Terms of use

These terms are an agreement between you and Ascent Software Design, LLC ("QueueKat", "we", "us"), covering your use of queue-kat.com and everything served from it. Using the site means accepting them. If you do not accept them, do not use the site.

What QueueKat is

QueueKat is a virtual queue. An organizer publishes arrival windows for an event; people take a place in one, or join a waitlist; the system summons them when the door is ready for them and issues a one-time pass that staff scan on arrival.

We provide the software. We do not run the events. Who gets in, how fast the door moves, what the queue is for, and how anyone is treated once they reach it are the organizer's decisions, not ours.

The privacy notice

The privacy notice tells you what happens to information about you. It is a statement of what we do rather than terms you agree to, it carries its own version, and a change to it does not change these terms.

Read it before you join a queue. It says plainly that joining one discloses your email address to that event's organizer.

Age

You must be at least 13, or older if the country you are in sets a higher age for digital consent. We do not collect birth dates or ask where you are, so we name the rule rather than a single number.

We do not knowingly accept accounts below that age. If we learn of one, it is closed and its data removed.

An organizer may set a higher age for their own event. That is their rule and their enforcement; it is not ours.

Your account

An account is an email address you control, and it is yours alone — do not share it, and do not use anybody else's. Sign-in is by emailed link, or by a password you set. You are responsible for what is done through your account, and for telling us at [email protected] if you believe someone else has reached it.

We may suspend or close an account that is being used to break these terms, to interfere with an event, or to harm another person. Where we can say why, we will.

Organizers and attendees

If you take a place in a queue, you agree to:

• take one place per event, under your own account — not several, and not on behalf of people who are not present;
• answer a summons or release the place, rather than holding one you know you will not use;
• show your own pass at the door, and not pass it to somebody else.

If you run an event, you agree to:

• use attendee information only to run the event you collected it for — not to market to people, not to build a mailing list, and not to pass it to anybody else;
• say what your queue is for, and honour it;
• keep your own staff list current, and remove people who should no longer see it;
• comply with the law that applies to you, including the privacy and consumer law of wherever your event is held.

Attendee information shown to an organizer is shown so the door can work. An organizer who uses it for anything else is in breach of these terms, and we may close their organization's access to the service over it.

What you may not do

Do not:

• break into, probe, or interfere with the service, other people's accounts, or the infrastructure behind either;
• forge, replay, copy or share a pass, or attempt to derive one you were not issued;
• take a place under a name that is not yours, or impersonate an organizer, staff member or attendee;
• harvest email addresses or any other information about people from the service;
• automate your use of the service in a way that places an undue load on it, or scrape it systematically;
• use the service to harass, threaten or defraud anybody, or for anything unlawful;
• resell or sublicense the service, or reverse engineer it except as the law permits regardless of this clause.

Limitation of liability

To the fullest extent permitted by law, neither we nor our officers, members or agents will be liable to you for any indirect, incidental, consequential, special, exemplary or punitive damages, or for lost profits, lost data, or lost opportunity, arising out of your use of the service — including a missed place, a missed summons, or an event you did not get into.

Our total liability to you for all claims relating to the service will not exceed the greater of the amount you paid us in the twelve months before the claim, or one hundred US dollars.

Some jurisdictions do not allow these exclusions, in which case the ones they disallow do not apply to you and the rest stand.

Termination

These terms remain in effect while you use the service. You may stop at any time, and you may ask us to close your account at [email protected].

We may suspend or terminate access, without notice and at our discretion, for breach of these terms. Sections that by their nature should survive termination — liability, disclaimers, governing law, dispute resolution — do.

Changes to the service, and to these terms

We may change, suspend or discontinue any part of the service. We will not do it to a queue that is mid-flight if we can avoid it.

These terms carry a version written as major.minor:

• A major change means what you are agreeing to has materially changed. It is announced with a summary of what changed, and continued use after it takes effect is acceptance of it.
• A minor change means the same obligations have been reworded, corrected or clarified.

The version in force and its effective date are shown at the top of this page.

Governing law

These terms and your use of the service are governed by the law of the Commonwealth of Virginia and the applicable federal law of the United States, without regard to conflict-of-law rules.

Dispute resolution

Informal negotiation first

Before either of us files anything, we each agree to try to settle it directly. Write to [email protected] describing the dispute, and give it thirty days.

Binding arbitration

If thirty days pass without resolution, any dispute arising out of or relating to these terms or the service will be resolved by binding arbitration rather than in court, except as excluded below. Arbitration will be administered under the rules of a recognised arbitration body, by a single arbitrator, seated in Fairfax County, Virginia, applying Virginia law. The arbitrator's award may be entered as a judgment in any court of competent jurisdiction.

You and we are giving up the right to a trial by jury and the right to appeal, except on the narrow grounds the law allows for an arbitral award.

Individually, not as a class

Arbitration is limited to the dispute between you and us individually. To the fullest extent permitted by law, no arbitration will be joined with another, there is no class, collective or representative arbitration, and no proceeding on behalf of the general public or any other person. If this paragraph is found unenforceable, the whole of the arbitration agreement is void.

Exceptions

These do not go to informal negotiation or arbitration, and may be brought in the state and federal courts sitting in Fairfax County, Virginia, whose jurisdiction we both accept:

• claims to enforce or protect intellectual property rights;
• claims alleging theft, piracy, invasion of privacy, or unauthorized use;
• any claim that may be brought in small claims court.

Time limit

Any dispute relating to the service must be commenced within one year after the cause of action arose, or it is permanently barred — except where the law does not allow that limit.

Miscellaneous

These terms are the entire agreement between us about the service. If any provision is found unenforceable, it is severed and the rest stands. Our failure to enforce a provision is not a waiver of it. You may not assign these terms; we may, to a successor in connection with a merger or sale of the business.

Nothing here creates a partnership, employment relationship or agency between us, nor between us and any organizer.

Contact

Questions about these terms, and anything you need a person to look at, go to [email protected].