Terms of Service

1. Acceptance of Terms

Welcome to AiBenchLab. By accessing, downloading, installing, or using MARK-17, the AiBenchLab desktop application (the "Software"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and The Molen Company ("AiBenchLab," "we," "us," or "our").

"AiBenchLab" refers to the company and its product family. "MARK-17" is the name of the desktop application governed by these Terms.

If you do not agree to these Terms, do not access, download, install, or use the Software.

By using the Software, you represent that you are at least 18 years old and have the legal capacity to enter into this agreement. If you are using the Software on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Service

MARK-17 is a desktop application for finding the right AI model for a job: describing the work, identifying models worth testing, benchmarking them, comparing the results, and keeping the evidence. It benchmarks both AI models running locally on your own hardware and supported cloud AI models.

The Software is local-first, meaning it runs on your own machine and stores your work there. Local-first does not mean offline-only — see Section 2.1.

2.1 Local-First Architecture

• The Software executes locally on your device. Windows 10 and 11 (64-bit) is the currently supported platform. We make no commitment to support any other operating system.
• You provide your own AI models and API keys to third-party AI services.
• AiBenchLab does not host, proxy, or store your data, API keys, model outputs, or benchmark results.
• Benchmark results and test data are stored on your system, and are not transmitted to AiBenchLab, unless you explicitly choose to export or share them.
• AiBenchLab does not transmit your prompts, test data, or benchmark results to our servers.
• Local-first is not offline-only. License activation, updates, model downloads, and any cloud AI provider you choose to connect require internet access.
• If you deliberately select a supported cloud AI provider, the Software sends the prompts and test inputs required for that operation from your device directly to that provider, under that provider's terms.
• AiBenchLab does not resell, bundle, or provide third-party AI services. Users contract directly with such providers.

2.2 Advisor

"Advisor" means the guided consulting workflow within the Software. Advisor reads and uses benchmark evidence already produced in the Software to help you interpret results and decide what to do about them, and to assemble related consulting output such as discovery reviews, analyses, model plans, cost estimates, proposals, and implementation plans.

Advisor does not itself launch, schedule, or execute benchmark runs. You decide what is tested and when. Advisor produces informational output only and is subject to the "No Professional Advice" notice in Section 12.

Availability of Advisor during the Trial, and its unavailability once the Trial expires, is described in Section 5.

2.3 User Responsibility

You are solely responsible for:

• Providing and managing your own AI model access and API keys.
• Your use of the Software and any third-party services you connect to it.
• Compliance with the terms of service of any third-party AI providers you use with the Software.
• All costs associated with third-party AI services, including API usage fees.
• The security and confidentiality of your API keys and credentials.

3. Account Registration and Information

To purchase and use AiBenchLab, you must provide accurate and complete information, including:

• Company name (if applicable)
• Contact name
• Email address
• Phone number
• Billing address

You are responsible for maintaining accurate account information and for updating it promptly if it changes. You must not provide false or misleading information.

4. License Grant

Subject to your compliance with these Terms and payment of applicable fees, AiBenchLab grants you a limited, non-exclusive, non-transferable license to install and use the Software in accordance with your purchased license class.

4.1 License Classes

The current paid commercial license classes for the Software are Business and Enterprise. The scope, seat count, and price applicable to your license are those set out in the order documentation you receive at the time of purchase.

Unlicensed use is limited to the Trial described in Section 5. After the Trial expires, unlicensed use is limited to read-only access to work already created, as set out in Section 5.2.

4.2 Business License Scope

A Business license authorizes use of the Software both for your own internal purposes and for paid client work. This includes:

• Company teams evaluating AI models for internal deployment decisions.
• Developers benchmarking models for their own projects.
• Testing and comparing models before procurement or integration.
• Consultants and agencies producing benchmark evidence and reports delivered to paying clients.

Enterprise licensing is also available. If you are unsure which license class fits your organization, contact before purchasing and you will be told which applies.

4.3 Seat Definition

One "seat" means one individual user. Each user must have their own license. Sharing of license keys or credentials between multiple users is prohibited and constitutes a material breach of these Terms.

4.4 Perpetual Licensing

Paid licenses are perpetual — you own the version you purchased and it continues to function indefinitely. Paid licenses include 12 months of update coverage from the date of purchase, and update coverage may optionally be renewed after that period. If your update coverage lapses, your licensed copy of the Software continues to work; you simply do not receive new features or updates.

5. Trial Period and Trial Expiry

The Software includes a 14-day trial. The trial period begins on first launch and activation of the Software, not on download.

5.1 Trial Period

The trial is intended to be genuinely useful for evaluating the Software, not a crippled demonstration. During the trial period:

• No payment information is required to start the trial.
• Advisor and the full Advisor consulting workflow are available.
• The benchmarking and evaluation engine is available, including all built-in test suites.
• PDF report generation and printing are available. Reports and other human-readable material generated or printed during the trial are watermarked.
• MBX export is available, because MBX is provenance and tamper-evidence material rather than a finished commercial deliverable.
• Human-readable and commercially useful output produced during the trial is watermarked or withheld. Unwatermarked reports, white-label output, CSV export, JSON export, audit export, and other commercially valuable report or data exports are unavailable. MBX export, described above, is the deliberate exception.
• You may not remove, alter, obscure, or otherwise defeat the watermark applied to trial output. Doing so is a breach of the Acceptable Use restrictions in the EULA.
• External developer interfaces are not included with the trial.
• You are strongly encouraged to test the Software with your intended workflows and hardware before purchasing.

5.2 Trial Expiry and Read-Only Access

At the end of the 14-day trial period, productive functionality of the Software stops. This transition is automatic and requires no action from you. The Software is not uninstalled, and no work you have already created is deleted.

After Trial expiry, the following are unavailable until a license is activated:

• New benchmark runs.
• New scheduled runs.
• New Advisor engagements or Advisor workflow steps.
• New Self-Proving Task Agent execution.
• New reports.
• New exports of any kind.
• External developer interfaces.
• Other advanced paid functionality.

Your existing work remains accessible to you. After Trial expiry you retain read-only access to work already created during the Trial, including projects, benchmark results, evidence, and other work stored locally on your device. AiBenchLab does not delete, encrypt, withhold, or otherwise hold that work hostage in order to compel a purchase.

Any watermarked output you generated or exported during the Trial remains watermarked, and the restriction on removing or defeating that watermark in Section 5.1 continues to apply to it.

This state is not a free edition of the Software and confers no ongoing right to produce new work. You may purchase a license at any time to restore productive functionality.

5.3 Watermarking and White-Label Output

During the Trial, the Software is limited at the output boundary rather than by a restriction on how you use it. You may evaluate the Software fully and for any lawful purpose, including against real work. What is withheld is output worth distributing: unwatermarked reports and white-label reporting (removal of AiBenchLab branding) are never available without a paid license. MBX export is not withheld, because it is provenance and tamper-evidence material rather than a finished commercial deliverable.

6. User Responsibilities

As a user of AiBenchLab, you agree to:

• Use the Software in compliance with all applicable laws and regulations.
• Provide and manage your own API keys for third-party AI services.
• Be solely responsible for all interactions with third-party AI providers.
• Comply with the terms of service of any third-party AI services you use.
• Maintain the security and confidentiality of your license key and account credentials.
• Not exceed the seat limits or other usage limits of your license.
• Provide accurate billing and contact information.

7. Prohibited Uses

You agree NOT to:

• Reverse engineer, decompile, disassemble, or attempt to extract the source code of the Software.
• Circumvent, disable, or interfere with license enforcement mechanisms or security features.
• Redistribute, resell, lease, sublicense, or transfer the Software or your license to any third party.
• Remove, alter, or obscure any copyright notices, trademarks, or branding in the Software.
• Falsify, manipulate, or misrepresent benchmark results produced by the Software.
• Represent benchmark results as certified, endorsed, or officially validated by AiBenchLab unless explicitly authorized in writing.
• Use the Software for any unlawful purpose or in violation of these Terms.
• Share your license key or credentials with unauthorized users.
• Exceed the seat limits or other usage limits specified for your license.
• Use the Software in a manner that could damage, disable, overburden, or impair the Software or interfere with any other party's use of the Software.

8. Payment Terms

8.1 Payment Processing

All payments are processed securely through Lemon Squeezy, our third-party payment processor. AiBenchLab does not store your credit card information. By providing payment information, you authorize AiBenchLab to charge the applicable fees to your payment method. Lemon Squeezy's privacy policy governs how your payment information is handled.

8.2 Price Changes

AiBenchLab reserves the right to change pricing for future purchases at any time. Your paid license price is locked at the time of purchase and is not subject to change. The price applicable to your purchase is the one shown to you at checkout and recorded in your order documentation.

8.3 Taxes

All fees are exclusive of applicable taxes, duties, or similar governmental assessments. You are responsible for paying all applicable taxes associated with your purchase.

9. Refund Policy

All paid licenses are covered by a 30-day money-back guarantee from the date of purchase. If you are not satisfied for any reason, contact within 30 days with your order number for a full refund. See our full Refund Policy for complete details.

10. Planned Features

AiBenchLab's website, marketing materials, or Software interface may reference features described as "Planned," "Coming Soon," "Roadmap," or similar language. These references are informational only and provided to give you insight into our development priorities.

These references do NOT constitute:

• A guarantee, promise, or binding obligation to deliver any specific feature.
• A commitment to any particular timeline or release date.
• A warranty of future functionality.

AiBenchLab reserves the right to modify, delay, or cancel any planned features at its sole discretion without liability.

11. Intellectual Property

The Software, including all code, documentation, design, trademarks, logos, and related materials, is the sole and exclusive property of The Molen Company. All rights not expressly granted to you in these Terms are reserved by AiBenchLab.

Your license does not grant you any ownership rights in the Software. You may not use AiBenchLab's trademarks, logos, or branding without prior written permission.

14. Limitation of Personal Liability

No individual owner, developer, officer, employee, contractor, or contributor of AiBenchLab or The Molen Company shall be personally liable for any claims, damages, or obligations arising out of or related to these Terms or your use of the Software.

All claims must be brought against AiBenchLab (The Molen Company) as the licensor, and all liability is subject to the limitations set forth in Section 13 of these Terms.

15. Indemnification

You agree to indemnify, defend, and hold harmless AiBenchLab, The Molen Company, and their respective officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Software.
• Your violation of these Terms.
• Your violation of any third-party rights, including intellectual property rights or privacy rights.
• Your use of third-party AI services or API keys in connection with the Software.

16. Termination

16.1 Termination by You

You may terminate your license at any time by uninstalling and ceasing all use of the Software and destroying all copies in your possession. Termination after the 30-day refund window does not entitle you to a refund. See the Refund Policy for details.

16.2 Termination by AiBenchLab

AiBenchLab may suspend or terminate your license immediately, without prior notice, if you:

• Violate these Terms.
• Fail to pay applicable fees.
• Engage in fraudulent or unlawful activity.
• Exceed the seat limits or other usage limits of your license.

16.3 Effect of Termination

Upon termination, you must immediately cease all use of the Software and uninstall it from all devices. Sections of these Terms that by their nature should survive termination will survive, including but not limited to Sections 9, 11, 12, 13, 14, 15, 17, 18, and 19.

19. Governing Law and Venue

These Terms and any Disputes not subject to arbitration shall be governed by the laws of the State of California, without regard to its conflict-of-law principles.

For any matters not subject to arbitration under Section 17, you agree to the exclusive jurisdiction and venue of the state or federal courts located in Yolo County, California, or Solano County, California, at AiBenchLab's election. You waive any objection to jurisdiction or venue in these courts.

20. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent.

21. Entire Agreement

These Terms, together with the Privacy Policy and End User License Agreement (EULA), constitute the entire agreement between you and AiBenchLab regarding your use of the Software and supersede all prior or contemporaneous agreements, representations, warranties, or understandings, whether written or oral.

22. Modifications to Terms

AiBenchLab reserves the right to modify these Terms at any time. We will provide notice of material changes by:

• Posting the updated Terms on our website with a new "Last Updated" date.
• Sending an email notification to your registered email address (for material changes).

Your continued use of the Software after the effective date of the updated Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Software and may request a refund within the 30-day refund window or discontinue any optional annual update renewal.

23. Contact Information

If you have questions about these Terms, please contact us:

AiBenchLab
The Molen Company
Email:
Website: https://aibenchlab.com