Terms of Service

Version 1.0  ·  Effective [DATE]

1. Who we are

Open Till Close (the “App”) is provided by Jiae Oh (“we”, “us”, “our”) of 103 Berwick Avenue, Stockport, Greater Manchester, United Kingdom.

You can contact us at support@open-till-close.com.

2. Definitions

• “Owner” — the person who creates and controls a Store, and who holds any paid subscription.
• “Store” — a workspace representing a café, restaurant or other venue.
• “Staff Member” — a person invited by an Owner to a Store.
• “User”, “you” — any Owner or Staff Member.
• “Records” — checklist completions, temperature logs, inventory entries and any other data created through use of the App.
• “Subscription” — a paid plan purchased through the Apple App Store or Google Play.

3. Eligibility and acceptance

By creating an account you confirm that:

• you are at least 16 years old;
• if you are an Owner, you have authority to accept these Terms on behalf of your business;
• the information you provide to us is accurate and kept up to date.

4. Your account

You may register using an email address and password, or via Google or Apple sign-in.

You are responsible for keeping your login credentials confidential and for all activity carried out under your account. You must notify us promptly at support@open-till-close.com if you become aware of any unauthorised use.

We are not liable for any loss arising from your failure to keep your credentials secure.

5. Stores, staff and Records

5.1 Creating a Store

An Owner may create a Store and configure checklists, temperature checks, inventory items and other tasks within it.

5.2 Inviting Staff Members

An Owner may invite Staff Members by email. The invited person verifies their email address and a profile is created within that Store.

5.3 Managing Staff Members

An Owner may create, edit, deactivate or remove Staff Member profiles from their Store at any time. Removing a profile revokes that person’s access to the Store.

Removing a profile from a Store does not delete that person’s account. Only the individual may delete their own account.

5.4 Records

Records are timestamped and attributed to the Staff Member profile that created them. Owners may view Records in real time and export them as PDF or CSV files.

Where a Staff Member is removed from a Store, or deletes their own account, their historical Records remain with the Store and will display the profile name recorded at the time. This is necessary so that the Store retains a complete and unbroken operational record.

5.5 Retention of Records

Records are kept for 12 months, after which they are automatically and permanently deleted.

If your business needs to keep Records for longer than 12 months — for example, to evidence food safety compliance — export them as PDF or CSV (clause 5.4) before the 12-month period ends. It is the Owner’s responsibility to export and retain any Records required by law or regulation; we do not advise on what that period should be, and we cannot recover Records once the 12 months have passed.

5.6 Deleting a Store

An Owner may delete their Store at any time. On deletion, all Store data — including all Records and all Staff Member profiles within it — enters a 30-day grace period, during which the Owner may restore it themselves from My stores in the app. We notify the Owner when a Store is deleted and again shortly before the grace period ends. After that period it is permanently deleted and cannot be recovered by any means.

6. Free and paid plans

6.1 Basic (free)

The Basic plan is provided free of charge, with the features described in the App at the relevant time. We may change the features included in the Basic plan on 30 days’ notice.

6.2 Premium (paid)

The Premium plan provides the additional features described at the point of purchase.

6.3 Subscription terms

Before you subscribe, you should understand the following:

• Billing period: monthly.
• Price: as displayed in the App Store or Google Play at the time of purchase, in GBP, inclusive of VAT where applicable.
• Automatic renewal: your Subscription renews automatically at the end of each monthly period and your payment method will be charged, unless you cancel at least 24 hours before the current period ends.
• How to cancel: through your Apple ID or Google Play account settings. We cannot cancel a Subscription on your behalf.
• Effect of cancelling: you retain Premium access until the end of the period you have paid for. Your account then reverts to Basic. Your data is not deleted.

6.4 Price changes

We may change Subscription prices on at least 30 days’ notice, given by email and in the App. Any new price applies from your next renewal date. If you do not wish to accept it, you may cancel before that date.

6.5 Payment

All payments are processed by Apple or Google. We do not receive, process or store your payment card details. Their terms and conditions apply to the transaction.

7. Cancellation and refunds

7.1 Refunds

Refunds for in-app purchases are handled by Apple or Google, not by us, in accordance with their own policies. We have no technical ability to issue, reverse or process a charge made through those platforms.

If you believe you are entitled to a refund, contact Apple or Google directly. If the platform declines and you believe you have a statutory right to a refund, contact us at support@open-till-close.com and we will assist you.

7.2 Right to cancel (consumers)

If you are a consumer in the United Kingdom, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 give you 14 days to cancel a distance contract for digital services.

However, by purchasing a Subscription and accessing Premium features immediately, you expressly request that the service begins during the cancellation period and you acknowledge that you will lose your right to cancel once the service has been fully performed. You will be asked to confirm this at the point of purchase.

This right does not apply where you are purchasing in the course of a business.

7.3 Your statutory rights

Under the Consumer Rights Act 2015, digital content supplied to consumers must be of satisfactory quality, fit for purpose, and as described. Nothing in these Terms limits or excludes those rights.

8. Acceptable use

You must not:

• use the App for any unlawful purpose, or in breach of data protection or employment law;
• upload content that is unlawful, defamatory, harassing, or that infringes the rights of any third party;
• attempt to access any part of the App, any Store, or any user’s data without authorisation;
• reverse engineer, decompile or disassemble the App, except to the extent this restriction is prohibited by law;
• use automated means to scrape, extract or bulk-download data from the App;
• interfere with or disrupt the App, its servers or its networks;
• resell, sublicense, or make the App available to third parties as a service without our written consent;
• create a profile for any person who has not been informed of, and has not accepted, the terms on which their data will be processed;
• falsify any Record, or instruct or pressure any other person to falsify a Record;
• circumvent any usage limit, paywall or access control.

We may investigate suspected breaches and may suspend or terminate access where appropriate.

9. Availability and changes

We aim to keep the App available at all times but we do not guarantee uninterrupted or error-free service. The App may be unavailable due to maintenance, updates, or circumstances beyond our reasonable control.

We may modify, add to, or remove features. Where a change materially and adversely affects a paid feature you rely on, we will give at least 30 days’ notice, and you may cancel your Subscription.

We may suspend or terminate your access immediately where you materially breach these Terms, where we are required to do so by law, or where your use poses a security risk to other users. Where reasonably practicable we will give you notice and an opportunity to remedy the breach.

If we decide to discontinue the App entirely, we will give at least 90 days’ notice, allow you to export your data, and refund any prepaid and unused portion of your Subscription.

10. Ending this agreement

• Staff Members may delete their account at any time in Settings. Your profile is removed and your personal details are deleted or anonymised. Records you created remain with the Store, as the Owner is the data controller for them.
• Owners may cancel their Subscription (through Apple or Google) and delete their Store at any time. See clause 5.6.

11. Intellectual property

The App, its software, design and branding remain our property. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the App for its intended purpose.

Your data remains yours. You grant us a licence to host, store, process, transmit and display it solely for the purpose of providing the App to you.

We may use fully anonymised and aggregated statistics — which cannot identify you, your business, or any individual — to improve the App.

12. Data protection and your responsibilities as an Owner

Our processing of personal data is described in our Privacy Policy.

Where we process the personal data of Staff Members on behalf of a Store, the Owner is the data controller and we are the data processor. The Data Processing Agreement at Annex A applies and forms part of these Terms.

Each Owner warrants and undertakes that they will:

1. have a valid lawful basis under the UK GDPR for sharing Staff Member personal data with us, and for the monitoring the App carries out;
2. inform each Staff Member, before or at the point of invitation, that their task activity will be recorded, timestamped, attributed to them by name, visible to the Owner in real time, and exportable as a report;
3. carry out a Data Protection Impact Assessment where one is required;
4. comply with all applicable obligations under the UK GDPR, the Data Protection Act 2018, and employment law in relation to workplace monitoring;
5. respond to any data subject rights request made by a Staff Member in relation to their Records, as the Owner is the controller of that data;
6. not use the App to monitor any individual covertly, or in a manner they have not been informed of.

The Owner indemnifies us against all claims, losses, fines, penalties and reasonable legal costs arising from any breach of the undertakings in this clause 12, or from the Owner’s failure to comply with data protection or employment law. This indemnity is subject to the limitations at clause 13.1.

13. Liability

13.1 What we never exclude

Nothing in these Terms limits or excludes our liability for:

• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation;
• any liability that cannot lawfully be limited or excluded, including your statutory rights as a consumer.

13.2 The App is a tool, not a compliance guarantee

• You remain solely responsible for your own compliance obligations.
• You remain solely responsible for the accuracy and truthfulness of every Record entered by you or your Staff Members.
• We make no representation that Records exported from the App will be accepted as evidence by any regulator, Environmental Health Officer, insurer, tribunal or court.
• While we maintain backups, you are responsible for exporting and retaining your own copies of any Records you are legally required to keep.

13.3 Consumers

If you use the App as a consumer, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable.

13.4 Business users

If you use the App for the purposes of a business, then to the fullest extent permitted by law:

• all warranties, conditions and terms implied by statute or common law are excluded;
• we are not liable for loss of profit, loss of business, loss of revenue, loss of goodwill or reputation, business interruption, loss of anticipated savings, loss of data, regulatory fines or penalties, or any indirect or consequential loss, however arising;
• our total aggregate liability arising out of or in connection with these Terms in any 12-month period is limited to the greater of (a) the total fees you paid to us in the 12 months preceding the claim, and (b) £100.

14. Changes to these Terms

We may amend these Terms from time to time. Where a change is material, we will give at least 30 days’ notice in the App and by email. If you do not accept the change, you may cancel your Subscription and delete your account before it takes effect. Continued use after that date constitutes acceptance.

15. General

• Entire agreement. These Terms, the Privacy Policy and Annex A constitute the entire agreement between us.
• Severance. If any provision is found unlawful or unenforceable, the remainder continues in full force.
• No waiver. A delay in enforcing any right is not a waiver of it.
• Assignment. You may not assign these Terms. We may assign them on notice, provided your rights are not prejudiced.
• Third parties. Except as stated below, no third party has any right to enforce these Terms under the Contracts (Rights of Third Parties) Act 1999.
• Apple and Google. These Terms are between you and us, and not with Apple or Google. Neither is responsible for the App or for any claim relating to it. However, each is a third-party beneficiary of these Terms and may enforce them against you.

16. Governing law

These Terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction. If you are a consumer resident in Scotland or Northern Ireland, you may also bring proceedings in your local courts.

17. Contact

Support: support@open-till-close.com
Privacy: privacy@open-till-close.com
Post: 103 Berwick Avenue, Stockport, Greater Manchester, United Kingdom

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Annex A — Data Processing Agreement

This Annex forms part of the Terms of Service and applies where we process personal data on behalf of a Store. It requires no separate signature. A signed counterpart is available on request.

A1. Roles

• Controller: the Store Owner.
• Processor: Jiae Oh.

A2. Subject matter, duration, nature and purpose

We process personal data for the duration of the Owner’s use of the App, plus the retention periods set out in the Privacy Policy. The processing consists of the collection, storage, retrieval, display and export of Staff Member task and operational records, for the purpose of providing the App.

A3. Categories of data subject and personal data

Data subjects: Staff Members invited to the Store.

Personal data: profile name, email address, authentication identifier, and task records (task, timestamp, values entered, and any notes).

A4. Our obligations as Processor

We shall:

1. process personal data only on the Controller’s documented instructions — given through the Owner’s use of the App and these Terms — unless required to do otherwise by law, in which case we will notify the Owner unless legally prohibited from doing so;
2. ensure that persons authorised to process the data are subject to a duty of confidence;
3. implement appropriate technical and organisational measures in accordance with Article 32 UK GDPR;
4. not engage a sub-processor without general written authorisation. The Owner authorises the sub-processors listed in the Privacy Policy. We will give at least 30 days’ notice of any intended change, and the Owner may object on reasonable data protection grounds; if the objection cannot be resolved, the Owner may terminate and receive a pro-rata refund;
5. assist the Controller, so far as reasonably possible, in responding to requests from data subjects exercising their rights;
6. assist the Controller with data protection impact assessments, breach notification, and prior consultation with the Information Commissioner’s Office, taking into account the nature of the processing and the information available to us;
7. notify the Controller without undue delay, and in any event within 48 hours, upon becoming aware of a personal data breach affecting their data;
8. at the Controller’s choice, delete or return all personal data on termination, subject to the grace period at clause 5.6 and to any legal retention obligation;
9. make available all information necessary to demonstrate compliance with this Annex, and allow for and contribute to audits, on reasonable notice and no more than once per calendar year unless required by a supervisory authority.

A5. Controller obligations

The Owner warrants that they have complied, and will continue to comply, with each of the undertakings set out at clause 12 of the Terms of Service, and that their instructions to us will not cause us to breach applicable data protection law.

A6. International transfers

Personal data is stored in the United Kingdom. Where a sub-processor processes data outside the UK, we ensure an appropriate safeguard is in place, as described in the Privacy Policy. The Owner authorises such transfers.

A7. Liability

Liability under this Annex is subject to the limitations at clause 13 of the Terms of Service, save to the extent such limitation is prohibited by law.