These Terms of Service ("Terms") govern your access to and use of the SiteCheckin website and application (the "Service"). The Service is operated by TriStar Apps, LLC ("TriStar Apps", "we", "us", "our"), the company behind the SiteCheckin and CrestVisor services. By creating an account or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.
In these Terms, the "TriStar Parties" means TriStar Apps, LLC, its SiteCheckin and CrestVisor services, and their respective affiliates, owners, officers, directors, employees, contractors, and agents.
The Service
SiteCheckin lets service businesses offer online check-in and manage a live queue of visits. Features, functionality, and availability may change, be added, or be removed as we develop and improve the Service.
Accounts
- You must be at least 18 years old and able to form a binding contract, and you must provide accurate and complete information and keep it current.
- You are responsible for all activity under your account and for keeping your credentials secure. Notify us promptly of any unauthorized use.
- You are responsible for your staff's use of the Service and for the accounts you create for them.
Your customers' data & your responsibilities
If you use the Service to collect check-in information from your customers, you are the controller of that data and, for that data, SiteCheckin acts as a processor on your behalf. You represent and warrant that you are responsible for, and will comply with, all of the following:
- Providing appropriate notice to your customers and having a lawful basis to collect, use, and share their information through the Service;
- Obtaining valid, provable consent before sending marketing or SMS messages, and promptly honoring opt-outs; and
- Complying with all applicable laws and requirements, including the TCPA, CAN-SPAM, carrier A2P/10DLC rules, and applicable privacy laws.
You will not upload unlawful content, infringe anyone's rights, or use the Service to send unsolicited or unlawful messages. You are solely responsible for the content and data you and your staff submit.
License you grant us; how we may use data
So that we can run and improve the Service, you grant TriStar Apps a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, display, and transmit the content and data you and your customers submit through the Service, for the following purposes:
- To operate, secure, maintain, support, and provide the Service to you and your customers;
- To monitor, analyze, and improve and develop the Service and our other products and services, including troubleshooting, analytics, and building new features; and
- To create aggregated and de-identified data — data that does not identify you, your business, or any individual — which we may use and retain for any lawful purpose, including analytics, benchmarking, research, reporting, and developing and offering products and services. We will not attempt to re-identify de-identified data, and this right survives termination.
You authorize us to carry out the activities above with respect to your customers' check-in data as part of the processing you instruct by using the Service. If you provide feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free right to use them without restriction or obligation to you.
Our intellectual property
The Service, including its software, design, and content (excluding data you submit), is owned by TriStar Apps and its licensors and is protected by law. We grant you a limited, revocable, non-transferable, non-exclusive right to use the Service in accordance with these Terms. All rights not expressly granted are reserved.
Acceptable use
You agree not to misuse the Service — including attempting to disrupt or overload it, access it or its data without authorization, probe or test its security, reverse engineer or copy it, resell it without our consent, or use it to violate any law or the rights of others.
Third-party services
The Service relies on third parties (for example, cloud hosting and email delivery, and Google sign-in if you use it). Your use of those features may also be subject to the third party's terms, and we are not responsible for third-party services.
Fees
Some features may be offered free of charge and others for a fee. If paid plans apply to your account, the applicable pricing and payment terms will be presented to you before you incur any charge. We may change pricing on a going-forward basis with notice. Except where required by law, fees are non-refundable.
Availability & "as is"
We work to keep the Service reliable, but it is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising from course of dealing or usage of trade. The TriStar Parties do not warrant that the Service will be uninterrupted, timely, secure, or error-free, or that data will not be lost. Checking in reserves a place in a queue but does not guarantee a wait time, availability, or service; businesses manage their own queues.
Limitation of liability
To the maximum extent permitted by law, the TriStar Parties will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business, arising out of or relating to the Service or these Terms, under any theory of liability, even if advised of the possibility of such damages. To the maximum extent permitted by law, the TriStar Parties' total aggregate liability for all claims relating to the Service will not exceed the greater of (a) the total amounts you paid us for the Service in the twelve months before the event giving rise to the claim, or (b) US $100. Some jurisdictions do not allow certain limitations, so parts of the above may not apply to you.
Indemnification
You will defend, indemnify, and hold harmless the TriStar Parties from and against any claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) the content and data you or your staff or customers submit; (c) your collection, use, sharing, or messaging of your customers' data, including consent, TCPA, and A2P/10DLC compliance; (d) your violation of these Terms or any law; or (e) your infringement of any third party's rights. We may assume the exclusive defense of any matter subject to indemnification, and you will cooperate with us.
Dispute resolution — arbitration & class-action waiver
Please read this section carefully — it affects your legal rights. Except for claims that qualify for small-claims court and claims to protect intellectual property, you and TriStar Apps agree that any dispute relating to the Service or these Terms will be resolved by binding individual arbitration administered under the rules of a recognized arbitration provider, seated in Virginia, rather than in court. You and TriStar Apps waive any right to a jury trial and to participate in a class, collective, or representative action; disputes will be brought only in an individual capacity. You may opt out of this arbitration agreement by emailing hello@crestvisor.com within 30 days of first accepting these Terms; opting out will not affect any other part of these Terms.
Termination
You may stop using the Service at any time. We may suspend or terminate your access at any time if you violate these Terms, if we reasonably believe it is necessary to protect the Service or others, or for any other lawful reason. On termination, your right to use the Service ends. Sections that by their nature should survive — including the license and data rights above, disclaimers, limitation of liability, indemnification, dispute resolution, and these general provisions — will survive.
Changes to these Terms
We may update these Terms from time to time. Material changes will be reflected by the "Last updated" date above and, where appropriate, additional notice. Your continued use of the Service after changes take effect constitutes acceptance.
Governing law
These Terms are governed by the laws of the Commonwealth of Virginia, USA, without regard to its conflict of laws rules. Subject to the arbitration section above, the state and federal courts located in Virginia will have exclusive jurisdiction over any disputes, and you consent to their jurisdiction, except where prohibited by applicable law.
General
These Terms, together with the Privacy Policy, are the entire agreement between you and TriStar Apps regarding the Service and supersede any prior agreements. If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them, including to an affiliate or in connection with a merger, acquisition, or sale of assets. Neither party is liable for delays or failures caused by events beyond its reasonable control. Notices to you may be given through the Service or by email.
Contact us
Questions about these Terms? Email hello@crestvisor.com. SiteCheckin is a service of TriStar Apps, LLC.