These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and the developer of NextUp! ("Developer," "we," "us," or "our"). By downloading, installing, accessing, or using the NextUp! mobile application or associated web services (collectively, the "Service"), you agree to be bound by these Terms and our Privacy Policy.
If you do not agree to these Terms, you must not access or use the Service.
We reserve the right to modify these Terms at any time, at our sole discretion, without prior notice. Changes become effective immediately upon posting. Your continued use of the Service after any modification constitutes acceptance of the revised Terms. It is your responsibility to review these Terms periodically.
NextUp! is a digital queue management platform. The Service allows merchants ("Merchants") to create and manage customer queues via a mobile application, and allows customers ("Customers") to join queues via a web-based interface using QR codes or direct links. The Service includes real-time queue position updates, push notifications, and related features.
You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this agreement.
If you create a Merchant account, you are responsible for maintaining the confidentiality of your account credentials, including any access tokens. You are fully responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
We reserve the right to withdraw, amend, suspend, or discontinue any aspect of the Service at any time without notice or liability.
The Service and its entire contents, features, and functionality — including but not limited to all information, software, code, text, displays, graphics, icons, images, audio, video, and the design, selection, and arrangement thereof — are owned by the Developer, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Service except as incidental to normal use.
The name "NextUp!" and "¡Siguiente!", and all related names, logos, product and service names, designs, and slogans are trademarks of the Developer. You must not use such marks without the prior written permission of the Developer. All other names, logos, product and service names, designs, and slogans appearing on the Service are the trademarks of their respective owners.
You agree not to use the Service:
The information presented through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
The Service does not provide, and nothing in the Service constitutes, financial, legal, medical, or other professional advice. You should not rely on the Service as a substitute for professional advice appropriate to your circumstances.
We may update the content and features of the Service from time to time, but the Service is not necessarily complete or up-to-date. Any of the material on the Service may be out of date at any given time, and we are under no obligation to update such material.
The Service offers both free and paid features. Paid features are available through subscriptions and one-time in-app purchases, processed through Apple App Store, Google Play Store, or other authorized payment platforms.
We reserve the right to modify subscription fees and pricing at any time. Changes to subscription pricing will take effect at the start of the next billing cycle following notice of the price change. Your continued use of paid features after a price change constitutes acceptance of the new pricing.
All purchases are subject to the refund policies of the applicable platform (Apple App Store or Google Play Store). We do not process payments directly and have no control over platform-level refund decisions.
Merchants may create queue configurations, custom fields, business names, and other content through the Service ("Merchant Content"). By creating Merchant Content, you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, display, and transmit such content solely as necessary to provide the Service.
You are solely responsible for your Merchant Content. We do not endorse, verify, or assume any liability for Merchant Content. We reserve the right to remove any Merchant Content that violates these Terms without notice.
Customers may provide personal information (such as name, phone number, and other data requested by Merchants) when joining a queue. Merchants acknowledge and agree that they are responsible for the lawful collection and use of Customer data through the Service, including obtaining any necessary consents. The Developer acts as a data processor on behalf of Merchants with respect to Customer data.
You may provide the Developer with feedback, suggestions, improvements, ideas, or error reports regarding the Service ("Feedback"). By submitting Feedback, you grant the Developer an exclusive, royalty-free, fully paid, perpetual, irrevocable, worldwide, transferable, and sublicensable right and license to use, reproduce, modify, create derivative works from, distribute, and otherwise exploit the Feedback for any purpose without restriction or obligation to you.
The Developer is based in Costa Rica. We make no claims that the Service or any of its content is accessible or appropriate outside of any particular jurisdiction. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside of our primary jurisdiction, you do so on your own initiative and are responsible for compliance with local laws.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE DEVELOPER, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
IN NO EVENT SHALL THE DEVELOPER'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE EXCEED THE TOTAL AMOUNT PAID BY YOU TO THE DEVELOPER IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR TEN US DOLLARS ($10.00), WHICHEVER IS GREATER.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE DEVELOPER NOR ANY PERSON ASSOCIATED WITH THE DEVELOPER MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE.
THE DEVELOPER HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
You agree to defend, indemnify, and hold harmless the Developer, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service.
The Developer shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemic, government actions, power failures, internet or telecommunications failures, or any other force majeure event.
We may terminate or suspend your access to all or part of the Service, at any time, for any reason or no reason, with or without notice, and without liability. Upon termination, your right to use the Service will immediately cease.
All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
No waiver by the Developer of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of the Developer to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms will continue in full force and effect.
These Terms shall be governed by and construed in accordance with the laws of the Republic of Costa Rica, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in Costa Rica, and you hereby consent to the personal jurisdiction and venue of such courts.
These Terms, together with the Privacy Policy, constitute the sole and entire agreement between you and the Developer regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.
If you have any questions about these Terms, please contact us at: