Terms of Service

Last updated: [DATE] · Version: [TERMS_VERSION]

1. About these terms

1.1 These terms form an agreement between you and [STARSTORM LEGAL ENTITY NAME] ("Starstorm", "we", "us"), company number [NUMBER], registered office [ADDRESS], for the use of Intake ("the Service").

1.2 "You" means the person or organisation that creates an Intake account or workspace. If you accept these terms for an organisation, you confirm you have the authority to bind it. You can use Intake for your business or as an individual for personal use (as a "consumer"); section 13 sets out the extra rights consumers have, and where these terms say otherwise for consumers, section 13 wins.

1.3 Our Privacy Notice explains how we handle account holders' personal data. Section 9 (Data processing) covers the form submissions we process for you; it is also available as a standalone Data Processing Agreement.

2. The Service

2.1 Intake receives submissions from forms on your websites and on Intake-hosted pages. It stores them and sends them on through the actions you set up, such as email, webhooks and chat notifications.

2.2 We may improve and change the Service. If a change materially reduces what your paid plan includes, we will give you at least 30 days' notice. You may cancel before the change takes effect and receive a pro-rata refund of any prepaid fees.

2.3 We aim to keep the Service available and to fix problems quickly. Unless we agree a service level with you in writing, we do not guarantee the Service will be uninterrupted or error-free. We may carry out maintenance, and will try to schedule anything disruptive with notice.

3. Your account

3.1 Keep your sign-in details secure, and tell us promptly if you think your account has been misused. You are responsible for what happens under your account and for the people you invite to your workspace.

3.2 You must give accurate details and keep your email address up to date: we use it for important notices.

3.3 You must be at least 18 to create an account.

4. Acceptable use

4.1 You must not use Intake to:

• (a) break the law, or infringe anyone's rights;
• (b) phish, or collect passwords or login details for other services;
• (c) collect payment card numbers, or other data the law requires extra protection for, unless you have the right safeguards in place (for card data, Intake is not PCI DSS compliant, so do not collect it at all);
• (d) send spam, or send email to people who have not asked to hear from you;
• (e) distribute malware, or host illegal or abusive content;
• (f) harass, threaten or harm anyone;
• (g) probe, overload or attack the Service or its users, or try to get round its limits or security;
• (h) resell or provide the Service to third parties as your own product, unless we agree in writing.

4.2 We may suspend a form, a workspace or an account without notice if we reasonably believe it breaks these rules or puts the Service or others at risk. We will tell you why unless the law prevents us, and restore access once the problem is fixed.

5. Your responsibilities for the forms you run

5.1 You decide what your forms collect and why. You are the controller of submissions under data protection law. In particular, you are responsible for:

• (a) having a lawful basis for collecting the data;
• (b) telling the people who fill in your forms how their data will be used, for example in your own privacy notice;
• (c) handling their requests to exercise their rights;
• (d) the destinations you choose. When you connect an integration, such as a webhook, Slack, n8n or your own mail server, submissions go where you send them, under that service's terms.

5.2 Encrypted forms. If you use end-to-end encrypted forms, only your vault passphrase or recovery code can unlock the submissions. We never have them and cannot recover them. If you lose both, the encrypted submissions cannot be read by anyone, including us. Keep them safe.

6. Plans, fees and payment

6.1 The Free plan costs nothing. Paid plans are billed in advance, monthly or yearly, at the prices shown on our pricing page when you subscribe. Subscriptions are sold through Stripe, which acts as the merchant of record: you buy the subscription from Stripe, which takes the payment, sends your receipts and handles any tax, and its own terms apply to the purchase. We provide the Service.

6.2 Prices are in pounds sterling and include any VAT or sales tax due where you live: the price shown is the price you pay.

6.3 Subscriptions renew automatically at the end of each period until cancelled. We will email you before a yearly plan renews.

6.4 If we change a price, we will give you at least 30 days' notice. The new price applies from your next renewal after that notice.

6.5 If a payment fails, we will try again and tell you. If it is still unpaid after [7] days, your workspace moves to the Free plan's limits. No data is deleted because of this: see 7.2.

6.6 Limits. Each plan has limits, shown on the pricing page and in your dashboard. If you go over your monthly submission limit, new submissions are held, up to a further month's worth, and released when your quota allows. Uploads over the limit are refused.

6.7 Refunds. Fees already paid are not refundable, except (and see section 13 if you are a consumer):

• where these terms say otherwise;
• where the law requires it;
• where we end the Service for reasons other than your breach. In that case we refund the unused part of any prepaid period.

Stripe, as the seller, may also refund a payment within 60 days of purchase, for example to settle a dispute.

7. Cancelling and changing plan

7.1 You can cancel or change your plan at any time from the billing page. A cancellation takes effect at the end of the period you have paid for. After that, your workspace moves to the Free plan.

7.2 Moving to a smaller plan never deletes data on its own. Anything over the new plan's limits becomes read-only until you are back within them. Submissions older than the new plan's retention period are deleted at the next daily clean-up; the dashboard warns you first.

7.3 You can delete your workspace or account at any time. Deleted workspaces are kept for a grace period of 30 days, during which you can ask us to restore them. After that they are permanently deleted, along with their submissions and files.

8. Your data

8.1 Your forms, submissions, files and settings remain yours. You give us permission to host, copy, process and send them only as needed to run the Service for you.

8.2 You can export your data at any time from the dashboard.

9. Data processing (UK GDPR Article 28)

This section applies whenever we process personal data in form submissions on your behalf.

9.1 Roles and instructions. You are the controller and we are the processor. We process submission data only:

• to provide the Service;
• as you instruct through your settings and these terms;
• or as the law requires, in which case we will tell you first unless the law forbids it.

9.2 Details of processing.

• Subject matter and duration: providing the Service for as long as you use it.
• Nature and purpose: receiving, storing and delivering form submissions.
• Types of data: whatever your forms collect, plus metadata (time, origin domain, and IP address and browser only where you switch that on).
• Data subjects: the people who fill in your forms.

9.3 Confidentiality. Everyone who processes your data for us is bound by confidentiality.

9.4 Security. We take appropriate technical and organisational measures, including:

• encryption in transit;
• encryption at rest of integration credentials;
• database-level separation between workspaces;
• access controls and audit logging;
• optional end-to-end encryption of submissions.

9.5 Sub-processors. You authorise the sub-processors listed on our sub-processors page. We will give you at least [30] days' notice of a new sub-processor, by email or in the dashboard. If you object on reasonable grounds and we cannot address the objection, you may cancel and receive a pro-rata refund. Each sub-processor is bound by data protection terms at least as protective as these. We remain responsible for them.

9.6 Assistance. Taking into account what the Service can do, we will help you:

• respond to requests from data subjects (much of this you can do yourself through search, export and deletion);
• with security;
• with data protection impact assessments.

9.7 Breaches. We will notify you without undue delay, and within [48] hours, after becoming aware of a personal data breach affecting your submission data. We will include the information you need to meet your own obligations.

9.8 End of service. When your workspace is deleted, we delete submission data after the grace period in 7.3. Backups are overwritten within [BACKUP RETENTION]. You can export everything beforehand.

9.9 Audits. We will make available the information reasonably needed to show compliance with this section. We will allow audits on reasonable notice, at your cost, no more than once a year, unless a regulator requires more.

9.10 Transfers. We store submission data in the United Kingdom. We will transfer it outside the UK only with the safeguards UK law requires.

10. Intellectual property

10.1 We own Intake, its software and its brand. These terms give you the right to use the Service during your subscription. They do not transfer any ownership.

10.2 If you send us feedback or suggestions, we may use them without obligation to you.

11. Liability

11.1 Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot legally be limited.

11.2 Subject to 11.1, neither of us is liable for:

• loss of profits, revenue, business, goodwill or anticipated savings;
• any indirect or consequential loss.

11.3 Subject to 11.1, our total liability arising from these terms in any 12-month period is limited to the greater of:

• the fees you paid us in that period; and
• £[100].

11.4 You are responsible for, and will indemnify us against, claims arising from:

• the content of your forms;
• how you use the data they collect;
• your breach of section 4 or 5.

12. Ending the agreement

12.1 You may end this agreement at any time by deleting your workspaces and account.

12.2 We may end it, or suspend the Service, if you seriously or repeatedly break these terms. For a non-urgent breach, we will give notice first and a chance to fix it.

12.3 We may stop offering Intake altogether by giving at least [90] days' notice. That gives you time to export your data, and we will refund any unused prepaid fees.

12.4 Sections 5, 8, 9.8, 11 and 14 continue after the agreement ends.

13. Consumers

13.1 If you use Intake as a consumer, nothing in these terms affects your legal rights. These include the right to a service provided with reasonable care and skill, and as described.

13.2 Cooling-off period. You may cancel a paid subscription within 14 days of starting it. When you subscribe, you ask us to start the Service straight away, so if you cancel within those 14 days we refund what you paid, less a proportionate amount for the days you used it. Stripe, as the seller, applies the cooling-off rules of your country. To cancel and get the refund, email intake@starstorm.dev (cancelling from the billing page alone stops the next renewal but does not trigger a refund).

13.3 Our responsibility to consumers. Sections 11.2 to 11.4 do not apply to you. Instead, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or failing to use reasonable care and skill. We are not responsible for loss that was not foreseeable when you subscribed, or for losses of a business.

13.4 Complaints. If something goes wrong, email intake@starstorm.dev and we will try to put it right.

14. General

14.1 Changes to these terms. We may update these terms. For changes that matter, we will give at least 30 days' notice by email or in the dashboard. You will be asked to accept the new version when you next sign in. If you do not agree, you may cancel before the changes take effect.

14.2 Events outside our control. Neither of us is liable for delays or failures caused by events beyond reasonable control.

14.3 Assignment. You may not transfer this agreement without our consent. We may transfer it to a company that takes over Intake, provided your rights are not reduced.

14.4 Whole agreement. These terms, the Privacy Notice and anything we agree in writing are the whole agreement between us about the Service.

14.5 Notices. We send notices to your account email address. You send notices to intake@starstorm.dev.

14.6 Law and courts. These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction. If you are a consumer living in Scotland or Northern Ireland, you may also bring proceedings in your local courts.