Terms of Service

• "Platform" — the ServQueue web application, API, and associated services accessible at servqueue.com.
• "Operator" — a business or individual who creates a ServQueue account to manage one or more queues.
• "Customer" — an individual who joins a queue managed through the Platform.
• "Content" — any data, text, or information submitted to the Platform by Operators or Customers.

To create an Operator account you must be at least 18 years old and have the legal authority to enter into a binding agreement on behalf of yourself or your organisation. By registering, you represent that these conditions are met.

Customers using the check-in flow do not need to create an account. By joining a queue via the Platform, Customers agree to these Terms insofar as they apply to Customer use.

When you register as an Operator you agree to:

• Provide accurate and complete information during registration and keep it up to date.
• Keep your account credentials confidential and notify us immediately of any unauthorised access.
• Be responsible for all activity that occurs under your account.
• Not share your account with third parties or create accounts on behalf of others without their consent.

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent or abusive behaviour.

You agree not to use the Platform to:

• Violate any applicable law or regulation, including Australian consumer protection laws.
• Send unsolicited commercial messages (spam) to Customers beyond queue-related notifications.
• Collect or store Customer personal information beyond what is necessary for queue management.
• Reverse-engineer, decompile, or attempt to extract the source code of the Platform.
• Interfere with or disrupt the integrity or performance of the Platform or its infrastructure.
• Introduce malware, viruses, or other harmful code.
• Impersonate ServQueue or misrepresent your affiliation with any person or entity.
• Operate any queue in an industry or manner that is unlawful in Australia.

Operators use ServQueue to send queue-status SMS messages and live chat messages to Customers. As an Operator, you acknowledge that:

• You are responsible for ensuring Customers have consented to receive SMS notifications when joining your queue.
• Queue and chat notifications must relate to the customer service journey (queue position updates, wait times, service alerts, service-related conversation).
• You must not use the broadcast message feature or live chat to send promotional or marketing messages unrelated to the service the Customer is receiving.
• Live chat between Operators and Customers is included on every plan and is not metered.
• SMS usage (including SMS fallback notifications triggered by chat messages to offline Customers) is subject to the limits of your plan (see Section 6). Overuse may result in service suspension.

Customers may opt out by replying LEAVE to any SMS. Operators must not attempt to re-add Customers who have opted out without their explicit re-consent.

ServQueue offers paid plans — Basic at $59 AUD/month, Growth at $129 AUD/month, and Pro at $209 AUD/month. All prices are in Australian dollars.

• Free trial: The Basic plan includes a 3-day free trial. No credit card is required to start. Growth and Pro plans do not include a trial.
• Billing cycle: Paid plans are billed monthly in advance via Stripe. Your billing date is set on the day your trial ends or your first payment is made.
• Auto-renewal: Subscriptions renew automatically each month unless cancelled before the renewal date.
• Cancellation: You may cancel at any time via the billing portal. Your plan remains active until the end of the current billing period. No partial-month refunds are provided.
• Price changes: We will give at least 30 days' notice of any price increase. Continued use after the effective date constitutes acceptance.
• Failed payments: If a payment fails, your account will enter a grace period. After 7 days without payment, access may be suspended until payment is received.

All payment processing is handled by Stripe. ServQueue does not store card details. Stripe's terms of service apply to all payment transactions.

Given the 14-day free trial offered on all paid plans, we do not provide refunds for monthly subscription charges except where required by Australian Consumer Law (ACL). If you believe you are entitled to a refund under the ACL, please contact us at billing@servqueue.com.

Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. As an Operator, you act as a data controller for the Customer personal information you collect via ServQueue. You are responsible for ensuring your use of Customer data complies with the Privacy Act 1988 (Cth) and all applicable Australian Privacy Principles.

ServQueue acts as a data processor on your behalf with respect to Customer data and will only process it in accordance with your instructions and our Privacy Policy.

All intellectual property rights in the Platform (including software, design, trademarks, and content created by ServQueue) are owned by or licensed to ServQueue Pty Ltd. These Terms do not transfer any ownership rights to you.

You retain ownership of all Content you submit to the Platform. By submitting Content, you grant ServQueue a non-exclusive, worldwide, royalty-free licence to store, process, and display that Content solely for the purpose of providing the service to you.

The Platform integrates with third-party services including Stripe (payments), ClickSend (SMS), Clerk (authentication), and AWS (hosting). Your use of these services is subject to their respective terms. We are not responsible for the availability or conduct of third-party services.

We aim to maintain 99.5% monthly uptime for the Platform. We will endeavour to notify Operators of planned maintenance at least 24 hours in advance. Unplanned downtime will be communicated via our status page.

The Platform is provided "as is" and "as available". We do not guarantee uninterrupted or error-free operation. To the maximum extent permitted by Australian law, we exclude all implied warranties.

To the maximum extent permitted by the Australian Consumer Law, ServQueue's total liability to you for any claim arising out of or relating to these Terms or the Platform is limited to the greater of:

• The total fees you paid to ServQueue in the 3 months preceding the claim, or
• AUD $100.

We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of revenue, loss of data, or loss of customers, even if we have been advised of the possibility of such damages.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law that cannot be excluded by agreement.

You agree to indemnify and hold harmless ServQueue, its directors, employees, and agents from any claims, damages, or expenses (including reasonable legal fees) arising from: (a) your use of the Platform in violation of these Terms; (b) your violation of any law or the rights of a third party; or (c) your Content.

Either party may terminate the agreement by cancelling the subscription (Operator) or ceasing use of the Platform. We may suspend or terminate your access immediately and without notice if:

• You materially breach these Terms and fail to remedy the breach within 7 days of written notice.
• You engage in illegal activity or fraudulent behaviour.
• Continued access poses a security or legal risk to ServQueue or other users.

Upon termination, your right to access the Platform ceases. Data export is available for 30 days following cancellation, after which your data will be permanently deleted in accordance with our Privacy Policy.

These Terms are governed by the laws of New South Wales, Australia. Any dispute arising out of or in connection with these Terms will first be subject to good-faith negotiation. If unresolved, the parties agree to submit to the exclusive jurisdiction of the courts of New South Wales.

Nothing in this clause prevents either party from seeking urgent interlocutory relief from a court.

We may update these Terms from time to time. Material changes will be notified to Operators via email at least 14 days before they take effect. The updated Terms will be posted at servqueue.com/legal/terms. Continued use of the Platform after the effective date constitutes acceptance of the updated Terms.

For any questions about these Terms:

• Email: legal@servqueue.com
• Post: ServQueue Pty Ltd, Australia