Terms of Service

BinHQ is a product operated by MindWerks, located at 66 W Flagler St, 9th Floor, Miami, FL 33130, United States. Throughout these Terms of Service, "BinHQ," "we," "us," and "our" refer to MindWerks and the BinHQ application. "You" and "your" refer to the person or entity using the Service.

BinHQ is a fulfillment platform that integrates with e-commerce platforms (including Shopify) to provide pick list generation, bin location management, inventory tracking, and order fulfillment workflows. The Service is designed to assist merchants in managing their fulfillment operations more efficiently.

By installing, accessing, or using BinHQ ("the Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you are using BinHQ on behalf of a business or other entity, you represent that you have the authority to bind that entity to these terms. If you do not agree to these terms, do not install or use the Service.

You are responsible for maintaining the confidentiality and security of your account credentials, including passwords, API keys, and picker PIN codes. You are responsible for all activity that occurs under your account.

Each Shopify store may have one BinHQ account. You must not share admin credentials with unauthorized parties. If you become aware of any unauthorized use of your account, you must notify us immediately at hello@binhq.io.

You agree not to:

• Abuse, overload, or interfere with the BinHQ API or infrastructure in any way that degrades the service for other users.
• Attempt to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service.
• Use the Service for any illegal, fraudulent, or unauthorized purpose.
• Transmit any malware, viruses, or other harmful code through the Service.
• Violate any applicable laws, regulations, or third-party rights in connection with your use of the Service.

We reserve the right to suspend or terminate accounts that violate these terms, with or without prior notice.

Billing for BinHQ is handled through Shopify's billing system. By subscribing to a paid plan, you authorize Shopify to charge the applicable fees to your account.

Plans and pricing are subject to change. If we change pricing, existing subscribers on active plans will be grandfathered at their current rate until they voluntarily change their plan. We will provide reasonable notice of any pricing changes.

You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing cycle. No refunds are provided for partial billing periods.

We strive to maintain high availability of the Service. However, we do not guarantee 100% uptime. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

No service level agreement (SLA) is provided unless you are on an enterprise agreement with a separately negotiated SLA. We will make commercially reasonable efforts to minimize downtime and provide advance notice of planned maintenance when possible.

You agree to indemnify, defend, and hold harmless BinHQ, MindWerks, and their officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with:

• Your use of the Service
• Your violation of these Terms of Service
• Your violation of any rights of a third party
• Any claims by your customers related to fulfillment errors or order issues

Either party may terminate this agreement at any time. You may terminate by uninstalling BinHQ from your Shopify store. We may terminate or suspend your access to the Service at any time, with or without cause, and with or without notice.

Upon termination, your right to use the Service ceases immediately. Your data will be handled in accordance with our Privacy Policy, which provides that store data is deleted within 48 hours of Shopify sending the shop/redact webhook following uninstall.

Sections 8 (Limitation of Liability), 9 (Indemnification), 11 (Intellectual Property), and 13 (Governing Law) survive termination of this agreement.

Our software: BinHQ, including all code, design, features, documentation, and intellectual property associated with the Service, is owned by MindWerks. These Terms do not grant you any ownership rights in the Service. You are granted a limited, non-exclusive, non-transferable license to use the Service for its intended purpose during the term of your subscription.

Your data: You retain full ownership of your store data, product information, order data, and any other content you provide to or generate through the Service. We claim no ownership over your data.

We reserve the right to modify these Terms of Service at any time. When we make changes, we will update the "Last updated" date at the top of this page. We may also notify you of material changes via email or through the Service.

Your continued use of BinHQ after any changes to these terms constitutes your acceptance of the revised terms. If you do not agree to the updated terms, you must stop using the Service and uninstall the application.

These Terms of Service are governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions. Any disputes arising under or in connection with these terms shall be resolved exclusively in the state or federal courts located in Miami-Dade County, Florida. You consent to the personal jurisdiction of such courts.

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

• Email: hello@binhq.io
• Mail: MindWerks, 66 W Flagler St, 9th Floor, Miami, FL 33130, United States