1. Acceptance and eligibility
These Terms of Service (the "Terms") are an agreement between Bindato ("we", "us") and the business that creates an account or otherwise uses the Bindato service (the "Customer", "you"). By creating an account, clicking a button that references these Terms, or using the service, you accept them.
The service is offered to businesses only. You confirm that you are using it for business purposes, that you are at least eighteen years old, and that you have the authority to bind the business you name at sign-up. If you accept these Terms on behalf of a company, "you" means that company.
If you do not agree to these Terms, do not create an account or use the service.
2. The service
Bindato is an integration platform. It connects a Shopify store to the other systems a merchant runs — an ERP, a warehouse or inventory system, a fulfilment partner — through connectors, and moves data between them through flows: a trigger in one system, one or more actions in another. Installable bundles group the flows a common pair of systems needs, together with the settings you confirm before they run.
Every flow execution produces a run record: the trigger, each step's input and output, and the outcome. Run records exist so that you can see what moved, and why something did not. They are kept for the retention period of your plan and then deleted.
The service is in early access. Features may be added, changed or withdrawn as it matures; where a change removes something you rely on, we will tell you in advance where we reasonably can.
3. Accounts and security
You are responsible for the accuracy of the information on your account, for keeping your sign-in credentials confidential, and for everything done under your account by you or by people you invite. Tell us promptly at the contact address below if you believe an account or credential has been compromised.
Connecting a system means giving the service credentials for that system — an API key, an OAuth grant, a login. You confirm that you are entitled to grant that access, that the credentials you supply are yours or your business's to use, and that you will keep them current. We store connection credentials encrypted at rest; you remain responsible for the permissions those credentials carry in the connected system.
Each account belongs to one business (a tenant). Owners may invite members and change their roles; owners are responsible for the people they invite.
4. Plans, fees and billing
Current plans, their limits and their prices are published at /pricing. The plan you choose in the dashboard and the price shown there when you choose it are the plan and price that apply to you. Fees are charged through our payment provider, monthly or annually in advance, to the payment method you supply.
Where a plan includes a number of runs per calendar month and you exceed it, the overage is metered at the rate published for your plan and billed on your next invoice. Annual plans are billed for the full year in advance and are not refunded for early cancellation. Onboarding fees, where a plan carries one, are billed once, at the start.
Prices exclude taxes. Where we are required to collect sales tax, VAT or a similar tax on your fees, it is added to your invoice.
If a payment fails, we and our payment provider will retry it. Your flows keep running during that time; we will not switch anything off because a card was declined. If the payment cannot be collected by the end of the retry period, your subscription is cancelled and your account returns to the free plan at the end of the current billing period, with the free plan's limits and retention period applied from then. Anything that ran before that point is unaffected.
You may cancel or change plans in the dashboard. A cancellation or a downgrade takes effect at the end of the current billing period; an upgrade takes effect when you confirm it. We may change prices for a future period by giving you at least thirty days' notice by email or in the dashboard.
5. Customer data and connected services
"Customer Data" means everything the service reads from, writes to or stores on behalf of your connected systems — orders, customers, products, inventory levels, shipments and the like — together with the settings you give your flows and bundles.
You authorise us to access your Shopify store and the other systems you connect, to read and write data in them, and to store what those flows produce, solely to run the flows you have configured, to keep run records, to meter usage, and to support you. You own your Customer Data. We do not sell it, and we do not use it for any purpose other than providing the service to you.
Flows do what their settings say. You are responsible for the accuracy of the settings you confirm — the mappings, the locations, the defaults — and for the data in your connected systems. A flow that faithfully moves a wrong value is not a defect in the service.
The Privacy Policy describes how we handle personal information inside Customer Data and about your account.
6. Acceptable use
You agree not to, and not to allow anyone using your account to:
- connect a system, or supply credentials, that you are not entitled to use;
- use the service to move data you do not have the right to process, or in breach of a law that applies to you;
- attempt to gain access to another customer's data, to the service's infrastructure, or to an account that is not yours;
- probe, scan, load-test or otherwise interfere with the service without our written agreement;
- reverse engineer the service except to the extent a law that applies to you allows it;
- resell or offer the service to third parties as your own, or build a competing product from it;
- use the service to send unsolicited messages or to distribute malware.
7. Intellectual property
The service — its software, connectors, bundles, documentation, design and the Bindato name and marks — is owned by us or our licensors. These Terms give you a limited, non-exclusive, non-transferable right to use it for your business during the term. No other rights are granted.
Your Customer Data is yours. You grant us the rights in it that we need to provide the service, as described in section 5, and no more.
If you send us suggestions about the service, we may use them without obligation to you.
8. Confidentiality
Each of us may learn things about the other that are not public — your Customer Data and connection details; our pricing offers, roadmap and non-public technical detail. Each of us will use the other's confidential information only for the purposes of this agreement, protect it with at least reasonable care, and not disclose it except to people who need it for those purposes and are bound to keep it confidential, or where a law or court requires disclosure.
These obligations continue for three years after the agreement ends, and for as long as the information remains a trade secret where it is one.
9. Third-party services
The service connects to systems run by other companies — Shopify, ERP vendors, warehouse and fulfilment providers, and the payment provider that bills you. Those systems are governed by their own terms and privacy policies, which apply to your use of them. We do not control them and are not responsible for their availability, their behaviour, or changes they make to their APIs, though we work to keep our connectors current.
Shopify is a trademark of Shopify Inc. Other names are the property of their owners. Bindato is not affiliated with or endorsed by any of the systems it connects to unless we say so in writing.
10. Availability and support
We do not commit to any availability level in these Terms. We work to keep the service running, we publish a health endpoint, and every error carries a reference you can quote to us; but the service may be unavailable for maintenance, because of a failure, or because a connected system is unavailable, and we do not promise otherwise here.
Support is provided in the manner described for your plan at /pricing. Questions about security are answered in writing; see /security for what the architecture does and does not do.
11. Disclaimers
The service is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose and non-infringement, and any warranty that the service will be uninterrupted, error-free or free of harmful components.
We do not warrant the accuracy of data received from your connected systems, or that the systems you connect will accept what a flow writes to them.
12. Limitation of liability
To the fullest extent the law allows, neither of us is liable to the other for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue, lost data or business interruption, however caused and under whatever theory of liability, even if advised of the possibility.
To the fullest extent the law allows, our total liability to you for all claims arising out of or relating to the service or these Terms, in aggregate, will not exceed the fees you paid us for the service in the twelve months before the event giving rise to the claim.
These limits do not apply to a party's liability for its own fraud, for breach of section 8 (Confidentiality), or for amounts that cannot be limited under the law that applies.
13. Indemnity
You will defend us against, and pay any damages and reasonable costs finally awarded from, a third-party claim that arises from your Customer Data, from your use of the service in breach of these Terms or of a law that applies to you, or from credentials you supplied without the right to do so.
We will defend you against, and pay any damages and reasonable costs finally awarded from, a third-party claim that the service, as we provide it and as used in accordance with these Terms, infringes that third party's intellectual property rights. We may modify or replace the service to avoid the claim, or end the agreement and refund prepaid fees for the unused period.
The party seeking indemnity must notify the other promptly, give it control of the defence and settlement, and cooperate reasonably.
14. Term and termination
These Terms apply from the day you create an account until the account is closed. You may close your account at any time from the dashboard or by writing to us; closure takes effect at the end of the current billing period.
We may suspend or end your access if you materially breach these Terms and do not cure the breach within fourteen days of our notice, if your use of the service creates a security or legal risk to us or to other customers, or if fees remain unpaid after the retry period described in section 4. We may also end the agreement for convenience on sixty days' notice, refunding any prepaid fees for the period after it ends.
On request made within thirty days of the account closing, we will make your Customer Data — your connection and flow settings and your run records, in a machine-readable form — available for export. After that period we delete Customer Data from our systems, subject to backups that expire in the ordinary course and to anything we are required by law to retain.
Sections 5 (as to ownership), 7, 8, 11, 12, 13, 16 and any payment obligations already incurred survive the end of the agreement.
15. Changes to these Terms
We may change these Terms. When we do, we will publish the new version at /terms with a new effective date, and give you notice by email to the address on your account or in the dashboard at least thirty days before a material change takes effect. The version of these Terms is its effective date. If you do not agree to the changed Terms, you may close your account before they take effect; continuing to use the service after that date accepts them.
16. Governing law and venue
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the service will be brought exclusively in the state and federal courts located in Santa Clara County, California, and each of us submits to the personal jurisdiction of those courts.
These Terms, together with the Privacy Policy and the plan you select at /pricing, are the entire agreement between us about the service. If any part of them is found unenforceable, the rest remains in force. Neither of us may assign this agreement without the other's consent, except to a successor to substantially all of its business. A failure to enforce a right is not a waiver of it.
17. Contact
Questions about these Terms go to legal@bindato.com, or by post to Bindato, 5201 Great America Pkwy, Suite 320, Santa Clara, CA 95054.