Legal

Customer Terms of Use

Last updated: November 2025

These Customer Terms of Use (“Terms”) govern your access to and use of websites, applications, loyalty programs, and related services operated by Acelerate, Inc. (“Acelerate,” “Open,” “we,” “us,” or “our”) under the Open brand.

By accessing or using any Open-powered website or service, you agree to be bound by these Terms. If you do not agree, do not use the services.

Overview of Services

Acelerate provides technology that allows participating restaurants and merchants (“Merchants”) to:

offer online ordering and delivery through Open-powered websites and apps;
operate customer loyalty programs; and
send promotional or transactional messages (e.g., order updates, discounts).

When you place an order or join a loyalty program through Open, you are interacting with the Merchant that provides the product or service. Acelerate operates the technology platform but is not the seller of food or goods.

Eligibility

You must be at least 18 years old to use Open’s services. By using the services, you represent that you meet this requirement and that all information you provide is accurate and current.

Use of the Services

Acelerate grants you a limited, non-transferable, non-exclusive license to access and use the Services for personal, noncommercial purposes.

You agree not to:

access or use the Services for unlawful, fraudulent, or harmful purposes;
attempt to interfere with the operation or security of the Services;
copy, modify, or reverse engineer any part of the Services; or
use the Services to send spam or unauthorized communications.

Accounts

If you create an account (for example, to track orders or loyalty points), you are responsible for keeping your login information secure. Notify us immediately if you suspect unauthorized access.

Orders and Payments

Orders placed through Open-powered sites are processed by the participating Merchant or its chosen payment processor.

All product descriptions, pricing, and fulfillment are set by the Merchant.
Refunds, cancellations, and disputes should be directed to the Merchant.
Acelerate is not responsible for the quality, safety, or accuracy of any product or service sold by a Merchant.

Loyalty and Cash-Back Programs

Some Merchants offer loyalty programs through Open’s platform. These programs may award either points or cash-back credits (“Rewards”) for qualifying purchases.

Program Operator:
Open (operated by Acelerate, Inc.) provides only the technology that enables these programs. Each Merchant independently operates its own Rewards program and is solely responsible for Reward terms, availability, and fulfillment.
Earning Rewards
- Cash-Back Credits (“Cash Back,” “[Restaurant] Cash,” “[Restaurant] Bucks”): For qualifying purchases, you earn a percentage or fixed amount back as non-cash credits usable only with the issuing Merchant. Earn rate, eligible items, and exclusions are shown by the Merchant in the app or at checkout.
- Points (if enabled): Merchants may instead award points per dollar or per item purchased.
- Exclusions/Adjustments: Rewards usually do not accrue on taxes, tips, delivery fees, service fees, alcohol (where restricted), or purchases made with other credits or gift cards. Rewards for refunded or canceled orders may be reversed.
Redeeming Rewards
- Cash-back credits reduce the pre-tax purchase price where permitted by law. Merchants may set minimums, maximums, or category exclusions.
- Merchants decide whether Rewards can be combined with other promotions.
- Redemption options and values are determined by the Merchant and may change without notice.
No Cash Value or Stored Value
Rewards have no monetary value, are not cash, not gift cards, and not FDIC-insured. They cannot be exchanged for cash or credited to any payment card except where required by law.
Expiration and Fraud
Merchants may set expiration dates for Rewards. Expired or forfeited Rewards cannot be reinstated. We and Merchants may adjust or revoke Rewards in cases of suspected fraud, abuse, or return activity.
Non-Transferable
Rewards are personal to your account and cannot be sold or transferred.
Program Changes
Merchants or Acelerate may modify, pause, or discontinue a loyalty or cash-back program at any time for operational, legal, or technical reasons.
Questions or Disputes
For issues about your Rewards balance or redemption, contact the issuing Merchant first. If additional help is needed, email support@getopen.com.

Messaging Terms

By opting in to receive text messages or notifications, you consent to receive automated marketing and transactional communications from Acelerate, Inc. and participating Merchants. Message frequency varies. Message and data rates may apply.

You can opt out at any time by texting STOP.
For help, reply HELP or email support@getopen.com.
Carriers are not liable for delayed or undelivered messages.
Your consent to receive messages is not a condition of purchase.

For details about how your data is used, see our Privacy Policy.

User Content

If you submit reviews, feedback, or other content, you grant Acelerate a worldwide, royalty-free license to use, display, and reproduce that content in connection with operating the Services. You represent that your content does not violate any laws or third-party rights.

Intellectual Property

All rights in the Open platform, software, and design are owned by Acelerate or its licensors.
You may not reproduce or use our trademarks, logos, or materials without our written consent.

Disclaimers

The Services are provided on an “as is” and “as available” basis.
Acelerate makes no warranties of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.
We do not guarantee that the Services will be error-free, secure, or uninterrupted.

Acelerate is not responsible for:

the quality or delivery of products sold by Merchants;
any loyalty rewards or redemptions; or
any messages or promotions sent by Merchants.

Limitation of Liability

To the fullest extent permitted by law:

Acelerate shall not be liable for indirect, incidental, consequential, or punitive damages.
Our total liability for any claim shall not exceed fifty U.S. dollars ($50).

Some jurisdictions do not allow such exclusions, so certain limitations may not apply to you.

Dispute Resolution

Informal Resolution. We aim to resolve disputes quickly and fairly. Contact us at legal@acelerate.io before taking legal action.

Binding Arbitration. Any dispute between you and Acelerate will be resolved by final and binding arbitration under the rules of JAMS in Los Angeles County, California.

Class Action Waiver. You agree that disputes will be resolved only on an individual basis, not as part of a class or representative action.

Governing Law. These Terms are governed by the laws of the State of California, excluding conflict of law rules.

Termination

You may stop using the Services at any time. Acelerate may suspend or terminate your access if you violate these Terms or use the Services unlawfully.

Upon termination, any accrued rights or obligations (including arbitration) will survive.