Omni-Play Subscription Agreement · v2026-09-draft
1. What this agreement is
This is the agreement between Omni-Play ("we," "us") and the business
named on the application ("you") for use of the Omni-Play venue-management platform. By
checking the agreement box, typing your signature, and submitting your application — or by
otherwise accessing or using the platform — you agree to these terms. It takes effect on
the day you submit your application and accept these terms. Omni-Play opens to customers on
January 1, 2027, so your paid subscription begins on the
start date you choose — a date on or after January 1, 2027, and up to
90 days after that.
2. What you get
Your subscription includes the whole platform — point of sale, timed admissions, party and
event booking, memberships and recurring billing, digital waivers, gift cards, guest CRM,
café/retail, roles and permissions, time clock, and reporting — on
unlimited devices and registers. There are no per-module licenses, no
per-device fees, and no feature tiers to unlock.
3. Price and billing
Your monthly rate is the one shown on your application: $149/month
(Founding Member) or $249/month (Standard). Billing
is monthly, in advance, starting on your start date and on the same day of each month
after that. Founding Member pricing is locked for 12 months from your start date; after
any rate lock ends, we give you at least 30 days' written notice before a price changes.
4. The $50 deposit
A $50 deposit is due when you complete your application checkout. The
deposit is credited in full against your first month's invoice. If you
cancel before your start date, we refund the deposit in full. If you don't launch and we
can't reach you for 90 days after your chosen start date, the deposit is forfeited.
5. Term and cancellation
Your subscription is month to month — there is no long-term contract.
Cancel any time from your account or by writing to us; cancellation takes effect at the
end of the billing period already paid for, and we don't charge partial-month penalties
or cancellation fees.
6. Your data is yours
Everything you put into Omni-Play — guests, sales, memberships, waivers, reports — belongs
to you. You can export it at any time while subscribed, in CSV or JSON
format, and we'll help. We do not sell your data or your guests' data, ever. After
cancellation, your data stays available to export for 30 days; after that window, we
permanently delete it and can't recover it, so export what you need before then.
7. Onboarding, support, and service availability
We handle white-glove setup and data migration at no charge. Support is available
seven days a week, in Mountain Time (America/Denver); if an issue is
keeping you from running your venue, we treat it as urgent regardless of when it comes in.
We schedule routine maintenance outside your venue's typical peak hours and give at least
48 hours' notice by email, except for emergency security fixes. We work to keep the
platform available around the clock, but we don't guarantee it will be available without
interruption, and we aren't liable for lost revenue, lost profits, or other damages caused
by downtime — including an outage of your internet service, our cloud hosting providers, or
Stripe.
8. Payment processing and card data
You keep a valid payment method on file with our payment processor, Stripe. Payments are
tokenized: Omni-Play never sees or stores a full card number, and Stripe — not Omni-Play —
handles cardholder data under its own PCI-DSS compliance program. You're responsible for
the security of your own terminals, registers, and network: for example, keeping your
venue's Wi-Fi secured and never writing down, photographing, or storing a full card number
on a local device. Payout schedules, chargeback disputes, and processing fees are governed
directly by Stripe's own terms and are between you and Stripe; Omni-Play isn't responsible
for a payout delay, a chargeback outcome, or a hold Stripe places on your Stripe account. If
a renewal charge to us fails, we'll retry it and notify you; your Omni-Play subscription may
be suspended if an invoice to us remains unpaid for 15 days, and reactivated as soon as it's
settled.
9. Acceptable use
Use Omni-Play for running your venue and only in lawful ways. Don't resell access, probe or
disrupt the service, process an illegal transaction through it, or use its guest-tracking or
occupancy features to monitor, surveil, or profile children beyond what's needed to run your
venue safely — capacity counts, session timers, and admissions. Don't upload content you
don't have the right to use. Each staff member uses their own login.
10. Digital waivers and guest data release
Omni-Play provides a digital waiver tool as a convenience — you write the waiver text,
decide who must sign it, and collect the signature; we store what's signed. You're solely
responsible for the legal enforceability, text accuracy, age-of-consent validation, and
storage/retention compliance of your waivers under the laws of your state and locality,
including getting a parent's or guardian's signature when the law requires it. Omni-Play
doesn't provide legal advice and doesn't guarantee that any waiver you build or collect
through the platform will hold up if it's challenged.
11. Disclaimers, indemnification, and limit of liability
Omni-Play is provided "as is." We work hard to keep it accurate and available, but we
don't promise it will be uninterrupted or error-free, and you remain responsible for your
own business decisions and for the compliance and safety obligations covered in Sections 8
and 10. Neither of us is liable for a failure to perform this agreement caused by something
outside our reasonable control — a natural disaster, a widespread internet or utility
outage, or an act of government, for example — for as long as that event lasts. You agree to
defend and hold Omni-Play harmless from any third-party claim, loss, or expense — including
a guest's injury claim — arising from what happens at your venue or from your use of the
platform, except to the extent it's caused by our own breach of this agreement or
negligence. To the extent the law allows, our total liability under this agreement is capped
at the fees you paid us in the 12 months before the claim, and neither of us is liable for
indirect or consequential damages.
12. Governing law and other legal terms
This agreement is governed by the laws of the State of Colorado, without
regard to conflict-of-laws rules, and any dispute we can't resolve directly is decided in
the state or federal courts located in Colorado. If any part of this agreement is found
unenforceable, the rest stays in effect. This agreement is the entire agreement between us
about your subscription, and it replaces any earlier discussion or proposal on the same
subject.
13. Changes to this agreement
If we change these terms, we'll give you at least 30 days' notice by email before the
change applies to you. If a change materially reduces what you're getting, you can cancel
before it takes effect and we'll refund any unused prepaid period.
14. Platform attribution
Your Omni-Play online store shows a small "Sales powered by Omni-Play"
line and logo in its footer, linking to the Omni-Play website (omniplaysoftware.com). This
attribution is part of your standard subscription and stays on by default. To remove it and
run a fully white-labeled store, add white-labeling to your subscription for
$5 per month. You can turn white-labeling on or off at any time from your
account, and the change takes effect on your next invoice.