Terms of Service
Headpen Technologies Terms of Service - Updated on January 07, 2024

Introduction

Welcome to Headpen Technologies Private Limited, the company behind the Headpen app. We offer a range of services through our app, including a social publishing platform, content access, and content sharing. All of these services are collectively referred to as "Services." These Terms of Service (Terms) detail how you can use our Services, which encompass the website, mobile app, SMS, APIs, email notifications, and all content hosted on the platform.

By accessing, downloading, or using our Services, you agree to abide by these Terms. You also explicitly agree to our Privacy Policy and Community Guidelines. We recommend that you periodically review these Terms, as your continued use of the Services indicates your consent and agreement with them.

If you do not agree with these Terms, we kindly ask you to refrain from accessing, downloading, or using our Services in any way.

Definitions

To make these Terms more understandable, here are some key definitions:

  • Application:Refers to the software and mobile app developed by Headpen, accessible via app stores like Android or iOS and compatible with various devices.
  • Content:Encompasses a wide range of materials, including but not limited to information, data, text, images, audio, video, GIFs, polls, user profiles, software, tags, graphics, and interactive features. This content can be created or shared by users, Headpen, or our partners and sponsors through the Services.
  • Story:Any post made by a registered user on the Application.
  • Publication:Any publication created by a registered user on the Application.
  • Handle Name:A unique visual identifier created by an application or registered user on the Application.
  • You/User:Refers to any registered user of the Application. If you are accepting these Terms and using the Services on behalf of a legal entity or another individual, you confirm that you have the authorization and legal authority to do so. In such cases, the terms "you" and "your" apply to that entity or person without exception.
1. Accessing and Using Our Services

To use our Services, you must have reached the legal age in your jurisdiction. If you do not meet this requirement or are legally barred from using our Services, your account may be terminated. You are responsible for your use of our Services and must adhere to applicable laws and our Terms, Privacy Policy, and Community Guidelines. Access to our Services can be free or follow terms set by the Company, which will be communicated to you. You are responsible for safeguarding your account and must not share your password with others. Any actions taken under your account, even without your authorization, are your responsibility. If you suspect unauthorized use, notify the Company promptly. We may restrict content circulation or suspend/terminate your account if you violate the Community Guidelines. Our other policies provide details on content moderation. While we will try to notify you of scheduled maintenance, we are not liable for interruptions due to maintenance. You must not circumvent, disable, or misuse our Service content. Additionally, you cannot use automated tools to access our Service or interfere with its functionality. You cannot use other users' accounts, attack accounts, or violate Community Guidelines.

2. User-Generated Content

We do not claim ownership of the content you post on our Service. By sharing content, you grant us a license to use it as needed. Ensure you have the necessary rights to share the content and that it does not violate third-party copyrights. We do not actively monitor user-generated content unless required by law. We are an intermediary facilitating online interactions, but we do not arbitrate intellectual property disputes. You can report intellectual property violations via email or a designated form. We will take action as we see fit and according to legal requirements.

3. Updates to Terms

We may update these Terms at our discretion.

4. Disclaimer on Content

We do not endorse or vouch for all content on our Application. You use content at your own risk. Content may be offensive, harmful, inaccurate, or inappropriate. We cannot always monitor or control it. If content violates universal legal principles or applicable law, we may remove it.

5. License and Ownership

We grant you a personal, non-transferable license to use our software as part of the Services. Our Services are protected by intellectual property laws. You cannot use our trademarks or other proprietary rights.

6. Feedback

Any feedback you provide about our Services is voluntary, and we can use it without obligation to you.

Services Offered

The Application provides you with the following capabilities:

  • Create and Maintain Your Profile:After registration, you can create and manage your profile and publications on the Application.
  • Content Sharing:You can share your own content, re-share content posted by others, and connect, follow, and communicate with other users.
  • Content Control:You have the ability to edit, modify, or remove your own posts/stories and comments that are yours on your posts/stories.
  • Privacy Control:You can manage your privacy settings directly from your account, following the guidelines in our Privacy Policy.

Registration and Account Rules

To access the full range of our Services, you need to register with us for a free account. We reserve the right to change the handle name (for both users and publications) if they are not verified. During registration, you must provide a valid email address, which will be verified through a one-time password mechanism. You can then choose a unique username/handle and password for your account. Your chosen credentials must be original, not violate any laws or third-party rights, and should not contain offensive, misleading, or derogatory language, messages, identities, or images. The information you provide during registration should be accurate, secure, and truthful. User accounts and handles are owned by the Company and are licensed for your use under these Terms. Please be aware that if a handle name has been used by a verified user on another platform, it won't be assigned to anyone else to prevent impersonation. If a username has already been allocated, it may be canceled at Headpen's discretion. We reserve the right to suspend, terminate, or take other appropriate actions with or without notice if you violate these Terms. If you encounter any issues with your account access, please contact us according to the account terms.

Third-Party Services

While using our Services, you should be aware that the Company may display advertisements or other forms of commercial information on the Application. By using our Services, you also agree to receive advertisements and relevant commercial information from us through email or other authorized means. The Company may provide links to or contact information for third-party websites or services. It's important to note that we do not control these third-party websites or their interactions with you. We have not reviewed all the materials, including goods or services, available through third-party sites. Therefore, we strongly recommend that you exercise caution and familiarize yourself with the policies of these sites before engaging with them. The Company does not endorse or take responsibility for any third-party content, websites, or services mentioned on the Application. Third-party materials accessed through or used on third-party sites may also be protected by copyright and other intellectual property laws.

Rules and Conduct

In addition to your responsibilities outlined in these Terms and without limiting the scope of the Community Guidelines and related policies, you are prohibited from publishing any Content that: May harm minors or children, including any sexually explicit or abusive content. We have a zero-tolerance policy against child sexual abuse content. Threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, public order, or incites any cognizable offense or prevents the investigation of any offense or is insulting to any other nation. Invades another person's privacy, promotes hate, includes racially or ethnically objectionable content, or encourages activities like money laundering or gambling, or any other unlawful activities. Infringes upon the rights of third parties, including copyright, trademark, privacy, publicity rights, and any other protected subject matter. Capitalizes on or lacks reasonable sensitivity toward natural disasters, atrocities, conflicts, deaths, or other tragic events. Threatens, harasses, or bullies other users or third parties, including the depiction of violence, whether gratuitous or not, toward any person, place, or property, or incites violence, including suicide. Depicts content that is sexually explicit (pornographic or erotic content, including icons, titles, or descriptions), violent, abusive, or grossly harmful. Violates applicable laws. The Company, upon becoming aware of such prohibited content through its own knowledge or being informed in writing or via email by an affected person, is entitled to disable such content that violates these rules.

Termination

The Company has the right to suspend or terminate your access to the Application and Services, with or without notice, and use any other available legal remedies in the following cases: You violate any terms and conditions of these Terms. The Company cannot verify or authenticate the information you provided. There are reasonable grounds to suspect illegal, fraudulent, spammy, or abusive activity on your part. The Company, at its sole discretion, believes that your actions may lead to legal liability for you, other users, or the Company, or are against the interests of the Application or the Company. When directed by law enforcement. If your account is temporarily or permanently suspended or terminated, you cannot use the Application with the same account, a different account, or re-register under a new account unless approved by the Company. When an account is terminated for the reasons mentioned, the user will no longer have access to their content on the Application, to the extent allowed by law.

Disclaimer

The Service, including any content, is provided "as is" and "as available" without any warranty of any kind, whether express or implied. This includes but is not limited to implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by the course of performance or usage of trade. All these warranties are expressly disclaimed. Your use of the Service is entirely at your own risk. The Company and its directors, employees, agents, and partners do not warrant the following: That the Service will be secure or available at any specific time or location. That any defects or errors in the Service will be corrected. That any content or software available through the Service is free from viruses or other harmful components. That the results of using the Service will meet your requirements.

Limitation of Liability

To the fullest extent permitted by law, under no circumstances shall the Company (nor its directors, employees, agents, sponsors, partners, suppliers, content providers, licensors, or resellers) be liable for: Any lost profits, data loss, loss of goodwill or opportunity, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. Any reliance on the Service. Any direct damages. Any matter beyond its or their reasonable control, even if the Company has been advised of the possibility of any of the aforementioned damages.

Governing Law

This Agreement shall be governed by and interpreted in accordance with the laws of your country, provided that the Application is available and operated under a locally registered legal entity in your country. This choice of law is made without regard to conflict of laws provisions. Any claims, differences, or disputes arising under or in connection with the Application or Services, the Terms, or any transactions conducted on or through the Application or Services shall be subject to the exclusive jurisdiction of the courts in Bengaluru, India. By agreeing to these Terms, you acknowledge and accept the jurisdiction of such courts.

Miscellaneous

If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue to be valid, legal, and enforceable. These Terms constitute a valid and enforceable agreement between you and Headpen Technologies Private Limited, a company incorporated under the Companies Act, 2013, with its registered office at 207, VBM Pride, 2nd Cross, Celebrity Layout, Doddathogur, Electronic City, Bangalore, Karnataka – 560100.

Reference

If you have any questions or need assistance with the Service, please contact Headpen at help@headpen.com. Please be aware that for validation purposes, you may be required to provide information such as your email address, contact number, or registered mobile number, for the purpose of proper identification and authentication when making service requests. Refer to our Privacy Policy for information on how we handle your data.

Changes

We may periodically modify these Terms of Service. We reserve the right to assign or transfer our agreement.

For further information, please contact us at support@headpen.com.