Website Publisher

Company name: OpenUp
Legal status: Micro-enterprise (France)
SIRET: 94857669900029
Publication manager: Raphaël Le Cras
Address: 200 RUE de la Croix Nivert 75015 Paris FRANCE
Email: [email protected]

Hosting

The website and services are hosted by third-party cloud infrastructure providers located within the European Union and internationally. Hosting provider details are available upon written request to [email protected].

Intellectual Property

All content on the openup.to website and related applications, including but not limited to text, images, graphics, logos, icons, sounds, software, source code, algorithms, redirection technology, deep linking methods, user interface design, and underlying technology, is the exclusive property of OpenUp unless otherwise stated.

Any reproduction, representation, modification, publication, distribution, reverse engineering, decompilation, disassembly, or adaptation of all or part of the elements of the website, applications, or services, regardless of the means or process used, is strictly prohibited without the prior written authorization of OpenUp.

Any unauthorized use of the website, applications, or any of their elements will be considered an infringement and will be prosecuted in accordance with Articles L.335-2 et seq. of the French Intellectual Property Code.

The OpenUp name, logo, and all associated trademarks are the exclusive property of OpenUp. Any use, imitation, or reproduction of these trademarks without prior authorization is prohibited.

Any attempt to scrape, crawl, or systematically extract data from OpenUp services, including but not limited to link data, redirection data, analytics, user information, or technical infrastructure details, is strictly prohibited and may result in legal action.

Personal Data

Data collected via the website and applications (including email addresses, link statistics, and usage data) is processed by OpenUp in accordance with the General Data Protection Regulation (GDPR) and applicable French data protection laws (Loi Informatique et Libertés).

Personal data is not sold, rented, or shared with third parties without explicit user consent, except where required by law or strictly necessary for the provision of our services (such as payment processing through our certified payment provider).

You have the right to access, rectify, delete, restrict processing, object to the use of your data, and data portability. You also have the right to lodge a complaint with the CNIL (Commission Nationale de l'Informatique et des Libertés). To exercise these rights, please contact: [email protected].

OpenUp retains personal data only for as long as necessary to fulfill the purposes for which it was collected. Upon account deletion, all personal data is permanently erased from our servers within 30 days, except where retention is required by law.

For more information, please see our Privacy Policy.

Cookies and Tracking Tools

The website uses cookies and similar technologies to analyze audience data, improve the user experience, and ensure the proper functioning of our services.

When you first visit the site, an information banner allows you to accept or refuse non-essential cookies in accordance with current legislation. Essential cookies required for the website's basic operation do not require consent.

For more details on the cookies we use and how to manage your preferences, please refer to our Privacy Policy.

Limitation of Liability

OpenUp provides its services on an "as is" and "as available" basis. While we strive to maintain high availability and accuracy, we do not guarantee uninterrupted, error-free, or secure access to our services at all times.

OpenUp declines all responsibility for any direct, indirect, incidental, special, consequential, or punitive damages caused to the user's equipment, data, revenue, or business when accessing or using the website, applications, or services, including but not limited to damages arising from bugs, incompatibilities, viruses, service interruptions, data loss, or unauthorized access.

The user undertakes to use recent equipment that is protected against malware and has an up-to-date browser.

Links created through OpenUp redirect to third-party websites and applications. OpenUp has no control over the content, availability, accuracy, legality, or practices of these third-party destinations and accepts no responsibility for them. The user is solely responsible for the destinations they choose to link to using OpenUp services.

OpenUp shall not be held liable for any loss of revenue, profits, data, customers, business opportunities, or goodwill arising from the use or inability to use our services, even if OpenUp has been advised of the possibility of such damages.

OpenUp is not responsible for the behavior of social media platforms (including but not limited to Instagram, TikTok, Facebook, Twitter/X, LinkedIn, and Snapchat) that may affect the performance of deep links or redirections. Changes made by these platforms to their in-app browsers, redirection policies, or link handling are beyond our control.

In no event shall OpenUp's total liability exceed the amount paid by the user for the services during the twelve (12) months preceding the event giving rise to the claim.

User Obligations

By using OpenUp, you agree to the following obligations:

You shall not use the service for any unlawful purpose, including but not limited to phishing, fraud, identity theft, distribution of malware, harassment, defamation, or the dissemination of content that violates applicable laws or the rights of third parties.

You shall not create links that redirect to content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable under applicable law.

You shall not attempt to gain unauthorized access to OpenUp systems, servers, networks, or other users' accounts.

You shall not use automated tools, bots, or scripts to create accounts, generate links, or access OpenUp services in a manner that exceeds normal usage patterns, unless expressly authorized through our API.

You are solely responsible for the content you link to and the use you make of OpenUp services. OpenUp does not monitor the content of linked destinations but reserves the right to review and take action on reported content.

OpenUp reserves the right to suspend or terminate any account, disable any link, or block any domain at its sole discretion, without prior notice and without liability, if it determines that a user has violated these obligations or poses a risk to the platform, its users, or its reputation.

Indemnification

You agree to indemnify, defend, and hold harmless OpenUp, its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising out of or related to your use of the services, your violation of these legal notices, or your violation of any rights of a third party.

Service Modifications

OpenUp reserves the right to modify, update, suspend, or discontinue any part of the website, applications, features, or services at any time, with or without notice.

Pricing, features, plan limits, and the list of supported applications may be updated periodically. Active subscribers will be notified of material changes affecting their current plan at least 15 days before such changes take effect.

OpenUp reserves the right to modify these legal notices at any time. The updated version will be published on this page with the date of the last update. Continued use of the services after publication constitutes acceptance of the modified legal notices.

Availability and Force Majeure

OpenUp does not guarantee uninterrupted access to its services. Maintenance, updates, and technical interventions may temporarily affect availability.

OpenUp shall not be held liable for any failure or delay in performing its obligations due to circumstances beyond its reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, government actions, strikes, power outages, internet outages, cyberattacks, or failures of third-party service providers.

Applicable Law and Jurisdiction

These legal notices are governed by French law. Any dispute arising from the use of the website, applications, or services shall be subject to the exclusive jurisdiction of the competent French courts, unless otherwise required by mandatory consumer protection laws.

For consumers residing in the European Union, you may also submit disputes to the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

In the event of a dispute, the parties agree to seek an amicable resolution before initiating any legal proceedings. A written complaint must be sent to [email protected] and OpenUp will respond within 30 days.

Severability

If any provision of these legal notices is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

Contact

For any questions regarding these legal notices, please contact us at: [email protected]