Open Dream
Terms of Service
These Terms of Service (“Terms”) govern your access to and use of the Open Dream web application, mobile applications, and backend services (collectively, the “Service”) operated by Open Dream Studios (“Open Dream”, “we”, “us”, or “our”). Please read them carefully.
By creating an account, by accepting an invitation to a Project, or by otherwise using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
If you are using the Service on behalf of an organization (a “Project Owner”), you represent that you have authority to bind that organization to these Terms, and “you” refers to that organization.
1. The Service
Open Dream is a project-management and operations platform. A Project Owner creates one or more “Projects” inside the Service and invites collaborators (“Project Users”) to participate. Within a Project, authorized users can manage operational data such as customers, products, jobs, tasks, employees, scheduling, and media files.
We may add, modify, or remove features of the Service from time to time. We will give you reasonable notice of material reductions in functionality where practical.
2. Eligibility
You must be at least eighteen (18) years old, or the age of majority in your jurisdiction if higher, to create an account with the Service. By using the Service, you represent that you meet this requirement and that you have not previously been suspended or removed from the Service.
If a Project Owner invites Project Users who are under the age of majority but at least sixteen (16) years old, the Project Owner is responsible for obtaining any necessary parental or guardian consent and complying with applicable child-protection laws. The Service is not designed for individual end-consumers under the age of sixteen (16).
3. Your Account
You are responsible for maintaining the confidentiality of your credentials and for any activity that occurs under your account. You must:
- Provide accurate registration information
- Keep your contact email current
- Notify us promptly of any unauthorized use of your account or any other security breach
- Use only a single account, unless we explicitly permit you to use more than one
Authentication is provided through Firebase Authentication and, optionally, through Google or Apple sign-in. By choosing those providers, you agree to their respective terms in addition to these.
You may delete your account at any time by selecting “Delete account” in Settings. See our Privacy Policy for details on what happens when you delete your account.
4. Projects, Ownership, and Roles
4.1 Project Ownership
The Project Owner is the entity that creates or pays for a Project. The Project Owner controls the Project, including which users are invited, what they can see and do, and the data that is stored in the Project.
4.2 Invited Users
A Project User accesses a Project at the invitation of the Project Owner. The Project Owner may revoke that access at any time.
4.3 Between Owner and Users
If you are an individual Project User and you have a dispute with the Project Owner that invited you (for example, regarding employment, wages, or business operations), that dispute is between you and the Project Owner. Open Dream is not a party to it and does not arbitrate between Project Owner and Project User.
5. Acceptable Use
You agree not to, and not to allow any person under your control to:
- Violate any applicable law or regulation, or the rights of any third party, in your use of the Service
- Upload, transmit, or store any content that is unlawful, defamatory, fraudulent, infringing, obscene, harassing, or otherwise objectionable
- Upload content that contains malicious code (viruses, trojans, worms, ransomware, or similar)
- Attempt to interfere with, probe, scan, reverse-engineer, or disrupt the Service or its infrastructure, except as expressly permitted by law
- Use the Service to send unsolicited communications, including bulk email or SMS, in violation of applicable anti-spam laws
- Use the Service to collect or harvest personal information about people without their consent or other lawful basis
- Use the Service to operate a competing service, to benchmark it for competitive purposes, or to copy or replicate its features
- Circumvent any access controls, rate limits, or other protective measures of the Service
- Use the Service in a way that imposes a disproportionately large load on our infrastructure
We may suspend or terminate access for any user, or any Project, that we reasonably believe is in violation of this Section.
6. Your Content
6.1 Ownership
You retain all rights in the data, files, media, text, and other content that you upload, store, or generate within the Service (“Your Content”). For data stored inside a Project, ownership rests with the Project Owner.
6.2 License to Us
You grant Open Dream a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify (for technical purposes such as compression and format conversion), display, distribute, and transmit Your Content solely to operate, provide, secure, and improve the Service. This license ends when Your Content is deleted from the Service, except to the extent it must be retained for backup, legal, or anti-abuse purposes.
6.3 Responsibility
You are solely responsible for Your Content and for the consequences of uploading, storing, or sharing it. You represent that you have all rights necessary to grant the license above, and that Your Content does not violate any third party's rights or any law.
6.4 Backups
We perform periodic backups of database state for operational purposes. You should not rely on those backups as your sole copy of Your Content. You are responsible for maintaining your own backups of any Content that is critical to you.
7. Our Intellectual Property
The Service, including all software, designs, logos, trademarks, documentation, and other materials produced by Open Dream, is owned by Open Dream Studios and is protected by intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your internal business purposes, subject to these Terms.
No other rights are granted. You may not copy, modify, distribute, sell, lease, or create derivative works based on the Service, except as expressly permitted by law.
The Open Dream name and logo are trademarks of Open Dream Studios. You may not use them without our prior written permission.
8. Third-Party Services and Integrations
The Service uses third-party providers (such as Firebase, Amazon Web Services, Stripe, Twilio, and others as described in our Privacy Policy) to operate. Your use of the Service is subject to the terms of those providers as they apply to you.
The Service also supports optional integrations with third-party services (for example, calendar systems, website builders, phone systems, or AI providers) that a Project Owner may choose to enable. When you enable an integration, you authorize the relevant data to flow between Open Dream and that third party. We are not responsible for third-party services, and you should review their terms before enabling them.
9. Subscriptions, Fees, and Payment
9.1 Paid Plans
Some features of the Service may be offered for free, and some may require a paid subscription. The features included in each plan, the prices, and the billing intervals are described at the point of purchase.
9.2 Billing
Subscriptions are billed in advance on the interval you select (monthly or annual unless otherwise stated). All payments are processed by Stripe. You authorize us, through Stripe, to charge your chosen payment method automatically for each billing period.
9.3 Taxes
You are responsible for any sales, use, value-added, or other applicable taxes, except for taxes based on our net income.
9.4 Price Changes
We may change prices for any plan. We will give you at least thirty (30) days' notice before a price change takes effect for an existing subscription. If you do not agree to the new price, you may cancel before it takes effect.
9.5 Cancellation
You may cancel a paid subscription at any time. Cancellation takes effect at the end of the current paid period. We do not provide refunds for partial periods, except where required by law.
9.6 Failed Payments
If a payment fails, we may suspend the affected Project's paid features until the payment is resolved. We will give you notice and a reasonable opportunity to update your payment method before doing so.
9.7 In-App Purchases
Where the Service is downloaded from the Apple App Store or Google Play, any purchases made through that store are governed by that store's terms. Refund requests for such purchases should be directed to the store.
10. Beta Features
We may make experimental or pre-release features (“Beta Features”) available from time to time. Beta Features are provided “as-is”, without warranty, and may be modified or withdrawn at any time. You agree not to disclose information about Beta Features publicly without our consent.
11. Termination
11.1 By You
You may stop using the Service at any time. You may delete your account from inside the Service, as described in Section 3.
11.2 By Us
We may suspend or terminate your access to the Service, or to a specific Project, if:
- You materially breach these Terms, including Section 5 (Acceptable Use), and do not cure the breach within a reasonable time after notice
- We are required to do so by law or by a court order
- We reasonably believe that continued provision of the Service poses a security or legal risk to us or to other users
Where the situation permits, we will give you advance notice and a reasonable opportunity to export Your Content. In an emergency or in response to a legal demand, we may act without notice.
11.3 Effect of Termination
On termination, your right to use the Service ends. Sections that by their nature should survive termination (including Sections 5, 6, 7, 12, 13, 14, 15, 16, and 18) will survive.
12. Disclaimers
The Service is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.
We do not warrant that the Service will be uninterrupted, error-free, or secure; that defects will be corrected; or that the Service or the servers that make it available are free of viruses or other harmful components.
You assume the entire risk arising out of your use of the Service.
13. Limitation of Liability
To the maximum extent permitted by law, in no event will Open Dream or its officers, employees, agents, or licensors be liable to you for:
- (a) Any indirect, incidental, special, consequential, exemplary, or punitive damages;
- (b) Any loss of profits, revenue, goodwill, business opportunity, or data;
- (c) Any damages that exceed, in the aggregate, the greater of (i) one hundred U.S. dollars (USD $100) or (ii) the fees you actually paid to us for the Service during the twelve (12) months before the event giving rise to the claim,
Whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not we have been advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above may not apply to you in full. Nothing in these Terms limits liability that cannot be limited under applicable law.
14. Indemnification
You will defend, indemnify, and hold harmless Open Dream and its officers, employees, and agents from any claim, demand, loss, or expense (including reasonable attorney's fees) brought by a third party arising from:
- Your breach of these Terms
- Your misuse of the Service
- Your violation of any applicable law or any third party's rights, including intellectual property and privacy rights
- Your Content, including any claim that Your Content infringes or violates the rights of any third party
We will give you prompt notice of any such claim, allow you to control the defense (with counsel reasonably acceptable to us), and cooperate reasonably with you at your expense. We may participate in the defense with counsel of our own choosing at our own expense.
15. Disputes and Governing Law
15.1 Governing Law
These Terms, and any dispute arising from or related to them or your use of the Service, are governed by the laws of the State of Washington, U.S.A., without regard to its conflict-of-laws rules.
15.2 Informal Resolution
Before filing a claim, you agree to try to resolve the dispute informally by contacting us at the email address in Section 18. We will try to resolve the dispute by contacting you through the email address associated with your account. If a dispute is not resolved within sixty (60) days of submission, you or we may bring a formal proceeding.
15.3 Venue
The state and federal courts located in King County, Washington, U.S.A., have exclusive jurisdiction over any dispute that is not resolved informally, and each party consents to personal jurisdiction in those courts.
15.4 Class Action Waiver
Each party may bring claims against the other only in that party's individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
16. Changes to These Terms
We may update these Terms from time to time. When we make material changes, we will notify you by email or by an in-app notice and will update the “Last updated” date above. The updated Terms take effect on the date stated in the notice. If you continue to use the Service after that date, you accept the updated Terms. If you do not agree, you must stop using the Service before the updated Terms take effect.
17. Miscellaneous
17.1 Entire Agreement
These Terms, together with our Privacy Policy, are the entire agreement between you and Open Dream regarding the Service and supersede any prior agreements.
17.2 Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
17.3 No Waiver
Our failure to enforce any provision of these Terms is not a waiver of that provision.
17.4 Assignment
You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, financing, or sale of assets.
17.5 Independent Contractors
These Terms do not create any partnership, joint venture, agency, employment, or fiduciary relationship between you and Open Dream.
17.6 Force Majeure
We are not liable for any delay or failure to perform caused by circumstances beyond our reasonable control, including natural disasters, war, civil disturbance, governmental action, internet or telecommunications failures, or labor stoppages.
17.7 Notices
We may send notices to you by email to the address associated with your account, or by an in-app notice. You may send notices to us by email at the address in Section 18. Notice is effective on the day it is sent (for email) or on the day it is first viewed inside the Service (for in-app notices).
17.8 Export Controls
You may not use the Service in violation of U.S. export-control laws, including by accessing it from a country subject to a U.S. embargo or while you are listed on any U.S. government list of restricted persons.
18. Contact
If you have questions about these Terms, contact us:
Open Dream Studios — opendreamstudios@gmail.com
See also the Open Dream Privacy Policy and the Open Dream overview.