Terms of Service

By accessing or using WaitPing, operated by Pinotech LLC ("Service," "we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Service.

These Terms constitute a legally binding agreement between you (whether personally or on behalf of an entity) and WaitPing. By using the Service, you represent that you have the authority to bind yourself or your entity to these Terms.

WaitPing provides cloud-based waitlist management software that enables businesses to:

• Create and manage multiple waitlists
• Collect customer information (name, phone, email, party size)
• Send SMS notifications to customers
• Track waitlist metrics and generate reports
• Manage team access with role-based permissions
• Customize waitlist fields and branding

The Service includes web-based interfaces, mobile-optimized views, SMS notifications, and related features. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time.

Account Creation

To use the Service, you must create an account by providing accurate and complete information. You represent that all information you provide is true, current, and complete.

Account Security

• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized use or security breach
• We are not liable for any loss or damage arising from your failure to maintain account security

Account Ownership

The account owner (the person who initially created the account) has full control over the account, including the ability to add or remove team members, manage billing, and delete the account.

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Violate Laws: Use the Service in any way that violates applicable laws or regulations
• Send Spam: Send unsolicited or unauthorized messages, including spam or phishing attempts
• Collect Data Without Consent: Collect personal information from waitlist entrants without proper consent
• Unauthorized Access: Attempt to gain unauthorized access to the Service, user accounts, or computer systems
• Interfere with Service: Interfere with or disrupt the Service, servers, or networks
• Reverse Engineer: Reverse engineer, decompile, or disassemble any portion of the Service
• Remove Attribution: Remove, obscure, or alter any legal notices or branding
• Use for Competitors: Use the Service to build a competing product or service
• Excessive Usage: Use the Service in a way that could damage, disable, or impair our infrastructure

Violation of this Acceptable Use Policy may result in immediate termination of your account.

Subscription Plans

WaitPing offers Free, Starter, and Business subscription plans. Plan features and pricing are available at waitping.com/pricing.

Billing

• Paid subscriptions are billed in advance on a monthly or annual basis
• All fees are in US Dollars (USD) unless otherwise stated
• Payment is processed through our third-party payment processor, Stripe
• You authorize us to charge your payment method on a recurring basis
• Failed payments may result in service interruption or account suspension

Auto-Renewal

Paid subscriptions automatically renew at the end of each billing period (monthly or annual) until you cancel. You will be charged at the then-current rate for your plan unless you cancel before the renewal date.

• You may cancel auto-renewal at any time from the Billing page via the Stripe billing portal
• Cancellation of auto-renewal takes effect at the end of your current billing period
• You will not be charged for the next billing period if you cancel before the renewal date

Refunds and Cancellations

• All subscription fees are non-refundable except as required by law
• You may cancel your subscription at any time from the Billing page via the Stripe billing portal
• Cancellations take effect at the end of the current billing period
• You retain access to paid features until the end of the billing period
• Downgrading to a lower plan may result in loss of access to features available only on higher plans

Price Changes

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

SMS Usage

SMS notifications are included based on your plan limits. You may add balance for additional SMS usage, and those purchases are non-refundable. SMS delivery depends on carrier networks and is not guaranteed.

Your Responsibilities

When using our SMS notification features, you are responsible for:

• Obtaining proper consent from recipients before sending SMS messages
• Complying with all applicable SMS regulations (TCPA, CAN-SPAM, etc.)
• Providing opt-out mechanisms for recipients
• Not sending misleading or deceptive messages
• Maintaining records of consent

Our Role

WaitPing provides the technology to send SMS messages but does not determine the content or recipients. You are solely responsible for ensuring compliance with all applicable laws and regulations. We reserve the right to suspend accounts that violate SMS regulations.

Your Data

You retain all rights to the data you input into the Service, including customer names, contact information, and waitlist entries. You grant us a limited license to use this data solely to provide and improve the Service.

Data Protection

We take data protection seriously. Our data handling practices are described in our Privacy Policy. By using the Service, you agree to our data practices.

Data Backup and Loss

While we implement regular automated backups, you are responsible for maintaining your own backups of critical data. We are not liable for data loss except as required by law.

Data Processing Roles

When you use WaitPing to collect and manage information about your guests or customers ("Customer Data"), you act as the data controller and WaitPing acts as a data processor on your behalf. We process Customer Data only as necessary to provide the Service and as instructed by you.

For customers subject to the General Data Protection Regulation (GDPR) or similar data protection laws, our Data Processing Agreement (DPA) governs the terms under which we process Customer Data. To request a copy of our DPA, contact us at [email protected]. For more information about how we handle personal data, see our Privacy Policy.

Our Intellectual Property

The Service and its original content, features, functionality, source code, and design are owned by WaitPing and are protected by international copyright, trademark, patent, and other intellectual property laws.

Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your business purposes in accordance with these Terms. This license does not permit you to:

• Copy, modify, or create derivative works of the Service
• Resell, redistribute, or sublicense the Service
• Use the Service to build a similar or competitive product
• Remove or modify any proprietary notices

Feedback

If you provide us with feedback, suggestions, or ideas about the Service, you grant us an unlimited, irrevocable, perpetual, royalty-free license to use, modify, and incorporate such feedback without any obligation to you.

Uptime Target

We strive for 99.9% uptime for the Service, calculated monthly. This excludes scheduled maintenance, which we will announce in advance when possible.

No Warranty

The Service is provided "as is" without warranties of any kind. We do not guarantee uninterrupted, timely, secure, or error-free operation. Scheduled and emergency maintenance may cause temporary service interruptions.

Support

We provide email support to all users. Business plan subscribers receive priority support. Response times are estimates and not guaranteed. Enterprise customers may negotiate custom support terms.

Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that:

• The Service will meet your requirements or expectations
• The Service will be uninterrupted, timely, secure, or error-free
• The results obtained from using the Service will be accurate or reliable
• The quality of the Service will meet your expectations
• Any errors or defects will be corrected

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WAITPING, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your use or inability to use the Service
• Any unauthorized access to or use of our servers or your data
• Any interruption or cessation of transmission to or from the Service
• Any bugs, viruses, or malware transmitted through the Service
• Any errors or omissions in any content
• Any loss of data or business opportunity

Our total liability to you for all claims arising from or related to the Service shall not exceed the amount you paid us in the 12 months preceding the claim, or $100 USD, whichever is greater.

You agree to indemnify, defend, and hold harmless WaitPing and its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or related to:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of applicable laws or regulations
• SMS messages you send through the Service
• Data you collect or process using the Service

Termination by You

Account owners may terminate their account at any time by deleting it from Settings. Team members who wish to have their account deleted should contact their account owner. Upon termination, your data will be permanently and immediately deleted. This action cannot be undone.

Termination by Us

We may suspend or terminate your account immediately, without prior notice or liability, for any reason, including but not limited to:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Failure to pay fees when due
• Prolonged inactivity
• At our sole discretion for any reason

Effects of Termination

Upon termination:

• Your right to use the Service immediately ceases
• You lose access to your account and all data
• All provisions of these Terms which should survive termination shall survive
• No refunds are provided for early termination

Service Changes

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuance of the Service.

Terms Changes

We may update these Terms from time to time. We will notify you of material changes by:

• Posting the updated Terms with a new "Last updated" date
• Sending an email notification to your account email
• Displaying a notice in the application

Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms. If you do not agree to the new Terms, you must stop using the Service and may terminate your account.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Informal Resolution

Before filing a claim, you agree to contact us at [email protected] to attempt to resolve the dispute informally. We will attempt to resolve the dispute within 60 days.

Arbitration

Any dispute arising from or relating to these Terms or the Service that cannot be resolved informally shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules, except as modified by these Terms.

Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between you and WaitPing individually. You waive any right to participate in a class action lawsuit or class-wide arbitration.

Entire Agreement

These Terms, together with our Privacy Policy and any applicable Data Processing Agreement (DPA), constitute the entire agreement between you and WaitPing regarding the Service and supersede all prior agreements and understandings.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms or your account to any third party without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

Force Majeure

We shall not be liable for any failure to perform our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

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

• General Inquiries: [email protected]
• Legal Matters: [email protected]
• Billing Questions: [email protected]