Terms of Service - API

1.0 General

1.1 Acceptance of Terms: By using the OpenMenu API ("API") you ("you" or the "End User" or "Developer") agree to the terms and conditions that we ("Open Menu, LLC" or "our" or "OpenMenu.com" or "OpenMenu.org") have provided. If you do not wish to agree to the outlined terms and conditions (the "Terms" or "Agreement"), please refrain from using the API.

Open Menu, LLC reserves the right to make any changes to our Terms and as we deem necessary or desirable without prior notification to you. We suggest to you, therefore, that you re-read this important notice containing our Terms from time to time in order that you stay informed as to any such changes. If we make changes to our Terms and you continue to use our API, you are impliedly agreeing to the Terms expressed herein.

1.2 General: Subject to these Terms, Open Menu, LLC may offer to provide certain services, solely for your own personal, non-commercial use. You shall not store any significant portion of any content including, without limitation, text, graphics, logos, icons, images, and rendered menu or restaurant information, retrieved by you thorugh the API or directly through an OpenMenu URL in any form (herein referred to as "Content"). Copying or storing of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Open Menu, LLC or from the copyright holder identified in such Content's copyright notice. Exceptions are noted in section 3.2 below.

Open Menu, LLC shall have the right at any time to change or discontinue any aspect or feature of OpenMenu.com including, but not limited to, content, online tools, api, hours of availability and equipment needed for access or use. Further, Open Menu, LLC may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

You and your application are subject to the OpenMenu Terms of Service.

2.0 Access

2.1 Developers Key: In order to access the API you must create an OpenMenu Account and apply for a developers key ("Key"), You may not sell, transfer, sublicense or otherwise disclose your Key to any other party or use them with any Application other than that for which you initially applied for it. You are allowed only one Key per company, application and/or email address.

2.2 Monitoring: You agree to provide Open Menu, LLC with access to your Application and/or other materials related to your use of the API as reasonably requested by us to verify your compliance with these Terms.

3.0 Usage

3.1 Overview: Any Content obtained through the API, or provided by OpenMenu.com, may not be used to offer or promote services that are damaging to, disparaging of, or otherwise detrimental to OpenMenu, OpenMenu.com, Open Menu LLC or its licensors, licensees, affiliates, registrars and partners.

3.2 Content: Content obtained through the API or connected directly to through the restaurant's OpenMenu URL may be accessed, used and stored locally ("cached" or "caching" - only as outlined in section 3.2.1 on caching) for personal, commercial or non-profit use. Any Content obtained through the API or connected directly to through a restaurant's OpenMenu URL may not be redistributed, to include but not limited to an API or data dumps or public URL in any format except rendered for customers, without expressed written permission from Open Menu, LLC.

3.2.1 Caching: Cached data includes but is not limted to any result from an API call; a restaurant's OpenMenu; Data connected to an OpenMenu such as deals/coupons or nutritional analysis. Caching is only allowed with expressed written permission from OpenMenu. If caching is allowed your API page on OpenMenu will explicitly say that caching is allowed. Without this notice caching is not allowed. Caching any content without written permission will have access to the OpenMenu API permanently removed with no refunds.

3.3 Restrictions: Your use of the API must not:

  • circumvent or modify any Keys or other security mechanism employed by OpenMenu.com, Open Menu, LLC or the API;
  • use the Content in an API, or similar delivery method or technology, in a way that competes with and/or negates this API;
  • circumvent, or restrict in any way, the ability of Open Menu, LLC to monitor, track, store, and/or analyze your usage of this API;
  • use the Content in a way that violates this Agreement or our standard Terms of Service;
  • use our Content with, in or in connection with your Application that falsely expresses or implies that such content is sponsored or endorsed by Open Menu, LLC;
  • modify, change or alter the Content prior to display in a way as to give the impression that the altered Content was obtained from OpenMenu.com or this API;
  • redistribute in any way or form the content received via the updates API call;
  • place the Content on a site promoting illegal activity;
  • have an application which uses the OpenMenu trademark or infringes on any/all OpenMenu trademarks. Use of the word/phrase/term OpenMenu is prohibited;

3.4 Links to Third Party Websites: Our Content may contain links to third party websites. Access to any other Internet website linked to the Content is at your own risk and Open Menu, LLC is not responsible for the accuracy, availability or reliability of any information, goods, data, opinions, advice or statements made available on these websites. As such, Open Menu, LLC is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party website. Open Menu, LLC provides these links merely as a convenience and the inclusion of such links does not imply an endorsement or recommendation.

3.5 Call Credits: Call credits apply to the current calendar month only and don't roll over to the next month. Call credits are non-refundable. Cancellation will cancel at the end of the current payment month with no refund on unused call credits.

4.0 Other

4.1 Miscellaneous: Open Menu, LLC may terminate or suspend access to the API immediately, without prior notice or liability, if the End User breaches any of these Terms or for any other reason. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable, transferable or sublicensable by the End User except with Open Menu, LLC' prior written consent. These Terms shall be governed by and construed in accordance with the laws of the state of South Carolina without regard to the conflict of laws provisions thereof. Both parties agree that these Terms are the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter hereof, and that all modifications must be in a writing signed by or provided by Open Menu, LLC on this site. No agency, partnership, joint venture, or employment is created as a result of these Terms and the End User does not have any authority of any kind to bind Open Menu, LLC in any respect whatsoever.

updated: 2017-02-24