Terms of Use

Waitlister — operated by Lemon Tree Ventures, LLC

Effective 1 September 2026. Version 2.0. Supersedes the version effective 15 April 2026. Related documents: Privacy Policy, Data Processing Agreement and Subprocessors.

#1. Who we are

Waitlister is operated by Lemon Tree Ventures, LLC, a Delaware limited liability company of 1111B S Governors Ave, STE 55103, Dover, DE 19904, United States ("Waitlister", "we", "us", "our").

These Terms of Use ("Terms") are a legally binding agreement between you and Lemon Tree Ventures, LLC. "You" means the individual or entity that opens a Waitlister account.

#2. Acceptance

These Terms govern your access to and use of the Waitlister website, applications, APIs and services (together, the "Service"). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

If you accept these Terms on behalf of a company or other organisation, you confirm that you have authority to bind it, and "you" means that organisation.

#3. The agreement between us

These Terms incorporate by reference:

• our Privacy Policy, at waitlister.me/privacy-policy; and
• our Data Processing Agreement, at waitlister.me/dpa, which governs our processing of personal data that you collect through the Service and which applies automatically without separate signature.

Together with the plan you purchase, these documents form the entire agreement between us (see Section 37).

If there is a conflict between them, the following order applies, highest first: (1) the standard contractual clauses and other transfer instruments incorporated into the Data Processing Agreement; (2) the Data Processing Agreement; (3) these Terms; (4) the Privacy Policy.

#4. Eligibility and business use

The Service is offered for business and professional purposes only. It is not intended for consumers, and by using it you confirm you are using it in the course of a trade, business, craft or profession.

You must be at least 18 years old and legally capable of entering into a binding contract.

#5. Your account

To use most of the Service you must register an account. You agree to provide accurate registration information and keep it current, to keep your password and API credentials secure, and to notify us promptly of any unauthorised use of your account.

You are responsible for all activity that occurs under your account.

#6. Team members

If the Service allows you to invite other people to your account, you are responsible for their use of the Service, for ensuring they comply with these Terms, and for removing their access when it is no longer required. Anything a team member does under your account is treated as done by you.

#7. Plans, fees and billing

7.1 Plans. The Service is offered on free and paid plans. The features and limits of each plan are described on our pricing page and may change as described in Section 23.

7.2 Fees. You agree to pay the fees for the plan you select. Fees are stated exclusive of taxes unless we say otherwise, and you are responsible for any sales, use, VAT, GST or similar taxes, other than taxes on our income.

7.3 Subscriptions and renewal. Paid plans are billed in advance on a recurring basis — monthly or annually, depending on the plan you choose. Your subscription renews automatically at the end of each billing period at the then-current rate, until you cancel.

7.4 Cancellation. You can cancel at any time from your account settings. Cancellation takes effect at the end of your current billing period. You keep access to your paid plan until then, and you are not charged again after that.

7.5 Upgrades and downgrades. You can change plans at any time. Upgrades take effect immediately and we charge the difference on a pro-rata basis. Downgrades take effect at the end of your current billing period. If your usage exceeds the limits of your new plan, some features may become unavailable until your usage is within those limits.

7.6 Payment. Payments are processed by Stripe. By providing payment details you authorise us to charge them for all fees due.

7.7 Failed payments. If a payment fails, we may retry it. If payment remains outstanding, we may suspend or downgrade your account after giving you notice.

7.8 Price changes. We may change our prices. We will give you at least 30 days' notice before a change affects you, and the new price applies from your next billing period. If you do not accept the change, you may cancel before it takes effect.

7.9 Chargebacks. If you initiate a chargeback for a legitimately incurred charge, we may suspend your account until the matter is resolved.

#8. Refunds

Fees are non-refundable except where required by law or where we expressly agree otherwise. Cancelling stops future charges but does not refund the current billing period.

We do not provide refunds for partial billing periods, for periods in which you did not use the Service, or where we terminate your account for breach of these Terms.

Nothing in this Section limits any statutory right you may have that cannot be excluded.

#9. Lifetime and promotional deals

Where you purchased access through a promotional or "lifetime" offer, including through a third-party marketplace such as AppSumo:

• "Lifetime" means the operational lifetime of the Service, not your lifetime;
• your access is limited to the features and limits published for that offer at the time of purchase;
• the offer is personal to you and is not transferable or resellable unless the offer expressly says so;
• refunds are handled by the marketplace you purchased through, under its refund policy, not by us; and
• if we discontinue the Service, Section 23 applies.

#10. Plan limits and fair use

Each plan has limits, which may include the number of waitlists, subscribers, emails, team members, AI credits and API requests. We may enforce these limits technically.

You must not create multiple accounts, or use the Service in a way designed to circumvent plan limits, pricing or any restriction we have applied to your account.

#11. Your content and the licence you give us

11.1 Your content. "Your Content" means everything you upload, create, send or display through the Service — including landing pages, form configurations, images, email content, and the subscriber data you collect. As between you and us, Your Content is yours.

11.2 Licence to us. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, modify (for formatting and display), transmit and display Your Content, solely to the extent necessary to provide, secure and support the Service for you, and to comply with our legal obligations. This licence ends when you delete Your Content or close your account, subject to Section 24.4 and to residual backup copies.

11.3 Your responsibility. You are solely responsible for Your Content and for having all rights and permissions necessary to provide it to us and to have us process it. Your Content must comply with applicable law and must not be deceptive, misleading or fraudulent.

11.4 Removal. We may remove Your Content if we reasonably believe it breaches these Terms or applicable law. Where practicable we will tell you why.

11.5 Personal data. Where Your Content includes personal data of your subscribers, our processing of it is governed by the Data Processing Agreement. You are the controller of that data and we are your processor.

#12. Public directory

We operate a public directory of waitlists at waitlister.me/explore, which is open to the public and indexed by search engines.

Listing is off unless you turn it on. A landing page you create is not listed in the directory unless you enable listing for it. You can turn listing on or off for each page at any time in your landing page settings.

Pages created before listing became an opt-in setting retain whatever setting they had at that time. If you have an older page, check its setting.

While listing is enabled for a page, you grant us a licence to display that page's title, description, image and link in the directory. If you turn listing off we will remove it, though search engines may take time to update their own indexes.

#13. Sending email through Waitlister

This section is important. Our ability to deliver email for every customer depends on all customers following it.

13.1 Permission. You must have a lawful basis and, where required, valid consent to contact every address you collect, import or send to through the Service. You must be able to evidence that basis on request.

13.2 Compliance. You must comply with all applicable laws governing electronic marketing and email, including the GDPR and applicable ePrivacy rules, the UK GDPR and PECR, CAN-SPAM, and CASL.

13.3 Content and unsubscribes. Every marketing email you send must identify you accurately, must not use misleading headers or subject lines, and must include a working unsubscribe mechanism. You must honour unsubscribe requests promptly. We may add an unsubscribe link automatically; that does not relieve you of this obligation.

13.4 Our operational controls. To protect deliverability and prevent abuse, we may: apply sending limits; require double opt-in; screen outbound content automatically for fraud and abuse; delay, pause or refuse to send any message; suppress addresses that have bounced, complained or unsubscribed; and require you to verify a sending domain.

13.5 Deliverability. We do not guarantee that any message will be delivered, or will reach an inbox rather than a spam folder. Sender reputation depends substantially on your list quality and content, which are within your control and not ours.

13.6 Suspension. Complaint or bounce rates that threaten the Service's deliverability, or evidence of sending without permission, may result in immediate suspension of sending under Section 24.

#14. Importing contacts

If you import contacts into the Service, you confirm that each contact was collected lawfully, that you have a lawful basis to contact them, and that you have not purchased, rented, scraped or otherwise harvested the list.

We may refuse, limit or reverse an import, and may require evidence of consent before enabling sending to imported contacts.

#15. Prohibited uses

You must not use the Service to:

• send unsolicited commercial messages, or send to addresses obtained without permission;
• conduct phishing, fraud, or any scam, including deceptive giveaways, prize or investment schemes;
• impersonate any person or organisation, or misrepresent your affiliation with one;
• distribute malware, or link to malicious or deceptive destinations;
• harvest or scrape email addresses or other data;
• publish content that is unlawful, defamatory, obscene, or that infringes anyone's rights;
• probe, scan or test the vulnerability of the Service, or breach or circumvent any security or authentication measure;
• use the API to send communications to recipients who have not given you permission;
• place unreasonable load on the Service, or interfere with its operation or with any other customer's use of it;
• resell or provide the Service to a third party as your own, unless we have agreed in writing; or
• use the Service in breach of any applicable law.

#16. API

If you use our API you must comply with our documentation and published rate limits, keep your API keys confidential, and not use the API to circumvent plan limits.

We may monitor API usage, and may restrict, throttle or revoke API access where use breaches these Terms or threatens the stability of the Service.

You are responsible for anything done using your API keys.

#17. Custom domains

If you connect a custom domain, you confirm that you own it or are authorised to use it, and you remain responsible for your DNS configuration.

We are not responsible for downtime, certificate errors or delivery failures caused by DNS changes outside our control, by your registrar, or by your domain expiring.

#18. AI features

Parts of the Service use artificial intelligence — for example generating landing page content, marketing copy and other suggestions, and screening outbound email for abuse.

18.1 Output. AI output is generated automatically and may be inaccurate, incomplete, out of date or unoriginal. You must review AI output before you publish or send it. You are responsible for the output you choose to use, as if you had written it yourself.

18.2 No warranty. AI features are provided without any warranty as to accuracy, originality, fitness for purpose or non-infringement.

18.3 Processing. Content you submit to AI features is processed by third-party AI providers acting as our subprocessors, as listed in the Data Processing Agreement. We do not permit those providers to use your content to train their models.

18.4 Credits. Where AI features are metered in credits, credits are non-refundable and non-transferable, may expire at the end of a billing period, and have no cash value.

18.5 Automated screening. Our abuse screening is automated and imperfect. It may occasionally delay or block a legitimate message. We are not liable for a message that screening delays or blocks in good faith.

18.6 Interacting with AI. Our in-product support assistant is an artificial intelligence system, and is identified as such when you begin a conversation with it. You are not interacting with a person.

18.7 AI-generated output. Content produced by our AI features is generated by an artificial intelligence system. Where you publish or send that content, you do so as your own and you are responsible for it, including for any disclosure that applicable law requires you to make about its origin.

#19. Third-party integrations

The Service can connect to third-party services. If you enable an integration, you authorise us to exchange data with that service on your instruction.

Third-party services are governed by their own terms and privacy policies, not ours. We are not responsible for them, for what they do with data you send them, or for their availability. Disabling an integration does not delete data that has already been transferred.

#20. Our intellectual property

The Service, and all software, design, text, graphics and other material we provide, are owned by us or our licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service in accordance with these Terms.

You must not copy, modify, distribute, sell, lease, reverse engineer or create derivative works from any part of the Service, except to the extent applicable law prohibits that restriction.

Our name, logo and brand are ours. These Terms do not grant you the right to use them, except that you may use any attribution badge we make available, as we describe it.

#21. Feedback

If you send us ideas, suggestions or feedback about the Service, we may use them for any purpose without restriction, obligation or compensation to you. You are not required to send us feedback.

#22. Beta features

We may offer features identified as beta, preview or experimental. These are provided as-is, may be changed or withdrawn at any time, may not work reliably, and are excluded from any commitment we make elsewhere about the Service.

#23. Changes to the Service

We may add, change, or remove features. If we discontinue a material part of the Service, or the Service as a whole, we will give you reasonable notice where we can, and — if you are on a paid plan — refund fees you have prepaid for the period after the discontinuation.

#24. Suspension and termination

24.1 By you. You may stop using the Service and close your account at any time. Section 7.4 applies to fees.

24.2 By us. We may suspend or terminate your access if you materially breach these Terms, if we are required to by law or by a competent authority, if your account is used for fraudulent or abusive activity, or if you fail to pay.

24.3 Notice. We will give you reasonable notice before suspending or terminating your account, and an opportunity to fix the problem where it can be fixed. We may act without notice where the breach is serious — including fraud, sending without permission, activity that threatens the security or deliverability of the Service, or anything unlawful.

24.4 Your data on termination. This Section is subject to the Data Processing Agreement, which prevails in the event of any conflict. For 30 days after termination you can export your data using the export tools in the Service. After that we delete it in accordance with the Data Processing Agreement. Where an account is terminated for fraud or unlawful activity we may suspend access immediately, but we will still provide a controlled means of export during that period unless deletion is required by law or you instruct us to delete.

24.5 No refund on termination for breach. If we terminate your account for breach, fees already paid are not refunded.

#25. Disclaimer of warranties

To the maximum extent permitted by applicable law, the Service is provided "as is" and "as available", without warranty of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

We do not warrant that the Service will be uninterrupted, timely, secure, error-free, or free from viruses or other harmful components, or that any defect will be corrected.

Nothing in this Section excludes a warranty or condition that applicable law does not allow to be excluded.

#26. Limitation of liability

To the maximum extent permitted by applicable law:

26.1 Neither party is liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business, goodwill, anticipated savings or data, however caused and under any theory of liability, even if advised of the possibility.

26.2 Our total aggregate liability arising out of or in connection with these Terms, the Privacy Policy and the Data Processing Agreement — taken together, not separately — will not exceed the total amount you paid us for the Service in the six (6) months immediately preceding the event giving rise to the claim.

26.3 Sections 26.1 and 26.2 do not apply to, and nothing in this agreement limits or excludes:

(a) liability for death or personal injury caused by negligence;

(b) liability for fraud or fraudulent misrepresentation;

(c) your obligations to pay fees, or your obligations under Section 27;

(d) any liability, indemnity or right of recourse arising under Clause 12 of the standard contractual clauses incorporated into the Data Processing Agreement — including the liability of each party to the other under that Clause — either party's liability to a data subject under those clauses, or any right of compensation or recourse under Article 82 of the GDPR or its UK or Swiss equivalents; or

(e) any other liability that cannot be limited or excluded under applicable law.

26.4 The limitations in this Section reflect the allocation of risk between us and are a fundamental basis of the bargain. They apply even if a limited remedy fails of its essential purpose.

#27. Indemnification

You will defend, indemnify and hold harmless Lemon Tree Ventures, LLC, its officers, members, employees and agents from and against any third-party claim, and any resulting damages, losses, liabilities, settlements, costs and reasonable legal fees, arising out of or relating to:

• your use of the Service;
• Your Content;
• your breach of these Terms or of any applicable law, including any law governing electronic marketing or data protection;
• any communication you send through the Service; or
• your infringement of any third party's rights.

We will notify you promptly of any claim, give you sole control of the defence and settlement (except that you may not settle in a way that admits our liability or imposes any obligation on us without our written consent), and provide reasonable cooperation at your expense.

#28. Copyright complaints

We respond to notices of alleged copyright infringement relating to content hosted on the Service.

If you believe content on the Service infringes your copyright, send a notice containing the information required by 17 U.S.C. § 512(c)(3) to our designated agent:

DMCA Agent
Lemon Tree Ventures, LLC
1111B S Governors Ave, STE 55103
Dover, DE 19904
United States
Email: devin@waitlister.me
Telephone: +1 (302) 520-5765

Our designated agent is registered with the United States Copyright Office under registration number DMCA-1079334 and may be verified in the Copyright Office's DMCA Designated Agent Directory.

We may remove content and terminate the accounts of repeat infringers.

#29. Export control and sanctions

You confirm that you are not located in, and are not a national or resident of, any country subject to comprehensive US sanctions, and that you are not on any US government list of prohibited or restricted parties. You must not use the Service in breach of any applicable export control or sanctions law.

#30. Notices

We may give you notice by email to the address registered on your account, or by a notice within the Service. You are responsible for keeping your registered email address current. Notice is treated as given on the day it is sent.

You may give us notice at devin@waitlister.me.

#31. Changes to these Terms

We may change these Terms. If a change is material, we will give you at least 30 days' notice by email or in the Service before it takes effect, and we will update the effective date below.

Changes apply from their effective date. If you do not accept a change, you must stop using the Service and may cancel before it takes effect. Continued use after the effective date means you accept the change.

#32. Governing law and disputes

32.1 These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of laws rules.

32.2 Subject to Section 32.4, the state and federal courts located in the State of Delaware have exclusive jurisdiction over any dispute arising out of or relating to these Terms, and each party submits to that jurisdiction.

32.3 Informal resolution first. Before starting proceedings, you agree to contact us at devin@waitlister.me and to attempt in good faith to resolve the dispute informally for at least 30 days.

32.4 Data protection carve-out. This Section does not apply to disputes under the standard contractual clauses or other transfer instruments incorporated into the Data Processing Agreement, which are governed by their own law and jurisdiction provisions. It does not deprive a data subject of any right to bring proceedings in the courts of their place of habitual residence, or restrict the jurisdiction of any supervisory authority.

#33. Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign them to an affiliate, or in connection with a merger, acquisition, reorganisation or sale of substantially all our assets. Any attempted assignment in breach of this Section is void.

#34. Force majeure

Neither party is liable for any failure or delay in performance caused by an event beyond its reasonable control, including natural disaster, war, terrorism, civil unrest, labour dispute, epidemic, government action, failure of a utility or telecommunications provider, or failure of a third-party hosting or network provider. This does not excuse any obligation to pay fees.

#35. Severability and waiver

If any provision of these Terms is held invalid or unenforceable, it will be limited or removed to the minimum extent necessary and the remaining provisions will stay in force.

Our failure to enforce any provision is not a waiver of it.

#36. Survival

Sections 3, 7 (in respect of fees accrued), 8, 11, 15, 20, 21, 24.4, 25, 26, 27, 30, 32, 33, 35, 36 and 37 survive termination of these Terms.

#37. Entire agreement

These Terms, together with the Privacy Policy, the Data Processing Agreement, and the plan or offer you purchased, constitute the entire agreement between you and Lemon Tree Ventures, LLC in relation to the Service, and supersede all prior agreements, proposals and representations relating to it.

Nothing in this Section limits liability for fraud or fraudulent misrepresentation.

#38. Contact

Lemon Tree Ventures, LLC
1111B S Governors Ave, STE 55103
Dover, DE 19904
United States
devin@waitlister.me

Effective date: 1 September 2026. Version 2.0. Supersedes the version effective 15 April 2026.