Terms of Use

OpenTrust ("OpenTrust", "we", "us") is operated by Parity Cube Pvt Ltd, D/6 Goragandhi, Opp Railway Station, Chandavarkar Road, Borivali West, Mumbai 400091 (the "Operator"). OpenTrust is a free, community-run online platform on which business users ("Merchants") may record their own experiences involving mobile numbers and look up experiences recorded by other Merchants, through a website and an application programming interface (together, the "Service").

These Terms are a binding agreement between you and the Operator. By registering, creating an API key or using the Service you accept them and our Privacy Policy. If you do not accept them, do not use the Service. If you accept on behalf of a business, you confirm you are authorised to bind it, and "you" includes that business.

• Report: content submitted by a Merchant: a mobile number, a category, an optional short note, and related dates.
• Check: one lookup of one mobile number through the Service. Result: what a Check returns.
• Individual: a natural person to whom a mobile number or other information in a Report relates.
• Merchant Content: all Reports and anything else a Merchant submits.
• Operator Parties: the Operator, its founders, directors, officers, employees, contractors, volunteers, contributors, affiliates and service providers.
• Applicable Law: laws in force in India that apply to you or the Service, including the Information Technology Act, 2000 and rules under it (including the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021), the Digital Personal Data Protection Act, 2023 and its rules (when and as in force), the Consumer Protection Act, 2019 and the Indian Contract Act, 1872.

• The Service is for businesses operating in India. The person registering must be at least 18 and authorised to bind the business.
• Registration is subject to our approval, which we may grant, refuse or withdraw at our sole discretion, with or without reasons.
• You must give accurate information and keep it current. You are responsible for all activity under your account and API keys, and must keep keys confidential and revoke any that may be compromised. We may treat any use of your key as yours.
• We record that you accepted these Terms, the version, the time and your IP address, and may rely on that record as evidence of your acceptance.

OpenTrust is an online intermediary within the meaning of the Information Technology Act, 2000. Merchant Content is created and submitted by Merchants, not by us. We do not initiate the transmission of Merchant Content, select who receives it, or edit it, other than as needed to operate, secure and moderate the Service. Where the law gives intermediaries protection for third-party content, we rely on it, and we observe the due-diligence requirements that apply to us.

OpenTrust is not a credit information company, credit bureau, consumer reporting agency, background-check, identity-verification, investigation or law-enforcement service, and is not a blacklist. Nothing on the Service is "credit information" under the Credit Information Companies (Regulation) Act, 2005, and you must not use it for credit, lending, insurance, employment or tenancy decisions.

We do not verify, endorse, adopt or vouch for any Merchant Content. A Report is the opinion and recollection of the Merchant that wrote it. It is not a statement, finding, allegation or opinion of ours, and it is not a finding that any Individual committed fraud or any other wrongdoing. We have no duty to monitor, verify, correct, update or remove Merchant Content, though we may do so, and our choosing to act in one case creates no duty to act in any other.

If you submit a Report you represent, warrant and undertake, on submission and continuing for as long as it remains on the Service, that:

• it is based on your business's own direct experience and is true, accurate and not misleading to the best of your knowledge, information and belief;
• you have a lawful basis to share the mobile number and note with us and for us to process and show them as these Terms and the Privacy Policy describe, and you have given your customers any notice, and obtained any consent, that Applicable Law requires, including by describing this kind of sharing in your own privacy notice;
• it is neutral fact, with no accusation, abuse, or defamatory, obscene, discriminatory or threatening language, and no names, addresses, emails, links, other phone numbers or other personal information about any Individual;
• you are not submitting it out of malice, to harass or intimidate anyone, to settle a personal dispute, to gain a competitive advantage, or in exchange for any benefit; and
• you will promptly tell us if you learn it is inaccurate, outdated or was submitted by mistake.

You are solely responsible for every Report you submit, and for any claim by anyone arising from it. We may reject, edit, restrict or remove any Report at any time, with or without notice or reasons, and are not liable to you or anyone for doing so or for not doing so. Reports are shown to other Merchants without naming your business, but our administrators can see it, and we may disclose it, and any related information, to a court, regulator, law-enforcement or other competent authority where we believe in good faith that the law or a lawful order requires it, or where it is needed to establish, exercise or defend legal claims.

• Results are unverified and may be incomplete, outdated, mistaken or malicious. An absence of Reports does not mean an absence of risk.
• Any decision you take, or do not take, is yours alone. You will treat a Result as one input among others, will not take adverse action against a person solely because of a Result, and will have a person review any decision that materially affects a customer.
• You will not state or imply to a customer or anyone else that OpenTrust, or any particular Merchant, is the reason for a decision, and will not try to identify, contact or retaliate against the Merchant behind a Report.
• You will comply with Applicable Law, including consumer-protection, anti-discrimination and data-protection law, in how you use Results. You alone are responsible for the lawfulness of what you do with them.

You must not: (a) resell, sublicense, republish, scrape, bulk-export or build a competing database from Results or the Service; (b) check numbers at random or in sequence, enumerate numbers, or otherwise probe the Service to discover Reports or who made them; (c) share your API key or use it for anyone but your own business; (d) circumvent rate limits, security or access controls; (e) submit false, duplicate, fabricated or retaliatory Reports; (f) use the Service for any unlawful purpose; (g) interfere with the Service or other users; or (h) use the Service to build or train a product that identifies or profiles Individuals.

We may, at any time and at our sole discretion: monitor use of the Service for security, abuse prevention and compliance; moderate, edit, restrict or remove any content; limit, suspend or end any account or key; change allowances, rate limits, features or pricing; and change, suspend or discontinue the Service or any part of it, with or without notice. We are not obliged to host or retain any content, and offer no service level or uptime commitment.

We and our licensors own the Service, its software, design and compilation. We grant you a limited, revocable, non-exclusive, non-transferable licence to use the Service for your own business in line with these Terms. You keep ownership of your Merchant Content and grant us a worldwide, perpetual, irrevocable, royalty-free, sublicensable, non-exclusive licence to host, store, process, reproduce, adapt, display and disclose it, including to other Merchants through the Service, to operate, secure, improve and defend the Service, and as required by law. Feedback you give us may be used by us freely and without payment.

The Service is free. Each approved Merchant receives an allowance of Checks, currently 100,000, and may ask us for more. We may change, reduce, suspend or end any allowance at any time. An allowance has no cash value, is not property, is not transferable and gives no right to continued access. Sharing Reports does not earn or entitle you to any benefit. Any voluntary contribution made to support the project is a gift, is non-refundable, creates no obligation on us and does not change what you receive.

To the fullest extent permitted by Applicable Law, the Service and all Merchant Content and Results are provided "as is" and "as available", with all faults. The Operator Parties make no warranty or representation of any kind, express, implied or statutory, including as to accuracy, completeness, timeliness, reliability, availability, security, non-infringement, merchantability, fitness for a particular purpose, or that the Service will be uninterrupted or error-free, or that any Report is true or lawful. Nothing on the Service is legal, financial, credit or professional advice. You use the Service entirely at your own risk and accept that decisions based on it may be wrong.

To the fullest extent permitted by Applicable Law: (a) the Operator Parties will not be liable for any indirect, incidental, special, exemplary, consequential or punitive loss, or for loss of profit, revenue, business, goodwill, data or opportunity, however caused and on any theory, even if advised of the possibility; (b) the Operator Parties will not be liable for any Merchant Content, any Result, any act or omission of any Merchant or Individual, or any decision made or action taken in reliance on the Service; and (c) the total aggregate liability of the Operator Parties to you for all claims will not exceed INR 1,000. You acknowledge that the Service is free, that these limits are a fundamental part of the basis on which we offer it, and that we would not offer it without them. Any claim you have must be brought within one (1) year after it arises, or it is permanently barred. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud.

To the fullest extent permitted by Applicable Law, you release the Operator Parties from all claims, demands and damages, known and unknown, arising out of or in connection with any dispute between you and another Merchant or any Individual, or any Merchant Content, Result or decision based on them.

You will defend, indemnify and hold harmless the Operator Parties from and against all claims, demands, proceedings, losses, liabilities, damages, penalties, fines, costs and expenses (including reasonable legal fees), whether brought by an Individual, another Merchant, a regulator or any other person, arising out of or relating to: (a) any Report or other Merchant Content you submit; (b) your use of the Service or Results, or any action or decision taken or not taken based on them; (c) your breach of these Terms or Applicable Law; (d) your infringement or violation of any person's rights, including privacy, reputation and data-protection rights; or (e) your failure to give notices or obtain consents you are responsible for. We may take sole control of the defence and settlement of any such matter at your expense, and you will cooperate fully. You may not settle any claim that affects us without our written consent.

If you believe content on the Service is unlawful, inaccurate or infringes your rights, or you are an Individual who believes a number was recorded in error, write to our Grievance Officer, Jimish Jobanputra, at [email protected] with enough detail for us to identify the content and understand the complaint. We will acknowledge within 24 hours and aim to resolve within 15 days. We may remove or restrict content while we review, and may remove it afterwards or decline to, at our sole discretion and acting in line with the intermediary obligations that apply to us. We will act on content that a court or competent authority orders us to remove within the time required. We are not liable for removing content in good faith, or for taking time to review a complaint.

You may stop using the Service and ask us to close your account at any time. We may suspend or terminate your access immediately, without liability, if we believe you have breached these Terms or Applicable Law, have put the Service or anyone at risk, or for any other reason on reasonable notice. On termination your licence ends, but Reports you submitted may remain on the Service, subject to the Privacy Policy. Any provision that by its nature should survive termination does so, including those on Merchant Content, licence, disclaimers, limitation of liability, release, indemnity and governing law.

These Terms are governed by the laws of India. The parties will first try to resolve any dispute in good faith through written notice and discussion for 30 days. Failing that, the dispute will be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 before a sole arbitrator mutually appointed by the parties or, failing agreement within 15 days, appointed in accordance with that Act. The seat and venue will be Mumbai and the language English. The arbitration and everything connected with it will be confidential. Disputes will be resolved only between you and the Operator on an individual basis, and not as a class, collective or representative action. We may seek urgent injunctive or other interim relief from any competent court to protect the Service or our rights. Subject to this, the courts at Mumbai have exclusive jurisdiction.

We are not responsible for any failure or delay caused by events beyond our reasonable control, including outages of hosting, telecom, email or other third-party services, cyber-attacks, changes in law, government action, natural events or disputes with third parties.

We may update these Terms at any time. We will tell registered Merchants of material changes by email or in the Service and update the version above. Using the Service after the effective date means you accept the changes. If you do not, you must stop using it.

These Terms and the Privacy Policy are the entire agreement between you and us about the Service and replace any earlier understanding. You have not relied on any statement not set out here. If a provision is held unenforceable it will be enforced to the maximum extent permitted and the rest stays in force. Our failure to enforce a right is not a waiver. You may not assign these Terms without our consent; we may assign them freely. The Operator Parties may rely on and enforce the provisions that protect them. Nothing creates a partnership, agency, employment or fiduciary relationship. These Terms are an electronic record under the Information Technology Act, 2000 and need no physical or digital signature. Notices to you may be sent to the email on your account; notices to us must be sent to the addresses below.

General: [email protected]. Grievance Officer: Jimish Jobanputra, Co-Founder, Borivali West, Mumbai, email [email protected]. Registered address: D/6 Goragandhi, Opp Railway Station, Chandavarkar Road, Borivali West, Mumbai 400091.