Beta & Preview Terms

Last updated: [TBD] · This is a working draft pending legal review.

These Beta & Preview Terms (the "Beta Terms") govern your access to and use of any feature, capability, program, or release of the Coded platform that is made available to you on a pre-release, trial, evaluation, early-access, closed beta, open beta, or preview basis (each, a "Beta Feature"). Beta Features are provided by Coded B.V., a private limited company registered in the Netherlands (a subsidiary of Coded Holding B.V.) ("Coded", "we", "us"). Coded operates internationally and makes the platform available to merchants worldwide; the Netherlands is our country of registration and initial launch market.

A "Beta Feature" includes any part of the platform that we identify as beta, preview, experimental, early access, or similar, whether identified in product, in documentation, in a sign-up flow, or in an invitation to a beta program (each, a "Beta Program"). The platform lets a merchant operate one or more branded online projects with a curated product catalog, built-in payments, and built-in fulfilment.

These Beta Terms apply in addition to, and form part of, our general Terms of Service (the "Main Terms"). Where these Beta Terms conflict with the Main Terms in respect of a Beta Feature, these Beta Terms control for that Beta Feature. Capitalised terms not defined here have the meaning given in the Main Terms.

1. Acceptance and eligibility

By enabling, requesting access to, or using a Beta Feature — or by accepting an invitation to a Beta Program — you agree to these Beta Terms on behalf of yourself and, where applicable, the Organization for which you act. If you do not agree, do not enable or use the Beta Feature.

You must have authority to bind your Organization, must hold an account in good standing, and must meet any additional eligibility criteria stated for a particular Beta Program (for example, a closed beta limited to invited participants). We may decline, suspend, or revoke access to any Beta Feature or Beta Program at our discretion.

In these Beta Terms, "Organization" is the tenant account under which a merchant operates, a "merchant" is the seller using the platform, and "projects" are the things a merchant creates and runs on the platform.

2. Nature of Beta Features

Beta Features are pre-release and are made available so that you can evaluate them and give us feedback. You acknowledge and agree that a Beta Feature:

is still in development and is not a generally available product;
may be incomplete, may contain bugs, errors, and defects, and may not operate correctly or at all;
may change materially, in whole or in part, at any time without notice;
may be suspended, limited, withdrawn, or discontinued at any time, and may never become generally available;
may behave differently from any documentation, roadmap, demonstration, or description; and
is not a substitute for, and should not be relied on as, a production-grade capability.

Any forward-looking statement about a Beta Feature is an expression of current intent only and is not a commitment. We are under no obligation to release, continue, or maintain any Beta Feature.

2.1 Production use is at your own risk

You decide whether to use a Beta Feature in connection with live projects, real customers, or real transactions. Because a Beta Feature may fail, change, or be withdrawn, you are responsible for maintaining your own backups, fallback arrangements, and contingency plans. We recommend that you do not rely on a Beta Feature for any activity where failure could cause loss, and that you evaluate it in a non-critical setting first.

3. "AS IS" — no warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH BETA FEATURE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. We expressly disclaim all warranties, conditions, and representations, whether express, implied, statutory, or otherwise, including any implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, title, and non-infringement, and any warranty arising from course of dealing or usage of trade.

We do not warrant that a Beta Feature will meet your requirements, will be available, uninterrupted, secure, timely, or error-free, that defects will be corrected, or that results obtained from its use will be accurate or reliable.

This Section does not exclude or limit any warranty or right that cannot be excluded or limited under the mandatory law of your jurisdiction. Where you are a consumer, you may have statutory rights that apply regardless of these Beta Terms; nothing here removes those rights.

4. No service levels or support commitments

Beta Features are not covered by any service level agreement, uptime commitment, availability target, maintenance window, support response time, or other service commitment, even where such commitments exist for the generally available platform. We may, but are not obligated to, provide support, fixes, or updates for a Beta Feature. We may change or remove a Beta Feature without prior notice and without liability.

5. Payments and fees during beta

Coded charges a 0% platform fee on a merchant's payment transactions. Merchants pay only the pass-through processing cost charged by our payment partners, Stripe and Mollie. Participating in a Beta Program does not change this.

Where a Beta Feature relates to payments, you understand that payment processing remains subject to the terms, rules, and availability of the relevant payment partner, and that the pre-release nature of the Beta Feature may affect its behaviour. Nothing in a Beta Feature alters your obligations, or the obligations of the payment partner, under the applicable payment terms.

Unless we state otherwise in writing for a specific Beta Program, access to a Beta Feature is provided at no separate charge. We may later make a feature available only under a paid subscription, and any subscription fees for publishing or running a project are governed by the Main Terms and the applicable pricing. Access to a Beta Feature does not entitle you to continued free access once a feature becomes generally available.

6. Feedback

"Feedback" means any suggestion, idea, comment, bug report, evaluation, data, recording, or other information you provide to us about a Beta Feature or the platform, in any form.

You grant Coded a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid-up, transferable, and sublicensable licence to use, reproduce, modify, create derivative works of, distribute, and otherwise exploit your Feedback for any purpose, including to develop, improve, and commercialise our products and services, without restriction and without any obligation or compensation to you.

You confirm that you have the right to provide the Feedback you submit and that it does not include any third party's confidential information or any personal data of a third party that you are not entitled to share. We are not obliged to use any Feedback. We may use Feedback without attributing it to you and without identifying you.

This Section does not transfer ownership of your underlying products, content, or data to us; it grants only the licence to the Feedback itself.

7. Confidentiality of unreleased features

A Beta Feature, and any non-public information you learn through it — including its existence where the Beta Program is identified as confidential, its functionality, performance, design, screenshots, documentation, roadmap, pricing under evaluation, and any defects — is our confidential information ("Confidential Information").

Unless we have made the relevant Beta Feature publicly available, or have given our prior written consent, you agree to:

keep the Confidential Information confidential and not disclose it to any third party;
use the Confidential Information only to evaluate and use the Beta Feature under these Beta Terms;
not publish, demonstrate, benchmark, screenshot, record, or describe the Beta Feature publicly, including on social media, in press, or in marketing; and
protect the Confidential Information using at least the same care you use for your own confidential information of similar importance, and no less than reasonable care.

Confidential Information does not include information that is or becomes public through no fault of yours, that you already lawfully held without a duty of confidentiality, that you lawfully receive from a third party free to disclose it, or that you independently develop without using our Confidential Information. You may disclose Confidential Information if required by law or by a court or regulator, provided that, where lawful, you give us prompt notice and reasonable cooperation so we can seek protective treatment.

These confidentiality obligations apply from the moment you receive the Confidential Information and survive termination of your access for as long as the information remains non-public.

8. Intellectual property

As between you and Coded, we and our licensors own all right, title, and interest in and to the platform and each Beta Feature, including all related intellectual property rights. These Beta Terms grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Beta Feature solely for evaluation under these Beta Terms, and nothing more.

You will not, except as permitted by mandatory applicable law: copy, modify, or create derivative works of a Beta Feature; reverse engineer, decompile, or disassemble it; circumvent its technical limitations; remove proprietary notices; or use it to build a competing product or to benchmark it for publication.

9. Privacy and data

Coded is built privacy-by-design. Our analytics are cookieless, and we do not sell or share personal data for cross-context behavioural advertising. Platform data is hosted in the European Union (Frankfurt) — a deliberate design feature that supports strong data protection while we serve merchants and their customers worldwide.

Our processing of personal data in connection with a Beta Feature is governed by our Privacy Policy and, where we act as a processor for an Organization, by the applicable data processing terms. We build data rights universally so that they apply across jurisdictions, including under the EU General Data Protection Regulation, US state privacy laws (including the California Consumer Privacy Act as amended by the California Privacy Rights Act), and other applicable frameworks.

Because a Beta Feature is pre-release, you should not submit sensitive personal data, special-category data, or data subject to heightened legal obligations through a Beta Feature unless we confirm in writing that it is suitable for that use. You remain responsible for ensuring you have a lawful basis to process any personal data you put into a Beta Feature and for honouring the rights of your own customers.

10. Term and termination

These Beta Terms apply for as long as you have access to any Beta Feature. We may suspend, limit, or terminate your access to any Beta Feature or Beta Program at any time, for any reason or no reason, with or without notice, and without liability. You may stop using a Beta Feature at any time.

On termination of access, you must stop using the Beta Feature and, if we ask, delete or return any related Confidential Information in your possession. Sections that by their nature should survive — including Feedback, confidentiality, intellectual property, disclaimers, limitation of liability, and governing law — survive termination.

11. Limitation of liability

THE LIMITATIONS IN THIS SECTION APPLY TO BETA FEATURES AND ARE IN ADDITION TO, AND DO NOT REDUCE, ANY LIMITATION OF LIABILITY IN THE MAIN TERMS. BECAUSE BETA FEATURES ARE PRE-RELEASE AND PROVIDED FREE OR FOR EVALUATION, THE FOLLOWING APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

We are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, business, data, or anticipated savings, arising out of or relating to any Beta Feature, even if advised of the possibility of such damages.
We are not liable for any loss or damage arising from your use of, or inability to use, a Beta Feature, including any defect, change, suspension, or withdrawal of the Beta Feature, or any loss of data or interruption to your projects, customers, or transactions.
Our total aggregate liability arising out of or relating to a Beta Feature will not exceed the greater of (a) the amounts you actually paid to Coded specifically for that Beta Feature in the three (3) months before the event giving rise to the claim, or (b) one hundred euros (EUR 100).

Nothing in these Beta Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or any other liability that mandatory applicable law does not allow to be excluded. Where you are a consumer, this Section applies only to the extent permitted by the mandatory consumer-protection law of your jurisdiction, and your statutory rights are unaffected.

12. Indemnity

To the extent permitted by applicable law, you will defend, indemnify, and hold harmless Coded and its affiliates from any claim, loss, or expense arising from your breach of these Beta Terms, your misuse of a Beta Feature, your breach of the confidentiality obligations above, or any data or content you submit through a Beta Feature in violation of law or third-party rights.

13. Changes to these Beta Terms

We may update these Beta Terms from time to time. If a change is material, we will take reasonable steps to notify you, for example in product or by email. Your continued use of a Beta Feature after an update takes effect means you accept the updated Beta Terms. If you do not accept them, stop using the Beta Feature.

14. Governing law and disputes

These Beta Terms are governed by the laws of the Netherlands, without regard to conflict-of-laws rules. The courts of Amsterdam, the Netherlands have jurisdiction over any dispute arising out of or relating to these Beta Terms or a Beta Feature.

This choice of law and forum does not deprive you of the protection of any mandatory provision of the law of your country of residence or place of business — including mandatory consumer-protection and data-protection law — that applies to you and that cannot be derogated from by agreement. Where such mandatory local law applies, it applies alongside these Beta Terms.

Contact

Questions about these Beta Terms or a Beta Program:

Coded B.V. — registered in the Netherlands. Chamber of Commerce (KvK) number: 42027097 VAT number: NL869368795B01 Registered address: De Taling 15, 2761 SL Zevenhuizen, The Netherlands Effective date: 11 June 2026