Welcome to Binly

Thanks for using Binly! We, 8bit Company LLC, provide a space organization platform that helps individuals and businesses organize items using smart labels and QR codes. Our service allows you to create labels, track contents, and access item details with a simple scan. By using our website, app, or services (collectively called "Binly"), you agree to these Terms of Service ("TOS"). If you are using Binly on behalf of a business, you confirm that you have the authority to accept these terms on its behalf. If you do not agree to these terms, you may not use Binly.

Modifications to Terms

We may update these TOS at any time. It is your responsibility to review them periodically. Continued use of Binly after changes means you accept the updates.

Service Availability

Binly is provided on an "AS IS" and "AS AVAILABLE" basis. We do not guarantee uninterrupted or error-free access. Service disruptions may occur due to maintenance, upgrades, or issues beyond our control.

8bit Company LLC is not liable for any loss of data, access issues, or other disruptions. Users accept the risks of using Binly, and we are not responsible for any resulting business or personal losses.

License

As long as you follow these TOS, we grant you a limited, non-exclusive, revocable license to use Binly for organizing your spaces. You may not repurpose or commercialize any part of our service without permission. You retain ownership of your uploaded content but give us the right to use non-personal, anonymized data for improving the service.

Usage Policies

You agree not to use Binly in ways that:

• Involve scraping, automated access, or misuse of the service.
• Include unlawful, misleading, or harmful content or activities.
• Interfere with the service or security of Binly.

No Refunds on Subscriptions

All paid subscriptions to Binly are non-refundable.

This includes, but is not limited to:

Once a subscription payment is processed, it will not be refunded for any reason, including dissatisfaction with the service, lack of use, feature changes, or account termination initiated by the user.

You are responsible for managing your subscription and canceling before renewal if you do not wish to continue service.

• Monthly, annual, multi-year, or early supporter plans.
• Partial billing periods.
• Unused time remaining on a subscription.
• Account cancellations or downgrades.

Business Closure and Service Discontinuation

If Binly or 8bit Company LLC discontinues the service, ceases operations, or shuts down the platform for any reason, no refunds will be issued, including for prepaid or unused subscription time.

However, in the event of a planned shutdown or service wind-down, we will make reasonable, good-faith efforts to allow users to export or retrieve their data within a defined notice period, where technically and legally feasible.

This may include:

We do not guarantee continued access indefinitely, specific export formats, or long-term hosting beyond the shutdown period.

• Data export tools.
• Download access.
• Reasonable time-limited access to retrieve user content.

No Guarantee of Perpetual Access

Binly is offered as an ongoing service, not a perpetual license. While certain plans may be described as "Free for Life" or long-term access, this means availability for as long as the Binly service is actively operated by 8bit Company LLC. It does not guarantee perpetual operation, lifetime hosting, or indefinite availability of the service or any specific plan.

Clarification on Fees and Refunds

For clarity and avoidance of doubt:

Your use of Binly constitutes acceptance of these terms.

• All fees are final.
• No refunds are provided under any circumstances.
• Subscription access is time-based, not outcome-based.

Privacy and Legal Compliance

You are responsible for complying with all privacy laws related to how you use Binly, including how you handle data associated with labeled items. Binly does not offer legal advice or guarantee compliance with laws like GDPR or CCPA.

Data Retention and Backups

You are responsible for backing up your own data. While we strive for stability, we do not guarantee data retention, and we are not liable for lost, deleted, or corrupted data. Binly should not be the sole record-keeping system for valuable or irreplaceable information.

Unintentional Access

Although we take data security seriously, we are not liable for unintentional or unauthorized access to your data. Users should take appropriate steps to secure sensitive information and understand that QR codes and shared labels may be accessible to others if not properly managed.

Account Responsibility

You are responsible for maintaining the security of your account and any content you create or manage. This includes keeping login credentials confidential and reviewing shared access. We are not responsible for misuse of your account by third parties.

User-Generated Content

You are solely responsible for any content you upload or create in Binly, including descriptions, images, tags, or notes. You agree not to submit any content that is unlawful, infringing, offensive, or otherwise inappropriate. We reserve the right to remove or restrict access to any content that violates these terms or applicable laws.

Third-Party Services

Binly may integrate with third-party services. We are not responsible for the performance, availability, or data handling practices of these services. Use of third-party tools is at your own risk and subject to their respective terms and privacy policies.

Beta Features

From time to time, Binly may offer new features in beta. These features are experimental and may change, break, or be removed without notice. Use of beta features is voluntary and at your own risk.

Termination

We reserve the right to suspend or terminate your access to Binly at our discretion for any violation of these TOS or conduct that we determine to be harmful to the service or other users.

Support and Contact

Support is available via our help center or email. We aim to provide helpful responses but do not guarantee specific resolution times or outcomes for all inquiries.

Liquidated Damages

If you break these TOS, you agree to pay damages as outlined in our penalty schedule. These amounts are intended as fair estimates, not penalties.

Fees

Some features of Binly may require payment. Fees are clearly posted and are non-refundable. Any taxes due are your responsibility.

Free for Life Plan

If you are on a "Free for Life" plan, it means your access to the free features will remain available for as long as the Binly service is offered by 8bit Company LLC. If the service or plan is discontinued in the future, we will provide advance notice.

Intellectual Property

All trademarks, logos, and content related to Binly are owned by 8bit Company LLC or our partners. Your labels and content are yours, but we may showcase examples anonymously to help demonstrate the service or promote features.

Indemnification

You agree to hold 8bit Company LLC harmless from claims, damages, or legal issues that arise from your misuse of Binly or violation of these terms.

Limitation of Liability

We are not responsible for any direct or indirect damages, including lost items, data issues, or service interruptions, related to your use of Binly.

Dispute Resolution

Any disputes related to Binly will be settled by binding arbitration through the American Arbitration Association rather than in court.

Governing Law

These TOS are governed by the laws of the state where 8bit Company LLC is registered.

Disclaimer of Responsibility for Downtime and QR Issues

We are not liable for any problems due to downtime, unavailable services, or QR code scanning errors. While we do our best to keep everything running smoothly, some disruptions are unavoidable. Use of Binly is at your own risk.

General Provisions

These TOS are the full agreement between you and Binly. If any part is invalid, the rest remains enforceable. Our failure to enforce a part of these TOS does not waive our right to enforce it later.