Effective Date: June 1, 2025
These Terms of Service ("Terms") govern your use of Waitigo point-of-sale ("POS") and related services. Waitigo ("Waitigo," "we," or "us") provides POS hardware and software, payment processing, online ordering, and ancillary services (collectively, the "Services"). By using any Waitigo Service, you agree to be bound by these Terms and any other terms, policies or guidelines referenced herein, and you represent that you have the authority to enter into this agreement on behalf of yourself or your business.
Waitigo provides POS solutions including (but not limited to) payment processing, cloud-based point-of-sale software, physical POS hardware (such as terminals and card readers), and online ordering systems. The Services may include access to websites, mobile and desktop applications, and third-party integrations that we make available to you. We reserve the right to modify, suspend or discontinue any aspect of the Services at any time (for example, adding or removing features or third-party integrations).
Waitigo's Services are offered for commercial use by businesses and authorized representatives (e.g. restaurant or retail owners, employees, or agents). You agree not to use the Services for personal or household purposes. Waitigo is not responsible for any loss or damages resulting from your failure to fully understand or use all features of the Services.
To use the Services, you may be required to register for an account and provide certain information (such as business, personal, and payment details). You agree to (a) provide accurate, current, and complete information; (b) promptly update your information if it changes; and (c) maintain the confidentiality of your account credentials. You are responsible for all activity that occurs under your account, whether or not you authorized that activity. We may suspend or terminate your account if you provide inaccurate information or fail to update changes in a timely manner.
You affirm that you are at least 18 years old (or the age of majority in your jurisdiction) and have the legal authority to enter into these Terms. If you are acting on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.
You agree to use the Services in compliance with all applicable laws, regulations, card network rules, and these Terms. Without limiting the foregoing, you shall not:
You will cooperate with Waitigo and its partners to comply with credit-card network requirements. For example, if you handle credit card data, you must follow applicable PCI-DSS security standards. You agree to keep your account and any Payment Method (e.g. credit card or bank account) information up to date. You shall keep your login credentials confidential and promptly notify us if you suspect any unauthorized access.
Compliance: You must collect, use, and disclose any customer personal information in accordance with all applicable privacy and data-protection laws (e.g. GDPR, CCPA, CAN-SPAM, etc.). You are solely responsible for implementing reasonable security measures to protect any data you collect and process in connection with the Services. Waitigo does not assume responsibility for your privacy obligations; you agree to indemnify Waitigo for any failures on your part to comply with data security laws or network rules.
Fees: You agree to pay all applicable fees and charges (including taxes) for the Services you subscribe to, as specified on our pricing page or invoice. Fees may include hardware purchase or lease fees, monthly software subscription fees, transaction or payment processing fees, and any other charges you agree to. Payment terms (e.g. due dates) are described in your order confirmation or service agreement. Unless otherwise stated, fees are payable in U.S. dollars.
Payment Authorization: You authorize Waitigo to charge your designated payment method for fees when due. In the case of payment processing services, we deduct our processing fees directly from the transaction amount at the time of processing. You are responsible for ensuring that your payment method is valid and has sufficient funds. If a charge is declined or a payment fails, we may suspend or terminate the Services until payment is made.
Fee Changes: Waitigo reserves the right to change its fees with reasonable advance notice. If we increase fees or add new fees, we will notify you in writing or via your account. Your continued use of the Services after such notice constitutes acceptance of the new fees.
Taxes: All fees are exclusive of any taxes, levies, or duties imposed by taxing authorities. You are responsible for paying all applicable taxes, excluding taxes based on Waitigo's net income. If Waitigo is required to collect sales or similar taxes, we will charge them to you.
Termination: Either you or Waitigo may terminate your account or these Terms at any time, with or without cause, by giving the other party 30 days' written notice. Waitigo may also suspend or terminate your access immediately if you breach these Terms, if we suspect fraudulent or illegal activity, or if required by law. Upon termination, your right to use the Services ends. We will attempt to provide you with a reasonable opportunity to retrieve your business data (e.g. sales records, customer lists) for a limited time. We are not obligated to store data indefinitely, and we will not be liable for deletion of your data. Sections of these Terms regarding fees, refunds, intellectual property, warranty disclaimers, limitations of liability, and indemnification shall survive termination.
No Refunds: Unless otherwise required by law or as explicitly stated in a separate refund policy, all fees paid are non-refundable. If your account is terminated for cause, you remain liable for all fees and charges incurred up to the date of termination.
All intellectual property rights in the Services (including software, documentation, trademarks, and proprietary processes) are owned by Waitigo or its licensors. Waitigo grants you a limited, non-exclusive, non-transferable license to use the Services and any provided software strictly in accordance with these Terms. You shall not copy, modify, distribute, sell, or reverse-engineer any part of the Services or remove any copyright or trademark notices.
You retain ownership of your pre-existing content and data (such as business logos, product information, and menu data) that you upload to Waitigo (collectively, "User Content"). However, by submitting User Content to Waitigo, you grant Waitigo a non-exclusive, royalty-free, worldwide license to use, reproduce, transmit, and display that content as necessary to provide the Services. You represent and warrant that you have all rights and permissions to upload and use such content in connection with the Services. You may not use Waitigo's trademarks, logos or proprietary materials without our prior written consent.
Privacy Policy: All personal data collected by Waitigo in connection with the Services is governed by our Privacy Policy. By using the Services, you consent to the collection and use of your information as described in the Privacy Policy. You also agree that Waitigo may access and store data related to your account and transactions as needed to provide, improve, and secure the Services.
Data Security: Waitigo implements commercially reasonable security measures to protect data in our possession. However, no system is completely secure; you acknowledge that Waitigo cannot guarantee absolute security of your or your customers' data. In the event of any security breach affecting your data, the parties shall comply with applicable breach notification laws. You remain responsible for protecting any data exported from the Service.
Third-Party Integrations: The Services may integrate with or link to third-party applications, products or services (e.g. payment gateways, delivery platforms, or point-of-sale apps). These third-party products are provided by entities independent of Waitigo. If you choose to enable or use any third-party service, you do so at your own risk and subject to the third party's terms. Waitigo does not endorse or warrant any third-party service and is not liable for any loss or damage caused by such services. You agree to review and comply with the terms of any third-party service you use. Waitigo may also work with third-party vendors for payment processing; these vendors are not our agents, and their use is subject to separate agreements.
No Warranty: THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTY WHATSOEVER. WAITIGO AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Waitigo does not guarantee that the Services will meet your requirements, operate without interruption or error, or that any results will be obtained. We are not responsible for errors or inaccuracies in any data you enter or in services provided to you by third parties. Use of the Services is at your own risk.
Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, WAITIGO AND ITS AFFILIATES, OFFICERS, AND EMPLOYEES WILL NOT BE LIABLE UNDER ANY THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA), ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In jurisdictions that do not allow the exclusion of certain warranties or liabilities, the above limitations may not fully apply; in such cases, liability will be limited to the extent permitted by law.
Aggregate Liability: Waitigo's total liability to you or any third party for any and all claims arising out of or relating to the Services or these Terms will not exceed the total amount of fees paid by you to Waitigo for the Services in the one (1) months preceding the event giving rise to the claim (or such lesser amount as may be required by applicable law). The foregoing limitations apply regardless of the form of action, whether in contract, tort, or any other legal theory.
Force Majeure: Waitigo will not be liable or deemed in breach of these Terms for any delays or failures in performance due to events beyond our reasonable control, including but not limited to natural disasters, epidemics, acts of war, terrorism, or internet service interruptions.
You agree to defend, indemnify and hold harmless Waitigo (and its officers, directors, employees, and agents) from and against any and all claims, liabilities, losses, costs and expenses (including reasonable attorneys' fees) arising out of or relating to:
Waitigo will provide notice of any such claim and may, at its option, assume sole control of the defense. You shall cooperate with Waitigo to the extent reasonably requested.
These Terms are governed by the laws of the State of Delaware (or the state of our principal business location), without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Any dispute arising out of or relating to these Terms or the Services shall be brought exclusively in the federal or state courts located in Delaware, and you consent to personal jurisdiction there. If applicable, the Federal Arbitration Act shall govern any arbitration of disputes.
Electronic Communications: By using the Services, you consent to receive agreements, notices, disclosures, and other communications from Waitigo electronically (e.g. via email or posting on the Waitigo website). You agree that such communications satisfy any legal requirement for written notice.
Amendments: Waitigo may update or modify these Terms at any time. We will notify you of material changes by email or by posting a notice on our site. Continued use of the Services after changes indicates your acceptance of the new Terms.
Entire Agreement: These Terms (along with any policies referenced herein) constitute the entire agreement between you and Waitigo regarding the Services and supersede all prior agreements.
Severability: If any provision of these Terms is held invalid, the remaining provisions will remain in full force.
Waiver: No waiver of any provision is effective unless in writing. A waiver of one provision does not waive any other or constitute a continuing waiver.
You acknowledge that you have read these Terms, understand them, and agree to be bound by their terms and conditions.
End of Terms