General Terms & Conditions
General Conditions and Terms of Use:
The website Openskyvr.com and the platform login using the link to the meta assets platform: https://opensky-agent-app.netlify.app/ including its desktop and mobile versions, as well as any related applications (hereinafter referred to as "Site and App"), is owned by Hospinet Infrastructure Private Limited, headquartered at Hyderabad India as Emerald 909, My Home Jewel, Madeenaguda, Hyderabad 500049, Telangana, India and CIN U45200TG2021PTC158262 (hereinafter referred to as "Owner"). By accessing and using the Site and its associate platform, App and other digital assets, and utilizing the services provided therein, users are deemed to accept these General Conditions of Use (hereinafter "Conditions"). It is strongly recommended that you carefully read and understand these Conditions before using the Site and App for any purpose related to the services offered.
User Status
By using any service provided on the Site and App (hereinafter "Service" or "Services"), you automatically become a User (hereinafter "User" or "Users"). In general, Users are required to register to gain access to the Services. Registration will follow the procedures outlined for each specific Service. Any User accessing the Site and App and links to the platform are assumed to have agreed to the Terms and Conditions and associated Policies of use of the service / services offered by the Owner.
This is a Business to Business (“B2B”) and a Business to Business to Customer (“B2B2C”) solution platform. Most of the Services offered through the Site, platform and App are free for last-mile customers; however, some features or options require a paid subscription or purchases from the intermediaries positioning to the end customers. These are referred to as "Paid Options" and include additional features, described during the listing process. For any issues regarding invoicing or changes to billing details, Users should contact the owner, administration directly at: product@hospinetinfra.com.
Types of Users
There are two types of Users who may access the Site and App: Simple Users and Professional Users.
Simple Users: These are private individuals or property buyers who use the Site and App for purposes different from Professional Users. They typically use the platform to evaluate the shortlisted properties and relevant information identified by their agent for them to evaluate. These users will be provided by user credentials to access the shortlisted properties.
Professional Users: These are real estate agents, construction companies, developers, builders and other professionals in the real estate industry who use the platform to showcase and market their projects and properties to Simple Users. Professional Users gain access to specialized Services only after contacting the Owner to activate their account, which is subject to signing a service contract (hereinafter "Service Contract").
The Owner reserves the right to verify the identity and qualification of both Simple and Professional Users before and after listing publication. Listings may be removed if the Owner’s verification requests are not met.
Minors
Services provided through the Site and App are available only to adults. Minors may use the Services only with prior consent from their parents or legal guardians, who assume responsibility for any activity conducted by the minor.
Permitted and Prohibited Uses
Commercial use of the Site and App outside the Service Contract, including access, transfer, or misuse of information contained within, is strictly prohibited and will be prosecuted according to the law. Users must comply with applicable laws and regulations applicable to their region of operation and their area of business, public morality, and these Conditions when using the Site and App.
Specifically, Users are forbidden from transmitting or distributing any material that violates the law, public decency, or third-party rights. The Site and App should not be used for illegal or unethical activities.
The Owner reserves the right to revoke access to the Site and App for Users who violate these Conditions, without prior notice.
Intellectual Property
The Owner is the rightful holder of all intellectual and industrial property rights related to the Site and App, including, but not limited to, texts, images, graphics, software, and trademarks. Users may not reproduce, modify, distribute, or otherwise exploit these elements without prior authorization from the Owner or other rights holders.
Guarantees and Responsibilities
The Owner does not guarantee uninterrupted access to the Site and App or its content, as factors beyond their control (e.g., technical issues, internet interruptions) may interfere. Furthermore, the Owner is not responsible for content on third-party sites linked from the Site and App, nor for damages caused by malware, improper use, or outdated software. Furthermore, the Owner is also not responsible for the accuracy and legal due diligence of the projects or properties marketed by the Professional Users and the Simple Users must do their legal and financial due diligence before investing or purchasing property marketed by Professional Users.
Third-Party Contracts
Any agreements or transactions made with third parties (e.g., advertisers, real estate agencies, or other service providers) through the Site and App are exclusively between the User and those third parties. The Owner is not responsible for any disputes arising from these transactions.
Listings and Information Accuracy
Listings on the Site and App are published by real estate professionals to market their projects and their execution capabilities through the listing of the meta assets on the Site and App. The Owner does not guarantee the accuracy, completeness, or legality of the information provided, nor does the owner validate weather the real estate professional has procured all legal and regulatory clearances applicable to their projects before listing. It is the responsibility of the Users to check and validate the accuracy of the legal and regulatory approvals for the project listing they are planning to invest in. Users may report any suspicious or illegal listings via email at product@hospinetinfra.com.
Publication of Listings
Simple Users and Professional Users must adhere to these Conditions when publishing listings. Professional Users must also comply with their Service Contract. Listings must meet certain standards, including compliance with legal requirements, truthful information, and relevant media content.
Only Professional Users are permitted to list properties, and they must sign a Service Contract with the Owner to do so.
The Owner reserves the right to remove any listing that violates these Conditions or is deemed inappropriate for any reason.
Privacy and Data Protection
Users' personal data is processed in accordance with applicable laws and regulations. For further details, please review the Privacy Policy.
Security
The Owner has implemented security measures to protect the confidentiality of personal data, as outlined in the Privacy Policy.
Cookies
The Site and App use cookies to personalize the User experience. Cookies are not harmful and do not contain personal data. Users may adjust their browser settings to refuse cookies. Please review our Cookies Policy for further information.
Termination of Access
The Owner reserves the right to revoke access to the Site and App at any time, either permanently or temporarily, at their sole discretion. Users who are denied access may not attempt to re-access the platform through other accounts or means.
Users will be held liable for any damages caused to the Owner or its subsidiaries due to violations of these Conditions.
Changes to the Conditions
The Owner reserves the right to modify, add, or remove content or Services from the Site and App at any time, as well as to change the way they are presented or organized.
Duration of Services
Free services will be available as long as the User’s account remains active. Paid Options will have a limited duration, as specified during the listing process. The Owner reserves the right to suspend or discontinue the Site and App without notice.
Applicable Law and Jurisdiction
Any disputes arising from these Conditions will be governed by Indian law, with the Court of Hyderabad, India holding exclusive jurisdiction, unless otherwise dictated by mandatory legal provisions.
Contact Information
For communications with authorities, please contact product@hospinetinfra.com. For communications with Users, please contact devices@hospinetinfra.com. All communications must be in English.
Compliance with EU Regulation 2022/2065
In compliance with EU Regulation 2022/2065, the average monthly number of active recipients of the Service between 01 Jan 2025 and 16 Feb 2025 was approximately:
- 100 for the website https://openskyvr.com (Unique Visitors; source: Similarweb)
- 0 for the app as the App or platform is still not live (Active Users; source: Data.ai)
This information is provided solely for the purpose of compliance with EU Regulation 2022/2065.
General Indemnity Clause
The User agrees to indemnify, defend, and hold harmless the Owner, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:
- Any breach of these Terms & Conditions by the User.
- Any violation of applicable laws, regulations, or third-party rights.
- Any misrepresentation or fraudulent activity conducted through the platform.
Third-Party Claims Indmenification
The User shall indemnify and hold the Owner harmless from any claims, demands, or legal actions initiated by third parties due to:
- Inaccurate, misleading, or unlawful property listings.
- Unauthorized use of copyrighted materials, trademarks, or intellectual property.
- Any disputes between buyers, sellers, agents, or other users of the platform.
Compliance & Regulatory Indemnity
The User acknowledges that real estate laws vary across the areas the Owner operates in including but not limited to India, Europe, the U.S., Africa, Australia, Asia and the GCC regions and agrees to indemnify the Owner against any penalties, fines, or legal consequences resulting from non-compliance with local real estate regulations, including but not limited to:
- GDPR (Europe) and CCPA (U.S.) for data protection.
- RERA (India) for real estate transactions.
- GCC-specific property laws governing listings and transactions.
And any other real estate regulations applicable in the area the User is accessing the Site and App from.
Limitation of Liability Clause
This clause caps the amount of damages a party can claim in case of a dispute. It ensures that [Platform Name] is not held liable for:
- Any indirect, incidental, or consequential damages.
- Losses due to third-party interactions or misuse of listings.
- Technical failures, cyber threats, or data breaches.
Disclaimer of Warranties
This clause clarifies that the Owner does not guarantee:
- The accuracy, completeness, or reliability of property listings.
- The performance or conduct of buyers, sellers, or agents.
- That the platform will be free from errors, interruptions, or security risks.
Force Majeure Clause
Protects the Owner from liability in case of unforeseen events such as:
- Natural disasters (earthquakes, floods, etc.).
- Government regulations or policy changes.
- Cyberattacks or major technical failures.
Governing Law & Jurisdiction Clause
To ensure legal clarity across multiple operating regions, this clause establishes the laws and regional and country level regulations the User and the Real Estate Professionals need to adher to before listing on the Site and App :
Applicable Laws by Region
India – The Real Estate (Regulation and Development) Act (RERA), Transfer of Property Act, and local state-specific real estate regulations.
Europe – General Data Protection Regulation (GDPR) for data privacy, EU Consumer Protection Laws, and country-specific real estate laws such as:
- United Kingdom – Land Registration Act, Estate Agents Act.
- Germany – German Civil Code (BGB) governing property transactions.
- France – Code de l’Urbanisme and Code Civil for real estate dealings.
- Spain – Ley de Arrendamientos Urbanos (LAU) for property rentals.
United States – Federal Fair Housing Act, Real Estate Settlement Procedures Act (RESPA), and state-specific laws such as:
California – California Consumer Privacy Act (CCPA), California Real Estate Law.
New York – New York Real Property Law.
Texas – Texas Property Code.
GCC (Gulf Cooperation Council) Countries – Country-specific real estate laws, including:
United Arab Emirates – Dubai Land Department regulations, Abu Dhabi Real Estate Law.
Saudi Arabia – Real Estate Ownership Law, Foreign Investment Law.
Qatar – Real Estate Registration Law.
Australia – Real Property Act, Foreign Investment Review Board (FIRB) regulations.
Canada – Land Title Act, Real Estate Services Act, and provincial regulations.
China – Property Law of the People's Republic of China, Urban Real Estate Administration Law.
Japan – Real Estate Transaction Law, Building Standards Act.
South Africa – Property Practitioners Act, Deeds Registries Act.
Brazil – Brazilian Civil Code, Real Estate Law.
Mexico – Federal Civil Code, Foreign Investment Law.
Argentina – Civil and Commercial Code of Argentina, Real Estate Public Registration Law No. 17,801.
Chile – General Urban Planning and Construction Law, Real Estate Registry Law.
Other Latin American Countries:
Colombia – Law 820 of 2003 (Rental Housing Law), Real Estate Registration System.
Peru – General Law of Urban Development and Construction, Property Registry Law.
Ecuador – Real Estate Property Law, Urban Development Regulations.
Uruguay – Real Estate Transactions Law, Property Registration System.
Jurisdiction & Dispute Resolution
Disputes shall be resolved in accordance with the governing laws of Hyderabad, India.
Alternative Dispute Resolution (ADR) methods such as arbitration or mediation may be used where applicable.
Local courts shall have jurisdiction over disputes arising within their respective territories as long as the Owner is not involved in the disputes, the Owner is not liable to attend court hearings and legal proceedings and bear any legal costs in jurisdictions outside Hyderabad, India.
Intellectual Property Protection Clause
This clause ensures that the Owner retains ownership of:
- Platform design, branding, and proprietary technology.
- User-generated content (if applicable).
- Listings and data uploaded by users.
6. Data Protection & Privacy Clause
Given the GDPR (Europe), CCPA (U.S.), and RERA (India) regulations, we follow these guidelines and please refer to our privacy policy for the same.