TERMS AND CONDITIONS
1. SCOPE OF TERMS
These terms and conditions (also known as “Terms of Service”, “Terms of Use” or “Terms”) explain the professional services-related terms of Queuems (https://queuems.com). In this document, terms such as “we”, “us”, “our”, “platform”, “Queuems”, and “website” refer to the services of Queuems software, to the company by the name of Queuems LLC and to our official website. The information is available on this website to you (“user”, “client”, “customer”) through these Terms and Conditions (“Terms”) and is conditioned on your acceptance of the terms, the policies, and everything else posted here. (Please view section 2 of these Terms to know more about the details and differences between the users, clients and customers).
1.1. Scope Of Our Services
Our services are available to small businesses and anyone who is in need of a queue management system. Queuems is an Amazon Web Service (“AWS”) based platform that can help our clients manage their customers' waiting and queue experience. With the help of Queuems, our clients will be able to engage with their customers and build their business image. In order to provide our services, we ask every one of our clients to read all our policies and make sure that they are compliant with all of them. All clients have rights, responsibilities and duties under these Terms which should also be equally applicable to the User Agreement.
1.2. User Agreement
Together with our Privacy Policy, TCPA consent policy and any other legal policy or document these Terms and Conditions form an Agreement between you as a user and Queuems LLC. By using any or all of our services, you as a user are deemed to be in acceptance of this Agreement. You further acknowledge that you are bound by the terms and shall abide by all rules of our website including any future updates or changes that we might make.
Change of Terms and Conditions
We reserve the right to add, delete, amend or change any features, tools, terms, or rules of our website, and any of the new, amended, or changed features will also be subject to these Terms and Conditions. Any new update or change will be posted here on this page, so, make sure to keep checking this page for updates and amendments. Your continued use of the website regardless of whether you have viewed those updates or not will constitute your acceptance of those updates.
2. DEFINITIONS & EXPLANATIONS
In our website's official documents:
“Agreement” means the acceptance of these Terms and Conditions along with our Privacy Policy, TCPA/DNC Policy and any other rule, term or condition of Queuems.
“Buyer” means the user, client, subscriber or purchaser of our services.
“CCPA” is California Consumer Privacy Act.
“Cancellation” means the cancellation of the service between the client and Queuems.
“Content” means the source codes, web links, graphics, software, images, texts, audio, video, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of our website.
“Copyright” means any item of confidential information in which copyright.
“Customer” is the person who receives services from our clients.
“Payment Methods” mean the methods under which the funds can be deposited for our services. Currently, we use Stripe as our primary payment method.
“Platform” is the collective term for our software and website.
“Price” means the total price of our services.
“Queuems” is the queue management software by Queuems LLC registered at 5470 15031 Warren Ave, Dearborn, MI 48126
“Service” means the service attainable through our website.
“Software” means the Queuems software.
“User” means anyone who is our subscriber or client and using our services.
3. ELIGIBILITY
Only users who are at least the age of 18 are eligible to use the services of our website.
You will need to provide accurate credentials. In case of false information, your account can be suspended indefinitely.
All of our clients, subscribers and users must be from the USA.
The services of our website are not for the people who have been previously convicted for wire fraud, hacking, data stealing and/or others who have been banned from using computers by any competent authority.
4. WEBSITE USAGE TERMS
You may only use our services if you are in compliance with all the relevant laws of Amazon Web Services. Do not use our services if you have not attained the required age of 18. By agreeing to these Terms and Conditions you hereby agree that you are not under 18 nor using our software/services is prohibited in your state or dominion. You also agree that you will not use any of our services for any unauthorized or illegal use.
Furthermore, you agree that you will use and browse our website in a safe manner and you will not be involved in any kind of hacking, fraud, or phishing and you will also not transfer or transmit any malware, viruses, or codes. Any breach or violation of any of the Terms will result in an immediate ban that will last indefinitely.
5. USER ACCOUNT, LOG IN, AND PASSWORD
After the account registration, it will be the responsibility of the user to keep your login information confidential. The user alone will be responsible for any activity that happens under his/her account whether or not they have authorized it. If any user or account holder of our website has a reason to believe that their account and/or login information has been compromised, they are requested to contact us at support@queuems.com.
6. INTELLECTUAL PROPERTY AND AVAILABILITY OF SERVICES
The source code, logos, audio, videos, compositions, words, design, videos, samples, layout, graphics, photos, images, information, materials, documents, data, databases, and all other information (“content”) and intellectual property accessible on or through our website is the property of Queuems LLC and is protected by USA’s intellectual property laws. If you have used a service or subscription or otherwise entered into a separate agreement with us you will also be subject to the terms of that agreement or those terms of service, which shall prevail in the event of a conflict.
6.1. Grant Of Limited License.
All users and buyers and hereby granted a limited license for the purpose of using our services. Users have the authority to share the product links and our website on their social media platforms within certain limits. You affirm, confirm and agree that you will not exploit any portion of our service and you are not authorized to use any of the services unless you have acquired prior written permission from us.
7. AVAILABILITY AND USAGE OF THE QUEUEMS’ SERVICES
As a condition of your use of the website and Queuems services, you agree that:
You will comply with our Terms, policies and general rules;
You are at least 18 years of age or older;
You are able to create a binding obligation (such as subscriptions);
You will not attempt to use the website with crawlers, robots, data mining, or extraction tools, or any other functionality;
Your use of the Queuems software and website will at all times comply with these Terms;
You have the right to provide any and all information you submit to the website, and all such information is accurate, true, current, and complete;
You will update and correct the information you have submitted to the website, including all account information, and ensure that it is accurate at all times (out-of-date information will invalidate your account).
8. PAYMENT AND SUBSCRIPTION POLICY
The users will be able to pay for a specific term of the subscription (either monthly or yearly) through the Stripe payment platform. The user’s account will be auto-renewed after each term until either the user chooses to turn off the auto-renewal feature or the user cancels the subscription. All of the payment-related data such as credit cards, and debit card information will be processed through Stripe. This Stripe will treat and safeguard your data with total security and with the exclusive purpose of processing the purchase of Queuems services. We have the right to change, add or remove any payment platforms or gateways for the purpose of providing our services. Users are urged to keep visiting our Terms and Conditions page regularly.
9. SERVICES DISCLAIMER
The services of the website are being provided on an as‐is and as‐available basis. You as a user hereby acknowledge and agree that your use of the Queuems services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Queuems services and website and your use thereof, including, without limitation, the implied warranties of third-party platforms (including AWS merchantability) for any particular purpose. We make no warranties or representations about the accuracy or completeness of the website’s content or the content of any other website that is linked to Queuems and thereby, we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of this website, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the web site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the web site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the website.
10. UNFORESEEN EVENTS AND FORCE MAJEURE
Any act or situation which is beyond our control is known as a “Force Majeure Event”. In such a circumstance, we are not liable for any failure to perform or delay in the performance of our obligations or shipping under our general terms. In any such event, the order or project can be canceled and any amount retained will be refunded. Any act, event, non-happening, omission, or accident beyond our control includes (but is not limited to):
Strikes, lock-outs, or other industrial action.
Civil commotion, riot, invasion, cyber-attack, terrorist attack or threat of terrorist attack, war (whether declared or not), or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disasters.
Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport.
Interruption or failure of utility service (including the inability to use public or private telecommunications networks).
Failure of any workforce availability due to any reason.
The acts, decrees, legislation, regulations, or restrictions of any government.
We will use our reasonable endeavors to bring any Force Majeure Event to a close or to find a solution by which our obligations under the general terms or any related contract between us may be performed despite the Force Majeure Event.
11. LIABILITY DISCLAIMER
Liability of any kind by Queuems’ website, the owner(s), team and staff members, employees, consultants, and affiliates for direct, indirect, special, incidental, or consequential damages (including damages for losses on investments or lost profits or for any claim or demand by any third party, even if we, and our team and staff members, employees, consultants, affiliates or our partners knew or had reason to know of the possibility of such damages claim or demand arising under any theory of law in tort, contract, strict liability) from, or in connection with, the access (or the inability of access) to or use of the website is excluded and is hereby expressly disclaimed by our website and related associates to the fullest extent permitted under applicable law and regulations.
12. INDEMNIFICATION BY QUEUEMS AND CLIENT
Both Queuems and clients/users hereby agree to defend each other and their known associates and affiliates against any and all claims, demands, proceedings and legal suits made or brought against each other including any out-of-pocket damages, costs, judgments, attorney/lawyer fees, costs, and approved settlement payments, incurred in defending such a claim against each other.
13. GOVERNING LAW
All the information that is provided here, these Terms and Conditions and any other rules, conditions, and terms presented on this document and our website shall be subject to the governing law of the state of Ohio and the United States of America.
14. DISPUTES
If there is any dispute about or involving these Terms, the queue management services being offered through Queuems, and/or any related services, you agree that any dispute shall be governed by the laws of the state of Ohio, notwithstanding any principles of conflicts of law. If for any reason a Dispute (defined below) proceeds in court, you specifically consent to personal and exclusive jurisdiction by and venue in the State and Federal courts of Columbus, Ohio in connection with any dispute between you and Queuems arising out of or involving these Terms and/or any services. You agree to waive any right to a trial by jury. You agree that the Federal Arbitration Act, the relevant rules, applicable federal law, and the laws of the State of Ohio, without regard to principles of conflicts of law, will govern these Terms for dispute resolution and any disputes.
15. EQUIPMENT COSTS AND RESPONSIBILITIES
Customers are responsible for purchasing or renting the necessary equipment to use our queuems Management System. The equipment costs are as follows:
Alternatively, customers can rent all necessary equipment for $30 per month.
Prices are subject to change and do not include applicable taxes or additional fees. Customers are responsible for connecting the equipment to their Wi-Fi network and ensuring proper setup. QueueMS is not liable for any issues arising from the misuse or incorrect setup of the equipment. For assistance, please contact our support team.
16. CONTACT
If you have any questions, comments, suggestions, or reservations you may contact us through our contact page. You may also contact us by e-mail using this email address: support@queuems.com.