Terms of Service

These Terms of Service (“Terms”) are an agreement between you and MyMetrix LLC, a Florida limited liability company (“MyMetrix”, “we”, “us”), 10030 Daybreak Gln, Parrish, FL 34219, United States. They govern your use of the BinderTastic apps for iPad, iPhone and Mac, the BinderTastic cloud service and this website (together, the “Services”).

Please read Section 15 carefully: it requires most disputes to be resolved by individual arbitration and waives class actions. By creating an account, downloading or using the Services, you agree to these Terms and to our Privacy Policy. If you use the Services on behalf of an organization, you agree to these Terms for that organization and confirm you are authorized to do so.

1. Eligibility and accounts

You must be at least 13 years old (or the minimum age of digital consent in your country) and able to form a binding contract to use the Services. Some features require an account. You are responsible for keeping your sign-in credentials and devices secure and for activity under your account. Tell us promptly at support@mymetrix.co if you suspect unauthorized use.

2. The Services

BinderTastic lets you organize documents into binders, annotate and handwrite on them, and optionally sync them across your devices. We may change, add or remove features over time. If we remove a material feature of a paid plan, we will give you reasonable notice.

Preview features. Features labeled preview, beta or early access are provided for evaluation, may contain errors, and may change or be discontinued. Please keep your own copies of important documents while using preview releases.

3. Plans, subscriptions and billing

• Free and paid plans. The Services are offered under a free plan and paid subscription plans with the features and limits (such as storage) described at purchase.
• App Store purchases. Subscriptions bought in the apps are sold and billed by Apple under Apple’s terms. They renew automatically at the end of each period unless cancelled at least 24 hours before renewal in your Apple account settings. Refunds for App Store purchases are handled by Apple.
• Free trials. If a plan includes a free trial, it converts to a paid subscription at the end of the trial unless cancelled before it ends.
• Price changes. We may change prices for future periods. We will notify you in advance, and where required you will be asked to accept the new price before it applies.
• Business plans. Teams and Enterprise are billed on this website through Stripe, not through the App Store. They are governed by these Terms and any order form or agreement we sign with your organization, which controls if it conflicts with these Terms. Pro is not sold on the website.
• Taxes. Prices exclude applicable taxes unless stated otherwise.

If a subscription ends. Your binders stay on your devices, and you can still open, edit and export them there. We keep your cloud copies for 365 days, read-only: you can sign in, read, download and export everything, but nothing new syncs until you renew. We will remind you by email and in the app before the end. After 365 days your cloud copies are subject to deletion. Nothing on your devices is ever deleted by us. Content under a legal hold set by your organization is not deleted while the hold stands.

4. Your content

You keep all rights in the documents, annotations, notes and other material you add to the Services (“Content”). You grant MyMetrix a worldwide, non-exclusive, royalty-free license to host, store, copy and transmit your Content only as needed to provide, secure and support the Services for you (for example, to sync it and keep versions). Content you sync is encrypted on your device before it reaches us. We do not receive the keys and cannot read it. Search, text recognition and display happen on your devices. This license ends when your Content is deleted from the Services, except for copies in backups that are deleted on their normal cycle.

You are responsible for your Content and confirm that you have the rights needed to add it to the Services and to share it. We do not use your Content to train artificial-intelligence models.

Backups. We design the Services to protect your work, including version history. You remain responsible for keeping independent copies of Content you cannot afford to lose.

5. Acceptable use

You agree not to, and not to help others to:

• use the Services to violate any law or anyone’s rights, including intellectual-property and privacy rights;
• upload malware or content that is illegal, including child sexual abuse material;
• attempt to access accounts or data that are not yours, or probe, scan or test the vulnerability of the Services except through responsible disclosure to support@mymetrix.co;
• interfere with or overload the Services, or use automated means to access them except through features we provide;
• reverse engineer the Services except where the law permits it despite this restriction;
• resell or provide the Services to third parties as a hosting or storage service, or use them to build a competing product.

We may remove Content or suspend access that we reasonably believe violates these Terms or the law.

6. Optional AI features

If you enable AI features, you instruct us to send the relevant Content to the AI provider identified in the app to produce your result. AI output can be inaccurate or incomplete; review it before relying on it. You are responsible for how you use AI output.

7. Sharing and organizations

When you share a document or binder, recipients can view or edit it as you permit, and may keep copies. If your account is provided by an organization, the organization’s administrator may control your account, access your Content and set policies, and the organization’s agreement with us may also apply.

8. Our intellectual property

The Services, including the software, design, and the BinderTastic name and logos, are owned by MyMetrix and its licensors and are protected by law. Subject to these Terms, we grant you a personal, non-exclusive, non-transferable, revocable license to use the apps on Apple devices you own or control, as permitted by the App Store usage rules. If you send us feedback or ideas, we may use them without obligation to you.

9. Third-party services

The Services rely on third parties such as Apple and Google, and may let you open or share Content with other apps. Their services are governed by their own terms, and we are not responsible for them.

10. Copyright complaints

If you believe Content in the Services infringes your copyright, send a notice under the U.S. Digital Millennium Copyright Act to our designated agent at MyMetrix LLC, 10030 Daybreak Gln, Parrish, FL 34219, or support@mymetrix.co, with the information required by 17 U.S.C. § 512(c)(3). We may terminate accounts of repeat infringers.

11. Termination

You may stop using the Services and delete your account at any time. We may suspend or terminate your access if you materially breach these Terms, if required by law, or if we discontinue the Services. Unless the termination is for a serious breach or legal reason, we will give you at least 30 days’ notice and a chance to export your Content. Sections that by their nature should survive termination (including 4, 8, 12–16) survive.

12. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, MYMETRIX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR THAT CONTENT WILL NEVER BE LOST. Some jurisdictions do not allow these exclusions, so they may not apply to you.

13. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MYMETRIX WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA OR GOODWILL, ARISING FROM OR RELATING TO THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. MYMETRIX’S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) US $100. These limits do not apply where the law does not allow them.

14. Indemnity

If you use the Services for business purposes, you will defend and indemnify MyMetrix against third-party claims arising from your Content or your violation of these Terms or the law, to the extent permitted by law.

15. Disputes, arbitration and governing law

Informal resolution. Before filing a claim, you and we agree to try to resolve the dispute informally for 60 days by written notice (to us at support@mymetrix.co and our address above).

Arbitration. If not resolved, any dispute arising from these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules (or Commercial Rules for business users). Either party may instead bring an individual claim in small-claims court, and either party may seek injunctive relief in court for intellectual-property misuse.

Class action waiver. Disputes will be resolved only on an individual basis, not as a class, collective or representative action.

Opt out. You may opt out of arbitration by emailing support@mymetrix.co within 30 days after first accepting these Terms.

Governing law and venue. These Terms are governed by the laws of the State of Florida and applicable U.S. federal law, without regard to conflict-of-laws rules. Any court proceedings permitted by these Terms will be brought in the state or federal courts located in Manatee County, Florida. If you are a consumer in a country whose law gives you the right to bring claims in your local courts or under your local law, nothing here takes that right away.

16. Apple App Store terms

If you downloaded the apps from the Apple App Store, you and MyMetrix acknowledge that: these Terms are between you and MyMetrix only, not Apple; MyMetrix, not Apple, is solely responsible for the apps and their content; the license granted to you is limited to use on Apple-branded products you own or control, as permitted by the App Store usage rules; Apple has no obligation to provide maintenance or support for the apps; if the apps fail to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any), and Apple has no other warranty obligation; MyMetrix, not Apple, is responsible for addressing any claims relating to the apps, including product-liability claims, claims that the apps fail to conform to legal or regulatory requirements, and consumer-protection claims; MyMetrix, not Apple, is responsible for the investigation, defense, settlement and discharge of any third-party claim that the apps infringe intellectual-property rights; you represent that you are not located in a country subject to a U.S. Government embargo or designated as “terrorist supporting”, and are not on any U.S. Government list of prohibited or restricted parties; you must comply with applicable third-party terms when using the apps; and Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

17. General

These Terms, with the Privacy Policy and any order form, are the entire agreement between you and MyMetrix about the Services. If a provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets. We may update these Terms; if changes are material, we will notify you in advance, and continued use after they take effect means you accept them.

18. Contact

MyMetrix LLC
10030 Daybreak Gln
Parrish, FL 34219
United States
support@mymetrix.co