administrator role alone does not give access to another member's workspace contents or permission to open, start, or stop that workspace. Shared tools or instructions can nevertheless affect work performed by agents within the permissions you allow.

Installation operators have different privileges and may technically access data stored in the installation. Operational access by Benchyard personnel is governed by the confidentiality and privacy provisions below. Joining a team does not automatically transfer ownership of your intellectual property. Your separate employment, contractor, or customer agreements may determine who owns work you create.

Removing membership, disabling an account, deleting a team, or withdrawing a managed credential can interrupt access and execution. Keep appropriate copies and arrange access before planned changes.

4. Instructions and automated execution

You authorize the Service to carry out the instructions you submit through agents, terminals, schedules, connected tools, and enabled settings, within their configured scope. This may involve reading and modifying files, running commands, installing dependencies, making network requests, using credentials, and interacting with third-party accounts. Starting a schedule or enabling a more permissive mode can authorize later execution without your presence.

Closing a browser, locking a phone, or disconnecting a device does not necessarily stop a workspace, task, schedule, or resource charge. Stop the relevant activity explicitly and check its state. Stopping one agent does not necessarily stop all background processes or actions already accepted by another service.

Approval behavior differs between agents. For example, some agents apply file edits without a separate confirmation. An approval prompt is not a guarantee that all consequential actions will be intercepted. Review the actual permissions, scope, and agent behavior before enabling access. Use limited credentials and independent controls for production changes, payments, publication, or other consequential actions.

You must have authority over systems you direct the Service to access. You remain responsible for deciding whether to deploy, distribute, or rely on work performed for you. This allocation does not exclude our responsibility for our own breach, negligence, or other liability that cannot lawfully be excluded.

5. Your content and outputs

"Customer Content" includes code, repositories, files, prompts, messages, attachments, instructions, credentials, configurations, execution records, and outputs that you or your authorized users provide to, create in, or receive through the Service.

You retain your rights in Customer Content. To the extent we acquire transferable rights in outputs generated for you through the Service, we assign those rights to you. This assignment covers only rights we actually hold. Third-party provider terms, software licenses, and other persons' rights may apply. Outputs may resemble other outputs and may not qualify for intellectual-property protection.

You give us a limited, non-exclusive permission to host, copy, transmit, process, display, and modify Customer Content only as reasonably necessary to carry out your instructions, provide and secure the Service, troubleshoot problems, meet legal obligations, and enforce these Terms proportionately. We may authorize service providers to perform those functions subject to appropriate restrictions. This permission ends when the relevant processing ends, except for permitted retention and legally required processing.

Benchyard does not use Customer Content to train or fine-tune general-purpose AI models. A connected provider's use of data is governed separately by your applicable provider agreement and settings. A future optional training program would require a distinct, informed opt-in and would not retroactively authorize use of existing Customer Content.

You must have the rights and lawful authority needed to submit Customer Content and issue instructions. Do not submit regulated health records, payment-card authentication data, classified information, or other data requiring special contractual or technical safeguards unless we have expressly agreed in writing to support that use. Ordinary source code and business information are not prohibited merely because they are confidential.

6. Confidentiality and access

We treat non-public Customer Content as confidential. We will restrict its use to the purposes permitted by these Terms and, where applicable, the DPA, and restrict personnel access to people who need it for those purposes and are subject to confidentiality duties. We will exercise reasonable care to protect it.

Confidentiality does not apply to information that becomes public without a breach, was lawfully known without restriction, is lawfully received without restriction, or is independently developed without use of confidential information. Personal-data protections continue to apply where required despite these exceptions.

We may disclose information when legally required, limiting disclosure to what is required and notifying you when legally permitted. A lawful transaction involving our business may involve confidential due diligence and transfer under continuing safeguards, as explained in the Privacy Policy.

Benchyard is not end-to-end encrypted against its operator. Server-side systems can process session content and decrypt credentials and certain stored objects. Workspace disk and snapshot encryption depend on the deployed infrastructure. No feature is a promise that an agent cannot disclose information it can access.

7. Third-party services

You may connect supported agents, model providers, repositories, MCP servers, plugins, package registries, and other services. Their availability does not mean their use is authorized for every account, territory, or purpose. You must hold the required provider permissions and comply with applicable provider terms. We do not grant rights to resell a provider account, pool personal subscriptions, circumvent geographic or usage restrictions, or expose credentials to unauthorized people.

We may limit or remove an integration where authorization is absent, a provider changes its service, or continued operation would create a legal or security problem. We remain responsible for providers we engage to process data on our behalf to the extent stated in the DPA and applicable law. Customer-selected services operating under your own agreement are addressed separately in the AI and Third Party Services Terms.

8. Fees and resource use

An order or checkout must disclose the applicable currency, price, billing unit, taxes, and purchase terms before you agree to pay. You authorize only charges described in your accepted purchase and authorized usage. Credits, storage charges, network charges, and provider fees are distinct; a Benchyard payment does not automatically include model-provider charges.

Resources can continue consuming credits while idle or stopped if the disclosed rate covers retained storage, snapshots, or another continuing allocation. The Billing and Refund Policy explains metering, depleted balances, cancellation, and refunds. No subscription, automatic renewal, or automatic top-up is created merely by accepting these Terms.

9. Reliability and data preservation

Persistent storage is not an uninterrupted-operation guarantee or a substitute for your own backups. Updates, failures, exhausted limits, credential expiry, suspension, and provider changes can interrupt work. Snapshot availability and recovery vary by backend. We do not promise that stopping and restarting a workspace will preserve process memory.

You can use available file, Git, SSH, and export functions to keep copies of your work. Keep an independent copy before deleting resources or making destructive changes. These precautions do not waive any remedy for a breach of our obligations. A service-level agreement applies only if expressly included in an executed order or agreement.

Beta or preview features are identified as such and may change or end. Their limitations will be described when offered. Nothing in a roadmap is a commitment to deliver a feature by a particular date.

10. Suspension and termination

You may stop using the Service and request account closure at hello@benchyard.com. Stopping use alone does not remove stored resources, cancel an accepted paid commitment, or revoke third-party credentials. Follow the relevant resource and billing controls or ask support for assistance.

We may proportionately restrict access for a material breach, overdue undisputed charges, a credible security or abuse risk, a provider restriction, or a legal requirement. Where practicable, we will explain the reason and give you a reasonable opportunity to resolve it. Immediate action may be necessary to prevent harm or comply with law. You may request review at hello@benchyard.com.

For ordinary discontinuation of a paid service, we will give at least 30 days' advance notice and a reasonable export opportunity, unless law or an urgent security issue prevents it. Refunds are governed by the Billing and Refund Policy and mandatory law. Content subject to an applicable DPA will be returned or deleted under that DPA. Other account data is handled as described in the Privacy Policy. Termination does not retroactively authorize additional uses of your data.

11. Intellectual property and feedback

We and our licensors retain rights in the Service, its branding, and our software. Subject to these Terms, you receive a limited right to use the Service for its intended purposes. Open-source components remain governed by their own licenses. We do not prohibit interoperability, security research, or reverse engineering to the extent applicable law or a relevant license permits them.

You may give product suggestions voluntarily. We may use those suggestions without payment or attribution. This permission does not give us ownership of accompanying source code, screenshots, personal data, or confidential materials, or permission to train models on them. Report suspected infringement under our Copyright and Complaints Policy.

12. Warranties and responsibility

We will provide the Service with reasonable care and skill. AI outputs and actions can be inaccurate, insecure, incomplete, or unsuitable. Review and test them before relying on them. The Service is not a substitute for professional judgment in legal, medical, financial, or safety-critical decisions.

Except for express commitments in this agreement and non-excludable legal guarantees, the Service and third-party outputs are supplied on an "as available" basis. We do not warrant that every output is correct, unique, non-infringing, or fit for a particular use, or that operation will be uninterrupted. Any disclaimer applies only to the extent permitted by applicable law.

13. Liability

For business customers, to the extent permitted by law, neither party is liable for indirect or consequential loss, or lost profits or business opportunities, arising from this agreement. Each party's aggregate liability arising from this agreement is limited to the greater of fees paid or payable to Benchyard for the affected Service in the preceding 12 months and USD 100.

These exclusions and limits do not apply to fraud, deliberate misconduct, death or personal injury caused by negligence, a party's infringement or misappropriation of the other's intellectual property, payment obligations for authorized services, or liability that cannot be limited by law. They do not restrict an individual's statutory data-protection compensation rights, a regulator's powers, or rights under mandatory transfer clauses. An executed enterprise agreement may provide different limits, including for confidentiality and security breaches.

For consumers, the business-customer limit above does not apply. We are responsible for loss that is a reasonably foreseeable result of our breach or failure to use reasonable care and skill, subject to applicable law. We do not exclude mandatory guarantees, statutory remedies, or other non-waivable consumer rights.

14. Business customer third-party claims

If you are a business customer, you will defend us against a third-party claim arising from your knowing unlawful use of the Service or Customer Content you supplied without required rights, and pay damages finally awarded or included in a settlement you approve. This obligation does not extend to the extent a claim results from our breach, negligence, unlawful conduct, or unauthorized modification of your content.

We will notify you promptly, provide reasonable cooperation at your expense, and allow you to control the defense with competent counsel. A settlement cannot impose an admission or non-monetary obligation on us without our consent, not to be unreasonably withheld. This section does not apply to consumers and remains subject to Section 13.

15. Governing law and disputes

Unless a separately accepted agreement lawfully specifies otherwise, applicable conflict-of-laws rules determine the governing law, and proceedings may be brought before a court with competent jurisdiction. These Terms do not select an exclusive forum.

Contact hello@benchyard.com to seek an informal resolution. Neither party must delay urgent relief, a regulatory complaint, or a filing needed to preserve legal rights. No mandatory arbitration or class-action waiver is imposed by these Terms. Consumers retain mandatory protections and any right to bring proceedings in their place of residence.

16. Changes and general provisions

We will give at least 30 days' notice of materially adverse contractual changes, except where a shorter period is reasonably necessary for legal, security, or abuse-prevention reasons. Changes apply prospectively. We will obtain new assent where required by law. If you do not accept a material change, you may end the affected Service before it takes effect, with any required refund under the Billing and Refund Policy.

Neither party may transfer this agreement in a way that reduces the other's rights without consent, except that we may transfer it with a merger, reorganization, or sale of the relevant business if the successor assumes our obligations and we notify you. If a provision is unenforceable, the remaining provisions continue to the extent lawful. A failure to enforce a provision is not a waiver. Rights concerning ownership, accrued fees, confidentiality, lawful retention, liability, and disputes survive to the extent their purpose requires.

Contact: hello@benchyard.com. Use the subject "Legal notice" for contractual notices or "Privacy request" for personal-data requests.