These Terms of Service ("Terms") are a binding agreement between you ("you", "Customer") and Waitloop.io ("Waitloop", "we", "us", or "our") governing your access to and use of our websites, dashboard, embeddable form widget, and related services (together, the "Services").
Please read these Terms carefully. By creating an account, or by accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services. If you use the Services on behalf of an organization, you represent that you are authorized to bind that organization.
You must be at least 18 years old and capable of forming a binding contract to use the Services. You are responsible for the information you provide when registering, for keeping your account credentials secure, and for all activity that occurs under your account. We offer optional security features, such as two-factor authentication, that we encourage you to enable. Notify us promptly of any unauthorized use of your account.
You agree not to use the Services to:
We may investigate and take appropriate action, including removing content and suspending accounts, for any violation.
"Customer Data" means the submissions, files, and other data you collect or upload through the Services, including data from the people who join your lists.
Where we process personal data contained in your Customer Data on your behalf, you are the controller and we act as your processor (and, under the CCPA, as a service provider). We will: (a) process that data only to provide the Services and on your documented instructions, including as set out in these Terms and through your use of the Services; (b) ensure personnel authorized to process it are bound by confidentiality; (c) maintain the security measures described in our Privacy Policy; (d) engage the categories of sub-processors described in our Privacy Policy under comparable data-protection obligations and remain responsible for them; (e) assist you, taking into account the nature of the processing, in responding to data-subject requests and in meeting your security and breach-notification obligations; (f) notify you without undue delay after becoming aware of a personal data breach affecting your Customer Data; (g) rely on appropriate safeguards (such as Standard Contractual Clauses) for any international transfers; and (h) delete your Customer Data within 90 days following termination, except where retention is required by law. We do not sell or "share" your Customer Data and do not use it except to provide the Services or as permitted by applicable law.
We grant you a limited, non-exclusive, revocable license to embed our form widget and use the form endpoints on websites and properties that you control, in accordance with these Terms and our documentation. You must not alter the widget to misrepresent its source or to bypass security, rate limits, or attribution. We may update the widget for security, performance, and functionality.
The Services, including all software, designs, text, and trademarks (such as the Waitloop name and logo), are owned by Waitloop or its licensors and are protected by intellectual property laws. Except for the limited rights expressly granted to you, we reserve all rights. You may not use our branding without our prior written permission. If you send us feedback or suggestions, you grant us a perpetual, royalty-free right to use them without obligation to you.
The Services rely on, and may interoperate with, third-party services (for example, payment processing, email delivery, cloud hosting, bot protection, and optional integrations you connect). We are not responsible for third-party services, and your use of them may be subject to their own terms. A list of the main providers we use appears in our Privacy Policy.
We strive to keep the Services available and reliable, but we do not guarantee uninterrupted or error-free operation. We may modify, add, or discontinue features at any time. We may perform maintenance that temporarily limits availability. We are not liable for any unavailability or for any loss of data resulting from factors outside our reasonable control, and you are responsible for keeping your own backups of important data (for example, by exporting it).
THE SERVICES ARE 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 SERVICES WILL MEET YOUR REQUIREMENTS OR BE SECURE, UNINTERRUPTED, OR ERROR-FREE. Some jurisdictions do not allow certain disclaimers, so some of the above may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WAITLOOP AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICES WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR USD $100 IF YOU HAVE PAID NOTHING. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
You agree to defend, indemnify, and hold harmless Waitloop and its officers, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of your Customer Data, your use of the Services, or your violation of these Terms or applicable law.
You may stop using the Services and close your account at any time. We may suspend or terminate your access if you breach these Terms, if required by law, or to protect the Services or other users. Upon termination, your right to use the Services ends. We will delete your Customer Data within 90 days following termination, except where retention is required by law; please export anything you need beforehand. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, and indemnification) will survive.
These Terms are governed by the laws of the State of California, United States, without regard to its conflict-of-laws rules.
Please read this section carefully. It requires most disputes to be resolved by binding, individual arbitration and waives your right to participate in a class action.
Informal resolution first. Before starting a formal proceeding, you agree to contact us at support@waitloop.io and try to resolve the dispute informally for at least 30 days.
Binding arbitration. Except for the exceptions below, any dispute arising out of or relating to these Terms or the Services will be resolved by final and binding arbitration on an individual basis, administered by the American Arbitration Association (AAA) under its applicable rules. The Federal Arbitration Act governs the interpretation and enforcement of this section. The arbitration will take place in California, or by video or telephone where available, and judgment on the award may be entered in any court having jurisdiction.
Class action waiver. You and Waitloop agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person's claims or otherwise preside over any form of representative or class proceeding.
Exceptions. Either party may (a) bring an individual claim in small-claims court, and (b) seek injunctive or equitable relief in court for actual or threatened infringement or misuse of intellectual property or confidential information. For any dispute not subject to arbitration, the state and federal courts located in California will have exclusive jurisdiction, and you consent to their personal jurisdiction and venue.
Your right to opt out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing support@waitloop.io with your account email and a statement that you wish to opt out. Opting out will not affect the other provisions of these Terms.
In addition to the Waitloop software, we offer live, one-on-one coaching and training, including the Vibe Coding Masterclass and any multi-session programs described on our website (the "Coaching Services"). This section applies whenever you book or attend Coaching Services and takes precedence over Section 2 for those purchases.
We may update these Terms from time to time. When we make material changes, we will update the effective date above and, where appropriate, notify you. Your continued use of the Services after an update means you accept the revised Terms.