Terms of Service

1. The Services

Perkstar provides a digital loyalty platform that lets Operators create and run loyalty cards, membership cards, and similar programmes that integrate with Apple Wallet and Google Wallet. The Services include, depending on the Operator's plan: card creation tools, enrolment flows, Cardholder communications (email, SMS, push), analytics, point-of-sale integrations, an operator dashboard, and an API.

Perkstar may add, change, or remove features at any time. We will give reasonable notice of any change that materially reduces the functionality of the Services and is not required by law or by a vendor of ours.

2. Plans, fees, and billing

Plans. The Services are available on tiered subscription plans (currently Starter, Growth, and Scale). Current pricing and plan inclusions are published at https://perkstar.co.uk/pricing.

Billing cycle. Subscriptions are billed in advance, monthly or annually as selected by the Operator at signup. The billing cycle starts on the day of signup or, where a trial applies, on the day the trial ends.

Auto-renewal. Subscriptions renew automatically for successive periods of the same length unless cancelled before the renewal date.

Taxes. Fees are stated exclusive of VAT and other applicable taxes. We add VAT and other taxes where required by law.

Payment. Payment is processed by Stripe. The Operator authorises Perkstar (and Stripe acting on Perkstar's behalf) to charge the payment method on file for all amounts due. If a payment fails, we may retry the charge and may suspend the Services until payment is received.

Price changes. We may change subscription fees on at least 30 days' written notice. If the Operator does not accept the new fees, the Operator may cancel before the new fees take effect; cancellation in those circumstances is the Operator's exclusive remedy.

Refunds. Subscription fees are non-refundable except where required by law. Where the Operator terminates for an uncured material breach by Perkstar in accordance with clause 13, we will refund prepaid fees for the unused portion of the current term on a pro-rata basis.

3. Trial periods and promotions

Where the Services are offered with a free trial or promotional pricing, the trial or promotion is on the terms stated at the point of signup. Unless otherwise stated, the subscription automatically converts to the relevant paid plan at standard pricing at the end of the trial, and the payment method on file is charged on that date.

4. Operator account and security

The Operator is responsible for:

• maintaining the confidentiality of its login credentials and API keys;
• the activity of any user it grants access to its account; and
• promptly notifying us of any unauthorised access by emailing security@perkstar.co.uk.

We may require multi-factor authentication on Operator accounts (see Schedule 2 of the DPA). We may suspend any user account on reasonable grounds related to security.

5. Operator content and data

Operator Content means the brand assets, programme configuration, Cardholder records, marketing copy, and any other data the Operator uploads to, imports into, or generates through, the Services.

Ownership. The Operator retains all rights in Operator Content.

Licence to Perkstar. The Operator grants Perkstar a worldwide, non-exclusive, royalty-free licence to host, process, transmit, display, and otherwise use Operator Content solely to provide the Services, to enforce these Terms, and to comply with applicable law. Perkstar will not use Operator Content for any other purpose and will not use it to train any artificial intelligence model.

Operator warranties. The Operator warrants that it has all rights necessary to upload Operator Content to the Services and to grant the licence above; that Operator Content does not infringe any third-party right; and that the Operator has all necessary lawful bases and consents to instruct Perkstar to process any personal data within Operator Content (see DPA clause 7). This includes any Cardholder data imported through the API, a point-of-sale integration, a bulk upload, or another external system.

Cardholder personal data is governed primarily by the DPA, which prevails over these Terms in respect of personal data processing.

6. Perkstar's intellectual property

The Services, including the platform software, design, user interface, documentation, the "Perkstar" name and logo, are owned by Perkstar or its licensors. Subject to these Terms, Perkstar grants the Operator a worldwide, non-exclusive, non-transferable, non-sublicensable right to access and use the Services during the subscription term, for the Operator's internal business purposes.

The Operator may not:

• copy, modify, or create derivative works of the Services;
• reverse engineer, decompile, or disassemble the Services (except to the extent permitted by mandatory law);
• access the Services to build a competing product;
• use the Services to send spam, malware, phishing, fraudulent, infringing, or unlawful content;
• exceed any rate limits, usage caps, or fair-use limits documented at https://perkstar.co.uk/limits;
• resell, sublicense, or otherwise make the Services available to third parties except as expressly contemplated in the Operator's subscription; or
• remove or alter any proprietary notices.

7. Acceptable use

The Operator must not use the Services:

• in breach of any applicable law (including consumer protection, data protection, electronic communications, gambling, and product safety law);
• to issue loyalty programmes for goods or services that the Operator is not legally permitted to sell, or that infringe third-party intellectual property (e.g. using protected brand names without authority);
• to engage in deceptive or abusive practices toward Cardholders;
• to upload content that is defamatory, obscene, harassing, hateful, or sexually explicit;
• to attempt to interfere with the integrity or performance of the Services, or to probe, scan, or test for vulnerabilities without our written permission; or
• in any way that exposes Perkstar to legal or reputational risk on a reasonable assessment.

We may suspend or restrict accounts that we reasonably believe breach this clause. See clauses 8 and 13.

8. Trust and safety

Perkstar operates trust-and-safety controls to keep the platform safe for Operators, Cardholders, and Perkstar itself. These include:

• Identity verification of Operators through Stripe Identity, triggered by certain volume or value thresholds defined in the platform.
• Account restrictions — feature-block flags that may limit specific capabilities of an account in response to a risk finding (for example, blocking paid-card creation while a query is open).
• A protected-brand check at signup against a curated list of trademarks.
• Risk flags — an append-only severity-graded record of trust-and-safety events on an account.

We use these tools proportionately. Where we apply a material restriction to the Operator's account, we will explain the reason as far as we are able to without compromising an ongoing investigation or third-party rights, and we will tell the Operator what is required to lift the restriction.

9. Third-party services

The Services integrate with third-party services (including Stripe for payments, Apple Wallet, Google Wallet, Telnyx for SMS, and a growing list of point-of-sale partners). Use of those services is governed by the third party's own terms; we are not responsible for the acts or omissions of any third party. We will use commercially reasonable efforts to maintain the integrations we advertise, but we do not warrant that any specific integration will be available for any specific period.

10. Service availability and support

We will use commercially reasonable efforts to keep the Services available 24 hours a day, 7 days a week, subject to scheduled maintenance, emergency maintenance, and force majeure. We do not offer a contractual uptime SLA at the published plan tiers; enterprise-level commitments, where available, are agreed in a separate order form.

Support is provided through the channels published at https://perkstar.co.uk/support, during the hours stated there.

11. Data protection

Where Perkstar processes personal data on the Operator's behalf as part of the Services, the Data Processing Agreement applies and forms part of these Terms. In the event of a conflict between these Terms and the DPA in respect of personal data processing, the DPA prevails.

The Operator remains responsible for deciding the purpose and lawful basis for each loyalty programme, customer import, API integration, marketing campaign, advertising pixel, and data-subject rights response. Perkstar provides the platform controls and records the relevant consent/audit evidence, but those controls do not replace the Operator's own privacy notice or controller obligations.

Our Privacy Policy, Cookie Policy, and Sub-processors list are published so Operators can complete due diligence before they sign up and can point customers to Perkstar's processor-level information where helpful.

12. Confidentiality

Each party may receive non-public information from the other in connection with the Services ("Confidential Information"). The receiving party must keep Confidential Information confidential and use it only to perform its obligations under these Terms. Confidential Information does not include information that is or becomes public through no fault of the receiving party, was lawfully known to the receiving party before receipt, is independently developed without use of the Confidential Information, or is required to be disclosed by law (in which case the receiving party will, where lawful, give the disclosing party prompt notice).

These obligations survive termination for three years.

13. Term, suspension, and termination

Term. These Terms start when the Operator first accepts them and continue for as long as the Operator has an active subscription, plus any survival period in clause 16.

Termination for convenience. Either party may cancel a subscription at any time, with effect at the end of the then-current billing period. Cancelling does not entitle the Operator to a refund of fees already paid, except as set out in clause 2.

Termination for cause. Either party may terminate immediately on written notice if the other party (a) commits a material breach of these Terms and does not cure it within 30 days of written notice; (b) becomes insolvent or subject to bankruptcy or analogous proceedings; or (c) ceases to do business.

Suspension. We may suspend the Services or restrict specific features on reasonable notice (or immediately, where the circumstances reasonably require) if (a) the Operator's payment is materially overdue; (b) we reasonably believe the Operator is in breach of clause 7 (Acceptable use); (c) suspension is required by law or by a regulator; (d) suspension is necessary to protect the integrity, security, or availability of the Services or of any other Operator or Cardholder; or (e) Perkstar's trust-and-safety controls return a finding that requires it. We will lift a suspension as soon as the reason for it is resolved.

Effect of termination. On termination: (a) the Operator's right to access the Services ends; (b) the Operator may export its data during the grace window in clause 11 of the DPA; (c) accrued payment obligations remain due; and (d) clauses that by their nature should survive (including IP, confidentiality, liability, indemnities, dispute resolution) survive termination.

14. Disclaimers

Except as expressly stated in these Terms, the Services are provided "as is" and "as available". To the maximum extent permitted by law, Perkstar disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or trade usage.

We do not warrant that the Services will be uninterrupted, error-free, or free from harmful components, or that any specific feature will continue to function as it does today.

15. Limitation of liability

Excluded losses. Neither party is liable to the other for any indirect, special, incidental, consequential, or punitive damages; loss of profits, revenue, business, anticipated savings, goodwill, or opportunity; or loss or corruption of data, in each case whether arising in contract, tort (including negligence), or otherwise.

Aggregate cap. Each party's total aggregate liability arising out of or in connection with these Terms (including the DPA) in any 12-month period is limited to the amount of subscription fees paid or payable by the Operator to Perkstar in the 12 months immediately preceding the event giving rise to the liability.

Unlimited liabilities. Nothing in these Terms excludes or limits either party's liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) any liability which cannot be excluded or limited under applicable law. In addition, the cap above does not apply to the Operator's obligation to pay fees, or to either party's indemnity obligations under clause 16.

The Operator acknowledges that the allocation of risk in this clause is reasonable in light of the fees paid for the Services.

16. Indemnities

By the Operator. The Operator will indemnify Perkstar against losses, damages, and reasonable costs (including reasonable legal fees) arising from any third-party claim relating to: (a) Operator Content; (b) the Operator's use of the Services in breach of clause 7 (Acceptable use); (c) the Operator's failure to obtain a valid lawful basis or required consents in relation to Cardholder personal data; or (d) the Operator's breach of applicable law.

By Perkstar. Perkstar will indemnify the Operator against losses, damages, and reasonable costs (including reasonable legal fees) arising from a third-party claim that the Operator's use of the Services in accordance with these Terms infringes that third party's intellectual property rights. This indemnity does not apply where the alleged infringement arises from: (a) Operator Content; (b) modifications to the Services not made by Perkstar; or (c) the combination of the Services with anything not provided by Perkstar where the infringement would not have occurred but for the combination.

Procedure. The indemnified party must (a) promptly notify the indemnifying party of the claim; (b) give the indemnifying party sole control of the defence and settlement (provided no settlement may admit liability for the indemnified party or impose obligations on it without consent); and (c) provide reasonable cooperation at the indemnifying party's expense.

17. Force majeure

Neither party is liable for any failure or delay in performance (other than the obligation to pay fees) caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, governmental action, labour disputes, internet or telecommunications outages, and acts of suppliers or sub-processors.

18. Changes to these Terms

We may update these Terms from time to time. Material changes will be notified to the Operator at least 30 days in advance by email and through an in-app announcement, and the Operator will be required to accept the updated version on next sign-in. Non-material changes (clarifications, formatting, link updates) take effect on publication.

If the Operator does not accept a material change, the Operator may cancel the subscription before the new Terms take effect, and clause 2 (Refunds) applies.

19. Notices

Notices to Perkstar must be in writing and sent to hello@perkstar.co.uk (and for legal notices, also to legal@perkstar.co.uk). Notices to the Operator may be sent to the email address on file for the Operator's primary account holder or by in-app announcement. Notices are deemed received on the next business day after sending.

20. Assignment

The Operator may not assign or transfer these Terms or any rights under them without Perkstar's prior written consent. Perkstar may assign these Terms to an affiliate, or in connection with a merger, acquisition, restructuring, or sale of all or substantially all of its assets, on notice to the Operator.

21. Entire agreement, severability, waiver

These Terms (together with the DPA, Privacy Policy, Cookie Policy, Sub-processors list, and any order form or written addendum signed by the parties) are the entire agreement between the parties on this subject and supersede all prior agreements. The Accessibility Statement explains our product accessibility commitments and support process; it does not create a separate service-level warranty unless expressly agreed in writing. If any provision is held invalid or unenforceable, the rest of these Terms remain in effect. A failure to enforce a right is not a waiver of that right.

No term of these Terms is enforceable by anyone other than the parties under the Contracts (Rights of Third Parties) Act 1999.

22. Governing law and jurisdiction

These Terms are governed by the laws of England and Wales. The parties submit to the exclusive jurisdiction of the courts of England and Wales, except that either party may apply to any court of competent jurisdiction for urgent injunctive or equivalent relief.

23. Contact

Perkstar Ltd — registered in England and Wales — company number 16256732 — registered office: 86-90 Paul Street, London, EC2A 4NE, United Kingdom.