Legal

Terms of use

Last updated: 2 June 2026

These terms govern your use of bygild.com and any bygild service operated by us, including the client portal. bygild is operated by Khalid Mohamed, sole trader, based in London, United Kingdom (referred to in these terms as "bygild", "we", "us"). By using the site or signing up for the service, you agree to these terms.

1. Scope

These terms apply to:

  • Visitors to bygild.com (the "site") - sections 2 to 5 below.
  • Paying subscribers to the bygild client portal - all sections, including 6 onwards (the subscription terms).

If you are an existing client whose engagement is covered by a separately signed agreement, that agreement takes precedence over these terms wherever they conflict.

2. Acceptable use

You agree not to:

  • Attempt to access non-public areas, accounts, or data that are not yours
  • Send automated requests that interfere with normal operation of the site or service
  • Submit false, abusive, harassing, threatening, or unlawful content through any form
  • Probe, scan, or test the vulnerability of the site or service without our prior written consent
  • Use the service to send spam, distribute malware, infringe third-party rights, or carry out any activity that breaches UK law

We may suspend or terminate access immediately if we reasonably believe you are in breach of this section.

3. Intellectual property

The site (text, design, code, the "bygild" wordmark) is owned by Khalid Mohamed unless otherwise stated. The "bygild" mark is used in a trademark sense; UK trademark registration is in progress. You may not copy, mirror, frame, or republish the design or source code without written permission. Linking to the site is welcome.

The bygild client portal and engine (sometimes credited as "Powered by Gild") together with their UI, content, and underlying software are licensed to you, not sold. We retain all rights, title, and interest in the platform. Nothing in these terms transfers ownership of the platform to you.

4. Your data, your control

You own the data you upload to the bygild client portal ("Customer Data"). bygild acts as your data processor under a separately signed Article 28 Data Processing Agreement. You can export your data at any time during the subscription, and we will return or delete it within 30 days of termination. See our privacy notice for full detail on roles, sub-processors, and international transfers.

5. Founding-partner programme

By submitting your email through the founding-partner form on bygild.com, you agree to be contacted by us about the founding-partner programme. Submitting your email does not create any commercial or contractual obligation for either party. You can withdraw at any time by emailing hello@bygild.com. Any commercial relationship that follows will be governed by an additional written order form referencing these terms.

6. The subscription service

The bygild client portal is supplied as a software-as-a-service subscription. The specific plan, capacity, fees, and term applicable to your account are set out in the order form you sign when you subscribe.

Unless your order form says otherwise, the subscription runs for an initial 12-month term and renews automatically for further 12-month periods. Either party may cancel at least 30 days before the end of the current term. We may also terminate immediately for non-payment of fees more than 30 days overdue, or for material breach of these terms.

7. Fees and payment

Subscription fees are invoiced monthly in advance and are payable within 14 days of the invoice date. Invoices are issued in pounds sterling. All fees on the website are quoted inclusive of UK VAT where applicable. We reserve the right to adjust fees at renewal with at least 30 days' written notice; for the avoidance of doubt, in-term fee changes apply only by mutual written agreement.

Overdue invoices accrue interest at the statutory rate under the Late Payment of Commercial Debts (Interest) Act 1998. We may suspend the service if an invoice is unpaid for more than 14 days after the due date.

8. Service level and availability

We use commercially reasonable efforts to keep the service available 24/7, but we do not currently publish a formal SLA. The platform runs on shared hosting (Namecheap Stellar) fronted by Cloudflare and may have brief planned-maintenance windows. We will give reasonable advance notice for non-emergency maintenance that is likely to affect availability.

9. Support

Support is provided by email at hello@bygild.com during UK working hours (Monday to Friday, 09:00 to 18:00, excluding English bank holidays). We aim to acknowledge support requests within one working day. The number of "support hours" included per month is set out in your order form; we will let you know in advance if you are approaching your monthly limit.

10. Warranties and disclaimers

We warrant that the service will be provided with reasonable skill and care in line with industry standards. We do not warrant that the service will be uninterrupted, completely error-free, or that it will meet every business requirement you have not specifically agreed with us in advance. Beta features and any features marked "experimental" are provided on an as-is basis without warranty.

The service does not provide legal, tax, accounting, or compliance advice. You are responsible for ensuring your own use of the service complies with the laws and regulations that apply to your organisation.

11. Limitation of liability

Nothing in these terms limits or excludes any liability that cannot be limited or excluded under English law, including liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.

Subject to that, our total aggregate liability to you under or in connection with these terms (whether in contract, tort - including negligence, breach of statutory duty, or otherwise) is capped at the fees you have actually paid to us in the 12 months immediately preceding the event giving rise to the claim. We will not be liable for any indirect, consequential, or special loss, including (without limitation) loss of profits, loss of revenue, loss of business, loss of goodwill, or loss of anticipated savings.

You are responsible for keeping your own backups of any data you regard as business-critical. We take reasonable steps to back up the platform, but offsite restoration is on a commercially-reasonable-efforts basis and not guaranteed for every record.

12. Confidentiality

Each party will keep the other party's confidential information confidential, use it only to perform these terms, and protect it with at least the same degree of care it uses to protect its own confidential information. This obligation does not apply to information that is public, already known, independently developed, or required to be disclosed by law.

13. Sub-processors

We use a small set of named sub-processors to deliver the service (Cloudflare, Namecheap, Resend, Backblaze). The current list is in our privacy notice. We will give you at least 30 days' notice before adding a new sub-processor; you may object on reasonable data-protection grounds.

14. Termination and exit

Either party may terminate the subscription for convenience as described in section 6. Either party may terminate for cause if the other party (a) materially breaches these terms and fails to remedy the breach within 30 days of written notice, or (b) becomes insolvent.

On termination, we will (i) make your Customer Data available for export for at least 30 days, (ii) delete or return all Customer Data after the export window unless retention is required by law, and (iii) issue any final invoice for fees accrued up to the termination date. Sections that by their nature should survive termination (including 3, 4, 10, 11, 12, 14, 15, 16, 17) survive.

15. Changes to these terms

We may update these terms from time to time. The "last updated" date above shows when. Material changes that affect your rights or our obligations will be communicated to active subscribers by email at least 30 days before they take effect; non-material changes (typos, clarifications) may be made without separate notice.

16. Notices

Formal notices to us should be sent to hello@bygild.com with subject line beginning "Legal notice:". Formal notices to you will be sent to the primary admin email on your portal account. Each party is responsible for keeping its contact details current.

17. Governing law and jurisdiction

These terms are governed by the laws of England and Wales. Any dispute arising from these terms or your use of the bygild service is subject to the exclusive jurisdiction of the courts of England and Wales. We are open to good-faith mediation before either side issues proceedings.

18. General

If any part of these terms is held unenforceable, the remainder will continue in force. Failure to enforce a right is not a waiver of that right. You may not transfer or assign your rights without our written consent; we may transfer ours in connection with a sale or restructuring of the business with reasonable notice. There are no third-party beneficiaries (Contracts (Rights of Third Parties) Act 1999 is excluded).

Contact

Khalid Mohamed, trading as bygild, sole trader, London, United Kingdom.

hello@bygild.com

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