Terms and Conditions
for the use of the BenchTrust platform
General Terms and Conditions (GTC) for the Use of the BenchTrust Platform
Version 5.1 · As of July 3, 2026
Preamble
BenchTrust GmbH operates under www.benchtrust.com a AI-powered B2B platform for procurement intelligence. The platform supports buyers in neutral needs analysis, in finding and comparing suitable providers of software and services, as well as in decision preparation. Providers can register as contractual partners; in addition, companies can also be featured on the platform and included in data-based evaluations without a contractual relationship. These terms and conditions bind exclusively registered users; they do not create any obligations for non-registered, merely listed companies.
§ 1 Scope, Provider and Contracting Party
(1) These General Terms and Conditions (hereinafter GTC) apply to the use of the platform accessible at www.benchtrust.com as well as all functions, content, and services offered through it (together the platform or the services).
(2) Provider and contracting partner is the BenchTrust GmbH, Lange Straße 75, 76530 Baden-Baden, Germany (hereinafter BenchTrust). Managing Directors: Bernd Burkhardt, Holger Schmeding. Register court: Local Court of Mannheim, HRB 758170. VAT ID: DE463339916. Email: contact@benchtrust.com.
(3) The platform is exclusively aimed at entrepreneurs within the meaning of § 14 BGB, legal entities under public law, and special funds under public law, who act in the exercise of their commercial or independent professional activity. It is not aimed at consumers within the meaning of § 13 BGB. By registering, the user assures that they are acting in this capacity.
(4) Only these terms and conditions apply. Different general terms and conditions of the user do not become part of the contract unless BenchTrust explicitly agrees to their validity in text form.
(5) The version of these Terms and Conditions agreed upon at the time of conclusion of the contract shall apply to the contractual relationship. Later changes shall only be effective in accordance with § 20.
§ 2 Definitions
For the purposes of these Terms and Conditions, the following applies:
- a) User: any natural or legal person who enters into a contractual relationship with BenchTrust for the use of the platform.
- b) Buyer: a user who uses the platform for needs analysis, research, evaluation, or selection of providers.
- c) Registered provider: a user who registers as a provider of software or services and maintains a profile.
- d) Listed company: a company whose offer is displayed on the platform without having a contractual relationship with BenchTrust.
- e) BenchTrust Score: a data-based, algorithmically determined metric for reliability and satisfaction (§ 8).
- f) Match Score: a request-related suitability value between a specific need and a provider.
- g) BenchTrust Analytics: the function for neutral, structured needs analysis for buyers.
- h) Contents: all data, documents, evaluations, analyses, and other information that is provided or generated via the platform.
§ 3 Conclusion of Contract, Power of Representation, and Organizational Accounts
(1) The contractual relationship is established upon registration and its confirmation by BenchTrust, at the latest with the first use of the functions requiring registration. For paid services, the contract is concluded upon acceptance of the respective order.
(2) The acting natural person guarantees that they are authorized to represent the user.
(3) BenchTrust can offer organizational accounts. The user is responsible for granting and managing access permissions.
(4) In the event of contradictions between an individual order and these GTC, the individual agreements shall prevail (§ 22 para. 4).
§ 4 Subject and Scope of Services
(1) BenchTrust provides the platform as Software-as-a-Service over the Internet. The services include in particular the structured needs analysis (BenchTrust Analytics), finding and comparing providers, determining request-related suitability (Match Score), as well as presenting data-based evaluations (BenchTrust Score).
(2) The subject of the contract is the provision of the platform in its respective current functional version. Essential functions will not be restricted to the detriment of the user without factual reason and only with reasonable prior notice in text form.
(3) The platform is a tool for information and decision preparation. The provided evaluations and analyses do not constitute legal, tax, or business advice. BenchTrust does not become a party to the contracts concluded between buyers and suppliers.
§ 5 Registration and User Account
(1) The use of individual functions requires registration. There is no entitlement to registration; BenchTrust may refuse the opening for a valid reason.
(2) The user provides the requested information completely and accurately and keeps it up to date.
(3) Access data must be treated confidentially. The user is liable for activities on their account unless they are not responsible for the misuse.
§ 6 Blocking and Restriction of User Accounts
(1) In the event of violations of these terms and conditions or applicable law, BenchTrust may take proportionate measures, ranging from a warning to the permanent suspension of the account.
(2) Before a permanent suspension, the user is generally given the opportunity to make a statement, unless immediate action is required to avert danger.
(3) In the case of paid services, the agreed core service is only withdrawn in the event of a significant violation that is not rectified in due time despite a request.
(4) BenchTrust provides the user with the reasons for a suspension promptly and, insofar as the Digital Services Act is applicable, in the form of a clear justification with a reference to available legal remedies.
§ 7 Gratuitousness, Freemium, and Paid Services
(1) The basic functions of the platform are currently provided to users free of charge. There is no entitlement to permanent free provision.
(2) The freemium pricing is neutral with respect to the ratings: The level of a score or the placement in comparisons does not depend on a payment from the provider.
(3) BenchTrust can offer additional, paid services. Prices, payment and billing conditions, duration, and renewal are determined by the respective order or service description. Fees are excluding statutory value-added tax. An obligation to pay arises only if the user explicitly orders a paid service.
(4) The introduction of a fee for services that were previously free of charge is a significant change and will only take effect in accordance with the provisions of § 20 para. 4.
§ 8 BenchTrust Score, Match Score and BenchTrust Analytics
(1) The BenchTrust score and the Match Score are data-based key figures determined automatically and using methods of artificial intelligence.
(2) The key figures are estimates based on the available data and the applied methodology. They serve as a guide and do not constitute a guarantee or recommendation.
(3) BenchTrust discloses the essential criteria of the calculation in a generally understandable form (method transparency).
(4) BenchTrust assumes no responsibility for the predictive validity or accuracy of the key figures. The user makes their decisions independently.
(5) Any company depicted or evaluated can request information through contact@benchtrust.com, the correction of incorrect factual statements, as well as a review.
(6) As far as a key figure concerns a natural person, the data protection regulations according to § 14 apply additionally.
§ 9 Duties and Rules of Conduct of the User
The user uses the platform only within the framework of the applicable laws and these Terms and Conditions. In particular, it is prohibited:
- a) to post incorrect, misleading, or legally infringing information or content;
- b) Infringe the rights of third parties, in particular copyright, trademark, personality, or data protection rights;
- c) to read the platform automatically (scraping, crawling, data mining), unless expressly permitted;
- d) to reverse-engineer the underlying software, unless legally required;
- e) to impair the availability, integrity, or security of the platform;
- f) to circumvent access or authorization controls;
- g) to use the platform for impermissible competitive purposes.
§ 10 Third-Party Content, Moderation and Reporting Procedures
(1) Content posted by users is provided on their own responsibility; BenchTrust does not endorse it.
(2) Insofar as BenchTrust is considered a hosting service or online platform within the meaning of the Digital Services Act (Regulation (EU) 2022/2065), the following provisions apply additionally.
(3) BenchTrust maintains an easily accessible electronic reporting procedure for allegedly illegal content. Reports should be directed to: contact@benchtrust.com. A report should include:
- a) a sufficiently justified explanation of why the content is unlawful;
- b) the exact electronic location (e.g., URL);
- c) the name and email address of the reporting person (exception: suspected criminal offenses);
- d) a declaration that the report is made to the best of one's knowledge in good faith.
(4) BenchTrust confirms the receipt of a message immediately and informs the reporting person about the decision made.
(5) BenchTrust can remove or block content that violates laws or these Terms and Conditions.
(6) In the event of removal or blockage, BenchTrust provides the affected user with a clear explanation along with information on available legal remedies.
(7) BenchTrust provides a free internal complaint management system through which the user can appeal moderation decisions for at least six months.
(8) In the case of frequently obviously illegal content, BenchTrust may suspend the provision of services for an appropriate period after prior warning.
§ 11 Confidentiality, Documents and Access Authorization
(1) Documents, analyses, and other content not generally accessible are made available exclusively to authorized recipients.
(2) The user treats confidential content made accessible to him via the platform as confidential and does not pass it on to third parties without authorization.
(3) BenchTrust takes appropriate technical and organizational measures according to the state of the art to protect content from unauthorized access.
§ 12 Availability of the Platform
(1) BenchTrust strives for high availability, but in particular when used free of charge, it does not owe any specific availability or any agreed response or recovery time (no service level).
(2) Restrictions may result from maintenance, disruptions of third-party services, as well as from force majeure.
§ 13 Protection and Usage Rights
(1) The platform, the underlying software, the design, the databases, as well as the evaluations and reports created by BenchTrust are protected by copyright and related rights.
(2) BenchTrust grants the user, for the duration of the contractual relationship, a simple, non-transferable right to use the platform for their own business purposes to the extent provided in the contract.
(3) Reports and analyses created by the user may also be further used by the user for their own internal business purposes even after the termination of the contractual relationship.
(4) BenchTrust does not use the user's personal or confidential data to train its own or third-party AI models, unless the user has explicitly consented to this.
§ 14 Data protection, order processing and use of AI
(1) BenchTrust processes personal data in accordance with the applicable data protection provisions, in particular the GDPR. Details are regulated by the privacy policy under https://benchtrust.com/datenschutz. The privacy policy is not part of these GTC.
(2) With regard to the data processed for its own purposes, BenchTrust is the controller. Insofar as BenchTrust processes personal data exclusively on behalf of a user, BenchTrust is the processor; the parties conclude a contract for order processing in accordance with Art. 28 GDPR.
(3) The use of subcontractors is governed by the data processing agreement.
(4) Automated assessments: If key figures concern natural persons, BenchTrust in particular takes the following precautions: Key figures are not created exclusively automatically; a qualified person reviews the data before display. An automated assessment is carried out only if there is a legal basis according to Art. 22 Para. 2 GDPR. The data subject has the right to make a statement and to contest.
(5) BenchTrust uses artificial intelligence procedures. To the extent that users interact with a AI system or content is generated by AI, BenchTrust points this out in accordance with Art. 50 of the AI Regulation (Regulation (EU) 2024/1689).
§ 15 Data Portability, Provider Change, and Data Export
(1) Insofar as the services are data processing services within the meaning of the Data Act (Regulation (EU) 2023/2854, Data Act), the following provisions shall apply.
(2) The user can terminate the contractual relationship for the purpose of switching to another provider with a notice period of no more than two months.
(3) BenchTrust supports the change during a transition period of no more than 30 calendar days from the end of the notice period.
(4)–(13) Further details on the transition period, data formats, interfaces, switching fees, and service continuity are provided in Annex 1 (Data Act Information), which is part of these Terms and Conditions.
(14) BenchTrust takes appropriate measures to protect the user's data from unlawful access by government authorities from third countries.
§ 16 Warranty
(1) In the case of free services, they are provided in the form available at the time; a specific quality is not owed, as far as legally permissible.
(2) For paid services, the statutory warranty applies. BenchTrust guarantees the agreed quality during the term.
(3) The agreed-upon condition refers to the functionality of the platform, not to the predictive significance of the key figures. BenchTrust ensures the correct technical processing of the data as well as the correction of its own verifiable errors.
§ 17 Liability
(1) BenchTrust is liable without limitation for damages resulting from injury to life, body, or health, for intent and gross negligence, as well as under the Product Liability Act.
(2) In the case of simple negligence, BenchTrust is only liable for the violation of an essential contractual obligation (cardinal obligation). In this case, liability is limited to the contract-typical, foreseeable damage.
(3) As far as services are provided free of charge, liability is limited to intent and gross negligence.
(4) BenchTrust is not liable for damages that result from the user having made decisions based on the provided evaluations or analyses.
(5) BenchTrust is only liable for the loss of data to the extent that it would have been necessary for recovery with proper data backup by the user.
(6) The above limitations of liability apply correspondingly in favor of the organs, employees, and vicarious agents of BenchTrust.
(7) Mandatory statutory claims, in particular under Art. 82 GDPR, remain unaffected.
§ 18 Exemption
(1) The user indemnifies BenchTrust from legitimate claims of third parties arising from a wrongful use of the platform for which the user is culpably responsible. The indemnification includes the reasonable costs of legal defense.
(2) A prerequisite is that BenchTrust immediately informs the user about the utilization and does not acknowledge claims without the user's consent.
§ 19 Duration and Termination
(1) The contractual relationship regarding the free services is concluded for an indefinite period. The user can terminate it at any time by deleting their account. BenchTrust can terminate it properly with reasonable notice.
(2) The right to extraordinary termination for good cause remains unaffected for both parties.
(3) For paid services, the duration, renewal, and termination provisions agreed upon in the order shall apply. Unless otherwise specified there, the following shall apply:
- Showcase and Lead Engine Monthly Subscriptions: Termination at any time at the end of the current billing period via the customer portal.
- Showcase and Lead Engine annual subscriptions: Termination at any time at the end of the current annual period via the customer portal.
- Promotion: Termination at any time at the end of the current billing period via the customer portal.
(4) Upon termination, the right to use the platform ends. The handling of stored data is governed by § 15.
§ 20 Changes to these Terms and Conditions
(1) Changes to these terms and conditions will only be effective in accordance with this provision.
(2) Purely editorial changes without impact on contractual rights and obligations do not require approval.
(3) Insofar as an adjustment is required due to a mandatory change in the legal situation, BenchTrust can make this with reasonable notice in written form.
(4) All other content changes, in particular those relating to fees or the core service, will only take effect with the explicit consent of the user.
§ 21 Support
The scope and availability of support are determined by the respective service description. For free services, there is no entitlement to support to a specific extent.
§ 22 Final Provisions
(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) The exclusive place of jurisdiction for all disputes, insofar as the user is a merchant, a legal entity under public law, or a special fund under public law, is the seat of BenchTrust in Baden-Baden.
(3) The place of performance is the registered office of BenchTrust.
(4) In case of contradictions, individual agreements and orders take precedence over these GTC.
(5) Changes and additions require at least written form.
(6) Should individual provisions of these terms and conditions be invalid, this does not affect the validity of the remaining provisions.
(7) The German version of these Terms and Conditions shall be authoritative.
Appendix 1 – Data Act Information (§ 15)
This appendix is part of the General Terms and Conditions and specifies the obligations according to § 15 (Articles 25 to 32 of the Data Act, Regulation (EU) 2023/2854). Status: June 25, 2026.
A. Exportable Data Categories
- Master, profile, and requirement data entered by the user
- Uploaded documents and other content
- Result data generated as part of the usage (analyses, match scores, reports)
- Account and usage metadata
B. Excluded Data and Digital Assets
- Data protected by third-party rights or trade secrets
- Internal functional, operational, and safety data of the platform
- The models, weightings, and algorithms underlying the calculation
C. Data Formats and Structures
- Export format: JSON and CSV
- Structured, common, and machine-readable according to Art. 26 Data Act
- Format directory and schema description: https://benchtrust.com/datenexport
D. Interfaces and Access
- Provision upon request: BenchTrust provides the user with the data as a JSON or CSV file
- Application submission by e-mail to: contact@benchtrust.com
- Provision within the transition period of 30 calendar days (§ 15 para. 3)
- The interfaces required for the switch will be provided free of charge
E. Locations of Data Processing
- Primary processing: Google Cloud / Firebase – EU data center Frankfurt (europe-west1)
- Hosting and Deployment: Vercel – EU Region Frankfurt am Main (fra1)
- Email Infrastructure: IONOS (Germany)
- Payment processing: Stripe (Ireland / EU)
- All data is processed exclusively within the European Union
F. Technical and organizational protective measures
- Encryption during transmission: TLS encryption (HTTPS throughout)
- Encryption at storage: Server-side encryption with AES-256 by Google Cloud / Firestore (standard encryption, automatic)
- Data-Level Access Control: Firebase Security Rules with Field-Based Whitelists
- Authentication and Roles: Firebase Authentication; role-based access control via Custom Claims
- Access by government authorities from third countries: Data processing exclusively within the EU; objection to unlawful demands for disclosure as far as legally possible
G. Known technical limitations
- Export provision on request (no automated self-service export in phase 1)
- Processing time: usually within 5 working days after receipt of the application
- Availability of historical data: from user registration
H. Exchange Fees
- Switching fees: 0 euros (no switching fees, neither before nor after January 12, 2027)
I. Change Support and Contact Person
- Contact person for changes, data export, and deletion: contact@benchtrust.com
- Process: Application by email – confirmation within 5 working days – data delivery (JSON/CSV) within the transition period
- Transition period: up to 30 calendar days from the end of the notice period (§ 15 para. 3)
- Service continuity and an appropriate level of security are maintained during the transition period
BenchTrust GmbH · Lange Straße 75 · 76530 Baden-Baden · contact@benchtrust.com · www.benchtrust.com
Version 5.1 · As of July 3, 2026