Terms & Conditions

Introduction

Qwaiting offers a customer service management software platform provided as a service, allowing users to manage waiting lines and walk-in appointments at physical locations effectively. This service is accessible through the Qwaiting App and online at https://qwaiting.com/

These Terms of Service outline the conditions under which you are permitted to utilize the Qwaiting Service, including any applications or features provided by Qwaiting through the service, whether on a trial or paid subscription basis. By signing up for a subscription form, you acknowledge and agree to comply with these Terms of Service.

Commencement and Duration

Trial and Subscription

Free Trial/Demo

Qwaiting offers a free trial of the Qwaiting Service, which starts on the Service Start Date and will end at the Last Date of the Trial Period unless terminated earlier according to clause 4.3 or clause 19. The client needs Qwaiting's prior consent to use the Qwaiting Service for more than one Trial Period.

Subscription

If the customer purchases a paid subscription to access and uses the Qwaiting Services, the Paid Subscription will start on the relevant Service Start Date and, unless terminated earlier as per clause 19, will continue for an Initial Subscription Period.

The Paid Subscription will automatically renew for an additional Initial Subscription Period (referred to as an "Extended Subscription Period") at the end of the Initial Subscription Period and the end of each subsequent Extended Subscription Period, unless:

• Either party gives written notice to the other party to end the Paid Subscription at the end of the Initial Subscription Period or Extended Subscription Period. This notice must be given no later than one (1) day before the expiry of the Initial Subscription Period or the then-current Extended Subscription Period.
• There are no outstanding Service Fees or other amounts at that time.

Access to the Qwaiting Service

Qwaiting grants the Client a non-exclusive, non-transferable license to access and use the Qwaiting Service during the Trial Period or Subscription Period, in line with the Agreement.

The Client may not sublicense the rights granted, except to allow Authorized Users access to the Qwaiting Service.

The Client must ensure that all Authorized Users are aware of the Agreement's terms and comply with them and that Qwaiting is not liable to the Authorized Users.

• The Client is solely responsible for maintaining the confidentiality of its login details and other activities within Client Accounts, including all activities of Authorized Users.
• Qwaiting encourages the use of "strong" passwords to prevent unauthorized access to the Qwaiting Service.
• The Client must notify Qwaiting of any unauthorized access or use as soon as possible. If any login details are compromised, the Client shall notify Qwaiting at info@qwaiting.com and disable the relevant Client Account.
• The Client is prohibited from accepting any commission or payment for granting access to the Qwaiting Service to Authorized Users, whether during or after the Trial Period or Subscription Period.

Changes to the Service Plan

If the client wants to switch to another service plan, they must submit the requested change in writing to Qwaiting (a "Change Request").

Upon receiving the change request, Qwaiting will, in a reasonable time, give the client a written estimate of

• the time needed to implement the change;
• the effect the proposed changes would have on the service fees, and any other extra costs the client needs to pay to implement the change.

Qwaiting Apps

Qwaiting gives client permission to download and use their apps on their devices. This permission is limited and cannot be transferred to others. The client is allowed to let authorized users and customers use the apps, but they cannot give the rights to anyone else. Also, Qwaiting may provide updates for the apps, and the client is required to install these updates on their devices when notified.

Client’s Obligations

• The client needs to follow all applicable laws and regulations when using the Qwaiting Service and during its activities under the Agreement.
• They are responsible for ensuring that authorized users use the Qwaiting Service and Apps in accordance with the terms of the Agreement.
• The client must also take responsibility for any actions and oversights related to the use of the Qwaiting Service by its authorized users. If an authorized user terminates their employment or relationship with the client, the client must terminate that user's access to the Qwaiting Service.
• The client must notify Qwaiting in writing of any changes to their contact details as specified in the Subscription Form.
• The client must ensure that their network and systems, including their internet browser and operating systems, comply with any relevant specifications provided by Qwaiting in writing.
• They are solely responsible for obtaining and maintaining their network connections and telecommunications links from their systems in order to access and use the Qwaiting Service.

Intellectual Property Rights (Legal Rights)

Qwaiting owns all intellectual property rights in the Qwaiting Service and these works are protected by copyright and other laws and treaties. All rights are reserved. The Client is not granted any rights or licenses in respect of the Qwaiting Service, except as expressly set out in the Agreement.

When using the Qwaiting Service or Apps, the Client will not:

• try to copy, modify, duplicate, create derivative works from, republish, download, or distribute any part of the Qwaiting Service or Apps in any form or media or by any means;
• access any part of the Qwaiting Service or Apps to build a product or service that competes with the Qwaiting Service;
• delete or remove any proprietary or intellectual property notice contained in the Qwaiting Service or Apps.

Fees and Payment

The Client must pay Qwaiting the service fees in advance for the Initial Subscription Period before the service starts. For each subsequent Extended Subscription Period, the Client also needs to pay the service fees in advance.

The Client will provide their bank details and any other requested information to Qwaiting. Qwaiting is authorized to debit the service fees from the Client's bank account on specific dates.

If the Client adds new locations, they will be charged additional service fees.

If the service fees are not paid on time, Qwaiting may suspend the Client's access to the service.

If payment is not made within 30 days, interest will accrue, and the Client will need to reimburse Qwaiting for any incurred costs and expenses.

All amounts are payable in US dollars, and any taxes are deducted from the payable amount.

Availability and Support

Qwaiting will try to ensure that the Qwaiting Service is available with a 99% uptime rate, except for planned maintenance, for which 24 hours notice will be given, and unscheduled maintenance during normal business hours or otherwise, for which Qwaiting will give the Client advance notice.

Qwaiting also commits to responding to Client queries regarding technical issues within 34 hours from receipt of a query, which should be sent by the Client to Qwaiting at: info@qwaiting.com and providing support during normal working hours.

However, the client is expected to provide necessary support to Qwaiting, including detailed descriptions of issues and updates on the performance of the Qwaiting Service.

Qwaiting is not obligated to provide support or advice if the request is unrelated to the service's functionalities, unlawful, in breach of the agreement, related to a failure to install an update, or falls outside the scope of Qwaiting’s expertise.

Suspension and Termination

We are not responsible to you or any third party if we terminate or suspend your account or access to the services as per these terms and conditions.

For Clients using a Free Trial:

If you violate the terms and conditions, we can stop your access to the services and your account. We will notify you of the activities that break the terms and conditions and give you 15 days to correct or stop those activities. If you don't do this, or if we find that the violation can't be fixed, your account will be terminated, and all related service data will be removed permanently.

You can delete your account before the free trial ends, but this will lead to the permanent removal of all related service data.

If you don't delete your account or modify it before or on the expiry of the free trial, we might terminate your account. We will keep any related service data for 6 months after the account is terminated, after which it will be removed permanently.

Customers on a Service Plan:

If you have a service plan, your account can be suspended or terminated for the following reasons:

• If you don't pay for the subscription or violate the terms and conditions, we can stop your access to the service or your account. We'll let you know what you did wrong and give you 15 days to fix it. If you don't, your account will be terminated. Some of your data will be kept for 14 days after termination.
• You can choose to stop your account at any time if you pay with a credit card. If you use other payment methods, you can request to stop your account by emailing info@qwaiting.com. Your data will be kept for 14 days after termination.
• If you don't renew your subscription, we may terminate your account. Some of your data will be kept for 6 months after termination.

If your Account is Terminated:

• We recommend that you save all your data before your account is terminated. Once your data is deleted, it cannot be recovered.
• You may need to pay any outstanding subscription costs when your account is terminated unless we agree otherwise.
• You might be eligible for a refund if you terminate your account due to a serious violation by us, provided you give us at least 30 days' notice.

Qwaiting’s Liability

Qwaiting will not be responsible for any loss arising from the Agreement in the following categories: loss of profit, business opportunity, goodwill, revenue, turnover, anticipated savings, wasted expenditure, data, or any special, indirect, or consequential damage or loss, costs, or expenses.

However, Qwaiting's liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation, is not excluded or limited.

Qwaiting's total liability under the Agreement will be limited to the Service Fees payable by the Client in the 12 months before the event giving rise to the claim.

Governing Law

These terms will be governed by the laws of the State of California, regardless of any conflicting laws. By agreeing to these terms, you are also agreeing to have any disputes related to the terms or your use of the service resolved in the federal and state courts of California, specifically in San Francisco County.

I hope you have a clear understanding of the rules and guidelines that shape your experience with Qwaiting. If you have any questions or concerns, please don't hesitate to reach out to our support team via info@qwaiting.com.