Terms of Service – ScanQueue

1. Service Description

ScanQueue is a digital queue management platform that allows businesses to manage customer queues and appointments. The service includes:

• Customer queue joining via QR codes, web links, AI chat, or voice call.
• Real-time queue management dashboard for staff.
• Multi-channel notifications (SMS, email, WhatsApp, voice call) for queue status updates.
• Appointment scheduling and management.
• AI-powered receptionist features (chat and voice).
• Analytics, reporting, and team management tools.

Feature availability varies by subscription tier. See our Pricing page for current plan details.

2. Eligibility

You must be at least 18 years old and legally capable of forming a binding contract to create a ScanQueue account. By using the service, you represent and warrant that you meet these requirements and that your use complies with all applicable laws in your jurisdiction.

3. Accounts

• You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
• You agree that all information you provide is accurate, current, and complete.
• If you invite team members to your account, you are responsible for their use of the service and for ensuring they comply with these Terms.
• You must notify us immediately at support@scanqueue.com if you suspect unauthorized access to your account.
• One business entity per account, unless you are on a plan that supports multiple branches.

4. Acceptable Use

You agree not to:

• Use the service for any unlawful purpose or in violation of any applicable law or regulation.
• Attempt to gain unauthorized access to the service, other accounts, or our systems.
• Send spam, unsolicited messages, or use ScanQueue notifications for marketing purposes unrelated to queue or appointment updates.
• Interfere with or disrupt the integrity or performance of the service.
• Reverse engineer, decompile, or attempt to extract the source code of the service.
• Use automated tools (bots, scrapers) to access the service beyond our published APIs.
• Exceed fair usage limits for SMS, email, WhatsApp, or voice notifications as defined by your plan tier.
• Resell, sublicense, or provide access to ScanQueue to third parties without our written consent.
• Generate synthetic, scripted, automated, or simulated queue joins, messages, appointments, or other events on production accounts. Load tests, demonstrations, stress tests, and scripted traffic must not be directed at production without prior written approval from ScanQueue. Breach is grounds for immediate suspension or termination without notice.
• Submit non-genuine contact details. You warrant that every phone number, email address, and other contact detail submitted through the platform represents a real end-customer who has provided valid consent to receive messages from your business, in compliance with applicable laws (including the Australian Spam Act, TCPA in the United States, and equivalent regulations in other jurisdictions).
• Breach third-party provider terms. You acknowledge that ScanQueue delivers messages through third-party providers, including Meta's WhatsApp Business Platform, ClickSend, Twilio, and SendGrid. You agree to comply with those providers' respective terms of service, acceptable use policies, and country-specific requirements (including Meta's WhatsApp Business Messaging Policy, A2P 10DLC registration in the United States, and sender ID registration where applicable). Violations by you that trigger third-party sanctions against ScanQueue constitute a material breach of this Agreement.

We reserve the right to suspend or terminate accounts that violate these terms, with or without notice, depending on the severity of the violation.

Shared Infrastructure and Platform Protection

You acknowledge and agree that ScanQueue operates shared messaging infrastructure across all customers, including a single WhatsApp Business Account, shared SMS sender credentials, and shared email reputation. Activity on one customer's account can affect the deliverability, reputation, and availability of messaging for every other customer on the platform.

To protect the integrity of the platform and other customers, ScanQueue reserves the right, at its sole discretion and without prior notice, to: (a) suspend, throttle, or rate-limit your account; (b) disable outbound messaging channels (including WhatsApp, SMS, email, or voice) while leaving other features operational; (c) apply automated monitoring and anomaly-detection measures; and (d) take any other technical measure reasonably necessary to prevent harm to the platform, third-party providers, or other customers. Such measures are not a waiver of any other rights or remedies under this Agreement.

5. Payment & Plans

• ScanQueue offers free and paid subscription tiers. The free tier has feature and usage limitations.
• Paid subscriptions are billed monthly in advance. Fees are charged in AUD (Australian Dollars) or USD (US Dollars) depending on your region, via Stripe.
• Subscriptions auto-renew at the end of each billing period unless cancelled before the renewal date.
• We may change pricing with at least 30 days' notice. Price changes take effect at the start of your next billing period after the notice period.
• Failure to pay may result in downgrade to the free tier or suspension of your account. We will notify you before taking action.
• All fees are exclusive of applicable taxes (GST, sales tax) unless stated otherwise.

6. Refund & Cancellation Policy

Refunds

Refunds are available only when all of the following conditions are met:

• The refund is requested within 14 days of the initial subscription payment.
• Fewer than 10 queue entries have been processed on the account.
• No team members have been added beyond the account owner.

If all conditions are met, we will issue a full refund of the most recent payment. Accounts that demonstrate meaningful usage — including queue entries processed, team members invited, or notifications dispatched — are not eligible for a refund, as this indicates the service has been used as intended.

To request a refund, email support@scanqueue.com with your account email and reason for the request.

Cancellation

• You may cancel your subscription at any time from your dashboard: Settings → Billing → Manage Subscription → Cancel Plan.
• Cancellation takes effect at the end of your current billing period. You retain access to paid features until then.
• No partial-period refunds are issued for unused time within a billing cycle.
• After cancellation, your account reverts to the free tier. Your data is retained according to our Privacy Policy retention schedule (default 30 days for queue data).

7. Intellectual Property

• ScanQueue, its logo, design, features, and underlying technology are the intellectual property of Tugadot Pty Ltd, protected by applicable copyright and trademark laws.
• Your subscription grants you a limited, non-exclusive, non-transferable license to use the service for your business operations during the subscription term.
• You retain all rights to your business data and customer data. By using ScanQueue, you grant us a limited license to process, store, and transmit this data solely to provide the service.
• Feedback, suggestions, or feature requests you provide may be used by us to improve the service without obligation or compensation.

8. Data & Privacy

• You retain ownership of all business and customer data you input into ScanQueue.
• Our collection, use, and protection of personal data is governed by our Privacy Policy, which forms part of these Terms.
• You are responsible for obtaining any necessary consents from your customers before collecting their personal information through ScanQueue (e.g., phone numbers, email addresses, custom form fields).
• You agree not to upload or collect sensitive personal information (e.g., medical records, government IDs, financial data) through ScanQueue custom fields unless your plan and applicable law permit it.
• Upon account deletion, we will remove your data in accordance with our Privacy Policy retention schedule.

9. AI Features

ScanQueue offers optional AI-powered features including a chat receptionist and voice receptionist. By enabling these features, you acknowledge:

• AI features are provided as a convenience and may not always produce accurate or complete responses.
• AI-generated outputs (chat responses, voice interactions) do not constitute professional advice.
• Customer conversations with AI features are processed by third-party AI providers (OpenAI, Retell AI) as described in our Privacy Policy.
• You are responsible for reviewing and configuring AI behaviour settings (e.g., available services, business hours) to ensure appropriate responses for your business.
• We do not guarantee uninterrupted availability of AI features, which depend on third-party provider uptime.

10. Third-party Services

ScanQueue integrates with third-party services to deliver notifications and process payments. You acknowledge:

• Delivery is not guaranteed: SMS, email, WhatsApp, and voice notifications depend on third-party providers (ClickSend, SendGrid, Twilio, Telnyx, Meta) and carrier networks. We cannot guarantee delivery, timing, or receipt of any notification.
• Carrier restrictions: Some countries or carriers may block or filter messages. WhatsApp delivery requires the recipient to have an active WhatsApp account.
• Payment processing: All payments are processed by Stripe. Your use of Stripe is subject to their terms of service.
• Downtime: Third-party service outages may temporarily affect ScanQueue functionality. We are not liable for disruptions caused by our providers.

11. Service Availability

• We strive to maintain high availability but do not guarantee uninterrupted or error-free access to the service.
• Scheduled maintenance will be communicated in advance where possible. Emergency maintenance may occur without prior notice.
• We are not liable for service interruptions caused by circumstances beyond our reasonable control, including but not limited to: natural disasters, power outages, internet disruptions, cyberattacks, government actions, or third-party provider failures.

12. Termination

• By you: You may cancel your subscription and close your account at any time via the dashboard or by emailing support@scanqueue.com.
• By us: We may suspend or terminate your account if you breach these Terms, engage in abusive behaviour, fail to pay fees, or if we reasonably believe your use harms our service or other users.
• Termination without refund: Termination for breach of acceptable use, generation of synthetic or automated traffic, breach of third-party provider terms, or activity that triggers provider sanctions against ScanQueue is without refund of any prepaid subscription fees, and you remain liable for any damages, chargebacks, or costs arising from your breach.
• Effect of termination: Upon termination, your access to paid features ceases immediately (or at the end of the billing period for voluntary cancellations). Your data will be retained and then deleted in accordance with our Privacy Policy.
• Data export: You may export your queue data from the dashboard before closing your account. After termination, we are not obligated to retain or provide access to your data beyond our standard retention period.

13. Indemnification

You agree to indemnify, defend, and hold harmless Tugadot Pty Ltd, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising from: (a) your use of the service, (b) your violation of these Terms, (c) your violation of any applicable law or regulation, or (d) any data or content you submit through the service, including customer data collected via your queue forms.

14. Liability & Disclaimer

• The service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• We do not warrant that the service will be uninterrupted, error-free, secure, or meet your specific requirements.
• We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities.
• To the maximum extent permitted by law, our total aggregate liability arising from or related to these Terms or the service is limited to the amount you paid us in the 3 months preceding the event giving rise to the claim.
• Nothing in these Terms excludes or limits liability that cannot be lawfully excluded, including liability under the Australian Consumer Law for consumer guarantees.

15. Dispute Resolution

In the event of a dispute arising from these Terms or your use of the service:

• Good faith negotiation: Both parties agree to first attempt to resolve the dispute through good-faith negotiation by contacting info@tugadot.com.
• Mediation: If the dispute is not resolved within 30 days, either party may refer it to mediation administered by the Resolution Institute (Australia) or an equivalent body.
• Jurisdiction: If mediation fails, the dispute shall be resolved in the courts of Queensland, Australia, and you consent to the exclusive jurisdiction of those courts.

16. Modifications to Terms

We may update these Terms from time to time. For material changes, we will provide at least 30 days' notice via email to the address associated with your account or through an in-app notification. The "Effective Date" at the top indicates when the Terms were last revised. Continued use of ScanQueue after the effective date of revised Terms constitutes acceptance. If you do not agree with the updated Terms, you may cancel your account before they take effect.

17. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Queensland, Australia, without regard to its conflict-of-law principles. For users outside Australia, these Terms are not intended to exclude any mandatory consumer protection rights that apply in your jurisdiction.

18. Contact Us

For questions about these Terms: