Terms and Conditions

Effective Date: August 15, 2026  |  Last Updated: August 15, 2026

1. Acceptance of Terms

These Terms and Conditions (“Terms”) form a legally binding agreement between you (“User,” “Customer,” “you,” or “your”) and WaitlistTest (“Company,” “we,” “our,” or “us”) governing your access to and use of all WaitlistTest products, services, APIs, embedded widgets, dashboards, and hosted pages (collectively, the “Services”).

By creating an account, clicking “Sign Up,” accepting a checkout, or otherwise accessing or using the Services, you confirm that you have read, understood, and agree to be bound by these Terms in full. If you do not agree, you must immediately cease all use of the Services. These Terms also incorporate our Privacy Policy by reference.

If you accept these Terms on behalf of a company or other legal entity, you represent that you have the legal authority to bind that entity. If you lack such authority, you are personally bound by these Terms.

2. Eligibility

You must be at least 18 years of age (or the applicable age of majority in your jurisdiction) to use the Services. By using the Services, you represent and warrant that you meet this requirement. We reserve the right to verify eligibility and to refuse access to any person at our sole discretion.

3. Description of Service — What WaitlistTest Is and Is Not

The quantity, quality, and conversion rate of leads generated through your use of our Services depends entirely on factors outside our control, including but not limited to: your product’s market fit, your marketing strategy and spend, your copywriting and messaging, your offer, your audience targeting, the quality of traffic you drive to your waitlist page, and macroeconomic conditions.

WaitlistTest makes no representation, warranty, or guarantee — express or implied — that use of the Services will result in any minimum number of signups, leads, conversions, paying customers, revenue, or business growth. Zero leads is not a platform failure. The platform’s job is to reliably collect and store the submissions you receive — not to generate traffic or guarantee that visitors sign up.

4. Refund Policy

After 14 days, this no-refund policy applies to, but is not limited to:

• Dissatisfaction with results: Low or zero signups, leads, or conversions are not grounds for a refund. Results depend on your own marketing efforts and are not WaitlistTest’s responsibility.
• Non-use or underuse: Failure to use the Services, forgetting to cancel, or not fully utilizing features available to your plan does not entitle you to a refund.
• Feature expectations: If you purchased a plan expecting features that are not documented on our Pricing page at the time of purchase, this does not constitute grounds for a refund.
• Account termination for violations: If your account is terminated due to a breach of these Terms, no refund will be issued for any unused portion of your subscription.
• Partial billing periods: No prorated refunds are issued for cancellations mid-cycle.
• Annual plans: Annual subscription fees are non-refundable after the 14-day window.
• Add-ons and one-time purchases: Any additional purchases are non-refundable.

Chargeback Notice: Initiating a chargeback or payment dispute with your bank or card issuer when no valid grounds exist (i.e., “friendly fraud”) is a material breach of these Terms. In such cases, we reserve the right to: (a) permanently terminate your account, (b) blacklist your email and payment method from future use of the Services, (c) dispute the chargeback and submit evidence of service delivery, and (d) pursue recovery of amounts owed plus our legal costs, as described in Section 13 (Attorney Fees).

You acknowledge that statutory consumer rights in your jurisdiction may provide certain rights that cannot be excluded by contract. Nothing in this section is intended to exclude rights that cannot be lawfully excluded.

5. Subscriptions & Billing

5.1 Subscription Plans

WaitlistTest offers free and paid subscription plans. Paid plan features are as described on our Pricing page. We reserve the right to modify plan features and pricing with 30 days’ advance notice.

5.2 Billing

• Paid plans are billed in advance, monthly or annually, on the date of your subscription activation.
• All fees are in USD unless otherwise specified. You are responsible for applicable taxes including GST (India), VAT (EU), or sales tax (US states).
• Payments are processed by Lemon Squeezy (our Merchant of Record). Lemon Squeezy’s terms and privacy policy apply to all payment transactions. WaitlistTest does not store your full payment card details.
• Failed payments may result in service suspension. It is your responsibility to maintain valid payment information in your account.

5.3 Cancellation

You may cancel your subscription at any time from your account dashboard. Your access to paid features continues until the end of the current billing period. No partial-period refund is issued upon cancellation.

5.4 Price Changes

We reserve the right to change subscription pricing with 30 days’ advance notice sent to your registered email. Continued use after the new pricing takes effect constitutes acceptance of the new prices.

6. Permitted Use & Prohibited Conduct

6.1 Permitted Use

You may use the Services solely for your own lawful internal business purposes — to create and manage pre-launch waitlists for your products or services — in strict accordance with these Terms.

6.2 Prohibited Conduct

You expressly agree that you will not:

• Use the Services to send, facilitate, or enable the sending of unsolicited commercial email (“spam”) in violation of CAN-SPAM, CASL, GDPR, or any other applicable anti-spam regulation;
• Collect email addresses or personal data from individuals without their informed and freely given consent;
• Use purchased, rented, scraped, or harvested email lists in connection with the Services;
• Use the Services to run or promote deceptive, fraudulent, or misleading campaigns, products, or services;
• Use the Services to collect sensitive personal data (health, financial, government ID, biometric) without legally required safeguards and explicit consent;
• Target children under 13 (or 16 in applicable jurisdictions) without verifiable parental consent;
• Engage in any conduct that violates applicable data protection laws (GDPR, CCPA, PDPB, etc.) in the jurisdictions of you or your subscribers;
• Resell, sublicense, white-label, or make the Services commercially available to third parties without our prior written consent;
• Attempt to reverse engineer, decompile, disassemble, or extract source code from our software;
• Attempt to gain unauthorized access to our systems, databases, other user accounts, or related infrastructure;
• Overload, DDoS, scrape, or otherwise abuse our infrastructure;
• Impersonate WaitlistTest, our employees, or any person or entity;
• Use the Services to promote content that is defamatory, harassing, hateful, obscene, or otherwise objectionable;
• Violate any applicable local, national, or international law or regulation.

Violations of this section may result in immediate account suspension or termination without notice or refund, and may expose you to civil or criminal liability.

7. Customer Responsibility as Data Controller — Platform Not Liable for Misuse

As the data controller, you are solely and exclusively responsible for:

• Consent: Obtaining valid, informed, and freely given consent from every individual whose personal data you collect via our platform;
• Transparency: Publishing a legally compliant privacy policy on your own website or waitlist page that accurately describes your data collection and use practices;
• Legal Basis: Ensuring a lawful basis exists for every category of personal data you collect and every processing activity you conduct;
• Anti-Spam Compliance: Ensuring that all communications you send to your waitlist subscribers comply with CAN-SPAM, CASL, GDPR, and all other applicable anti-spam and email marketing laws;
• Data Subject Rights: Honoring your subscribers’ rights to access, correct, delete, or export their personal data;
• Accuracy of Claims: Ensuring that your product, service, offer, or campaign does not make false, misleading, or deceptive representations to your subscribers or potential subscribers;
• Sector-Specific Compliance: Complying with any sector-specific regulations applicable to your business (e.g., financial services, healthcare, education, etc.);
• Geographic Compliance: Complying with the data protection and consumer laws applicable in every jurisdiction where you collect data or have subscribers.

WaitlistTest shall bear no liability whatsoever — direct, indirect, or consequential — for any regulatory fine, civil claim, criminal proceeding, or other legal action arising from your failure to fulfill the above responsibilities. If any third party (including a regulator or your subscriber) brings a claim against WaitlistTest arising from your actions or omissions as a data controller, you agree to fully indemnify us as set forth in Section 11.

8. Disclaimer of Warranties & No Guarantee of Results

9. Limitation of Liability

10. Service Availability

We target high availability but do not guarantee uninterrupted service. Scheduled maintenance, emergency patching, third-party outages (e.g., cloud hosting, CDN, database providers), or force majeure events may cause downtime. Downtime does not entitle you to a refund, service credit, or any other compensation unless a separate written SLA exists between you and WaitlistTest.

11. Indemnification

You agree to indemnify, defend, and hold harmless WaitlistTest and its officers, directors, shareholders, employees, contractors, agents, licensors, and service providers from and against any and all claims, demands, liabilities, damages, judgments, awards, losses, costs, expenses, fines, penalties, and fees (including reasonable attorneys’ fees and legal costs) arising out of or in any way related to:

• Your access to or use of the Services;
• Any content, data, or materials you upload, submit, or transmit through the Services;
• Your failure to obtain proper consent from your subscribers or your non-compliance with any data protection, privacy, or anti-spam law (GDPR, CCPA, CAN-SPAM, CASL, India PDPB, etc.);
• Your misuse or misrepresentation of your product, service, or waitlist campaign to your subscribers;
• Any claim by your subscriber, customer, or third party arising from your product or service — including dissatisfaction, fraud, false advertising, or unfulfilled promises;
• Your violation of any third-party intellectual property rights;
• Your violation of these Terms or any applicable law or regulation;
• Any frivolous, bad-faith, or unsuccessful legal action you initiate against WaitlistTest.

WaitlistTest reserves the right to assume exclusive control of the defense of any matter subject to indemnification. You agree to cooperate fully with us in asserting available defenses.

12. Intellectual Property

12.1 WaitlistTest Ownership

All intellectual property in the Services — including software, algorithms, designs, UI, logos, trademarks, and documentation — is owned by WaitlistTest and protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes in accordance with these Terms.

12.2 Your Content

You retain ownership of content you create and upload. You grant WaitlistTest a limited, royalty-free, worldwide license to host, display, and process your content solely to operate the Services. You represent and warrant that your content does not infringe any third-party intellectual property or privacy rights.

12.3 Feedback

Any Feedback (suggestions, ideas, or improvements) you provide to WaitlistTest may be used by us freely without obligation, attribution, or compensation to you.

13. Attorney Fees & Legal Costs — Prevailing Party Clause

The “prevailing party” means the party that is awarded the relief sought, or substantially all of the relief sought, in the proceeding.

This clause is intended to deter frivolous, vexatious, or bad-faith legal actions. If you file a legal claim against WaitlistTest and do not prevail, you will be responsible for WaitlistTest’s full legal costs. Conversely, if WaitlistTest files an action against you and does not prevail, WaitlistTest will bear your reasonable legal costs.

14. Termination & Suspension

14.1 Termination by WaitlistTest

We may immediately suspend or terminate your account and access to the Services, with or without notice, and without liability or refund, if:

• You breach any provision of these Terms (including the Prohibited Conduct section);
• We receive credible reports of spam, data abuse, or illegal activity associated with your account;
• Regulatory or legal obligations require us to do so;
• Your account has been inactive for 24+ consecutive months;
• Continuing to provide Services to you would expose WaitlistTest to legal or reputational risk.

14.2 Termination by You

You may terminate your account at any time. Termination does not entitle you to a refund for any unused subscription period. Upon termination, your license to access the Services immediately ceases.

14.3 Effect of Termination

Upon termination, WaitlistTest may delete your account data after a 90-day grace period. You are responsible for exporting your data before account closure. Sections 4, 7, 8, 9, 11, 13, 15, 16, and 17 survive termination of these Terms.

15. Governing Law & Dispute Resolution

These Terms are governed by the laws of India, without regard to conflict of law principles. By using the Services, you submit to the exclusive jurisdiction of courts located in India for any disputes that cannot be resolved through arbitration.

15.1 Mandatory Good-Faith Resolution

Before initiating any formal legal action, the complaining party must provide the other party with written notice of the dispute and a reasonable opportunity (not less than 30 days) to resolve the dispute in good faith.

15.2 Arbitration

If good-faith negotiation fails, disputes shall be resolved by binding arbitration under the rules of the applicable arbitral institution in India. The arbitration shall be conducted in English. The arbitrator’s decision shall be final and binding.

15.3 Class Action & Collective Proceeding Waiver

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide at least 14 days’ advance notice of material changes via your registered email or an in-app banner. Your continued use of the Services after the effective date constitutes your acceptance of the revised Terms. If you disagree, you must stop using the Services.

17. Miscellaneous

• Entire Agreement: These Terms, together with the Privacy Policy and any applicable Order Form, constitute the entire agreement between you and WaitlistTest regarding the Services and supersede all prior agreements.
• Severability: If any provision is found invalid or unenforceable, the remaining provisions remain in full force and effect.
• No Waiver: Our failure to enforce any provision does not constitute a waiver of our right to enforce it in the future.
• No Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets without notice.
• Force Majeure: WaitlistTest is not liable for delays or failures resulting from causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, power failures, internet disruptions, or government actions.
• Relationship of Parties: Nothing in these Terms creates a partnership, employment, agency, franchise, or joint venture relationship between the parties.
• Notices: Legal notices to WaitlistTest must be sent to legal@waitlisttest.com. Notices to you will be sent to your registered email address.

18. Contact

These Terms were drafted in good faith to be protective and clear. They do not constitute legal advice. We strongly recommend consulting a qualified attorney to ensure these Terms are enforceable in your specific jurisdiction and adequately cover your business circumstances.