Terms of Service

1. Acceptance of these terms

You accept these terms when you create an account, sign in, or use any part of the service. If you are accepting on behalf of a company, a gym, a school, a nonprofit, or any other organization, you are confirming that you have the authority to commit that organization, and “you” means both you and it.

If you do not accept these terms, do not use the service. If we have signed a separate written agreement with you, that agreement controls wherever it conflicts with this page.

2. The service

Waiver.com is a digital waiver and consent platform. You write your own waiver, release, consent, or intake document, and we give you the technology to put it in front of the people who need to sign it and to keep what they signed. That includes hosted signing pages and links, kiosk mode on your own tablets, front-desk check-in, event and session management, email notifications, PDF and CSV records, imports of your signing history, and an API with webhooks. Text messaging is included in every plan and is launching soon; until it does, notifications go by email.

We improve and change the service continuously. We will not remove a capability that is central to the plan you are paying for without telling account owners by email first. New features may be offered as part of your plan or as a separate paid add-on.

We are a technology company, not a law firm. Nothing in the product or on this site is legal advice, and we do not review, approve, or endorse the words in your waiver. Ask your own attorney whether your document does what you need it to do in the places you operate.

3. Accounts, organizations, and staff

An account belongs to an organization. One person is the account owner, and the owner can invite staff and give each of them a role that decides what they can see and do. You must be at least 18 and able to enter a contract to open an account.

Keep your account information accurate, keep credentials private, and turn on two-factor authentication for anyone who can read signed records. You are responsible for everything done under your account, including by your staff and anyone you give access to. Tell us at help@waiver.com as soon as you think an account has been used without permission.

We may decline to open an account, and we may close one, if we reasonably believe it is being used for something these terms forbid.

4. Electronic signatures and records

Your waiver language is yours.You decide what the document says, what it asks, what risks it describes, and which jurisdictions it is written for. You are responsible for its content, its accuracy, and whether it is enforceable where you operate. We provide the technology that presents it, captures the signer’s agreement, and preserves the result.

Electronic-signature consent language is part of your document, not ours.If the law where you operate — the federal ESIGN Act, your state’s UETA, or anything else — requires that a signer be told they are signing electronically, be given the option to sign another way, or receive any other disclosure, it is your responsibility to include that language in your waiver text. We do not add it for you and we do not check that it is there.

A completed record keeps, at a minimum:

• the exact text of the document as it was shown to that signer, including the version and revision date;
• every answer the signer gave and the signature they drew or typed;
• the date and time of signing, to the second, in UTC;
• the IP address the signature was submitted from.

Each record is written once into a hash-chained log, so any later alteration of a stored record can be detected. We do not edit signed records, and neither can you: a correction is made by signing a fresh record, and the original stays exactly as it was, though it can be voided with a reason. You can view, search, and export your records as PDF or CSV for as long as your subscription is active, and we make them available to you on request afterwards for the period described in the Privacy Policy.

We do not decide whether a signature or a document is legally valid. That is for a court, an insurer, or a regulator, and it depends far more on what your document says than on how it was signed.

5. Minors and guardians

A person under the age of majority cannot sign for themselves. When a minor participates, the platform is built so that a parent or legal guardian signs one form that covers themselves and the minors in their party, and attests in that form that they are the parent or legal guardian and have authority to sign for each minor named.

It is up to you to configure your forms to ask for that attestation and to verify, at your front desk and by your own procedures, that the adult in front of you is who they say they are. We cannot confirm a guardian relationship, a custody order, or an age, and we do not try to.

The dashboard is not for children. See section 12 of the Privacy Policyfor how we treat information about minors that arrives through a guardian’s signature.

6. Acceptable use

You agree not to use the service to:

• break any law, or collect information you have no legal right to collect;
• collect payment card numbers, government identification numbers, or full financial account details in a waiver form;
• send messages to people who have not agreed to hear from you, or to send marketing unrelated to a signing or a visit;
• upload malware, or anything that would harm a signer’s device;
• probe, scan, or try to get around any security or access control, or access another organization’s data;
• scrape the service, resell it, white-label it, or run a competing product on it without a written agreement from us;
• reverse engineer the software, except where a law says you may despite this clause;
• put a load on the service, through the API or otherwise, that degrades it for anyone else; published rate limits apply;
• impersonate another business, or misrepresent who is asking a participant to sign.

If you break these rules we may act immediately, up to and including suspension. Where a delay would not put anyone else at risk, we will tell you first and give you a chance to fix it.

7. Customer data and privacy

Your data is yours. That includes your waiver templates, your account information, and every signed record your participants complete. You give us only the licence we need to run the service for you: to host, store, transmit, back up, index, and display that data, and to process it as you instruct through the product.

We do not sell your data. We do not use your signed records to advertise, and we do not use one customer’s data to build or train models used for another customer.

For the personal information of the people who sign your forms, you are the controller (or, under United States state privacy laws, the business) and we are the processor (the service provider). You decide what is asked and why; we process it on your documented instructions. The Privacy Policy is part of these terms and describes this in full, and the sub-processor list names every vendor that can touch it.

If your forms collect protected health information and you are a covered entity or a business associate under HIPAA, we will sign a business associate agreement with you at no charge. Read it at /baa, read what it means in practice at /hipaa, and email help@waiver.com to have it countersigned. Do not put protected health information into the service before that agreement is in place.

8. Fees, trials, and cancellation

Starter is $9 a month or $90 a year and includes 200 text messages a month. Growth is $14 a month or $140 a year and includes 500. Text messages beyond the included allotment are $0.02 each and are billed in arrears. Current pricing always lives on the pricing page, and the price you see when you subscribe is the price you pay for that term.

Every plan starts with a 15-day free trial that does not ask for a card. If you do not subscribe by the end of the trial, the account stops accepting new signatures; your data is not deleted at that moment, and you can still export it or subscribe and pick up where you left off.

Subscription fees are charged in advance, in United States dollars, through our payment processor. Taxes are your responsibility and are added where we are required to collect them. Your plan renews automatically at the end of each period until you cancel.

You can cancel at any time by emailing help@waiver.com, and from your billing settings once those controls ship. Cancellation takes effect at the end of the period you have already paid for, and the service keeps working until then. We do not refund partial periods, except where the law requires it or where we have plainly failed to deliver the service.

We may change prices. Account owners get at least 30days’ notice by email before a change applies to their renewal, and you can cancel before the new price takes effect. If an invoice fails, we will retry and write to you; if it stays unpaid we may suspend the account until it is settled.

9. Text messages and email

When the service sends a text message or an email to one of your participants, you are the sender and we are the conduit. You confirm that you have the recipient’s consent to contact them at that number or address for that purpose, and that the way you obtained it satisfies the laws that apply to you, including the Telephone Consumer Protection Act and any state analogue.

Getting and keeping that consent is your obligation, and so is honoring a withdrawal of it: if someone tells you to stop, stop asking us to message them. Do not use signing invitations as a vehicle for promotions. Text messaging is not yet live; when it launches, messages sent on your behalf will identify your business and carry opt-out instructions.

Carriers and mailbox providers, not us, decide whether a message is delivered. We cannot guarantee delivery, delivery time, or that a message will not be filtered.

10. Intellectual property

We own the service: the software, the interface, the designs, the documentation, the name, and the marks. While your subscription is active you have a limited, non-exclusive, non-transferable, revocable right to use it for your own business. Nothing else transfers.

You own your waiver text, your logo and branding, and your records. You give us permission to display your name and logo inside the product where it is needed to run a signing page for you.

If you send us an idea, a bug report, or a suggestion, we may use it to improve the service without owing you anything for it. You may say publicly that you use Waiver.com; ask us before using our logo in your own marketing.

11. Third-party services

We rely on a small set of vendors to run the service — hosting, DNS, email delivery, SMS delivery, and payments. They are named on the sub-processor page, and each is bound to protect the data it handles.

If you connect the service to a system of your own through our API or a webhook, what happens on the other side is governed by your agreement with that provider, not by this one, and we are not responsible for it.

12. Warranties and disclaimers

We will provide the service with reasonable skill and care, and we will not knowingly introduce malicious code into it.

Beyond that, and to the fullest extent the law allows, the service is provided as is and as available, and we disclaim all other warranties, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, title, and non-infringement.

We specifically do not warrant that:

• the service will be uninterrupted, timely, or free of errors;
• a waiver you write, or a signature we capture, will be held valid or enforceable by any court, insurer, or regulator;
• the service satisfies any particular legal or regulatory obligation of yours.

13. Limitation of liability

To the fullest extent permitted by law, neither party is liable to the other for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost goodwill, or the cost of substitute services, even if it was told such damages were possible.

To the fullest extent permitted by law, our total liability for all claims arising out of or relating to these terms or the service, taken together, will not exceed the greater of (a) the fees you paid us in the twelve months before the event that gave rise to the first such claim, or (b) one hundred United States dollars.

These limits do not apply to a party’s fraud, gross negligence, or willful misconduct, to your obligation to pay fees, or to anything that cannot be limited under applicable law. You and we both agree that the fees for the service are set on the understanding that this section applies.

14. Indemnity

You will defend us against any third-party claim arising from the content of your waiver documents, your use of the service, the messages you send through it, your breach of these terms or of any law, or a dispute between you and one of your participants — and you will pay the damages and costs finally awarded, or agreed in a settlement you approve.

We will defend you against any third-party claim that the service itself, used as we intended, infringes a United States patent, copyright, or trademark, and we will pay the damages and costs finally awarded on that claim. If such a claim is made we may modify the service, obtain a licence, or, as a last resort, end your subscription and refund the unused portion of what you have paid.

In each case the party seeking indemnity must give prompt notice, let the other party control the defense, and cooperate reasonably. No settlement that admits fault or imposes an obligation on the other party can be made without that party’s consent.

15. Suspension and termination

You can cancel at any time, for any reason, as described in section 8.

We may suspend an account for non-payment, for a security risk, or for a serious breach of section 6. Except where a delay would put data or another customer at risk, we will tell you first and give you a reasonable chance to fix the problem. Either of us may terminate for a material breach that stays uncured 30 days after written notice of it.

When a subscription ends, your access to the dashboard ends with it. Export what you need before that day. We keep signed records afterwards under the retention rules in the Privacy Policy — 7 years by default, adjustable on request — and we will provide a copy, or delete them, if you ask us at help@waiver.com and no law or agreement requires us to keep them. The sections of these terms that by their nature should survive termination do survive it.

16. Changes to these terms

We may update these terms as the product and the law change. When a change materially affects your rights, we will email account owners and change the date at the top of this page at least 30 days before it takes effect. Using the service after that date means you accept the new version; if you do not, cancel before it starts. Everything else — a typo, a clarification, a new contact address — takes effect when it is posted.

17. Governing law and disputes

These terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Before filing anything, write to help@waiver.com describing the dispute, and give us 30 days to work it out with you. Most things end there.

If they do not, the state and federal courts sitting in Harris County, Texas have exclusive jurisdiction, and both of us consent to venue and personal jurisdiction there. Each of us brings claims only in an individual capacity, and not as a plaintiff or class member in any class or representative proceeding. Either of us may still seek an injunction from any court of competent jurisdiction to protect intellectual property or confidential information.

18. General

These terms, together with the Privacy Policy, any business associate agreement we have countersigned, and any order form we have both signed, are the entire agreement between us about the service, and they replace anything said before.

If a court finds a provision unenforceable, the rest stays in force and that provision is narrowed to the smallest change that makes it enforceable. Not enforcing a right once does not waive it. You may not assign this agreement without our written consent; we may assign it to a successor in a merger, an acquisition, or a sale of substantially all our assets. Neither of us is liable for a failure caused by something genuinely beyond our reasonable control. We are independent contractors, not partners or agents, and this agreement creates no rights for anyone other than you and us.

Notices to you go to the account owner’s email address. Notices to us go to help@waiver.com and to the address in section 19.

19. Contact

Questions about these terms, or about anything on this page, go to a person who works on the product: