Revised on August, 2024
OpenInApp Top Secret Links is owned, registered and operated by Listed Dotfans Private Limited, an incorporated company with its registered office at 7th, 316, Main, 14th B Cross Rd, Sector 6, HSR Layout, Bengaluru, Karnataka 560102, India (hereinafter referred to as “OpenInApp” or “us” or “we” or “our” or “Company”).
This document sets out the terms and conditions of using our services, through either of our platforms. These terms and conditions (“Terms of Use”), are between OpeninApp and you, (hereinafter referred to as “you” or “your” or “User(s)”). By accessing either of our platforms (“Platforms”), our website www.OpenInApp.in (“Website”) and/or our app ‘OpeninApp’ (“App”), you agree to be bound by the provisions of these Terms of Use. OpeninApp provides its services (described below) to you through its Platforms and related services. These Terms of Use govern you, and your conduct, regardless of the means of access to the Platforms. You represent and warrant you possess the capacity and legal right to enter into this agreement and to use the Platforms for the services, in accordance with the terms and conditions contained herein. For the purpose of these Terms of Use, wherever the context so requires "you" or "User" or “End User” shall mean any individual who is desirous of availing Services on the Platform as a Fan and/or a Creator and who are registered on the Platform for this purpose or any visitor of the Platform as the case may be. This document is an electronic record of the terms under the Indian Contract Act 1872 and the terms of Information Technology Act 2000 read with the rules and regulations made thereunder (including any enactments, amendments or re-enactments thereof) and does not require any physical, electronic or digital signatures. Please read the Terms and Privacy Policy ( “Privacy Policy” ) carefully before using or registering on the Platform or accessing any material information through the Platform. By accessing the Platform as a User, You accept these Terms and Privacy Policy and agree to be legally bound by the same. Further, by furnishing Your Personal Information (as defined in the Privacy Policy) (“Personal Information”) to the Company or giving Your consent to the Company to access Your Personal Information for the purpose of rendering the Services (as defined below), You also agree that You are interested in availing the Services through the Platform in accordance with these Terms.
OpenInApp provides its services (described below) to you through its Platforms and related services. These Terms of Use govern you, and your conduct, regardless of the means of access to the Platforms. You represent and warrant you possess the capacity and legal right to enter into this agreement and to use the Platforms for the services, in accordance with the terms and conditions contained herein.
This document is an electronic record under the Indian Contract Act 1872 and the Information Technology Act 2000 read with the rules and regulations made thereunder. It does not require any physical, electronic, or digital signatures.
Please read the Terms and Privacy Policy (“Privacy Policy”) carefully before using or registering on the Platform or accessing any material information through the Platform. By accessing the Platform as a User, You accept these Terms and Privacy Policy and agree to be legally bound by the same.
IF YOU DO NOT AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS CAPTURED IN THE TERMS, PLEASE DO NOT USE THE PLATFORM OR SERVICES.
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Use at any time. If we do this, depending on the nature of the change, we will post the changes on this page and indicate at the top of this page the date these terms were last revised and/or notify you, either through the services' user interface, in an email notification or through other reasonable means. Any changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms of Use.
At OpenInApp, we respect the privacy of our users. For details, please see our Privacy Policy (accessible at this link). By using the Service, you consent to our collection and use of personal data as outlined therein. OpenInApp does not sell the personal data or information of its Users (which includes creators on its Platforms), nor does it disclose or share any personal data or information with any third-party, except as per the Privacy Policy, and where it is required by law to do so. OpenInApp only collects data or information from its Users that are directly related to its purpose, or incidental to such purposes, as set out in its Privacy Policy, including, but not limited to, collecting data for registering User on
OpenInApp reserves the right to modify or discontinue, temporarily or permanently, any of the service (or any part thereof) on its Platforms, with or without notice. You agree that OpenInApp will not be liable to you or to any third party for any modification, suspension or discontinuance of any of the Services. We have no obligation to retain any of your Account or User content for any period of time beyond what may be required by applicable law.
You acknowledge that OpenInApp may establish general practices and limits concerning use of the Platforms, including without limitation the maximum period of time that data or other content will be retained by the Platforms and the maximum storage space that will be allotted on OpenInApp' servers on your behalf. You agree that OpenInApp has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded on the Platform. You acknowledge that OpenInApp reserves the right to terminate accounts that are inactive for an extended period. You further acknowledge that OpenInApp reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Certain services that are available via a mobile device, including (i) the ability to upload content to the Platform, (ii) the ability to browse the Platform and the Site from a mobile device and (iii) the ability to access certain features through the App downloaded and installed on a mobile device collectively called as the "Mobile Services"
To the extent, you access the Platforms through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding OpenInApp and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your OpenInApp account information to ensure that your messages are not sent to the person that acquires your old number.
The Platform provided by OpeninApp is only a platform that can be utilized by Users to reach a larger base to buy and sell services, where Users utilize to meet and interact with one another for their transactions.
As a condition of use, You promise not to use the Services for any purpose that is prohibited by the Terms; or other rules or policies implemented by Us from time to time; or in violation of any applicable laws and in such cases, OpeninApp reserve its right to withhold any part or whole of the payment pending to be remitted to the User. User undertakes that he/she shall not use the Platforms for:
It is understood that OpenInApp is only a facilitator between the Users (both Creator and Fan) of its Platform. At no point does OpenInApp initiate/ modify/ direct creation or sharing of User Content. We aim to not knowingly facilitate any illegal or unauthorized activity, and strongly discourage it. However, in light of our role to ensure a safe user experience, some best practices may be followed by the Creators, in addition to any legal obligation under applicable law:
OpenInApp may charge a nominal fee for browsing and buying on the Platform. OpenInApp reserves the right to change its Fee Policy from time to time. In particular, OpenInApp may at its sole discretion introduce new services/fees and modify some or all of the existing services/fees offered on the Platform. In such an event, OpenInApp reserves the right to introduce fees for the new services offered or amend/introduce fees for existing/new services, as the case may be. Changes to the Fee Policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Listed Dotfans Private Limited.
Positive and Negative Balances in Payment Accounts
Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Platforms and services provided thereon, including as it concerns online conduct and acceptable content.
OpenInApp prohibits sending unsolicited messages or endorsing illegal activities using the Platforms. You may not in connection with the Platforms engage in commercial activity on non-commercial properties or apps or high-volume activity without our prior written consent. You may not engage in conduct or activity that is disruptive to the Platforms or the experience of other Users.
User agrees to comply with all applicable anti-corruption laws and agree to not use the Platforms for any corrupt practices including but not limited to collecting unlawful payments from anyone for a corrupt purpose in relation to these Terms of Use.
You acknowledge and agree that the Platform may contain content or features that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. The ‘OpenInApp’ name and logos are trademarks of Listed Dotfans Private Limited. All goodwill generated from the use of OpenInApp trademarks will insure to our exclusive benefit.
Under no circumstances will OpenInApp be liable in any way for any content or materials of any third parties (including Users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that OpenInApp does not pre-screen content, but that OpenInApp and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Platforms. Without limiting the foregoing, OpenInApp and its designees will have the right to remove any content that violates these Terms of Use or is deemed by OpenInApp, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
With respect to the User Content or other materials uploaded by you on the Platforms or shared with other Users or recipients, you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant OpenInApp, its affiliated companies and partners including but not limited to OpenInApp instructors, practitioners and other third parties providing instructional information through the Services, collectively "partners") a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, adapt, perform, publish, distribute through multiple tiers of distribution and partnerships, store, modify and otherwise use and fully exploit your User Content in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes (commercial or otherwise). You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Service ("Submissions"), provided by you to OpenInApp, its affiliated companies or partners are non-confidential and OpenInApp, its affiliated companies and partners will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
OpenInApp respects the intellectual property of others, and we ask our users to do the same. If you believe that your work (or someone you know and are authorized to act for) has been copied in a way that constitutes copyright infringement, or that your intellectual property rights (or intellectual property rights of someone you know and are authorized to act for) have been otherwise violated, you should notify OpenInApp by email to [email protected] informing about your infringement claim in accordance with the procedure set forth below:
If you believe that any User Content on OpenInApp is violative of your (or that of someone you know and are authorized to act for) privacy or other personal rights or is defamatory please follow the following instructions.
A complaint can be submitted by contacting us at [email protected]. Please be sure to include responses to items envisaged above as requirements in a notification. If you are unsure whether there has been an infringement of your copyright or about your rights in the material, we suggest that you seek legal advice before reporting the material to us or sending us a counter-notice. Our response to your notice is regulated by applicable law. There may be negative consequences if you falsely alleged copyright infringement or report material to us in bad faith. In addition, we may, in appropriate circumstances and at our discretion, disable, terminate, and/or take other appropriate steps relating to the accounts of users who may be repeat infringers. We will try and conduct an investigation over the matter in an expeditious manner and take down any such post if your complaint seems accurate post our investigation.
If a counter-notice is received, OpenInApp will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
OpenInApp has adopted a policy of terminating, in appropriate circumstances and at OpenInApp’s sole discretion, users who are deemed to be repeat infringers. OpenInApp may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
The Users may provide, or third parties may provide, links or other access to other sites and resources on the internet. OpenInApp has no control over such sites and resources and OpenInApp is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that OpenInApp will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Platforms are between you and the third party, and you agree that OpenInApp is not liable for any loss or claim that you may have against any such third party.
OpenInApp is a facilitator between the Users (both Creator and Fan) of its Platform. In addition to whatever else is contained in these Terms of Use, you understand and acknowledge that the Platforms are only a technological medium to enable our Users to connect with each other. As such, it is important to note that transactions, transaction Price and all commercial terms are as per principal to principal bipartite contractual obligations between Fan and Creator and do not include OpenInApp as a party thereto. At no point does OpenInApp initiate/ modify/ direct creation or sharing of User Content.
You may enable or log in to the Platforms via various online third party services, such as social media and social networking services like Facebook, Instagram etc ("Social Networking Services"). By logging in or directly integrating these Social Networking Services into the Platforms, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and OpenInApp' use, storage and disclosure of information related to you and your use of such services within OpenInApp (including your friend lists and the like), please see our Privacy Policy. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and OpenInApp shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Platforms. In addition, OpenInApp is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, OpenInApp is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. OpenInApp enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
You agree to release, indemnify and hold OpenInApp and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury including death) arising out of or relating to your use of the Platforms, any User Content, your connection to the Platforms, your violation of these Terms of Use or your violation of any rights of another.
YOUR USE OF THE PLATFORMS IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS'' AND "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, OPENINAPP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. OPENINAPP MAKES NO WARRANTY THAT (1) THE SERVICE WILL MEET YOUR REQUIREMENTS, (IN) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PLATFORMS WILL MEET YOUR EXPECTATIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT OPENINAPP WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OPENINAPP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE PLATFORM; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PLATFORM; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PLATFORM; OR (V) ANY OTHER MATTER RELATING TO THE USE OF THE PLATFORMS. IN NO EVENT WILL OPENINAPP TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID OPENINAPP IN THE LAST SIX 6 SUBSCRIPTIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES PROVIDED ON THE PLATFORMS OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
All disputes, claims, or controversies arising out of or relating to the Terms of Use or the Platforms that are not resolved by mutual agreement may be resolved by individual (not group) binding arbitration to be conducted before a lawyer. Unless otherwise agreed by the parties, arbitration will be held in Bengaluru before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, and will be conducted in accordance with the rules and regulations promulgated unless specifically modified in the Terms of Use. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator's decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms of Use and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms of Use, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses including the reasonable legal fees and expenses of the prevailing party against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys' fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction. Notwithstanding the provisions of the introductory section above, if OpenInApp changes this 'Arbitration' section after the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the date above or in the date of OpenInApp’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and OpenInApp in accordance with the provisions of this section as of the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use). YOU UNDERSTAND AND AGREE THAT THE ABOVE DISPUTE PROCEDURES SHALL BE YOUR SOLE REMEDY IN THE EVENT OF DISPUTE BETWEEN YOU AND OPENINAPP REGARDING ANY ASPECT OF THE SERVICE ON THE PLATFORMS (INCLUDING THE ENROLMENT PROCESS) AND THAT YOU ARE WAIVING YOUR RIGHT TO LEAD OR PARTICIPATE IN A LAWSUIT INVOLVING OTHER PERSONS, SUCH AS A CLASS ACTION.
You agree that OpenInApp, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Platforms and remove and discard any content within the Platform, for any reason, including, without limitation, for lack of use or if OpenInApp believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Platforms, may be referred to appropriate law enforcement authorities. OpenInApp may also in its sole discretion and at any time discontinue providing the services on the Platforms, or any part thereof, with or without notice. You agree that any termination of your access to the Platforms under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that OpenInApp may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Platforms altogether. Further, you agree that OpenInApp will not be liable to you or any third party for any termination of your access to the Platforms. If under any circumstances, a Creator wishes to terminate their association with OpenInApp, or OpenInApp, under any circumstances, needs to blacklist/ ban the Creator from the Platform, for eg. breach of Company Policies by the Creator, which includes Terms of Use, and Privacy Policy. OpenInApp will will not release any payout to the Creator in such cases; and -The Creator is obligated to indemnify OpenInApp in accordance with the provisions of clause 8 in the 'Indemnity and Release' section of the Terms of Use. Without waiving any other rights available to OpenInApp under the law, the Creator shall be held liable to compensate, indemnify, defend, and hold harmless OpenInApp, its affiliates, its directors, and its employees from losses, liabilities, damages, claims related to cybercell issues, fraud cases raised by banks, causes of action, interest, penalties, and any other costs or expenses (including, but not limited to, reasonable attorneys’ fees and expenses).
You agree that you are solely responsible for your interactions with any other user in connection with the Platforms and OpenInApp will have no liability or responsibility with respect thereto. OpenInApp reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Platform.
The User agrees and acknowledges that the Company is only a facilitator and does not direct or determine the content that is posted, published, disseminated, or shared on the Platforms. The User also understands that the Company is subject to other agreements and arrangements, and legal and statutory obligations, to defend, contest, or represent the User whenever a complaint has been received against such User, and pay necessary fee under such agreements and arrangements, or statutory or other necessary fee for contesting the disputes arising out of the complaints. As such, whenever a complaint is raised against a content, or the creator of such content, its channel or otherwise where the complaint has been made substantially on account of actions or omissions attributable to the creator, the Company shall have the authority to:
These Terms of Use constitute the entire agreement between you and OpenInApp and govern your use of the Platform, superseding any prior agreements between you and OpenInApp with respect to the use of the Platform. These Terms of Use will be governed by the laws of the State of Karnataka without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth in Point 10 above, you and OpenInApp agree to submit to the personal and exclusive jurisdiction of the state and High courts located within Karnataka, India. The failure of OpenInApp to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. Without prejudice to any other provision herein, OpenInApp shall not be liable for any loss, damage or penalty as a result of any delay in or failure to deliver or otherwise perform hereunder due to any cause beyond OpenInApp's control, including, without limitation, acts of the User or other Users, embargo or other governmental act, regulation or request affecting the conduct of the OpenInApp’s business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labour difficulties, lightning, flood, windstorm or other acts of God. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any discrepancies or grievances with regard to content and or comment or breach of the Terms and Conditions shall be taken up as mentioned below via in writing or through email signed with the electronic signature to Email ID: [email protected]. The grievance officer will acknowledge the receipt of any complaint within 48 hours and redress the complaint within 15 days from receipt of the
complaint.