01Agreement to These Terms
These Terms & Conditions ("Terms") are a binding agreement between you and OpaLink, Inc. ("OpaLink", "we", "us", or "our"), which operates the OPA! Marketplace commission-free ordering platform at opalink.com and through related apps, websites, and services (the "Services"). By accessing the Services, placing an order, or creating an account, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.
If you use the Services on behalf of a restaurant or brand as an operator, your use is also governed by your separate subscription or merchant agreement with OpaLink, which controls in the event of a conflict with these Terms.
02What OPA! Is — and Is Not
OPA! is a technology platform that lets restaurants and brands offer first-party online ordering and lets guests place orders directly with those restaurants. The restaurant — not OpaLink — is the merchant of record for every order and is solely responsible for preparing, packaging, pricing, and providing accurate information about its food and menu, including ingredients, allergens, and nutritional content. OpaLink does not prepare, sell, or own the food, and does not set the restaurant’s menu prices.
Where guests order for delivery, last-mile delivery may be performed by the restaurant or by third-party delivery providers and our dispatch partner. Those providers act only as fulfillment carriers for the order you place.
03Eligibility
The Services are intended for businesses and for individuals who are at least 18 years old (or the age of majority where you live). By using the Services you represent that you meet these requirements and that the information you provide is accurate.
04Accounts
You may need an account to use certain features. You are responsible for the accuracy of your account information, for keeping your credentials confidential, and for activity under your account. Notify us promptly of any unauthorized use. We may suspend or terminate accounts that violate these Terms or that we reasonably believe create risk or legal exposure.
05Orders, Pricing, and Fees
Menu prices and item availability are set and controlled by the restaurant. When you place an order, you agree to pay the order total shown at checkout, which may include the item prices set by the restaurant, applicable taxes, any tip you choose, delivery charges where applicable, and an OPA! service fee. All charges are disclosed before you confirm your order. Placing an order is an offer to purchase that the restaurant may accept or decline.
Payments are processed by third-party payment processors. By submitting payment information, you authorize us and our processors to charge your selected payment method for the order total. We do not store full card numbers on our own systems.
Your order total may be reduced by OPA Rewards points you redeem in accordance with Section 17. The number of points applied, the corresponding discount, and the remaining amount payable are shown at checkout before you confirm your order.
06Cancellations and Refunds
Because orders are prepared by the restaurant, cancellation and refund eligibility depends on the status of the order and the restaurant’s policies. Once a restaurant has accepted or begun preparing an order, the order may no longer be cancellable. If an order is incorrect, missing items, or not delivered, contact us or the restaurant promptly. Where a refund or credit is due, it is issued to the original payment method. OpaLink may facilitate refunds on behalf of the restaurant but is not responsible for the food or its preparation.
For a fully refunded or cancelled order, any OPA Rewards points redeemed on that order are restored to your account, and any points earned on that order are removed. For a partial refund, we restore redeemed points attributable to the refunded portion and remove points earned on that portion, using the same allocation of discounts and eligible spending used for the original order. The adjustment is reflected in your rewards balance. Points used to pay for the refunded portion are restored as points and are not refunded in cash; any monetary refund is based on the amount actually paid for that portion, except as required by law. If earned points have already been spent, their reversal may create a negative points balance, which future earnings offset; this does not create a cash debt. If points are deducted but an order is not completed, those points are restored.
07Intellectual Property
The Services — including the OPA! name and logo, software, and the content we provide — are owned by OpaLink or its licensors and are protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable right to use the Services as permitted by these Terms. Restaurant brands retain ownership of their own names, logos, menus, and content. You may not copy, modify, reverse-engineer, or create derivative works from the Services except as permitted by law.
08Acceptable Use
When using the Services, you agree that you will not:
- Use the Services for any unlawful, fraudulent, or harmful purpose.
- Interfere with, disrupt, or place undue load on the Services or related systems.
- Attempt to gain unauthorized access to any part of the Services or another user’s account.
- Scrape, harvest, or collect data from the Services without our written permission.
- Submit false or fraudulent orders, identities, or payment information.
- Infringe the intellectual-property or privacy rights of others.
09Third-Party Services and Delivery
The Services integrate with third parties, including payment processors, point-of-sale systems (such as Toast, Square, Clover, Shift4, and Olo), messaging and email providers, providers supporting merchants’ native loyalty and rewards programs, and delivery providers (such as DoorDash, Uber Eats, and Grubhub) along with our dispatch partner. Your use of those third-party services may be subject to their own terms. OpaLink is not responsible for the acts or omissions of third-party providers, including the performance of last-mile delivery.
Participating merchants may make their own native loyalty and rewards programs available through OPA. These programs are separate from OPA Rewards and are governed by the applicable merchant’s program terms, including eligibility, earning, redemption, and expiration rules. Merchant rewards and OPA Rewards are not interchangeable unless expressly stated. Our collection and sharing of personal information for these features is described in our Privacy Policy. Integration with a merchant’s program does not transfer OpaLink’s obligations as issuer of OPA Rewards points under Section 17.
10Disclaimers
The Services are provided "as is" and "as available," without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law. OpaLink does not warrant that the Services will be uninterrupted or error-free, and is not responsible for food quality or safety or for the accuracy of information provided by restaurants.
11Limitation of Liability
To the fullest extent permitted by law, OpaLink and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or revenues, arising out of or relating to the Services. Our total liability for any claim relating to the Services will not exceed the greater of the amount you paid to OpaLink for the transaction giving rise to the claim or one hundred U.S. dollars ($100). Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
12Indemnification
You agree to indemnify and hold harmless OpaLink and its affiliates from claims, damages, and expenses (including reasonable attorneys’ fees) arising out of your use of the Services, your violation of these Terms, or your violation of any law or third-party right. Restaurant operators additionally agree to indemnify OpaLink for claims arising from their food, menu information, pricing, or order fulfillment.
13Governing Law and Disputes
These Terms are governed by the laws of the United States and the state in which OpaLink, Inc. is organized, without regard to conflict-of-laws principles. The parties submit to the exclusive jurisdiction of the state and federal courts located there for any dispute that is not otherwise subject to an agreement to arbitrate, except where applicable law provides otherwise.
14Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the version date above. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms. Changes affecting OPA Rewards are also subject to the notice and earned-points protections in Section 17, which control if there is a conflict.
15Termination
We may suspend or terminate your access to the Services at any time if you violate these Terms or to protect the Services or others. You may stop using the Services at any time. Provisions that by their nature should survive termination — including ownership, disclaimers, limitation of liability, and indemnification — will survive. Treatment of OPA Rewards points on suspension or termination is governed by Section 17.
16Contact Us
Questions about these Terms? Contact us at legal@opalinkapp.com, or through the contact form at opalink.com/contact.
17OPA Rewards
Program and issuer
OPA Rewards is a points program offered by OpaLink, Inc. OpaLink issues and manages OPA Rewards points; participating merchants do not issue those points. OPA Rewards is separate from merchants’ own native loyalty and rewards programs described in Section 09. Merchant rewards and OPA Rewards are not interchangeable unless expressly stated.
Participation
You must meet Section 03’s eligibility requirements and use an OPA account to earn and redeem points. OPA Rewards is available only for participating merchants, eligible orders, and locations identified in the Services. Rewards are unavailable where prohibited by law.
Earning points
Points are earned on eligible orders after payment is completed and are subject to adjustment for cancellations and refunds under Section 06. The applicable earning rate, eligible spending, any minimum order value, exclusions, and promotional earning limits are disclosed in the OPA Rewards rules in the Services before you place an eligible order. Those disclosed rules form part of these Terms, subject to the protections for earned points below. The points expected for an order are shown before you confirm it. Points are not earned on the portion paid with points. Pending or estimated points cannot be redeemed until credited to your account.
Redeeming points
600 points may be redeemed for a $10 discount on an eligible order, limited to one $10 redemption per order. You must have sufficient available points and select redemption at checkout. The eligible amount must be at least $10 to apply this redemption. Applicable minimum spending, excluded items or charges, and restrictions on combining rewards with other promotions are shown before you confirm the order. Points cannot be applied to a completed order retroactively. Unused points remain in your account. The applied points and discount appear at checkout.
Expiry
OPA Rewards points do not expire under the current program. This does not prevent adjustments for refunds, errors, or misuse, or closure of the program as described below. We will not impose a new expiry date on points already earned through a routine change to the program rules.
No cash value or transfer
Points are promotional benefits, have no cash value, and are not money, a deposit, a payment account, or a gift card. They cannot be purchased, sold, transferred between accounts, or exchanged for cash, except where required by law. A stated redemption discount does not give points a cash redemption value.
Changes and program closure
We may change earning rates, eligibility, redemption rules, or other program features, or end OPA Rewards, subject to applicable law. We will give at least 30 days advance notice by email or a prominent notice in the Services of material changes that adversely affect participants. Changes to earning rules apply prospectively. If a change reduces the redemption value or usability of existing points, we will allow at least 90 days after notice to redeem those points under the previous rules. If we end the program or close your rewards account for reasons unrelated to misuse, we will give at least 90 days notice and an opportunity to redeem valid points before closure. Any remaining points are cancelled at the end of that period, except as required by law. We may act sooner where required by law or reasonably necessary to address fraud or an urgent security issue; any restriction will be limited to what is necessary, and valid points will be preserved where legally and technically possible.
Errors and misuse
We may correct points credited or deducted in error and may suspend participation or cancel points reasonably determined to have been obtained or used through fraud, abuse, or a material breach of these Terms relating to the program. A good-faith refund request or complaint is not misuse. Where permitted by law and consistent with security needs, we will explain the adjustment or restriction and provide an opportunity to dispute it through legal@opalinkapp.com. Valid points unrelated to misuse remain subject to the protections above.
Refunds and questions
Section 06 governs restoration and removal of points following cancellations or refunds, including partial refunds. Contact legal@opalinkapp.com or use the contact form at opalink.com/contact if your points balance or a redemption appears incorrect. Nothing in this section limits rights that cannot be excluded under applicable law.