Terms of Service

1. The Service

Bingco provides tools for digital asset management, including forensic watermarking, blockchain anchoring, web scanning, secure file transfers, and digital licensing agreements (the "Service"). By uploading content, you certify that you are the original creator or authorized rights holder of that content.

2. Your Responsibilities & Prohibited Content

You agree that you are solely responsible for the content you upload and share. Bingco does not verify the ownership of files at the time of upload. If you upload or transfer content that you do not own, you indemnify Bingco against any legal claims arising from that action.

You are strictly prohibited from uploading content that is illegal, depicts child exploitation, violates international law, or contains malicious code. Bingco reserves the right to immediately terminate accounts and cooperate with law enforcement if such content is detected.

3. Export Controls & International Sanctions

By using Bingco, you represent and warrant that you are not located in, under the control of, or a national or resident of any country or region subject to comprehensive international sanctions (including, but not limited to, Crimea, Cuba, Iran, North Korea, and Syria).

Furthermore, you warrant that you are not listed on any relevant government list of prohibited or restricted parties, such as the US Treasury's Specially Designated Nationals List (OFAC) or the Australian Consolidated List. You agree to comply strictly with all applicable export control laws.

4. Secure Transfers & Temporary Storage

Bingco provides a secure file transfer service for delivering assets and project files to clients. You acknowledge and agree that this is a temporary delivery mechanism, not a permanent cloud backup or data storage solution.

Uploaded attachments and project files will be permanently and irrevocably deleted from our servers upon the expiration of the transfer link (3, 7, or 30 days depending on your subscription tier) or upon manual revocation by the user. Bingco shall not be held liable for any lost, deleted, or unrecoverable files once a transfer expires.

5. Digital Licenses & Contracts

Bingco provides standardized templates for digital licensing agreements (e.g., Commercial, Personal, Exclusive). These templates are provided "as-is" for your convenience and do not constitute legal advice.

We make no warranties or representations regarding the legal enforceability or adequacy of these agreements in your specific jurisdiction. You are solely responsible for reviewing, modifying, and ensuring the terms meet your specific business needs and local legal requirements.

6. No Legal Advice

The informational tools provided by Bingco do not constitute legal advice or an attorney-client relationship. You should consult with a qualified attorney before taking legal action against infringers.

7. Limitation of Liability

To the maximum extent permitted by law, Bingco shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses.

Cap on Direct Liability: Our total cumulative liability to you for direct damages arising under or in connection with these Terms, whether in contract, tort (including negligence), statute, or otherwise, shall not exceed the total fees paid by you to Bingco in the twelve months immediately preceding the event giving rise to the claim.

Australian Consumer Law: Nothing in this section excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other applicable non-excludable right that cannot lawfully be limited or excluded.

8. Subscriptions, Billing & Refunds

Bingco operates on a recurring subscription model. By selecting a subscription plan, you agree to pay the monthly or annual fees associated with that tier. Subscriptions automatically renew unless canceled prior to the end of the current billing cycle.

Usage Limits: Each subscription tier includes specific monthly limits for Active Assets and Manual Scans. Unused scans or capacity do not roll over to the next billing cycle. If you exceed your limits, you must upgrade your plan to continue using those specific services.

Refunds & Cancellation: If you are not satisfied within 14 days of your first paid month, contact us at support@bingco.co and we will issue a full refund. After that initial 14-day period, all subscription payments are non-refundable. You may cancel your subscription at any time through your Account Settings, and you will retain access to the paid features until the end of your current billing period. Upon cancellation or failure to pay, your account will be downgraded to the free tier (5 assets). Assets beyond the free tier limit will be soft-locked in the vault UI — they remain in storage and their blockchain anchors and certificates remain independently verifiable — but you will not be able to view or manage them through the vault until you resubscribe. Assets are only permanently deleted if you explicitly request account deletion.

Australian Consumer Law: Nothing in this section excludes, restricts, or modifies any consumer guarantee or non-excludable right you may have under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded.

9. Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, remedy, or liability that is conferred by the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any equivalent State or Territory legislation, to the extent that such exclusion, restriction, or modification would be unlawful.

Where our liability for a failure to comply with a consumer guarantee cannot be excluded but can be limited, our liability is limited (at our election) to resupplying the services or paying the cost of having the services supplied again.

10. Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia, without regard to its conflict of law provisions.

You agree that the courts of Victoria, Australia have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter. Nothing in this clause limits your rights under the Australian Consumer Law or prevents either party from seeking urgent interlocutory relief in any jurisdiction.