Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") govern your use of the WaiverApp platform and services ("Service") provided by WaiverApp ("we," "us," or "our"). By 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. Violation of these Terms may result in immediate suspension or termination of your account.

2. Permitted Use

The Service is intended solely for lawful collection of electronic waiver and consent documents. You may use the Service to:

• Create, publish, and collect signatures on waiver and release of liability documents.
• Collect informed consent for activities, services, or treatments.
• Store and manage signed waiver records for your business.
• Send automated email confirmations to signers as permitted by applicable law.

3. Accounts

You must create an account to use the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately at legal@waiverapp.link of any unauthorized use of your account. We reserve the right to refuse service, terminate accounts, or remove content at our sole discretion.

4. Subscriptions and Billing

The Service is offered on a subscription basis. By selecting a paid plan, you authorize us to charge the applicable fees to your payment method on a recurring basis until you cancel.

• Billing cycle: Subscriptions are billed monthly or annually, depending on the plan you select.
• Price changes: We will provide at least 30 days' notice before increasing subscription prices. Continued use after the effective date constitutes acceptance of the new pricing.
• Refunds: All fees are non-refundable except where required by applicable law. If you cancel mid-period, you retain access through the end of the paid period.
• Failed payments: If a payment fails, we will attempt to notify you and may suspend access to the Service until payment is resolved.
• Taxes: You are responsible for any applicable taxes, duties, or levies arising from your use of the Service.

5. Cancellation

You may cancel your subscription at any time from your account settings or by contacting us at legal@waiverapp.link. Upon cancellation, your account will remain active through the end of the current billing period, after which access will be discontinued. Following cancellation, your data will be retained for 90 days, during which you may request an export. After 90 days, your data will be permanently deleted.

6. Intellectual Property

WaiverApp's IP: The Service, including its software, design, trademarks, and content, is owned by WaiverApp and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our written consent.

Your content: You retain ownership of all waiver templates, branding assets, and data you upload to the Service ("Customer Content"). By using the Service, you grant WaiverApp a limited, non-exclusive license to store, process, and display your Customer Content solely to provide and operate the Service.

Signer data: Waiver data collected from your signers belongs to you. WaiverApp processes this data as a data processor on your behalf and does not use it for any purpose other than delivering the Service.

7. Prohibited Activities

You agree not to use the Service to:

• Violate laws: Engage in any activity that violates applicable local, state, national, or international laws or regulations, including but not limited to privacy laws, consumer protection laws, and anti-spam regulations.
• Collect unauthorized data: Collect personal information from individuals without appropriate legal basis, required disclosures, or consent under applicable law (including GDPR, CCPA, COPPA, and HIPAA where applicable).
• Deceive signers: Use misleading, deceptive, or fraudulent waiver language; misrepresent the nature, scope, or consequences of the document being signed.
• Impersonate others: Impersonate any person or entity, or falsely represent your affiliation with any organization.
• Circumvent minors' protections: Collect signatures from individuals under 18 without implementing appropriate minor consent and guardian approval workflows.
• Abuse the platform: Attempt to gain unauthorized access to the Service, other accounts, or WaiverApp's systems; probe, scan, or test the vulnerability of any system; introduce malware or harmful code.
• Overload the Service: Engage in activities that place an unreasonable burden on WaiverApp's infrastructure, including automated scraping, excessive API calls, or denial-of-service attacks.
• Resell without authorization: Resell, sublicense, or commercially exploit access to the Service without our written consent.
• Violate intellectual property: Upload or transmit content that infringes the copyright, trademark, patent, trade secret, or other intellectual property rights of any party.
• Collect prohibited categories of data: Collect sensitive personal information (such as Social Security numbers, financial account numbers, or full medical records) unless you have a documented, lawful basis and have implemented appropriate safeguards.

8. Your Responsibilities

• You are solely responsible for the content of your waiver templates and the legality of the documents you collect.
• You are responsible for ensuring your use of the Service complies with all applicable laws in your jurisdiction and the jurisdictions of your signers.
• You must provide signers with any legally required disclosures before collecting their data or signature.
• You must maintain appropriate security controls over your account credentials and notify us immediately of any unauthorized access.
• You must not share account credentials with unauthorized parties.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WaiverApp does not provide legal advice. The availability of waiver templates and signing tools does not constitute legal advice and does not create an attorney-client relationship. You should consult a qualified attorney regarding the enforceability and legality of your waiver documents in your jurisdiction.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WAIVERAPP AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM:

• Your use of, or inability to use, the Service.
• The enforceability or unenforceability of any waiver document created using the Service.
• Any dispute between you and a signer arising from a waiver collected using the Service.
• Unauthorized access to or alteration of your data.
• Any third-party conduct or content on the Service.

IN NO EVENT SHALL WAIVERAPP'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO WAIVERAPP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS (USD $100).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability is limited to the maximum extent permitted by applicable law.

11. Indemnification

You agree to indemnify, defend, and hold harmless WaiverApp and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your waiver templates or the content you upload; (c) your violation of these Terms or any applicable law; or (d) any claim by a signer arising from a waiver you collected.

12. Enforcement and Termination

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates these Terms, including suspending or terminating access to the Service, reporting violations to law enforcement, and pursuing any other available legal remedies. We are not obligated to monitor your use of the Service but may do so to ensure compliance.

13. Service Availability

We strive for high availability but do not guarantee uninterrupted access. The Service may be unavailable due to scheduled maintenance, unplanned outages, or circumstances beyond our control. WaiverApp shall not be liable for any damages resulting from service interruptions.

14. Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any disputes arising from these Terms shall be resolved exclusively in the state or federal courts located in Delaware.

15. Changes to These Terms

We may modify these Terms at any time by posting the updated version at this URL. Material changes will be communicated by email or in-app notice at least 14 days before taking effect. Continued use of the Service after changes take effect constitutes your acceptance of the revised Terms.

16. Contact

For questions about these Terms, contact us at: