Terms of Service

01Accepting these terms

These Terms of Service ("Terms") form a binding agreement between you and Zigzag Technologies, Inc. ("Benchday", "we", "us"), a company incorporated in Canada. By creating an account, installing the Benchday daemon or app, or otherwise using the service, you accept these Terms. If you do not accept them, do not use Benchday.

Our Privacy Policy describes how we handle your data and forms part of this agreement.

If you are using Benchday on behalf of an organisation, you represent that you have authority to bind that organisation, and "you" means both you and that organisation.

02What Benchday is

Benchday lets you see and control coding-agent and terminal (tmux) sessions running on computers you already own or are authorised to use, from a phone, a browser, a desktop app or a command line. It consists of a client, a daemon you install on your machines, and a hub service that connects the two and relays terminal content between them.

What Benchday is not: it is not a hosting provider, not a compute service, and not a backup service. It does not run your code, store your repositories, or supply the coding agents you use. Everything actually executes on your own machines, under your own accounts, against your own files.

03Your account

• You must be at least 16 years old to use Benchday.
• Provide accurate information when you register, and keep it current.
• You are responsible for everything that happens under your account, and for the security of your credentials and devices. Enable your device's screen lock and biometric protection.
• Do not share your account. Register additional devices instead — you can revoke any of them at any time.
• Tell us promptly at contact@zztech.io if you believe your account has been compromised.

04Private testing

Benchday is currently available only to invited testers. During this period the service is under active development. Features may change or be removed, defaults may change, data formats may change, and the service may be unavailable without notice. We do not offer an uptime commitment or a service-level agreement.

05Your machines and your commands

This section matters more than most, because Benchday's whole purpose is to run things on real computers.

• You must be authorised. Only connect machines you own or are permitted to access. If a machine belongs to an employer or a client, make sure connecting it — and relaying its terminal content through our hub — is permitted by whatever rules apply to it.
• Commands are yours. Anything you send through Benchday — keystrokes, commands, file uploads, agent instructions — executes on your machine with your privileges and your consequences. That includes destructive commands. We do not review, filter or sandbox what you send.
• Agent actions are yours too. Coding agents can create, modify and delete files, run shell commands and reach the network. Benchday shows you what they are doing; it does not supervise them, and you remain responsible for their actions on your machines.
• Confidential content is your call. Terminal content relayed through the hub is visible to our systems (see the Privacy Policy). Decide accordingly what you attach to.

06Acceptable use

You agree not to use Benchday to:

• access any computer, network or account you are not authorised to access;
• break the law, infringe someone's rights, or violate an obligation of confidentiality you owe to someone else;
• attack, disrupt, overload or probe the service, or circumvent its authentication, rate limits, plan limits or billing;
• relay, store or distribute malware, or use the service to attack third parties;
• resell or provide the service to others as a hosted product without our written agreement;
• reverse engineer, decompile or extract the source of our proprietary components, except where such a restriction is unenforceable by law or the component is licensed to you under an open-source licence that permits it.

Automated and scripted use through our own CLI and documented interfaces is expected and welcome; use that degrades the service for others is not.

07Plans, pricing and billing

Benchday offers a free tier and paid plans. Current prices, in US dollars, excluding any taxes that apply where you are:

Auto-renewal and cancellation

Paid plans are subscriptions. They renew automatically at the end of each billing period — monthly or yearly, whichever you chose — and your payment method is charged the then-current price for that plan until you cancel. You can cancel at any time through the Stripe billing portal, reachable from the app. Cancelling stops future renewals; your paid features remain available until the end of the period you have already paid for.

Payments

Payments are processed by Stripe. You provide your card details to Stripe directly and we never receive your full card number. You authorise us and Stripe to charge your payment method for the plan you select, including renewals. If a charge fails, we may retry it and may suspend paid features until payment succeeds.

Founding period

During the current founding period, accounts may be granted Plus at no charge. This is a promotional grant, not a permanent entitlement: we may end the founding period on notice, after which continued access to paid features requires a paid subscription.

Refunds and price changes

Subscriptions are billed in advance. Cancelling stops the next renewal; it does not refund the period you have already paid for, and you keep your paid features until that period ends. Except as set out below, or where a refund is required by applicable law, charges are non-refundable and partial periods are not pro-rated.

We will refund you when:

• You were charged in error — a duplicate charge, a charge after you cancelled, or a charge for a plan you did not buy.
• We discontinue the service, or terminate your account other than for breach, part-way through a period you have paid for: we refund the unused part (see section 15).

Beyond that we may still choose to issue a refund as a matter of goodwill — if something went wrong for you, write to contact@zztech.io and tell us what happened. Doing so once does not oblige us to do it again.

If you bought your subscription through the Apple App Store or Google Play, that store handles refunds under its own policy, not this one, and you should ask them.

We may change prices. A change to the price of a plan you are subscribed to takes effect at your next renewal and we will give you notice beforehand, so you can cancel first if you would rather not pay the new price.

Taxes are your responsibility where they apply, and may be collected on our behalf at checkout.

08Your content and our licence

Your content — the terminal output relayed from your machines, the input you send, files you move, conversations with your agents, and anything derived from them — remains yours. We claim no ownership of it.

You grant us a worldwide, non-exclusive, royalty-free licence to host, store, transmit, display and process your content solely to operate and provide the service to you: relaying sessions, generating titles and summaries you asked for, indexing for search, supporting you, and keeping the service secure. This licence exists so the software can function; it ends when the content is deleted, subject to the limits described in the Privacy Policy.

Model training is separate and opt-in. We use your content to train or improve models only if you have turned that consent on. See the Privacy Policy, section 5, including the part explaining that training influence cannot be fully undone.

You are responsible for having the rights to the content you route through Benchday, and for backing up anything you cannot afford to lose. Benchday is not a backup service.

09AI-generated output

Benchday uses AI models to produce session titles, summaries, digests, narration, search results and suggested actions. This output is generated automatically and may be inaccurate, incomplete or misleading. It is not advice of any kind. Verify anything you intend to act on, and never treat a generated summary as a substitute for reading what actually happened in the session.

Where a suggestion can send input to one of your machines, you are confirming the action — see section 5.

10Third-party services and software

Benchday interoperates with software and services we do not control: coding agents such as Claude Code, Codex, OpenCode and Aider; tmux; the model providers and payment processor listed in the Privacy Policy; and the app stores that distribute our clients. Your use of those is governed by their terms, and we are not responsible for them, for their availability, or for what they do with data they receive under their own agreements with you.

Benchday is based in part on MuxPod, used under the Apache License 2.0, with substantial modifications. Benchday is not endorsed by or affiliated with the MuxPod project. Other open-source components are used under their own licences, listed in the app under Settings → Licenses.

11Our intellectual property

Except for your content and for components licensed to you under an open-source licence, the Benchday service, clients, daemon, documentation, name and logo are owned by Zigzag Technologies, Inc. and its licensors. We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use them as the service is intended to be used, for as long as these Terms are in force. No other rights are granted.

If you send us feedback, ideas or bug reports, you grant us an unrestricted right to use them to improve the product, with no obligation to you.

12Disclaimer of warranties

To the maximum extent permitted by law, Benchday is provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory — including any implied warranty of merchantability, fitness for a particular purpose, title, non-infringement, or arising from a course of dealing or usage of trade.

We do not warrant that the service will be uninterrupted, timely, secure or error-free; that terminal content will always be delivered, delivered in order, or delivered without loss; that AI-generated output will be accurate; or that defects will be corrected. This is particularly true during private testing.

We hold no security or compliance certification. Nothing in this agreement or on our website should be read as a claim to SOC 2, ISO 27001, HIPAA or any comparable standard.

Some jurisdictions do not allow certain warranties to be excluded, and where that is the case this section applies only to the extent permitted, and you may have rights under consumer protection law that these Terms do not affect.

13Limitation of liability

To the maximum extent permitted by law, Zigzag Technologies, Inc., its directors, employees and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, goodwill, business, data, files, code or work product, arising out of or related to your use of — or inability to use — Benchday, even if we have been advised such damages are possible.

To the maximum extent permitted by law, our total aggregate liability for all claims arising out of or related to these Terms or the service, in any twelve-month period, will not exceed the greater of (a) the amount you actually paid us for Benchday in the twelve months before the event giving rise to the claim, or (b) fifty US dollars ($50).

These limits apply regardless of the legal theory, and apply even if a limited remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, in which case they apply only to the extent permitted.

14Indemnity

You agree to indemnify and hold harmless Zigzag Technologies, Inc. and its directors and employees from any claim, demand, loss, liability or expense (including reasonable legal fees) arising from your content, your use of the service, your breach of these Terms, your violation of any law or third-party right, or your access to any machine or network you were not authorised to access.

15Suspension and termination

You may stop using Benchday at any time. You can cancel a paid plan through the billing portal, and you can ask us to delete your account by writing to contact@zztech.io. The app also offers "Delete my data", which erases the content we hold while keeping you signed in.

We may suspend or terminate your access if you materially breach these Terms, if your use threatens the security, integrity or availability of the service or of other users, if we are required to by law, or if we discontinue the service. Where circumstances reasonably allow it, we will give you notice and a chance to fix the problem first, and for a discontinuation we will give reasonable advance notice and refund any prepaid fees covering the period after termination.

On termination, your right to use the service ends and we may delete your content in the ordinary course. Sections that by their nature should survive — content licence for content we have already lawfully processed, intellectual property, disclaimers, limitation of liability, indemnity, governing law and general — survive termination.

16Changes to the service and these terms

We are actively developing Benchday and may add, change or remove features at any time. We may also update these Terms. When we do, we will change the "Last updated" date at the top, and for material changes we will give notice in the app or by email before they take effect. Continuing to use Benchday after a change takes effect means you accept the updated Terms; if you do not, stop using the service and cancel any paid plan.

17Governing law and disputes

These Terms, and any dispute arising out of them or out of your use of Benchday, are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in that province, without regard to conflict-of-law rules. You and we submit to the exclusive jurisdiction of the courts located in Ontario, Canada — except that either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

If you are a consumer, nothing here deprives you of the protection of the mandatory consumer-protection laws of the place where you live, or of the right to bring proceedings there where those laws give you that right.

Nothing in this section deprives you of the protection of mandatory consumer-protection rules of the country where you habitually reside, or of your right to bring proceedings there where local law gives you that right.

Before starting formal proceedings, please write to us at contact@zztech.io. Most disputes can be resolved that way, and we would rather fix the problem.

18General

• Entire agreement. These Terms and the Privacy Policy are the whole agreement between you and us about Benchday, and replace any earlier understanding on the subject.
• Severability. If a provision is held unenforceable, it is limited or removed to the minimum extent necessary and the rest stays in force.
• No waiver. Not enforcing a provision on one occasion is not a waiver of it.
• Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition or sale of assets.
• No agency. These Terms create no partnership, agency, employment or joint venture.
• Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.
• Language. The English version of these Terms is the operative one; any translation is provided for convenience.

19Contact us

Questions about these Terms, your plan, or anything else — one address reaches us.