Terms of Service

Last updated: April 10, 2026

These Terms of Service (“Terms”) govern your access to and use of BreachBench (“Platform”, “we”, “us”, or “our”), a B2B marketplace connecting organizations seeking cybersecurity services (“Customers”) with qualified cybersecurity providers (“Providers”) and channel partners (“Channel Partners”). By creating an account or using the Platform, you agree to be bound by these Terms.

Mutual Confidentiality Agreement

1. Scope of Confidential Information

All information exchanged through the Platform constitutes Confidential Information, including but not limited to: service requests, questionnaire responses, quotes, proposals, pricing, messages between parties, technical specifications, security assessments, compliance status, organizational details, and any other data shared in connection with an engagement.

2. Mutual Obligations

Both Customers and Providers agree not to disclose, publish, or disseminate Confidential Information received through the Platform to any third party outside the scope of the engagement. Each party shall protect Confidential Information with the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care.

3. Duration

Confidentiality obligations survive for three (3) years after the conclusion of the engagement between parties, regardless of whether the engagement results in a contract or the parties cease using the Platform.

4. Exclusions

Confidential Information does not include information that:

  • Is or becomes publicly available through no fault of the receiving party
  • Was already known to the receiving party without restriction prior to disclosure
  • Is independently developed by the receiving party without use of Confidential Information
  • Is disclosed pursuant to a requirement of law, regulation, or court order, provided the disclosing party is given prompt written notice and reasonable assistance to contest such disclosure

5. Platform Role

BreachBench acts as a conduit facilitating the exchange of information between Customers and Providers. The Platform is not a party to the confidentiality agreement between Customers and Providers. BreachBench maintains its own privacy and data protection obligations as described in our Privacy Policy.

Account Responsibilities

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must provide accurate and complete information during registration and keep your account information current. You agree to notify BreachBench immediately of any unauthorized use of your account.

Acceptable Use

You agree not to:

  • Use the Platform for any unlawful purpose or in violation of any applicable laws
  • Submit false, misleading, or fraudulent information in requests or provider profiles
  • Attempt to circumvent the Platform to avoid applicable fees
  • Scrape, harvest, or collect information about other users without consent
  • Interfere with the security or integrity of the Platform
  • Use information obtained through the Platform to compete with BreachBench
  • Impersonate any person or entity or misrepresent your affiliation

Payment Terms

Provider Fees

Providers pay a 15% platform fee on all engagements facilitated through BreachBench. This fee is calculated on the total contract value and is invoiced upon engagement confirmation. Providers are responsible for remitting fees within 30 days of invoice.

Channel Partner Pricing

Channel Partners receive preferential pricing as outlined in their individual partnership agreements. Channel Partner pricing applies to subcontracted engagements sourced through the Platform and is subject to the terms of the applicable partnership tier.

Customer Pricing

Customers use the Platform free of charge. Pricing for services is determined by individual Providers and communicated through quotes on the Platform. BreachBench does not set or control Provider pricing.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BREACHBENCH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF DATA, OR LOSS OF BUSINESS OPPORTUNITIES.

BreachBench's total aggregate liability for any claims arising under these Terms shall not exceed the greater of (a) the fees paid by you to BreachBench in the twelve (12) months preceding the claim, or (b) one hundred dollars ($100).

BreachBench does not guarantee the quality, accuracy, or completeness of services provided by Providers. The Platform facilitates connections but does not endorse, warrant, or assume responsibility for the performance of any Provider.

Dispute Resolution

Any dispute arising out of or relating to these Terms or the use of the Platform shall first be submitted to good-faith negotiation between the parties for a period of thirty (30) days.

If the dispute is not resolved through negotiation, it shall be submitted to binding arbitration administered by a mutually agreed-upon arbitration service, conducted in the English language, with the seat of arbitration in the State of Delaware, United States.

Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction for matters relating to intellectual property rights or breach of confidentiality obligations.

Termination

You may terminate your account at any time by contacting us. BreachBench may suspend or terminate your access to the Platform at any time, with or without cause, and with or without notice.

Upon termination: (a) your right to use the Platform ceases immediately; (b) any pending engagements will be handled according to the terms agreed upon between Customer and Provider; (c) confidentiality obligations survive as specified in the Mutual Confidentiality Agreement; (d) any outstanding fees remain due and payable.

Sections relating to Confidentiality, Limitation of Liability, Dispute Resolution, and any other provisions that by their nature should survive termination shall survive.

Modifications

BreachBench reserves the right to modify these Terms at any time. Material changes will be communicated via email or a prominent notice on the Platform. Continued use of the Platform after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Platform and terminate your account.

Contact

For questions about these Terms, please contact us at [email protected].