1. About This Agreement
These Terms of Service (“Terms”) govern your use of the Am I Open? service, operated via amiavailable.co.uk (for tradespeople) and amiopen.co.uk (for retail/hospitality businesses). Both domains are operated as a single service under these Terms.
By using either website or the Service, you agree to be bound by these Terms. If you do not agree, please do not use the Service.
2. The Operator
The Service is operated by Freddy Smith (“we”, “us”, “our”), a sole trader based in the United Kingdom. Contact: hello@amiavailable.uk
3. Description of Service
Am I Open? provides a platform for businesses to create a simple status page showing their availability to potential customers. The Service includes hosting your status page, displaying your availability status, and collecting enquiries from potential customers. We act solely as a technology platform and are not party to any transactions between businesses and their customers.
4. User Responsibilities
As a user of the Service, you agree to:
- Provide accurate and truthful information about your business
- Keep your availability status reasonably up to date
- Respond appropriately to enquiries received through the Service
- Use the Service only for lawful purposes
- Not misrepresent your qualifications, certifications, or business status
- Not use the Service to spam, harass, or deceive others
- Comply with all applicable laws and regulations in your jurisdiction
5. Important Disclaimers
PLEASE READ THESE DISCLAIMERS CAREFULLY:
- No Verification: We do NOT verify, vet, or endorse any business listed on the Service. We do not check qualifications, certifications, insurance, references, or background information.
- Status Accuracy: We do not guarantee the accuracy of any availability status displayed. Status information is provided solely by the business and may be outdated or incorrect.
- No Responsibility for Business Conduct: We are not responsible for the conduct, quality of work, reliability, professionalism, or any actions of businesses using our Service.
- No Endorsement: Listing on Am I Open? does not constitute an endorsement, recommendation, or guarantee of any business.
- Customer Risk: Customers who contact businesses through this Service do so entirely at their own risk. We strongly recommend checking qualifications, reviews, insurance, and references independently before hiring any tradesperson or using any business.
- Platform Only: We provide a technology platform only. We are not a party to any contract, transaction, or agreement between businesses and their customers.
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- The Service is provided “AS IS” and “AS AVAILABLE” without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
- We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, goodwill, or anticipated savings.
- We are not liable for any disputes, claims, losses, injuries, or damages arising from interactions between customers and businesses, including but not limited to: poor quality work, property damage, personal injury, missed appointments, pricing disputes, contract breaches, or any other issues.
- Our total liability for any claim arising from use of the Service shall not exceed the amount you paid to us in the 12 months preceding the claim, or £50, whichever is greater.
- Nothing in these Terms excludes or limits liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded by law.
7. Indemnification
You agree to indemnify and hold harmless the operator, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any disputes between you and your customers.
8. Subscriptions and Payments
The Service offers a subscription plan with a 14-day free trial:
- After the trial, you will be charged £4.99 per month (or current pricing)
- Subscriptions renew automatically unless cancelled
- You can cancel at any time from your account settings
- No refunds are provided for partial billing periods
- Payments are processed securely by Stripe
- We reserve the right to change pricing with 30 days' notice
9. Account Termination
You may delete your account at any time. We reserve the right to suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or misuse the Service, without prior notice or refund. Upon termination, your status page will be removed and data deleted according to our Privacy Policy.
10. Intellectual Property
The Am I Open? name, logo, and Service are our property. You retain ownership of any content you provide (business name, descriptions, etc.) but grant us a non-exclusive, worldwide, royalty-free license to display it as part of the Service.
11. Service Availability
We strive to keep the Service available but do not guarantee uninterrupted or error-free access. We may perform maintenance, updates, or experience downtime. We are not liable for any losses resulting from Service unavailability, including lost business opportunities.
12. Changes to Terms
We may update these Terms from time to time. Continued use of the Service after changes are posted constitutes acceptance of the new Terms. We will notify users of significant changes by email or through the Service.
13. Governing Law and Disputes
These Terms are governed by the laws of England and Wales. Any disputes shall be resolved in the courts of England and Wales. Before initiating legal proceedings, you agree to attempt to resolve disputes informally by contacting us first.
14. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.