Terms of Service

These Terms of Service ("Terms") are an agreement between NextUp LLC, a North Carolina limited liability company located at 505 New Fire Court, Jacksonville, NC 28546 ("NextUp", "we", "us"), and the business that signs up for NextUp ("you"). They cover the NextUp service at nextupwalkin.com and app.nextupwalkin.com, including the dashboard, staff screens, TV screens, join pages and text messages (the "Service").

By creating an account, starting a trial, subscribing or using the Service, you agree to these Terms. If you accept them for a business, you confirm you can bind that business. Customers who join your line aren't bound by these Terms; our SMS Terms and Privacy Policy cover them.

1. Who we are

NextUp is a walk-in queue and waitlist service for businesses in the United States. Customers join a line from a QR code, link or door tablet, see their place and estimated wait, and can choose to get texts about their spot. Businesses run the line from the dashboard, staff screens and TV screens. NextUp is operated by NextUp LLC, 505 New Fire Court, Jacksonville, NC 28546.

2. Eligibility and accounts

The Service is for businesses (including sole proprietors) in the United States, not for personal or household use.
You must be at least 18 years old and able to enter a contract.
Keep your account information accurate, including a working email address: we send sign-in codes, invitations and important notices there.
Keep your sign-in details secure (we recommend two-factor authentication). You're responsible for activity under your account; tell us promptly at [email protected] if you think it's been misused.
If you sign in with Google, Google's terms also apply to that sign-in.

3. Roles and your team

Owners control billing, branding, invitations, roles, the activity log and deletions. A business always has at least one owner.
Managers run day-to-day operations in the dashboard, without the owner-only areas.
Staff PIN: each location has a PIN that signs a front-desk device into that location's staff screen. Anyone with it can run the line and see customers' names and any phone numbers they gave.

You're responsible for everyone you invite or give a PIN to, and for what they do with the Service: choosing roles, keeping PINs private, changing a PIN when someone leaves (which signs out every device using the old one), and removing people who should no longer have access.

4. Free trial

New businesses get a free trial for the number of days shown at sign-up. No payment card is needed.
We may change or end trial offers for new sign-ups at any time. This doesn't affect a trial already running.
One trial per person and email address, even if an account is deleted and recreated. Businesses you create later start without a trial.
Texts are counted during the trial, but you aren't charged for them.
When the trial ends, online check-ins stop until you subscribe (see section 7). We don't charge you at the end of a trial unless you've subscribed.

5. Changes to the Service

We keep improving NextUp and may add, change or remove features. If a change materially reduces the Service, we'll tell you in advance where we reasonably can. Features described as beta, preview or optional may change or end without notice. Wait times, positions and other estimates are estimates only.

6. Subscription, billing and pricing

The Service is billed per location, monthly or, where we offer it, yearly, as one subscription per business. Current prices are on our pricing page and in the dashboard. Today they are:

$29 a month for the first location and $19 a month for each additional one, or the yearly price shown on the pricing page when you choose yearly billing. For 10 or more locations, contact us.
1,000 texts per location per billing period are included; each text beyond that costs $0.05, billed after the period. A text longer than 160 characters counts as two (and so on), as carriers bill it. Unused texts don't roll over.

Payments. Payments are processed by Stripe. By subscribing you authorize charges to your payment method each billing period, plus any text overage, until you cancel. We never see or store your card number. Manage your card, invoices and cancellation from Manage billing in the dashboard.

Locations. Your subscription follows the number of locations in your business. Adding or removing one changes your charge, and Stripe may prorate changes made partway through a period.

Price changes. We'll give business owners at least 30 days' notice by email before a price increase applies to you. You can cancel before it takes effect.

Taxes. Prices don't include taxes. You're responsible for any sales, use or similar taxes on your purchase, other than taxes on our income.

Cancellation and refunds. You can cancel at any time from Manage billing. Cancellation takes effect at the end of your current billing period, and you keep access until then. Payments are non-refundable, and we don't give refunds or credits for partial periods or unused texts, except where required by law.

Failed payments. If a payment fails, Stripe retries it for a while and the Service keeps working. If it still fails, the subscription lapses (section 7).

7. When a trial or subscription lapses

Your locations stop taking online check-ins from the join page and door tablet.
The dashboard and staff screens keep working, so you can see your data and subscribe again.
Your data is kept, subject to the deletion schedule in section 12, and is there when you resubscribe. We'll email owners at least 30 days before deleting a business that has been lapsed for a long time.

8. Texting your customers: your responsibilities

Text messaging is regulated in the United States, including by the Telephone Consumer Protection Act (TCPA), state laws and carrier rules. NextUp is built so texts are sent only with consent. By using the Service, you agree to the following:

Only text through the consent flow. NextUp texts a customer only when they enter their own mobile number on the join page or door tablet and check the consent box, which is unchecked by default. Don't check it for them, don't enter a number unless they clearly ask you to, and don't pressure anyone to give one. Joining without a number must always be possible.
No imported or purchased lists. Don't add phone numbers from any list, spreadsheet, contact book or other system, or try to work around this.
Line updates only. Texts are about the customer's place in your line. Don't use the Service, or numbers obtained through it, for marketing, promotions, surveys or anything else.
Honor opt-outs. When a customer replies STOP, texts stop. Don't try to get around an opt-out.
Texts from your own devices. The staff screen lets staff call or text a customer from the device's own phone or messages app. Those are sent by you, not by NextUp, and you're responsible for them, including any consent the law requires.
Accurate names. Your business and location names appear in texts, so they must be accurate and not misleading.
Cooperation. If a carrier, Twilio or a regulator asks about messages sent for your business, you'll help us respond.

We may suspend texting for a location or business without notice if we reasonably believe these rules are being broken, or if a carrier or Twilio requires it. You're responsible for fines, penalties or claims that result from breaking them (section 18).

9. Acceptable use

You and your team must not:

send spam, or any message the recipient didn't ask for;
use the Service for anything unlawful, fraudulent, deceptive, harassing, hateful or discriminatory, or that infringes anyone's rights;
upload content that is unlawful, sexually explicit, violent or hateful, that you don't have the right to use, or photos of people who haven't agreed to appear on your screens;
add fake entries to a line, flood the check-in or texting features, or use them to message people who aren't joining your line;
scrape, crawl or harvest data from the Service;
try to access another business's data, probe the Service's security, bypass rate limits, or interfere with the Service;
reverse engineer the Service, except where the law allows it;
resell or sublicense the Service without our written agreement; or
use the Service outside the United States.

10. Your content

"Your content" is what you and your team put into the Service: business and location names and addresses, logos, colors, team names and photos, your catalog of services and products, hours and settings.

You own your content. You give us a non-exclusive, royalty-free licence to host, store, copy, process, resize, display and transmit it, only as needed to provide, secure and support the Service (for example showing your logo and team photos on your join page, staff screen and TV). The licence ends when the content is deleted, except for copies in backups until they're removed.
You confirm you have the rights and permissions needed, including consent from each team member whose name or photo you add.
We may remove content that we reasonably believe breaks these Terms.

11. Customer data

"Customer data" is what the Service collects when customers join your line: their name, their mobile number and consent (if they gave one), their photo (if they added one), what they asked for, and when they joined, were called and were served.

You are responsible for customer data as the business that controls it, and we process it on your behalf to provide the Service, as these Terms and our Privacy Policy describe. We don't sell customer data or use customers' numbers or texting consent for marketing. You're responsible for having a lawful basis to collect customer data through the Service, for any notices your customers need from you, and for your own use of the customer data you see.

We use customer data only to provide, secure, support and improve the Service and as the law requires; protect it with the measures on our Security page; limit access to people and providers who need it; delete it on the schedule below; and tell you without undue delay about a security breach affecting it, as the law requires.

12. Data retention

NextUp deletes data automatically on this schedule:

A customer's mobile number: deleted 24 hours after they join the line.
A customer's photo: deleted when their visit ends, and never kept longer than 24 hours.
An open line entry nobody closed out: expired after 12 hours.
Finished visits (name, what they asked for, times): deleted after 400 days (about 13 months).
Activity log records: deleted after 365 days.
Sign-in links and email tokens: deleted after 7 days.
Business data (locations, team, branding, catalog, settings): kept while the business exists, and deleted when the business or account is deleted.

We back up the database nightly to off-server storage, and deleted data can remain in those backups until they're removed in the ordinary course. To stop the free trial being reused, we keep a one-way hash of an email address that has used one, even after the account is deleted.

13. Third-party services

The Service relies on providers including Stripe (payments), Twilio (text messages), Resend (account emails), Google (if you sign in with Google), our hosting and backup provider, and the US National Weather Service (weather on TV screens); our subprocessors page lists them all. Their own terms apply, and we're not responsible for their availability. Texts and emails can be delayed or undelivered by carriers and mail providers. Weather is informational only, may be missing or wrong, and must not be relied on for safety decisions.

14. Availability and support

We work to keep NextUp reliable, but the Service is provided "as is" and "as available", without a service level agreement or uptime guarantee, and may be interrupted for maintenance or reasons outside our control. Support is by email at [email protected]. You're responsible for your own devices, internet connection, screens and QR codes, and for a fallback (such as a paper list) if the Service is unavailable.

15. Suspension and termination

You can cancel your subscription at any time, and an owner can delete the business from the dashboard at any time. We may suspend or end your access if you materially breach these Terms (especially sections 8 and 9), don't pay, create risk or legal exposure for us or others, or if a law, carrier or provider requires it. Where reasonable, we'll give notice and a chance to fix the problem first. If we stop offering the Service entirely, we'll give at least 30 days' notice and refund prepaid fees for the time after it ends. Sections that by their nature should survive termination (including 8, 11 and 16 to 20) survive.

16. Disclaimers

Except as these Terms expressly say, and as far as the law allows, the Service is provided without warranties of any kind, express, implied or statutory, including merchantability, fitness for a particular purpose, title and non-infringement. We don't warrant that the Service will be uninterrupted, error-free or secure, that texts or emails will be delivered, or that wait estimates will be accurate.

17. Limitation of liability

As far as the law allows, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, customers or data. Our total liability for all claims relating to these Terms or the Service is limited to US $100. These limits don't apply to your payment obligations, your indemnity, your breach of sections 8 or 9, or liability that can't be limited by law.

18. Indemnity

You'll defend, indemnify and hold harmless NextUp LLC and its officers, employees and agents against third-party claims, fines, penalties, losses and expenses (including reasonable lawyers' fees) arising from your or your team's breach of these Terms (including sections 8 and 9), your content, or your use of customer data and dealings with your customers. We'll tell you promptly about a claim, let you control the defence, and cooperate reasonably at your cost.

19. Your data when you leave

Deleting a business: an owner can delete the business from the dashboard. We cancel the Stripe subscription first, then delete its locations, lines, visits, team, branding, catalog and settings. This can't be undone.
Deleting your account: any user can delete their own account. A business where they're the only member is deleted with it; otherwise another person must be made an owner first.
Exporting: you can export your catalog as a CSV file from the dashboard. If you need a copy of other data before you leave, email us before deleting and we'll give reasonable help.
Data may remain in backups for a limited time (section 12), and we keep records the law requires, such as billing records.

20. Governing law and disputes

These Terms are governed by the laws of the State of North Carolina, without regard to its conflict-of-laws rules. Before bringing a claim, each party will try to resolve the dispute informally, in writing, for at least 30 days. If that doesn't work, the dispute will be decided only by the state or federal courts in Onslow County, North Carolina, and both parties consent to their jurisdiction. Either party may bring an individual claim in small-claims court, or seek urgent injunctive relief in any court with jurisdiction.

21. General

These Terms, our Privacy Policy and SMS Terms are the whole agreement between us about the Service.
You may not assign these Terms without our written consent. We may assign them as part of a merger, acquisition or sale of assets, with notice to you.
Neither party is liable for delays or failures caused by events beyond its reasonable control, including carrier or provider outages.
If part of these Terms is unenforceable, the rest stays in effect. Not enforcing a term isn't a waiver. We're independent parties, not partners or agents.
We send notices to your business owners' email addresses and may show them in the dashboard. Send notices to [email protected] and, for legal notices, also by mail to 505 New Fire Court, Jacksonville, NC 28546.
We won't use your business's name or logo in our marketing without your permission.

22. Changes to these Terms

We may update these Terms. For material changes, we'll give business owners at least 30 days' notice by email and in the dashboard before they take effect; other changes take effect when posted, and we'll update the date above. If you keep using the Service after changes take effect, you accept them; if you don't agree, you can cancel before then. If these Terms conflict with the SMS Terms about messages to your customers, the SMS Terms apply to those messages.

23. Contact

NextUp LLC, 505 New Fire Court, Jacksonville, NC 28546.
Email [email protected].