Terms of service

Waity is a product of BitByte Labs LLC. By creating an account, clicking to accept these Terms, or using Waity, you agree to these Terms and to our Privacy Policy.

If you accept these Terms on behalf of a business or other organization, you confirm that you have authority to bind that organization, and "you" refers to that organization. If you do not agree to these Terms, do not use Waity.

• "Waity" or the "Service" means the Waity website, application, public booking and waitlist pages, and related services we provide.
• "Authorized Users" means the owners, managers, staff, and other people you allow to use Waity under your account.
• "End Customers" means your customers, including people who book with you, join your waitlist, or whose visits you record in Waity.
• "Customer Content" means the information you, your Authorized Users, or your End Customers submit to Waity, such as visit records, appointments, contact details, notes, and your logo.

Waity is for business use only. It is not for personal, family, or household use.

You must be at least 18 years old and able to form a binding contract to create an account.

You agree to provide accurate account information and keep it up to date.

You are responsible for:

• Keeping login credentials confidential
• All activity under your account, including actions taken by your Authorized Users
• Giving each Authorized User an appropriate role and removing access for people who should no longer have it

Tell us right away at [email protected] if you believe your account has been accessed without permission.

Subject to these Terms and payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use Waity during your subscription for your internal business operations.

We and our licensors own Waity, including its software, design, and trademarks. These Terms do not transfer any intellectual property to you. We reserve all rights not expressly granted in these Terms.

If you send us feedback or suggestions, we may use them without any obligation to you.

You own your Customer Content. We do not claim ownership of it.

License to us. You grant us a non-exclusive, worldwide, royalty-free license to host, store, copy, process, transmit, and display Customer Content as needed to provide, maintain, secure, and support Waity, and as described in our Privacy Policy.

Your responsibilities. You are responsible for:

• Collecting and using End Customer information lawfully
• Giving End Customers any required privacy notices and obtaining any required consents, including for appointment and reminder emails sent through Waity
• The accuracy of Customer Content
• Having the rights to any logos, images, or other materials you upload
• The actions of your Authorized Users
• Responding to End Customers' requests about their information. We will provide reasonable help where we can.

Sensitive information. Waity is not designed to store sensitive information. Do not enter government identification numbers, financial account or payment card numbers, or health or medical details into Waity.

Healthcare providers and HIPAA. Waity is not an electronic medical records system and is not designed to meet the requirements of the Health Insurance Portability and Accountability Act (HIPAA). We do not sign business associate agreements. Appointment and waitlist information held for a healthcare provider can be protected health information under HIPAA. If you are a covered entity or business associate under HIPAA, you may not use Waity to create, receive, maintain, or transmit protected health information.

Exporting your data. Owners and admins can export their organization's data where the product supports it. If you need a copy of your data and cannot export it yourself, email [email protected] and we will provide one within a reasonable time. You are responsible for exporting any data you want to keep before your account is closed.

You agree not to, and not to allow anyone else to:

• Use Waity in violation of any law or anyone else's rights, including privacy and intellectual property rights
• Send spam or unsolicited marketing through Waity. Waity's email features are for messages about bookings, visits, and waitlists to people who provided their contact details for that purpose.
• Upload viruses, malware, or other harmful code
• Interfere with, disrupt, or place an unreasonable load on Waity or its infrastructure
• Probe, scan, or test the security of Waity without our written permission
• Access another customer's account or data, or bypass access controls or plan limits
• Scrape, crawl, or use automated tools to access Waity, except through features we provide, such as data exports
• Reverse engineer, decompile, or attempt to extract Waity's source code, except where the law allows this despite this restriction
• Copy, frame, or mirror Waity, or use it to build a competing product
• Resell, sublicense, rent, or provide Waity to third parties, unless we agree in writing
• Impersonate any person or misrepresent your affiliation with any business

Plans

Waity offers these plans:

• Starter: for one location, with no payment card required
• Growth and Scale: paid plans, priced per location per month, that you choose in Billing in the app after you sign up
• Enterprise: available through our sales team (see Section 10)

The features and limits of each plan, such as the number of locations, analytics, and branding, are described on our pricing page and in the app when you choose a plan.

Free trials

Every new account gets Growth free for 14 days, and we do not ask for a payment card. When the trial ends, your account moves to the Starter plan unless you subscribe.

To subscribe to Growth or Scale, you add a payment card at checkout from Billing in the app. Your subscription is charged at the price for the plan and billing interval you chose.

Billing

You choose monthly or yearly billing when you subscribe. Fees are billed in advance at the start of each billing period.

Subscriptions renew automatically at the end of each billing period until you cancel.

Payments are processed by Stripe using major credit and debit cards. By subscribing, you authorize us, through Stripe, to charge your payment method for all fees when due. Please keep your payment information current.

Price changes

We may change our prices. If we do, we will notify you in advance by email or in the app, and the new price will apply starting with your next billing period.

Taxes

Fees do not include taxes. You are responsible for any applicable sales, use, or similar taxes, except taxes based on our income.

Failed payments

If a payment fails, Stripe may retry the charge. We may suspend or downgrade access to paid features until payment is made.

Plan changes

You can change plans in the app where available. If you move to a plan with lower limits, you are responsible for bringing your usage within those limits, and features or data tied to the higher plan may become unavailable.

No refunds

Except for the free trial rule above and the discontinuation refund in Section 16, fees are non-refundable, including for partial billing periods and unused features, except as required by law.

Cancellation

You can cancel at any time by emailing [email protected] or, where available, through the billing settings in the app. There is no cancellation fee. After you cancel, you keep access to your paid plan until the end of the billing period you have already paid for. Canceling a paid subscription does not delete your data. To close your account and delete your data, see our Privacy Policy.

The Starter plan is free and does not require a payment card. We may change the Starter plan's features or limits, or discontinue it. If we do, we will give you reasonable advance notice by email or in the app so you can upgrade or retrieve your data.

Enterprise plans are sales-led and may include custom volume, support, or other terms. If you and BitByte Labs sign a separate Enterprise agreement, that agreement controls where it conflicts with these Terms.

Waity relies on third-party services, including Stripe for payments. Your use of those services may be governed by their own terms and privacy policies. Waity may also contain links to third-party websites. We are not responsible for third-party services or websites.

We are always working on Waity, so we may add, change, or remove features. If we remove a feature that is a material part of a paid plan you are subscribed to, we will notify you in advance by email or in the app.

We work to keep Waity available, but it may be unavailable from time to time for maintenance, updates, or reasons outside our control. We do not provide an uptime guarantee or service level agreement unless one is included in a separate signed Enterprise agreement.

TO THE FULLEST EXTENT PERMITTED BY LAW, WAITY 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, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT WAITY WILL BE UNINTERRUPTED OR ERROR-FREE, THAT EMAILS SENT THROUGH WAITY (INCLUDING APPOINTMENT REMINDERS) WILL BE DELIVERED OR DELIVERED ON TIME, OR THAT ANALYTICS, WAIT TIMES, OR OTHER INFORMATION IN WAITY WILL BE ACCURATE OR COMPLETE. YOU REMAIN RESPONSIBLE FOR YOUR BUSINESS OPERATIONS AND DECISIONS.

TO THE FULLEST EXTENT PERMITTED BY LAW:

• BITBYTE LABS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA, ARISING OUT OF OR RELATED TO THESE TERMS OR WAITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
• BITBYTE LABS' TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR WAITY WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID US FOR WAITY IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

These limits do not limit your obligation to pay fees or your obligations under Section 15 (Indemnity), and they do not apply where the law does not allow liability to be limited.

You will defend, indemnify, and hold harmless BitByte Labs and its members, managers, employees, and contractors from any third-party claims, and related losses, damages, and costs (including reasonable attorneys' fees), arising out of:

• Your Customer Content
• Your collection or use of End Customer information, including any failure to provide required notices or obtain required consents
• Your or your Authorized Users' violation of these Terms or of any law
• Your dealings with your End Customers, including the services you provide to them

We will notify you promptly of any claim, let you control its defense, and provide reasonable cooperation at your expense. You may not settle a claim in a way that admits fault by BitByte Labs or imposes obligations on us without our written consent.

By you. You can cancel at any time, as described in Section 8.

Suspension by us. We may suspend your access to Waity, in whole or in part, if:

• Fees are unpaid
• You or your Authorized Users violate Section 7 (Acceptable use)
• Your use poses a security risk to Waity or to others
• We are required to by law

Where reasonable, we will notify you before or promptly after a suspension and restore access once the issue is resolved.

Termination by us. We may terminate your account if you materially breach these Terms and do not fix the breach within a reasonable time after we notify you, or immediately if the breach cannot be fixed or involves unlawful use or a security risk. If we discontinue Waity or a paid plan you are subscribed to, we will give you at least 30 days' notice and refund any fees you prepaid for the unused part of your billing period.

Effect of termination. When your account ends, your right to use Waity ends. We handle your data after termination as described in our Privacy Policy. Sections 5 (ownership and feedback), 6, 8 (fees owed), 13, 14, 15, 18, and 19 survive termination.

We may update these Terms from time to time. When we do, we will change the "Last updated" date at the top. If we make material changes, we will notify you by email or in the app before the changes take effect.

If you keep using Waity after the changes take effect, you accept the updated Terms. If you do not agree, you can cancel your account. Changes will not apply to disputes that arose before the change took effect.

These Terms are governed by the laws of the State of Georgia, USA, without regard to its conflict of laws rules.

Any dispute arising out of or related to these Terms or Waity will be brought exclusively in the state courts located in Gwinnett County, Georgia, or in the United States District Court for the Northern District of Georgia, as appropriate. You and BitByte Labs consent to the personal jurisdiction of those courts.

• Entire agreement. These Terms, our Privacy Policy, the plan details you select, and any separate signed Enterprise agreement are the entire agreement between you and BitByte Labs about Waity. They replace any prior agreements on the same subject.
• Severability. If any part of these Terms is found unenforceable, the rest remains in effect, and the unenforceable part will be enforced to the maximum extent allowed.
• No waiver. Our failure to enforce any part of these Terms is not a waiver of our right to enforce it later.
• Assignment. You may not assign these Terms without our written consent, except to a successor in a merger or sale of all or substantially all of your business. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Events outside our control. We are not responsible for delays or failures caused by events outside our reasonable control, such as outages of third-party providers, internet failures, or natural disasters.
• Relationship. You and BitByte Labs are independent contractors. These Terms do not create a partnership, joint venture, or employment relationship.
• No third-party beneficiaries. These Terms are for the benefit of you and BitByte Labs only. Your End Customers are not third-party beneficiaries.
• Notices. We may send notices to the email address on your account or in the app. You may send notices to [email protected].

Questions about these Terms? Contact us:

BitByte Labs LLC 2465 Arnold Mill Rd NW Lawrenceville, GA 30044, USA Email: [email protected]