Legal
Terms and conditions
The agreement between you and us for the use of the cmdz hosting platform, including the articles on prepaid credit, its validity and the fact that it is not refundable.
Applicable to the use of the cmdz hosting platform. These terms are governed exclusively by Dutch law.
Article 1 — Definitions
- cmdz: the service and the platform, operated by Binadit B.V., established in Rotterdam, KvK 80923216, VAT NL861852990B01 ("we", "us").
- Customer: the legal entity or natural person that enters into an agreement with us and uses the platform.
- Services: the hosting platform offered via the portal, the API, the CLI and the MCP server, including the running of applications, managed databases, storage, domain registration and DNS.
- Agreement: the digital agreement that comes into effect upon the creation of an account and acceptance of these terms.
- Credit: the prepaid balance, denominated in credits at 1,000 credits = € 1.00 excluding VAT, from which all metered consumption is drawn.
- Limit: an optional spending cap the Customer may set below their credit balance to bound consumption within a period.
Article 2 — Applicability
These terms apply to any use of the Services. Deviations are valid only if agreed in writing. The applicability of the Customer's purchasing terms is expressly rejected.
Article 3 — Formation and account
The agreement comes into effect when the Customer creates an account, accepts these terms and links a valid payment method. Access to the account is exclusively via passkeys; the Customer is responsible for managing their passkeys and recovery methods. We may refuse a registration or service without stating reasons.
Article 4 — Prices, limit and payment
All prices are exclusive of VAT, unless stated otherwise. Consumption is metered per minute and drawn from the Customer's prepaid credit balance.
The Customer can only consume what they have paid for in advance. Credit is bought upfront and drawn down by usage in real time; when the balance reaches zero, the platform suspends paid actions instead of continuing to accrue. We never invoice in arrears and never carry a receivable, so no debt can arise. This is a contractual obligation on us, not a setting we may reinterpret.
Credit is not refundable. Purchased credit is valid for twelve months from the date of purchase and is consumed oldest first; we notify the Customer thirty and seven days before a tranche lapses. Credit granted free of charge by us carries the validity period stated at the time of the grant. No balance — purchased, trial or granted — is convertible into money, on termination or otherwise.
Domain registrations, renewals and transfers are not funded from credit and are charged separately, visibly in advance, from the payment method, because a registry charges us at the moment of purchase. An invoice is issued at the moment credit is purchased, in accordance with Dutch law and the applicable VAT rules; there is no month-end billing run.
Article 5 — Availability and service
We make every effort to provide the Services with the greatest possible care and manage the infrastructure proactively. Within a region we provide high availability: multiple nodes, replication and failover.
Availability across multiple regions — redundancy against the outage of an entire data center — is the responsibility of the Customer, who may use the building blocks we provide for this purpose. We announce planned maintenance at least 48 hours in advance. We are not liable for disruptions beyond our direct control, including outages at third parties or force majeure.
Article 6 — Liability
Our liability is limited to the amount paid by the Customer to us in the three months prior to the event, up to a maximum of € 10,000 per event, or — if higher — to the amount paid out by our liability insurance. We are not liable for indirect damage, consequential damage, lost profit or data loss. The Customer indemnifies us against claims by third parties arising from the content or applications hosted by the Customer.
Article 7 — Intellectual property
All software, documentation and works developed by us remain our property. The Customer retains all rights to their own code, data and content. For the duration of the agreement, the Customer obtains a non-exclusive right to use the platform.
Article 8 — Confidentiality
Both parties keep the other party's confidential information secret. This obligation continues for five years after termination of the agreement.
Article 9 — Term and termination
The agreement is entered into for an indefinite period and may be terminated by the Customer at any time via the portal, subject to the current calendar month. In the event of a material breach, the non-breaching party may terminate the agreement, after written notice of default, with immediate effect.
Upon termination, the data remains readable for a short period, after which it is deleted. Any remaining credit balance lapses without payment. Domains follow the expiry process described in the documentation.
Article 10 — Force majeure
We are not liable for failures due to circumstances beyond our reasonable control, including outages at third parties, DDoS attacks, government measures or other force majeure.
Article 11 — Abuse
The acceptable use policy applies to the use of the Services. In the event of a breach thereof, we may act as described in that policy, up to and including immediate suspension.
Article 12 — Governing law and amendments
All agreements are governed exclusively by Dutch law; disputes are submitted to the competent court in Rotterdam. We may amend these terms; amended terms apply to new agreements and, after notice with a period of 30 days, to existing agreements.
Binadit B.V. · Seinhuiswachter 2, 3034 KH Rotterdam · Netherlands · KvK 80923216 · VAT NL861852990B01 · [email protected] · +31 10 477 5362