TxtPad Terms of Service
Your relationship with TxtPad and Studio 21
- 1.1. "TxtPad" refers to the TxtPad web application, TxtPad platform, TxtPad mobile application, TxtPad desktop application and txtpad.in website, developed by and provided to you by the Studio 21 ("Studio 21") whose principal place of business is at Prabhat Chambers, 651/5 MR-4 Vijaynagar, Jabalpur - 482002 INDIA.
- 1.2. The TxtPad web application, TxtPad platform, TxtPad mobile application, TxtPad desktop application and txtpad.in website are referred to collectively as "TxtPad Apps" in this document.
- 1.3. The "TxtPad Website" refers to TxtPad.in website.
- 1.4. The "Services" refers to services provided to you by Studio 21 via TxtPad.
- 1.5. Your use of the TxtPad Apps, TxtPad Website and TxtPad Services is subject to the terms ("Terms of Service") of a legal agreement between you and Studio 21. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
- 1.6. Any new features or tools which are added to the current TxtPad Apps shall be also subject to the Terms of Service. You can review the most current version of the Terms of Service at any time at: http://txtpad.in/terms
- 1.7. In using the TxtPad Apps and TxtPad Website, you (The User) are deemed to have accepted the terms and conditions listed below.
- 1.8. Studio 21 reserves the right to add, delete, alter or modify these terms and conditions at any time. The User is therefore advised to read carefully these terms and conditions each time he or she uses any of the TxtPad Apps.
- 2.1. The TxtPad has been made available to you as a part of Private Preview Program for the purpose of providing Studio 21 with feedback on the quality and usability.
- 2.2. The TxtPad is not yet ready for a public or commercial release and may contain errors or inaccuracies that could cause failures, corruption or loss of data and / or information from your TxtPad account.
- 2.3. You have been invited to try the early stage TxtPad apps. Joining the Private Preview program is at your sole discretion and is subjected to the Terms of Service.
- 2.4. TxtPad is being made available to you on an "As Is" and "As Available" basis.
- 2.5. TxtPad, at this stage, is not meant for storing any sensitive data including, but not limited to, credit card information, passwords, account numbers etc.
- 2.6. At the end of the Private Preview program, Studio 21 may notify you via email on your email address registered with the TxtPad about the change in the program status. However, Studio 21 have no obligation to do so.
- 3.1. You must be 18 years or older to use TxtPad or have the consent of a parent or legal guardian.
- 3.2. You must provide your email address in order to complete the TxtPad account signup process.
- 3.3. You are responsible for keeping your password secure. Studio 21 cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
- 3.4. You may not use TxtPad for any illegal or unauthorized purpose nor may you, in the use of TxtPad, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of India and the state of Madhya Pradesh in general and in particular you shall not use TxtPad to host, display, upload, modify, publish, transmit, update or share any information that –
- (a) belongs to another person and to which the user does not have any right to;
- (b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- (c) harm minors in any way;
- (d) infringes any patent, trademark, copyright or other proprietary rights;
- (e) violates any law for the time being in force;
- (f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- (g) impersonate another person;
- (h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- (i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
Content in TxtPad
- 4.1. TxtPad lets you create, store and manage Text Notes ("Content") ("Notes") via various TxtPad Apps and other channels (“Channels”) including but not limited to Text Messages via Short Messaging Service (SMS) provided by your telecom provider and 'Tweets' via Twitter platform.
- 4.2. We do not claim any intellectual property rights over the Content you create and store using TxtPad Apps or other TxtPad Channels. All material you upload to TxtPad remains yours.
- 4.3. You retain ownership over all Content that you submit to TxtPad Apps subjected to this Terms of Service.
- 4.4. We do not share your content with any third party for the purpose of monetization.
- 4.5. We do not use your content to display any kind of advertisement.
- 4.6. However, you grant Studio 21 a license to process, store, manage and display your Content. You agree that these rights are royalty free, irrevocable and worldwide. You also grant Studio 21 a right to make such Content available to and pass these rights along to, others with whom Studio 21 has contractual relationships related to the provision of the TxtPad Service, solely for the purpose of providing such services, and to otherwise permit access to or disclose your Content to third parties if Studio 21 determines such access is necessary to comply with its legal obligations.
- 4.7. You agree that you are solely responsible for (and that Studio 21 has no responsibility to you or to any third party for) any Notes that you create, transmit or display while using TxtPad and for the consequences of your actions (including any loss or damage which Studio 21 may suffer) by doing so.
- 4.8. You also agree that Studio 21 has the right to elect not to accept, create, store, display, publish, manage, process or transmit any Content in our sole discretion.
SMS (Text Messages)
- 5.1. TxtPad supports SMS as a medium to create Notes. To enable this optional feature, you are required to provide your mobile number. Your mobile number is not shared with anyone and is only used by Studio 21 for providing the TxtPad Services.
- 5.2. The mobile number provided by you to use this feature must belong to you.
- 5.3. This feature depends on third party short messaging services and thus the availability or accuracy or the time of delivery of an SMS can only expected to be as much as granted by the respective providers. Studio 21 under no circumstances can guarantee the availability or accuracy of such services nor can take responsibility of fulfillment of any of the expectations related to them.
- 5.4. Studio 21 will not be responsible for any data loss resulting due to any error occurred or due to the failure of conversion of any SMS into a Note owing to any reasons.
- 6.1. TxtPad lets you create Notes via Tweets. To use this feature, you must authorize TxtPad to use your Twitter account.
- 6.2. TxtPad uses your Twitter account only to verify your twitter username and requires only read-only access.
- 6.3. You will not be able to use this feature if you have protected your tweets as the TxtPad system reads only public tweets.
- 6.4. TxtPad will not create a Note from your every tweet automatically, instead you are required to indicate that you wish a Tweet to be saved as a note. You can do so by adding the keyword '#txt' to your tweet.
- 6.5. The keyword '#txt' may be changed in future or new keywords may be added to the system. If that happens, we will notify you by sending an email to your email address registered with TxtPad.
- 6.6. This feature depends on the Twitter platform services and thus the availability or accuracy can only expected to be as much as granted by Twitter. Studio 21 under no circumstances can guarantee the availability or accuracy of such services nor can take responsibility of fulfillment of any of the expectations related to them.
- 6.7. Studio 21 will not be responsible for any data loss resulting due to any error occurred or due to the failure of conversion of any Tweet into a Note owing to any reasons.
- 7.1. During the Private Preview program all usage on TxtPad is Free.
- 7.2. Pricing options will be announced at the end of the private preivew, when TxtPad becomes commercially available.
- 7.3. Whenever Pricing is announced, you will be informed by email.
- 8.1. Studio 21 reserves the right to modify or terminate TxtPad for any reason, without notice at any time.
- 8.2. Studio 21 reserves the right to refuse service to anyone for any reason at any time.
- 8.3. Your use of TxtPad is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
- 8.4. Studio 21 does not warrant that TxtPad will be uninterrupted, timely, secure, or error-free.
- 8.5. Studio 21 does not warrant that the results that may be obtained from the use of TxtPad will be accurate or reliable.
- 8.6. The User understands that his / her Content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- 8.7. Studio 21 may, but have no obligation to, remove Content and Account(s) containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- 8.8. Studio 21 does not warrant that the quality of TxtPad will meet your expectations, or that any errors in TxtPad will be corrected.
- 8.9. Verbal or written abuse of any kind (including threats of abuse or retribution) of any TxtPad customer, Studio 21 employee, member, or officer will result in immediate account termination.
- 8.10. The failure of Studio 21 to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Studio 21 and govern your use of TxtPad, superseding any prior agreements between you and Studio 21 (including, but not limited to, any prior versions of the Terms of Service).
- 8.11. Questions about the Terms of Service should be sent to firstname.lastname@example.org.
- 9.1. You acknowledge and agree that Studio 21 owns all legal right, title and interest in and to TxtPad, including any intellectual property rights which subsist in TxtPad (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
- 9.2. Unless you have agreed otherwise in writing with Studio 21, nothing in the Terms of Service gives you a right to use any of the Studio 21's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
- 9.3. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within TxtPad.
- 9.4. Unless you have been expressly authorized to do so in writing by Studio 21, you agree that in using TxtPad, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
License from Studio 21
- 10.1. Studio 21 gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Studio 21 as part of TxtPad, as provided to you by Studio 21 (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of TxtPad as provided by Studio 21, in the manner permitted by the Terms of Service.
- 10.2. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Studio 21, in writing.
- 10.3. Unless Studio 21 has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
- 10.4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of TxtPad, use of TxtPad, or access to TxtPad without the express written permission by Studio 21.
- 11.1. Studio 21 may provide The User with access to third party tools over which Studio 21 neither monitors nor has any control or input.
- 11.2. You acknowledge and agree that Studio 21 provides access to such tools ‘as is’ without any warranties, representations or conditions of any kind and without any endorsement. Studio 21 shall have no liability whatsoever arising from or relating to your use of optional third party tools.
- 11.3. Any use by you of optional tools offered through the TxtPad or TxtPad Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third party provider(s).
Exclusion of Warranties
- 12.1. NOTHING IN THESE TERMS, INCLUDING SECTIONS 13 AND 14, SHALL EXCLUDE OR LIMIT STUDIO 21’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- 12.2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
12.3. IN PARTICULAR, STUDIO 21, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
- (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
- (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
- (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
- (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
- 12.4. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- 12.5. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STUDIO 21 OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
- 12.6. STUDIO 21 FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limitation of Liability
13.1. SUBJECT TO OVERALL PROVISION IN PARAGRAPH 12.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT STUDIO 21, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
- (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
- (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
- (II) ANY CHANGES WHICH STUDIO 21 MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
- (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
- (IV) YOUR FAILURE TO PROVIDE STUDIO 21 WITH ACCURATE ACCOUNT INFORMATION;
- (V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
- 13.2. THE LIMITATIONS ON STUDIO 21’S LIABILITY TO YOU IN PARAGRAPH 8.1 ABOVE SHALL APPLY WHETHER OR NOT STUDIO 21 HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
- 13.3. IN NO EVENT SHALL STUDIO 21 BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). YOU AGREE TO INDEMNIFY AND HOLD STUDIO 21 AND (AS APPLICABLE) OUR PARENT, SUBSIDIARIES, AFFILIATES, TXTPAD PARTNERS, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
Other / External Content
- 14.1. TxtPad may include hyperlinks to other web sites or content or resources. Studio 21 may have no control over any web sites or resources which are provided by companies or persons other than Studio 21.
- 14.2. You acknowledge and agree that Studio 21 is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
- 14.3. You acknowledge and agree that Studio 21 is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
Use of TxtPad shall in all respects be governed by the laws of the state of Madhya Pradesh, India, regardless of the laws that might be applicable under principles of conflicts of law. You agree that the Madhya Pradesh courts located in Jabalpur, Madhya Pradesh, India, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts.
Last Updated: May 21, 2013