Terms of Service

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About these terms

These Terms of Service ("terms") are an agreement between Kallos Labs LLC ("we", "us") and the business that creates a shop in Walk-In Waitlist ("you", the "shop"). The person who creates the shop or accepts these terms confirms that they are at least 18 and may bind the business.

They cover the website, the staff pages, the staff app for iOS and Android, the join and status pages, text messages and emails (together, the "service"). The Privacy Policy, Messaging Terms, Acceptable Use Policy, Data Processing Addendum and Refunds and Cancellation are part of these terms.

You accept these terms when you create a shop, start a trial, subscribe or use the service as a shop. We record the version you accepted and when.

The service

Walk-In Waitlist lets a walk-in business run its line online. Customers scan a QR code or open the shop's link, add their first name and, if they want, their mobile number, and follow their place on a status page. Staff see the line, call people and record each visit. The shop can get texts sent to customers who agreed to them.

We may improve, change or remove features. If a change takes away something important you pay for, we will tell you at least 30 days before, unless the change is needed for security or the law.

Accounts and team

• Staff sign in with a code sent to their email. Keep access to that email secure; anyone who can read it can sign in.
• The shop owner decides who is on the team, what role each person has, and removes people who should no longer have access.
• You are responsible for what happens under your shop's accounts. Tell us right away at our support email (coming soon) if you think an account was misused.
• On shared devices, use the PIN lock and sign out when needed.

Trial, plans and seats

• Trial. A new shop can start a free trial on the website. It needs no card and includes the whole service, with a limit on texts. When it ends without a subscription, the shop stops taking customers until you subscribe.
• Seats. The price depends on the number of seats. Every active person on the shop's team list counts as a seat, including the owner and people without a login. Adding a team member when all seats are used needs another seat.
• Prices. Prices, the texts included with each seat and the price of extra texts are shown on our pricing page and in the billing page of your shop. Taxes such as the Puerto Rico sales and use tax (IVU) may be added where they apply.
• Payments happen on the website. The iOS and Android apps never take payments.

Billing and renewal

• Subscriptions are billed monthly in advance through Stripe and renew automatically every month until you cancel.
• Seat changes are prorated by Stripe: adding seats charges the difference for the rest of the period; removing seats gives a credit toward future invoices.
• Extra texts. When a shop's texts for the month go over its allowance, extra texts are billed in blocks at the price on the billing page, up to a monthly limit the owner sets. Extra texts are on by default with a limit of one extra allowance per month, and the owner can change the limit or turn them off at any time in Settings. They only apply while a paid subscription with a card on file is active.
• Failed payments. If a payment fails, the shop gets 7 days of grace to fix it. After that the shop is suspended: the join page stops taking customers and texts stop until payment is made.
• Price changes. We will tell you at least 30 days before a price change takes effect. The new price applies from your next billing period after that.
• Cancellation and refunds are explained in Refunds and Cancellation.

Your duties as a shop

• Consent to texts. The join page shows the consent text and records each customer's consent. If staff add a customer at the counter and enter a mobile number, you must first have that person's permission to text them about the visit.
• Only visit texts. The service sends fixed messages about the customer's place in line. Do not use the service, or the numbers it collects, to send marketing, promotions or any other messages.
• Honor opt-outs. STOP is handled automatically. If a customer asks you in person to stop texts, do not add their number again.
• Accurate registration. US carriers require each texting business to register. The business details you give for the registration must be true and current, and you authorize us and our texting provider to register your business with The Campaign Registry and the carriers.
• Customer information. You decide why customer information is collected and you must use it only to serve those customers, under the Data Processing Addendum. Answer customers' privacy requests about your shop, with our help.
• The poster and your premises. Show the QR poster where customers can see it and follow the rules that apply to your business.
• Follow the Acceptable Use Policy and the law.

Customers of shops

If you join a shop's line, you do not need an account and these short rules apply to you:

• Give your real first name and only a mobile number that is yours or that you may use.
• Wait times are estimates, not promises. The shop decides the order and who it serves.
• Texts are optional; joining does not depend on them. See the Messaging Terms.
• The shop, not Kallos Labs LLC, provides the service you are waiting for and is responsible for it.
• Do not misuse the join page (for example fake entries or automated joins).

Our duties

• We run and maintain the service with reasonable care and skill, and protect information as described in the Privacy Policy.
• We use subprocessors listed on the Subprocessors page and stay responsible for them.
• We give support by email at our support email (coming soon). We aim to answer within 2 business days.

Availability

We work to keep the service available, but it can be interrupted by maintenance, updates, failures of providers, carriers or the internet, or events outside our control. We do not promise any specific uptime. Texts are delivered by carriers and can be delayed or not delivered (see the Disclaimers).

Suspension and termination

• By you. You can cancel the subscription at any time from the billing page, and delete your account in Settings (see Delete your account).
• By us. We may suspend or close a shop, with notice when reasonable, if payment fails after the grace period, if the shop breaks these terms or the Acceptable Use Policy, if a carrier or our texting provider requires it, or to prevent harm to customers, other shops or the service. In urgent cases we may act first and tell you right after.
• After the end. The shop stops taking customers. Customer information of a suspended shop is erased after 90 days, as described in the Privacy Policy. Sections that by their nature should last (fees owed, intellectual property, disclaimers, limits of liability, indemnity, governing law) survive.

Intellectual property

We own the service, its software, design and content, and our trademarks. We give you a limited, non-exclusive, non-transferable right to use the service for your shop while you have an active trial or subscription. You may not copy, resell, reverse engineer or build a competing product from the service.

You keep the rights to your shop's name, logo and information. You let us use them to provide the service (for example to show your logo on your join page and poster). If you send us feedback, we may use it freely.

Disclaimers

The service is provided "as is" and "as available". To the extent the law allows, we disclaim all warranties not stated in these terms, including merchantability, fitness for a particular purpose and non-infringement. More in the Disclaimers.

Limitation of liability

To the extent the law allows:

• Neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, customers or data, even if told they were possible.
• Our total liability for all claims about the service is limited to the amounts you paid us in the 12 months before the event that caused the claim, or 100 US dollars if you paid nothing.

These limits do not apply to fees you owe, to your duties under the indemnity below, or to liability that cannot be limited by law.

Indemnity

You will defend and hold harmless Kallos Labs LLC from claims by third parties (including customers, carriers and authorities) that come from your use of the service in breach of these terms or the law, including texts sent without consent caused by your actions, and you will pay the resulting damages, fines and reasonable legal costs.

Governing law and disputes

These terms are governed by the laws of the Commonwealth of Puerto Rico and applicable US federal law, without regard to conflict of law rules.

If there is a dispute, write to our support email (coming soon) first and give us 30 days to try to solve it informally. If it is not solved, either party may bring a claim in the courts located in Puerto Rico, and both parties accept their jurisdiction. Either party may bring a claim in small claims court where it qualifies.

Changes to these terms

We may update these terms. We will post the new version here with its version number and date, and tell shop owners by email or in the app at least 30 days before a material change takes effect. If you keep using the service after that, the new terms apply; if you do not agree, cancel before they take effect.

Other terms

• Whole agreement. These terms and the documents they link are the whole agreement about the service.
• Assignment. You may not transfer these terms without our written consent. We may transfer them to a successor of the service.
• Severability. If a part is found unenforceable, the rest stays in effect.
• No waiver. Not enforcing a right is not a waiver of it.
• Notices. We send notices to the owner's email. Send yours to our support email (coming soon).
• Languages. We publish these terms in English and Spanish and keep them the same. If they differ, the English version controls, except where Puerto Rico law requires otherwise.
• App stores. If you use the staff app, the terms of the app store you got it from also apply to the download. The app store is not responsible for the service.

Contact

Kallos Labs LLC, our support email (coming soon).

Questions about this page? Write to our support email (coming soon).

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