Terms of Service

Last updated: May 9, 2026

1. Introduction

These Terms of Service ("Terms") govern your use of BinDist ("the Service"), a software distribution platform operated by BinDist (Netherlands; KVK: [KVK number — pending registration]) ("we", "us", "our").

By using the Service, you agree to these Terms. If you do not agree, do not use the Service.

2. Service Description

BinDist is a platform for distributing software applications to your customers. The Service provides:

• Secure storage and distribution of software binaries
• API-driven download management with authentication
• Version management and release tracking
• Customer access control
• Download analytics and activity logging

3. Account Registration

3.1 Eligibility

The Service is available to:

• Businesses and organizations
• Individuals acting in a professional capacity

You must be at least 16 years of age to use the Service.

3.2 Account Responsibilities

You are responsible for:

• Providing accurate registration information
• Maintaining the security of your API keys and credentials
• All activity that occurs under your account
• Notifying us immediately of any unauthorized access

3.3 One Account Per Entity

Each business or individual should maintain only one account. Multiple accounts for the same entity may be terminated.

4. Service Tiers & Limits

Additional limits:

• We may impose reasonable API rate limits to protect service availability; any specific thresholds will be published here if introduced.
• No bandwidth limits (downloads are direct from storage)

5. Payment Terms

5.1 Currency & Methods

• All prices are in EUR
• Accepted payment methods: Credit/debit cards (Visa, Mastercard, American Express)

5.2 Trial Period

New paid subscriptions include a 14-day trial period:

• Your card is validated but not charged at signup
• First charge occurs on day 14
• You may cancel during the trial period without charge

5.3 Billing Cycle

• Subscriptions are billed monthly
• Payment is due at the start of each billing period

5.4 Failed Payments

If a payment fails:

• Your account will be downgraded to Trial tier
• A 14-day grace period applies during which you can update payment details
• After 14 days without successful payment, account access is restricted to login only
• Your data is retained until you delete your account

5.5 Refund Policy

Payments are non-refundable. If you cancel, you retain access until the end of your current billing period.

5.6 Price Changes

We reserve the right to change prices. We will notify you at least 30 days in advance of any price change by email to the account admin email on file. Continued use after the change takes effect constitutes acceptance. If you do not agree with a price change, you may cancel your subscription before the new price takes effect and will not be charged the new price (your current rate applies until the end of the billing period in progress, per §5.5).

6. Acceptable Use

6.1 You Agree To:

• Only upload software you own or have rights to distribute
• Use the Service only for lawful purposes
• Maintain accurate account and application information
• Respect the intellectual property rights of others

6.2 Prohibited Content

You may not upload or distribute:

• Malware, viruses, or malicious code
• Content that infringes third-party copyrights or trademarks
• Illegal content under Dutch, EU, or applicable law
• Content that violates export control regulations
• Content that promotes illegal activities

6.3 Prohibited Activities

You may not:

• Attempt to circumvent security measures
• Use automated systems to abuse the API
• Resell or redistribute access to the Service
• Interfere with other users' use of the Service
• Reverse engineer or attempt to extract source code

7. Intellectual Property

7.1 Your Content

You retain all rights to the software and content you upload. By uploading content, you grant us a limited license to:

• Store and serve your content to authorized users
• Create backups of your content
• Process your content as necessary to provide the Service

This license terminates when you delete your content or account.

7.2 Our Service

The Service, including its design, features, and documentation, is owned by BinDist. You may not copy, modify, or create derivative works of the Service beyond what the open-source license permits.

8. Service Availability

8.1 No Guarantee

The Service is provided on an "as available" basis. We do not guarantee:

• Uninterrupted or error-free operation
• Specific uptime percentages (unless separately agreed in an SLA)
• That the Service will meet your specific requirements
• That response latency for the first few requests after a period of inactivity will match steady-state latency — the Service runs on serverless functions which may cold-start after idle periods

8.2 Maintenance

We may perform maintenance that temporarily affects availability. Where possible, we will provide advance notice for scheduled maintenance.

8.3 Modifications

We reserve the right to modify, suspend, or discontinue any part of the Service with reasonable notice.

8.4 Backups and Data Recovery

We create periodic backups of your data as part of operating the Service (see our Documentation for the current schedule), and while your account is active you can list and download any backup from your account. You are responsible for retrieving and storing your own copies of any data you cannot afford to lose. We do not guarantee that backups can be successfully restored after a technical failure, and once your account is destroyed (per §11), the underlying data and backups are deleted and cannot be recovered. If retaining off-Service copies matters to you, do so before deletion or before any incident requiring recovery.

9. Limitation of Liability

9.1 Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.2 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SERVICE IS LIMITED TO THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

9.3 Exclusions

WE ARE NOT LIABLE FOR:

• Indirect, incidental, special, or consequential damages
• Loss of profits, data, or business opportunities
• Damages resulting from your content or your customers' actions
• Damages from events beyond our reasonable control (force majeure)

10. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses (including legal fees) arising from:

• Your use of the Service
• Content you upload or distribute
• Your violation of these Terms
• Your customers' use of software distributed through the Service
• Any third-party claims related to your content

11. Termination

11.1 Termination by You

You may cancel your account at any time via the account settings page. Cancellation honours the period you have already paid for; the recurring authorisation is disabled at the moment of cancellation, and no further charges are taken. The destruction sequence is:

• Service continues normally until the end of your current billing period.
• At the end of that period your account moves to archived state for 14 days. A final archival backup is created automatically. During this window, you can still list and download backups from your account.
• After the 14-day archive window your data is destroyed: the database schema is dropped and both Object Storage buckets (applications and backups) are deleted. Data is not recoverable after this point.
• A control-plane record of the tenant is retained for 180 days thereafter for accounting and audit purposes, then scrubbed of personally identifying fields. You may request immediate scrubbing or extended retention in writing.

If you need to leave immediately rather than wait out the paid period, contact support and we will start archival from the moment of cancellation. The same 14-day archive window and destruction sequence then apply. Trial accounts, and accounts whose paid subscription was already cancelled (e.g. by a declined charge), skip the paid-period grace and enter the archive window immediately.

11.2 Termination by Us

We may suspend or terminate your account if you:

• Violate these Terms
• Fail to pay after the grace period
• Use the Service in a way that harms others or our infrastructure
• Engage in fraudulent activity

We will provide notice where reasonably possible before termination.

11.3 Effect of Termination

Upon termination:

• Your right to use the Service ends immediately
• We may delete your data according to our retention policy
• Provisions that should survive termination (liability, indemnification) remain in effect

12. Governing Law & Disputes

12.1 Governing Law

These Terms are governed by the laws of the Netherlands, specifically the Dutch Civil Code (Books 6-7).

12.2 Jurisdiction

Any disputes arising from these Terms shall be submitted to the exclusive jurisdiction of the courts in the Netherlands.

12.3 EU Consumer Rights

If you are a consumer in the EU, you retain any mandatory consumer protection rights under your local law.

13. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by:

• Email to your registered address
• Notice on our website at least 30 days before changes take effect

Continued use of the Service after changes take effect constitutes acceptance of the new Terms.

14. Miscellaneous

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service.

14.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions remain in effect.

14.3 No Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right.

14.4 Assignment

You may not assign your rights under these Terms without our consent. We may assign our rights to any successor or affiliate.

15. Contact Us

For questions about these Terms:

Email: support at bindist.eu