Subscription Agreement

This Subscription Agreement (the “Agreement”) outlines the terms and conditions governing your subscription to and use of the services provided by Theme Cartel LTD (“Perkstar,” “we,” or “us”). By subscribing to or using our services, you (“Customer”) agree to the terms set forth in this Agreement.

If you are entering into this Agreement on behalf of an organization, you represent that you have the authority to bind that organization to this Agreement. In such cases, “you” and “Customer” refer to both you as an individual and the organization you represent.

This Agreement becomes effective upon the earliest of the following:

1. When you access or use our services.

2. When you click an “I Accept,” “Sign Up,” or similar button referencing this Agreement.

3. When you enter into an order or subscription plan (collectively, an “Order”) with Perkstar.

1. Definitions

• “Services”: Refers to the digital loyalty card platform provided by Perkstar, including software, support, and related features outlined in an Order.

• “Order”: The subscription details, including pricing, plan type, and term, agreed upon between the Customer and Perkstar.

• “Authorized Users”: Individuals authorized by the Customer to use the Services.

• “Customer Data”: Any data or information submitted to the Services by the Customer.

2. Subscription and Access

2.1 Grant of Access:
Perkstar grants the Customer a limited, non-exclusive, non-transferable right to access and use the Services during the subscription period.

2.2 Authorized Use:
The Services are provided solely for the Customer’s internal business purposes. Customers may not resell, sublicense, or otherwise distribute the Services without prior written consent.

2.3 Cancellation:
Customers can cancel their subscription at any time without notice through the account management settings. Access to the Services will continue until the end of the current billing period, after which the subscription will not renew.

2.4 Restrictions:
Customers must not:

• Attempt to reverse engineer, decompile, or disassemble any part of the Services.

• Use the Services in violation of applicable laws or third-party rights.

• Use the Services to process sensitive personal information, such as financial or health data.

3. Fees and Payment

3.1 Fees:
All fees are outlined in the applicable Order. Payment is required at the time of subscription or as specified in the Order. Fees are non-refundable except as explicitly stated in this Agreement.

3.2 Payment Methods:
Customers authorize Perkstar to charge the payment method provided during the subscription process. Customers must ensure all payment details are current and accurate.

3.3 Late Payments:
If payment is not received by the due date, Perkstar reserves the right to suspend access to the Services until the account is settled.

4. Service Availability

Perkstar will make the Services available at least 99.8% of the time, excluding planned maintenance and circumstances beyond our control (e.g., force majeure events).

5. Customer Responsibilities

5.1 Account Security:
Customers are responsible for maintaining the confidentiality of login credentials and ensuring their Authorized Users comply with this Agreement.

5.2 Compliance:
Customers must comply with all applicable laws, including data protection regulations. Customers are responsible for obtaining any necessary consents from their end users.

5.3 Customer Data:
Customers retain ownership of all data submitted to the Services. Customers grant Perkstar a license to process this data as necessary to provide the Services.

6. Data Protection and Security

6.1 Data Processing:
Perkstar will process Customer Data in compliance with applicable laws and the Perkstar Privacy Policy.

6.2 Security Measures:
Perkstar implements industry-standard security measures to protect Customer Data. However, no system is entirely secure, and Customers use the Services at their own risk.

6.3 Data Backup:
Customers are responsible for maintaining backups of their data. Perkstar is not liable for data loss resulting from the Customer’s failure to back up data.

7. Termination

7.1 Customer Cancellation:
Customers can cancel their subscription at any time through their account settings. Access to the Services will continue until the end of the current billing period, at which point the subscription will terminate.

7.2 Termination by Perkstar:
Perkstar may terminate this Agreement or suspend access to the Services if the Customer violates this Agreement or fails to pay fees on time.

7.3 Post-Termination:
Upon termination, access to the Services will be revoked. Customers will have 30 days to retrieve their data before it is deleted.

8. Limitation of Liability

To the fullest extent permitted by law, Perkstar’s liability is limited to the total fees paid by the Customer in the 12 months preceding the event giving rise to the claim. Perkstar is not liable for indirect, punitive, or consequential damages.

9. Indemnification

The Customer agrees to indemnify and hold harmless Perkstar from claims, damages, or liabilities arising from:

• The Customer’s use of the Services.

• Violations of this Agreement.

• Claims related to Customer Data or end-user interactions.

10. Dispute Resolution

Any disputes arising under this Agreement will be resolved through arbitration in accordance with the rules of the London Court of International Arbitration (LCIA). The arbitration will take place in London, England, and the decision will be binding on both parties.

11. Governing Law

This Agreement is governed by the laws of England and Wales. Any legal disputes will be resolved in the courts of England and Wales.

12. Miscellaneous

12.1 Entire Agreement:
This Agreement, together with the Order and Privacy Policy, constitutes the entire agreement between the parties.

12.2 Amendments:
This Agreement may only be amended in writing, signed by both parties.

12.3 Force Majeure:
Perkstar is not liable for delays or failures caused by events beyond its reasonable control.

12.4 Contact Information:
For questions or support, contact us at:
Theme Cartel LTD
86-90 Paul Street, 3rd Floor,
London, United Kingdom, EC2A 4NE
Email: support@perkstar.co.uk