Release Date of these Terms of Service: June 25th, 2025
Effective Date of these Terms of Service: June 25th, 2025
These Terms of Service (“Terms”) inform you of the following information:
Thank you for downloading our mobile software application (“App”), visiting the related website located at https://www.openow.com/ or accessing our services through any other authorized interface (collectively, hereafter referred to as “Platform”) owned or controlled by Openow (“Openow,” “we,” “us” or “our”), and the products, services and features we make available to you as part of the Platform (together, the “Service”).
By accessing or using our Services, you confirm that you can form a binding contract with us, that you accept these Terms of Service (“Terms”) and that you agree to comply with them. Your registering, accessing or using the Platform or using the Service is subject to these Terms, the Privacy Policy (accessible at https://openow.com/rules/privacy_policy.html and via our App) and other applicable terms we may publish and update in connection with your use of the Service from time to time (together, this “Agreement”). To have a copy of this Agreement or if you have any questions about this Agreement, you may also contact us via email as provided in Section 20 “Contact Us”.
We may update these Terms from time to time at our sole discretion. When we make material changes, we will notify you by updating the date of these Terms and, where appropriate, providing additional notices such as in‑app alerts. Updates take effect immediately upon posting. It is your responsibility to review these Terms regularly. By continuing to use the Platform after changes are posted, you accept and agree to the updated Terms.
Description. We provide an online marketplace accessible via the Platform that connects users for the purchase and sale of goods and products (each, an “Item”, collectively, “Items”). If you purchase Items or make offers through the Platform, you are a “Buyer.” Sellers may include third‑party merchants or, in certain cases, Openow itself. If you wish to list or sell Items through the Platform, you must apply to become a “Seller.” Becoming a third‑party Seller requires prior approval, and we reserve the right to review, approve, or reject any application at our sole discretion. Sellers may be subject to additional requirements or conditions depending on the type of Items offered. A“Transaction” refers to any purchase and sale of an Item between a Buyer and a Seller through the Platform. While Openow may help facilitate Transactions between Buyers and third‑party Sellers on the Platform, it does not act as a party to any agreement between Buyers and third‑party Sellers, nor does it assume any responsibility or liability for such agreements, including without limitation the listing of Items, Buyers’ payment obligations, Sellers’ fulfillment obligations and any applicable product warranties. All responsibilities and risks related to each Transaction rest solely with the Buyers and third‑party Sellers.
Changes of Services. We reserve the right to modify, expand, or discontinue any part of the Platform or its offerings at any time and without notice.
Payment. The Platform uses third‑party payment service providers, and users are required to comply with their respective terms and conditions.
License. Subject to your complete and ongoing compliance with this Agreement, Openow hereby grants you a revocable, non‑exclusive, non‑transferable, non‑sublicensable right and license to access and use the Service solely for your business purposes.
Eligibility to use the Service. To create an account (“Account”) on the Platform, you must be at least 18 years old. By registering for an Account, you confirm that you are 18 or older and otherwise meet the eligibility criteria outlined in these Terms. If you do not satisfy these conditions or do not agree to all of the provisions herein, you are not permitted to register or continue using any Account. Minors aged 13 to 17 may access the Service only through an Account set up by their parent or legal guardian, and only with that adult’s express consent and active supervision.
Log‑In Credentials. While you may browse the public‑facing portions of the Service without registering, to access the full features of our Service, you must download the App and register by logging in through your account on a third‑party platform (e.g., Facebook, Google, Apple ID). Upon doing so, we will create an Account for you that is linked to your third‑party platform account.
Account Security. You are responsible for the security of your Account, and are fully responsible for all activities that occur through the use of your credentials. You agree to notify us immediately via the contact information in Section 20 “Contact Us” if you suspect or know of any unauthorized use of your log‑in credentials or any other breach of security with respect to your Account. Openow will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying Openow of such unauthorized use or loss of your credentials. Separate log‑in credentials may be required to access External Sites (defined in Section 12 below).
Accuracy of Information. When creating an Account, you will provide true, accurate, current and complete information as Openow requests. You will update the information about yourself promptly, and as necessary, to keep it current and accurate. We reserve the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your Account if activities occur on your Account which, in our sole discretion, would or might constitute a violation of this Agreement, cause damage to or impair the Service, infringe or violate any third‑party rights, damage or bring into disrepute the reputation of Openow, or violate any applicable laws or regulations. If messages sent to the e‑mail address you provide are returned as undeliverable, then Openow will confirm with you before terminating and deleting your Account connected to this e‑mail address. If you provide confirmation, we may terminate your Account immediately without any liability to you or any third party. This section also applies to Accounts created and managed by a parent or legal guardian on behalf of a minor aged 13 to 17.
Seller Information. Third‑party Sellers must meet our eligibility criteria and apply by submitting all requested information and documents, which may include but are not limited to (i) bank account details; (ii) government‑issued identification e.g., a copy of a valid government‑issued identification as an individual, or a copy of a government‑issued record or tax document that includes the business name and physical address; (iii) contact information, including full name, email address, physical address, phone number; (iv) tax ID; and (v) social media accounts (“Seller Information”). Approval of seller status is at the sole discretion of Openow. All submitted information must be truthful, complete, and kept up to date. Sellers agree to inform Openow immediately of any changes to the Seller Information and review such Seller Information annually. Failure to do so may result in suspension or termination of Seller privileges.
Disclosure of Seller Information. As required by applicable laws and regulation, Openow may require Sellers to disclose certain Seller Information to Buyers.
Review of Application. We reserve the right to review, approve, or reject any Seller application at our sole discretion.
Accurate Descriptions. Sellers must clearly indicate the condition of each Item (e.g., new, unsealed, or used) on product detail pages and during live stream presentations, where applicable. Sellers must ensure that all item descriptions and images truthfully represent the actual condition and features of the items listed. Any discrepancies between the listing and the actual product are the Seller’s responsibility. If Sellers provide inaccurate or misleading information, Openow may impose penalties including but not limited to fines, withholding payments, removal of listings, or account suspension.
Prohibition of Counterfeit and Unauthorized Items. Sales of counterfeit, stolen, unauthorized, or otherwise illicit goods are strictly forbidden. Openow reserves the right to remove such listings and report Sellers to the appropriate authorities. Sellers are liable for all consequences arising from violations.
Payment Process. Full payment is collected at the time the Buyer places the order. After receiving the Buyer’s payment, we will deduct any applicable fees and taxes in accordance with the Agreements and other policies before transferring the remaining amount to the Seller.
Payment Methods. To complete any purchase on the Platform, you must provide a valid and current payment method (“Payment Method”), which may include credit cards (Visa, MasterCard, American Express), Apple Pay, Google Pay, or other methods supported by our third‑party payment processors, such as Airwallex and PayPal (“Payment Processors”). Availability of certain Payment Methods may vary depending on your location or device. By adding a Payment Method, you represent and warrant that you are authorized to use it. You are solely responsible for ensuring the accuracy and validity of all payment and payout account information you provide.
Authorization. By confirming a purchase, you authorize us to transmit your payment details to our Payment Processors to complete the transaction. You also confirm that you’re legally allowed to use the selected Payment Method. It’s your responsibility to ensure your payment details are correct and updated. Failed payments may lead to delays or account restrictions.
Fees. We charge Sellers a fee for each Transaction, as disclosed in the applicable pricing information made available on the Platform or through other communications from us. This fee is automatically deducted before any payout is made to the Seller. We may, from time to time, charge fees for certain features or Services offered on the Platform. The applicable fees and payment terms will be disclosed through the Platform. By using any such Services, you agree to pay the corresponding fees. We reserve the right to introduce, modify, or discontinue any such fees at our sole discretion.
Taxes. You are solely responsible for all taxes, duties, and government charges (“Taxes”) that may apply to your use of the Platform, including any arising from the sale or purchase of Items. This includes your responsibility to determine, collect, report, and remit all applicable Taxes to the appropriate tax authorities. In certain jurisdictions, we may be legally required to collect or withhold Taxes on your behalf (such as sales taxes or withholding taxes) and remit them to the relevant authority. If so, we may deduct such amounts from your payments or collect them using your Payment Method on file or any other means available to us. All fees charged by the Platform are exclusive of any applicable Taxes, and you are responsible for paying such Taxes in addition to the stated fees. We may report your Platform activity to tax authorities as required under applicable law.
Timely Shipment. Sellers are required to package sold items properly and ship sold items in a timely manner in compliance with applicable laws and the Platform’s shipping policies. Failure to do so may result in order cancellation, refund to Buyers, potential penalties or suspension.
Shipping Methods. Openow supports standard domestic shipping services (e.g., USPS, UPS, FedEx) in the United States. Subject to the Agreements, other policies on the Platform and shipping service providers’ terms and conditions, Sellers may use Openow’s fulfillment service, or remain responsible for shipping orders themselves.
Shipping Costs and Labels. Openow may provide prepaid shipping labels or coordinate shipping logistics. If shipping costs exceed prepaid amounts, Sellers are responsible for the difference. Buyers typically pay shipping costs calculated and displayed at checkout. Sellers may offer free shipping promotions or bundled shipping options approved by the Platform.
Tracking. Sellers must provide valid tracking information upon shipment.
All Transactions on the Platform are final (“AS IS”) due to the collectible nature of items. Please double‑check your orders before confirming payment. However, refunds or replacements may be approved in limited cases, including: (i) the Item arrives significantly damaged, (ii) the Item materially differs from its description, (iii) the wrong Item is delivered, or (iv) the Item is lost in transit. Openow may, at its discretion, either handle return and refund requests directly or allow Sellers to manage such requests through the Platform. Any review, facilitation, or communication by the Platform in connection with a claim does not create any obligation or liability on the Platform to process or guarantee a refund or return. Where Sellers are permitted to handle returns and refunds directly, they must comply with Openow’s return policy and remain fully responsible for the process and outcome.
In addition to any other restrictions set forth in this Agreement, and without limiting those restrictions, when using the Service, you agree not to (and not to attempt to):
Scope of User Content. As part of your use of the Platform, you may submit, upload, or broadcast various types of content, including but not limited to text, images, audio, video, live streams, comments, or other material (“User Content”). This may include product showcases, live selling footage, reviews, profile pictures, and Transaction‑related communication. Ownership of your User Content remains with you. Uploading such User Content does not transfer any ownership rights to Openow.
License to Use Your Content. By submitting or making User Content available through the Platform, you grant Openow and its affiliates a worldwide, non‑exclusive, irrevocable, royalty‑free, sublicensable, and transferable license to use, store, reproduce, adapt, publish, modify, display, and distribute such content in connection with the operation, maintenance, marketing, and improvement of the Platform and related services. This license covers, but is not limited to:
You acknowledge that such use may involve formatting, editing, or otherwise transforming your content, and that such usage does not require further notice or compensation to you.
Waiver of Certain Rights. To the maximum extent permitted by law, you waive any rights to object to Openow’s use, modification, or adaptation of your User Content, including any rights of attribution or integrity typically associated with moral rights or authorship. If your content includes your name, image, voice, or likeness, you grant the Platform the right to use such personal attributes in connection with the display, promotion, or public reference of your content, without additional consent or payment.
Responsibility for User Content and Legal Compliance. You are solely responsible for the legality, accuracy, and propriety of any User Content you provide. You represent and warrant that:
Openow reserves the right to remove or restrict access to any User Content it deems to be in violation of these terms or applicable law and to take appropriate action against the responsible user account.
Respect for Third Party Rights. Openow respects the intellectual property of others and takes the protection of intellectual property very seriously, and we ask our users to do the same. Infringing activity will not be tolerated on or through the Service.
Repeat Infringer Policy. Openow's intellectual property policy is to (i) remove or disable access to any content, including listings or media, that Openow reasonably believes, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available through the Service; and (ii) remove any User Content uploaded to the Service or suspend accounts of users determined to be “repeat infringers”. A “repeat infringer” is any user for whom Openow has received more than two valid takedown notices. Openow reserves the discretion to suspend or terminate a user account after a single notice or upon its own determination of infringement.
Procedure for Reporting Claimed Infringement. If you believe that any content on the Platform infringes your intellectual property rights, please promptly report it (“Notification of Claimed Infringement”) by using the “Report” feature in our App if applicable, or by sending such Notification of Claimed Infringement to the Designated Agent (as defined below). The Notification of Claimed Infringement must include substantially the following:
We may share your Notification of Claimed Infringement with the user alleged to have infringed your intellectual property rights, and you hereby consent to us making such disclosure.
Action upon Notification. Upon receiving a proper Notification of Claimed Infringement, Openow may disable access to or remove such infringing content.
Designated Agent Contact Information. Openow's designated agent for receipt of Notifications of Claimed Infringement (“Designated Agent”) can be contacted via email as provided in Section 20 “Contact Us”.
Counter Notification. If you believe that content removed from the Platform was taken down by mistake or misidentification, you may file a counter notification (“Counter Notification”) with our Designated Agent. To be effective, a Counter Notification must be in writing, provided to Openow's Designated Agent through the method identified above and include substantially the following information:
A party submitting a Counter Notification should consult a lawyer to confirm the party's obligations to provide a valid counter notification under the Copyright Act.
Reposting of Content Subject to a Counter Notification. If you submit a Counter Notification to Openow in response to a Notification of Claimed Infringement, then Openow will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that Openow will replace the removed content or cease disabling access to it in 10 business days, and Openow will replace the removed content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless Openow's Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on Openow's system or network.
False Notifications. Any person who knowingly materially misrepresents: (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of Openow relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. Openow reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.
The Service may contain links to or the ability to share information with third‑party websites (“External Sites”). Openow does not endorse any External Sites or the content made available on such External Sites. All External Sites and any content thereon is developed and provided by others. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such content located on such External Sites. Openow is not responsible for the content of any External Sites and does not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer and mobile devices from viruses and other destructive programs. If you decide to access any External Sites, purchase any content from External Sites or subscribe to services offered by such External Site, then you do so at your own risk. You agree that Openow will have no liability to you arising from your use, engagement, exposure to or interaction with any External Sites.
While we are continually working to develop and evaluate our own product ideas and features, we know we don't have all the answers. We therefore welcome your feedback, comments and suggestions. If you choose to contribute by sending us or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games or other types of content), promotions, strategies or product/feature names or any related documentation, artwork, computer code, diagrams or other materials (collectively, “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to Openow, you agree that:
the fullest extent permitted by applicable law, the Platform and Services are offered on an “as is” and “as available” basis without warranties of any kind, whether express, implied, or statutory. We do not warrant that the Services will be uninterrupted, error‑free, secure, or free of harmful components, or that any data or content will be preserved or not otherwise lost or altered.
Except as expressly provided in writing, we disclaim all warranties and conditions, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, non‑infringement, and those arising from a course of dealing or usage of trade. We do not guarantee the accuracy, completeness, or reliability of any content (including product listings, license, User Content, advertisements, transaction data, pricing estimates, or third‑party information) available through the Services.
You acknowledge that your use of the Services and your interactions with other users are at your sole risk. We are not responsible for verifying the legitimacy, quality, or condition of any Items sold or purchased on the Platform. You are solely responsible for evaluating any user, listing, or Transaction you engage with.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights, so these exclusions may not apply to you in full.
To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to loss of profits, revenue, goodwill, data, or business opportunity, whether based in contract, tort (including negligence), strict liability, or otherwise, even if we have been advised of the possibility of such damages.
Our total cumulative liability to you for any claims arising out of or related to your use of the Services or any Transaction conducted through the Platform, regardless of the form of the action, shall not exceed the greater of: (a) the total fees paid by you to us for the Services in the twelve (12) months preceding the event giving rise to the claim; or (b) USD $100. If you have not paid any fees, our maximum liability is limited to USD $100.
We do not assume any responsibility for, and shall not be liable for, any disputes, losses, or damages arising from transactions between users of the Platform. Unless explicitly stated otherwise, we are not a party to any agreement between Buyers and third‑party Sellers and do not guarantee the completion, quality, or legality of any transaction.
We shall not be responsible for any temporary or permanent interruptions to the Services, including delays in processing payments, technical malfunctions, or loss of access to your account or content.
Where applicable law does not allow certain limitations of liability, the above limitations may not apply to you.
To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless Openow, its affiliates and their respective officers, directors, employees, agents, suppliers and licensors (collectively, “Openow Parties”) from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from (a) your breach of this Agreement; (b) your access to, use or misuse of Openow content or the Service; or (c) your User Content. Openow will provide notice to you of any such claim, suit or proceeding. Openow reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section if Openow believes that you are unwilling or incapable of defending Openow’s interests. In such case, you agree to cooperate with any reasonable requests assisting Openow’s defense of such matter at your expense.
To the fullest extent permitted by law, any dispute you have with any third party arising out of your use of the Service, including, by way of example and not limitation, any carrier, copyright owner or other users, is directly between you and such third party, and you irrevocably release the Openow Parties from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Term. As between you and Openow, the term of this Agreement commences as of your first use of the Service and continues until the termination of this Agreement by either you or Openow.
Termination. You may terminate this Agreement by sending written notification to Openow via the contact information in Section 20, deleting the App from your mobile device and terminating all other uses of the Service. If you wish to delete any of your User Content from the Service, you may be able to do so using the permitted functionalities of the App, but the removal or deletion of such User Content will not terminate this Agreement. Openow reserves the right, in its sole discretion, to restrict, suspend or terminate this Agreement and your access to all or any part of the Service at any time without prior notice or liability if you breach any provision of this Agreement or violate the rights of any third party copyright owner of musical works or sound recordings. Openow may further terminate this Agreement immediately for any other reason with or without notice to you, using the email address associated with your account credentials. Openow reserves the right to change, suspend or discontinue all or any part of the Service at any time without prior notice or liability.
Survival. Sections 9‑20 and all defined terms used therein will survive the termination of this Agreement indefinitely.
This Agreement is governed by the internal substantive laws of Singapore, without respect to its conflict of law provisions. Any dispute arising out of or in connection with the Agreement, including any question regarding existence, validity or termination of the Agreement, shall be referred to and finally resolved by arbitration administered by Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of SIAC (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English.
You acknowledge that this Agreement is between you and Openow only, not with Apple, and Apple is not responsible for the App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the App or your possession and use of the App infringes that third party's intellectual property rights. You agree to comply with any applicable third party terms, when using the App. Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby represent and warrant that (i) you are not located in a country that is subject to a United States Government embargo, or that has been designated by the United States Government as a "terrorist supporting" country; and (ii) you are not listed on any United States Government list of prohibited or restricted parties.
If you have any questions regarding this Agreement or wish to reach us, please contact:
Skywork AI Pte. Ltd.
2 Science Park Drive, #01‑08, Ascent, Singapore 118222
For general user support and order-related inquiries: service@openow.com
For legal, compliance, intellectual property, privacy, or complaint matters: contact@openow.com