Terms & Conditions

1. Agreement to Terms

By accessing or using IndieWaitlist.com ("Service"), operated by IndieWaitlist ("Company", "we", "us", or "our"), you agree to be bound by these Terms & Conditions ("Terms"). If you disagree with any part of these terms, you do not have permission to access the Service.

2. Description of Service

IndieWaitlist.com provides a platform for indie creators, developers, and businesses to create and manage waitlists for their upcoming products, services, or launches. The Service includes tools for waitlist creation, subscriber management, analytics, and related features.

3. User Accounts

3.1 Account Creation

To use certain features of the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use

3.2 Account Requirements

You must be at least 18 years old to use this Service. By creating an account, you represent that you meet this age requirement.

4. Acceptable Use

4.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms.

4.2 Prohibited Uses

You agree not to:

• Use the Service for any illegal or unauthorized purpose
• Transmit any malware, viruses, or malicious code
• Attempt to gain unauthorized access to any part of the Service
• Harass, abuse, or harm another person or entity
• Create waitlists for illegal, fraudulent, or deceptive purposes
• Violate any applicable laws or regulations
• Collect or harvest user data without proper consent
• Send spam or unauthorized communications to waitlist subscribers
• Impersonate any person or entity
• Interfere with or disrupt the Service or servers

5. Intellectual Property Rights

5.1 Our Property

The Service and its original content, features, and functionality are owned by IndieWaitlist and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

5.2 Your Content

You retain all rights to content you upload to the Service ("User Content"). By uploading User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, publish, and display such content in connection with operating and providing the Service.

5.3 Feedback

Any feedback, suggestions, or ideas you provide about the Service become our property and may be used without compensation to you.

6. Privacy and Data Protection

6.1 Privacy Policy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

6.2 Data Processing

When you collect data through waitlists, you agree to:

• Comply with all applicable data protection laws (including GDPR, CCPA where applicable)
• Only collect data you have legitimate purposes for
• Provide clear privacy notices to your subscribers
• Handle subscriber data securely and responsibly
• Not sell or misuse subscriber data

7. Pricing and Payment

7.1 Free and Paid Services

The Service may offer both free and paid features. Prices for paid features are subject to change with 30 days' notice.

7.2 Billing

For paid features:

• Payment is due in advance on a monthly or annual basis
• All fees are non-refundable except as required by law
• You authorize us to charge your payment method for all fees
• You are responsible for providing valid payment information

7.3 Taxes

All fees are exclusive of taxes, and you are responsible for all applicable taxes except where we are legally required to collect them.

8. Termination

8.1 Termination by You

You may terminate your account at any time by contacting us or using account settings.

8.2 Termination by Us

We may terminate or suspend your account immediately, without prior notice, if:

• You breach these Terms
• We are required to do so by law
• The provision of the Service to you is no longer commercially viable
• You engage in conduct harmful to other users or the Service

8.3 Effect of Termination

Upon termination:

• Your right to use the Service will immediately cease
• We may delete your account and data after 30 days
• All provisions of these Terms that should survive termination will survive

9. Disclaimers and Limitations of Liability

9.1 Service Provided "As Is"

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR RELIABILITY.

9.2 No Guarantee

We do not guarantee that:

• The Service will be uninterrupted or error-free
• Defects will be corrected
• The Service is free of viruses or harmful components
• Results from using the Service will meet your requirements

9.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, INDIEWAITLIST SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE.

9.4 Maximum Liability

OUR TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless IndieWaitlist, its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your User Content
• Your waitlist activities and communications with subscribers

11. Modifications to Service and Terms

11.1 Service Changes

We reserve the right to modify or discontinue the Service at any time without notice.

11.2 Terms Changes

We may modify these Terms at any time. We will notify you of material changes by:

• Posting the new Terms on this page
• Updating the "Last Updated" date
• Sending notice to your registered email

Your continued use after changes constitutes acceptance of the modified Terms.

12. General Provisions

12.1 Governing Law

These Terms are governed by the laws of the United States and the State of Delaware, without regard to conflict of law principles.

12.2 Dispute Resolution

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

12.3 Entire Agreement

These Terms constitute the entire agreement between you and IndieWaitlist regarding the Service and supersede all prior agreements.

12.4 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

12.5 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

12.6 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights without restriction.

12.7 Third-Party Services

The Service may contain links to third-party services. We are not responsible for the content or practices of these third-party services.