Terms of Service

1. Definitions

Capitalised terms have the meanings set out below or where defined elsewhere in these Terms.

"Account" means the workspace created on the Services for the Customer and accessed via authorised User credentials.

"Customer Data" means any data, content or information submitted to the Services by the Customer or its Users, or generated on the Customer's behalf in the course of Customer's use of the Services, including booking records, personal data of End Customers, configuration and reporting outputs.

"DPA" means the Data Processing Agreement available at /legal/dpa, which forms part of these Terms when the Customer's use of the Services involves the processing of personal data on behalf of the Customer.

"End Customer" means a natural person who interacts with the Services through booking, queue tracking or notification flows that the Customer makes available.

"Order Form" means an order, statement of work or online subscription page that references these Terms and identifies the Subscription Plan, fees and term.

"Services" means the Enterwait software-as-a-service platform, related APIs, embeds, mobile apps, documentation, and any updates or new releases made generally available by Enterwait.

"Subscription Plan" means the tier, capacity limits and feature set that the Customer has subscribed to, as set out in the Order Form or selected at sign-up.

"User" means any individual authorised by the Customer to access and use the Services on the Customer's behalf, including employees, contractors and agents.

2. Eligibility and Account Registration

The Services are intended for use by businesses and other organisations. By registering, you represent that you are at least 18 years old (or the age of majority in your jurisdiction), have legal capacity to enter into binding contracts, and are not barred from receiving the Services under applicable law.

You are responsible for the accuracy of the information you submit during registration and for keeping it current. You must safeguard your User credentials, maintain reasonable security practices, and promptly notify us of any unauthorised access or suspected breach of security relating to the Account.

3. Services

Enterwait provides a real-time queue management, booking and customer-notification platform. Subject to the Customer's compliance with these Terms and timely payment of fees, Enterwait grants the Customer a non-exclusive, non-transferable, non-sublicensable, worldwide right during the Subscription Term to access and use the Services for the Customer's internal business purposes and to make the customer-facing portions of the Services available to End Customers.

We continually improve the Services. We may add, modify or remove features, provided that the modifications do not materially diminish the core functionality of the Subscription Plan during the then-current Subscription Term. Beta or early-access features may be offered "as is" and are not subject to any service commitments.

4. Subscription, Fees and Payment

The Customer pays the fees set out in the Order Form or on the pricing page in effect at the time of subscription. Unless otherwise stated, fees are quoted exclusive of value-added tax, sales tax or similar taxes, which the Customer is responsible for paying.

Payments are processed by Lemon Squeezy LLC, which acts as the Merchant of Record: Lemon Squeezy is the seller of the subscription, issues the invoice, and calculates, collects and remits any applicable sales tax or VAT. The purchase is also subject to Lemon Squeezy's own terms. Prices are stated and charged in euros (EUR).

Subscriptions are billed in advance on a monthly or annual basis depending on the Subscription Plan. The Customer can cancel at any time; the subscription then stays active until the end of the period already paid for and does not renew. The first payment for a new subscription is refunded in full if the Customer asks for it within fourteen (14) days of that payment. Renewals and any other fees are non-refundable, except where a refund is required by mandatory law. Refunds are issued by Lemon Squeezy to the original payment method.

Enterwait may change the fees by giving the Customer at least thirty (30) days' written notice; changes take effect on the next renewal of the Subscription Term.

5. Free Trial

Enterwait may make a free trial of the Services available for a limited period. Free trials are provided "as is" without any warranty or service-level commitment, and Enterwait may suspend or terminate a free trial at any time. Customer Data submitted during a free trial may be permanently deleted if the Customer does not subscribe to a paid plan within thirty (30) days after the trial ends.

6. Acceptable Use

The Customer is responsible for the conduct of its Users and for all activity carried out under the Account. The Customer agrees not to, and not to permit any User or End Customer to:

• Use the Services in violation of any applicable law, regulation or third-party right;
• Upload or transmit malware, viruses or other harmful code;
• Interfere with, disable or otherwise compromise the integrity, security or performance of the Services;
• Attempt to gain unauthorised access to the Services, other Accounts, or related systems or networks;
• Reverse engineer, decompile or disassemble the Services, except to the extent expressly permitted by mandatory law;
• Resell, sublicense or otherwise commercialise the Services other than as permitted in the Order Form;
• Use the Services to send unsolicited communications, harvest personal data, or conduct surveillance activities prohibited by law;
• Use the Services to process special categories of personal data (Article 9 GDPR) except as expressly permitted in writing by Enterwait.

7. Customer Data

As between the parties, the Customer retains all right, title and interest in and to Customer Data. The Customer grants Enterwait a non-exclusive, worldwide, royalty-free licence to host, copy, transmit and display Customer Data solely as necessary to provide and improve the Services and to comply with applicable law.

The Customer represents that it has obtained all rights, consents and authorisations necessary for Enterwait to process Customer Data as contemplated by these Terms, and that the Customer will comply with all applicable data-protection laws in connection with its use of the Services. The DPA governs Enterwait's processing of personal data contained in Customer Data.

We may collect, generate and use aggregated or de-identified data derived from the Services for analytics, benchmarking, security and product-improvement purposes, provided that such data does not identify the Customer or any individual.

8. Intellectual Property

Enterwait and its licensors own all right, title and interest in and to the Services, including all related software, designs, trademarks, documentation and other materials, and all intellectual property rights therein. No rights are granted to the Customer other than those expressly set out in these Terms.

If the Customer provides feedback, suggestions or ideas regarding the Services ("Feedback"), the Customer grants Enterwait a perpetual, irrevocable, royalty-free, worldwide licence to use, copy, modify and incorporate the Feedback into the Services without restriction or obligation.

9. Confidentiality

Each party may disclose Confidential Information to the other in connection with these Terms. Each party will (a) use Confidential Information of the other only as necessary to perform its obligations or exercise its rights under these Terms, (b) protect such Confidential Information using at least the same degree of care it uses to protect its own confidential information of a similar nature, and in no event less than a reasonable degree of care, and (c) limit access to Confidential Information to its employees, contractors and agents who have a need to know and who are bound by confidentiality obligations no less protective than those set out here.

10. Term and Termination

These Terms commence on the earlier of the Customer's first access to the Services and the effective date of an Order Form, and continue until terminated as set out below.

Either party may terminate these Terms for cause if the other party (a) commits a material breach and fails to cure that breach within thirty (30) days of written notice, or (b) becomes insolvent, files for bankruptcy or becomes the subject of an analogous proceeding.

On termination or expiration: (i) the Customer's right to access and use the Services ceases; (ii) the Customer remains liable for all fees accrued before the effective date of termination; and (iii) Enterwait will, at the Customer's request made within thirty (30) days of termination, make Customer Data available for export. Thereafter, Enterwait may delete Customer Data in accordance with its retention policies and the DPA.

11. Disclaimer of Warranties

Except as expressly set out in these Terms, the Services are provided "as is" and "as available". To the maximum extent permitted by law, Enterwait disclaims all warranties of any kind, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranties arising from course of dealing or usage of trade. Enterwait does not warrant that the Services will be uninterrupted, error-free or completely secure, or that any Customer Data will be preserved without loss in all circumstances.

12. Limitation of Liability

To the maximum extent permitted by applicable law, neither party will be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, business, goodwill, data or anticipated savings, even if advised of the possibility of such damages.

Each party's aggregate liability under or in connection with these Terms will not exceed the total fees paid or payable by the Customer to Enterwait under the Order Form during the twelve (12) months immediately preceding the event giving rise to the claim.

The limitations in this section do not apply to (a) liability that cannot be excluded or limited by mandatory law, (b) the Customer's payment obligations, (c) breaches of the Acceptable Use section, or (d) infringement of the other party's intellectual property rights.

13. Indemnification

The Customer will defend, indemnify and hold harmless Enterwait and its affiliates from and against any third-party claims, damages, liabilities and reasonable legal fees arising out of or related to (a) Customer Data, (b) the Customer's use of the Services in violation of these Terms or applicable law, or (c) any End Customer's claims relating to the goods or services the Customer offers using the Services.

Enterwait will defend, indemnify and hold harmless the Customer from and against any third-party claims that the Services, when used by the Customer in accordance with these Terms, infringe a valid intellectual-property right of that third party. Enterwait's obligations do not apply to claims arising from Customer Data, Customer modifications to the Services, or the combination of the Services with anything not provided by Enterwait.

14. Modifications to the Terms

Enterwait may modify these Terms from time to time. Material changes will be notified by email to the Account administrator and posted to the Services with at least thirty (30) days' advance notice (except where the change is required by law or addresses a security matter, in which case it may take effect immediately). The Customer's continued use of the Services after the effective date constitutes acceptance of the updated Terms.

15. Governing Law and Disputes

These Terms are governed by the laws of the Republic of Serbia, without regard to its conflict-of-laws provisions, and excluding the United Nations Convention on Contracts for the International Sale of Goods.

The parties will first attempt to resolve any dispute through good-faith negotiation. Any dispute that cannot be resolved within thirty (30) days will be submitted to the exclusive jurisdiction of the competent commercial court in Belgrade, Serbia, except that Enterwait may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

16. Miscellaneous

These Terms, together with any Order Form and the DPA, constitute the entire agreement between the parties with respect to the subject matter and supersede all prior agreements. If any provision is held to be unenforceable, the remaining provisions remain in full effect. The failure of either party to enforce any right under these Terms is not a waiver of that right.

Neither party may assign these Terms without the other party's prior written consent, except that either party may assign these Terms in connection with a merger, acquisition or sale of substantially all of its assets, with notice to the other party.

Notices to Enterwait must be sent to legal@enterwait.com with a copy to the registered office. Notices to the Customer will be sent to the email address associated with the Account administrator.