Terms of Service
1. Acceptance
By submitting a system for testing, creating an account, making a payment, or otherwise using any service provided by BlackNesher ("we," "us," the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service.
2. What the Service Does
BlackNesher performs adversarial security testing ("Testing") against AI agents and systems submitted by users. Testing includes, without limitation, prompt injection, social engineering, jailbreak attempts, encoded/obfuscated payloads, and other adversarial techniques intended to identify security weaknesses. Testing is performed only against systems, prompts, or configurations that you submit, and is not performed against any live third-party system without a submission by you. On paid tiers, you may optionally connect your own AI provider account (via an API key you supply) so Testing runs live against your actual model rather than a simulated version of it.
3. Authorization — Read This Carefully
You represent and warrant, as a condition of using the Service, that for any system, prompt, configuration, endpoint, or connected API account you submit for Testing, you either (a) own that system outright, or (b) hold clear, current, explicit authorization from the actual owner to have it adversarially tested by a third party. A party cannot grant rights it does not possess — if the system relies on shared infrastructure, third-party platforms, customer data, or services managed by someone else, you are responsible for confirming that your authorization actually extends to adversarial testing of those dependencies.
We rely entirely on this representation. We do not and cannot independently verify ownership or authorization for every submission. If you submit a system you do not own or are not authorized to have tested, you are solely responsible for that submission and any consequences arising from it, and you agree to the indemnification obligations in Section 8 below.
We log the timestamp, IP address, and submitted content of every submission and may provide this information to law enforcement or an affected system owner in response to a valid legal request or a good-faith claim of unauthorized testing. We reserve the right to suspend or stop Testing immediately, without refund, if we reasonably believe authorization is missing, disputed, or has been misrepresented.
4. Fees, Payment & No Refunds
Prices for paid packages are as displayed on the Service at the time of purchase, in US dollars, and are billed as one-time payments per engagement, not a recurring subscription, unless stated otherwise. Payments are processed by Stripe; we do not store your full payment card details.
ALL PAYMENTS TO BLACKNESHER ARE FINAL AND NON-REFUNDABLE, for any reason, including but not limited to dissatisfaction with findings (or lack of findings), a belief that Testing should have discovered a vulnerability it did not, early termination of an engagement, failure to connect an agent for Testing after payment, or any other reason. By making a payment you acknowledge and accept this policy. This applies to all service tiers and packages unless a specific written exception is agreed in advance, in writing, signed by an authorized BlackNesher representative.
5. No Warranty
THE SERVICE AND ALL RESULTS, REPORTS, AND FINDINGS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. Testing is inherently probabilistic, time-bound, and limited by the scope, access, and information provided — the same technique may succeed on one attempt and fail on another against an identical target. A report showing no findings does not mean a system is secure, free of vulnerabilities, or immune to techniques not covered by our test suite, and does not constitute a compliance certification of any kind. We make no guarantee of completeness, accuracy, or fitness for any particular purpose, and no guarantee that Testing will identify every vulnerability present in a submitted system or prevent any future incident.
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLACKNESHER AND ITS OWNERS, EMPLOYEES, AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT YOU ACTUALLY PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED US DOLLARS ($100), WHICHEVER IS GREATER. THIS LIMITATION APPLIES REGARDLESS OF WHETHER TESTING WAS PERFORMED ON A FREE OR PAID TIER.
7. Third-Party AI Providers & Your API Keys
If you choose to connect your own AI provider account (e.g. OpenAI, Anthropic, Google, or another provider) by supplying an API key, you do so entirely at your own discretion and cost. Your API key is used only to run the Testing you requested, transmitted directly to that provider, and is never stored or logged by us once the assessment completes. You are solely responsible for: (a) complying with that provider's own terms of service and usage policies, (b) any costs, rate limits, or account actions resulting from the Testing traffic we send on your behalf, and (c) the security of your own API key before and after you provide it to us. We are not responsible for the availability, output, behavior, or policies of any third-party AI provider, and are not liable for any provider-side outage, cost, or account action arising from your use of this feature.
8. Indemnification
You agree to indemnify, defend, and hold harmless BlackNesher and its owners, employees, and contractors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your breach of Section 3 (Authorization); (b) any claim by a third party that a system you submitted for Testing was tested without proper authorization; (c) your use of any findings, report, or information provided by the Service; (d) your connection of a third-party AI provider account under Section 7; or (e) your violation of these Terms or applicable law.
9. Acceptable Use
You may not: submit a system for Testing that you do not own or are not authorized to have tested; use the Service to attack, disrupt, or gain unauthorized access to any system; use findings or reports to cause harm, extort, or coerce any party; misrepresent your identity or authorization when submitting a request; or attempt to interfere with, reverse-engineer, or abuse the Service's own infrastructure.
10. Intellectual Property & Confidentiality
Our testing methodology, specific techniques, and internal processes remain our proprietary and confidential information. Reports delivered to you describe findings and severity but may withhold exact reproduction methodology as noted in the report itself. You retain ownership of your own submitted content (prompts, configurations); we retain ownership of our methodology, technique library, and report formatting. You may share your own report internally or with your own advisors under confidentiality, but may not publish it, use it in marketing, or otherwise disclose it publicly without our prior written consent.
11. Data Handling
Submitted content and results are retained as described in our Privacy Policy. API keys you provide under Section 7 are never persisted — they exist in memory only for the duration of the specific test run and are discarded immediately after.
12. Termination
We may suspend or terminate your access to the Service, or stop Testing already in progress, at any time, with or without notice, for any reason, including suspected violation of these Terms or a reasonable belief that authorization is missing or disputed. No refund is owed for Testing stopped under this Section. Sections 3, 4, 6, 7, 8, and 10 survive termination.
13. Force Majeure
We are not liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control, including acts of God, natural disaster, war, terrorism, labor disputes, government action, or failures or interruptions of internet, telecommunications, cloud hosting, or third-party AI provider infrastructure.
14. Dispute Resolution & Arbitration
Before filing any claim, you agree to first contact us using the address in Section 17 and attempt to resolve the dispute informally for at least 30 days. If a dispute is not resolved informally, you and BlackNesher agree that it will be resolved by binding individual arbitration rather than in court, except that either party may bring an individual claim in small claims court where eligible. YOU AND BLACKNESHER EACH WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. Nothing in this Section prevents either party from seeking injunctive relief in court for misuse of intellectual property or confidential information.
15. Assignment
You may not assign or transfer these Terms, or any rights or obligations under them, without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.
16. Severability & Entire Agreement
If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect. These Terms, together with our Privacy Policy, constitute the entire agreement between you and BlackNesher regarding the Service and supersede any prior agreements or understandings, written or oral.
17. Changes to These Terms
We may update these Terms from time to time. Continued use of the Service after a change constitutes acceptance of the updated Terms.
18. Governing Law
These Terms are governed by the laws of the jurisdiction in which BlackNesher is incorporated, without regard to conflict-of-law principles.
19. Contact
Questions about these Terms can be sent to the contact address listed on our homepage.