Queue Management Product Terms (the ​“Product Terms”)

Last Updated: December 14th, 2020

1. PURPOSE

Pursuant to an applicable Quote, these Product Terms are governed by and form a part of the terms of the Agreement as defined in the iQmetrix Master Services Agreement, located at www.iqmetrix.com/legal/general/msa, as it exists at the time of Subscriber’s execution of the applicable Quote.

Any undefined capitalized terms used in these Product Terms will have the meanings ascribed to them in the Agreement. In the event of any direct conflict or inconsistency between the terms of these Product Terms and the terms of the Agreement, the terms of the Agreement will control.

“Queue Management” is a Service allow Subscriber to manage a virtual queue through an automated text system. The Quote sets out the current general Fees and descriptions for Queue Management.

2. Data Security and Privacy

Subscriber acknowledges and agrees that Queue Management provides functionality that enables Subscriber to interact with its End-Users via a text messaging application for the purposes of virtual queue management at its physical Locations. Each interaction between Subscriber and an End-User is strictly between Subscriber and the End-User. As such, Subscriber will ensure that:

  1. it has its own terms of use and privacy policy that apply to its interactions with End-Users through Queue Management which should include provisions around contact tracing if Subscriber wishes to use End-User information in this manner (during the Term, Subscriber may physically post its terms of use and privacy policy alongside the Queue Management visual marketing materials);
  2. Subscriber complies with all applicable laws when it uses Queue Management;
  3. all marketing materials and instructions provided by iQmetrix are followed; and
  4. it uses Queue Management solely for the purpose of virtual queue management at its physical Locations and contact tracing during a pandemic if Subscriber’s own terms of use and privacy policy allow for it.

Subscriber acknowledges that iQmetrix collects, processes and discloses End-User information at the direction of Subscriber and is therefore acting as a data ​“processor” for Subscriber.

Subscriber may be given technical and policy-implemented limitations to Queue Management at a later date with at least 30 days notice. iQmetrix reserves the right to reasonably charge an overage fee or to suspend access or use of Queue Management if Subscriber violates or circumvents any such limitations.

Any Subscriber Material provided by Subscriber in respect of Queue Management is and will remain the exclusive property of Subscriber and Subscriber is solely responsible for reviewing, managing and updating Subscriber Material. Subscriber may post a privacy policy, terms of use and/​or refund policy developed by Subscriber for users of Queue Management. The posting of any such Subscriber supplied policies and all other aspects of Queue Management are provided by iQmetrix at the direction of Subscriber. Accordingly, Subscriber’s offering of Queue Management to users is entirely at Subscriber’s risk, including responsibility for compliance with applicable laws (including accessibility regulations).Subscriber acknowledges and agrees that Queue Management is intended to be used as a virtual queuing management system, it will only use Queue Management in this manner, it will only use personal information collected by or through Queue Management for these specific purposes (which may include contact tracing during a pandemic), and it will ensure that these specific purposes are provided for in Subscriber’s terms of use and privacy policy.

Notwithstanding any longer retention period in the MSA, Queue Management does not retain personally identifiable information of End-Users for longer than 60 days.

3. FEES

All Monthly Subscription Fees are due in advance on the first day of each month, based on the number of Locations from the previous month. All Fees are due within 30 days of the date they are invoiced to Subscriber (unless Subscriber has executed an ACH Authorization Agreement, in which case Fees are due as of the date of the invoice).

Subscriber may add additional Locations during the Term by providing iQmetrix with at least 10 days notice. The Monthly Queue Management Fee of any such Location is deemed to accrue as of the first day of the month the Location was added and will not be prorated.

4. SUPPORT

Notwithstanding section 10 (Service Levels) of the MSA, the SLA and Support Services Policies will not be applicable to API Services.

5. TERMINATION OF SERVICE

Subscriber may terminate API Services for any or all Locations or screens upon 90 days written notice to iQmetrix. Any launch Fees paid are non-refundable.