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Terms of Service (OpeningTimes)

Effective Date: October 19, 2025 Last Updated: January 28, 2026

These Terms of Service ("Terms") govern your access to and use of the OpeningTimes platform, websites, APIs, SDKs, embeddable widgets, documentation, and related services (collectively, the "Service"). By accessing our website, creating an account, or using the Service, you agree to be bound by these Terms.

These Terms apply to:

  • Website Visitors: Individuals who browse our website (openingtimes.io) without creating an account
  • Customers: Businesses and individuals who create accounts and use our platform
  • End Users: Individuals who interact with widgets embedded on Customer websites

If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization; in that case "Customer," "you," and "your" refer to that organization.

1. Definitions

  • Company: OpeningTimes, operated by SwissOps Sàrl, a Société à responsabilité limitée organized under the laws of Switzerland ("we," "us," "our").
  • Website: Our public-facing website at openingtimes.io, including all landing pages, documentation, and marketing content.
  • Website Visitor: Any individual who accesses the Website without creating an account or logging in.
  • Customer Data: Data you or your end users submit to the Service, including POI records, opening hours, photos, reviews, notices, holiday settings, user accounts, and metadata.
  • Output: Content generated, calculated, or returned by the Service (e.g., computed opening hours, "open/closed" status, API responses, widget renderings).
  • Order: Any online sign-up, pricing plan, or mutually executed order form specifying your subscription tier, quantities, term, and fees.
  • Documentation: Our technical and user documentation, including API docs and implementation guides.
  • Authorized Users: Individuals you permit to access the Service under your account.

2. Website Usage (All Visitors)

This section applies to all individuals who access our Website, whether or not they create an account.

2.1 Website Access. We grant you a limited, non-exclusive, non-transferable right to access and view our Website for informational purposes, subject to these Terms.

2.2 Consent Management. Our Website uses a Consent Management Platform (CMP) to manage cookies and tracking technologies in compliance with applicable privacy laws:

  • Essential cookies only by default. We do not set analytics or marketing cookies until you provide consent.
  • Your choice. When you first visit, you may accept, reject, or customize your cookie preferences via the consent banner.
  • Change preferences anytime. You can modify your preferences at any time by clicking "Cookie Settings" in the website footer.

2.3 External Content. Our Website may contain embedded content from third-party services (such as YouTube videos). To protect your privacy:

  • External content is not loaded automatically when you visit a page.
  • You must click to load external content, at which point data may be transmitted to the third-party service.
  • By choosing to load external content, you acknowledge and accept the third party's terms and privacy policy.

2.4 Intellectual Property. All content on the Website (including text, graphics, logos, images, and software) is owned by us or our licensors and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our prior written consent.

2.5 Prohibited Conduct. When using the Website, you shall not:

  • Attempt to gain unauthorized access to any part of the Website or its systems.
  • Use automated tools (bots, scrapers, crawlers) to access the Website without permission.
  • Interfere with or disrupt the Website's operation or security.
  • Use the Website for any unlawful purpose.

3. Accounts & Eligibility (Customers Only)

The following sections (3–28) apply to Customers who create accounts and use the Service.

You must be at least 18 years old (or the age of majority in your jurisdiction) and capable of forming a binding contract to use the Service. You are responsible for:

  • Ensuring your account information is accurate and kept up to date.
  • Maintaining the confidentiality of your credentials.
  • All activities under your account, whether or not authorized by you.

We may refuse, suspend, or terminate accounts that are inactive, unverified, or in violation of these Terms.

4. Subscriptions, Fees & Taxes

4.1 Plans & Billing. Access to the Service is provided on a subscription basis per the selected plan (Starter, Professional, Enterprise, Custom) and any usage-based fees (e.g., API overages). Fees are due in advance unless stated otherwise in the Order.

4.2 Auto-Renewal. Subscriptions renew automatically for successive terms equal to the initial term unless either party gives notice of non-renewal at least 30 days before the end of the then-current term.

4.3 Usage Limits. Plan limits (e.g., number of POIs, API rate limits, storage, bandwidth) apply. Exceeding limits may incur overage fees at the rates set forth in your plan or Order.

4.4 Refunds. Except where required by law or explicitly stated in an Order, all fees are non-refundable and non-cancellable during the subscription term.

4.5 Taxes. Fees are exclusive of taxes, duties, and similar charges. You are responsible for all applicable taxes, excluding taxes based on our net income.

4.6 Price Changes. We may adjust fees effective on renewal with prior notice. If you do not agree, you may elect not to renew.

5. Beta Features

5.1 Beta/Preview. We may offer beta, preview, or experimental features ("Beta"). Beta is provided AS IS, without SLA or support, may be changed or discontinued at any time, and may be subject to additional terms. Beta is excluded from warranties and indemnities.

6. Rights & Ownership

6.1 Your Data. As between you and us, you own Customer Data. You grant us a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit, display, and otherwise use Customer Data and Output solely to provide, secure, support, and improve the Service and as otherwise permitted by these Terms and applicable law.

6.2 Our Service. We and our licensors own all rights, title, and interest in and to the Service, Output (excluding Customer Data within it), Documentation, designs, software, and all related IP. Except for the rights expressly granted to you, no rights are granted by implication.

6.3 Feedback. If you provide feedback, ideas, or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate it without restriction or obligation to you.

7. License & Acceptable Use

7.1 License. Subject to these Terms and timely payment of fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service and Documentation during your subscription term for your internal business purposes.

7.2 Prohibited Uses. You shall not, and shall not allow any third party to:

  • Reverse engineer, decompile, disassemble, or attempt to derive source code (except where permitted by law).
  • Circumvent or disable security, authentication, rate limiting, or usage controls.
  • Access the Service for the purpose of building a competing product or service, or to benchmark without our prior written consent.
  • Use the Service to process Prohibited Content (e.g., illegal content, malware, personal data in violation of law) or for unlawful purposes.
  • Interfere with or disrupt the Service's integrity or performance.
  • Sell, resell, rent, lease, or sublicense the Service to third parties unless expressly permitted in an Order.

7.3 Fair Use & Rate Limits. You agree to comply with plan-specific rate limits and fair-use policies as described in the Documentation and/or Order. We may throttle, suspend, or terminate abusive or disruptive usage.

8. API & Widgets

8.1 API Access. API keys are personal to your account. You must keep keys confidential and not share them publicly (including in client-side code repositories). You are responsible for API calls made with your keys.

8.2 API Attribution & Logging. We may log API usage (including endpoint, timestamps, IPs, account identifiers) for security, billing, performance, and analytics.

8.3 Widgets. Our embeddable widgets (Opening Hours, Shop, Shop Finder) may be inserted into your sites or apps subject to these Terms. You must implement them according to the Documentation and not modify, obscure, or remove any required notices. You are responsible for compliance with third-party platform policies (e.g., CMS, hosting, app stores).

8.4 Third-Party Maps/Services. If you enable third-party map tiles, geocoding, or analytics, those services are governed by their providers' terms and privacy policies; you are responsible for any associated fees and compliance.

9. Data Accuracy & Responsibilities

9.1 You Control Your Data. You are solely responsible for the accuracy, completeness, and legality of Customer Data (including business hours, locations, photos, reviews, notices, and holiday settings) and for configuring local timezones, holiday calendars, and special openings.

9.2 No Emergency or Mission-Critical Use. The Service is not designed for safety-critical or emergency services. You must not rely on it where inaccurate hours or downtime could cause personal injury, death, or severe property/environmental damage.

9.3 Output as Aid. Output (e.g., "open/closed" status, next status change, weekly views) is generated based on Customer Data and system logic. We do not guarantee that Output will be error-free, timely, or suitable for any specific purpose. You must validate critical uses.

10. Privacy, Security & Data Protection

10.1 Privacy Policy. Use of the Service is subject to our Privacy Policy (incorporated by reference).

10.2 Security. We maintain reasonable administrative, technical, and physical safeguards designed to protect Customer Data. You are responsible for user permissions, credential hygiene, and securing your endpoints and integrations.

10.3 DPA. Where required by applicable data protection laws (e.g., GDPR/UK GDPR/FDPA), our Data Processing Addendum (DPA), including appropriate transfer mechanisms (e.g., SCCs), will apply and forms part of these Terms.

10.4 Incident Response. We will notify you without undue delay upon becoming aware of a Security Incident affecting Customer Data, consistent with applicable law and our DPA.

11. Third-Party Content & Services

Your use of third-party integrations, content, or services is at your discretion and governed by those third parties' terms. We do not control and are not responsible for third-party content or services.

12. Service Availability, Support & SLA

12.1 Availability. We aim for high availability and performance; however, the Service may be unavailable due to maintenance, updates, or events beyond our reasonable control.

12.2 SLA (If Applicable). If your plan includes an SLA (e.g., 99.9% uptime) and credits for downtime, those terms are set out in your Order or the SLA page and are your sole remedy for availability issues.

12.3 Support. Support tiers and response targets are defined per plan. We may provide documentation, email support, and/or premium support for Enterprise plans as specified in the Order.

13. Modifications to the Service

We may modify features, discontinue components, or add new functionality from time to time. For changes that materially reduce core functionality, we will provide reasonable advance notice to account admins. Your continued use after changes become effective constitutes acceptance.

14. Suspension & Termination

14.1 Suspension. We may suspend access immediately if: (a) you breach these Terms; (b) your use poses a security risk, disrupts others, or may subject us to liability; (c) unpaid fees; or (d) required by law.

14.2 Termination for Cause. Either party may terminate for material breach not cured within 30 days after written notice (10 days for payment breaches).

14.3 Termination for Convenience. You may terminate at the end of your current term by providing non-renewal notice per Section 4.2.

14.4 Effect of Termination. Upon termination: (a) your right to access the Service ceases; (b) accrued fees become due; and (c) we will, upon written request within 30 days, provide a commercially reasonable export of Customer Data then delete or de-identify it per our retention policies, except where retention is required by law.

14.5 Survival. Sections 2, 6–7, 9–11, 12.2–12.3, 14.4–14.5, 15–21 survive termination.

15. Confidentiality

Each party may access the other's Confidential Information. The receiving party will use the same degree of care it uses to protect its own confidential information (and at least reasonable care), and will only use Confidential Information as necessary to perform under these Terms. Exclusions include information that is public, already known, independently developed, or rightfully disclosed by a third party. Required disclosures by law are permitted with prompt notice where lawful.

16. Intellectual Property Claims

16.1 DMCA/Content Notices. We respect IP rights. For alleged infringement regarding content hosted on the Service (e.g., photos, text), send a notice to copyright@openingtimes.io with sufficient detail (including URLs, your contact info, and a sworn statement). We may remove or disable access to alleged infringing material and may terminate repeat infringers.

16.2 Your Indemnity for Customer Data. You will defend, indemnify, and hold harmless us and our affiliates, officers, directors, and employees from and against claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to Customer Data, your use of the Service in violation of law or these Terms, or your end users' actions.

17. Warranties & Disclaimers

17.1 Mutual Warranties. Each party represents that it is duly organized and has the authority to enter into these Terms.

17.2 Service Warranty (Business Users). We warrant that during a paid subscription term the Service will materially conform to the Documentation. Your exclusive remedy for breach is repair, replacement, or service credits; if we cannot cure within a reasonable time, you may terminate and receive a pro-rata refund of prepaid fees for the remainder of the term.

17.3 General Disclaimers. EXCEPT AS EXPRESSLY STATED, THE SERVICE, OUTPUT, AND BETA ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT OUTPUT WILL BE ACCURATE OR RELIABLE.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • NO INDIRECT DAMAGES. NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COVER, LOST PROFITS, LOST REVENUE, LOSS OF GOODWILL, OR LOSS/INACCURACY OF DATA, EVEN IF ADVISED OF THE POSSIBILITY.

  • CAP. EACH PARTY'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY YOU TO US FOR THE SERVICE GIVING RISE TO THE CLAIM IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

  • EXCLUSIONS. THE ABOVE LIMITATIONS DO NOT APPLY TO: (A) YOUR PAYMENT OBLIGATIONS; (B) YOUR INDEMNITY UNDER §16.2; (C) INFRINGEMENT OR MISAPPROPRIATION OF THE OTHER PARTY'S IP; OR (D) GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD TO THE EXTENT NOT WAIVABLE BY LAW.

19. Compliance & Export

You will comply with all applicable laws, including anti-corruption, sanctions, export control, and privacy laws. You represent that you are not located in, under the control of, or a national/resident of any country or on any list prohibited by applicable export laws.

20. Dispute Resolution; Governing Law

20.1 Governing Law. These Terms are governed by the laws of Switzerland, without regard to its conflict-of-law rules.

20.2 Venue. The courts located in Canton of Vaud, Switzerland shall have exclusive jurisdiction over disputes, and the parties consent to personal jurisdiction there.

20.3 Arbitration. Any dispute arising out of or relating to these Terms may be submitted to binding arbitration administered by the Swiss Chambers' Arbitration Institution under its Swiss Rules of International Arbitration. The seat, or legal place, of arbitration shall be Lausanne, Switzerland. The language shall be English. Judgment on the award may be entered in any court of competent jurisdiction.

20.4 Class Action Waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITIES AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

20.5 Injunctive Relief. Either party may seek injunctive or other equitable relief at any time to protect its intellectual property or Confidential Information.

21. Publicity

We may use your name, logo, and marks to identify you as a customer on our website and marketing materials, consistent with your brand guidelines, unless you opt out by written notice.

22. Force Majeure

Neither party is liable for delays or failures to perform due to events beyond reasonable control (e.g., natural disasters, acts of government, war, terrorism, labor disputes, Internet or hosting failures), provided the affected party uses reasonable efforts to mitigate.

23. Changes to Terms

We may update these Terms from time to time. We will post the updated Terms with a "Last Updated" date and, if changes are material, provide reasonable notice to account admins. Changes apply prospectively. If you do not agree, you must stop using the Service before the effective date.

24. Entire Agreement; Order of Precedence

These Terms, the Order, the Privacy Policy, DPA (if applicable), SLA (if applicable), and any incorporated policies constitute the entire agreement and supersede all prior or contemporaneous agreements on the subject matter. In case of conflict, the Order prevails, then the DPA (for data processing terms), then these Terms, then the Documentation.

25. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent (not to be unreasonably withheld). We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of substantially all assets.

26. Notices

Legal notices must be in writing and deemed given when received at:

  • To Company: SwissOps Sàrl Sur-la-Croix 147 1020 Renens, Switzerland Email: info@openingtimes.io

  • To Customer: To the email/address in your account or Order.

27. Severability; Waiver

If any provision is held unenforceable, it will be modified to the extent necessary to be enforceable while preserving intent, or severed if not possible. Failure to enforce any provision is not a waiver.

28. Additional Terms for Specific Features

28.1 Version History & Audit Trails. You acknowledge that versioning/audit data may include user identifiers, IPs, and timestamps to provide accountability and compliance features.

28.2 Reviews & User Content. If you enable customer reviews/comments, you are responsible for moderation and for complying with applicable consumer, advertising, and platform laws. We may remove content alleged to be unlawful or infringing.

28.3 Holiday Calendars & Timezones. Public holiday data and timezone computations are provided on a best-effort basis and may contain inaccuracies; you are responsible for final validation before publishing.

28.4 Open Source. The Service may include third-party open-source components subject to their licenses. A current list and license terms are available upon request.

29. Contact

Questions about these Terms? Contact info@openingtimes.io or legal@openingtimes.io.

Appendix A — Acceptable Use Policy (AUP)

You agree not to use the Service to:

  1. Upload or distribute content that is illegal, defamatory, harmful, deceptive, or infringes others' rights.
  2. Introduce malware, spyware, or other malicious code.
  3. Probe, scan, or test the vulnerability of any system or network without authorization.
  4. Abuse network capacity (e.g., excessive request rates, scraping outside APIs, bypassing caching/rate limits).
  5. Misrepresent affiliation or impersonate others.
  6. Collect personal data without proper notice, lawful basis, or consent where required.
  7. Engage in spamming or unsolicited communications using details sourced via the Service.
  8. Re-identify anonymized data or attempt to access others' data.

Violations may result in suspension or termination without refund.

Appendix B — Data Processing Addendum (Summary)

(For convenience; the executed DPA controls.)

  • Roles. Customer is Controller; Company is Processor (or sub-processor).
  • Subject Matter. Processing to provide the Service (hosting, storage, rendering, analytics, support).
  • Data Types. Business contact information, POI data (opening hours, locations, photos, reviews, notices), and operational metadata.
  • Security. Technical and organizational measures include access controls, encryption in transit, backups, monitoring, and least-privilege practices.
  • Sub-processors. A current list is available upon request; notice of changes will be provided with an opportunity to object where required by law.
  • Transfers. Where applicable, transfers rely on SCCs or other lawful mechanisms.
  • Deletion/Return. Upon termination or request, Customer Data is deleted or returned within stated timelines, subject to legal retention.

Appendix C — Service Level (If Purchased)

  • Uptime Target: 99.9% monthly.
  • Exclusions: Scheduled maintenance (with prior notice), force majeure, third-party outages beyond our control, Beta features.
  • Credits: Calculated as a percentage of monthly fees for affected Service, applied to future invoices; credits are your sole and exclusive remedy for SLA breaches.

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.