Merchant Services Agreement

This Merchant Services Agreement (“Agreement”) is between Lineably LLC, a Connecticut limited liability company doing business as Pull Up Q (“Pull Up Q,” “we,” “us”), and the business that registers for or uses the Service (“you,” “Merchant”). By checking the authorization box and typing your name at signup, or by using the Service, you agree to this Agreement on behalf of your business, and you represent that you are authorized to do so.

1. The service

Pull Up Q provides a hosted, text-message-based platform for managing customer flow — including a virtual waitlist, appointment booking and reminders, restaurant dine-in waitlisting, text-message ordering for pickup, two-way messaging, and an optional missed-call rescue add-on (together, the “Service”). We grant you a non-exclusive, non-transferable right to use the Service for your own business during the term. We may update, add, or remove features over time.

2. Fees, billing & payment authorization

3. Text messaging & authorization

You appoint Pull Up Q and its messaging provider (Twilio) as your agent to send transactional text messages to your customers on your behalf through the Service — including waitlist updates, appointment confirmations and reminders, table-ready and order/pickup notifications, running-late and review requests, and missed-call rescue replies. Messages are sent from Pull Up Q’s registered messaging number and identify Pull Up Q as the sender, with your business named as the location the customer is visiting.

You represent and warrant that you have the right to enroll your business, that the contact information you provide is accurate, and that you will use the Service only for lawful, transactional communications consistent with the customer’s relationship with your business. Customer consent to receive texts is captured by the Service (for example, a customer texting your join or order keyword is their opt-in), and we honor STOP/HELP on your behalf. You will not use the Service to send marketing or promotional messages except through a feature we designate for that purpose, and you will comply with all applicable laws, including the TCPA and CTIA messaging principles.

4. Merchant obligations

5. Term, cancellation & refunds

This Agreement is month-to-month. You may cancel at any time from your dashboard or by contacting support@pullupq.com; cancellation takes effect at the end of the current billing period. Monthly plan fees already paid for the current period are non-refundable, and usage-based fees (per-order and missed-call rescue) already incurred remain due and will be billed for the period in which they were incurred. We may suspend or terminate the Service for non-payment or breach of this Agreement.

6. Customer data & privacy

You own your customer data. We process it to provide the Service and use sub-processors including Twilio (messaging/voice), Supabase (hosting/database), and Stripe (payments). We do not sell customer contact information. Our handling of customer data is described in our Privacy Policy and SMS Terms. You are responsible for your own customer-facing privacy notices where required.

7. Intellectual property

We own the Service and all related software, and retain all rights not expressly granted. You own your business content and customer data, and you grant us the limited right to use that content and data as needed to operate the Service for you.

8. Disclaimers

The Service is provided “as is” and “as available.” We do not warrant that it will be uninterrupted or error-free, or that every message or call will be delivered — messaging and telecom delivery depends on carriers and third parties outside our control. To the maximum extent permitted by law, we disclaim all implied warranties, including merchantability and fitness for a particular purpose.

9. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or revenue. Our total liability arising out of or relating to this Agreement will not exceed the amount you paid us for the Service in the three (3) months before the event giving rise to the claim.

10. Indemnification

You will defend and indemnify Lineably LLC against claims arising from your use of the Service, your content, your customer communications, or your breach of this Agreement or of applicable law (including messaging laws). We will defend and indemnify you against third-party claims that the Service itself, as provided by us, infringes their intellectual property rights.

11. Governing law

This Agreement is governed by the laws of the State of Connecticut, without regard to its conflict-of-laws rules. The state and federal courts located in Connecticut have exclusive jurisdiction over disputes, and each party consents to that jurisdiction and venue.

12. Changes to this agreement

We may update this Agreement. If we make a material change, we will post the updated version with a new version number and, where practical, notify you. Continued use of the Service after a change takes effect is acceptance of the updated Agreement.

13. Miscellaneous

This Agreement, together with the referenced Terms, Privacy Policy, and SMS Terms, is the entire agreement between the parties on this subject. You may not assign it without our consent; we may assign it in connection with a merger or sale. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You consent to receive this Agreement and related notices electronically, and your typed name at signup is your electronic signature.

Contact

Lineably LLC (d/b/a Pull Up Q) — support@pullupq.com