C'mon By

Legal

Disclaimer and Limitation of Liability

Effective October 1, 2026All legal documents

The short version

  • C'mon By is a sticker, a Wallet pass and some software that tells folks you're close. A lot of it rides on things we don't control: your phone and theirs, GPS and cell signal, Apple Wallet and Apple's push service.
  • So we can't promise that every holler lands on time, or that an ETA or location is exactly right. The Service comes “as is.”
  • We're not part of what happens at the window. The food, the sale and any promo are between a business and its customers.
  • If something goes wrong on our end, the most we'd owe is what you paid us in the 12 months before, or $100, whichever is more. We're not on the hook for lost profits or sales.
  • Some places don't allow all of these limits. Where the law says otherwise, the law wins.

This summary isn't binding; the text below is. For the rest of the deal, read the full Terms of Service.

This is word for word the Disclaimer and limitation of liability section of our Terms of Service, shown on its own so it's easy to find. It binds you as part of those Terms, and words like “Service” and “Terms” mean what the Terms say they mean.

Read this carefullyThis section limits what C'mon By is responsible for. It applies to everyone who uses the Service.

Disclaimer of warranties

THE SERVICE, INCLUDING THE WEBSITE, THE DASHBOARD, STICKERS, WALLET PASSES AND HOLLERS, IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; THAT ANY HOLLER, PASS UPDATE OR OTHER NOTIFICATION WILL BE SENT OR DELIVERED, OR DELIVERED AT ANY PARTICULAR TIME; THAT ANY ETA, DISTANCE OR LOCATION WILL BE ACCURATE; OR THAT THE SERVICE WILL BRING ANY PARTICULAR NUMBER OF FOLLOWERS, CUSTOMERS OR SALES.

No indirect damages

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL C'MON BY, ITS AFFILIATES, OR THEIR OWNERS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS (TOGETHER, THE “C'MON BY PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, SALES, CUSTOMERS, GOODWILL OR DATA (WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN TOLD THAT SUCH DAMAGES WERE POSSIBLE.

Cap on our liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE C'MON BY PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, TAKEN TOGETHER, WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND (B) ONE HUNDRED U.S. DOLLARS (US $100).

Hollers, ETAs and what happens at the window

WITHOUT LIMITING THE ABOVE, AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE C'MON BY PARTIES ARE NOT LIABLE FOR:

  1. ANY HOLLER, PASS UPDATE OR OTHER NOTIFICATION THAT IS MISSED, DELAYED, EARLY, LATE, DUPLICATED, SENT IN ERROR OR NEVER DELIVERED;
  2. ANY ETA, DISTANCE OR LOCATION THAT IS INACCURATE, INCOMPLETE OR OUT OF DATE;
  3. ANY TRANSACTION, DEALING OR DISPUTE BETWEEN A BUSINESS AND ITS CUSTOMERS OR FOLLOWERS, INCLUDING FOOD AND OTHER GOODS OR SERVICES, ORDERS, PAYMENTS, REFUNDS, PROMOS AND SHOW-BACK NUMBERS, OR ANY ILLNESS, INJURY OR LOSS ARISING FROM THEM; OR
  4. THE ACTS OR OMISSIONS OF APPLE, STRIPE, CLERK, VERCEL, MOBILE CARRIERS OR ANY OTHER THIRD PARTY, OR ANY OUTAGE OF THEIR SERVICES.

C'MON BY IS NOT A PARTY TO ANY SALE BETWEEN A BUSINESS AND ITS CUSTOMERS.

Where the law says otherwise

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. WHERE THE LAW DOES NOT ALLOW THE FULL DISCLAIMER, EXCLUSION OR LIMITATION ABOVE, IT APPLIES TO THE FULLEST EXTENT THE LAW DOES ALLOW, AND THE C'MON BY PARTIES' LIABILITY IS LIMITED TO THE SMALLEST AMOUNT THE LAW PERMITS. NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

THE LIMITATIONS IN THIS SECTION APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THEY ARE AN ESSENTIAL PART OF THE BARGAIN BETWEEN YOU AND US, AND WITHOUT THEM WE WOULD NOT OFFER THE SERVICE ON THESE TERMS.