Terms of Service

These Terms of Service (“Terms”) govern your use of the Rally mobile application (the “App”), operated by Wait Watch LLC, doing business as Rally (“Rally,” “we,” “us,” or “our”). By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree, do not use the App.

1. The App Is Free

The Rally App is provided free of charge. There are no in-app purchases, subscriptions, or paid tiers in the App, and we do not collect payment information from you.

2. Account Registration

To use the App, you must create an account using Apple Sign-In or Google Sign-In. You are responsible for maintaining the security of your account credentials. You agree to provide accurate information and to update it as necessary. You may not create accounts for others or transfer your account.

3. Age Requirements

The App is available to users of all ages. Users under 18 are automatically placed in a restricted mode that limits access to restaurant venues only. Bar, club, and lounge content is not accessible to users under 18. By using the App, you confirm that the date of birth you provide is accurate.

4. User Conduct

You agree to use the App only for its intended purposes. You agree not to:

• Submit false, misleading, or intentionally inaccurate wait time reports
• Use the App to harass, bully, or threaten other users
• Create multiple accounts to circumvent restrictions, inflate referral rewards, or manipulate data
• Attempt to access other users’ accounts or private data
• Use automated tools, bots, or scrapers to interact with the App or its backend
• Use offensive, profane, or inappropriate usernames or display names
• Upload images that are illegal, offensive, or infringe on the rights of others
• Interfere with the operation, security, or performance of the App

We reserve the right to suspend or terminate accounts that violate these Terms without prior notice.

5. Wait Time Reports

Wait time reports are crowdsourced from users and are estimates only. Rally does not guarantee the accuracy of any reported wait time. Reports are subject to geofence verification (you must be within a short distance of a venue to report), cooldown periods (one report per venue per user within a rolling window), and outlier detection. Reports that significantly deviate from consensus may be flagged and excluded from displayed averages. Repeated submission of inaccurate reports may result in reduced visibility of your future reports or account suspension.

6. Referrals and Friend Slots

The App includes a referral system. When someone you invite signs up, your account is granted additional friend-connection capacity. We reserve the right to void referral rewards obtained through fraudulent means, including self-referral, multi-account abuse, or automated click generation.

7. User-Generated Content

By submitting content to the App (including wait time reports, venue suggestions, location corrections, avatars, venue images, messages, and usernames), you grant Rally a non-exclusive, worldwide, royalty-free license to use, display, and distribute that content within the App for the purpose of operating the service. If you choose to share a photo with a venue, you additionally grant that venue a non-exclusive, worldwide, royalty-free license to use, reproduce, and display that photo in its own external marketing (including social media, paid advertising, and in-venue displays). You represent that you have the right to submit any content you provide and that it does not infringe any third party’s rights.

8. Objectionable Content; Zero Tolerance

Rally has zero tolerance for objectionable content and abusive behavior. Content or conduct that is defamatory, obscene, pornographic, threatening, harassing, hateful, or otherwise objectionable is strictly prohibited and is not tolerated under any circumstances. All uploaded images and posted text are screened through automated content moderation (see our Privacy Policy) before being shown to other users, and we review user reports of objectionable content or abusive users submitted through the App’s report and block tools. Users who post objectionable content, or who are the subject of repeated, substantiated reports of abusive behavior, will have their content removed and their account suspended or permanently terminated, at our sole discretion and without prior notice.

9. Copyright Complaints (DMCA)

We respect the intellectual property rights of others and expect users to do the same. If you believe content on the App infringes your copyright, send a written notice to masonpfitz@gmail.com that includes: (a) a description of the copyrighted work you claim has been infringed; (b) a description and location within the App of the material you claim is infringing; (c) your contact information (name, address, phone number, email); (d) a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; (e) a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf; and (f) your physical or electronic signature. Upon receiving a valid notice, we will remove or disable access to the reported content. We will terminate, in appropriate circumstances, the accounts of users who are repeat infringers.

10. Intellectual Property

The App, its design, features, code, and branding are the property of Wait Watch LLC. You may not copy, modify, distribute, or create derivative works based on the App.

11. Privacy

Your use of the App is also governed by our Privacy Policy, which describes how we collect, use, and protect your information.

12. Location Services

The App requires location access to function. Location data is used to show nearby venues, verify report submissions, and optionally share your current venue with friends. You can control location permissions through your device settings. Without location access, core features of the App will be unavailable.

13. Third-Party Services

The App may link to third-party services including map and directions providers, and external websites. We are not responsible for the content, privacy practices, or availability of third-party services.

14. Disclaimer of Warranties

The App is provided “as is” and “as available” without warranties of any kind, either express or implied. We do not warrant that the App will be uninterrupted, error-free, or free of harmful components. Wait time data is crowdsourced and we make no guarantees about its accuracy.

15. Limitation of Liability

To the maximum extent permitted by law, Wait Watch LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the App, including but not limited to reliance on wait time data, loss of data, or service interruptions.

16. Account Termination

You may delete your account at any time from the App’s settings. Account deletion permanently removes all associated data. We may also terminate or suspend accounts that violate these Terms.

17. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by updating the “Last Updated” date. Continued use of the App after changes constitutes acceptance of the revised Terms.

18. Dispute Resolution; Governing Law

These Terms are governed by the laws of the State of Florida, without regard to conflict of law provisions. Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the App shall first be attempted to be resolved through good-faith informal negotiation by contacting us at masonpfitz@gmail.com. If a dispute cannot be resolved informally within 30 days, it shall be resolved by binding arbitration administered under the rules of the American Arbitration Association, conducted in Alachua County, Florida (or remotely, or another mutually agreed location), rather than in court, except that either party may bring an individual claim in small claims court. Any arbitration, and any litigation not subject to arbitration, shall be venued exclusively in the state or federal courts located in Alachua County, Florida. You and Rally each waive any right to a jury trial or to participate in a class action.

19. Contact Us

If you have questions about these Terms, contact us:

• Email: masonpfitz@gmail.com
• Entity: Wait Watch LLC (doing business as Rally)