Terms of service

Last updated: 1 October 2026.

1. Scope and service

These terms govern your use of Flocklist (https://flocklist.dev). Flocklist is operated by Smart-Byte GmbH, Landshuter Str. 29, 85435 Erding, Germany ("we"; see the Impressum). "You" means the waitlist owner. You accept these terms when you create a waitlist, whether on the website, through the API or through an agent acting for you.

Flocklist is a hosted service for waitlists with referral links. You create a waitlist, collect signups through a hosted page, a form or an embeddable widget, and manage them in the admin page or API. Signups get a position and a referral link. A public leaderboard shows masked emails.

2. Plans

• Free: 3 waitlists, referrals and leaderboard. The first 250 signups per waitlist are visible and exportable. Signup collection continues after that. A "Powered by Flocklist" badge is shown.
• Pro: $9 per month. Cancel anytime. When it ends, your account returns to the free plan.
• Founding Lifetime: $49, paid once. It gives you the Pro features for the lifetime of the service, meaning as long as we operate Flocklist. Fair use applies: we may limit use that is clearly excessive or puts the service at risk.

To keep the service working for everyone, we limit how fast waitlists and signups can be created. Free plan: per network and in total for all free waitlists. Paid plans (Pro and Founding Lifetime): "unlimited" means no limit on the total number of waitlists or signups, subject to fair use of up to 50 new waitlists per hour and 500 per day per account, and up to 10,000 signups per hour per waitlist and 50,000 per hour per account. Paid accounts have capacity separate from the free plan. An account is the waitlist you paid for plus every waitlist you create with its admin key. If you need more, contact us and we will raise your limits where reasonable.

Pro features are those listed on our website at the time of purchase, for example no badge and no free-plan limits. The price shown at checkout applies.

3. Purchases

Stripe sells paid plans to you as reseller and merchant of record (Stripe Managed Payments). Stripe's terms govern the purchase, including payment, invoicing and, where applicable, consumer withdrawal rights. We receive your email, Stripe customer ID and plan, and activate your plan.

4. Your responsibilities

You are responsible for your waitlist. You must:

• have a lawful basis (Art. 6 GDPR) for collecting your signups' data, and give your signups a privacy notice that covers this;
• keep your admin key secret (we store only its hash and cannot recover it);
• follow anti-spam law when you email signups (in Germany § 7 UWG; in the EU the ePrivacy rules).

You must not use Flocklist for:

• spam;
• deceptive giveaways, fake rewards or false claims about prizes or positions;
• illegal content, or content that infringes the rights of others;
• pyramid, Ponzi or similar schemes;
• fake signups or referrals, or bypassing rate limits and fraud protection.

5. Data processing agreement (Art. 28 GDPR)

For your signups' personal data, you are the controller and we are the processor. This section is our data processing agreement. It is part of these terms and prevails on data protection matters.

• Subject and duration: we process signup data to run your waitlist, until you delete it. The data subjects are your signups. The data types are listed in the privacy policy.
• Instructions: we process signup data only on your documented instructions. Using the service (form, widget, API, admin page) is your instruction. We tell you if we think an instruction breaks data protection law.
• Confidentiality: we and anyone we authorise to access signup data keep it confidential.
• Security: data is encrypted in transit. In the database, admin keys and IP addresses are stored only as hashes. Signup data is accessible through the service only with your admin key.
• Sub-processor: Cloudflare, Inc. (hosting, Workers, D1 database), under Cloudflare's DPA and the EU Standard Contractual Clauses. Data is processed in Cloudflare's global network. We give notice before we add or replace a sub-processor. You may object and stop using Flocklist.
• Data subject requests: we forward requests we receive to you and help you answer them.
• Breaches: we tell you without undue delay if we learn of a personal data breach that affects your signups.
• Deletion: when you delete a waitlist (admin page or API), we delete all its signups immediately. Export first if you need a copy.
• Audit: you may check our compliance by written information requests. We answer them within a reasonable time.

6. Availability

We provide Flocklist "as is" and "as available", without a service level agreement (SLA). Outages and maintenance can happen. Keep your own backups. Mandatory statutory rights, including consumer rights, remain unaffected.

7. Suspension

Report abuse (phishing, spam, fraud) to info@smart-byte.com. We may suspend or delete a waitlist or account that breaks these terms or the law, or that harms the service or other people. We warn you first when we reasonably can. You can stop using Flocklist at any time by deleting your waitlists.

8. Liability

We are liable without limit for intent, gross negligence, and injury to life, body or health. For slight negligence we are liable only for breach of essential obligations. These are obligations that make proper performance of the contract possible and on which you can regularly rely. Then our liability is limited to the typical, foreseeable damage. We are not liable for slight negligence otherwise. Liability that cannot be excluded by law remains unaffected.

9. Changes

We may change these terms or the service for valid reasons, such as changes in law, new features or security. We give notice of material changes at least 30 days before they take effect, by email or on this website. If you do not agree, you can stop using Flocklist or cancel before then.

10. Governing law and severability

German law applies. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply. If you are a consumer, mandatory consumer protection rules of your country of residence remain unaffected. If a provision is invalid, the other provisions stay in force.

11. Contact

Questions, notices and information requests: info@smart-byte.com.