Legal

Terms of Service

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Welcome to CoverCount. Please read these Terms of Service (“Terms”) carefully before using the CoverCount website, applications, APIs, hosted booking pages, embeddable widgets, or related services (collectively, the “Service”). The Service is operated by CloudScope (“CoverCount”, “we”, “us”, or “our”). By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

0. Definitions

  • “Service” means the CoverCount platform: websites, applications, APIs, software, hosted booking pages, embeddable widgets, native applications, and related services.
  • “Venue” means a hospitality business (restaurant, winery, tasting room, or similar) that subscribes to CoverCount.
  • “Guest” means a person who books a reservation, joins a waitlist, registers for an event, or otherwise interacts with a Venue through the Service.
  • “User”, “you”, “your” means the person or entity accessing or using the Service, whether as a Venue, a Venue’s staff member, or a Guest.
  • “Content” means any text, images, data, code, or materials submitted, uploaded, posted, or otherwise made available through the Service.
  • “Subscription” means a paid plan that a Venue has selected (Starter, Growth, Venue+, or a custom plan).

1. Overview

This section highlights key points; the full Terms apply in all cases.

  • Your use of the Service is subject to these Terms, our Privacy Policy, and applicable laws.
  • Content you submit must not infringe laws or third-party rights.
  • By using the Service, you consent to receive necessary email and in-Service communications. SMS consent is separate and voluntary.
  • Venues are responsible for the accuracy of the information they collect from Guests, the messages they send, and the policies they communicate to their Guests through the Service.

2. Communications

By creating an account, you may receive emails related to your use of the Service.

  • Transactional emails (account notices, password resets, billing receipts, reservation confirmations) are required to deliver the Service.
  • Marketing emails from CoverCount can be unsubscribed from at any time via the link in the message.

We process personal data per our Privacy Policy and applicable law.

3. SMS Messaging Terms

CoverCount operates SMS messaging on behalf of Venues for transactional messages tied to reservations, waitlist activity, events, deposits, refunds, and post-visit ratings. Messages are sent under the CoverCount brand registration with U.S. mobile carriers (A2P 10DLC) and are delivered to Guests who provide their mobile number and consent to receive SMS through a Venue’s booking flow, waitlist signup, or event registration.

  • Consent is voluntary. SMS consent is not a condition of making a reservation, joining a waitlist, registering for an event, or using the Service. SMS consent is captured separately at the point of collection.
  • Use cases. SMS may include reservation confirmations and reminders, waitlist position alerts and table-ready notifications, event registration confirmations, deposit and ticket receipts, refund notices, and post-visit ratings requests. Marketing SMS is sent only when a Guest separately opts in to a Venue’s marketing program.
  • Message frequency varies. Frequency depends on the Guest’s reservation activity at the Venue and the messaging features the Venue has enabled.
  • Message and data rates may apply. Charges are determined by the Guest’s mobile carrier and plan.
  • Opt out: Reply STOP to any SMS message to opt out. After opting out, we may send one final confirmation message and then stop sending SMS unless you opt in again.
  • Help: Reply HELP for help or contact support@covercount.io.
  • Carrier notice: Carriers are not liable for delayed or undelivered messages.
  • Privacy: Our handling of mobile numbers, SMS opt-in data, and messaging consent is described in our Privacy Policy, including the non-sharing protections for mobile information.

4. Subscriptions, Trial Period, and Billing (Venues)

  • Free trial. New Venues receive a 21-day free trial. No credit card is required to start; if you do not subscribe by the end of the trial, your account becomes read-only and your data is preserved subject to Section 11 (Suspension and Termination).
  • Subscriptions. Plans renew automatically at the cadence selected (monthly or annual prepay).
  • Cancellation. You may cancel renewal at any time through your account, self-serve. Cancellation stops your next renewal; you retain access through the end of your current paid period.
  • Renewal pricing. Your plan renews at the price you signed up at. We will not change your renewal price without prior written notice with reasonable time to evaluate.
  • Refunds. Subscription charges are non-refundable except as required by law. Mid-cycle plan changes (upgrades or downgrades) are prorated.
  • Payment processing. Subscription payments are handled by trusted third-party processors. Deposit and ticket-sale payments collected by a Venue through the Service are processed by the Venue’s own connected payment processor (e.g., Stripe Connect); those funds settle directly to the Venue, and CoverCount does not take a percentage of Venue prepayments or ticket sales.
  • We may refuse or cancel orders in cases of suspected fraud or unauthorized use.

5. Venue Responsibilities

If you are a Venue, you are responsible for:

  • Maintaining a publicly accessible privacy policy and (where applicable) terms of service for your own website and your interactions with your Guests.
  • Collecting valid consent from Guests where required by applicable law, including SMS consent in the booking, waitlist, and event-registration flows the Service provides.
  • The content of the messages and communications you choose to send to your Guests through the Service, including marketing messages, message templates, and message frequency.
  • The accuracy of your floor plan, service schedule, deposit and cancellation policies, and other configuration that affects what Guests see and are charged.
  • Honoring deposit, cancellation, refund, and event-ticket policies you publish to your Guests through the Service.
  • Compliance with applicable food, beverage, alcohol, ticketing, tax, accessibility, employment, and consumer-protection laws.

6. Content

You retain ownership of your Content (including reservation data, Guest records, floor plans, message templates, and branding assets) and grant CoverCount a non-exclusive, worldwide, royalty-free license to host, display, and distribute it solely to operate and improve the Service.

  • Prohibited content: unlawful, defamatory, obscene, or infringing material.
  • AI-generated content: you represent it complies with these Terms and third-party rights.
  • Moderation: we may remove or restrict Content at our discretion.

7. Accounts

  • You must be at least 18 years old and provide accurate information.
  • You are responsible for safeguarding your credentials and for activity under your account.
  • Notify us immediately of any suspected unauthorized access.
  • Venues are responsible for ensuring that staff accounts are used appropriately and revoked promptly when staff leave.

8. Service Availability

We aim to provide reliable Service but do not guarantee uninterrupted or error-free operation. Planned maintenance and unplanned outages may occur. Any uptime targets or credits are described in a separate service-specific SLA (if applicable); otherwise, no SLA applies.

9. Intellectual Property

The Service, including software, visual interfaces, logos, the CoverCount name, and content provided by CoverCount, is owned by or licensed to CoverCount and protected by law.

  • Do not copy, modify, reverse engineer, or distribute our materials except as expressly permitted.
  • Venue logos, brand assets, and other Venue-owned materials remain the Venue’s property; the Service’s license to use them is limited to operating the Service for that Venue.

10. Prohibited Uses

You agree not to, and not to allow others to:

  • Access or use the Service in violation of law, export controls, or sanctions.
  • Infringe intellectual-property or privacy rights; upload malware, spyware, or other harmful code.
  • Attempt to bypass security or rate limits; probe, scan, or test vulnerability without written permission.
  • Scrape, harvest, or index the Service except through documented, permitted APIs.
  • Interfere with Service operation (e.g., denial-of-service attacks, abusive traffic, resource exhaustion).
  • Send unsolicited or deceptive messages to Guests through the Service; collect SMS consent through misleading or pre-checked-default mechanisms; or otherwise misuse the messaging features.
  • Misrepresent identity, affiliation, or the nature of your business.

11. Suspension and Termination

We may suspend or terminate access if you violate these Terms or pose a risk to the Service or others. After termination, we may retain or delete data in accordance with our Privacy Policy and applicable law. Venues whose subscriptions are cancelled or terminated have a 90-day window to export their data before archival.

12. API Terms

If you access or use CoverCount APIs (available on the Venue+ plan), the following additional terms apply:

  • API Keys: Access requires valid authentication credentials. You are responsible for keeping your keys confidential and secure.
  • Rate Limits: CoverCount may set or adjust rate limits, quotas, or usage thresholds at any time, with or without notice.
  • Permitted Use: APIs may only be used to build applications that comply with these Terms and applicable law.
  • No Sharing: You may not share, resell, or sublicense API access to third parties without our prior written consent.
  • Monitoring: CoverCount may monitor API usage to ensure compliance, security, and Service integrity.

13. Third-Party Links and Integrations

The Service may link to third-party sites and offer optional integrations a Venue can enable (for example, point-of-sale or wine-club integrations). We are not responsible for third-party content, services, or practices; review their terms and privacy policies.

14. Dispute Resolution

  • Arbitration. Except where prohibited, disputes will be resolved by binding arbitration administered by the American Arbitration Association, and not in court by a judge or jury.
  • Class-action waiver. You agree to bring claims only on an individual basis, not as a class or representative action.
  • Arbitration opt-out. You may opt out within 30 days of creating your account by emailing legal@covercount.io with your account email and a statement that you opt out of arbitration.

15. Disclaimers and Limitation of Liability

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” COVERCOUNT DISCLAIMS ALL WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW.

  • To the fullest extent permitted, CoverCount will not be liable for indirect, incidental, special, consequential, or punitive damages.
  • Our total liability for any claim related to the Service will not exceed the amounts you paid to CoverCount for the Service in the 12 months preceding the claim.

16. Changes to These Terms

We may update these Terms from time to time. If a change is material, we will provide reasonable advance notice (for example, by email or in-app notice). Continued use after the effective date constitutes acceptance.

17. Governing Law

These Terms are governed by the laws of the State of California, U.S.A., without regard to conflict-of-law principles.

18. Contact Us