TERMS OF SERVICE
Last updated July 22, 2022
Please read these terms of service carefully because they contain important information concerning your rights and obligations (as well as limitations or exclusions) arising from your access to and/or use of the Services (as defined below).
DO NOT SIGN UP FOR AN ACCOUNT OR USE THE SERVICES IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THESE TERMS OF SERVICE.
Arisota Software LLC and its affiliates (the “Company”, “we”, “our”, or “us”) provide the https://www.www.waitly.com/ website (the “Site”) and the features, apps, platforms, products, and services offered through the Site (collectively, the “Services”) subject to these terms of service.
If you have any questions about our terms of service, feel free to contact us at firstname.lastname@example.org.
1. Acceptance of Terms of Service
The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Service”, “Terms”, or “Agreement”), govern your access to and use of the Services, including any content, functionality, and services offered on or through the Services.
These Terms are entered into by and between You and the Company. References to “you” and “your” mean, individually or collectively, as the context dictates, the individual user of the Services; or, if such individual accesses or uses the Services in the capacity as an employee or other service provider of a legally recognized entity, such legally recognized entity. If you access or use the Services in the capacity as an employee or other service provider of a legally recognized entity, you affirm you are authorized to do so and that you have the legal right and authority to bind such legal entity to these Terms. You may permit your employees, agents, or contractors (“Authorized Users”) to use the Services, provided that your Authorized Users comply with these Terms. You are responsible for the use and actions of your Authorized Users.
We may refuse service, close your account or the accounts of any Authorized User, or change eligibility requirements at any time.
The Services are offered and available to users who are 18 years of age or older . By using the Services, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
The Services are controlled and operated by the Company from its offices within the United States. Company makes no representation that materials on the Site and in the Services are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with all applicable local laws.
2. Privacy Notice
Please review our Privacy Notice at https://www.www.waitly.com/privacy/ for information on how we collect, use, and disclose personally identifiable information from users of and visitors to the Services. If any conflict exists between these Terms and our Privacy Notice, the Terms will prevail.
3. Accessing the Services, Registration, Accounts and Passwords; Mobile Features
a. Access and Registration
You are responsible for making all arrangements necessary for you to have access to the Services and ensuring that all persons who access the Services through your internet connection or devices are aware of these Terms and comply with them.
To access the Services or some of the resources the Services offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide is correct, current, and complete. We may terminate your access to our Services if we learn that you have provided us with false or misleading registration data. You agree that all information you provide to register with us or otherwise, including but not limited to through the use of any interactive features on the Services, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.
b. User Names and Passwords
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password, or other security information. You are solely responsible for maintaining the confidentiality of your password and account, and you are solely responsible for all use of your password or account, whether authorized by you or not. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You are solely responsible for logging out of the Services at the end of each session. Company cannot and will not be liable for any loss or damage arising from your failure to comply with these Terms.
c. User Communications (including by mobile phone)
The Services offer certain features and services that are available to you via your wireless device. These features and services may include the ability to access the certain features, upload content, receive messages, and download applications to your wireless device. Your carrier may prohibit or restrict certain features of the Services and certain Services may be incompatible with your carrier or wireless device. You should check with your carrier regarding these issues.
You agree that the Company may contact you by electronic communication, including telephone or text messages (including by an automatic telephone dialing system) at any of the email addresses or phone numbers provided by you or on your behalf in connection with your account or use of the Services, including for marketing purposes. You are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
You also understand that you may opt out of receiving emails or text messages from us at any time either by texting the word “STOP” to any text message using the mobile device that is receiving the messages, by following the directions to opt-out at the bottom of any email and using the unsubscribe link contained in the email, or by contacting us at email@example.com.
4. Changes to the Terms of Service; Changes to Services
We may modify these Terms of Service from time to time and, when making modifications, we will update the “Last Updated” date set forth above. All changes are effective immediately when we post them and apply to all access to and use of the Site and the Services thereafter. However, any changes to the provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Site. Your continued use of the Services after the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of change as they are binding on you.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services in our sole and absolute discretion without notice to you. We will not be liable if for any reason all or part of the Services are unavailable at any time. From time to time, we may restrict access to some parts of the Services to users, including registered users. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
To the extent the Services or any portion thereof is made available through an account or license, your access will be granted following payment of the applicable fees to Company (“Account Fee”). The Account Fee is based on the fee schedule and payment obligations as set forth in a separate agreement with us. You hereby authorize us, either internally or through a third-party payment processor, to charge your credit card. Account Fees are not refundable. If you fail to pay any Account Fee or other fees, Company may suspend your access to the Services.
You represent and warrant to Company that such payment information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.
6. Intellectual Property and Use Restrictions
a. Intellectual Property
The Services and its entire contents, features, and functionality, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof (“Company Content”) is owned by the Company, its licensors, or other providers of such material (collectively, and individually, “Company Content Providers”) and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You agree not to modify, copy, decompile, reverse engineer, distribute, transmit, share, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any Company Content and/or Services obtained from or through Company.
The Services contain proprietary and copyright-protected information. Any unauthorized use of any Company Content contained on the Services may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content in whole or in part.
You will not upload, post, or otherwise make available on or via the Services, any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right. You will indemnify Company and its officers, directors, employees, and agents for any claims by third-parties of infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from submission of material by you.
The Company Content and Services may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company without express written consent. You must not modify copies of any materials from the Services or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services. You may not use any meta tags or any other “hidden text” utilizing Company’s name or trademarks without the express written consent of Company. You may not misuse the Services. You may use the Services only as permitted by law. You must not access or use for any commercial purposes any part of the Services except as set forth in a separate agreement between you and the Company.
YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SITE, THE SERVICES, OR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW.
7. Disclaimer of Warranties
COMPANY DISCLAIMS ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE AND NONINFRINGEMENT. ALL INFORMATION IS PROVIDED BY COMPANY ON AN “AS IS” BASIS ONLY.
COMPANY MAKES NO WARRANTY THAT (i) THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES WILL BE ACCURATE, COMPLETE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, INFORMATION, OR OTHER SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS; AND (v) THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
COMPANY DOES NOT WARRANT THAT THE SITE AND/OR SERVICES WILL BE COMPATIBLE WITH YOUR MOBILE DEVICE OR CARRIER. Your use of the Services may be subject to the terms of your agreements with your mobile device manufacturer or carrier.
8. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUES, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) YOUR USE OR THE INABILITY TO USE THE SITE AND/OR SERVICES ; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICE PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES. YOU ALSO AGREE THAT COMPANY WILL NOT BE LIABLE FOR ANY INTERRUPTION OF BUSINESS, ACCESS DELAYS, OR ACCESS INTERRUPTIONS TO THE SITE OR SERVICES, DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, AND EVENTS BEYOND COMPANY’S REASONABLE CONTROL.
IN NO EVENT SHALL COMPANY BE FINANCIALLY LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
9. Transmissions and Customer Contributions
“Customer Contributions” means all data, information, or content provided, uploaded, recorded, or posted by any Authorized User during and in connection with its authorized use of the Services published or displayed on or through the Services or transmitted to or shared with other users. Any Customer Contributions, material, information, or idea you transmit to the Site or through the Services by any means will be treated in accordance with Company’s Privacy Notice.
You grant the Company and its affiliates and service providers, and each of their and our licensees, successors, and assigns, the limited license to process the Customer Contributions you transmit through the Services. You represent and warrant that you own or control all rights in, to, and under the Customer Contributions you transmit through our Services, and have received the applicable consent to collect, use, and process such Customer Contributions, and have the right to grant the license granted above to us.
You understand and acknowledge that you are responsible for any Customer Contributions you submit or transmit, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
You further authorize Company (and its affiliates, licensors, agents, and subcontractors) to aggregate and de-identify Customer Contributions; compile in the ordinary course of providing the Services de-identified, non-personally identifiable, technical, statistical, or analytical data; and use and disclose such aggregated and de-identified data on a non-attributed basis. To the extent an assignment of aggregated or de-identified Customer Contributions is needed to permit Company to obtain ownership of the right, title, and interest in, to or under, any or all of the aggregated or de-identified data, you hereby assign and transfer your right, title, and interest in, to, and under such aggregated and de-identified Customer Contributions to Company. COMPANY COLLECTS AND USES CUSTOMER CONTRIBUTIONS AND ALL AGGREGATED AND DE-IDENTIFIED CUSTOMER CONTRIBUTIONS IN ACCORDANCE WITH ITS PRIVACY NOTICE.
The Services may access and transfer information over the internet and link to third-party sites and portals. You understand and acknowledge that Company does not operate or control the internet or third-party sites and portals and (i) viruses, worms, trojan horses, or other undesirable data or software; and/or (ii) unauthorized users (e.g. hackers) may attempt to obtain access to and damage your data, websites, computers, devices, or networks. Company cannot control the flow of data to or from your network and other portions of the internet or the availability of or access to third-party sites.
You may use the Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Services:
• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
• To post or transmit to or from the Services any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability.
• To post or transmit to or from the Services any To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services or expose them to liability.
• Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Site.
• Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services or reverse engineer the Services.
• Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Services.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Site is stored, or any server, computer, or database connected to the Services.
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Site and/or the Services.
In its sole and absolute discretion, with or without notice to you, Company may suspend or terminate your use of and access to the Services, terminate your account and/or remove and discard anything transmitted by you, or information stored, sent, or received via the Services without prior notice and for any reason, including, but not limited to: (i) any unauthorized access or use of the Services, (ii) any violation of this Agreement, or (iii) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Services.
Company will not be liable to you or any third-party for any claims or damages arising out of any termination or suspension of the Services. Termination, suspension, or cancellation of the Services or your access rights to the Site will not affect any right or relief to which Company may be entitled, at law or in equity, and all rights granted to you will automatically terminate and immediately revert to Company.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to Customer Contributions, your violation of these Terms of Service, your use of the Services, including, but not limited to, your use of the Site’s content, services, and products (other than as expressly authorized in these Terms of Service), any other party’s access and/or use of the Services with your unique name, password or other appropriate security code, or your use of any information obtained from the Services.
13. Governing Law and Dispute Resolution
This Agreement and performance hereunder is exclusively governed by, and construed in accordance with, the laws of the State of Arizona without regard to conflicts of law principles. You irrevocably agree that the state and federal courts in Maricopa County, Arizona will have exclusive jurisdiction to settle any dispute but the Company is entitled to apply to any court for injunctive or other remedies to protect or enforce its intellectual property rights and/or confidential information.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
14. Waiver and Severability
No waiver of by the Company of any term or condition set out in these Terms of Service will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service will not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you and any attempted transfer or assignment will be null and void.