Term of Services

These Terms of Service including the Privacy Policy (“Terms of Service”) govern the Services (“Services”) and the mobile application of OpeninApp (“Application”/“we”/“us”/“our”). By using this Application, or availing of the Services of the Application, it is implied that you (“viewer”/ “creator”/“you”/“your”/“yourself”) agree to abide by the Terms of Service of this Application and you undertake that you have the legal capacity to enter into a legal agreement with us, which shall lead to a legally enforceable contract between you and us. The Terms of Service, thus, constitute a legal agreement between you and the Application. The relationship between you and the Application is governed by the Terms of Service and the Privacy Policy of this Agreement. The Terms of Service do not require any digital signature as it is deemed to be an electronic record under the Information Technology Act, 2000 and the rules made thereunder. By accessing our Application, you agree/sign up to each word or expression of this Terms of Service. However, if you do not agree to any word of this Terms of Service, then kindly refrain from accessing our Application. In addition to this Agreement, the Customer's use of the OpeninApp Services is governed by the OpeninApp Privacy Policy.

Information about OpeninApp

• The Application is owned, controlled, and operated by Listed Dotfans Private Limited, incorporated under the Companies Act, 2013, bearing CIN U72900DL2021PTC386400, having its registered office at 7th, 316, Main, 14th B Cross Rd, Sector 6, HSR Layout, Bengaluru, Karnataka 560102
• The Application is a free product that enables its creators to generate a link that can be inserted for usage through social media platforms such as Instagram, YouTube, WhatsApp, Telegram, etc. By clicking this link, the viewers will be directed to the respective native application, and not to the in-application browser
• It gives creators access to analytics about the links they share, like the viewer's location, age group, devices, sources of traffic, and other such information as subject to protection under the Information Technology Act, of 2000.

Access to Application

• By accessing our Application, you agree/sign up to each word of this Terms of Service, and you undertake that you have the legal capacity and sound mind, to enter into a legally binding contract with us.
• If you do not agree to any word of this Terms of Service, then kindly refrain from accessing our Application.
• The Services of the Application shall be in strict compliance with all the applicable laws of India.
• You undertake that you shall provide authentic information(“Information”) about yourself, or else we may terminate the Services that are being provided to you.
• OpeninApp is a product of Listed Dotfans Private Limited. and is provided to our customers subject to the terms set forth in the acceptable use policy. While our customers may use OpeninApp to create and store information, ownership of any such information remains with the customer and not with Listed Dotfans Private Limited. Furthermore, Listed Dotfans Private Limited reserves the right to revoke or change access to OpeninApp at any time, without notice, at our sole discretion, and without any liability or obligation to the customer. By using OpeninApp, our customers acknowledge and accept the terms outlined in this paragraph, as well as the terms set forth in the full Terms of Service agreement.

Registration & Eligibility

• If you want to create a link through our Application, then you may become a creator, by opening a free account on our Application by using your google id, apple id, or your phone number.
• Once you log in to your account on the Application, you may generate a new link that opens YouTube, Amazon, Instagram, and other websites.
• After generating the link, you may copy and paste it to your social media biography.
• If you are a viewer, then you may not open an account on the Application, you may use the link provided by the creator directly.
• You agree that you will not share your username and password with anyone and if there is any loss or damage occurring to you with respect to password security, then we shall not be liable for such loss or damage.
• We shall also not be liable for any losses or damages that may occur in consequence of your noncompliance with the registration process as may be prescribed.
• We shall not be held liable for any loss or damage that occurred to you resulting from the usage of the application as the links created and shared are between the creators and the viewers.
• You must not be under 13 years of age (or the minimum legal age as prescribed in your country to use our services, in some countries we may allow your parent or guardian to do so on your behalf).
• You have not been prohibited from using or accessing any aspect of our Site by us or pursuant to any applicable law or regulation
• You and any Site account that you created or control have not been previously banned or removed from any social media platform for any reason. If yes, your accounts validity shall vest in our discretion
• If you are a sex offender or have committed any other criminal offence, then your usage of this Application shall vest at the discretion of the company..
• OpeninApp reserves the right to refuse service to anyone, for any reason, at any time. This includes the right to exclude customers who violate the terms and conditions of the platform or engage in behavior that is harmful to other users or the platform itself.

Representations and Warranties

• You, or on behalf of whom you are creating or accessing the Services of the Application, agree to abide by the Terms of Service and Privacy Policy of this Application.
• You represent that all the information provided by you is authentic. We will not be held liable for any consequence that may arise due to non-compliance with this provision.
• You shall not misuse, publish, or display any Information or picture of any other person through the link on the Application.
• If we find that you are involved in any illegal usage of Information of any viewer/creator, we may terminate your Services from our Application, and you shall be liable as per the applicable law of India.
• We shall not entertain any claim regarding suspension or termination of your Services on the Application and such decision will be subject to our discretion.

Intellectual Property Rights

• All trademarks and intellectual property associated with OpeninApp shall remain the exclusive property of OpeninApp.
• If you use our copyright, trademark, or other proprietary details of our Application in any manner, you shall be liable for infringement of our intellectual property rights, and you will have to indemnify us for all the damages suffered by us.
• Users must not use any part of the materials on the Platform for commercial purposes without obtaining a license to do so from the Company. All rights, not otherwise claimed under this Agreement by Company are hereby reserved.
• Users accept that the Platform and software embedded within the Platform may include security components that allow digital resources to be secured. That use of these materials is subject to usage guidelines established by the Company or other parties who facilitate the same. The user agrees not to try to override, disable, circumvent, or otherwise tamper with any of the Platforms security components and usage rules.
• Company reserves the right in its sole discretion to remove any material/content/photos/offers displayed on the Platform which in Companys reasonable belief is unlawful or could subject Company to liability or is in violation of this Agreement or is otherwise found inappropriate in the Companys opinion. The company reserves the right to cooperate with any investigation in this regard.
• The company reserves the right to suspend or terminate the account of a User as deemed appropriate by it. Users agree that the Company shall have no liability to any Users, including liability in respect of consequential or any other damages, in the event Company takes any of the actions pursuant to allegations of IP infringement.
• Any feedback or suggestions provided by users regarding OpeninApp's services shall become the property of OpeninApp. Users shall not be entitled to any compensation or royalties for such feedback or suggestions.

Limitation of Liability and Disclaimer

• The particulars provided on our Application does not provide any kind of advice or suggestions but is merely for Information purpose.
• You agree that you shall be liable if you violate any provision of the Terms of Service and Privacy Policy of the Application
• You shall not have any claim against us, for any loss or gain of revenue due to usage of this Application, or any form of monetary compensation for anything associated with the service or its employees of Listed Dotfans
• In case, the Application is down or not working, at any time, then Listed Dotfans shall not be liable to entertain any such claims or issues, due to such crash of the Application.
• You agree that you shall not engage in cheating, money-laundering, getting multiple memberships, spamming, collusion, illegal or offensive conduct on our Application, else, you may be liable for such unlawful conduct.
• You agree that we shall not be liable for any illegal or offensive conduct of any third party on our Application. Further, we shall not be liable for any delay or inaccuracy in Information provided by any third party on our Application.
• User will not post or contribute any information or data that is obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue, political or other statements against the sentiment and interest of other users, the Application and the public in good faith;
• The users shall not attempt to gain unauthorized access to any part, portion or feature of the Application, or any other systems or networks connected to the Platform by any means. User shall not probe, scan or test the vulnerability of Platform nor breach the security or authentication measures on Platform or any network connected to Platform.
• Any Historical information given in the application, necessarily, is not current and is provided for your reference only. The Company has the right to modify the platforms contents but has no obligation to update any information on the forum. The user is solely responsible for monitoring changes to the information on the platform. No specified update or refresh date applied to the platform should be taken to indicate that all information on the platform or about the Services has been modified or updated. The company also holds the rights to periodically update any terms of service without any notice to the user and cannot be held liable for any foreseen or unforeseen losses or damages arising from the same.
• Occasionally there may be information on the Platform that contains typographical errors, inaccuracies or omissions that may relate to information pertaining to the products, pricing, promotions, offers, shipping charges, transit times and availability. The company reserves the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the Platform is inaccurate at any time without prior notice.
• Company undertakes no obligation to update, amend or clarify information in the Platform, including without limitation, pricing information, except as required by law. The company does not own any responsibility or obligation whatsoever towards either ensuring the accuracy of the information provided by the Users. Any reliance on the material on the Platform is at the Users own risk.
• We shall not be liable in any way for losses that may arise due to damages in your data system or for loss of any data that you may choose to download from the contents of your application. No guidance or information, written or oral, obtained from Company or via Platform, shall constitute any warranty unless stated otherwise.
• The OPENINAPP watermark on each OPENINAPP Video, if any, must remain intact and you agree not to edit, change, modify, cover, or remove the watermark from any OPENINAPP Video or assist or encourage any third party to do so; you further agree not to edit, change, modify, or create any derivative work of an OPENINAPP Video or assist or encourage any third party to do so unless and until authorized to do so.
• Our Site may contain links to social media platforms or third party websites. You acknowledge and agree that:
  1. The link does not mean that we endorse or are affiliated with the platform or website.
  2. we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to your use of the platform or website.
  3. you have read the terms and conditions and privacy policy of any platform or website before using it.
• OpeninApp reserves the right to modify, downgrade, upgrade, or terminate any part of its services at any time, for any reason, without notice or liability. This includes the right to reduce functionality, limit access, or discontinue service altogether.
• OpeninApp shall not be liable for any content accessed through links on the platform, and users agree to indemnify and hold harmless OpeninApp from any claims arising from such linked content. OpeninApp shall have the right to collect user data through such links.

Consent to Tracking:

• By using OpeninApp and its services, you hereby consent to the placement of tracking pixels from OpeninApp and third-party services. These tracking pixels may be used for various purposes, including but not limited to, analytics, advertising, and improving user experience.

Third-Party Services:

• OpeninApp utilizes tracking pixels from third-party companies to collect data and provide enhanced services. These third-party companies may collect information about your online activities over time and across different websites or online services. We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should consult the respective privacy policies of the third-party service providers.

Indemnity

• You agree that you shall indemnify us from any loss, liabilities, or damages that may arise due to your failure to provide us with the correct information.
• If you fail to comply with the Terms of Service or Privacy Policy, then you shall be liable to indemnify us wholly.
• OpeninApp makes no warranty or representation as to the quality, accuracy, completeness, or reliability of any content, data, or information obtained through the use of OpeninApp. Use of OpeninApp is at the customer's sole risk. In no event shall OpeninApp be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use of OpeninApp or any content, data, or information obtained through the use of OpeninApp, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, even if OpeninApp has been advised of the possibility of such damages. OpeninApp shall not be liable for any damages resulting from the interruption or discontinuation of OpeninApp or any part thereof, whether intentional or unintentional. By using OpeninApp, customers agree to indemnify, defend, and hold OpeninApp, its officers, directors, employees, and agents harmless from and against any claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses, including reasonable attorney's fees, arising out of or in connection with the use of OpeninApp, including any violation of the acceptable use policy.

Governing Law and Dispute Resolution

• All disputes shall be resolved through arbitration in the jurisdiction designated by OpeninApp. The designated point of contact for arbitration shall be provided by OpeninApp in writing to the user.
• Users agree to waive their right to participate in class action lawsuits against OpeninApp and agree to resolve any disputes through binding arbitration.
• The official language of the arbitration proceedings shall be English, and the same shall be governed by the provisions of the Arbitration and Conciliation Act, 1996, and the rules thereunder, as amended from time to time. The seat of the said arbitration proceedings shall be in New Delhi and the award passed by the arbitral tribunal shall be final and binding.
• The Terms of Service shall be governed by, and construed in accordance with the Laws of India and the courts of Bangalore shall have exclusive jurisdiction.
• OpeninApp may choose to countersue during arbitration proceedings at its sole discretion.

Amendment to the Terms of Service

• We may amend or alter the Terms of Service from time to time. Any changes to this Terms of Service shall become effective upon posting of the revised Terms of Service on the Application, and no communication of such alteration, amendment, or update shall be made to you. It is recommended that you regularly check these Terms of Service to apprise yourself of any updates.

Miscellaneous

• The Terms of Service shall not create any partnership or agency between you and us.
• All the parties agree that in addition to the damages, either of us shall be liable for specific performance, injunction, restraining order or such other relief.
• Each obligation is separate from the other obligations of this Terms of Service. If one or more of the obligations contained in these Terms of Service is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining obligations.
• All the matters relating to the Terms of Service shall be time bound unless and until specified otherwise either in an express or implied format.
• At the time when you access the Application, the Terms of Service shall stand duly executed between you and us.
• Certain products or services provided on the application may be subject to additional terms and conditions. By using that product or service, you agree to the Additional Terms. If any of these Terms conflict with the Additional Terms, the Additional Terms will prevail unless the Additional Terms expressly specify that none of these Terms apply.
• You acknowledge and agree we may change or discontinue any aspect of our Site at any time, without notice to you.
• We aim at providing a wholesome user-friendly experience through our Application, however, we will not be responsible for any glitch or fault with regards to any software or hardware issues such as compatibility and otherwise that may arise while using or trying to use the Application.
• By using our Products, you agree that we can show you ads that we think will be relevant to you and your interests. We use your personal data to help determine which ads to show you.
• We reserve all rights not expressly granted to you.
• OpeninApp may collect and store user data, including IP addresses and other information that users provide to the platform. This information may be used to enhance the user experience, prevent fraud, and comply with legal obligations.
• All content, including but not limited to text, graphics, logos, images, audio clips, and software, that is created or distributed on or through OpeninApp, including by referrers, shall be considered the intellectual property of OpeninApp or its licensors, unless otherwise expressly stated. By submitting or uploading any content to OpeninApp, including by referrers, you hereby grant OpeninApp a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the services provided by OpeninApp business, including without limitation for promoting and redistributing part or all of OpeninApp in any media formats and through any media channels. You represent and warrant that you have all the rights necessary to grant the license granted herein and that the content uploaded or submitted by you does not infringe upon the intellectual property rights of any third party. OpeninApp reserves the right to remove any content that is found to infringe upon the intellectual property rights of others, without notice and at its sole discretion.

Termination clause

• This agreement shall stand terminated if you indulge in any kind of misrepresentation, misconduct, illegal use or any other ground that we may deem fit.
• The time period and such other details concerning the termination shall vest under the discretion of the authorities of the Application.
• OpeninApp may terminate a user's access to the platform if the user violates the terms and conditions or engages in behavior that is harmful to other users or the platform itself.
• OpeninApp reserves the right to terminate its services and/or the user's access to the platform at its sole discretion, without notice or liability.
• OpeninApp reserves the right to terminate any user's use of OpeninApp in the event that the user violates any of the terms set forth in the terms of service and privacy policy, or engages in behavior that is harmful to other users or the platform itself, including but not limited to attempting to integrate third-party analytics, or using OpeninApp outside of its intended use cases, as determined by OpeninApp in its sole discretion.
• Termination of use may occur with or without notice, and without any liability or obligation to the customer. In addition, OpeninApp reserves the right to take appropriate legal action against any customer who violates the acceptable use policy, including seeking damages and injunctive relief.