Terms of Service

Welcome to Qcumber (the "App", "Service"), a Software as a Service (SaaS) application designed to help businesses ("Companies", "You", "User") manage waitlists for their customers ("Clients") through features including but not limited to virtual waiting rooms, SMS notifications, historical views, and analytics.

These Terms of Service ("Terms", "TOS") govern your access to and use of our Service. Please read them carefully. By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

1. Definitions

• "Service" refers to the Qcumber application, website, and any related services provided by us.
• "Company" or "User" refers to the business entity or individual creating an account and using the Service to manage their waitlists.
• "Client" refers to the customers of the Company who are added to a waitlist.
• "User Content" means all information and data (including text, images, branding) that a User submits or uses with the Service, including information about their Clients.

2. Eligibility and User Accounts

2.1 Eligibility

You represent and warrant that you are at least 18 years old (or the age of majority where you reside) and have the legal capacity to enter into these Terms. If you are under 18 (or the age of majority), you may not use or register for the Service.

2.2 User Accounts

To use most features of the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information during the registration process.
• Maintain and promptly update your account information.
• Maintain the security of your password and accept all risks of unauthorized access to your account.
• Promptly notify us if you discover or otherwise suspect any security breaches related to the Service.

You are responsible for all activities that occur under your account.

3. Description of Service

Qcumber provides a platform for Companies to create and manage virtual waiting rooms. This includes adding Clients (collecting their name, phone number, and party size), sending automated SMS notifications to Clients when it is their turn, and accessing historical data and analytics related to waitlist activity. Companies can customize their virtual waiting rooms to align with their brand.

4. Data Collection and Privacy

Our Service allows Companies to collect personal information from their Clients, specifically names, phone numbers, and party size.

• Company Responsibility: As a Company using our Service, you are responsible for your own compliance with applicable data privacy laws. This includes obtaining necessary consents from your Clients to collect their information and to send them SMS notifications through our Service.
• Our Role: We act as a data processor for the Client data you collect. Our data practices are described in detail in our Privacy Policy (https://qcumberapp.com/privacy, last updated 6/2/2025), which is incorporated by reference into these Terms. By using Qcumber, you consent to the storage and processing of your personal information in the United States under Washington state law and acknowledge any transfers outside the United States.
• Data Subject Rights (GDPR & CCPA): If you are an individual within the European Economic Area or a California resident, please see the sections on Data Subject Rights and California Privacy Rights in our Privacy Policy for additional information on your rights under GDPR and CCPA.
• We do not claim ownership over the data you collect about your Clients.

5. Subscription, Fees, and Payment

5.1 Free Trial

We may offer a free trial period for our Service (e.g., 14 days). After the trial period, you will need to subscribe to a paid plan to continue using the Service.

5.2 Subscription Plans and Automatic Renewal

The Service is offered on a subscription basis. Details of current subscription plans and their pricing are available on our website or within the App. We reserve the right to change our subscription plans and pricing upon reasonable notice.

• Automatic Renewal: Unless you cancel before the end of the current term, your subscription will automatically renew for an identical term (monthly or annual) at the then-current rate. We will notify you at least 30 days before any material price change.

5.3 Billing and Payment Failure

You will be billed in advance on a recurring, periodic basis (e.g., monthly or annually), as specified in your chosen subscription plan. You agree to provide current, complete, and accurate payment information. By providing payment information, you authorize us to charge all subscription fees due through your designated payment method.

• Payment Failure: If your payment method fails (e.g., card decline), we may retry up to two times over the next five days. If payment remains unsuccessful, we reserve the right to suspend your access until you provide updated billing information.

5.4 Cancellation and Data Retention

You may cancel your subscription at any time. Cancellation will be effective at the end of the current billing cycle. No refunds or credits will be provided for partial subscription periods or unused Service, unless otherwise required by law.

• Data Retention Post-Cancellation (see also Section 13.1): Upon termination or non-renewal of your subscription, we will retain your User Content (including Client lists and analytics) for 30 days, after which it may be permanently deleted, unless required otherwise by law.

5.5 Refund Policy and Chargebacks

• 30-Day Money-Back Guarantee: We offer a 30-day money-back guarantee for initial subscriptions. If you are not satisfied with our Service for any reason within the first 30 days of your paid subscription, you may request a full refund by emailing hello@qcumberapp.com with your account ID and reason. We will process approved refunds within 14 business days to the original payment method. This guarantee applies only to your initial subscription term and does not apply to renewals or subsequent subscriptions.
• Chargebacks: If you initiate a chargeback, we reserve the right to suspend or terminate your account pending resolution of the chargeback.

5.6 Taxes

All fees are exclusive of applicable taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

6. User Conduct, Responsibilities, and DMCA Notice

6.1 Acceptable Use

You agree not to use the Service to:

• (a) Violate any applicable local, state, national, or international law or regulation.
• (b) Infringe upon or violate our intellectual property rights or the intellectual property rights of others.
• (c) Transmit any material that is abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
• (d) Transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
• (e) Transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
• (f) Attempt to gain unauthorized access to our Service, other accounts, computer systems, or networks connected to our Service.
• (g) Interfere with or disrupt the integrity or performance of the Service or the data contained therein.

This Acceptable Use Policy helps ensure a safe environment for all Users.

6.2 DMCA / Copyright Infringement

If you are a copyright owner or agent thereof and believe any User Content infringes your rights, please provide us a written notice containing:

• A physical or electronic signature of the copyright owner or their agent.
• Identification of the copyrighted work claimed to have been infringed.
• Identification of the allegedly infringing material and its location on the Service.
• Your contact information (address, telephone number, email).
• A statement of good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notice is accurate, and, under penalty of perjury, that you are the copyright owner or authorized to act on the owner's behalf.

Upon receipt of a compliant notice, we will respond in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

6.3 Confidentiality

"Confidential Information" means any non-public information disclosed by one party (Disclosing Party) to the other (Receiving Party), including business plans, technical data, Client lists, and pricing. Each party shall:

• (a) Protect Confidential Information with at least the same degree of care it uses for its own confidential data, but never less than reasonable care.
• (b) Not disclose Confidential Information to any third party except with prior written consent of the Disclosing Party or as required by law.
• (c) Use Confidential Information solely to perform its obligations under these Terms.

This obligation survives termination.

7. SMS Notifications

The Service allows Companies to send SMS notifications to their Clients.

• Client Consent: You, the Company, are solely responsible for obtaining and maintaining appropriate consent from your Clients to receive SMS messages via the Service, in compliance with all applicable laws and regulations (e.g., Telephone Consumer Protection Act (TCPA) in the United States).
• Message Content: You are responsible for the content of the SMS messages sent to your Clients.
• Carrier Charges: You acknowledge that standard message and data rates may apply for SMS messages sent to and received by Clients. You must inform your Clients of this possibility. We are not responsible for any SMS charges incurred by your Clients.

8. Intellectual Property and License Grant

8.1 Qcumber Intellectual Property

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of Qcumber and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

8.2 License Grant to Users

Subject to your compliance with these Terms, Qcumber grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for managing your waitlists in accordance with this Agreement. All rights not expressly granted herein are reserved by Qcumber.

8.3 User Content and License to Qcumber

You retain all ownership rights to your User Content. However, by submitting User Content to the Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service and our business, including for promoting and redistributing part or all of the Service. This includes use in marketing materials, documentation, and training.

8.4 Feedback

If you provide us with any feedback, suggestions, or ideas regarding the Service (Feedback), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use such Feedback and related information in any manner we deem appropriate, without compensation or acknowledgment to you.

9. Service Availability, SLA, and Modifications

9.1 Service Availability

We will use reasonable efforts to make the Service available at all times, except for:

• Planned downtime (e.g., maintenance windows), and
• Any unavailability caused by circumstances beyond our reasonable control (see Section 9.3).

9.2 Service Level Commitment (SLA)

We aim to maintain at least 99.9 % uptime in any calendar month (excluding scheduled maintenance). If we fall below that threshold, you may request a service credit equal to 10 % of your monthly subscription fee, provided you submit a written request within 30 days after the end of the calendar month in which the uptime fell below 99.9 %. Uptime is measured by internal server logs.

9.3 Modifications to the Service & Force Majeure

• Modifications to the Service: We reserve the right to modify, suspend, or discontinue, temporarily or permanently, the Service or any part of it with or without notice. For significant removals or changes that materially degrade functionality, we will provide at least 30 days' notice via email and an in-app banner. For minor tweaks or bug fixes, no notice is required.
• Force Majeure: Neither party shall be liable for any failure or delay in performance caused by events beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, strikes, labor shortages, shortages of materials or utilities, fire, flood, storms, epidemics, pandemics, governmental actions, or failures of Internet service providers. The affected party shall promptly notify the other and use reasonable efforts to resume performance as soon as practicable.

10. Disclaimers of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL QCUMBER, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• The use or the inability to use the Service;
• The cost of procurement of substitute goods and services;
• Unauthorized access to or alteration of your transmissions or data;
• Statements or conduct of any third party on the Service;
• Any other matter relating to the Service.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE EXCEED THE AMOUNTS PAID BY YOU FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY, OR ONE HUNDRED U.S. DOLLARS (USD $100.00), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO US, AS APPLICABLE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. Indemnification

By You:

You agree to defend, indemnify, and hold harmless Qcumber, 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:

• Your violation of these Terms or your use of the Service, including your User Content;
• Any use of the Service's content, services, or products other than as expressly authorized in these Terms;
• Your violation of any law or the rights of a third party;
• Your failure to obtain necessary consents from Clients or to comply with telecommunications regulations (e.g., TCPA).

By Qcumber:

Qcumber will defend and indemnify you against any third-party claim that the Service, as provided by Qcumber, infringes a U.S. intellectual property right, provided you give prompt written notice, cooperate fully in the defense, and allow us to control the defense and settlement. Qcumber will not have any obligations under this section for materials resulting from (a) modifications made by anyone other than Qcumber, (b) your use of the Service in violation of these Terms, or (c) combination of the Service with third-party products.

13. Termination

13.1 By You

You may terminate your account and these Terms at any time by ceasing to use the Service and requesting account deletion if such an option is available.

13.2 By Us

We may, in our sole discretion, suspend or terminate your access to all or part of the Service with or without notice and for any reason, including, without limitation, breach of these Terms.

13.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions (Sections 8 & 14), warranty disclaimers (Section 10), indemnity (Section 12), and limitations of liability (Section 11). We may delete your User Content upon termination, but we are not obligated to do so.

13.4 Data Retention

Upon termination or non-renewal of your subscription, we will retain your User Content for 30 days to allow you to export data. After 30 days, your data may be permanently deleted, unless otherwise required by law.

14. Governing Law, Dispute Resolution, and Notice of Claims

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict of law provisions.

14.2 Mandatory Notice of Claims

Before initiating arbitration or filing a lawsuit, you must send a written notice of your dispute to hello@qcumberapp.com, describing in reasonable detail the nature of the dispute, the parties involved, and the relief sought. Both parties agree to attempt in good faith to negotiate a resolution for at least 30 days from the date the notice is received.

14.3 Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service (including any question regarding its scope, applicability, or validity) shall be resolved exclusively by binding arbitration administered by JAMS in Seattle, Washington, under its then-current Commercial Arbitration Rules and Procedures.

• Arbitration Procedure:
  • The arbitration will be conducted by a single neutral arbitrator with substantial experience resolving SaaS-related disputes.
  • The arbitrator shall apply Washington state substantive law and the Federal Arbitration Act where applicable.
  • The proceeding shall be held in English in Seattle, Washington.
  • Each party shall bear its own attorneys' fees and costs, unless the arbitrator rules otherwise under Washington law.
• Exceptions & Injunctive Relief:
  • Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction in King County, Washington, to protect its intellectual property rights or confidential information pending the outcome of arbitration.

14.4 Time Limit on Claims

YOU AND QCUMBER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

15. Changes to Terms of Service

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material (e.g., changes to pricing structure, refund policy, or arbitration terms), we will provide at least 30 days' notice prior to the new Terms taking effect by emailing the address on file and displaying a banner in the App. What constitutes a material change is determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, in whole or in part, please stop using the Service.

16. Export Compliance

You shall not use, export, or re-export the Service except as permitted by U.S. law and any other applicable country's laws, regulations, and government orders. In particular, you may not export the Service (or any underlying information) to any U.S. embargoed country or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals.

17. Miscellaneous

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Qcumber regarding your use of the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

17.2 Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

17.3 Waiver

No waiver by Qcumber of any term or condition set out in these Terms shall 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 Qcumber to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

17.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. We may assign or transfer these Terms, at our sole discretion, without restriction.

18. Contact Information

If you have any questions about these Terms of Service, please contact us at:

Qcumber
hello@qcumberapp.com

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