Effective Date: June 16, 2025
These Terms of Use ("Terms") govern your access to and use of the OpenToll website, services, and applications (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms, our Privacy Policy, and all other terms incorporated by reference. If you do not agree to these Terms, do not use our Service.
1. Acceptance of Terms
By creating an account, clicking "I Agree," or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. These Terms constitute a legally binding agreement between you and OpenToll.
2. Eligibility
You must be at least 18 years old and capable of forming a binding contract to use the Service. By using the Service, you represent and warrant that you meet these eligibility requirements. The Service is currently intended for use by drivers on specified Illinois toll roads (where I-PASS is accepted).
3. Your OpenToll Account
Account Creation: To use the Service, you must create a free account with OpenToll. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
License Plate Registration: You must register your vehicle's valid, permanent license plate(s) with your OpenToll account. You understand and agree that OpenToll relies on the accuracy of the license plate information you provide. OpenToll is not responsible for any charges or penalties incurred due to incorrect or outdated license plate information.
Account Security: You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account. You agree to notify OpenToll immediately of any unauthorized use of your account or any other breach of security. OpenToll will not be liable for any loss or damage arising from your failure to comply with this security obligation.
Multiple Vehicles: You may register up to five (5) vehicles per account. For additional vehicles, you must contact OpenToll customer support.
Rental/Temporary Plates: OpenToll does not currently support rental vehicles or temporary license plates.
4. Toll Payment Service
Future Tolls Only: OpenToll processes payments for future toll charges incurred after your license plate is successfully registered and your account is in good standing. OpenToll does not handle or resolve past due tolls, violations, or outstanding charges incurred prior to your account activation. Such past charges must be settled directly with the Illinois Tollway or relevant Toll Authority.
Deposit Requirement: To use the Service, you must maintain a sufficient deposit balance in your OpenToll account to cover anticipated toll charges. You are responsible for monitoring your account balance and ensuring it has adequate funds.
Funding Your Account: You can fund your OpenToll account by depositing funds using approved payment methods. You authorize OpenToll to charge your selected payment method for deposits.
Toll Charge Processing: OpenToll will track your registered vehicle's toll usage via information provided by the Toll Authority. Once a toll charge is posted by the Toll Authority, it will appear on your OpenToll account for review.
Review Period: You will have a seven (7) day period from the time a toll charge is posted to your account to review and either approve or dispute the charge. If you do not approve or dispute the charge within this seven (7) day period, the charge will be automatically approved and processed for payment from your account balance.
Insufficient Funds: If your account has insufficient funds to cover a toll charge, OpenToll will attempt to notify you. You are responsible for promptly adding funds to your account to cover the outstanding balance. OpenToll is not responsible for any late fees, fines, or violations incurred due to insufficient funds in your OpenToll account.
License Plate Registration Confirmation: OpenToll will notify you when the Toll Authority accepts your license plate registration, typically within twenty-four (24) hours of submission.
Toll Tags: If your registered license plate is also linked to an active physical toll tag (e.g., I-PASS transponder), OpenToll will not receive or process toll charges for that license plate until the tag is delinked. You are responsible for managing your physical toll tags.
5. Fees and Charges
Toll Charges: You are responsible for paying the full toll road charges as posted by the Toll Authority for your registered vehicle(s).
Convenience Fee: OpenToll charges a convenience fee of 15% of the total toll road charges. This fee is added to each toll transaction.
Refunds of Deposits:
- For brand new accounts where license plate registration is rejected by the Toll Authority, OpenToll will refund 100% of the initial deposit within seven (7) days.
- For all other accounts, deposits are refundable up to 120 days from the refund request date. The refunded amount will be reduced by any outstanding toll road charges posted by the Toll Authority and by OpenToll's applicable processing fees.
6. Notifications
OpenToll will send you notifications via email and/or SMS (based on your selected preferences) for events such as: successful license plate registration, incurred toll charges, low account balance alerts, and payment processing confirmations. You are responsible for ensuring your contact information is accurate and for managing your notification preferences.
7. Deregistration of Vehicles
If you no longer own or use a vehicle registered to your OpenToll account, you must log into your account and deregister the associated license plate. You will remain responsible for all toll road trips incurred by that vehicle until the date of successful deregistration, as soon as such charges are posted by the Toll Authority.
8. Intellectual Property
All content, features, and functionality on the Service, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are the exclusive property of OpenToll or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
9. Prohibited Uses
You agree not to use the Service:
- In any way that violates any applicable federal, state, local, or international law or regulation.
- For any fraudulent or unlawful purpose.
- To impersonate or attempt to impersonate OpenToll, an OpenToll employee, another user, or any other person or entity.
- To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm OpenToll or users of the Service or expose them to liability.
- To introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
10. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. OPEN TOLL HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
OPEN TOLL DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. OPEN TOLL DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR NEEDS OR EXPECTATIONS.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL OPEN TOLL, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
OpenToll shall not be held liable for any charges, fees, or penalties incurred by the user under the following circumstances:
- Toll charges posted by the Toll Authority prior to the successful activation of an OpenToll account.
- Any period during which an OpenToll account is not in good standing.
- Missed payments resulting from insufficient funds within the user's OpenToll account.
- Actions or omissions by the Toll Authority, including, but not limited to, the denial of disputes.
- The provision of inaccurate or incomplete License Plate information by the user, including, but not limited to, errors in state, number, or vehicle type.
- Toll charges associated with a License Plate already linked to an active transponder/tag.
- Failure by the user to timely deactivate a License Plate from their OpenToll account.
- Use of a vehicle not duly registered to the OpenToll account.
- Tolls incurred outside of OpenToll's designated service area.
12. Indemnification
You agree to defend, indemnify, and hold harmless OpenToll, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your User Contributions, any use of the Service's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Service.
13. Governing Law and Jurisdiction
All matters relating to the Service and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Illinois, without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Service shall be instituted exclusively in the federal or state courts located in Cook County, Illinois, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
14. Arbitration
At OpenToll's sole discretion, it may require you to submit any disputes arising from these Terms or use of the Service, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Illinois law.
15. Severability
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
16. Entire Agreement
These Terms of Use, our Privacy Policy, and any other terms incorporated by reference constitute the sole and entire agreement between you and OpenToll regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.
17. Changes to the Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Service thereafter. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes.
18. Contact Information
To ask questions or comment about these Terms of Use, contact us at:
- support@opentoll.com
- P.O. Box 41092 Carol Stream, IL 60197-4109