1. Acceptance of terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and ICTOM ("Binders", "we", "us", "our"), governing your access to and use of the Binders platform, including the SaaS dashboard at app.bindmee.com, the marketing website at bindmee.com, and any related services (collectively, the "Service").

By creating an account, clicking "I agree", or otherwise using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you are using the Service on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms.

2. Who may use Binders

You may use Binders only if:

• You are at least 16 years old (or the minimum age required in your jurisdiction to enter into a binding contract)
• You are not prohibited from using the Service under applicable law
• You have not previously been banned from the Service by us

By using the Service, you represent and warrant that you meet all of the above eligibility requirements.

3. Description of service

Binders provides a social media management SaaS platform (app.bindmee.com) that allows creators, brands, and agencies to:

• Schedule and publish content to connected social media accounts (Instagram, Facebook, LinkedIn, YouTube, TikTok, and others as added)
• View and respond to comments and direct messages across connected platforms via a unified inbox
• Access AI-powered tools to generate captions, hashtags, and translations
• Manage team members and collaborative content approval workflows
• View analytics and performance metrics retrieved from connected platforms
• Plan and organise content via a shared publishing calendar

The Service is provided "as is" and we reserve the right to modify, suspend, or discontinue any feature at any time with reasonable notice where practicable.

4. Accounts and security

You must register for an account to use most features of the Service. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain the security of your password and not share it with any third party
• Notify us immediately at gdpr@ictom.ma if you suspect unauthorised access to your account
• Accept responsibility for all activities that occur under your account

You may not create accounts using automated means or under false pretences. Each natural person may hold one personal account; agencies may hold additional client workspaces within their plan limits.

5. Subscriptions and billing

5.1 Plans

Binders offers a free tier and paid subscription plans (Creator, Agency, Enterprise). Features available on each plan are described on our pricing page and may change with reasonable notice.

5.2 Payment

Paid subscriptions are billed in advance on a recurring monthly or annual basis. All prices are listed in the currency shown at checkout and are exclusive of applicable taxes unless stated otherwise. Payment is processed by Stripe, Inc. You authorise Stripe to charge your payment method on each renewal date.

5.3 Renewals and cancellation

Subscriptions renew automatically at the end of each billing period unless you cancel before the renewal date. You may cancel at any time from your account settings. Cancellation takes effect at the end of the current paid period; you will retain access to paid features until then.

5.4 Refunds

Subscription fees are non-refundable except where required by applicable law or at our sole discretion. If we terminate your account for reasons other than your breach of these Terms, we will provide a pro-rated refund for the unused portion of any prepaid subscription period.

5.5 Price changes

We may change subscription prices. We will provide at least 30 days' notice by email before any price increase takes effect. Your continued use of the Service after a price change constitutes acceptance of the new price.

5.6 Taxes

You are responsible for all applicable taxes, duties, and levies imposed by your jurisdiction on your subscription. We will collect VAT or similar taxes where we are legally required to do so.

6. Social network connections

To publish content through Binders, you must authorise Binders to act on your behalf on the relevant social platform by completing that platform's OAuth flow. By doing so, you:

• Grant Binders permission to publish, read, and manage content on the connected account as permitted by the platform's API
• Confirm that you have the right to authorise such access (i.e., you are the account owner or an authorised manager)
• Acknowledge that each social platform has its own terms of service, which you remain bound by independently of these Terms
• Understand that social platforms may revoke API access at any time, which may affect the availability of Binders features

You may disconnect any social account at any time from your account settings. Upon disconnection, we will delete the associated OAuth tokens.

7. Content you create

7.1 Ownership

You retain all intellectual property rights in content you create, upload, or publish through the Service ("Your Content"). These Terms do not transfer any ownership of Your Content to us.

7.2 Licence to us

By uploading or publishing content through the Service, you grant ICTOM a non-exclusive, worldwide, royalty-free, sublicensable licence to host, store, reproduce, and transmit Your Content solely for the purpose of operating and providing the Service to you. This licence terminates when you delete the content or close your account (subject to our retention periods set out in the Privacy Policy).

7.3 Your representations

You represent and warrant that:

• You own or have the necessary rights, licences, and permissions to use and authorise us to use Your Content as described above
• Your Content does not infringe any third-party intellectual property rights, privacy rights, or other rights
• Your Content complies with these Terms and all applicable laws

7.4 AI-generated suggestions

AI-assisted features (caption generation, hashtag suggestions, translation) produce suggestions based on your input. You are responsible for reviewing, editing, and approving any AI-generated content before publication. We make no representations about the accuracy, originality, or fitness for purpose of AI-generated suggestions.

8. Acceptable use

You may not use the Service to:

• Violate any applicable local, national, or international law or regulation
• Infringe the intellectual property rights of any third party
• Publish or distribute spam, unsolicited commercial messages, or deceptive content
• Publish content that is unlawful, defamatory, obscene, pornographic, harassing, or hateful
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Upload malware, viruses, or any other malicious code
• Attempt to gain unauthorised access to any part of the Service or another user's account
• Use automated tools (bots, scrapers) to access the Service in a manner that places excessive load on our infrastructure, except as expressly permitted by our API documentation
• Resell, sublicense, or commercially exploit the Service without our express written permission
• Circumvent, disable, or interfere with security features of the Service

We reserve the right to investigate and take appropriate action, including removing content and suspending or terminating accounts, for violations of this section.

9. Payments and fees

9.1 Subscription fees

Subscription fees are charged as described in Section 5.

9.2 Payment processing

All subscription payments are processed by Stripe, Inc. By using the payment features, you agree to Stripe's Services Agreement and Privacy Policy. We do not store full payment card data on our servers.

10. Intellectual property

10.1 Binders IP

The Service, including all software, design, text, graphics, logos, and trademarks, is owned by or licenced to ICTOM and is protected by Moroccan and international intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our express written permission.

10.2 Feedback

If you submit feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free licence to use that feedback for any purpose without any obligation to you.

11. Disclaimer of warranties

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

We do not warrant that:

• The Service will be available at all times or free from errors, bugs, or security vulnerabilities
• Content published through the Service will reach its intended audience or produce any particular result
• Social platform APIs will remain available, unchanged, or unrevoked
• AI-generated suggestions will be accurate, original, or fit for purpose

Some jurisdictions do not allow the exclusion of implied warranties; in those jurisdictions the above exclusions apply to the fullest extent permitted by law.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ICTOM AND ITS DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED EUROS (€100).

THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE).

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded under applicable law.

13. Indemnification

You agree to defend, indemnify, and hold harmless ICTOM and its directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Service in violation of these Terms
• Your Content, including any claim that it infringes a third party's intellectual property or other rights
• Your breach of any applicable law or third-party platform terms

14. Term and termination

14.1 Duration

These Terms are effective from the date you first access the Service and continue until terminated.

14.2 Termination by you

You may terminate your account at any time by deleting it from account settings or by submitting a deletion request at bindmee.com/data-deletion. Termination does not entitle you to a refund of any prepaid fees (see Section 5.4).

14.3 Termination by us

We may suspend or terminate your account immediately, without prior notice or liability, if:

• You breach any provision of these Terms
• Your use of the Service poses a legal, security, or reputational risk to us or other users
• We are required to do so by law or a regulatory authority

We may also terminate the Service entirely with 30 days' notice in the event we cease operations.

14.4 Effect of termination

Upon termination: your right to access the Service immediately ceases; we will delete or anonymise your personal data in accordance with the Privacy Policy and our retention periods; provisions of these Terms that by their nature should survive (including Sections 7, 10–13, 15) will continue to apply.

15. Governing law and disputes

15.1 Governing law

These Terms are governed by and construed in accordance with the laws of the Kingdom of Morocco, without regard to its conflict-of-law provisions. If you are a consumer located in the EU, you also benefit from any mandatory protections afforded by the laws of your country of residence that cannot be derogated from by contract.

15.2 Informal resolution

Before initiating any formal legal proceeding, you agree to contact us at gdpr@ictom.ma and give us 30 days to attempt to resolve the dispute informally.

15.3 Jurisdiction

Subject to Section 15.2, any dispute arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the competent courts of Casablanca, Morocco. EU consumers may also bring proceedings before the courts of their country of habitual residence.

15.4 EU consumer rights

If you are a consumer in the EU, you have access to the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

16. Changes to these terms

We may modify these Terms at any time. When we make material changes, we will update the "Effective date" above and notify you by email or in-app notification at least 14 days before the changes take effect for existing users. For changes required by law, we may provide shorter notice.

Your continued use of the Service after the effective date of modified Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must stop using the Service and may close your account.

17. Miscellaneous

17.1 Entire agreement

These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and ICTOM regarding the Service and supersede all prior agreements.

17.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

17.3 Waiver

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

17.4 Assignment

You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to an affiliate or in connection with a merger, acquisition, or sale of assets.

17.5 Language

These Terms are published in English, French, and Arabic. The French and Arabic translations are provided as a convenience. In the event of any conflict or ambiguity between versions, the English version shall prevail.

17.6 Force majeure

We are not liable for any failure or delay in performance resulting from circumstances beyond our reasonable control, including natural disasters, acts of government, internet or infrastructure outages, or third-party service failures.

18. Contact us

If you have any questions about these Terms, please contact us:

ICTOM — Binders
Email: gdpr@ictom.ma
Data requests: bindmee.com/data-deletion