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. 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.

2. Description of Service

August Guest provides a cloud-based hospitality platform that enables businesses to manage customer waitlists, issue queue tokens, send notifications, display queue status, handle table service requests (“The Purser”), and host events with digital drink vouchers (“Cheers”). 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

6. Healthcare and Regulated Industries

If you are a healthcare provider, medical facility, clinic, or any entity subject to the Health Insurance Portability and Accountability Act (HIPAA) or similar regulations:

• You acknowledge that August Guest is NOT a HIPAA-covered entity and does NOT offer Business Associate Agreements (BAAs)
• You use the Service entirely at your own risk and are solely responsible for ensuring your use complies with HIPAA, state health privacy laws, and all applicable regulations
• You are solely responsible for configuring the Service to avoid displaying Protected Health Information (PHI) on public-facing screens, including but not limited to patient names, appointment types, provider names, or any information that could associate an individual with receiving healthcare
• August Guest recommends that healthcare providers use token-number-only queue modes and avoid displaying patient names on TV/kiosk displays
• August Guest shall have no liability whatsoever for any HIPAA violations, privacy breaches, or regulatory penalties arising from your use of the Service
• You agree to indemnify and hold August Guest harmless from any claims, fines, penalties, or damages arising from your failure to comply with healthcare regulations while using the Service

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. Cheers event guest data is deleted within 7 days of the event ending. 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
• One-time plans (e.g., Cheers) are valid until the event end date and time set by the Customer
• If a Cheers event is cancelled before any invitations are sent, a partial refund of $15.00 will be issued (a $5.00 setup fee is retained). No refund is available after invitations have been sent

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.

8a. Third-Party Payment Collection (Cheers Ticketed Events)

The Service allows event hosts (“Hosts”) to collect ticket payments from event guests by connecting their own Stripe account. You acknowledge and agree that:

• August Guest is NOT a payment processor, money transmitter, or financial institution. August Guest facilitates a direct connection between the Host and their own Stripe account
• All guest ticket payments are processed exclusively by Stripe, Inc. on behalf of the Host. August Guest does not receive, hold, control, or transmit any guest payment funds at any time
• The Host is the sole merchant of record for all guest ticket payments
• August Guest's role is strictly limited to: (a) providing a software interface for the Host to configure ticket pricing, (b) including a Stripe Checkout link in invitation emails, and (c) recording payment confirmation status received via Stripe webhooks
• All payment disputes, chargebacks, and refunds are handled exclusively between the guest, the Host, and Stripe. August Guest has no involvement in, responsibility for, or authority over any payment dispute or refund
• August Guest cannot and will not issue refunds on behalf of any Host. Only the Host can manage refunds through their own Stripe dashboard
• Ticket pricing, availability, refund policies, and event delivery obligations are set entirely by the Host. August Guest makes no representations, warranties, or guarantees regarding the Host's pricing, refund policy, or event delivery
• By enabling Third-Party Payment Collection, the Host agrees to Stripe's Connected Account Agreement and assumes full responsibility for their Stripe account, including compliance with all applicable payment laws and regulations
• Guests who purchase tickets acknowledge that their payment relationship is with the Host, not with August Guest. Any requests for refunds, cancellations, or payment disputes must be directed to the Host or resolved through Stripe's dispute process

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 failure to comply with HIPAA or any healthcare regulation
• Your content, data, or information submitted to the Service
• Your use of the Third-Party Payment Collection feature, including any payment disputes, chargebacks, refunds, or claims from Guests related to ticket purchases processed through your connected Stripe account
• 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 Wyoming. The arbitrator shall apply Wyoming 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 Wyoming, without regard to its conflict of law provisions.

17. 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.

18. Contact

For questions about these Terms:

Email: hello@augustguest.com