WayMaker Technology, Inc.
Last Updated: February 2026
These User Terms of Service (“Terms”) govern access to and use of the OnTour platform and related services (the “Services”) operated by WayMaker Technology, Inc., a Delaware corporation (“WayMaker,” “we,” “our,” or “us”).
By accessing or using the Services, you agree to these Terms.
OnTour is a business-to-business software platform designed for property owners, operators, and management companies (“Customers”).
The Services may include:
The Services are provided for professional use within Customer-managed environments.
Access to the Services is provided pursuant to a separate agreement between WayMaker and a Customer (“Subscription Agreement”). Individuals granted access by a Customer are “Authorized Users.”
Customer controls:
As between WayMaker and Customer, Customer owns all Customer Data.
The Services may enable audio recording and transcription during property tours.
Each Customer and Authorized User is solely responsible for:
WayMaker does not provide legal advice and does not monitor compliance with Recording Laws. Use of the Services in violation of Recording Laws is strictly prohibited and may result in immediate suspension or termination.
OnTour may generate:
These outputs:
Customer is solely responsible for:
WayMaker disclaims liability for employment-related decisions made using the Services.
The Services may enable Customers to design and administer reward or incentive programs.
WayMaker:
All compensation and reward decisions remain the sole responsibility of Customer.
The Services, including all software, algorithms, AI models, user interfaces, designs, documentation, trademarks, and other materials provided by WayMaker, are and remain the exclusive property of WayMaker Technology, Inc. and are protected by United States and international intellectual property laws.
Nothing in these Terms grants Customer or any Authorized User any right, title, or interest in the Services or WayMaker's intellectual property, except for the limited right to access and use the Services as expressly set forth in the Subscription Agreement.
“OnTour” and the OnTour logo are trademarks of WayMaker Technology, Inc. Use of WayMaker's trademarks without prior written consent is prohibited.
“Customer Data” includes audio recordings, transcripts, analytics, scores, and related information submitted to or generated within the Services.
As between WayMaker and Customer:
WayMaker does not sell Customer Data.
Each party agrees to treat as confidential all non-public information disclosed by the other party in connection with the Services (“Confidential Information”), including Customer Data, business plans, pricing, technical specifications, and product roadmaps.
Confidential Information shall not be disclosed to any third party except:
Confidentiality obligations survive termination of these Terms for a period of three (3) years.
If you provide WayMaker with feedback, suggestions, ideas, or recommendations regarding the Services (“Feedback”), you grant WayMaker a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use, modify, and incorporate such Feedback into the Services or other products without any obligation or compensation to you.
WayMaker may, in the future, offer features enabling individual users to access portions of their historical performance data. Availability of such features will be subject to Customer configuration and applicable agreements.
Nothing in these Terms guarantees individual data portability absent Customer authorization.
You may not:
Violation may result in immediate suspension or termination.
Customer agrees to indemnify, defend, and hold harmless WayMaker, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
The Services are provided “as is” and “as available.”
WayMaker disclaims all warranties, express or implied, including:
WayMaker does not guarantee:
To the maximum extent permitted by law: WayMaker will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities, regardless of the theory of liability.
WayMaker's total aggregate liability arising out of or related to the Services will not exceed the greater of:
Nothing in this section limits liability where prohibited by law.
WayMaker may suspend or terminate access if:
Customer may terminate Authorized User access at any time.
Upon termination, WayMaker will delete or return Customer Data in accordance with the Subscription Agreement and applicable data retention obligations.
The parties agree to first attempt to resolve any dispute arising out of or relating to these Terms through good-faith negotiation for a period of thirty (30) days from the date one party provides written notice of the dispute to the other.
If the dispute cannot be resolved through negotiation, the parties agree to submit the dispute to binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in the State of Delaware.
The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own costs of arbitration, except that the prevailing party may be awarded reasonable attorneys' fees at the arbitrator's discretion.
Nothing in this section prevents either party from seeking injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property rights or Confidential Information.
Neither party shall be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, government actions, power failures, internet disruptions, or third-party service provider outages. The affected party shall provide prompt notice and use commercially reasonable efforts to resume performance.
All notices required or permitted under these Terms shall be in writing and shall be deemed effective when delivered by email to the addresses associated with the applicable account, or by certified mail to the party's registered address.
Notices to WayMaker shall be sent to connect@waymakertour.com.
Customer may not assign or transfer these Terms or any rights or obligations hereunder without the prior written consent of WayMaker. WayMaker may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Any purported assignment in violation of this section is void.
WayMaker may update these Terms from time to time. Material updates will be posted on this page with a revised “Last Updated” date and, where appropriate, notified to Customers via email or through the platform. Continued use of the Services after such updates constitutes acceptance of the revised Terms.
Entire Agreement. These Terms, together with the Subscription Agreement and any applicable policies referenced herein, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous communications, whether written or oral.
Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
Waiver. The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver shall be effective unless made in writing and signed by the waiving party.
Relationship of the Parties. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties. Neither party has the authority to bind the other.
Export Compliance. Customer agrees to comply with all applicable U.S. export control laws and regulations in connection with its use of the Services. The Services may not be exported or re-exported to any country, entity, or person prohibited by U.S. law.
These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Subject to the arbitration provisions above, any disputes not subject to arbitration shall be resolved exclusively in the state or federal courts located in Delaware.
WayMaker Technology, Inc.
Phone: 972-897-2329
Email: connect@waymakertour.com