These Terms of Service (‘Terms’) are between you and Binder Community Limited (‘Binder’, ‘we’, ‘us’, ‘our’), registered in England and Wales (Registered No. 17058768), registered office 15 Montpelier 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, which incorporate our Acceptable Use rules (section 6), Community Guidelines, Privacy Policy, Cookie Policy and the payment terms in section 11.

If you take part in our closed beta, the Beta Tester Terms & NDA also apply to your participation, in addition to these Terms. Where the Beta Tester Terms & NDA and these Terms differ on a beta-specific matter, the Beta Tester Terms & NDA prevail for the closed beta. Content you share in the app is governed by these Terms and our UGC Licence.

‘Content’ means anything you upload, post, send or share. ‘Dimension’ is a contextual part of your profile. ‘Spectra’ is our profile-attribute system capturing characteristics including (where you choose) sexual orientation, gender identity, and religion or belief (section 9). ‘Open To’ means the connection and activity preferences you choose on your profile — for example the kinds of community, plans or collaborations you are open to. Some Open To selections may reveal special category data (such as your sexual orientation, gender identity, or religious or philosophical beliefs); you choose whether to share these, using a control you can turn on or off at any time (section 9). ‘Open To’ is used in the same sense in our Privacy Policy.

You must be aged 18 or over with legal capacity; the Platform is intended for users in the United Kingdom. Age assurance is being finalised for public launch. Access to the closed beta is limited to invited adults who confirm they are 18 or over; the Stripe Identity age-verification flow is not yet operational in the beta and will be enabled before public launch.

The age-assurance measures being finalised are designed to meet the Highly Effective Age Assurance (HEAA) standard under the Online Safety Act 2023, using Stripe Identity (photographic identity document + biometric liveness).

We may refuse, suspend or close accounts where we are not satisfied a user is 18 or over. When the Stripe Identity age-verification flow is enabled, the biometric processing by Stripe Identity will be described in our Privacy Policy; we will rely on Article 9(2)(g) UK GDPR (substantial public interest: safeguarding) and our Appropriate Policy Document, and Binder will retain only a confirmed 18+ status and verification date.

You must provide accurate registration information and keep your login secure; you are responsible for activity on your account. You may not share, sell or transfer your account, use false information, or create a new account to evade a removal/ban (we may retain limited identifiers of removed accounts to refuse re-registration). You can delete your account or export your data at any time in Settings.

We grant you a personal, non-exclusive, non-transferable, revocable licence to use the Platform for your own personal, non-commercial use; we may update or withdraw features with reasonable notice of material adverse changes where we can.

You must not use the Platform to: break the law or post illegal content (including CSAM, content inciting violence or hatred, or otherwise criminal content); harass, bully, threaten, stalk, abuse or intimidate, or send unsolicited sexual images (‘cyberflashing’); share content encouraging self-harm, suicide or eating disorders; ‘out’ a person or share another’s private information without consent; impersonate, create fake profiles, or deceive/defraud/scam; post non-consensual intimate images or sexual content involving anyone under 18; target, surveil or coordinate harm against any person or community; or upload malware, scrape data, or interfere with the Platform’s security or operation.

To the extent Content is protected by copyright or other intellectual property rights, you grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable and sub-licensable licence to use, host, store, reproduce, adapt, modify, publish, translate, distribute, publicly display and commercially exploit your Content, and to create and exploit aggregated, anonymised or derived works from it, for any purpose connected with operating, improving, promoting, marketing and commercialising the Platform and our business. Where Content may be used to personally identify you, Binder will only use such Content in its own marketing with your opt-in consent (see 7.2 and 7.3), passed through the clearance process in 7.6, and never in a way that overrides your data-protection rights; and to train, develop, test and improve our machine-learning and artificial-intelligence systems within the confines of the purpose, systems and safeguards set out in 7.2A.

Where your personal data is shared with third parties, Binder limits this sharing to its own third-party partners for operational purposes — principally age verification and content moderation — and not for marketing or commercial exploitation. We may transfer Content on a sale, financing or reorganisation of our business (subject to 7.3.1).

This section grants a licence of the intellectual-property rights in your Content only. The IP licence does not by itself create, and is not, a lawful basis to process the personal data contained in your Content. Where your Content contains personal data (for example a photograph of you, or your profile), the lawful basis for processing that personal data is set out in, and governed by, our Privacy Policy and data-protection law — not by this licence. The two layers operate together: the copyright/IP licence answers “may we use the work?”; the Privacy Policy answers “on what lawful basis may we process the personal data inside it?”.

This is a licence of the intellectual property in your Content; it is not a sale of your personal data. We do not sell your personal data. Where your Content identifies you (for example a photograph of you, or your profile), our use of it remains subject to our Privacy Policy and to data-protection law, and, in order to protect our users, Binder does not use identifying user content in its marketing without your opt-in consent. Content from which no individual can be identified or singled out, directly or indirectly, by means reasonably likely to be used, may be used and licensed under this licence without further consent.

We may use your Content to train, develop, test and improve Binder’s content-moderation and matching/compatibility systems. Binder does not use your Content to train third-party or general-purpose artificial-intelligence models. By default, any such training uses only irreversibly anonymised or aggregated content from which no individual can be identified or singled out, directly or indirectly, by means reasonably likely to be used (Recital 26 UK GDPR). We will use content that identifies you, or that reveals special-category data, for this training only under a further lawful basis described in our Privacy Policy — namely our legitimate interests, subject to your right to object at any time (Article 21 UK GDPR), or, for special-category data, your separate explicit consent under Article 9(2)(a) UK GDPR. For the training disclosure and your right to object, see our Privacy Policy.

Where you opt in to our using content that identifies you in our marketing, you grant us a licence to use that content for that purpose. You can withdraw that consent at any time, and it is as easy to withdraw as to give. Withdrawal does not affect: (a) the lawfulness of any use before withdrawal; (b) marketing materials already published, printed or distributed; or (c) any licence or sub-licence already granted to a third party before withdrawal, which continues in accordance with its terms (see 7.3.1). To give effect to this, the licence you grant for identifying content used in marketing is, once we have acted on it, irrevocable as regards that use and that content. This irrevocability applies to the intellectual-property licence only and does not affect your data-protection rights, including your rights to withdraw consent and to erasure. Where identifying content is personal data, on withdrawal of consent (or an erasure request) we cease and delete our processing of it in accordance with the Privacy Policy and data-protection law; those rights, not this licence, govern removal.

7.3.1 Downstream sub-licences and recall. Where content sub-licensed to a third party is personal data, on withdrawal or an erasure request we will take reasonable steps to notify sub-licensees to cease further use, consistent with Article 17(2) UK GDPR. Binder will, where reasonably practicable, incorporate appropriate safety takedown/ recall-on-notice-and-delete terms into outbound third party licences of identifying content to uphold user safety. This does not extend to irreversibly-anonymised derivative works and nothing in these Terms guarantees or warrants the compliance of third parties outside the direct control of Binder.

This licence is perpetual and irrevocable in respect of: (a) Content you have shared with other users or made public through the Platform; (b) aggregated or anonymised works from which no individual can be identified or singled out, directly or indirectly, by means reasonably likely to be used; (c) copies held in our routine backups, which we restrict from active use and put beyond use pending deletion in accordance with our retention schedule; and (d) any sub-licence or transfer already granted to a third party before you delete the Content or close your account (subject to 7.3.1). Any derived work that still constitutes personal data (including pseudonymised or special-category-derived output) is not perpetually or irrevocably licensed, is not licensed to third parties without a valid Article 9 basis, and remains subject to the Privacy Policy, Article 9 and Article 17. In particular, any training use of content that still identifies you (7.2A) is not perpetual or irrevocable and ends in accordance with the Privacy Policy and your right to object; only training on irreversibly anonymised content is perpetual. This licence is always subject to our Privacy Policy.

You confirm (warrant) that you own, or are licensed to grant, the rights in this section; that your Content is lawful and does not infringe anyone’s rights; and that you have obtained all consents and releases necessary from any other identifiable individual featured in your Content for the uses and licensing permitted by this section.

To the extent permitted by law, you waive your moral rights under sections 77 to 80 of the Copyright, Designs and Patents Act 1988 — and any equivalent or analogous rights arising under the law of any country — in relation to your Content, given to Binder and to anyone Binder authorises to use your Content, except that you retain: (a) the right to be identified as the creator of your Content where this is practicable; and (b) your right under section 80 to object to derogatory treatment of your Content. Nothing in this waiver affects your statutory rights as a consumer, your data-protection rights, or your right to bring a claim for defamation or malicious falsehood in respect of a false statement made about you.

Before any user Content is used in Binder’s own marketing or licensed to a third party for commercial purposes, and on an ongoing basis thereafter, it is reviewed and cleared through Binder’s content-licensing clearance process, which checks that: (a) the applicable opt-in consent is in place and current for identifying content; (b) the content does not appear to infringe third-party rights; and (c) for special-category content, that separate explicit consent meeting Article 9(2)(a) has been obtained for the specific purpose. Withdrawals and erasure requests are propagated to existing licensees (see 7.3.1); sub-licences of identifying content are preferably defined-term / defined-campaign rather than perpetual. Content that fails clearance is not used or licensed. For content Binder itself actively licenses or uses commercially, Binder does not rely on the hosting defence in regulation 19 of the Electronic Commerce (EC Directive) Regulations 2002; that defence continues to apply to Binder’s role as a passive host of user content generally.

Images you upload are automatically screened at upload using Microsoft PhotoDNA against databases of known illegal content (CSAM), and are not shown to other users until they have been cleared. No automated screening can detect all illegal or harmful content; we apply reasonable endeavours and do not warrant that every item is detected (see section 10).

We do not carry out background checks on users beyond the access controls described in section 3, and cannot guarantee any user is who they claim to be; meeting other users in person is at your own risk — please read our Safety Guidelines first. We provide reporting and blocking tools; if you are in immediate danger, contact the emergency services (999 in the UK).

Our Privacy Policy explains how we handle your personal data, your rights and the lawful bases. You choose whether to share special category data — such as information that may reveal your beliefs, sexual orientation, gender identity or health — through your profile, your Open To preferences and matching settings, on the basis of your explicit consent (Article 9(2)(a) UK GDPR), using a control you can turn on or off at any time in Settings. Explicit consent under Article 9(2)(a) is obtained separately and for each specific purpose; a single on/off control does not by itself authorise the use of special category data for marketing or for training machine-learning or artificial-intelligence models, each of which requires separate explicit consent for that purpose. If you turn it off, we stop using that data immediately; it is automatically deleted within 48 hours unless you turn it back on before then, and some features become unavailable, so you use Binder in a more limited way. Our automated matching system profiles your information (including, with consent, Spectra/Dimension attributes) to suggest connections (Article 4(4) profiling); it does not make solely automated decisions with legal or similarly significant effects (Article 22 does not apply), and you may object at any time. Age assurance is being finalised for public launch: access to the closed beta is limited to invited adults who confirm they are 18 or over, and the Stripe Identity age-verification flow is not yet operational in the beta and will be enabled before public launch. When enabled, age verification will use Stripe Identity (biometric liveness + document), authorised under Article 9(2)(g) and our Appropriate Policy Document, and Binder will retain only a confirmed 18+ status and date.

For the avoidance of doubt, Binder does not sell your personal data, including any special category data, to third parties. This position prevails over the licensing terms above.

To keep the Platform safe we may review, moderate, restrict, remove or refuse Content, and 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 and human review, including:

Images you upload are automatically screened at upload using Microsoft PhotoDNA against databases of known illegal content (CSAM), and are not shown to other users until they have been cleared. No automated screening can detect all illegal or harmful content; we apply reasonable endeavours and do not warrant that every item is detected. Confirmed CSAM is quarantined and reported to the National Crime Agency’s Child Exploitation and Online Protection Command (CEOP), in line with our duty under section 67 of the Online Safety Act 2023, and may lead to account suspension.

account suspensions, bans and content removals are decided by our human moderators. (We do not automatically suspend an account merely because it has been reported.) You can request human review of a decision affecting your account and challenge it. We may act without prior notice where necessary, for example to deal with illegal content or an immediate safety risk. Where an account is suspended, banned, or flagged for content moderation, Binder may retain data for moderation purposes or to comply with police investigations or the requirements of regulators.

Binder is free to use. At onboarding we offer two OPTIONAL, one-off payments, processed by Stripe: (a) a verification contribution of approximately £1.50 to help cover the cost of the Stripe Identity age check; and (b) an optional donation of an amount you choose. Payment is entirely optional and is never required to create or use an account. We do not currently offer subscriptions or auto-renewing charges. The price is shown before you pay; payments are processed by Stripe and we do not store your full card details. These optional payments become available at public launch and are not charged during our current closed beta.

Refunds: because these are optional, one-off contributions/donations, they are non-refundable once made, except where you have a non-excludable legal right to a refund. Where the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply to a paid digital service, you may have a 14-day right to cancel, which can be lost for a digital service begun immediately with your acknowledgement. If we introduce further paid features in future, we will publish the applicable terms (price, billing, cancellation and statutory rights) before you buy.

Nothing in these Terms limits or excludes liability we may not limit or exclude: for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; for your statutory rights and remedies under the Consumer Rights Act 2015; or for any compensation you are entitled to under data-protection law (including Article 82 UK GDPR and sections 168-169 of the Data Protection Act 2018).

Subject to that, and to the fullest extent permitted by law: (a) we provide the Platform with reasonable care and skill but do not warrant that it will be uninterrupted, secure, error-free or available, and we exclude all other terms, warranties and conditions implied by statute or common law; (b) we are not responsible or liable for the acts, omissions, Content or conduct of other users, for anything that happens when you communicate with or meet other users (whether online or offline - see section 8), or for third-party services, networks, app stores or providers; (c) the Platform is provided for your personal, non-commercial use only, and we exclude all liability for business losses and for loss of profit, revenue, goodwill, reputation or anticipated savings, and for any indirect or consequential loss; (d) we are not liable for loss of or damage to Content or data that you could reasonably have kept a copy of, to the extent you have not kept your own copy — this does not affect your rights under data protection law; (e) during any beta, preview or pre-release phase the Platform is provided ‘as is’; and (f) suggestions from our automated matching are provided for your convenience — we do not warrant their relevance, accuracy or outcome, and reliance on them is at your discretion.

Cap (standalone). Subject to the first paragraph of this section, and applying independently of any other provision of these Terms, our total aggregate liability to you for all other claims arising in any 12-month period is limited to the greater of (a) the amounts you paid us in that period and (b) GBP 500.

Time-bar (standalone). Except for the claims listed in the first paragraph of this section (death or personal injury, fraud, your Consumer Rights Act 2015 statutory rights, and any data-protection compensation), any other claim must be brought within 12 months of the date on which you became aware, or ought reasonably to have become aware, of the facts giving rise to it.

You are responsible for your own Content and conduct. You agree to reimburse us for reasonable and direct losses reasonably incurred in connection with third-party claims arising from your breach of the warranty in section 7 or from your unlawful or infringing Content, to the extent the loss is attributable to your breach. We will notify you promptly of any such claim, allow you to be involved in or (at your election) assume its defence, and take reasonable steps to mitigate. This indemnity does not apply to losses caused by our own acts or modifications independent of your breach; it continues to apply to third-party claims arising from your breach even where those claims arise through our hosting, licensing or exploitation of that Content. Nothing in it affects your statutory rights as a consumer or any compensation you are entitled to under data-protection law. In such cases, Binder may retain your data for the purposes of complying with investigations by relevant authorities.

We may change these Terms (e.g. to reflect the law, the Platform or our practices) with reasonable notice of material changes; where a change affects consent-based processing we will ask you to review and accept it.

Please contact us first to resolve any problem informally; you may bring a claim in the courts (section 16).

These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them, their subject matter or formation, are governed by the law of England and Wales. You and we agree that the courts of England and Wales have exclusive jurisdiction to settle any such dispute or claim.

These Terms are the whole agreement between you and us. If any provision (or part) of these Terms is held invalid or unenforceable, that provision (or part) is severed and the remaining provisions continue in full force; each limitation, exclusion, cap and time-bar in section 12 is a separate and independent term. No third party has rights under these Terms (Contracts (Rights of Third Parties) Act 1999 excluded). Contact: cameron@bindercommunity.app | Binder Community Limited, 15 Montpelier Vale, London SE3 0TA. If you need these Terms in an accessible format, please contact us and we will help. Events beyond our control: we are not liable for any delay or failure to perform our obligations under these Terms caused by events beyond our reasonable control, including failure of a third-party provider (such as our hosting, database or payment providers), cyber-attack, or action by a government or regulator; this does not affect the matters in section 12 that cannot be limited or excluded. Assignment: we may assign, novate or transfer our rights and obligations under these Terms to a successor or purchaser of our business or assets; you may not assign or transfer your rights or obligations under these Terms without our consent.

Binder Community Limited is a user-to-user service regulated under the Online Safety Act 2023. We have carried out a Children’s Access Assessment and an Illegal Content Risk Assessment. Age assurance is being finalised for public launch: access to the closed beta is limited to invited adults who confirm they are 18 or over, and the Stripe Identity age-verification flow (photographic ID + biometric liveness), designed to meet the HEAA standard, is not yet operational in the beta and will be enabled before public launch. We operate proactive CSAM detection using Microsoft PhotoDNA: images you upload are automatically screened at upload against databases of known illegal content (CSAM) and are not shown to other users until they have been cleared, and no automated screening can detect all illegal or harmful content, so we apply reasonable endeavours and do not warrant that every item is detected. Confirmed CSAM is reported to the National Crime Agency via its Child Exploitation and Online Protection Command (CEOP) under section 67 of the Online Safety Act 2023. These documents are available on written request.