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Terms of Service

Effective Date: February 15, 2026 · Last Updated: February 15, 2026

Welcome to waitlist-kit. These Terms of Service ("Terms") govern your access to and use of the waitlist-kit service, website, API, embeddable widget, and related tools (collectively, the "Service") operated by Cole ("we," "us," or "our") at waitlist-kit.bycole.dev.

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Definitions

2. Acceptance of Terms

By creating an account, embedding the Widget, using the API, or otherwise accessing the Service, you represent that:

  1. You are at least 18 years of age
  2. You have the legal authority to enter into these Terms
  3. If acting on behalf of an organization, you have the authority to bind that entity
  4. Your use of the Service complies with all applicable laws

3. Description of Service

waitlist-kit is a software-as-a-service (SaaS) platform that provides:

4. Account Creation and API Keys

You agree to provide accurate information during registration, keep your credentials secure, notify us immediately of unauthorized access, and accept responsibility for all activity under your account.

API keys are confidential credentials. Do not share them publicly. We reserve the right to revoke compromised or misused API keys.

5. Acceptable Use Policy

You agree not to use the Service to:

5.1 Customer Compliance Obligations

As a Customer, you are responsible for:

6. Intellectual Property

The Service, including all software, code, design, text, graphics, logos, APIs, Widget code, and documentation, is the proprietary property of waitlist-kit and is protected by intellectual property laws.

waitlist-kit is not open source. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms. You may not copy, modify, distribute, sublicense, sell, or use the Service to build a competing product.

6.1 Customer Data Ownership

You own your Customer Data. waitlist-kit does not claim ownership of the data collected through the Widget on your behalf. You grant us a limited license to process, store, and transmit Customer Data solely to provide the Service.

7. Data Processing

For End User data, the Customer is the data controller. waitlist-kit acts as a data processor. We process Customer Data only as necessary to provide the Service.

Customers who require a Data Processing Agreement (DPA) for GDPR or other compliance can request one at contact@bycole.dev.

Customers can export their waitlist data in CSV format through the dashboard at any time.

8. Pricing and Payment

waitlist-kit is currently offered free of charge. We reserve the right to introduce paid tiers in the future with at least 30 days' advance notice.

9. Service Availability

The Service is provided on an "as available" basis. We do not guarantee any specific level of uptime or performance. We may perform maintenance that may result in temporary unavailability.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

IN NO EVENT SHALL WAITLIST-KIT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, OR GOODWILL.

OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

11. Indemnification

You agree to indemnify and hold harmless waitlist-kit from claims, damages, losses, and expenses arising from:

  1. Your use of the Service
  2. Your violation of these Terms or any applicable law
  3. Your collection, use, or processing of End User data
  4. Any claim by an End User related to data you collected
  5. Your use of phone numbers or emails for communications after export

12. Termination

You may stop using the Service and close your account at any time by contacting contact@bycole.dev.

We may suspend or terminate your access at any time for violation of these Terms, suspected abusive or illegal activity, or at our sole discretion.

Upon termination, your right to use the Service ceases immediately. We will retain your data for up to 90 days to allow export, after which it will be permanently deleted.

13. Governing Law

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

14. Dispute Resolution

Before filing any formal legal action, you agree to contact us at contact@bycole.dev and attempt to resolve the dispute informally for at least 30 days.

If unresolved, disputes shall be resolved through binding arbitration administered by JAMS under its Streamlined Arbitration Rules. The arbitration shall take place in California.

YOU AND WAITLIST-KIT AGREE THAT DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

15. Prohibited Uses

  1. Collecting data from minors under 13 without verifiable parental consent
  2. Embedding the Widget on restricted websites without age verification
  3. Building a database for the purpose of selling personal information
  4. Facilitating telemarketing calls without TCPA-compliant consent
  5. Misleading End Users about who is collecting their data or for what purpose

16. Modification of Terms

We may modify these Terms at any time. We will update the "Last Updated" date and post the updated Terms. For material changes, we will notify Customers at least 15 days before changes take effect.

17. General Provisions

18. Contact Us

waitlist-kit
Operated by Cole
Email: contact@bycole.dev
Website: waitlist-kit.bycole.dev