Terms of Service

1. Acceptance of Terms

By accessing or using August Guest (“Service”), you (“Customer”, “you”) agree to be bound by these Terms of Service (“Terms”). If you do not agree, do not use the Service. The Service is operated by DDI AugustGuest LLC, a Colorado limited liability company (“August Guest”, “we”, “us”, “our”). By creating an account, you represent that you are at least 18 years of age and have the legal authority to enter into this agreement.

Geographic Restriction: The Service is intended for use in the United States only. August Guest does not offer the Service to residents of the European Economic Area (“EEA”), the United Kingdom, or Switzerland. If you are located in the EEA, United Kingdom, or Switzerland, you are prohibited from creating an account or using the Service. By creating an account, you represent and warrant that you are not located in any of these jurisdictions.

2. Description of Service

August Guest provides a cloud-based waitlist and queue management platform for restaurants and barbershops. The Service enables businesses to manage customer waitlists, send queue status notifications, and display queue information. The Service is a tool — it does not replace, supplement, or constitute any operational, medical, legal, or safety system.

3. Account Responsibilities

• You are responsible for maintaining the confidentiality of your account credentials.
• You are responsible for all activities that occur under your account.
• You must provide accurate, current, and complete information during registration.
• You must notify us immediately of any unauthorized use of your account.

4. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose
• Send marketing, promotional, or advertising content through queue notification SMS
• Transmit any content that is defamatory, obscene, or offensive
• Attempt to gain unauthorized access to the Service or its systems
• Use the Service in any manner that could disable, overburden, or impair the Service
• Resell, sublicense, or redistribute the Service without written consent
• Use the Service to send unsolicited communications in violation of the Telephone Consumer Protection Act (TCPA) or any applicable law

5. SMS Notifications and TCPA Compliance

The Service enables sending SMS notifications to your customers (“Guests”) regarding their queue status. You acknowledge and agree that:

• YOU are solely responsible for obtaining proper consent from Guests before sending SMS notifications through the Service
• Queue notification SMS must be limited to transactional messages related to queue status (e.g., “Your table is ready”)
• You shall NOT include any marketing, promotional, or advertising content in queue notification SMS
• You are responsible for compliance with the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and all applicable federal, state, and local laws governing electronic communications
• You must honor opt-out requests (e.g., “STOP”) immediately upon receipt
• August Guest acts solely as a technology provider facilitating SMS delivery on your behalf and assumes no responsibility for your compliance with applicable laws
• Any claims, fines, penalties, or damages arising from SMS messages sent through the Service are your sole responsibility

7. Data Ownership and Processing

• You retain ownership of all data you submit to the Service (“Customer Data”)
• You are the data controller; August Guest is the data processor acting on your behalf
• August Guest processes Customer Data solely to provide the Service
• August Guest follows an aggregate-then-purge data lifecycle: guest personal data (names, phone numbers, emails, queue entries, service requests) is converted into anonymous aggregate statistics and then permanently deleted — typically within 1 hour of the interaction completing. See our Privacy Policy for full details
• August Guest retains only anonymous, aggregate analytics (counts, averages, distributions) that cannot be linked to any individual. This data may be used for product improvement and your dashboard analytics
• August Guest does not sell personal data to third parties

8. Payment and Billing

• Paid plans are billed monthly or as specified at the time of purchase
• All fees are non-refundable except as stated below or as required by applicable law
• You authorize August Guest to charge your payment method on file for recurring subscription fees
• Pricing is subject to change. August Guest will provide at least 30 days' notice before any price increase takes effect for existing subscribers
• Failure to pay may result in suspension or termination of your account

Third-Party Payment Processing

All payment and billing data is processed and stored exclusively by our payment provider, Stripe, Inc. August Guest does not store credit card numbers, bank account details, or payment credentials on its servers. Retention of billing records, invoices, and payment history is governed by Stripe's Privacy Policy and Terms of Service, and applicable tax law. By using August Guest, you accept Stripe's terms as they pertain to payment processing.

9. Disclaimer of Warranties

10. Limitation of Liability

11. Security Incidents and Data Breach Notification

In the event of a security incident involving unauthorized access to personal information, August Guest will notify affected Customers without unreasonable delay and in any event within 72 hours of becoming aware of the breach. August Guest will also notify applicable state authorities as required by law. Details of our data breach notification procedures are set forth in our Privacy & Data Protection Policy, which is incorporated into these Terms by reference.

You are responsible for maintaining the security of your own account credentials and for promptly notifying August Guest of any suspected unauthorized access to your account.

12. Indemnification

You agree to indemnify, defend, and hold harmless August Guest, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service
• Your violation of these Terms or any applicable law
• Your SMS communications with Guests, including any TCPA or other regulatory violations
• Claims by Guests against August Guest related to your use of the Service
• Your content, data, or information submitted to the Service
• Any third-party claim arising from your use of the Service

13. Dispute Resolution and Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. Arbitration shall take place virtually (remote/online) or, if in-person proceedings are required, in the State of Colorado. The arbitrator shall apply Colorado law consistent with Section 16 of these Terms.

• Claims must be brought within one (1) year after the cause of action accrues, or the claim is permanently barred.
• Either party may seek injunctive relief in any court of competent jurisdiction to prevent irreparable harm.
• Small claims court: Either party may bring an individual action in small claims court if the claim falls within the court's jurisdiction.

14. Termination

• Either party may terminate this agreement at any time.
• You may cancel your subscription from your account settings.
• August Guest may suspend or terminate your access for violation of these Terms, non-payment, or any reason with 30 days' notice.
• Upon termination, your right to use the Service ceases immediately.
• Guest personal data is already purged during normal operation (see Section 7). Upon account termination, remaining account data (business configuration, aggregate analytics) will be deleted within 90 days unless required by law to retain it. Billing records are retained by Stripe per their policies.

15. Modifications to Terms

• August Guest reserves the right to modify these Terms at any time.
• Material changes will be communicated via email or notice within the Service at least 30 days before taking effect.
• Continued use of the Service after changes take effect constitutes acceptance of the modified Terms.
• If you do not agree to modified Terms, you must stop using the Service and cancel your account.

16. Governing Law

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

18. Intellectual Property and License

The Service and all related software, technology, content, trademarks, trade names, logos, and intellectual property are owned exclusively by DDI AugustGuest LLC and are protected by applicable intellectual property laws.

Subject to your compliance with these Terms, August Guest grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your internal business purposes as expressly permitted by these Terms.

You agree not to:

• Copy, modify, create derivative works of, or distribute any part of the Service or its underlying technology
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service
• White-label, resell, sublicense, or rebrand the Service or any portion of it without prior written consent from August Guest
• Scrape, crawl, or use automated tools to extract data from the Service
• Use August Guest's name, logo, or trademarks without prior written consent
• Remove or obscure any proprietary notices, labels, or branding in the Service

You retain ownership of all Customer Data you submit to the Service. By submitting data, you grant August Guest a limited license to process that data solely to provide the Service.

19. Beta and Early Access Disclaimer

The Service or certain features of the Service may be offered in a beta, early access, or preview state. If you are using a beta or early access version of the Service, you acknowledge and agree that:

• Beta features are provided “as is” and may contain bugs, errors, or other issues that could cause data loss, service interruption, or unexpected behavior
• August Guest makes no guarantee of uptime, reliability, or data integrity for beta features
• Features, functionality, and pricing may change materially before or at general availability without notice
• Beta features should not be used in mission-critical, life-safety, or emergency applications
• August Guest may discontinue, modify, or terminate any beta feature at any time without liability
• Feedback or suggestions you provide about beta features may be used by August Guest without compensation or attribution

20. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and August Guest.
• Severability: If any provision is found to be unenforceable, the remaining provisions shall remain in full force and effect.
• Waiver: Failure to enforce any provision does not constitute a waiver of that provision.
• Assignment:You may not assign these Terms without August Guest's prior written consent. August Guest may assign these Terms freely.
• Force Majeure: August Guest shall not be liable for any failure to perform due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, riots, embargoes, acts of government, telecommunications failures, power failures, failures of third-party SMS carriers or delivery networks (including Twilio), cloud infrastructure provider outages (including Vercel and Supabase), or any other third-party service provider disruptions.
• Notices: August Guest may provide notices via email to the address associated with your account.

21. Contact

For questions about these Terms:

Email: hello@augustguest.com