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.
If you do not agree with these Terms, we kindly ask you to refrain from accessing, downloading, or using our Services in any way.
To make these Terms more understandable, here are some key definitions:
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.
We may update these Terms at our discretion.
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.
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.
Any feedback you provide about our Services is voluntary, and we can use it without obligation to you.
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.
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.
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.
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.
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.
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.
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.
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.
We may periodically modify these Terms of Service. We reserve the right to assign or transfer our agreement.