all of you, by design
Terms of Service
Binder Community Limited · No. 17058768
1. These terms and your agreement with us
These Terms of Service (“Terms”) are between you and Binder Community Limited (“Binder”, “we”, “us”, “our”), a company registered in England and Wales (number 17058768), registered office 15 Montpellier Vale, London SE3 0TA. They govern your use of the Binder application, website and related services (the “Platform”).
By creating an account or using the Platform, you agree to these Terms. If you do not agree, do not use the Platform. These Terms incorporate our Acceptable Use rules (section 6), our Community Guidelines, our Privacy Policy, and (if you buy paid features) our payment terms in section 11.
2. Definitions
• Content means anything you upload, post, send or share on the Platform, including your profile, Facets, photos, images and messages.
• Facet means a contextual part of your profile that you choose to create.
• Community Guidelines and Acceptable Use mean our rules on permitted conduct and content, as updated from time to time.
• Privacy Policy means our policy explaining how we handle your personal data.
3. Who can use Binder (18+)
You must be aged 18 or over and have the legal capacity to enter into these Terms. The Platform is intended for users in the United Kingdom. We use age-assurance measures and may refuse, suspend or close accounts where we are not satisfied that a user is 18 or over.
4. Your account
• You must provide accurate registration information and keep it up to date.
• You are responsible for keeping your login details secure and for activity on your account. Tell us promptly if you suspect unauthorised use.
• You may not share, sell or transfer your account, or create an account using false information or on behalf of someone else.
5. Using the Platform
We grant you a personal, non-exclusive, non-transferable, revocable licence to use the Platform for your own personal, non-commercial use, in accordance with these Terms. We may update, change or withdraw features of the Platform, and we will give you reasonable notice of material changes that adversely affect you where we can.
6. Acceptable use — what you must not do
You agree not to use the Platform to do, share or facilitate any of the following, and we may remove Content and restrict accounts that breach these rules. You must not:
• break the law, or post illegal content, including child sexual abuse material, content that incites violence or hatred, or content that is otherwise a criminal offence to share;
• harass, bully, threaten, stalk, abuse or intimidate anyone, or send unsolicited sexual images (‘cyberflashing’) or other unwanted sexual content;
• share content that encourages self-harm, suicide or eating disorders;
• ‘out’ a person, or share another person’s private information (including sexual orientation, gender identity, location or identity) without consent;
• impersonate anyone, create fake profiles, or use the Platform to deceive, defraud or scam others;
• post non-consensual intimate images, or sexual content involving anyone under 18;
• use the Platform to target, surveil or coordinate harm against any person or community;
• upload malware, scrape data, or interfere with the security or operation of the Platform.
7. Your Content
You keep ownership of your Content. By posting Content, you grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, adapt (for example to resize or format) and display it as needed to operate and promote the Platform, in accordance with our Privacy Policy. This licence ends when you delete the Content or close your account, except for copies retained for safety or legal reasons or in backups for a limited period.
You confirm that you own or have the rights to your Content, and that it does not break these Terms or anyone else’s rights.
8. Safety, and meeting people offline
Your safety matters to us, but please understand the following:
• We do not carry out background or identity checks on users beyond age assurance, and we cannot guarantee that any user is who they claim to be.
• Meeting other users in person is at your own risk. You are responsible for your own decisions about whether, when and how to meet anyone. Please read our Safety Guidelines first.
• We provide reporting and blocking tools and ask you to use them. If you are in immediate danger, contact the emergency services.
• We are not responsible for the conduct of other users, whether online or offline. This does not affect our responsibility for our own acts or omissions as set out in section 12.
9. Your privacy and special category data
Our Privacy Policy explains how we collect and use your personal data. Some information you may choose to share — such as data revealing your sexual orientation or gender identity — is ‘special category data’. Where you choose to provide or display this information, you give your explicit consent to our processing of it as described in the Privacy Policy, and you can withdraw that consent at any time as explained there.
10. Moderation, suspension and termination
To keep the Platform safe we may review, moderate, restrict, remove or refuse Content, and we may warn, suspend or close accounts, where we reasonably consider these Terms, the law or our Community Guidelines have been broken, or to protect users. We use a combination of automated tools (including automated image moderation) and human review.
Where we take action that significantly affects you, we will, where appropriate, tell you the reason and give you a way to ask for human review and to challenge the decision. We may act without prior notice where necessary, for example to deal with illegal content or a risk to safety. You can close your account at any time.
11. Paid features and payments
Some features of the Platform may be offered for a fee. If you buy a paid feature or subscription:
• the price, billing frequency and key terms will be shown to you before you buy;
• subscriptions renew automatically unless cancelled, and we will tell you how to cancel;
• you may have a legal right to cancel within 14 days of purchase under the Consumer Contracts Regulations 2013. Where you ask us to start a digital service immediately and you acknowledge it, you may lose that right once the service has begun; and
• payments are processed by our payment provider; we do not store your full card details.
12. Our responsibility to you, and the limits on it
We take our responsibilities seriously, and nothing in these Terms limits or excludes our liability where the law does not allow it. In particular, we do not exclude or limit our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; or any other liability that cannot be excluded or limited under English law, including your rights under the Consumer Rights Act 2015.
Subject to that:
• we provide the Platform with reasonable care and skill, but we do not guarantee it will always be available, uninterrupted or error-free;
• we are not responsible for the conduct of other users, or for what happens when you meet or interact with others online or offline (see section 8);
• we are not liable for losses that are not reasonably foreseeable, or for business losses (the Platform is for personal use);
• where we are liable to you, our total liability is limited to a reasonable amount, being the greater of the fees you paid us in the 12 months before the claim, or £100.
13. Your responsibilities to us
You are responsible for your own Content and conduct, and for using the Platform in line with these Terms. If you break these Terms and cause us loss, you may be responsible for that loss to the extent it results from your breach and was reasonably foreseeable.
14. Changes to these Terms
We may change these Terms from time to time, for example to reflect changes in the law, the Platform or our practices. If we make material changes, we will give you reasonable notice (for example through the Platform or by email) before they take effect. If you do not agree to a change, you can close your account.
15. Complaints and resolving disputes
If you have a problem, please contact us first (section 17) so we can try to resolve it, including through any in-app complaint or appeal route. We aim to resolve complaints promptly. If we cannot resolve a dispute, you may bring a claim in the courts as set out in section 16. Nothing in these Terms requires you to give up your right to take a dispute to court.
16. Governing law and jurisdiction
These Terms and any dispute arising from them are governed by the law of England and Wales. You and we agree that the courts of England and Wales have jurisdiction, although if you live in another part of the UK you may also bring proceedings in your local courts as the law allows.
17. General, and how to contact us
• Whole agreement: these Terms and the documents they incorporate are the whole agreement between us about the Platform. This does not exclude liability for fraud or fraudulent misrepresentation.
• If a term is invalid: the rest of the Terms continue to apply.
• Our delay: if we do not enforce a term, that is not a waiver of our rights.
• Transfer: we may transfer our rights and obligations under these Terms to another organisation, and will tell you if we do; this will not affect your rights. You may not transfer yours without our consent.
• Third parties: no one other than you and us has any rights under these Terms.
Contact:
Binder Community Limited, 15 Montpellier Vale, London SE3 0TA.