General Terms and Conditions
Note: This is a courtesy translation. Only the German version is legally binding.
As of: October 2026
1. Scope and Contracting Party
1.1 These General Terms and Conditions (AGB) apply to the use of the Wait-in-Q service (queue management via QR code) by companies, self-employed persons and other commercial providers ("Customer"). The contracting party is Jens Wiemann, c/o DEVDEER GmbH, Herderstraße 31, 39108 Magdeburg, Germany, e-mail: kontakt@wait-in-q.com ("Operator").
1.2 The offering is aimed exclusively at businesses within the meaning of § 14 BGB who use the service for their commercial or self-employed professional activity. Consumers within the meaning of § 13 BGB cannot enter into a contract for Wait-in-Q. By registering and with every paid order, the Customer confirms that it is acting as a business.
1.3 Differing or additional terms and conditions of the Customer do not become part of the contract, even if the Operator does not expressly object to them.
1.4 The German version of these AGB is binding. Translations are provided for better understanding only.
2. Description of Services
2.1 Wait-in-Q is a web-based service (Software as a Service) with which the Customer can set up and manage virtual queues. The Customer's guests join a queue via QR code and see their status in real time.
2.2 There is a free plan ("Free") and paid plans ("Professional", "Enterprise"). The scope, limits (for example the number of queues, service points and guests per queue) and prices of each plan are set out on the pricing page at the time of booking.
2.3 The Operator provides the service via the internet and owes usability at the handover point, the internet exit of the data centre. The Customer, or the guests themselves, are responsible for the internet connection, the end devices and the browser of the Customer and its guests.
2.4 The Operator may further develop and change the service, as long as the contractually owed scope of services of the booked plan is not materially restricted.
3. Conclusion of Contract and Registration
3.1 The contract for the free plan is concluded upon completion of registration. The Customer must provide truthful information and keep it up to date.
3.2 A paid plan is ordered via the "Upgrade with obligation to pay" button in the Customer's account. Before submitting the order, the Customer sees the selected plan, the price and the term, and can change its entries until then. By placing the order, the Customer submits a binding offer. The contract is concluded as soon as the Operator activates the paid plan after successful payment.
3.3 The Customer keeps its access credentials secret and informs the Operator without delay if it suspects misuse of its account.
4. Prices and Payment
4.1 The prices on the pricing page at the time of the order apply. Prices are stated in euros and are final prices; in accordance with § 19 UStG (German small-business rule) no value added tax is charged or shown.
4.2 Paid plans are billed monthly in advance. Payment is made by credit card via the payment service provider Stripe. The Customer receives the invoice electronically.
4.3 If a payment fails, the Operator may request payment from the Customer and restrict the paid features or downgrade the Customer to the free plan if payment still fails after repeated attempts. The claim to the outstanding fee remains unaffected.
4.4 The Operator may change the prices for future billing periods. It notifies the Customer of the change in text form at least 30 days before it takes effect. The Customer can then cancel with effect from the date the change takes effect. If it does not cancel, the new price applies.
4.5 A switch between paid plans takes effect immediately. Unused time of the previous plan is credited proportionately via Stripe.
5. Term and Cancellation
5.1 The free plan has no fixed term. Either party may cancel it at any time. The Customer can delete its account at any time in the settings.
5.2 Paid plans run for one month and renew automatically for a further month each time, unless cancelled. The Customer can cancel at any time with effect from the end of the current billing period, via "Cancel Subscription" in the settings or via the Stripe customer portal. Until the end of the paid period, the features of the plan remain usable. Fees already paid are not refunded proportionately upon cancellation.
5.3 The right of both parties to terminate for good cause remains unaffected. Good cause for the Operator exists in particular if the Customer materially violates Section 8 or is in default with more than one payment.
5.4 If the Customer deletes its account, the Operator automatically cancels an existing paid subscription at the end of the current billing period. No further fees are charged after that, and fees already paid are not refunded pro rata. If the Customer restores the account within the period set out in section 10.3, the subscription is not continued automatically. The Customer can withdraw the cancellation in the settings while the paid period is still running.
6. No Right of Withdrawal
Because the offering is aimed exclusively at businesses (Section 1.2), there is no statutory right of withdrawal for consumers.
7. Availability, Maintenance and Defects
7.1 For paid plans, the Operator owes an availability of the service of 99.0% per calendar month. Not counted are announced maintenance work (Section 7.2), outages due to force majeure, and disruptions that lie within the Customer's sphere of responsibility or with third parties outside the Operator's sphere of influence (for example disruptions of the internet or of the payment service provider).
7.2 The Operator may temporarily restrict the service for maintenance work. Where possible, it announces planned maintenance at least 24 hours in advance and schedules it, where possible, during periods of low usage. Maintenance times totalling up to eight hours per calendar month do not count as an outage.
7.3 In the free plan, there is no entitlement to a particular availability. The Operator endeavours to provide uninterrupted operation.
7.4 The Customer reports disruptions and defects without delay at support@wait-in-q.com. The Customer's rights in the event of defects are governed by the statutory provisions, unless these AGB provide otherwise. The right of self-remedy under § 536a (2) BGB is excluded.
8. Customer Obligations
8.1 The Customer uses the service only within the framework of the law and these AGB. In particular, it undertakes:
- not to misuse, disrupt or overload the service and not to carry out automated mass access,
- to respect the rights of third parties and not to post unlawful or offensive content (for example in queue names or logos),
- not to circumvent security measures and not to retrieve data of other customers,
- to manage its queues responsibly: set appropriate capacities, manage waiting times carefully, treat guests fairly and keep status information up to date.
8.2 The Customer grants the Operator the right to store the content posted by the Customer (for example names, descriptions, logo) and to display it within the service. The Customer ensures that it is entitled to do so.
8.3 The Customer is responsible towards its guests for the information required under Art. 13 GDPR (DSGVO), insofar as it processes personal data of its guests in the service. The Operator makes the notices in the privacy policy available for this purpose.
8.4 If the Customer violates these obligations, the Operator may temporarily block the Customer's account after prior warning. This is permissible without prior warning if the violation is serious or there is imminent danger.
9. Data Protection and Data Processing
9.1 The Operator processes personal data in accordance with the privacy policy and the applicable data protection laws.
9.2 For the personal data of guests that the Customer processes in its queues, the Customer is the controller within the meaning of Art. 4 No. 7 GDPR. The Operator processes this data as a processor. The data processing agreement in Annex 1 applies for this purpose and becomes part of the contract upon conclusion of the contract.
10. Data upon Termination of the Contract
10.1 During the term of the contract, the Customer can retrieve its data (for example queue histories and statistics) as a CSV file via the service's export function, insofar as this is available in its plan. The Customer must back up its data itself before deleting its account.
10.2 If the Customer cancels a paid plan, its account is downgraded to the free plan at the end of the paid period. Its data is retained. Queues that exceed the limits of the free plan are deactivated, but not deleted. They are available again after a renewed upgrade.
10.3 If the Customer deletes its account, the account is first marked as deleted and its queues are deactivated. An existing paid subscription is cancelled at the end of the current billing period (section 5.4). The Customer can restore the account within 30 days. The names of guests in the history data are anonymised upon deletion and are no longer available after a restoration. After the 30 days have expired, the Customer's data is deleted, unless statutory retention obligations prevent this.
10.4 The Operator retains invoice and billing data for as long as tax and commercial law require (currently up to ten years). This data is blocked for other purposes.
11. Liability
11.1 The Operator is liable without limitation in cases of intent and gross negligence, for injury to life, body or health, under the Product Liability Act (Produkthaftungsgesetz), and insofar as it has assumed a guarantee.
11.2 In cases of simple negligence, the Operator is liable only for the breach of an essential contractual obligation (an obligation whose fulfilment is a prerequisite for the proper performance of the contract and on whose observance the Customer may regularly rely). Liability is then limited to the foreseeable damage typical for this type of contract at the time the contract was concluded, at most to twelve times the Customer's monthly fee, and in the case of several instances of damage in total per contract year.
11.3 In the free plan, the Operator is liable only in cases of intent and gross negligence and in the cases of Section 11.1.
11.4 The Operator is not liable for the loss of a queue position or waiting time, for inaccurate waiting time estimates, or for the conduct of guests or other users, to the extent permitted by law. Waiting time estimates are non-binding forecasts.
11.5 Liability for data loss is limited to the typical restoration effort that would have arisen had the Customer made regular backups appropriate to the risk (Section 10.1).
11.6 The limitations of liability also apply in favour of the Operator's employees and vicarious agents.
12. Changes to these AGB
The Operator may amend these AGB with effect for the future if this is necessary for objective reasons, for example due to changes in the law or new features. It notifies the Customer of the change in text form at least four weeks before it takes effect. If the Customer does not object within this period, the change is deemed accepted; the Operator points this out in the notification. If the Customer objects, either party may terminate the contract as of the time the change would take effect. Changes to the main performance obligations and to the price are only possible in accordance with Section 4.4 or with the Customer's consent.
13. Final Provisions
13.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
13.2 The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Magdeburg, insofar as the Customer is a merchant, a legal entity under public law or a special fund under public law. The Operator may also sue the Customer at its general place of jurisdiction.
13.3 Should individual provisions of these AGB be or become invalid, the validity of the remaining provisions remains unaffected. The statutory provision replaces the invalid provision.
13.4 The Operator may send notifications in text form to the Customer's e-mail address stored in the account.
Annex 1: Data Processing Agreement (Art. 28 GDPR)
1. Subject matter and duration. The Operator (processor) processes personal data of guests in the Customer's queues for the Customer (controller), insofar as this is necessary to provide the service under these AGB. The agreement applies for the duration of the contract and, for as long as the Operator still processes data for the Customer, beyond that.
2. Nature and purpose. Storage, display and transmission of waiting data to the Customer and its guests, notification of guests, creation of statistics for the Customer, deletion and anonymisation.
3. Type of data. Display name or nickname chosen by the guest, ticket number and position, timestamps (joining, call, completion), identifier assigned by the Customer (optional), technical access identifier of the guest, and, at the guest's request, a push subscription of their browser.
4. Categories of data subjects. Guests who join a queue of the Customer.
5. Instructions. The Operator processes the data only on documented instructions from the Customer. The functions of the service and these AGB count as instructions. If the Operator considers an instruction to be unlawful, it will inform the Customer accordingly.
6. Confidentiality. The Operator obliges the persons involved in the processing to maintain confidentiality.
7. Technical and organisational measures (Art. 32 GDPR). The Operator implements at least the following measures and adapts them to the state of the art:
- encrypted transmission (TLS) between browser and service,
- encryption of stored data through the standard features of the cloud platform,
- sign-in of customers via an established identity service (Microsoft Entra External ID); access by guests only with a secret access key,
- separation of the data of different customers through access checks in the application,
- storage of secrets (keys, passwords) in a protected key vault,
- automatic deletion of abandoned queue entries after 48 hours,
- logging and monitoring of operations, regular security reviews and updates.
8. Sub-processors. The Customer grants general authorisation for the use of sub-processors. At the time of conclusion of the contract, this is Microsoft (Microsoft Azure, data centre in the Netherlands, region West Europe) for hosting and database. The Operator informs the Customer of intended changes at least 30 days in advance; the Customer may object for good cause. The Operator contractually obliges sub-processors to at least the same level of data protection.
9. Assistance to the Customer. The Operator assists the Customer by appropriate means in responding to requests from data subjects and with the Customer's obligations under Art. 32 to 36 GDPR.
10. Notification of breaches. The Operator notifies the Customer of a personal data breach without undue delay after becoming aware of it and provides the information required for the notification.
11. Deletion and return. After the end of the contract, Section 10 of the AGB applies. The Operator deletes the Customer's data or anonymises it, unless there is a statutory retention obligation.
12. Evidence and audits. The Operator provides the Customer upon request with the information necessary to demonstrate compliance with the obligations under Art. 28 GDPR, and allows audits carried out by the Customer or an auditor commissioned by it with reasonable advance notice.
13. Responsibility. The Customer remains responsible for ensuring that the processing of guest data is lawful and that it informs its guests. Section 11 of the AGB applies to liability and order of precedence; Art. 82 GDPR remains unaffected.