Legal information

Terms of Use

Version dated

These terms describe OpenRate’s website and Québec Square pilot services. Provisions for payers and restaurants are distinguished below. Mandatory legal rights continue to apply.

Lire en français

1. Operator and scope

OpenRate is operated by Mammeri Growth Development Inc., a corporation, Québec enterprise number (NEQ) 1180954951. Business address: 6-4825 rue Ontario E, Montréal (Québec) H1V 1L8, Canada. For support, an error or complaint, contact Jason Greige at privacy@openrate.ca or to his attention at this address.

These terms concern www.openrate.ca, app.openrate.ca and pay.openrate.ca. Reading or publishing them alone does not prove acceptance of a restaurant agreement, data addendum or new pricing. Restaurant-specific commercial commitments require a separate agreement entered into by an authorized representative. Terms must be presented within the flow in which acceptance is requested.

2. For payers: your merchant

The restaurant identified in the payment flow is the merchant providing meals and services, determining the bill and receiving payment in its own Square account. OpenRate provides the interface and payment and management functions. Square processes transactions under its applicable terms. Using this software does not make OpenRate the seller of the meal.

Check the establishment, table or bill and amounts before confirming. If the merchant cannot be identified or the QR appears replaced, ask staff before paying. The restaurant remains your contact for items, prices, taxes, meal quality and refund policies, subject to its legal obligations. OpenRate remains responsible for its own obligations.

3. Payments, taxes, tips and splitting

Depending on the available flow, you may pay the full balance, split the bill or pay a partial amount. Check the bill share, taxes, tip and total before authorizing. Tips are optional; you may choose not to add one. Offered methods, including card, Apple Pay and Google Pay, depend on availability and your device.

You authorize the confirmed amount using a payment method you are entitled to use. A partial payment settles only the share actually confirmed; it does not cancel the balance due to the restaurant. Report calculation or rounding discrepancies to staff. The restaurant determines and must check applicable prices and taxes.

An attempt or pending screen does not prove payment succeeded. If the outcome is uncertain or a charge appears duplicated, keep the available reference and ask the restaurant or support to verify before trying again. Do not send your full card number to support.

4. Square pilot fees

OpenRate’s Square pilot commission is 1.5% of the subtotal before taxes, excluding tips, paid by the restaurant. No additional OpenRate fee is charged to the payer. This commission does not reduce the tip selected by the payer.

Square processing fees are separate and governed by the restaurant’s agreement with Square. Payers may incur fees from their own issuer, such as currency conversion fees, under their agreement. Pricing for another offer or integration does not automatically replace pilot pricing. Other commercial commitments, their tax treatment and changes must be established in the restaurant agreement in accordance with applicable law.

5. Refunds, disputes, errors and receipts

Request a refund from the restaurant, which decides and initiates it subject to the law. For a Square refund initiated through OpenRate, the requested amount is returned to the payer without deducting OpenRate’s commission; OpenRate keeps its original commission at the restaurant’s expense. This does not mean the entire payment is refunded when a partial refund is requested. Actual credit depends on Square and financial institutions; no fixed banking timeframe is guaranteed here.

A refund performed directly in Square follows the transaction made in Square. OpenRate records amounts and statuses communicated by Square, including any commission return indicated by it. The retention rule used through OpenRate does not establish every external transaction’s outcome. Differences in amount or status need checking.

To dispute a charge, contact the restaurant and, if needed, your card issuer within its time limits. OpenRate can help locate references and technical information. These terms do not limit your dispute rights or transfer to payers the fees or liabilities arising from a dispute between OpenRate, Square and the restaurant.

A downloadable receipt may be offered after confirmation. An email receipt is optional and depends on your request and a valid address; a delivery error does not change payment. Ask the restaurant to correct a bill or tax document. Keep receipt links private.

6. Contact details and communications

Name and email are required in the current checkout and are obtained from the wallet when it supplies them or through manual entry. The contact is recorded with the payment and in the restaurant’s contacts even without a requested receipt or subscription to promotions. The privacy policy describes information, processing and applicable rights.

Requesting a receipt does not subscribe you to marketing. Promotions require separate, revocable consent. An unselected checkbox does not withdraw an earlier subscription. Marketing consent is not a condition of payment.

7. For restaurants: accounts and access

The restaurant application is invitation-only. An invitation or Square OAuth authorization does not replace a service agreement. A representative committing the restaurant must have authority. The restaurant uses its own Square account and maintains the authorizations needed for enabled functions.

The restaurant manages managers’ and staff’s roles and access, keeps information current and promptly removes unnecessary access. Each user protects credentials, respects assigned access and reports compromise. The restaurant checks bills, settings, contact details, content and exports; these responsibilities do not relieve OpenRate of its obligations.

The restaurant informs affected people about its processing, limits data and access to justified needs, respects marketing consents and withdrawals and protects exports. A service contact list is not a subscriber list. Processing instructions, retention, providers, transfers and assistance with rights must be addressed in a separate addendum.

8. Permitted and prohibited use

You may use interfaces for authorized functions. You must not access an organization or account without permission, divert a QR, falsify payments or reviews, unlawfully collect data, bypass security controls, introduce malicious code or disrupt the service.

You must not use contact details for unauthorized communications, upload unlawful or infringing content, or resell the software without permission. These restrictions are not intended to prevent a legal right, complaint, honest review or responsible reporting of a problem.

9. Availability, suspension and termination

Interruptions are possible, including maintenance, incidents, network issues or provider unavailability. This page guarantees neither uninterrupted operation nor a fixed resolution time. During an interruption, payers should ask staff for another way to pay and restaurants need an alternative way to manage service.

OpenRate may restrict or suspend access as necessary to address a security risk, fraud, legal obligation or serious breach. The measure must fit the circumstances; where possible and permitted, affected people are informed and can contact support. Commercial termination, notice and transition arrangements are governed by the separate restaurant agreement and applicable law.

Suspension, disconnecting Square or termination does not cancel completed payments, refund rights, retention obligations or personal information rights. Account closure does not guarantee immediate deletion.

10. Intellectual property and content

OpenRate and its rights holders retain rights in the software, its presentation, trademarks and materials supplied. Provider rights and users’ legally recognized rights are reserved. Access does not transfer ownership of the software.

Restaurants retain rights in uploaded menus, images, trademarks and other content and must have necessary permissions. They authorize hosting, technical reproduction and display to the extent needed for the requested service. This does not grant OpenRate a general right of promotional reuse. Export, removal and end-of-service arrangements must be specified in the restaurant agreement.

11. Warranties, liability and indemnification

Each party is responsible for its obligations and fault under applicable law. Statutory warranties and legal remedies apply to the services under the conditions established by law.

Nothing limits liability that cannot lawfully be limited, including intentional or gross fault or bodily or moral injury where prohibited by law. Mandatory consumer rights prevail over inconsistent provisions.

No general indemnity is imposed on payers. Any allocation of risk or indemnity between OpenRate and a restaurant must be specific, proportionate, legally permitted and expressly agreed in their separate agreement. It cannot remove third-party rights or indiscriminately cover OpenRate’s own fault.

12. Applicable law, language and remedies

These terms are interpreted under Québec law and applicable federal laws, without depriving anyone of mandatory protections to which they are entitled. Jurisdiction remains subject to applicable rules; no exclusive foreign jurisdiction is imposed.

There is no mandatory pre-dispute arbitration, class-action waiver or waiver of the right to go to court. You may seek help from competent authorities and exercise legal remedies without waiving them by contacting support.

French and English versions are available. Where the law requires a French contract of adhesion to be provided first, that delivery and the conditions for expressly choosing another language must be respected. Selecting the website language alone does not prove this process or waive language rights.

13. Changes

The version date appears at the top of these terms. Changes will be communicated and accepted to the extent required by law and the applicable agreement. Publishing them does not retroactively change a payment or prove acceptance of a new contract, price or data use. Contact support above with questions.