Hosting Terms

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

These Hosting Terms (the "Hosting Terms") govern the hosting and domain services that Coded B.V., a private limited company (besloten vennootschap) incorporated under the laws of the Netherlands, with registered office at De Taling 15, 2761 SL Zevenhuizen, The Netherlands, registered with the Dutch Chamber of Commerce (Kamer van Koophandel) under number 42027097 and holding VAT identification number NL869368795B01 ("Coded", "we", "us", "our"), provides to the person or entity that registers for or uses a merchant account on the Coded platform (the "Merchant", "you", "your").

Coded B.V. is a wholly owned subsidiary of Coded Holding B.V. Coded operates internationally; the Netherlands is its country of registration and initial launch market, and the Platform serves merchants and their customers worldwide.

Coded provides hosting and domain infrastructure that enables Merchants to run their projects (their branded shops, sites, and other projects). In doing so, Coded acts as a hosting and intermediary service provider. Coded is not an online marketplace and is not the merchant, seller, or author of the content hosted on its infrastructure. The Merchant is responsible for the projects it operates and the content it hosts. These Hosting Terms describe the hosting and domain product Coded provides to Merchants.

These Hosting Terms form part of, and are supplemental to, the agreement between you and Coded under which you use the Platform — the Terms of Service and, where applicable, the Merchant Agreement (together, the "Agreement"). Capitalised terms not defined here have the meaning given in the Agreement. Where these Hosting Terms conflict with the Agreement on the subject of hosting and domain services specifically, these Hosting Terms control; on all other matters, the Agreement controls. By creating a merchant account, publishing a project, or otherwise using the Hosting Services, you agree to these Hosting Terms.

1. Definitions

• "Hosting Services" means the hosting, serving, storage, and related infrastructure that Coded makes available so that you can publish and operate your Projects, together with the Domain Services described in Section 3.
• "Platform" means the Coded platform, including the dashboard, tools, hosting, and related services that Coded makes available to Merchants.
• "Organization" means the account that owns and administers a Merchant's Projects, billing relationship, and team members on the Platform.
• "Project" means a branded online presence — a shop, site, or other project — that a Merchant creates, publishes, and operates through the Platform using the Hosting Services.
• "Merchant Content" means all data, text, images, files, product descriptions, branding, code, configuration, and other material that the Merchant or its users upload, create, publish, or otherwise make available through the Hosting Services.
• "Domain Services" means the registration, connection, renewal, forwarding, and management of domain names that Coded facilitates for your Projects, whether on a Coded-provided subdomain or a custom domain.
• "Registrar Partner" means [to be confirmed], the third-party domain registrar and/or DNS provider through which Coded facilitates domain registration and management.
• "Acceptable Use Policy" means the Acceptable Use Policy, as updated from time to time.
• "SLA" means the Service Level Agreement applicable to paid subscription tiers, as updated from time to time.

2. Scope of the Hosting Services

2.1 What Coded provides

Coded provides infrastructure that:

• serves your published Projects to their visitors over the public internet;
• stores Merchant Content associated with your Projects;
• provides Coded-managed subdomains and facilitates connection of custom domains (see Section 3);
• provisions and renews transport-layer security (TLS) certificates for Projects served through Coded's infrastructure; and
• applies platform-level security, monitoring, and operational measures as described in Section 8.

2.2 Hosting as an intermediary service

Coded provides the Hosting Services as a neutral, technical intermediary. Coded does not author, select, endorse, monitor in advance, or take editorial responsibility for Merchant Content. Coded stores and transmits Merchant Content at your direction and on your behalf. To the maximum extent permitted by applicable law — including the liability exemptions for hosting and intermediary service providers under EU Directive 2000/31/EC (the e-Commerce Directive) and Regulation (EU) 2022/2065 (the Digital Services Act), as implemented in the Netherlands — Coded is not liable for Merchant Content that it hosts, provided Coded acts in accordance with its obligations on notice of illegal content (see Section 7).

2.3 Tiers, beta, and changes

The specific resources, features, and limits of the Hosting Services depend on your subscription tier and are described on Coded's pricing page, in the documentation, or in an applicable order. Features designated as beta, preview, experimental, or "early access" are provided "as is", may change or be withdrawn, and are excluded from the SLA. Coded may modify the Hosting Services from time to time; where a change materially reduces core hosting functionality, Coded will give reasonable advance notice through the Platform or by email.

2.4 Service levels

Availability commitments, measurement, exclusions, and service-credit remedies for paid subscription tiers are set out in the SLA. Except as expressly stated in the SLA, the Hosting Services are provided without any availability guarantee, subject to Section 11.

3. Domain Services

3.1 Coded subdomains and custom domains

Coded provides each Project with a Coded-managed subdomain by default and enables you to connect a custom domain. Where you ask Coded to register or manage a custom domain on your behalf, Coded does so through its Registrar Partner; the underlying registration is subject to the Registrar Partner's terms and the policies of the relevant domain registry and ICANN, including applicable registration, transfer, renewal, and dispute-resolution rules.

3.2 Ownership and registrant status

Unless expressly agreed otherwise in writing, a custom domain that you provide or that Coded registers at your request and for your Project is registered for your benefit, and you are the beneficial owner of that domain. Coded-managed subdomains on Coded-owned domains remain the property of Coded and are licensed to you only for use with your Projects during the term of the Agreement.

3.3 Renewals, transfers, and expiry

You are responsible for ensuring domains are renewed and for any renewal, transfer, or restoration fees. Coded will use reasonable efforts to support renewal and to notify you of upcoming expiry where Coded manages the domain, but Coded is not responsible for the lapse, loss, suspension, or non-renewal of a domain, including where caused by non-payment, registry or registrar action, or your acts or omissions. On termination, you may request transfer of a custom domain you own, subject to Section 9 and to registrar transfer requirements (including any registry lock periods).

3.4 DNS abuse

Domains and DNS associated with your Projects are subject to the Acceptable Use Policy and to applicable DNS-abuse standards. Coded may act on reports of DNS abuse — including malware distribution, phishing, pharming, botnet command-and-control, and spam used to deliver such abuse — through suspension, lock, or other measures, and through the intake at report@coded.co.

4. Acceptable Use

Your use of the Hosting Services is subject at all times to the Acceptable Use Policy, which is incorporated into these Hosting Terms by reference. Without limiting that policy, you must not use the Hosting Services to host, serve, store, or transmit content or to carry out activity that:

• is illegal under applicable law, or infringes the intellectual property, privacy, publicity, or other rights of any person;
• contains malware, exploits, or code designed to disrupt, gain unauthorised access to, or impair any system, or that is used for phishing, fraud, or other deceptive activity;
• consumes resources in a manner that materially degrades the Platform for other Merchants, or that circumvents resource or fair-use limits (see Section 6); or
• otherwise breaches the Acceptable Use Policy, the Prohibited Businesses list, or applicable law.

Coded may act on violations as described in Sections 7 and 9.

5. Merchant Responsibility and Legal Compliance

5.1 Responsibility for Merchant Content

You are solely responsible for all Merchant Content you host through the Hosting Services and for all activity that occurs in or through your Projects, including activity by your users, staff, and integrations. You represent and warrant that you have all rights, licences, and consents necessary to host, publish, and process the Merchant Content and to operate your Projects.

5.2 Legal compliance

You are responsible for complying with all laws applicable to you and to your Projects, including consumer-protection, e-commerce, advertising, tax, product-safety, export-control, sanctions, and data-protection laws in each jurisdiction in which you operate or target customers. Coded's role as a hosting and intermediary provider does not make Coded responsible for your compliance, and nothing in these Hosting Terms transfers your legal obligations to Coded.

5.3 Data protection

Where Coded processes personal data on your behalf in providing the Hosting Services, it does so as a processor under the Data Processing Agreement, and the parties' respective roles, the Privacy Policy, and the Subprocessors list apply. You are the controller of personal data within your Merchant Content and are responsible for establishing a lawful basis for its processing.

5.4 Your own backups

While Coded performs platform-level backups (Section 9), you remain responsible for retaining your own independent copies of Merchant Content and other materials important to you, to the extent you require recovery beyond Coded's standard backup provision.

6. Resource and Fair-Use Limits

6.1 Fair use

The Hosting Services are subject to reasonable resource and fair-use limits — including storage, bandwidth, compute, request rate, and similar parameters — appropriate to your subscription tier and described in the documentation or pricing. These limits exist to protect the stability, security, and performance of the Platform for all Merchants.

6.2 Exceeding limits

If your usage materially exceeds the limits applicable to your tier or imposes a disproportionate or abusive load on the Platform, Coded may, acting reasonably: contact you to discuss an appropriate tier or arrangement; apply rate-limiting or throttling; require an upgrade; or, where usage threatens Platform stability or security and is not promptly remedied, suspend the affected activity in accordance with Section 9. Coded will use reasonable efforts to give notice before taking restrictive action, except where immediate action is needed to protect the Platform or other Merchants.

6.3 Prohibited resource use

You must not use the Hosting Services for general-purpose file storage, content-distribution, proxying, cryptocurrency mining, or other resource-intensive uses unrelated to operating your Projects, except as expressly permitted by your tier.

7. Reporting and Removal of Illegal Content

Coded acts as a host, not an author, and does not pre-screen Merchant Content. Coded operates a notice-and-action process for reports of illegal content and other violations, described in the Reporting Illegal Content notice. On receipt of a valid report, or where Coded otherwise obtains actual knowledge of illegal content or a violation of the Acceptable Use Policy, Coded may remove or disable access to the content, suspend the affected Project or Organization, notify the relevant authorities where required by law, and take other proportionate measures, in each case in accordance with applicable law and Coded's published process. Where lawful and appropriate, Coded will notify the affected Merchant and provide a means to respond. Reports may be submitted to report@coded.co.

8. Security Measures

Coded applies technical and organisational measures designed to protect the Hosting Services and Merchant Content, including: hosting of Platform data in the European Union (Frankfurt, Germany); encryption of data in transit using current TLS standards and encryption of data at rest; network and access controls; logging and monitoring; least-privilege administrative access; and provisioning of TLS certificates for Projects. Coded follows a privacy-by-design approach, and Coded does not sell or share Merchant Content or personal data for the commercial benefit of third parties. Further detail is set out in the Privacy Policy and the Subprocessors list. Security vulnerabilities can be reported under the Vulnerability Disclosure Policy or to security@coded.co. These Hosting Terms do not state any third-party security certification, and Coded makes no certification representation here.

9. Backups, Data Portability, and Suspension or Termination

9.1 Backups

Coded performs regular, platform-level backups of Platform data designed to support recovery from infrastructure failure or a disaster-recovery event. Backups are a Coded operational measure for the integrity of the Platform and are not a substitute for your own backups (Section 5.4). Backup frequency and retention are as described in the documentation and may change; Coded does not guarantee recovery of any specific item of Merchant Content.

9.2 Data portability and export

During the term and for a reasonable period after termination as described in Section 9.5, you may export Merchant Content associated with your Projects using the export tools Coded makes available, or by reasonable request to support@coded.co. Coded will use commercially reasonable efforts to facilitate export in a common, machine-readable format.

9.3 Suspension

Coded may suspend all or part of the Hosting Services, a Project, or an Organization where: (a) required by law or by a competent authority; (b) reasonably necessary to protect the security, integrity, or availability of the Platform or other Merchants; (c) you materially breach these Hosting Terms, the Acceptable Use Policy, or the Agreement, including by hosting illegal or prohibited content; or (d) fees are overdue (see Section 9.4). Coded will use reasonable efforts to give notice and, where the cause is curable, an opportunity to cure, except where immediate suspension is required to address a security, legal, or abuse risk.

9.4 Non-payment

If subscription or other fees due for the Hosting Services are overdue, Coded may, after reasonable notice, suspend the affected Projects or Hosting Services until payment is made and, if non-payment continues, terminate the Hosting Services for the affected Organization in accordance with the Agreement. Suspension for non-payment does not relieve you of accrued payment obligations.

9.5 Termination and post-termination

On termination of the Hosting Services or the Agreement, Coded will cease serving the affected Projects and may delete Merchant Content after a reasonable retention window, which Coded will endeavour to make no shorter than thirty (30) days from termination except where earlier deletion is required by law, by a valid removal order, or to address a security or abuse risk. During the retention window you may export your Merchant Content (Section 9.2) and request transfer of any custom domain you own (Section 3.3). After the retention window, Coded may permanently delete Merchant Content, subject to any data that Coded must retain to comply with law.

10. Disclaimers

To the maximum extent permitted by applicable law, and except as expressly stated in these Hosting Terms or the SLA, the Hosting Services are provided "as is" and "as available", and Coded disclaims all warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty that the Hosting Services will be uninterrupted, error-free, secure, or that any backup or recovery will succeed. Coded does not warrant the legality, accuracy, or fitness of any Merchant Content, which remains your responsibility. This Section does not exclude or limit any warranty or right that cannot be excluded or limited under applicable law, including mandatory consumer-protection law.

11. Liability

The limitations and exclusions of liability, and any liability cap, set out in the Terms of Service and the Agreement apply to these Hosting Terms and to the Hosting Services, and are incorporated here by reference. Without limiting those provisions and to the maximum extent permitted by applicable law: (a) Coded is not liable for loss of, or damage to, Merchant Content except to the extent caused by Coded's failure to meet its obligations under these Hosting Terms; (b) Coded is not liable for Merchant Content or for the acts or omissions of Merchants or their users, consistent with its role as a hosting and intermediary provider (Section 2.2); and (c) for paid subscription tiers, service credits under the SLA are your sole and exclusive remedy for failure to meet the availability commitment. Nothing in these Hosting 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 under mandatory law.

12. Changes to these Hosting Terms

Coded may update these Hosting Terms from time to time. Where a change materially affects your rights or the Hosting Services, Coded will provide reasonable advance notice through the Platform or by email before the change takes effect. Continued use of the Hosting Services after the effective date of an updated version constitutes acceptance, subject to any mandatory rights you have under applicable law.

13. Governing Law and Disputes

These Hosting Terms are governed by the laws of the Netherlands, and the courts of Amsterdam, the Netherlands have exclusive jurisdiction over any dispute arising out of or relating to them. This choice of law and forum does not deprive you of the protection of any mandatory provisions of the consumer-protection or other law of your country of residence or establishment that apply notwithstanding this choice. Coded operates internationally, and nothing in this clause limits any mandatory local rights you may have.

Contact

Questions about these Hosting Terms or the Hosting Services:

• General and legal: legal@coded.eu
• Privacy and data protection: privacy@coded.eu
• Security and operational incidents: security@coded.co
• Abuse, illegal content, and DNS abuse: report@coded.co
• Support and data export: support@coded.co
• Coded B.V., De Taling 15, 2761 SL Zevenhuizen, The Netherlands
• Netherlands Chamber of Commerce (KVK) number: 42027097
• VAT number: NL869368795B01
• Effective date: 11 June 2026

Coded B.V. is a private limited company registered in the Netherlands and is a subsidiary of Coded Holding B.V.