ByNoon — Terms of Service

Last updated: 2026-05-23.

These Terms of Service (the "Terms") govern your access to and use of the ByNoon platform (the "Services") provided by ByNoon ("ByNoon", "we", "us"), a company registered in the Netherlands with KVK number 99844664 and BTW number NL005415979B23. The Services are designed for use by businesses, professionals acting in a business capacity, or other organisations (collectively "Customer", "you"). By creating an account, accepting an onboarding link, or otherwise using the Services, you accept these Terms.

1. Definitions

  • "Account" means the user record created via Supabase Auth that identifies a natural person authorised to use the Services.
  • "Workspace" means a collection of one or more Projects together with billing, member, and configuration data, tied to a single Subscription.
  • "Project" means a website that you build, configure, publish, and host using the Services.
  • "Customer Data" means any content, files, configuration, or other data that you upload to or generate within the Services in the course of operating a Workspace or Project.
  • "Personal Data" has the meaning given in the GDPR (Regulation (EU) 2016/679).
  • "Subscription" means a paid plan (Pro, Team, or Enterprise) attached to a Workspace.
  • "DPA" means the Data Processing Agreement available at /legal/dpa, incorporated by reference.

2. Eligibility — business use only

The Services are offered to businesses, professionals acting in a business capacity, and other organisations. By accepting these Terms you represent that you are entering into them in the course of a trade, business, craft, or profession, and not as a consumer in the sense of Article 6:230g of the Dutch Civil Code. You expressly waive the consumer cooling-off rights set out in Articles 6:230o–6:230v of the Dutch Civil Code, as permitted by Article 6:230p sub b (digital service performed with the consumer's explicit prior consent before the withdrawal period expires).

If you are an individual entering into these Terms on behalf of an organisation, you represent that you are authorised to bind that organisation.

3. The Services

ByNoon provides a website-builder platform that allows you to create, publish, and host websites. The Services are provided as a service — you do not receive a copy of the underlying software. Specific feature availability per Subscription tier is described at our pricing page and in our Services Agreement (where one applies to your plan).

We may evolve the Services over time. We will not materially reduce the core functionality of any paid Subscription without giving you at least 30 days' prior notice via email to your Workspace owner.

4. Account and Workspace

You are responsible for:

  • safeguarding the Account credentials used to access your Workspace;
  • ensuring that everyone you grant access to your Workspace complies with these Terms;
  • the accuracy of the information you provide during onboarding and in your Workspace settings.

You must notify us promptly at [email protected] of any unauthorised access to your Account or Workspace.

5. Fees and payment

5.1 Fees

Fees for the Subscriptions are as set out in our pricing page or, where a Services Agreement applies, in that agreement. Per-published-project base fees and metered usage overage charges apply as documented in our pricing and in your Workspace billing settings. All fees are stated exclusive of VAT, which is added in accordance with Dutch and EU tax law.

5.2 Payment

You authorise us to charge your selected payment method (card or SEPA direct debit) for all fees due. Stripe Payments Europe Ltd. processes payments on our behalf; the SEPA mandate you grant during onboarding authorises ByNoon, via Stripe, to initiate recurring debits from the IBAN you provide.

5.3 Late payment

If a payment fails, we may suspend the Workspace's paid features after a grace period of at least seven (7) days from the failed-payment notice, and downgrade the Workspace to the Free tier after Stripe's exhaustion of retries (typically a further 3–4 days). Stranded paid resources (custom domains, team-member access) enter a 7-day grace window before being suspended.

5.4 Tax

VAT is calculated and collected via Stripe Tax. For business customers established within the EU outside the Netherlands who provide a valid VAT-ID, we apply the EU reverse-charge mechanism. You are responsible for the accuracy of your billing address and VAT-ID.

6. Acceptable use

You will not use the Services to:

  • violate any applicable law or regulation;
  • infringe any third-party intellectual-property right;
  • distribute malware, spyware, or other harmful code;
  • send unsolicited communications (spam);
  • collect or process Personal Data in violation of the GDPR or your local data-protection law;
  • attempt to interfere with the operation, security, or integrity of the Services or any other Customer's Workspace.

We may suspend or terminate access to a Workspace that materially breaches this clause, with notice where practicable.

7. Customer Data and intellectual property

7.1 Customer Data

You retain all right, title, and interest in your Customer Data. You grant ByNoon a worldwide, royalty-free, non-exclusive licence to host, copy, transmit, and display your Customer Data solely to provide the Services to you.

7.2 Platform IP

ByNoon and our licensors retain all right, title, and interest in the Services, including the underlying software, templates, design system, and documentation. Subject to your compliance with these Terms, we grant you a worldwide, non-exclusive, non-transferable licence to use the Services during the term of your Subscription.

8. Data protection

The processing of Personal Data by ByNoon as a processor on behalf of Customer is governed by the DPA at /legal/dpa, which is incorporated into these Terms by reference. The Privacy Policy at /legal/privacy describes the Personal Data ByNoon processes as a controller.

9. Confidentiality

Each party may receive confidential information from the other. Each party will (i) use the other's confidential information only to perform under these Terms, (ii) protect it with the same care it uses for its own confidential information (and at least reasonable care), and (iii) not disclose it to third parties except subprocessors bound by equivalent confidentiality obligations. These confidentiality obligations survive termination for three (3) years.

10. Warranties and disclaimers

ByNoon warrants that the Services will perform substantially in accordance with the documentation. To the maximum extent permitted by Dutch law, the Services are provided "as is" and ByNoon disclaims all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

Nothing in these Terms excludes or limits liability for fraud, fraudulent misrepresentation, or any other liability that cannot be excluded under Dutch law.

11. Limitation of liability

To the maximum extent permitted by Dutch law, ByNoon's aggregate liability under or in connection with these Terms is capped at the fees paid or payable by Customer to ByNoon in the twelve (12) months immediately preceding the event giving rise to the claim.

ByNoon is not liable for indirect, incidental, consequential, or punitive damages, including loss of profits, loss of data (other than restoration from our most recent backups), or loss of business opportunity.

This clause does not limit liability that cannot be limited under Dutch law (including liability for intent, gross negligence, personal injury, or death).

12. Term and termination

12.1 Term

These Terms apply for the duration of your Subscription. Free-tier access continues until you delete your Account; paid Subscriptions renew automatically per the cadence (monthly or annual) selected in your billing settings.

12.2 Termination for convenience

You may cancel any Subscription at any time from your billing settings. Cancellation takes effect at the end of the current billing period (no refund of the current period's fees, except where required by law).

12.3 Termination for cause

Either party may terminate immediately on written notice if the other party materially breaches these Terms and fails to cure the breach within thirty (30) days of being notified in writing.

12.4 Effect of termination

On termination, ByNoon will (i) suspend your access to paid features, (ii) make a JSON export of your Customer Data available for download for at least thirty (30) days, and (iii) permanently delete your Customer Data thirty (30) days after termination, subject to legal retention obligations (notably the seven-year retention of invoice and consent records under Dutch tax and GDPR law).

13. Modifications

We may modify these Terms by publishing an updated version with an updated "Last updated" date. Material changes will be notified via the in-app re-consent gate that runs on every signed-in entry — you will be required to accept the new version before continuing to use the Services. If you do not accept, you may terminate as set out in section 12.

14. Governing law

These Terms are governed by the laws of the Netherlands, excluding its conflict-of-laws provisions and the UN Convention on Contracts for the International Sale of Goods.

15. Forum

Any dispute arising out of or in connection with these Terms is subject to the exclusive jurisdiction of the District Court of Amsterdam (Rechtbank Amsterdam), the Netherlands.

16. Miscellaneous

  • Entire agreement. These Terms, together with the Privacy Policy, the DPA, and (where applicable) the Services Agreement, form the entire agreement between you and ByNoon and supersede any prior agreement on the subject matter.
  • Severability. If any provision of these Terms is held unenforceable, the remaining provisions remain in full force.
  • Assignment. You may not assign these Terms without our prior written consent (not to be unreasonably withheld). We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of all or substantially all of our assets.
  • No waiver. A failure to enforce any right under these Terms is not a waiver.
  • Notices. Notices to ByNoon should be sent to [email protected]. Notices to Customer are sent to the Workspace-owner email on file.
Version 1