Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you” or “User”) and BiteForm (“we”, “us”, or “our”) governing your access to and use of the BiteForm platform at biteform.com and all related services (the “Service”).

By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service. If you are using the Service on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms.

2. Eligibility

You must meet the minimum legal age required to enter into a binding contract in your jurisdiction to use the Service. By creating an account, you represent and warrant that you meet this requirement.

3. Description of the Service

BiteForm is a cloud-based platform that enables businesses to:

• Create and customise digital client intake forms using a drag-and-drop builder
• Manage customer records and contact information
• Send forms to clients via branded email communications
• Collect and review form submissions, including file uploads
• Track email delivery and engagement
• Manage brand settings and email templates
• Access a library of curated form templates

The Service is a business tool and does not constitute legal, financial, or professional advice. You are responsible for seeking independent professional guidance where appropriate.

4. Account Registration

To use the Service, you must:

• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Keep your payment details accurate and up to date
• Promptly notify us of any unauthorised use of your account

You are responsible for all activity that occurs under your account, including any actions taken by your employees, contractors, or any other person who accesses the Service using your credentials. We use Clerk for authentication and may suspend or terminate accounts that violate these Terms.

5. Free Trial, Subscription and Billing

5.1 Free Trial

New users receive a 14-day free trial with full access to the Service. At the end of the trial period, you must subscribe to a paid plan to continue using the Service. We will send you email reminders before your trial expires.

5.2 Subscription and Payment

The Service is available on a monthly subscription basis at £9.99 per month (or the equivalent in your local currency as displayed at checkout). All payments are processed securely through Stripe.

• Subscriptions renew automatically each month unless cancelled
• You may cancel your subscription at any time through your account settings or the Stripe billing portal
• Cancellation takes effect at the end of the current billing period
• We do not provide refunds for partial months of service

5.3 Failed and Overdue Payments

You are responsible for ensuring your payment method is valid and has sufficient funds. If a payment fails, we (or our payment provider) may retry the charge automatically. If payment remains outstanding, we reserve the right to suspend your access to the Service until the balance is settled. We are not responsible for any loss of access or data resulting from non-payment.

5.4 Price Changes

We reserve the right to change our subscription pricing. We will provide at least 30 days' notice of any price increase. Continued use of the Service after a price change constitutes acceptance of the new pricing.

6. Acceptable Use and Fair Usage

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party rights
• Send unsolicited or spam communications
• Collect personal data without appropriate consent or legal basis
• Transmit malware, viruses, or other harmful code
• Attempt to gain unauthorised access to other accounts or systems
• Interfere with or disrupt the Service or its infrastructure
• Use the Service for any illegal, fraudulent, or abusive purpose
• Impersonate another person or entity
• Upload or transmit content that is defamatory, obscene, or infringing

6.1 Rate Limits and Fair Usage

We enforce usage limits on the Service, including limits on email sending volume, API requests, file uploads, and other resource-intensive operations. These limits may be adjusted at our discretion and are designed to ensure a fair and reliable experience for all users. Exceeding or attempting to circumvent these limits may result in temporary restrictions, warnings, or account suspension.

We monitor for patterns of abuse, including high-volume sending, abnormal bounce rates, and spam-like behaviour. You agree to use the email features of the Service responsibly and only for legitimate business communications.

7. Your Data and Responsibilities

7.1 Your Content

You retain ownership of all content you create, upload, or submit through the Service, including form designs, customer data, email templates, and uploaded files (“Your Content”). You grant us a limited licence to host, store, and transmit Your Content solely to provide the Service.

7.2 Data Controller and Processor Roles

When you collect personal data from your clients through forms, you act as the data controller for that data under the UK GDPR, EU GDPR, and other applicable data protection laws. BiteForm acts as a data processor on your behalf for client data submitted through forms.

You are solely responsible for:

• Ensuring you have a lawful basis to collect and process your clients' personal data
• Obtaining all necessary consents from your clients before collecting their data
• Providing appropriate privacy notices to your clients
• Responding to data subject access requests from your clients
• Complying with all applicable data protection laws (UK GDPR, EU GDPR, CCPA, etc.)
• Ensuring the legality and accuracy of all data collected through the Service

7.3 Data Processing Agreement

Our Privacy Policy sets out how we process personal data. Our Data Processing Agreement (DPA) available at biteform.com/dpa, reflects our obligations as a data processor under the UK GDPR and EU GDPR. If you require a separately executed version of the DPA, please contact us at support@biteform.com.

7.4 Data Loss and Backups

While we take reasonable measures to protect your data, we do not guarantee the prevention of data loss. You are responsible for maintaining your own copies and backups of important data where necessary. Any backups we may maintain internally are for operational purposes only and are not guaranteed to be available, complete, or recoverable. To the maximum extent permitted by law, we shall not be liable for any loss of or damage to Your Content.

7.5 Email Communications

You are responsible for ensuring that emails sent through the Service comply with applicable anti-spam laws (such as CAN-SPAM, PECR, and the ePrivacy Directive). You must only send form invitations and reminders to individuals who have a legitimate relationship with your business.

8. Email Delivery

The Service includes the ability to send emails (such as form invitations and reminders) on your behalf. However, we do not guarantee email delivery, inbox placement, or open rates. Email deliverability depends on many factors outside our control, including recipient mail server configurations, spam filters, and the reputation of sending domains.

We use third-party email infrastructure to send messages and, to the maximum extent permitted by law, are not liable for delivery failures, delays, or messages being filtered as spam by recipient systems.

9. Third-Party Services

The Service relies on third-party providers for key functionality, including but not limited to:

• Stripe — payment processing and subscription management
• Clerk — user authentication and session management
• Postmark — transactional email delivery
• Supabase — file storage

We are not responsible for the availability, performance, or policies of these third-party services. To the maximum extent permitted by law, we shall not be liable for any outages, failures, data breaches, or service disruptions caused by third-party providers, or for any resulting loss or damage.

10. Service Availability

We aim to provide a reliable Service but do not guarantee uninterrupted or error-free access. The Service is provided without any service level agreement (SLA) unless explicitly agreed in writing. We do not offer automatic service credits for downtime or outages.

We may, without liability:

• Perform scheduled or emergency maintenance at any time
• Experience periods of unavailability due to technical issues, updates, or third-party outages
• Throttle or restrict access during periods of unusually high demand

We will make reasonable efforts to notify you of planned maintenance or significant disruptions where possible.

11. Product Changes and Beta Features

We continuously improve the Service and may modify, add, or remove features at any time. We will make reasonable efforts to notify you of significant changes that affect your use of the Service, but we are not obligated to maintain any particular feature indefinitely.

From time to time, we may offer beta or experimental features. These are provided “as is” without any guarantees of stability, completeness, or continued availability. Beta features may be changed, suspended, or removed at any time without notice.

12. Intellectual Property

The Service, including its design, code, features, documentation, logos, and branding, is owned by BiteForm and protected by intellectual property laws. These Terms do not grant you any right to use our trademarks, logos, or branding without prior written permission.

Form templates provided in our library are licensed to you for use within the Service. You may not redistribute, resell, or sublicence library templates outside the platform.

13. Suspension and Termination

13.1 Suspension by Us

We may suspend your access to the Service immediately, with or without notice, if we reasonably believe that:

• You have failed to pay subscription fees when due
• Your use of the Service poses a security risk to us or other users
• You are engaging in suspected abuse, fraud, or violation of these Terms
• Suspension is required to comply with a legal obligation

Where reasonably possible, we will notify you of the reason for suspension and give you an opportunity to resolve the issue. During suspension, your data will be retained but you will not be able to access the Service.

13.2 Termination by You

You may close your account at any time by deleting it through your account settings or by contacting us. Upon account deletion, your data will be retained for a 30-day grace period (during which it can be recovered) and then permanently deleted.

13.3 Termination by Us

We may terminate your account if you materially breach these Terms, engage in abusive or fraudulent activity, or fail to resolve a suspension within a reasonable timeframe. We will provide reasonable notice before termination where possible, except in cases of serious violations or security threats.

13.4 Effect of Termination

Upon termination, your right to use the Service ceases immediately. Sections relating to intellectual property, limitation of liability, indemnification, and dispute resolution survive termination.

14. Limitation of Liability

To the maximum extent permitted by applicable law:

• The Service is provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• We do not warrant that the Service will be uninterrupted, error-free, or completely secure.
• We do not warrant that emails will be delivered, that data will not be lost, or that third-party services will remain available.
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, business opportunities, or goodwill.
• Our total aggregate liability for any claims arising from or related to the Service shall not exceed the total amount you paid to us in the 12 months preceding the claim.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law. For users in the EU and UK, your statutory rights as a consumer are not affected.

15. Indemnification

You agree to indemnify and hold BiteForm harmless from any claims, losses, damages, liabilities, and expenses (including reasonable legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• The legality, accuracy, and appropriateness of data you collect through the Service
• Your failure to obtain proper consent or comply with applicable data protection laws
• Any claims brought by your clients or data subjects relating to data processed through the Service

You are solely responsible for ensuring that your use of the Service — including the data you collect and the emails you send — complies with all applicable laws and regulations.

16. Governing Law and Disputes

16.1 Governing Law

These Terms are governed by the laws of England and Wales. If you are located in the EU, you also benefit from any mandatory provisions of consumer protection law in your country of residence. If you are located in the US, disputes may also be subject to federal law where applicable.

16.2 Dispute Resolution

We encourage you to contact us first at support@biteform.com to resolve any dispute informally. If a resolution cannot be reached:

• UK and EU users — Disputes shall be submitted to the exclusive jurisdiction of the courts of England and Wales. EU consumers may also use the EU Online Dispute Resolution platform at ec.europa.eu/consumers/odr.
• US users — Disputes shall be resolved through binding arbitration under the rules of the American Arbitration Association (AAA), except that either party may seek injunctive relief in court. Class action lawsuits and class-wide arbitration are waived to the extent permitted by law.

17. General Provisions

• Entire agreement — These Terms, together with our Privacy Policy and our Data Processing Agreement, constitute the entire agreement between you and BiteForm.
• Severability — If any provision of these Terms is found to be unenforceable, the remaining provisions continue in full force and effect.
• Waiver — Our failure to enforce any provision does not constitute a waiver of that provision.
• Assignment — You may not assign your rights under these Terms without our consent. We may assign our rights to a successor or affiliate.
• Force majeure — We are not liable for delays or failures caused by events beyond our reasonable control, including natural disasters, power outages, internet disruptions, or actions by government authorities.

18. Changes to These Terms

We may update these Terms from time to time. We will notify registered users of material changes via email or through a notice on the Service at least 30 days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the revised Terms. If you do not agree to the changes, you may close your account before they take effect.

19. Contact Us

If you have any questions about these Terms, please contact us: