Effective Date: September 3, 2025

Welcome to OpenStatus. These Terms of Use (the “Terms” or “Agreement”) are a binding agreement between you (“you,” “User”) and OpenStatus (“OpenStatus,” “we,” “us,” or “our”) governing your access to and use of our mobile application, website, and related services (the “Services”). By accessing or using the Services (including clicking “Accept” or similar), you agree to these Terms. If you do not agree, do not use the Services.

For the complete and most current version of these Terms, please refer to the version posted on our website at openstatus.co/terms.

Arbitration & Class Action Waiver: These Terms require binding individual arbitration of disputes and waive jury trial and class actions (see Section 13).

Please also review our Privacy Policy (incorporated by reference) for how we collect, use, and share personal information.

1) Eligibility & Account Registration

1.1 Eligibility

The Services are intended for U.S. residents aged 18+. By using the Services, you represent that you are 18+; reside in the U.S.; have not been suspended from OpenStatus and will comply with all applicable laws.

1.2 Account Registration

You may need an account to access certain features. Provide accurate, current information and keep it updated. Keep your password confidential and promptly notify us at info@openstatus.co of any unauthorized use.

1.3 Personal Use Only

Accounts are for personal, non-commercial use unless otherwise agreed in writing. We may refuse, suspend, or terminate accounts consistent with Section 11.

2) Description of Services & Changes

2.1 Services

OpenStatus lets users view real-time information about participating local businesses (e.g., hours/status, promotions, offerings). Information may come from businesses, third-party sources, or automated tools (including AI).

2.2 Changes

We may modify, update, or discontinue any part of the Services at any time, with or without notice.

2.3 No Liability for Changes

We are not liable for modifications, suspensions, or discontinuation. Your remedy is to stop using the Services.

2.4 Software Updates

You consent to automatic app updates. Updates are part of the Services and subject to these Terms.

3) License & Permitted Use

3.1 License

Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable license to use the Services for lawful, personal, non-commercial purposes.

3.2 OpenStatus Content

Except for your own account data, the Services and all content (including data compilations, text, graphics, logos, software, and AI-generated materials) are owned by OpenStatus or its licensors and protected by IP laws.

3.3 Permitted Uses

You may view and temporarily download/print a reasonable amount of content for personal use, retaining all proprietary notices. Any use beyond these Terms requires our prior written consent.

4) Prohibited Activities

You agree not to:

We may monitor and enforce these Terms and take action (including suspension/termination).

5) Location Data & Privacy

The Services rely on location to surface nearby businesses and real-time status. By using the Services, you consent to our collection and use of device and location data as described in the Privacy Policy. You can revoke precise location permissions in device settings; some features may not function without them.

6) Third-Party Services & AI Tools

6.1 Third-Party Services

We may use third-party APIs or data (e.g., maps). Their terms and privacy policies apply. We do not control or guarantee third-party accuracy.

6.2 AI-Generated Content

We may use AI to generate summaries, recommendations, or other outputs. AI content is provided “as is” for informational purposes and may be incomplete or inaccurate; verify important details independently.

6.3 Disclaimers

You use automated outputs at your own risk. We disclaim liability for errors or reliance on AI/automated outputs.

6.4 Data to Third Parties

Certain inputs may be processed by third-party providers to generate outputs. We share data only as described in the Privacy Policy.

7) Subscription Services

7.1 About the App

The app is free to use with basic features.
To use extra or premium features, you can choose a paid subscription.

7.2 Subscription Plans

We clearly show the price and features of each plan.
You will only be charged if you choose to subscribe.

7.3 How Payments Work

Payments for subscriptions are handled by the app stores (Apple or Google) or other approved payment partners.
Their rules for billing and refunds will apply.
We do not store your card details if the app store processes the payment.

7.4 Auto-Renew & Cancellation

Subscriptions renew automatically every month or year, based on the plan you choose.
You can cancel anytime from your app store account settings.
If you cancel, you can still use the paid features until the current billing period ends.

7.5 Price Changes

If we change the subscription price, we will inform you in advance.
If you don’t agree with the new price, you can cancel before the next renewal.

7.6 Refunds

Subscription payments are usually non-refundable, unless required by law or allowed by the app store.

8) Intellectual Property

8.1 Ownership

The Services (including UI, code, design, content, data compilations, and AI-generated materials) are the property of OpenStatus or its licensors.

8.2 Trademarks

“OpenStatus” and associated marks are OpenStatus trademarks. Third-party names/logos are their owners’ marks. No license is granted absent written consent.

8.3 Feedback

If you submit suggestions, you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use them without compensation.

8.4 No Additional License

Except as expressly granted in Section 3, no rights are granted to use our IP.

9) Disclaimers

THE SERVICES AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUALITY. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT CONTENT (INCLUDING BUSINESS INFO, PROMOTIONS, OR AI OUTPUTS) IS ACCURATE OR COMPLETE.

OpenStatus is not the merchant of third-party goods/services listed. Deals and promotions are fulfilled by third-party businesses, and we are not responsible for their acts, omissions, products, or services. You are solely responsible for your interactions with third parties. Some jurisdictions do not allow certain disclaimers; in such cases, disclaimers apply to the fullest extent permitted.

10) Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, OPENSTATUS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA, GOODWILL, OR REVENUE; SERVICE INTERRUPTION; OR DEVICE/SYSTEM FAILURE, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES, WHETHER BASED IN WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY.

Without limiting the foregoing, we are not liable for:

Cap. If liability is not otherwise excluded, our total aggregate liability to you for all claims will not exceed the greater of (i) amounts you paid to OpenStatus in the 12 months before the event giving rise to liability or (ii) $100. Some laws may not allow certain limitations; limits apply to the fullest extent permitted. These limitations reflect a fundamental allocation of risk and survive termination.

11) Termination & Suspension

11.1 By Us

We may suspend or terminate your account/access at any time, with or without notice, including if we believe you violated these Terms or engaged in fraud or harmful behavior.

11.2 By You

You may stop using the Services and delete your account at any time (in-app if available or via support). You will lose access to personalized features/data upon deletion (subject to our Privacy Policy).

11.3 Effect

Upon termination, your license ends and you must cease use. Provisions that by nature survive (e.g., IP, disclaimers, limitations, dispute resolution) remain in effect. We are not responsible for loss of data; back up anything you wish to keep.

12) Governing Law & Venue

These Terms are governed by the laws of the State of Tennessee, without regard to conflict-of-law principles. Subject to Section 13, the state and federal courts in Tennessee have exclusive jurisdiction for lawsuits permitted under these Terms, and you waive objections to venue/jurisdiction there. We may seek injunctive relief in any competent jurisdiction.

13) Arbitration & Class Action Waiver

13.1 Binding Arbitration

Any dispute or claim arising out of or relating to these Terms or the Services (“Dispute”) will be resolved exclusively by final, binding arbitration to the fullest extent permitted by law, under the Federal Arbitration Act. You waive the right to a court trial (except as allowed in Section 13.3).

13.2 Class Action/Jury Waiver

Disputes must be brought individually, not as a class or representative action. The arbitrator cannot consolidate claims or preside over class proceedings. You also waive the right to a jury trial.

13.3 Exceptions

Either party may pursue (a) individual claims in small claims court if within jurisdictional limits, and (b) actions for injunctive relief in court to protect IP or stop unauthorized use/abuse of the Services.

13.4 Procedures

Arbitration will be administered by a neutral provider mutually agreed by the parties; if not, by the AAA under its Consumer Arbitration Rules. A single arbitrator will apply Tennessee law and applicable statutes of limitations. Hearings will occur in your county of residence (unless otherwise agreed) or via documents/teleconference for qualifying claims. The arbitrator may award any relief a court could award to the individual party.

13.5 Costs/Fees

Fees are allocated per the applicable rules. Each side pays its own attorneys’ fees unless law provides otherwise or claims are frivolous.

13.6 FAA Controls; Severability

The FAA governs interpretation/enforcement of this Section. If the class waiver is found unenforceable as to a claim, that claim proceeds in court (not class-wide), and the remainder of this Section continues to apply.

13.7 30-Day Opt-Out

You may opt out of arbitration/class waiver by emailing info@openstatus.co (subject: “Arbitration Opt-Out”) or mailing 2716 Wind Gap Dr, Columbia, TN 38401 within 30 days of first accepting these Terms. Opting out affects only this Section.

13.8 Survival

This Section survives termination.

14) Miscellaneous

14.1 Entire Agreement

These Terms (and incorporated policies) are the entire agreement and supersede prior understandings.

14.2 Changes to Terms

We may update these Terms; material changes will be noticed through the Services or other means. Continued use after posting means acceptance. If you do not agree, stop using the Services.

14.3 Waiver/Severability

Our failure to enforce a provision is not a waiver. If any provision is unenforceable, it will be limited/eliminated to the minimum extent necessary, and the remainder stays in effect.

14.4 Assignment

You may not assign these Terms without our written consent. We may assign freely, including to a successor (e.g., merger, acquisition).

14.5 No Third-Party Beneficiaries

These Terms benefit only you and OpenStatus.

14.6 Relationship

We are independent contracting parties; no partnership, joint venture, agency, or employment relationship is created.

14.7 Notices

We may provide notices by email, in-app, posting, or mail. You consent to electronic communications. Contact us at info@openstatus.co or the mailing address below.

Terms of Use (EULA): https://www.apple.com/legal/internet-services/itunes/dev/stdeula/

14.8 Contact

Email: info@openstatus.co
Mail: OpenStatus, 2716 Wind Gap Dr, Columbia, TN 38401
Attn: Legal Department