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.


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 Plot No. 319, Patparganj Industrial Area, Near Orion Hyundai, East Delhi, Delhi-110092, India
  • The Application is a free product that enables its creators to generate a link which can be inserted for usage through social media platforms such as 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 viewers gender, location, age group, devices, sources of traffic and other such information as subject to protection under the Information Technology Act, 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, else we may terminate the Services that are being provided to you.
  • We shall not be responsible or liable for any consequences that may arise due to the crash of the Application at any given point in time.

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..

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


  • The logo, graphics, etc on our Application are either owned by us or licensed to us by such third party respectively. You are prohibited to use such logos, graphics or any such intellectual property. without our prior and express permission.
  • 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.

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.

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.

Governing Law and Dispute Resolution


  • In the event of disputes, controversies, differences of opinion and claims arising out of or in connection with this Terms of Service, or in any way relating hereto or any term, condition or provision herein mentioned or the construction or interpretation thereof or otherwise in relation hereto, the same shall be resolved by a sole arbitrator, to be appointed jointly.
  • 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 Delhi shall have exclusive jurisdiction. However, if the situation demands, we may choose to proceed with a lawsuit.

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.

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 result of termination may lead to revoking your access to the Application, suspending your account or any other manner as we may deem fit.
  • There is no need for any notice to be communicated to you prior to such termination
  • The time period and such other details concerning the termination shall vest under the discretion of the authorities of the Application.