Terms of Service

Effective date: June 14, 2026 · Version 2.0

1. Acceptance of Terms

By accessing or using the OpenStand platform (the "Service"), including the OpenStand website and mobile web application, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms in their entirety, do not access or use the Service.

These Terms form a legally binding contract between you and OpenStand ("OpenStand," "we," "us," or "our"). They apply to all users, including consumers who browse the map and vendors who publish sessions on the platform. These Terms, together with our Privacy Policy and any additional policies referenced herein, constitute the entire agreement between you and OpenStand regarding the Service.

By registering for an account or using any feature of the Service, you represent that you are at least 18 years of age and have the legal capacity to enter into this agreement. If you are using the Service on behalf of a business or other legal entity, you represent that you have authority to bind that entity to these Terms.

OpenStand reserves the right to update these Terms at any time. For material changes, we will provide at least 14 days' advance notice through the Service or via email before the changes take effect. For non-material changes, the updated Terms become effective upon posting. Your continued use of the Service after the effective date of any change constitutes acceptance of the revised Terms.

2. Description of the Service

OpenStand is a real-time map platform that connects consumers with nearby temporary roadside vendors — including farm stands, BBQ tents, produce vendors, seafood vendors, craft booths, and seasonal pop-ups. The Service allows consumers to discover vendors that are currently active near them and vendors to publish temporary Stand Sessions and maintain a persistent vendor profile.

OpenStand is a discovery and visibility platform only. It does not facilitate or process payments, fulfill orders, provide navigation, certify vendor compliance with health or safety regulations, verify vendor identity, endorse any vendor or their products, or guarantee vendor availability. OpenStand may introduce additional features over time, including paid promotional placements, which will be subject to these Terms and any additional terms presented at that time.

3. Accounts and Registration

3.1 Account Creation

Authentication is provided through Clerk, a third-party identity provider. By creating an account, you authorize OpenStand to receive and store the account information provided through the authentication process. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

3.2 Role Selection

Upon registration, users select a role: Consumer or Vendor. Vendors must complete an onboarding flow before publishing sessions, including providing a vendor name and optionally a bio, typical hours, and payment handle. Role selection determines the features and dashboard available to you.

3.3 Payment Handles

Vendors may optionally provide a payment handle (such as a Venmo username or CashApp tag) to display on their profile. OpenStand does not process, verify, facilitate, or take responsibility for any payment handle information. OpenStand does not guarantee the accuracy of any payment handle, and consumers who send funds based on payment handle information displayed on the platform do so entirely at their own risk. OpenStand is not responsible for any loss, fraud, or dispute arising from payments made outside the platform.

3.4 Account Accuracy and Integrity

You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You may not share, transfer, or sell your account. You may not operate multiple accounts to circumvent suspensions or other enforcement actions.

3.5 Minors

The Service is not directed to individuals under the age of 18. If OpenStand becomes aware that a minor has created an account, that account will be terminated and associated data deleted.

3.6 Suspension and Termination

You may delete your account at any time. OpenStand reserves the right to suspend, restrict, or permanently terminate any account that violates these Terms, engages in fraudulent activity, or poses a risk to the platform or its users. Upon termination, your right to access the Service ceases immediately.

4. Vendor Terms and Responsibilities

4.1 Stand Sessions

Vendors create temporary Stand Sessions to appear as live pins on the OpenStand map. Vendors are solely responsible for the accuracy of all session information, including location, operating hours, available inventory, descriptions, and tags. OpenStand does not review or verify session content before it is published.

4.2 Go Live Obligations

By going live on OpenStand, a vendor represents and warrants that:

Their physical stand is open and accessible to the public at the posted location at the time of going live.
All session details, including inventory tags, hours, and descriptions, are accurate at the time of publishing.
They hold all permits, licenses, and approvals required by applicable local, state, and federal law to operate at the posted location.
They will close or cancel their session promptly when they cease operations.

4.3 Automated Session Status Changes

OpenStand uses automated processes to manage session states. Sessions whose end time passes without the vendor actively closing them will transition to an "unconfirmed" status and may be marked accordingly on the map. Vendors are responsible for actively managing their session status and may not hold OpenStand liable for any consequence of automated status transitions.

4.4 Session Cooldowns

A new session may not be created within 30 minutes and within 100 meters of a recently closed or cancelled session. OpenStand reserves the right to adjust cooldown parameters to protect the integrity of the platform.

4.5 Session Modifications

Vendors may cancel a live session within a 15-minute grace period and reactivate it within that window. Sessions may be extended up to a maximum of 4 hours, with no extension permitted past midnight. Saved Sessions (reusable templates) are not visible to consumers until a vendor goes live using that template.

4.6 Vendor Presence

Vendors who have completed at least one live session within the preceding 120 days will appear as an inactive pin on the map even when not currently live, displaying their name, bio, typical hours, and most recent activity date. Vendors who wish to remove their inactive presence entirely must delete their account.

4.7 Regulatory Compliance

Vendors are solely responsible for compliance with all applicable laws, regulations, and ordinances governing their operations, including local vending permits, food handler certifications, health department regulations, sales tax collection, and zoning requirements. OpenStand does not verify vendor compliance and makes no representation that any vendor holds required permits, has passed any inspection, or is approved to operate by any government authority.

4.8 Prohibited Vendor Conduct

In addition to the general prohibitions in Section 7, vendors may not:

Create false, misleading, or deceptive session listings, including inaccurate locations or fabricated inventory.
Publish a live session for a location they do not physically occupy at the time of going live.
Use the platform to advertise or facilitate the sale of illegal goods or services.
Post offensive, discriminatory, harassing, or unlawful content in any profile field, session description, or tag.
Create custom tags intended to mislead consumers or manipulate filter results.
Create multiple vendor accounts to circumvent enforcement actions or cooldown restrictions.

5. Consumer Terms and Responsibilities

5.1 Use of Map Data

Consumer access to the OpenStand map is provided for personal, non-commercial use only. Any systematic collection, aggregation, redistribution, or commercial use of vendor data displayed on the platform is prohibited without prior written consent from OpenStand.

5.2 No Guarantee of Availability or Quality

OpenStand displays vendor information on a best-effort, real-time basis. Vendor session data refreshes approximately every 30 seconds and may not reflect a vendor's current status. OpenStand does not guarantee that any vendor will be present, open, stocked, or operating when you arrive. Consumers assume all risk associated with traveling to and purchasing from vendors discovered through the Service.

5.3 Navigation

Navigation is provided by launching Google Maps externally. OpenStand is not responsible for navigation accuracy, driving directions, road or traffic conditions, or any outcome — including accidents, injuries, property damage, or traffic violations — arising from travel to a vendor location, whether navigated through Google Maps or otherwise.

5.4 Consumer Conduct Toward Vendors

Consumers may not use information obtained through the Service to harass, stalk, intimidate, or threaten any vendor or their employees. Consumers who engage in such conduct will have their accounts terminated and may be reported to law enforcement.

6. General Disclaimers

6.1 No Endorsement

The appearance of any vendor on OpenStand does not constitute an endorsement, recommendation, certification, approval, or warranty of any kind by OpenStand. OpenStand makes no representation that any vendor is reputable, qualified, licensed, safe, or suitable for any purpose. Consumers are solely responsible for evaluating vendors before making any purchase or traveling to any location.

6.2 Food and Health Safety

OpenStand has no knowledge of, control over, or ability to verify any vendor's food handling practices, storage conditions, preparation environments, ingredient sourcing, allergen content, or compliance with food safety regulations. OpenStand makes no representation that any food or beverage product offered by any vendor on the platform is safe, accurately described, free from contaminants or allergens, or fit for consumption.

OpenStand does not inspect, certify, or verify that any food vendor holds a valid food handler permit, health department certification, or any other regulatory approval. A vendor's presence on the platform is not an indication of regulatory compliance.

Consumers who purchase food, beverages, or perishable goods from vendors discovered through OpenStand do so entirely at their own risk. OpenStand strongly encourages consumers to exercise their own judgment regarding food safety, ingredient content, and vendor practices before making any purchase.

6.3 Physical Safety at Vendor Locations

OpenStand provides a location coordinate only. OpenStand has no knowledge of, control over, or ability to verify road conditions, parking availability, lighting, accessibility, traffic hazards, or any physical condition at or near any vendor location. Consumers travel to vendor locations at their own risk. OpenStand is not responsible for any accident, injury, property damage, or loss that occurs at or while traveling to a vendor location.

6.4 Vendor-Supplied Information

All session content displayed on OpenStand — including vendor names, locations, hours, inventory descriptions, tags, prices, and payment handle information — is supplied entirely by vendors without review or verification by OpenStand. Such information may be inaccurate, incomplete, outdated, or false. OpenStand bears no responsibility for any decision made in reliance on vendor-supplied information.

6.5 Transactions Between Users

OpenStand is not a party to any transaction, exchange, or interaction between a consumer and a vendor. OpenStand does not process payments, hold funds, mediate disputes, or provide any buyer or seller protection with respect to any transaction. Any payment, exchange, or agreement between a consumer and a vendor is solely between those parties. OpenStand has no liability for the outcome of any such transaction.

6.6 Independent Vendors

Vendors on OpenStand are independent operators. They are not employees, contractors, partners, or agents of OpenStand. OpenStand does not direct, supervise, or control any vendor's operations, conduct, or products. OpenStand is not vicariously liable for any act or omission of any vendor.

7. Prohibited Conduct

All users agree not to:

Use the Service for any unlawful purpose or in violation of applicable local, state, or federal law.
Systematically scrape, crawl, harvest, or extract data from the Service in bulk without express written permission.
Use map data or vendor information for commercial purposes, including aggregation, resale, or redistribution.
Interfere with or disrupt the integrity, performance, or security of the Service or its infrastructure.
Impersonate any person, vendor, or entity on the platform.
Submit false, misleading, or deceptive information of any kind.
Attempt to gain unauthorized access to any part of the Service, its servers, databases, or data.
Use automated scripts, bots, or crawlers to interact with the Service without express written permission.
Introduce malware, viruses, or other harmful code to the Service.
Circumvent, disable, or otherwise interfere with any security feature of the Service.

8. Location Data

8.1 Consumer Location

The Service uses your device's GPS coordinates or an IP-derived location estimate to center the map and rank nearby vendors. By using the Service, you consent to the collection and use of your approximate location for these purposes. Consumer location data is used only in real time to deliver the Service and is not stored persistently or linked to your account history.

8.2 Vendor Location

Vendor session locations are stored in OpenStand's database and displayed publicly on the map while a session is live. Historical session location data is retained for up to 120 days to support the vendor presence feature. Vendors acknowledge that their session locations are publicly visible and agree not to publish sessions at private residential addresses or locations where public visibility would create a safety or privacy concern.

8.3 State Privacy Rights

Residents of Florida and other states with applicable privacy laws may have additional rights regarding their personal data, including location data. Please refer to our Privacy Policy for a full description of your rights. To the extent these Terms conflict with applicable state privacy law, the applicable law controls.

9. Intellectual Property

The OpenStand name, logo, platform design, source code, and all original content produced by OpenStand are owned by OpenStand and protected by applicable intellectual property laws. You may not use, reproduce, modify, or distribute any OpenStand intellectual property without prior written permission.

Vendors retain ownership of content they submit to the platform. By submitting content, you grant OpenStand a non-exclusive, worldwide, royalty-free license to store, display, and use that content for the purposes of operating and improving the Service. This license survives account deletion to the extent necessary for legal compliance, dispute resolution, and aggregated analytics.

9.1 DMCA / Copyright

If you believe content on the Service infringes your copyright, submit a notice to admin@openstand.io identifying the work claimed to be infringed, its location on the Service, your contact information, and a statement of good faith belief that the use is unauthorized. OpenStand will respond to valid notices in accordance with applicable law.

10. Third-Party Services

OpenStand integrates with the following third-party services. Your use of these services is subject to their respective terms and privacy policies:

Clerk — authentication and identity management (clerk.com/terms)
Google Maps JavaScript API — map display and external navigation (maps.google.com/terms). Use of Google Maps features within OpenStand is also subject to Google's Terms of Service.
Supabase — database and backend infrastructure (supabase.com/terms)
Vercel — hosting and edge delivery (vercel.com/legal/terms)

OpenStand is not responsible for the availability, accuracy, or conduct of any third-party service. Outages or changes to third-party services may affect platform functionality.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

OpenStand does not warrant that the Service will be uninterrupted, timely, secure, or error-free; that vendor information will be accurate, current, or complete; that any vendor will be present, open, or operational when a consumer arrives; that any vendor holds required permits or complies with applicable law; or that the Service will meet your specific requirements.

Some jurisdictions do not allow the exclusion of implied warranties. To the extent such exclusions are not permitted, they apply to the fullest extent permitted by law.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OPENSTAND AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, PERSONAL INJURY, OR PROPERTY DAMAGE, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE.

OPENSTAND'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNTS YOU PAID TO OPENSTAND IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100 USD).

The limitations in this section do not apply to liability arising from OpenStand's gross negligence, willful misconduct, or fraud, or to any liability that cannot be limited under applicable law.

13. Indemnification

You agree to indemnify, defend, and hold harmless OpenStand and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or connected with your access to or use of the Service; any content you submit; your violation of these Terms or applicable law; your violation of any third-party right; or any transaction or dispute between you and another user of the Service.

OpenStand reserves the right to assume exclusive defense of any matter subject to indemnification by you, in which case you agree to cooperate fully and not settle any such matter without OpenStand's prior written consent.

14. Privacy

Your use of the Service is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the data practices described in the Privacy Policy.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles. You agree to submit to the personal jurisdiction of the state and federal courts located in Manatee County, Florida for any claims not subject to arbitration.

15.2 Informal Resolution

Before initiating any formal dispute, you agree to contact OpenStand at app@openstand.io with a written description of the dispute and the relief sought. The parties agree to attempt good-faith resolution for at least 30 days before proceeding to arbitration.

15.3 Binding Arbitration

If informal resolution fails, any dispute arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (adr.org), except as provided below. Arbitration will be conducted in Myakka City, Florida or, at your election, via telephone or videoconference. The arbitrator's decision is final and binding.

OpenStand will pay all AAA filing, administration, and arbitrator fees for claims under $10,000 unless the arbitrator determines the claim is frivolous.

15.4 Arbitration Opt-Out

You may opt out of binding arbitration by sending written notice to app@openstand.io within 30 days of first agreeing to these Terms. Your notice must include your name, account email, and a clear statement that you are opting out of arbitration.

15.5 Small Claims

Either party may bring an individual claim in small claims court in the county of your residence or in Manatee County, Florida, provided the claim qualifies and remains in small claims court.

15.6 Class Action Waiver

YOU AND OPENSTAND AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. THIS CLASS ACTION WAIVER SURVIVES EVEN IF THE ARBITRATION AGREEMENT IS FOUND UNENFORCEABLE.

16. Data Retention and Account Deletion

When you delete your account: your profile information will be removed from public display; your active or inactive vendor pin will be removed from the map; Saved Sessions and templates will be permanently deleted; and historical session records may be retained in anonymized form for analytics, fraud prevention, and legal compliance.

OpenStand may retain certain data after account deletion as required by applicable law or to resolve disputes. To request deletion of specific data, contact app@openstand.io. We will respond to verifiable requests within 45 days, subject to applicable legal obligations.

17. Force Majeure

OpenStand shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, pandemic, war, government action, internet or infrastructure outages, failure of third-party services (including Clerk, Google Maps, Supabase, or Vercel), cyberattacks, or other events outside OpenStand's reasonable control.

18. Changes to the Service

OpenStand reserves the right to modify, suspend, or discontinue any part of the Service at any time, including adjusting session limits, cooldown periods, and vendor presence windows. OpenStand will make reasonable efforts to provide advance notice of material changes to core functionality.

19. General Provisions

Entire Agreement. These Terms, together with the Privacy Policy and any additional policies referenced herein, constitute the entire agreement between you and OpenStand regarding the Service.

Severability. If any provision of these Terms is found invalid or unenforceable, it will be modified to the minimum extent necessary, or severed if modification is not possible. The remaining provisions continue in full force.

Waiver. OpenStand's failure to enforce any right or provision shall not constitute a waiver of that right or provision.

Assignment. You may not assign your rights or obligations under these Terms without OpenStand's prior written consent. OpenStand may assign these Terms without restriction.

No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights.

20. Contact

For general questions about these Terms:

OpenStand

General: app@openstand.io

DMCA notices: admin@openstand.io

Platform abuse or safety reports: app@openstand.io — subject line "Platform Report"

This document should be reviewed by qualified legal counsel before publication.