1. Who Can Use OpenTruck
You must be at least 13 years old to use the Service. If you use the Service on behalf of a business (for example, as a food truck vendor), you represent that you are authorized to bind that business to these Terms.
2. Your Account
You are responsible for the information you provide, for keeping your login credentials secure, and for all activity that occurs under your account. Notify us promptly at support@getopentruck.com if you suspect unauthorized use of your account.
3. The Service
OpenTruck helps customers discover nearby food trucks and helps vendors manage their presence, menus, schedules, updates, and orders. Truck availability, locations, hours, menus, and pricing are provided by vendors, and OpenTruck does not guarantee their accuracy, availability, or quality.
4. Vendor Terms
If you use OpenTruck as a vendor, you are solely responsible for your food products, pricing, food safety, licensing, tax obligations, and compliance with all applicable laws. You represent that content you post (including menus, photos, and schedules) is accurate and that you have the rights to share it. OpenTruck is a technology platform and is not the seller of your food.
5. Orders and Payments
Certain features let vendors accept orders and payments, and let customers place orders. Payments are processed by Stripe, and by using these features you also agree to Stripe's applicable terms. Vendor subscriptions and any fees are described at the point of purchase. Except where required by law or stated otherwise, fees are non-refundable. Disputes about a specific order are primarily between the customer and the vendor.
6. SMS and Notifications
If you opt in, we may send you SMS messages and push notifications as described in our SMS Terms and Privacy Policy. You can opt out of SMS by replying STOP, and you can manage push notifications in your device settings.
7. Acceptable Use
You agree not to:
- Violate any law or the rights of others
- Post false, misleading, harmful, or infringing content
- Attempt to disrupt, reverse engineer, or gain unauthorized access to the Service
- Use the Service to harass, abuse, or harm another person
- Scrape or misuse data from the Service without our permission
8. User Content
You retain ownership of content you submit. You grant OpenTruck a non-exclusive, worldwide, royalty-free license to host, display, and distribute that content as needed to operate and promote the Service. You are responsible for the content you post, and we may remove content that violates these Terms.
9. Intellectual Property
The Service, including its software, design, and OpenTruck branding, is owned by OpenTruck, LLC and protected by intellectual property laws. These Terms do not grant you any right to use our trademarks without our prior written permission.
10. Third-Party Services
The Service relies on and may link to third-party services (for example, Stripe, Supabase, and mapping providers). We are not responsible for third-party services, and your use of them may be subject to their own terms.
11. Disclaimers
The Service is provided “as is” and “as available” without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, or error-free.
12. Limitation of Liability
To the maximum extent permitted by law, OpenTruck, LLC and its officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, or goodwill, arising from your use of the Service. Our total liability for any claim relating to the Service will not exceed the greater of the amounts you paid us in the twelve months before the claim or one hundred U.S. dollars ($100).
13. Indemnification
You agree to indemnify and hold harmless OpenTruck, LLC from any claims, damages, losses, and expenses (including reasonable legal fees) arising from your use of the Service, your content, or your violation of these Terms or applicable law.
14. Termination
You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you violate these Terms or if necessary to protect the Service or other users. Provisions that by their nature should survive termination will survive.
15. Changes to the Service and Terms
We may modify the Service or these Terms from time to time. If we make material changes to these Terms, we will provide notice as required by law. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
16. Governing Law
These Terms are governed by the laws of the State of Alabama and the United States, without regard to conflict-of-law principles. Any disputes will be resolved in the state or federal courts located in Alabama, unless otherwise required by applicable law.
17. App Store Distribution
The OpenTruck app is distributed through the Apple App Store and Google Play. Your use of the app must also comply with the applicable app store terms. The app stores are not parties to these Terms and are not responsible for the Service.
18. Contact Us
Questions about these Terms? Contact us:
OpenTruck, LLC
9104 Paula Dr.
Semmes, AL 36575
Email: support@getopentruck.com