Terms of Service for Registered Businesses

Welcome to Open-To-Chat. These Terms of Service (“Business Terms”) apply specifically to businesses registering with Open-To-Chat. Please ensure that you have read and agreed to the General Terms of Service for Open-To-Chat.

1. Acceptance of Business Terms

By registering as a business on Open-To-Chat you agree to be bound by these Business Terms. If you disagree with any part of these terms, you may not register or use the Service as a business.

2. Business Registration and Account

To list your events on Open-To-Chat, you must create a business account and provide accurate and complete information about your business. You are highly encouraged not to register for a private residence such as a home. You are responsible for maintaining the confidentiality of your account and are fully responsible for all activities that occur under your account.

2. Business Registration and Account

To list your events on Open-To-Chat, you must create a business account and provide accurate and complete information about your business. You are highly encouraged not to register for a private residence such as a home. You are responsible for maintaining the confidentiality of your account and are fully responsible for all activities that occur under your account.

Authority to Register

By registering as a business on Open-To-Chat, you represent and warrant that you have the full authority to act on behalf of the business you are registering. Open-To-Chat is not responsible for verifying the authority of the individual registering a business, and any liability resulting from unauthorized registration rests solely with the individual responsible for the registration. If it is found that a business was registered without proper authorization, Open-To-Chat reserves the right to immediately terminate the registration and remove all associated content.

3. Marketing Materials, Signs, and Signaling Objects

a. Use of Marketing Materials

Upon registration, you may receive a poster or PDF (“Marketing Materials”) that contains information and guidelines for events. You agree to use these Marketing Materials responsibly and in accordance with any instructions provided by Open-To-Chat.

b. Sign and Signaling Objects

Open-To-Chat may provide links to purchase signs or instructions to make your own. Open-To-Chat is not responsible for the quality or content of third-party products or instructions. Businesses using signs should do so responsibly and in accordance with applicable laws and regulations.

c. Intellectual Property

The Marketing Materials are the property of Open-To-Chat and are protected by copyright, trademark, and other laws. You may use the Marketing Materials for the purpose of promoting your events as part of the Service, but you may not use them for any other purpose without the express written consent of Open-To-Chat.

4. Content and Conduct

As a business registered with Open-To-Chat, you agree to conduct yourself in a professional manner and provide accurate and non-misleading information about your events. You are solely responsible for all content you upload and for all communications during events listed through the Service. In addition, you must prioritize the safety and well-being of Open-To-Chat app users attending your events, discourage any form of harassment or inappropriate behavior, and have contingency plans in place for any emergency situations.

4.1 Conduct, Disputes, and Termination

Definition:

Disputes: Refers to any disagreements, conflicts, or legal proceedings involving the registered business that might adversely affect the reputation or operations of Open-To-Chat.

Misconduct: Includes, but is not limited to, fraudulent activities, deceptive practices, harassment, discrimination, violation of laws and regulations, and any other behavior that is contrary to the principles and values of Open-To-Chat.

Clause: Open-To-Chat reserves the right to suspend or terminate the account of any registered business without refund or notice if Open-To-Chat believes, in its sole discretion, that the registered business is involved in any disputes or has engaged in misconduct that could adversely affect the reputation, operations, or users of Open-To-Chat. Registered businesses are also required to report any instances of misconduct or significant safety concerns arising during their events to Open-To-Chat as soon as reasonably possible. The decision to suspend or terminate an account under this clause is at the sole discretion of Open-To-Chat and is final.

5. Use of Signs

5.1 Types of Signs

Businesses are encouraged to use simple colored signs for the Open-To-Chat initiative. However, you may also opt to use patterns or other objects that reflect your business branding.

5.2 Prohibited Signs or Signaling Objects

Open-To-Chat does not condone the use of signs or objects that symbolize hate speech, discrimination, or violation of human rights. This commitment is rooted in both U.S. law and international standards. U.S. law prohibits discrimination, including but not limited to, less favorable treatment based on race, color, national origin, sex, disability, religion, or other protected status as defined by the Civil Rights Act of 1964, the Americans with Disabilities Act, and other federal non-discrimination laws and regulations. Similarly, international standards set forth in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and other global human rights treaties, protect against discrimination on the same grounds. Any usage of signs or symbols on Open-To-Chat that are deemed offensive or discriminatory under these standards constitutes a violation of these Terms of Service may result in the termination of your use or registration.

5.3 Responsibility and Compliance

Businesses are responsible for ensuring that the signs used comply with this policy and all applicable laws and regulations. Please be aware of and sensitive to the cultural and social connotations of the signs and symbols you choose to use.

6. Hosting Events and Use of Materials

6.1 Responsibilities of Registered Businesses

As a registered business, you are responsible for ensuring that your premises are safe and conducive for Open-To-Chat activities. You must comply with all applicable laws, regulations, and your own business policies.

Insurance: All registered businesses participating in Open-To-Chat activities are strongly recommended to maintain their own property insurance. Open-To-Chat will not be responsible for any damages, loss, or other liabilities that may arise during any events or activities related to our service. By registering with our service, businesses acknowledge that any damages to their property are their responsibility, and it is recommended to have adequate insurance coverage to manage potential risks.

6.2 User Conduct

As a registered business, you are responsible for managing the conduct of individuals participating in Open-To-Chat activities at your premises. This includes, but is not limited to, ensuring that participants are aware of and adhere to your business’s policies and rules. You should also take appropriate steps to ensure the safety of participants during your events, and you are expected to have plans in place to respond effectively to emergency situations or incidents of misconduct.

6.3 Indemnity for Activities in Registered Businesses

You agree to indemnify and hold harmless Open-To-Chat from any claims, liabilities, damages, or expenses (including attorney fees) arising from incidents that occur at your premises during Open-To-Chat activities.

6.4 Use of Open-To-Chat Materials

As a registered business, you may receive marketing materials, posters, or signs from Open-To-Chat. You agree to use these materials responsibly and solely for the purpose of promoting and hosting Open-To-Chat activities. You may not alter, reproduce, or use these materials for any other purpose without the express written consent of Open-To-Chat.

6.5 Safety Disclaimer

Open-To-Chat is not responsible for safety during events listed on the Service. The responsibility for safety during these events lies primarily with the businesses hosting them.

7. No Guarantees

Open-To-Chat makes no guarantees regarding the outcomes or benefits of listing your events on the Service. In particular, Open-To-Chat does not guarantee increased patronage, revenue, or any other benefits as a result of your registration.

8. Indemnification

You agree to indemnify, defend, and hold harmless Open-To-Chat, its officers, directors, employees, and agents from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your use of the Service, your violation of these Business Terms, or your violation of any rights of a third party.

9. Limitation of Liability

In no event shall Open-To-Chat be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Service; any conduct, content, or communications on the Service; and unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory.

10. Termination

Open-To-Chat reserves the right to terminate or suspend your account and access to the Service for any reason, including breach of these Business Terms.

11. Modifications

Open-To-Chat reserves the right to modify or replace these Business Terms at any time. Continued use of the Service after changes to these Business Terms constitutes acceptance of the new terms.

12. Governing Law

These Business Terms shall be governed and construed in accordance with the laws of Washington State, USA, without regard to its conflict of law provisions. You agree that any legal action or proceeding related to your use of the Service shall be brought exclusively in the federal or state courts located in Washington State, USA.

13. Intellectual Property

The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Open-To-Chat and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States of America and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Open-To-Chat.

14. Data Protection and Privacy

By registering as a business on Open-To-Chat, you agree to comply with all applicable data protection and privacy laws and regulations in respect of any personal information or data that you may collect or handle in connection with your use of the Service. This includes, but is not limited to, protecting the data, not sharing it without the express consent of the user, and promptly reporting any data breaches to Open-To-Chat and any relevant authorities.

15. Communication and Feedback

As a registered business, you may receive communication from Open-To-Chat regarding your account, the Service, or updates. You may also be contacted for feedback regarding your experience with the Service. By accepting these Business Terms, you consent to receive such communications.

16. Representations and Warranties

By registering as a business, you represent and warrant that:

17. Waiver and Severability

No waiver by Open-To-Chat of any term or condition set out in these Business Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Open-To-Chat to assert a right or provision under these Business Terms shall not constitute a waiver of such right or provision.

If any provision of these Business Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Business Terms will continue in full force and effect.

18. Promotion on Social Media

Open-To-Chat may choose to promote registered businesses or their locations on social media platforms. However, Open-To-Chat is under no obligation to promote any business and retains sole discretion regarding if, when, and at what frequency such promotions may occur. Registered businesses do not have the right to demand or claim any such promotions as an entitlement.

19. Subscription Benefits

Upon purchasing a subscription, registered businesses will receive specific benefits as outlined by Open-To-Chat, which may include, but are not limited to, being listed on the Open-To-Chat map. These benefits are subject to change, and Open-To-Chat retains the right to modify or discontinue any benefits associated with the subscription at its discretion.

20. Dispute Resolution

In the event of any dispute arising from the use of the Service, the parties agree to first attempt to resolve the matter amicably through mutual discussions. If the dispute cannot be resolved in this manner, the parties agree to participate in mediation before resorting to litigation.

21. Entire Agreement

These Business Terms, along with the General Terms of Service, constitute the entire agreement between you and Open-To-Chat regarding your use of the Service as a registered business, and supersede all prior understandings, agreements, representations, and warranties, both written and oral, regarding such use.

22. Contact Information

If you have any questions or concerns about these Business Terms, please contact us at Open-To-Chat@outlook.com.

23. Acknowledgment

BY USING THE SERVICE AS A REGISTERED BUSINESS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE BUSINESS TERMS OF USE AND AGREE TO BE BOUND BY THEM.

Effective Date: October 6th, 2023