Effective: 13 February 2026 | Version 1.0.0
These Terms of Service ("Terms") constitute a legally binding agreement between you and OpenChair Pty Ltd (ABN 15 245 430 486) ("OpenChair", "we", "us", or "our"), governing your access to and use of the OpenChair platform, website, APIs, and all related services (collectively, the "Platform").
By creating an account, accessing, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not access or use the Platform.
These Terms are a multi-jurisdiction document that applies to Venue Owners in Australia, New Zealand, and the United Kingdom. Where jurisdiction-specific provisions apply, they are clearly identified.
In these Terms, the following capitalised terms have the meanings set out below:
These Terms govern the Venue Owner's use of the Platform. They form the primary agreement between OpenChair and each Venue Owner.
OpenChair provides the technology infrastructure that enables Venue Owners to manage their businesses, accept bookings, process payments, and engage with their clients. OpenChair is a technology provider, not a party to the transactions between Venue Owners and their End Users.
The Venue Owner is the merchant of record for all services rendered to End Users. This means:
OpenChair does not endorse, guarantee, or assume liability for any service offered by a Venue Owner to an End User through the Platform.
To use the Platform, you must meet all of the following eligibility requirements:
To access the Platform, you must create an account by providing accurate, current, and complete information during the registration process.
You agree to provide truthful and accurate information when registering your account, including your legal business name, trading name, business address, contact details, and any other information requested. You must promptly update your account information if any details change.
You are responsible for maintaining the confidentiality of your account credentials, including your password. You must:
You must notify OpenChair immediately at security@tryopenchair.com if you become aware of or suspect any unauthorised access to your account, any security breach, or any unauthorised use of your credentials. You are responsible for all activity that occurs under your account, whether or not you authorised such activity, except to the extent caused by OpenChair's negligence or breach of these Terms.
OpenChair reserves the right to suspend, disable, or terminate your account if we reasonably believe that the information you provided is inaccurate, incomplete, or fraudulent, or if your account has been compromised.
Subject to your compliance with these Terms and payment of all applicable fees, OpenChair grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Platform solely for the purpose of managing your Venue's business operations during the term of your Subscription.
You agree to use the Platform only for its intended purpose: managing a legitimate service-based venue business. You must comply with all applicable laws, regulations, and industry standards in your Venue Country when using the Platform.
You agree not to, and not to permit any third party to:
OpenChair may investigate suspected breaches and take proportionate action reasonably required to protect the Platform, users, and third parties, including suspension or termination where justified and reporting unlawful conduct to relevant law enforcement authorities.
OpenChair may offer a free trial period for new accounts. The duration and terms of the free trial will be specified at the time of registration. During the free trial:
OpenChair may offer invite-only programmes or promotional access, including the Founding Member Programme. Where we approve your business for one of these offers, the specific benefits, duration, credits, and requirements disclosed in your invitation, approval email, or signup flow form part of that offer.
Nothing in this section limits any non-excludable rights you may have under applicable law.
Paid Subscriptions are billed on a recurring basis (monthly or annually, as selected by you) through our payment processor, Stripe. By subscribing to a paid plan, you authorise OpenChair and Stripe to charge the payment method on file for the applicable fees at the beginning of each billing cycle.
All fees are charged in the local currency of your Venue Country:
In addition to Subscription fees, certain plans may include transaction fees (a percentage of bookings or payments processed through the Platform). Transaction fee rates are specified on our pricing page and in the plan details at the time of subscription.
All paid Subscriptions automatically renew at the end of each billing cycle unless you cancel before the renewal date. You will be charged the then-current rate for your plan at the time of renewal. OpenChair will provide reasonable notice of any price increases before they take effect.
You may cancel your Subscription at any time through your account settings or by contacting our support team. Cancellation takes effect at the end of the current billing period unless a longer minimum term is expressly agreed in your Order. Upon cancellation:
OpenChair does not provide refunds or credits for partial months, partial billing cycles, or unused features within a billing period. If you downgrade your plan mid-cycle, the lower rate will apply from the start of the next billing cycle.
If a payment fails, OpenChair will attempt to charge the payment method on file again over a reasonable retry period. If payment cannot be collected, we may suspend or restrict access to paid features until the outstanding balance is resolved.
All fees are exclusive of applicable taxes (including GST in Australia and New Zealand, and VAT in the United Kingdom) unless otherwise stated. You are responsible for paying all taxes associated with your use of the Platform. OpenChair will include applicable taxes on invoices where required by law.
As a Venue Owner, you accept the following obligations and responsibilities:
You must ensure that all business information displayed on your venue storefront and within your account is accurate, current, and not misleading. This includes your business name, address, contact details, service descriptions, pricing, availability, and any qualifications or certifications you claim to hold.
You are responsible for complying with all consumer protection laws applicable in your Venue Country when interacting with End Users through the Platform. This includes, but is not limited to:
You must maintain your own privacy policy that is compliant with all applicable privacy and data protection laws in your Venue Country. Your privacy policy must be made accessible to your End Users and must accurately describe how you collect, use, store, and disclose their personal information. OpenChair is not responsible for the adequacy or compliance of your privacy policy.
You are solely responsible for determining and fulfilling your own tax obligations, including the collection and remittance of any applicable sales tax, goods and services tax (GST), value added tax (VAT), income tax, or other taxes arising from the services you provide to End Users. OpenChair does not provide tax advice and is not responsible for your tax compliance.
You must hold and maintain all licences, permits, registrations, and insurance required to operate your Venue and provide your services in your Venue Country. You must not use the Platform to offer services that you are not lawfully permitted to provide.
If you grant access to the Platform to your employees, contractors, or other team members, you are responsible for their actions on the Platform. You must ensure that all team members comply with these Terms. You are liable for any breach of these Terms by any person who accesses the Platform through your account.
The Platform, including all source code, software, databases, functionality, designs, user interfaces, text, graphics, logos, trademarks, service marks, and all other intellectual property embodied in or associated with the Platform (collectively, "OpenChair IP"), is owned by or licensed to OpenChair and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
Nothing in these Terms transfers or assigns any ownership of OpenChair IP to you. The licence granted under Section 5.1 does not confer any right to use OpenChair's name, logo, or trademarks without our prior written consent.
You retain full ownership of all Content that you upload, submit, or display through the Platform ("Your Content"). OpenChair does not claim ownership of Your Content.
You are solely responsible for Your Content, including ensuring that it does not infringe on the intellectual property rights, privacy rights, or any other rights of any third party.
By uploading Your Content to the Platform, you grant OpenChair a limited, non-exclusive, worldwide, royalty-free licence to use, reproduce, display, distribute, and transmit Your Content solely for the purposes of:
This licence terminates when you remove Your Content from the Platform or when your account is terminated, except where Your Content has been shared with or relied upon by third parties (for example, in the context of confirmed bookings) or where retention is required by law.
If you provide OpenChair with any feedback, suggestions, or ideas regarding the Platform ("Feedback"), you agree that OpenChair may freely use, reproduce, modify, and incorporate such Feedback without any obligation to you, including without compensation or attribution.
OpenChair's collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you acknowledge that you have read and understood our Privacy Policy.
With respect to the personal data of your End Users and clients that is processed through the Platform:
Where OpenChair processes personal data on behalf of a Venue Owner, our Data Processing Addendum (DPA) forms part of these Terms and is incorporated by reference. The current DPA is available at /dpa and sets out processor obligations, subprocessor controls, confidentiality, security, and assistance obligations. If your procurement process requires a signed DPA, please contact us at legal@tryopenchair.com.
OpenChair implements appropriate technical and organisational measures to protect personal data processed through the Platform against unauthorised access, alteration, disclosure, or destruction. However, no method of electronic transmission or storage is completely secure, and we cannot guarantee absolute security.
The Platform integrates with and relies upon certain third-party services to provide its functionality. By using the Platform, you acknowledge and agree to the following:
The Platform currently integrates with the following third-party services (among others):
By using the Platform, you agree to comply with the terms of service and policies of any third-party service that you access or use through the Platform. OpenChair is not responsible for the availability, accuracy, content, or policies of any third-party service.
A list of our current sub-processors (third-party services that process personal data on our behalf) is available on our Sub-Processors page. We will update this list when we engage new sub-processors and will provide reasonable notice of changes.
OpenChair does not endorse, warrant, or assume any responsibility for any third-party service, and shall not be a party to or responsible for monitoring any transaction between you and any third-party provider. The availability of third-party integrations does not imply endorsement by OpenChair.
To the maximum extent permitted by applicable law, OpenChair's total aggregate liability to you for all claims arising out of or in connection with these Terms, the Platform, or the Services, whether in contract, tort (including negligence), strict liability, or otherwise, shall not exceed the total amount of fees actually paid by you to OpenChair in the twelve (12) months immediately preceding the event giving rise to the claim.
To the maximum extent permitted by applicable law, in no event shall OpenChair, its directors, officers, employees, agents, affiliates, or licensors be liable for any:
These exclusions apply whether or not OpenChair has been advised of the possibility of such damages and regardless of the theory of liability.
Notwithstanding anything else in these Terms, nothing in these Terms shall be construed as excluding, restricting, or modifying the application of any legislation that by law cannot be excluded, restricted, or modified:
OpenChair does not guarantee that the Platform will be available at all times or that it will be free from errors, bugs, or interruptions. The Platform is provided on an "as is" and "as available" basis. While we strive to maintain high availability, we shall not be liable for any downtime, service interruptions, or data loss arising from circumstances beyond our reasonable control, including infrastructure failures, natural disasters, or acts of third parties.
You may terminate your account and these Terms at any time by cancelling all active Subscriptions and ceasing use of the Platform via your account settings or by emailing support@tryopenchair.com. Termination takes effect on the later of: (a) the cancellation effective date under section 6.6; and (b) completion of any active data export period under section 12.4.
OpenChair may terminate your account and these Terms by providing you with at least thirty (30) days' written notice via email. OpenChair may also terminate or suspend your account immediately, without prior notice, if:
Upon termination of your account for any reason:
Following termination, you will have a period of thirty (30) days to export your data from the Platform. During this data export period, you will have limited read-only access to your account for the sole purpose of downloading your data. After the 30-day data export period, OpenChair may permanently delete your data in accordance with our data retention policies, unless retention is required by applicable law.
It is your responsibility to export any data you wish to retain before the data export period expires. OpenChair will provide reasonable assistance with data export upon request.
The governing law and jurisdiction applicable to these Terms is determined by your Venue Country:
If your Venue is located in Australia, these Terms are governed by and construed in accordance with the laws of Queensland, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Queensland, Australia, and any courts of appeal therefrom, for the resolution of any dispute arising out of or in connection with these Terms.
If your Venue is located in New Zealand, these Terms are governed by and construed in accordance with the laws of New Zealand. You irrevocably submit to the exclusive jurisdiction of the courts of New Zealand for the resolution of any dispute arising out of or in connection with these Terms.
If your Venue is located in the United Kingdom, these Terms are governed by and construed in accordance with the laws of England and Wales. You irrevocably submit to the exclusive jurisdiction of the courts of England and Wales for the resolution of any dispute arising out of or in connection with these Terms.
Before initiating any formal legal proceedings, both parties agree to attempt to resolve any dispute informally by contacting the other party and negotiating in good faith for a period of at least thirty (30) days. For OpenChair, informal dispute notices should be sent to legal@tryopenchair.com.
OpenChair may modify, update, or replace these Terms from time to time where reasonably required to reflect changes in our Services, legal requirements, security, or business operations. We may update these Terms to reflect changes in our Services, legal requirements, or business practices.
We will provide you with at least thirty (30) days' notice before any material changes to these Terms take effect. Notice will be provided via email to the address associated with your account. We may also display a prominent notice within the Platform. The updated Terms will include a revised effective date and version number.
Your continued use of the Platform after the 30-day notice period constitutes your acceptance of the updated Terms. If you do not agree with the updated Terms, you must stop using the Platform and terminate your account before the updated Terms take effect. If you terminate your account due to a change in Terms, the previous version of the Terms will govern the termination process.
If you have any questions, concerns, or requests regarding these Terms or the Platform, please contact us using the details below:
OpenChair Pty Ltd
Brisbane, QLD
Australia
Legal enquiries: legal@tryopenchair.com
General support: support@tryopenchair.com
Security issues: security@tryopenchair.com
We will endeavour to respond to all enquiries within a reasonable timeframe.