Terms & Conditions

1. Introduction and Acceptance

These Terms and Conditions ("Terms") govern your access to and use of the Open Key platform, website, and services ("Services") operated by Open Key Techlabs Private Limited ("Open Key", "we", "us", or "our"), a company incorporated under the Companies Act 2013 and registered in India.

By accessing or using our Services at https://openkey.in, registering an account, or clicking "I Agree", you ("User", "you", or "your") confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you must immediately discontinue use of our Services. These Terms constitute a legally binding agreement between you and Open Key.

2. Definitions

In these Terms, the following definitions apply:

• "Platform" means the Open Key website at https://openkey.in, including all web pages, features, tools, and services accessible through it.
• "Account" means the registered account you create to access our Services.
• "Business Owner" means any individual or entity that registers on the Platform to create and manage a business website.
• "Open Key" means the drag-and-drop tool provided by Open Key to create and publish business websites.
• "Subscription" means a paid plan that grants access to specific Platform features for a defined period.
• "User Content" means any content, data, text, images, information, or material you upload, submit, or publish through the Platform.
• "Build Service" means the professional website development service provided by Open Key or its authorised partners for a fee.
• "Free Trial" means the limited-period access to paid Platform features provided at no charge.

3. Eligibility

To use the Platform, you must:

• Be at least 18 years of age or the legal age of majority in your jurisdiction.
• Have the legal capacity to enter into binding contracts under Indian law.
• Be registered as a business entity or be a sole proprietor operating a lawful business in India.
• Provide accurate, complete, and current information during registration and keep it updated.
• Not have been previously suspended or removed from the Platform for any violation of these Terms.

By using the Platform, you represent and warrant that you meet all eligibility requirements. Open Key reserves the right to verify your eligibility at any time and to suspend or terminate your Account if you do not meet these requirements.

4. Account Registration

4.1 Creating an Account

To access most features of the Platform, you must create an Account. During registration, you will be required to provide your name, email address, mobile number, and business details including your GST number or Udyam Aadhaar registration number.

4.2 Account Security

You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You agree to notify us immediately at support@openkey.in if you suspect any unauthorised use of your Account.

Open Key shall not be liable for any loss or damage arising from your failure to maintain the security of your Account credentials.

4.3 Account Verification

Open Key may require you to verify your identity, business registration, or contact details at any time. Failure to complete verification may result in restricted access to or termination of your Account.

5. Platform Services

5.1 Open Key

Open Key provides a Open Key that enables you to create, customise, and publish a business website. The Open Key includes access to templates, sections, and tools as specified in your Subscription plan.

You retain full ownership of your website content. Open Key does not claim ownership over any User Content you create using the Open Key.

5.2 Build Service

Open Key offers a professional Build Service whereby our team or authorised agency partners build your website on your behalf for a fee. Build Service terms, timelines, fees, revision rounds, and deliverables are governed by a separate Open Key Service Agreement entered into at the time of purchase.

The average build fee is determined by the scope of work and plan selected. Payment terms for Build Services are set out in the relevant service agreement.

5.3 Lead Management

The Platform includes tools to capture, view, and manage enquiries received through your website contact forms and other integrated channels. Lead data collected through your website belongs to you. Open Key processes this data as a Data Processor on your behalf in accordance with our Privacy Policy and Data Processing Agreement.

5.4 Add-On Services

Open Key offers add-on services including but not limited to CRM tools, additional traffic capacity, extra storage, WhatsApp API integration, SEO publishing tools, and priority listing. Add-on services are subject to additional fees and are governed by the terms applicable to each add-on.

5.5 Free Trial

Open Key offers a 14-day free trial of paid Platform features. The free trial is available to new users only. No credit card is required to start a free trial. At the end of the free trial period, your Account will revert to the free tier unless you have subscribed to a paid plan.

Open Key reserves the right to modify, extend, or terminate the free trial offer at any time without prior notice.

6. Subscriptions and Payment

6.1 Subscription Plans

Open Key offers the following Subscription plans: Starter, Business, Growth, and Scale. Each plan includes different features, storage limits, traffic capacity, and marketplace visibility as described on our pricing page at openkey.in/pricing.

6.2 Payment

Subscription fees are charged in Indian Rupees (INR) and are payable in advance on a monthly or annual basis depending on the plan selected. Payment is processed through our authorised payment gateway partners. By providing payment details, you authorise Open Key to charge the applicable fees to your chosen payment method.

6.3 Price Changes

Open Key reserves the right to modify Subscription fees at any time. We will provide at least 30 days advance written notice of any price changes via email to your registered email address. Continued use of the Platform after the effective date of a price change constitutes your acceptance of the new fees.

6.4 Taxes

All fees are exclusive of applicable taxes including Goods and Services Tax (GST). You are responsible for paying all applicable taxes on your Subscription. GST will be applied at the prevailing rate and shown separately on your invoice.

6.5 Late Payment

If payment is not received by the due date, Open Key may suspend your Account and restrict access to the Platform until all outstanding amounts are paid. Open Key reserves the right to charge interest on overdue amounts at the rate of 18% per annum.

7. User Content and Intellectual Property

7.1 Your Content

You retain all ownership rights in and to your User Content. By uploading or publishing User Content on the Platform, you grant Open Key a non-exclusive, worldwide, royalty-free licence to host, store, display, and transmit your User Content solely for the purpose of providing the Services to you.

7.2 Open Key Intellectual Property

The Platform, including all software, designs, templates, code, trademarks, logos, and content created by Open Key, is the exclusive intellectual property of Open Key Techlabs Private Limited and is protected by applicable intellectual property laws. You may not copy, modify, distribute, sell, or sublicense any part of Open Key's intellectual property without our prior written consent.

7.3 Template Licence

Templates provided by Open Key are licensed to you for use on a single website associated with your Account. You may not resell, redistribute, or sublicense templates to third parties.

7.4 Feedback

If you provide feedback, suggestions, or ideas regarding the Platform, you grant Open Key an irrevocable, perpetual, royalty-free licence to use such feedback for any purpose without obligation to compensate you.

8. Prohibited Conduct

You agree not to use the Platform to:

• Publish, upload, or transmit content that is unlawful, defamatory, obscene, pornographic, or otherwise objectionable.
• Infringe the intellectual property rights, privacy rights, or any other rights of any third party.
• Engage in any activity that constitutes a criminal offence or gives rise to civil liability under Indian law.
• Distribute malware, viruses, or any other malicious code.
• Engage in spamming, phishing, or any other deceptive practice.
• Attempt to gain unauthorised access to any part of the Platform or any other systems or networks.
• Use the Platform to facilitate pyramid schemes, multi-level marketing, or fraudulent activities.
• Scrape, crawl, or extract data from the Platform without our prior written consent.
• Impersonate any person or entity or falsely represent your affiliation with any person or entity.
• Use the Platform for any purpose that violates applicable laws or regulations including the Information Technology Act 2000, the DPDP Act 2023, and all rules and regulations thereunder.
• Resell, sublicense, or commercially exploit the Platform or any part thereof without our prior written consent.

9. Data and Privacy

Your use of the Platform is subject to our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to the collection, processing, and use of your data as described in our Privacy Policy.

You acknowledge that Open Key may use aggregated and anonymised data derived from your use of the Platform for internal analytics, product improvement, AI model training, and marketing purposes as described in our Privacy Policy.

10. Third-Party Services

The Platform may integrate with or contain links to third-party services, tools, payment gateways, and websites. Open Key does not endorse or assume responsibility for any third-party services. Your use of third-party services is governed by the terms and privacy policies of those third parties.

Open Key uses third-party payment gateway partners to process payments. We do not store your full payment card details on our servers.

11. Suspension and Termination

11.1 Termination by You

You may terminate your Account at any time by contacting us at support@openkey.in or through your Account settings. Termination does not entitle you to a refund of any prepaid fees except as provided in our Refund and Cancellation Policy.

11.2 Suspension or Termination by Open Key

Open Key reserves the right to suspend or terminate your Account and access to the Platform at any time, with or without notice, if we reasonably believe that you have violated these Terms, engaged in fraudulent activity, or if required to do so by law.

11.3 Effect of Termination

Upon termination, your right to access and use the Platform ceases immediately. Open Key may delete your Account and User Content after a period of 30 days from the date of termination. You are responsible for exporting any data you wish to retain before termination.

12. Disclaimers

The Platform and Services are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied. Open Key does not warrant that the Platform will be uninterrupted, error-free, or free from viruses or other harmful components.

Open Key does not guarantee any specific results from the use of the Platform including but not limited to website traffic, leads, customer enquiries, or business growth. Results depend on multiple factors outside our control including your business, your content, your market, and your efforts.

13. Limitation of Liability

To the maximum extent permitted by applicable law, Open Key and its directors, officers, employees, agents, and partners shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Platform.

In no event shall Open Key's total liability to you for any claims arising out of or in connection with these Terms or the Platform exceed the total fees paid by you to Open Key in the three months immediately preceding the event giving rise to the claim.

14. Indemnification

You agree to indemnify, defend, and hold harmless Open Key Techlabs Private Limited and its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with your use of the Platform, your User Content, your violation of these Terms, or your violation of any rights of any third party.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of India. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Ahmedabad, Gujarat, India.

Before initiating legal proceedings, both parties agree to attempt to resolve any dispute through good-faith negotiation for a period of 30 days from the date on which one party notifies the other of the dispute.

16. Amendments

Open Key reserves the right to amend these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website and by sending an email to your registered email address at least 14 days before the changes take effect. Your continued use of the Platform after the effective date of the amended Terms constitutes your acceptance of the changes.

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.

18. Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, and any other agreements or policies referenced herein, constitute the entire agreement between you and Open Key with respect to the Platform and supersede all prior agreements, understandings, and representations.

19. Contact Us

If you have any questions about these Terms, please contact us:

Company: Open Key Techlabs Private Limited
Email:support@openkey.in
Support: support@openkey.in
Website: https://openkey.in
Address: Ahmedabad, Gujarat, India

1. Purpose

This Acceptable Use Policy ("AUP") sets out the rules and guidelines for acceptable use of the Open Key platform, website, and services operated by Open Key Techlabs Private Limited ("Open Key", "we", "us", or "our").

This AUP applies to all users of the Platform including registered business owners, website visitors, and any person or entity that accesses the Platform in any capacity. This AUP forms part of our Terms and Conditions.

We reserve the right to suspend or terminate access to the Platform for any user who violates this AUP. We may also report violations to the appropriate authorities.

2. Permitted Use

The Platform is designed for lawful business use. You may use the Platform to:

• Create and publish a professional website for your lawful business.
• Showcase your products, services, and business information.
• Collect business enquiries and leads from potential customers.
• Manage your business's online presence and digital marketing.
• Use the tools and features provided within your Subscription plan.

All use of the Platform must comply with applicable Indian laws and regulations including the Information Technology Act 2000, the DPDP Act 2023, the Indian Penal Code, the Consumer Protection Act 2019, and all other relevant legislation.

3. Prohibited Content

You may not use the Platform to create, publish, host, or distribute any content that:

3.1 Illegal Content

• Violates any applicable law or regulation in India or the jurisdiction where your business operates.
• Promotes, facilitates, or assists in any criminal activity.
• Infringes the intellectual property rights, privacy rights, or other rights of any third party.
• Violates any court orders, injunctions, or legal restrictions.

3.2 Harmful and Offensive Content

• Is defamatory, libellous, or constitutes malicious falsehood.
• Is obscene, pornographic, or sexually explicit.
• Promotes hatred, discrimination, or violence against any person or group based on religion, race, caste, gender, sexual orientation, disability, or any other characteristic.
• Harasses, bullies, threatens, or intimidates any individual or group.
• Encourages or glorifies self-harm, suicide, or dangerous activities.

3.3 Deceptive and Fraudulent Content

• Is false, misleading, or deceptive in any material respect.
• Impersonates any person, business, or entity.
• Makes false claims about your products, services, qualifications, or affiliations.
• Constitutes or facilitates fraud, phishing, or any other deceptive scheme.
• Violates the Consumer Protection Act 2019 or any applicable consumer protection regulations.

3.4 Regulated and Restricted Content

• Promotes the sale of alcohol, tobacco, or controlled substances without the required licences and age verification.
• Promotes gambling or betting services that are not legally authorised in India.
• Promotes pharmaceutical products or medical devices without appropriate regulatory approvals.
• Relates to financial services including securities, investment advice, or money lending without the required licences from SEBI, RBI, or other regulatory bodies.
• Promotes weapons, arms, ammunition, or explosive materials.

4. Prohibited Activities

You may not use the Platform to engage in or facilitate any of the following activities:

4.1 Technical Misuse

• Attempting to gain unauthorised access to any part of the Platform, our servers, or any third-party systems.
• Introducing malware, viruses, Trojan horses, spyware, or any other malicious code.
• Conducting denial of service attacks or any other activity that interferes with the availability or performance of the Platform.
• Scraping, crawling, or extracting data from the Platform by automated means without our prior written consent.
• Reverse engineering, decompiling, or disassembling any part of the Platform.
• Using automated bots or scripts to create accounts, submit forms, or interact with the Platform in any unauthorised manner.

4.2 Spam and Unsolicited Communications

• Sending unsolicited commercial communications (spam) to any person.
• Using the Platform's lead management or contact features to send bulk unsolicited messages.
• Harvesting email addresses or other contact details from the Platform for the purpose of sending spam.
• Creating fake accounts or using the Platform to generate artificial traffic or engagement.

4.3 Misuse of the Platform

• Reselling, sublicensing, or commercially exploiting the Platform or any part thereof without our prior written consent.
• Using the Platform to build websites for businesses other than your own without entering into an authorised agency partner agreement with Open Key.
• Circumventing any technical limitations, access controls, or security features of the Platform.
• Creating multiple free accounts to circumvent the free trial limitation.
• Using the Platform in a way that could damage Open Key's reputation or bring Open Key into disrepute.

4.4 Prohibited Business Types

Open Key does not permit the Platform to be used by businesses that primarily operate in the following categories:

• Businesses that are not registered or operating legally in India.
• Businesses engaged in the production, sale, or distribution of illegal goods or services.
• Businesses operating unlicensed financial services including unlicensed money lending, chit funds, or ponzi schemes.
• Businesses operating unlicensed gambling or betting services.
• Businesses primarily engaged in adult entertainment or sexually explicit content.
• Businesses that promote or facilitate human trafficking or exploitation.

5. User Content Standards

All content you publish on your website through the Open Key Platform must meet the following standards:

• Be accurate and not misleading about your business, products, or services.
• Comply with all applicable advertising standards and consumer protection laws.
• Not make unsubstantiated claims about the efficacy, quality, or characteristics of your products or services.
• Include all legally required disclosures applicable to your business type and industry.
• Respect the intellectual property rights of others and not contain copied or plagiarised content.

Open Key does not pre-screen or monitor all User Content but reserves the right to review, remove, or require modification of any content that we believe violates this AUP.

6. Reporting Violations

If you become aware of any content or activity on the Platform that you believe violates this AUP, please report it to us at:

Email: support@openkey.in
Subject Line: AUP Violation Report

Please include as much detail as possible including the URL of the relevant website, a description of the violation, and any supporting evidence. We will investigate all reports and take appropriate action.

7. Consequences of Violation

If we determine that you have violated this AUP, we may take any of the following actions at our sole discretion:

• Issue a formal warning.
• Require removal or modification of violating content.
• Temporarily suspend your Account and access to the Platform.
• Permanently terminate your Account without refund.
• Report the violation to appropriate law enforcement authorities.
• Take legal action against you for any losses or damages suffered by Open Key or third parties as a result of the violation.

We will endeavour to notify you of any action taken, except where we are prohibited from doing so by law or where notification would compromise an investigation.

8. Appeals

If you believe that action has been taken against your Account in error, you may appeal by contacting our Grievance Officer within 14 days of receiving notification of the action:

Name: Jigar Padhiyar
Email: support@openkey.in

We will review your appeal and respond within 14 business days. Our decision on appeal is final.

9. Changes to This Policy

Open Key reserves the right to amend this AUP at any time. We will notify you of material changes by email or by posting the updated AUP on our website. Continued use of the Platform after the effective date of any changes constitutes your acceptance of the updated AUP.

10. Contact Us

Legal and Compliance: support@openkey.in
Grievance Officer: support@openkey.in
General Support: support@openkey.in
Website: https://openkey.in
Address: Ahmedabad, Gujarat, India