This Public Offer Agreement (the “Agreement”) is a legally binding offer (the “Offer”) made by Bintime BV, a company duly registered under the laws of the Kingdom of the Netherlands, having its principal office at De Liesbosch 12d, 3439 LC Nieuwegein, The Netherlands (the “Company”), to any individual or legal entity (the “Customer”) regarding the use of the freemium version of the product or service provided by the Company (the “Freemium Version of the Product”).
1.1 Freemium Version of the Product
Refers to the product or service offered by the Company under this Agreement, available free of charge with limited features and functionality.
1.2 Customer
Means any individual or legal entity that accepts this Agreement and uses the Freemium Version of the Product.
1.3 Company
Refers to Bintime BV, which is offering the Freemium Version of the Product.
1.4 Platform
Refers to the Gepard PIM Platform, the underlying system used to deliver the Freemium Version of the Product.
2.1 This Agreement applies to the Customer’s use of the Freemium Version of the Product.
2.2 By accepting this Agreement, the Customer agrees to use the Freemium Version of the Product in accordance with the terms and conditions outlined herein.
3.1 The Agreement is deemed accepted when the Customer registers or creates an account on the Company’s Platform to access and use the Freemium Version of the Product.
3.2 By accepting this Agreement, the Customer agrees to be bound by its terms and conditions and acknowledges that the Freemium Version of the Product is provided “as is,” with no warranty or guarantee of performance.
4.1 Scope of Freemium Features
The Freemium Version of the Product includes a limited set of features as outlined on here. Specific technical and functional limits (e.g., on the number of products, data storage, export operations, or integrations) may apply.
The Freemium version of the Product provides access to the core modules of the Gepard Platform, including but not limited to data dashboards, import and export functionality, and product information management tools.
This version is offered with predefined technical and functional limitations, which may include restrictions on the number of products, data storage, export operations, or access to specific advanced features.
The Freemium version is provided “as is” and may be subject to change at the Company’s discretion. The current scope of access and applicable limitations shall be communicated to the Customer through official product documentation or other communication channels.
Additional services and extended functionality, such as access to specific connectors (e.g., Amazon, Mirakl) or other premium integrations, may be made available for an additional fee, as specified by the Company.
4.2 Usage Rules
You may use the Freemium Version of the Product:
4.3 Prohibited Usage
You may not use the Freemium Version of the Product if you intend to engage in any business (now or in the future) that competes directly or indirectly with the Company or if you plan to offer a similar software solution or service.
4.4 Right to Terminate Freemium Access
The Company reserves the right to terminate the Freemium Version of the Product or your access thereto at any time, by providing notice at least 15 days prior to such termination:
4.5 Freemium Service Characteristics
4.6 Marketing Consent
You agree that the Company may use your contact information for marketing and commercial purposes, as well as for other legitimate interests in compliance with applicable law.
4.7 Modifications to Freemium Limits
The Company reserves the right to modify usage limits or feature restrictions at any time without prior notice. Continued use of the Freemium Version of the Product constitutes acceptance of such modifications.
4.8 Upgrades and Premium Features
Additional services and advanced functionality—such as certain connectors (e.g., Amazon, Mirakl) or premium integrations—may be available for an additional fee. Their availability and pricing are subject to separate terms.
By using the Company’s AI-powered services, you acknowledge and agree to the following:
6.1 The Freemium Version of the Product is offered free of charge, subject to the limitations described in this Agreement.
6.2 If the Customer chooses to upgrade to any paid plan or purchase premium features, the relationship for those paid features will be governed by additional or separate terms and conditions, including payment provisions.
7.1 Company’s Rights
7.2 Customer’s Rights
7.3 Customer’s Obligations
8.1 By the Customer
The Customer may terminate this Agreement at any time by ceasing to use the Freemium Version of the Product. A written notice (e.g., via email) to the Company is recommended if the Customer wishes to formally confirm termination and have its account and data removed.
8.2 By the Company
The Company may terminate or suspend the Customer’s access to the Freemium Version of the Product by providing at least 15 days’ prior notice:
8.3 Remedy Period (Appeal Procedure)
If the Company identifies an alleged breach or other damage caused by the Customer’s use of the Freemium Version of the Product, it may provide the Customer with a 14-day period to remedy the breach or dispute any claim before final termination is enforced.
8.4 Data Retention
In the event of account inactivity or termination, the Company may retain Customer data for up to 1 month, after which it will be deleted.
9.1 Privacy Policy
By using the Freemium Version of the Product, the Customer agrees to the Company’s Privacy Policy, which describes how the Company collects, uses, and safeguards personal data. The Privacy Policy is available at https://gepard.io/privacy-policy
9.2 Promotional Communications
The Customer grants the Company the right to process personal data necessary for the operation of the Freemium Version of the Product and to send promotional or service-related communications.
9.3 License to Use Customer Data
The Customer grants the Company a worldwide, limited-term, non-exclusive license to reproduce, store, distribute, publish, export, adapt, edit, and translate the Customer’s data as reasonably necessary for the Company to meet its obligations under this Agreement. The Company may sublicense these rights only to its service providers (e.g., hosting, telecommunications).
10.1 Disclaimer of Warranties
The Freemium Version of the Product is provided “as is” and “as available.” The Company makes no representations or warranties of any kind—express, implied, statutory, or otherwise—regarding functionality, performance, error-freeness, or suitability for the Customer’s needs.
10.2 Limitation of Liability
The Company shall not be liable for any damages arising out of or in connection with the Customer’s use or inability to use the Freemium Version of the Product, including indirect, consequential, or punitive damages.
10.3 Exclusions
The Company shall not be liable for the inability to use the Product due to:
10.4 Software Defects and Security
The Customer acknowledges that complex software is never wholly free from defects or security vulnerabilities. The Company does not warrant that the Freemium Version of the Product will be entirely error-free or fully secure.
10.5 Force Majeure
The Company is not liable for any losses caused by force majeure events.
10.6 Non-Compatibility
The Company does not warrant that the Freemium Version of the Product will be compatible with any third-party software or systems unless explicitly stated.
11.1 No Transfer of IP
Nothing in this Agreement assigns or transfers any intellectual property rights from the Company to the Customer.
11.2 Ownership
All rights to the Freemium Version of the Product, including but not limited to software, domain names, source code, designs, processes, and trade secrets, are and remain the exclusive property of the Company.
11.3 Breach of IP Rights
If the Customer infringes or otherwise violates the Company’s intellectual property rights, the Customer shall be liable for all damages, including legal costs and attorneys’ fees, incurred by the Company.
11.4 No Unauthorized Use
The Customer is prohibited from any unauthorized copying, modification, or distribution of materials related to the Freemium Version of the Product.
12.1 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Kingdom of the Netherlands, without regard to its conflict of laws principles.
12.2 Venue
Any disputes arising from or relating to this Agreement shall be resolved through negotiation. If a dispute cannot be resolved amicably, it shall be referred to the competent courts of Amsterdam, the Netherlands.
13.1 Entire Agreement
This Agreement represents the entire understanding between the Company and the Customer regarding the use of the Freemium Version of the Product, superseding any prior agreements or discussions.
13.2 Severability
If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.
13.3 Changes to the Agreement
The Company may change or update this Agreement at any time by posting the updated version on its website. Continued use of the Freemium Version of the Product constitutes acceptance of the revised terms.
By registering for or using the Freemium Version of the Product, you acknowledge that you have read, understood, and agree to be bound by this Agreement.
Bintime BV
De Liesbosch 12d
3439 LC Nieuwegein
The Netherlands
If you have any questions about this Agreement, please contact us at [[email protected]].