Version 2.0 — Effective August 16, 2026
These Terms of Service (the "Terms") are a binding agreement between you and NOWAITN Corporation, doing business as Waitlist App at waitlistapp.org (the "Service", "we", "us"). By creating an account, checking the acceptance box at signup, or using the Service, you agree to these Terms and to our Privacy Policy. If you use the Service on behalf of a business, you represent that you have authority to bind that business, and "you" means that business.
1. What the Service is
Waitlist App is a platform for running lines and serving customers: waitlists and reservations, event ticketing with QR entry, memberships and door check-in, order-ahead and on-site ordering, tour and departure management, storefront pages, guest notifications, and related tools. Businesses using the Service to serve their customers are "Operators." People who join an Operator's line, buy a ticket, place an order, or otherwise interact with an Operator through the Service are "Guests."
We continually develop the Service. We may add, change, suspend, or discontinue any aspect of the Service at any time, with or without notice. We will try to give notice of significant changes as a courtesy, but are not obligated to; your sole remedy for a change you do not accept is to stop using the Service and cancel.
2. Accounts and security
The Service uses passwordless sign-in: possession of your email inbox (or a valid sign-in link or code) is your credential. You are responsible for securing your email account and any device where you remain signed in, for all activity under your account, and for the actions of team members you invite. Keep your account information accurate. You must be at least 18 and using the Service for business purposes.
3. Plans, billing, and the Event Pass
Plans. Current plans, prices, and included quotas are stated on our pricing page at the time you subscribe. Free tiers are ad-supported and subject to usage caps. Paid subscriptions renew automatically each billing period until cancelled; you may cancel at any time, effective at the end of the current period. We may change prices with at least 30 days' notice, effective at your next renewal.
Event Pass. An Event Pass grants temporary paid-tier access for a single event window (currently 48 hours from first real use, with a limited activation window from purchase). Where offered on a reserve-now basis, your card is saved at reservation and charged when your event goes live or your first paid sale occurs, as described at purchase.
Credits and packs. Purchased message or customer packs are non-refundable but do not expire. Included monthly quotas reset each period and do not roll over.
Refunds. Except where required by law or expressly stated, fees are non-refundable. Taxes are your responsibility where applicable.
4. Selling to your Guests (payments, fees, and your responsibilities)
Ticket sales, orders, memberships, bookings, and other Guest payments are processed through Stripe Connect into your own Stripe account. For those transactions, you are the merchant of record: the sale is between you and your Guest. We charge a platform fee (currently a disclosed percentage of each transaction, shown before you enable selling) which is deducted automatically and returned pro rata when you refund a sale in full through the Service.
You are responsible for: honoring what you sell (events happening, orders fulfilled, memberships honored); your refund, cancellation, and no-show policies and communicating them to Guests; chargebacks and disputes on your sales; pricing accuracy; and all taxes, licenses, and regulatory requirements applicable to your goods, services, events, and venue (including alcohol, food safety, occupancy, and accessibility rules). Your use of Stripe is additionally governed by Stripe's own agreements, and by the platform payment agreement you e-sign before accepting payments.
5. Your Guests' data
As between you and us, you own your Guest data (names, contact details, visit and purchase history you collect through the Service). We process it to operate the Service on your behalf and as described in the Privacy Policy. You are the party with the direct relationship to your Guests, and you are responsible for having a lawful basis to collect and use their information, for the accuracy of what you enter, and for responding to your Guests' privacy requests. We provide export tools; on account closure we retain data for a limited wind-down period (currently 30 days) and then delete it in the ordinary course, except records we must keep by law.
Health information. The Service is a general-purpose queueing tool. Unless we have signed a separate Business Associate Agreement with you, do not use the Service to store or transmit information subject to HIPAA or equivalent health-privacy laws beyond basic contact and appointment details.
6. Messaging rules (email and SMS)
The Service can send transactional notifications to your Guests (position updates, ready alerts, tickets, receipts) by email and SMS, on your instruction and in your name. You represent that each Guest you message has provided the consent required by applicable law (including TCPA, CAN-SPAM, CASL, and their equivalents) and that your use complies with carrier and messaging-platform rules. Do not upload purchased lists or message people who have not interacted with your business. Opt-outs are honored automatically and you must not circumvent them. Managed SMS sending is available only in supported countries; bring-your-own provider options are billed and governed by your provider. Message delivery depends on carriers and is not guaranteed. We may suspend messaging that generates complaints, carrier filtering, or legal risk.
7. Acceptable use
You agree not to: use the Service for anything unlawful, deceptive, or harmful; publish or solicit fake, incentivized-without-disclosure, or misleading reviews or testimonials anywhere on the Service; infringe others' rights; upload malicious code; probe, overload, scrape, or interfere with the Service or others' data; resell or white-label the Service except as a feature we provide; misrepresent your identity or business; or use the Service to compete with us by copying its features from inside. We may investigate and may suspend or terminate accounts that violate this section, with immediate effect where the violation creates risk to Guests, other Operators, or us.
8. Your content and reviews
You keep ownership of content you submit (business details, menus, images, event descriptions, documents). You grant us a non-exclusive, worldwide license to host, display, and process it as needed to run the Service, including on your public pages and in notifications to your Guests. You are responsible for having rights to what you upload.
Reviews of the Service that you or your Guests submit may be published with a display name, moderated at our discretion, and used in our marketing with attribution as displayed. Feedback and suggestions may be used without obligation.
9. AI-assisted features
Parts of the Service use artificial intelligence, including third-party AI models and providers (for example, the support chatbot, drafted replies and owner responses, generated content and translations). AI output is generated automatically, can be inaccurate, incomplete, or inappropriate, and is provided strictly as-is with no warranty of any kind. Review AI-drafted material before relying on it or publishing it; it is not legal, financial, medical, or professional advice, and no statement produced by an AI feature (including the support chatbot) creates any commitment, warranty, or modification of these Terms. Content you submit may be processed by third-party AI providers as our processors to deliver these features. You are responsible for content you approve or publish. We are not liable for AI output or your use of it.
10. Third-party services
The Service integrates third parties, including Stripe (payments), messaging and email carriers, and analytics providers. Their availability is outside our control and their terms apply to your use of their features.
11. Our intellectual property
The Service, including its software, design, and branding, is ours or our licensors' and is protected by law. We grant you a limited, non-exclusive, non-transferable right to use it under these Terms. Do not copy, modify, or create derivative works from the Service except as permitted. To report content that infringes your rights, contact us at the address below.
12. Availability, beta features, and support
We work to keep the Service reliable, but it is provided without an uptime guarantee, and maintenance, outages (including carrier or third-party failures), and modifications can occur. Features marked beta, preview, or early access may change or end at any time and are provided strictly as-is. Keep independent copies of information critical to your operations; export tools are provided. Enterprise customers may have separate written terms that supplement or supersede specific sections for their engagement.
13. Suspension and termination
You may stop using the Service and cancel at any time. We may suspend or terminate your access for material breach of these Terms, legal risk, non-payment, or extended inactivity on free tiers, with notice where practicable. On termination: your Guest-facing pages stop working; amounts owed remain due; you have a limited wind-down period (currently 30 days) to export your data, after which we may delete it; and sections that by their nature should survive (including Sections 4–5 responsibilities for past sales, 8, 11, and 14–17) survive.
14. Disclaimers; no reliance
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT NOTIFICATIONS WILL BE DELIVERED, AND WE ARE NOT A PARTY TO — AND MAKE NO WARRANTY REGARDING — TRANSACTIONS BETWEEN OPERATORS AND GUESTS.
No reliance. Nothing on our website, marketing pages, documentation, changelog, emails, or produced by our support channels (human or AI) is a promise, warranty, or commitment unless it is expressly stated as a binding commitment in these Terms or in a written agreement signed by NOWAITN Corporation. Feature descriptions, roadmaps, statistics, and examples are informational only and may change or be withdrawn at any time.
Security of information. We use commercially reasonable measures to protect information processed by the Service, but no system is perfectly secure; we do not guarantee against unauthorized access, and our responsibility for personal information is as described in the Privacy Policy and limited as set out in Section 15.
15. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY; AND (b) OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS IS LIMITED TO ONE HUNDRED U.S. DOLLARS (US $100). THIS LIMIT APPLIES REGARDLESS OF THE FORM OF ACTION AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO PARTS OF THIS SECTION MAY NOT APPLY TO YOU.
16. Indemnification
You will defend and indemnify us against claims, losses, and expenses (including reasonable attorneys' fees) arising from: your sales to and interactions with Guests; your Guest data and messaging practices, including consent violations; content you upload; your violation of law or of these Terms; or your violation of third-party rights.
17. Governing law; arbitration; class-action waiver
These Terms are governed by the laws of the State of Delaware, excluding conflict-of-law rules.
Binding arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that cannot be resolved informally will be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in Delaware (with the option to proceed by videoconference or on written submissions where the rules allow). Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs this section. Before filing, the complaining party must give the other written notice of the dispute and 30 days to resolve it.
Exceptions. Either party may (a) bring an individual claim in small-claims court, and (b) seek injunctive or equitable relief in a court of competent jurisdiction for infringement or misuse of intellectual property or confidential information. For any matter not subject to arbitration, the state and federal courts located in Delaware have exclusive jurisdiction and each party consents to personal jurisdiction there.
Class-action and jury waiver. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY — NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING — AND THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY REPRESENTATIVE PROCEEDING. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL. If the class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) must proceed in court, and this section's remaining provisions stay in force.
To the extent permitted, claims must be brought within one year of accrual.
18. Changes to these Terms
We may update these Terms. For material changes we will give at least 14 days' notice by email or in-product notice, and the new version will state its effective date. Continued use after the effective date is acceptance; for significant changes we may require you to re-accept at sign-in. The version you accepted, and when, is recorded on your account.
19. General
These Terms plus the policies they reference (Privacy Policy, platform payment agreement, and any Enterprise order form) are the entire agreement and supersede the prior Terms of Service. If a provision is unenforceable, the rest remains in effect. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or asset sale. No waiver is implied from any failure to enforce. Neither party is liable for delays caused by events beyond reasonable control. Notices to you may be sent to your account email.
20. Contact
Questions about these Terms: email support@waitlistapp.org, use our contact form, or write to:
NOWAITN Corporation
One Mifflin Place, Suite 400
Cambridge, MA 02138