Please read these terms carefully before using this site

Effective date: 1st November, 2023

Introduction
OpenI Partners LLP (“OpenI”, “us,” “our” or “we”) provides this website (www.openI.ai) and platform (www.app.openi.ai) collectively the “Site” to the user (“you”, “your”) under the following terms and conditions (this “Agreement” or “Terms of Use”). By using our Site or submitting any information to us, you consent to and agree to be bound by this Agreement, and any other amendments thereto. 

Additional Terms 

There are other terms and conditions that may apply to you for use of our Site:

• Acceptable Use Policy: outlines the permitted uses and prohibited uses of our Site. Learn more in the Acceptable Use Policy. 
• Privacy Policy: outlines the terms on which we process any personal data we collect from you, or that you provide to us. Learn more in the Privacy Policy. 
• Cookie Policy: outlines pieces of information that may be placed on your computer by a site for the purpose of facilitating and enhancing your communication and interaction with that site. Learn more in Cookie Policy. 

Access to our website and platform

• Access to our website: is made available free of charge. You will be given free access to the platform if we consider that you are a “Start-up” customer when you provide us with certain information about your business and purpose.

• Access to our platform: is made available to business customers at a price. In other words, you are not permitted to set up an account to access the platform unless you are a business customer who is making use of the information for business purposes only. We may charge you a fee to access the platform if we consider that you are a corporate customer or investor or an enterprise.  

The information we will ask you to provide us with may include, but is not limited to, details about your business, information regarding your funding sources and amounts of funding, and details of any patents and pending patent applications. Post internal evaluation, we will let you know if you are required to pay to access the platform. The price (including GST), and details as to how to pay, will be notified to you when you first register to access the platform. If you are required to pay, you must make payment of the full amount notified to you (without set-off, counterclaim or deduction) before you are able to access the platform. Unless we agree otherwise in writing, payment will give you access to the platform for one year from the date of payment. Your access to the platform will end one (1) year from the date of payment and will not automatically renew. For further renewal, you will have to make payment to us annually, on such terms as we have in place from time to time, if you want continued access to the platform.

In addition to other rights and remedies that we may have, your access to the platform may be terminated or suspended immediately, and at any time by us, if:

• your subscription has expired;
• you did not make payment by the due date; 
• you failed to provide us with information that is necessary for us to allow you access to the platform, provided a reasonable time was given to you;
• the contract is ended in accordance with our Terms of Use; or
• we consider you have breached any provision of our Terms of Use.

Suspension or withdraw our Site

We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We may give you reasonable notice of any suspension or withdrawal. You are responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply thereto.

Account Safety

• If you choose, or you are provided with, a username and password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
• We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.
• If you know or suspect that anyone other than you is aware of your username or password, you must promptly notify us at info@openi.ai.

No Representations or Warranties

Your access to the Site is at your sole risk. The information, recommendations and our services are provided on “AS IS” and “AS AVAILABLE” basis without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We make no representation as to the completeness or accuracy of the information provided on the Site. Such information is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site. You acknowledge and agree that we do not provide any representation, warranty or assurance that the offering on the Site. To the extent provided by law, we assume no liability or responsibility for any errors or omissions in the content of the Site. We have not reviewed all of the links provided on the Site and are not responsible for the content of any other website pages. Clicking on hyperlinks and visiting any other website pages is done at your own risk. OpenI does not assure a complete sustainability of its service and shall not be held responsible or liable for the same, in any manner. 

Indemnification
You agree to indemnify, defend and OpenI, our affiliates, licensors, and each of our officers, directors, other users, employees, attorneys and agents from and against:

• any and all claims, actions, liabilities, damages, losses, costs, expenses, and fees of any kind (including reasonable attorneys’ fees and legal costs), arising from or relating to use of Site or any violation of the Terms of Use or any other agreement executed with OpenI or another user on your behalf;
• any acts or deeds, including for any non-compliance or violation, of any applicable law, rules, regulations on your part;
• for fraud committed by you;
• or your infringement of any intellectual property or other right of any person or entity.;
• or as a result of any threatening, libellous, obscene, harassing or offensive material posted / transmitted by you on the Site.

Limitation of Liability 

In no event shall OpenI be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever, whether based on contract, tort, negligence, strict liability or otherwise, even if OpenI has been advised of the possibility thereof.  In addition, and without limiting the foregoing, to the fullest extent permitted by applicable law, in no event will OpenI’s aggregate liability arising out of or in connection with these user terms or the services rendered hereunder, whether in contract, tort (including negligence, product liability, or other theory), warranty, or otherwise, exceed the amount of INR 1,000/- (Indian Rupees One Thousand only). If applicable law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of the liability of OpenI shall be the minimum permitted under applicable law. 

Changes to the terms and Termination

You understand and agree that we may, without prior notice, change any of our terms, change the Site, stop providing the Site, applications or services, or create usage limits for the Site. Revised terms and policy will become effective at the time of posting, your continued use of our Site after we publish our changes to these terms means that you are consenting to the updated terms as of their effective date. If you object to any of these changes, you may discontinue your use. We may permanently or temporarily terminate or suspend your access to the Site without notice or liability, for any reason or for no reason, including if in our sole determination you violate any provision of these Terms of Use. Upon termination of these Terms of Use or your access to the Site for any reason or no reason, you will continue to be bound by these Terms of Use which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Intellectual Property
OpenI (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to (i) the Site, application, product, service and any suggestions, ideas, enhancement requests, feedback, recommendations or any other offering; (ii) text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code; or (iii) other information provided by you or any other party relating to the Site, application or the service. Third party trademarks may appear on this Site and all rights therein are reserved to the registered owners of those trademarks. For use of any third party’s intellectual property, you need to get permission directly from the owner of the intellectual property for any use. This Agreement do not constitute a sale and do not convey to you any rights of ownership in or related to the Site or the services provided. You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by use of the Site. You may use information on the Site purposely made available by us for downloading purposes, provided that you: (i) do not remove any proprietary notice language in all copies of such documents and make no modifications to the information; (ii) use such information only for your personal, non-commercial informational purpose and do not exploit, copy or post such information on any networked computer or broadcast it in any media; or (iii) do not make any additional representations or warranties relating to such information.

OpenI trademarks are registered “OpenI” logo is an Indian registered trademark of OpenI Partners LLP. You are not permitted to use this trade mark without our approval, unless otherwise permitted. 

Restricted Actions
You shall not (i) licence, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Site in any way; (ii) modify or make derivative works based upon the service; (iii) create Internet “links” to the service or “frame” or “mirror” any Site on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Site in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the service or Site, or (c) copy, reproduce, record, or make available to the public any ideas, features, functions or graphics of the service or Site, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the service or Site. 

You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Site, or the data contained therein; or (v) attempt to gain unauthorised access to the Site, or its related systems or networks. 

OpenI will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that OpenI has no obligation to monitor your access to or use of the Site, service or posted content, but has the right to do so for the purpose of operating the Site to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other Governmental body. OpenI reserves the right, at any time and without prior notice, to remove or disable access to any content that OpenI, at its sole discretion, which considers to be in violation of this Agreement or otherwise harmful to the Site.

Uploading content to our Site
Whenever you make use of a feature that allows you to upload content to our Site, or to make contact with other users of our Site, you must comply with the content standards set out in our Acceptable Use Policy. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you licence to us are described in rights you are giving us to use material you upload. We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any information you have uploaded to our Site or any posting you make on our Site if, in our opinion, it does not comply with the content standards set out in our Acceptable Use Policy. You are solely responsible for securing and backing up your content.

Rights you are giving us to use material you upload on our Site 

When you provide us with information to access the Site, or when you upload or post content to our site, you grant to us:

1. a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that information and/ or content on our site and in connection with the products or service provided by our Site and across different media and you shall not have any monetary claims whatsoever against us in this regard.
2. the right to use the information and/ or content to promote the Site; and
3. to allow third parties to use that information and/ or content in accordance with the functionality and operation of the Site.

The rights conferred by above shall endure and will not be affected by:

1. the expiry of any subscription that you have to access the Site;
2. the termination or expiry of any contract that we have entered into with you from time to time; or
3. the removal, alteration or deletion of any information or content that you provided to us or uploaded or posted to the site.

Rules for linking to our Site to your website

Subject to prior approval by us, you may link our Site to our home page in a way that is fair and legal manner, and which does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part. You must not establish a link to our Site in any website that is not owned by you. Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy. If you wish to link to or make any use of content on our Site other than that set out above, please contact us. 

Governing Law and Jurisdiction

This Agreement shall be governed by the laws of India, and the courts at Mumbai shall have exclusive jurisdiction with respect to any dispute arising hereunder. 

Force Majeure
OpenI shall not be liable for any failure to perform any obligations under this Agreement, if the performance is prevented, hindered or delayed by direct or indirect, acts of nature, events, omissions, accidents or causes beyond its reasonable control, including, but not limited to, internet failure, network or computer equipment failures, telecommunication equipment failure, electrical power failures, strikes, lock-outs or other industrial disputes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, breakdown of plant or machinery, acts of God, war, governmental actions or orders, orders of domestic or foreign courts or tribunals other unforeseeable circumstances (“Force Majeure Event”) and in such cases our obligations under this Agreement shall be suspended for so long as the Force Majeure Event continues.

General Terms

In the event that any provision of this Agreement or related policies or the application thereof, becomes or is declared by a court of competent jurisdiction to be illegal, void or unenforceable, the remainder of this Agreement or related policies will continue in full force and effect and the application of such provision to other persons or circumstances will be interpreted so as reasonably to effect the intent of the parties hereto.

This Agreement (including additional terms that may be provided by us when you engage with a feature of the services) is the only agreement between us regarding the services and supersedes all prior agreements. In the event of any contradiction or inconsistency between this Agreement and any other agreement executed between you and OpenI, the terms of this Agreement shall prevail unless the exception has been expressly agreed to in writing.

If we don’t act to enforce a breach of this Agreement that does not mean that OpenI has waived its right to enforce this Agreement. You may not assign or transfer this Agreement to anyone without our consent. However, you agree that OpenI may assign this Agreement to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Agreement.