Terms of Service

These Restaurant Terms (the "Terms") are an agreement between OpenPOS Inc. ("OpenPOS", "we", "us") and the business that signs up for or uses OpenPOS ("you"). They cover the OpenPOS dashboard, the staff, Shift, Terminal and Kiosk apps, online ordering, store websites, the AI Manager and other AI features, our APIs and connectors, and everything else we provide (the "Service").

By creating an account or using the Service you accept these Terms, our Privacy Policy and the fees shown on our pricing page and in your dashboard. The person who accepts confirms they are at least 18 and authorized to bind the business. The Service is for businesses, not for personal use. Guests who order from you are covered by the Guest Ordering Terms above.

• Give us accurate information about you and your business, and keep it up to date.
• You decide who on your team can use the Service and what they can do (roles, permissions, PINs, device codes and API keys). You are responsible for everything done under your account, including by your staff and the devices you pair. Remove people and devices that should no longer have access.
• Keep sign-in details, PINs and keys secret. Tell us right away at [email protected] if you think someone got access who shouldn't.

• We keep improving the Service and may change, add or remove features. If we remove something you rely on in a material way, we will tell you in advance when we reasonably can.
• Features marked Beta, Pilot or Coming soon are early: they may change or end, and are provided as they are.
• Parts of the Service rely on other companies — for example Stripe for payments, delivery companies, delivery marketplaces, Google, phone and messaging carriers, AI model providers and AI apps such as ChatGPT and Claude. Their own terms apply to their services, and they may change or stop them; we are not responsible for them.
• The Service runs over the internet and depends on those companies. We work to keep it available, but we can't promise it will always be uninterrupted or error-free. Keep a backup way to take orders and payments.

• No monthly, subscription or setup fee. We earn a platform fee on each order paid through the Service. It includes card processing. The current rate is on our pricing page and in your dashboard, unless we agreed a different rate with you in writing. We take the fee from each payment before the rest is paid out to you.
• Refunds. The platform fee on an order is kept if the order is later refunded, except where the law requires otherwise.
• Prepaid balance. Some optional services are paid from a prepaid balance in your dashboard (shown as Store Credit): for example campaign texts and emails to your guests, and Voice Kiosk call minutes and phone numbers, at the prices shown in your dashboard. Messages about orders, reservations, waitlists and catering are included. If you turn on auto top-up, you authorize us to charge your saved card, through Stripe, by the amount and when your settings say. The balance has no cash value and is not refundable, except where the law requires. If it stays below zero, the services that use it may pause.
• Delivery. When you use delivery through OpenPOS, the delivery charges shown in your dashboard apply, and the part you cover may be taken from your payouts.
• Fees you charge guests. If you add a service fee or set a guest delivery fee, you are responsible for showing and charging it as the laws that apply to your business require.
• Taxes. You are responsible for the taxes on your sales, including setting your tax rates correctly. Our fees don't include taxes; where tax applies to them, you pay it.
• Changes. We will give you at least 30 days' notice before we raise the platform fee rate or a price you already pay. If you think we charged you wrongly, tell us within 60 days.

• Card payments are processed by Stripe. To take payments you need a Stripe connected account, and you agree to Stripe's Connected Account Agreement, which includes the Stripe Services Agreement. Stripe pays out to your bank account on its schedule.
• You authorize us to create charges for your orders, keep our platform fee from each, and have Stripe transfer the rest to your account.
• Before you connect Stripe. If your store takes payments before your Stripe account is connected, those payments are held in our Stripe account and paid out to you, less our fees, after you connect and pass Stripe's checks. We don't pay interest on them, and we may hold them longer if we need to confirm your business.
• Refunds and chargebacks. You are responsible for the refunds you give and for chargebacks, disputes and reversals on your orders, including every fee Stripe charges for a dispute: its dispute fee, which Stripe charges whether the dispute is won or lost, and its fee for winning a dispute. You authorize us to recover those amounts by charging your Stripe account balance, reversing transfers to it, taking them from later payouts, or charging your saved card. If a dispute is decided in your favor after we recovered it, we pay the disputed amount back, less Stripe's fees for the dispute.
• In person. Card readers use Stripe Terminal, under Stripe's terms. A card taken while offline is charged when the connection comes back and can be declined then; the limits you set are your choice, and that risk is yours.
• Card holds and fees. Charge a guest's card on file (for example a no-show fee) only under the conditions shown to the guest when they agreed.
• We or Stripe may hold payouts or pause payments if we reasonably suspect fraud, unusual risk, a breach of these Terms or a legal problem, and will tell you why when we can.

You run your business; the Service is a tool for it. In particular, you are responsible for:

• Your food and products — what you sell, how it's made and handled, its safety, quality, labels, allergen and nutrition information, prices and availability, and filling the orders you accept.
• Licenses and laws — permits, health and food-safety rules, consumer-protection and price-display rules, and age-restricted items. Check ID for alcohol at pickup and delivery; alcohol, tobacco and nicotine are never sold through AI apps.
• Your team — you are the employer. Pay, tips, overtime, breaks, scheduling rules, tax withholding and records are yours. Our time clock, tips, payroll exports and compliance guidance help you, but they are not legal, tax or payroll advice: check them.
• Messages to guests — have the consent the law requires (for example the TCPA and state laws for texts, CAN-SPAM for email) before you send marketing through the Service, and keep what you send truthful. The Service handles STOP replies and unsubscribe links; don't work around them.
• Reviews and testimonials — show only real reviews from real customers, never invented or AI-written ones, and say when a review was rewarded. This includes reviews on your OpenPOS website.
• Calls — if you use AI Phone or the Voice Kiosk, calls are answered by AI and may be recorded and transcribed to take the order. Give any notice and get any consent the law requires where you operate.
• Your content and settings — menus, prices, hours, photos and claims on your ordering pages, website and listings, and the settings you choose (including what AI may do).

• Who decides. You control the personal information about your guests and your team that you collect through the Service. We process it for you, to provide the Service, following these Terms and your settings, and as our Privacy Policy explains.
• What we promise. We don't sell that information or share it for cross-context behavioral advertising. We don't use it outside our relationship with you, except as the law allows — for example to keep the Service secure, prevent fraud, fix and improve the Service, and make de-identified, combined statistics. We follow the privacy laws that apply to us, help you answer your guests' and staff's requests to see or delete their information, and tell you if we can no longer meet these promises.
• Where we act for ourselves. A few things work across restaurants, and for those OpenPOS decides how the information is used, as the Privacy Policy explains: a guest's sign-in and saved cards across restaurants on OpenPOS, STOP replies (which stop marketing texts from every restaurant on OpenPOS), fraud and abuse prevention, and orders that come through AI apps.
• Service providers. We use other companies to run the Service (listed in the Privacy Policy) and require them to protect the information.
• Security incidents. If a security breach affects your guests' or team's information, we will tell you without undue delay and help you meet any notice duties.
• Your part. Give the notices and get the consents the law requires from your guests and team for the way you use the Service.

• The Service includes AI: the AI Manager, the website builder and writing help, menu import, AI Phone, the Voice Kiosk, text replies, and ordering through AI apps. They use AI model providers listed in the Privacy Policy.
• The AI Manager acts only within the permissions you set. For a standing problem it can undo and that isn't money, it tells you first, then acts unless you stop it, and you can undo it. Anything involving money or that can't be undone needs your approval.
• AI can be wrong. Review what it writes and suggests before you rely on it or publish it. It is not legal, tax, financial or employment advice, and your business decisions stay yours.

• By default, your public store information — name, address, hours, menu, prices, photos, what's available now and how guests can order — appears on your ordering pages and website, and through our open API, store directory, menu pages for Google (if you turn them on) and AI apps such as ChatGPT and Claude through our OpenPOS Order connector. That's how search engines and AI apps find you and send orders.
• You allow us to show your name, logo, menu and photos in those places.
• You can limit this, for example with Show this store in AI apps in Store Settings › Services › AI apps. Orders, guests' details and your finances are never public.

• Yours. You own what you put into the Service — menus, photos, logos, text and data. You give us a worldwide, non-exclusive, royalty-free license to host, copy, format, display and distribute it to provide and promote the Service (for example your listing in AI apps), while you use the Service and as needed afterwards for backups and records. You confirm you have the rights to what you upload.
• AI-made content. You may use the content our AI makes for you, such as your website text. Similar content may be made for others. You are responsible for reviewing it.
• Ours. The Service, its software, design and the OpenPOS name and logo are ours. We give you a limited, non-transferable right to use the Service while these Terms apply. Don't copy, resell, reverse-engineer or scrape it (beyond our public API as documented), or use it to build a competing product.
• Ideas and statistics. We may use suggestions you send us without owing you anything, and use de-identified, combined data that doesn't identify you or your guests to run, improve and report on the Service.

Don't use the Service to:

• break the law or help someone else break it, or sell anything illegal;
• misrepresent your restaurant, menu, prices or reviews, or impersonate anyone;
• send spam or messages without the consent the law requires;
• take payments that aren't for real orders from your own business;
• access accounts or data that aren't yours, probe or test our security without our written OK, or interfere with the Service;
• upload malware or content that infringes others' rights.

• You can stop using the Service at any time and ask us to close your account.
• We may suspend or end your account if you break these Terms, don't pay what you owe, create risk for guests, other restaurants or us, if Stripe closes your payment account, or if the law requires it. We will give you notice first when that is reasonable.
• When your account ends, your access stops. You can ask us to export your data within 30 days. Amounts you owe (including a negative balance) stay due, and the sections that by their nature should continue (fees owed, your content license for records, disclaimers, limits of liability, indemnity and disputes) keep applying.

The Service is provided "as is" and "as available". To the fullest extent the law allows, we make no warranties beyond those written in these Terms — including implied warranties of merchantability, fitness for a particular purpose and non-infringement — and we don't promise that the Service, other companies' services, AI output, reports or compliance guidance will be uninterrupted, error-free or right for your situation.

To the fullest extent the law allows: neither of us is liable to the other for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill; and our total liability for all claims about the Service is limited to the greater of (a) the fees you paid us in the 12 months before the claim arose and (b) $100. These limits don't apply to your payment obligations or your indemnity below, or where the law doesn't allow them.

You will defend and indemnify OpenPOS, and our officers, employees and agents, against claims, losses and costs (including reasonable legal fees) that come from your food and products, your content, your messages to guests, your dealings with your guests and team, your breach of these Terms, or your breach of the law.

• These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law rules.
• Before bringing a claim, tell the other party in writing and try in good faith to resolve it for 30 days.
• Any claim must be brought only in the state or federal courts located in Delaware, and both of us consent to those courts.
• Each of us waives the right to a jury trial, and claims may be brought only individually, not as part of a class or representative action.
• A claim must be brought within one year after it arose, unless the law requires a longer period.

We may update these Terms. For changes that matter, we will tell you by email or in your dashboard at least 30 days before they take effect, except changes required by law or for security, which may apply sooner. Using the Service after a change takes effect means you accept it. If you don't agree, stop using the Service before then.

• These Terms, the Privacy Policy, the fees shown to you and any written agreement we sign with you are the whole agreement between us. If a signed agreement conflicts with these Terms, the signed agreement wins.
• You may not transfer these Terms without our written OK; we may transfer them as part of a merger, acquisition or sale of assets.
• Neither of us is responsible for delays caused by events beyond reasonable control, such as outages of internet, payment or carrier networks, natural disasters or government actions.
• You agree that we may send notices and records electronically, by email or in your dashboard. Send notices to us at [email protected].
• We are independent businesses. If part of these Terms can't be enforced, the rest still applies. Not enforcing a right is not a waiver of it.
• The Service is for businesses in the United States. You won't use it in breach of U.S. export or sanctions laws.

Questions about these Terms: [email protected]. Help with the Service: [email protected].