This Trial Terms of Use (“Trial Terms”) governs Your access to and use of the Trial during the Trial Period. Bynder’s Global Privacy Policy,the Acceptable Use Policy and AI Policy are hereby incorporated into and form an integral part of these Trial Terms. The Trial (as defined below) is provided free of charge solely for Your internal evaluation of Bynder's Product.
These Trial Terms are between Bynder and You or the entity You represent. These Trial Terms take effect when you click on “Get started” and check the box agreeing to these Trial Terms. You represent that You are of legal age to form a binding contract and, if You are entering these Trial Terms on behalf of an entity, that You have the legal authority to bind that entity.
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Definitions
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“Bynder” means Bynder BV and/or its affiliates.
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“Confidential Information” means all non-public information disclosed by either Party that should reasonably be understood to be confidential. Confidential Information shall include but not limited to, (a) information that constitutes a trade secret; (b) information that is owned, developed or otherwise acquired by either Party, including the Party’s financial data, business plans, customer information, software, programming, systems and use documentation, technical information, technology, designs, ideas, inventions, data, data formats and files, and all copies and tangible embodiments thereof; and (c) any information relating to software originating from Bynder.
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"Party" or "Parties" means Bynder or You, as applicable.
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“Product” means Bynder’s software-as-a-service product, including applications, solutions as offered to you on the Trial.
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“Trial” means the Bynder Product, services, and any documentation provided to You for Your internal evaluation purposes of Bynder’s Product under these Trial Terms.
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“Trial Period” means a period of fourteen (14) days, unless extended in writing by Bynder in its sole discretion.
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“Your Content” means any data, files, text, images, or other materials that You upload, submit, or store in the Trial. All Your Content shall be designated as personal and shall be accessible by the individual user who uploaded it. Your Content shall be permanently deleted within ninety (90) days following the expiration or termination of the Trial Period.
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“You” or “Your” means the natural or legal person entering into these Trial Terms for yourself or the entity you represent.
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The Trial
Subject to Your compliance with these Trial Terms, Bynder grants You a limited, non-exclusive, non-assignable, non-transferable, non-sublicensable, revocable license to access and use the Trial during the Trial Period, solely for Your internal evaluation purposes of the Bynder Product. The Trial is owned by Bynder, licensed, not sold.
- Use Restrictions. You agree that You will not, and will not permit any third party to: (i) sublicense, rent, lease, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make the Trial, or any copies hereof, available to any third party; (ii) copy, merge, transfer, modify or make derivative works of the Trial; (iii) reverse assemble, reverse compile, engineer, decompile, or disassemble the Trial; (iv) access the Trial in order to build a competitive product or service; (v) use the Trial except as provided for in these Trial Terms.
- Acceptable Use. You agree to use the Trial in accordance with these Trial Terms only for the authorized purposes set forth within these Trial Terms. Bynder reserves the right to remove any of Your Content and suspend or terminate Your access for any violation of these Trial Terms.
- Account Security. You are responsible for maintaining the confidentiality of Your login credentials and for all activities that occur under Your account. You agree to notify Bynder immediately of any unauthorized use of Your account.
- Modifications and Maintenance. Bynder may modify, suspend, or discontinue the Trial (or any part thereof) at any time, with or without notice. Bynder may also perform scheduled or unscheduled maintenance, during which the Trial may be temporarily unavailable.
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Your Content and Intellectual Property
You retain all right, title, and interest in and to Your Content. You grant Bynder a limited, worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display Your Content solely as necessary to provide and operate the Trial for You. All rights, title, and interest in and to the Trial, including but not limited to all underlying software, technology, and intellectual property rights, are and will remain the exclusive property of Bynder and its licensors.
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Confidentialit
You agree to treat all Confidential Information as confidential and not to disclose it to any third party. You will use the same degree of care that You use to protect Your own confidential information of a similar nature, but in no event less than a commercially reasonable degree of care.
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Disclaimer
THE TRIAL IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES. TO THE FULLEST EXTENT PERMITTED BY LAW, BYNDER DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, EXPRESS, IMPLIED, OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BYNDER DOES NOT WARRANT THAT THE TRIAL WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR ANYTHING ELSE WHICH MAY BE HARMFUL OR DESTRUCTIVE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE TRIAL AND ANY DOCUMENTATION REMAINS WITH YOU.
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Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BYNDER WILL HAVE NO LIABILITY TO YOU IN REGARDS TO THE PROVISION AND YOUR USE OF THE TRIAL, WHETHER FOR DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE DAMAGES (INCLUDING LOST OR ANTICIPATED REVENUES OR PROFITS OR SAVINGS, OPPORTUNITY LOSS, LOSS OF GOODWILL, LOSS OF THE TRIAL, AND OTHER ECONOMIC LOSS AND REPUTATIONAL DAMAGE) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE, OR OTHERWISE, EVEN IF BYNDER HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
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Indemnification
Bynder will not be liable for: i) loss of, or damage to, your records, or data; or ii) any damages claimed by you based on any third party claim. You agree to indemnify and hold Bynder and its affiliates, officers, agents, and employees harmless from any claim, suit, or action arising from or related to Your use of the Trial or violation of these Trial Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees.
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Privacy
Any personal data collected during use of the Trial will be handled in accordance with Bynder’s Global Privacy Policy. Bynder disclaims all liability arising in whole or in part from Your reliance on any privacy, data security, or other policies related to such third party service providers.
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General
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These Trial Terms are governed by the laws of the Netherlands, without regard to conflict of law principles. Any disputes arising out of or in connection with these Trial Terms shall be subject to the exclusive jurisdiction of the competent courts in Amsterdam, the Netherlands.
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If You violate these Trial Terms, Bynder may immediately terminate Your access to the Trial and all rights granted hereunder.
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Accessibility
Bynder is committed to making its services accessible. If you have any questions or concerns about the accessibility of the Trial, please contact us at legal@bynder.com.
These Trial Terms were last updated on September 12, 2025