Quillpad Mobile User Agreement

Thank you for registering to use Quillpad Mobile. Tachyon Technologies Private Limited (Tachyon Technologies) provides Quillpad Mobile (the "Application") pursuant to the terms and conditions set forth below. By clicking on the check-box associated with accepting of the terms and conditions, you ("You") are agreeing to use the Application in a manner consistent with the terms and conditions of this Agreement and with all applicable laws and regulations and related services (the "Services") if any pursuant to the terms and conditions set forth below. By clicking on the check-box associated with accepting of the terms and conditions, you ("You") also agree that you have either paid or have promised to pay Tachyon for the use of Quillpad Mobile.

Application Definition

The Application is intended to allow You to send SMS messages in Hindi using your mobile phone. Downloading Quillpad mobile will let you evaluate the Application by sending up to a maximum of 10 messages in Hindi. While Tachyon does not charge for these messages, normal operator charges for the SMS would be applicable. To continue sending Hindi messages using Quillpad Mobile after that, you will need to buy the license to the Application by making a payment of Rs. 149 only to Tachyon Technologies using your credit card or debit card or net banking. Tachyon Technologies reserves the right to revoke the license and the right to legal action against users found to be using application in violation of these terms.

Other terms and conditions are as follows.

Modification of Terms of Service: Tachyon Technologies may change the terms, conditions and pricing of the Application upon which Tachyon Technologies will notify you of the changes. The notification would be by email/SMS. Tachyon is not responsible for your failure to receive the notification. Tachyon gives you a notice period of 1 month to take action as per these changes. Tachyon Technologies may, at its sole discretion from time to time offer you variety of features and facilities for the Application. Tachyon Technologies reserves the right to discontinue to offer such features and facilities for the Application at anytime without prior notice. Failing by a user to adhere to adhere to the Terms and Conditions at any time may result in Tachyon Technologies disabling the usage of the application by the user.

Subscriber Conduct: SPAMMING IS PROHIBITED. Spamming includes the transmission of any form of mail or SMS that can be interpreted as junk mail/SMS or mail/SMS generated via a distribution list which the recipient has not specifically requested. Tachyon Technologies will immediately revoke the offender's license to use the Application, who it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email/SMS. You agree you are solely responsible for your content and you acknowledge Quillpad acts as a passive conduit for the distribution and transmission of your data. You represent and warrant the content you compose via Quillpad Mobile (a) does not infringe on any third party's intellectual property or proprietary rights or rights of publicity or privacy; (b) does not violate any law, statute, ordinance or regulation; (c) is not defamatory, trade libelous, pornographic or obscene; or (d) does not contain viruses or other similar harmful or deleterious programming routines. If you violate this provision you will be penalized up to and including termination of your license to use the Application and any other remedies available to Tachyon Technologies by law.

Registration Data: In order to use Quillpad Mobile, you agree to provide Quillpad current, complete, and accurate registration information (the "Registration Data") as prompted to do by the Application and to maintain and update this information as required to keep it current, complete and accurate. You grant Tachyon Technologies the right to communicate with you regarding products and promotions. Your registration data will not be shared by Tachyon Technologies with any party. However, Tachyon Technologies reserves the right to share or publish aggregate registration data.

Usage and Modification: Quillpad Mobile will allow You to compose and send SMS in Hindi. You agree not to change or modify the Quillpad Logo or other content, or the source code or the executable code of Quillpad Mobile.

Privacy: Except as provided in Section 2 above, Tachyon Technologies will not intentionally monitor or disclose your registration information or your communication with other individuals/entities using Quillpad Mobile, unless required by law, enforcement agencies, regulation or court order. You agree to respect the privacy and confidentiality of others.

Commercial Use: You acknowledge your right to use the Application is specific to You as an individual. You agree not to resell or freely distribute the Application/license.

Licensing Policy: When you buy license for Quillpad Mobile, the license is valid for one installation only. Tachyon Technologies prohibits you from sharing your license key with other users or using the same license key on multiple handsets. Tachyon reserves the right to legal action if You are found in violation of this policy.

Indemnification: You agree to defend, indemnify and hold harmless Tachyon Technologies, its employees, directors, officers, agents and their successors and assigns from and against any and all liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the use of Quillpad Mobile, including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights.

Refund Policy: Requests for refund shall not be entertained whatsoever, except in case of an error in payment processing. The maximum Liability of refund when there is an error in payment processing is limited to Rs. 149 only. Tachyon Technologies allows you to download and send up to 10 Hindi messages using Quillpad Mobile without buying it. This is for you to verify that the Application works on your handset. When you make the payment and buy the license to use the Application, You agree not to claim refund on the grounds that Quillpad Mobile does not work on your handset or does not fulfill your requirement due to any other reason. Tachyon Technologies reserves the right, in its sole discretion, to revoke your license to use the Application and the related services or any portion thereof at any time, if it is found that you have violated any of the terms of the agreement. The Application shall allow you to send up to 10 messages without buying Quillpad Mobile. Normal SMS charges levied by your wireless carrier would apply. You will not be able to send more messages unless you buy the application. However, you can compose any number of messages as permitted by the amount of memory available on the phone/SIM/Memory card and save them to drafts. Tachyon reserves the right to change the limit of 10 messages at its discretion, by announcing the same on its website - http://www.quillpadmobile.in and notifying you by email/SMS. The provisions of Sections 2, 6, 7 and 14 shall survive any termination.

Disclaimer of Warranties: YOU EXPRESSLY AGREE THE USE OF THE Application IS AT YOUR SOLE RISK. THE APPLICATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Tachyon Technologies EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Tachyon Technologies MAKES NO WARRANTY THE APPLICATION WILL MEET YOUR REQUIREMENTS, OR THE APPLICATION WILL RUN IN AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE WAY; NOR DOES Tachyon Technologies MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED THROUGH THE APPLICATION OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APPLICATION IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HANDSET OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. Tachyon Technologies MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH COMMUNICATION USING THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO USING THE APPLICATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU OBTAIN THROUGH THE APPLICATION OR ANY OF TACHYON'S WEBSITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. PLEASE NOTE THAT IN ORDER TO READ THE HINDI MESSAGES SENT BY YOU, THE RECIPIENTS OF THE MESSAGE NEED TO HAVE SUPPORT FOR HINDI FONT ON THEIR HANDSETS. TACHYON IS NOT RESPONSIBLE FOR MESSAGES THAT ARE DELIVERED AS JUNK CHARACTERS BECAUSE OF THE LACK OF HINDI FONT SUPPORT ON THE RECIPIENT'S HANDSET. YOU ACKNOWLEDGE THAT Tachyon Technologies SITE, THE Quillpad Mobile SITE and THE Quillpad Mobile Application MAY CONTAIN LINKS OR OTHER TYPES OF ADS TO OTHER WEB SITES OPERATED BY THIRD PARTIES ("LINKED SITES"). YOU ACKNOWLEDGE THAT, WHEN YOU CLICK ON A LINK TO VISIT A LINKED SITE, A FRAME MAY APPEAR THAT CONTAINS THE QUILLPAD or TACHYON LOGOS, ADVERTISEMENTS AND/OR OTHER CONTENT SELECTED BY TACHYON TECHNOLOGIES. YOU ACKNOWLEDGE THAT TACHYON TECHNOLOGIES AND ITS SPONSORS NEITHER ENDORSE NOR ARE AFFILIATED WITH THE LINKED SITE AND ARE NOT RESPONSIBLE FOR ANY CONTENT OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINK SITE/Company, OR ANY CHANGES OR UPDATES TO SUCH SITES. YOU ALSO ACKNOWLEDGE THAT TACHYON TECHNOLOGIES IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE. TACHYON TECHNOLOGIES DOES NOT ENDORSE IN ANYWAY ANY ADVERTISERS/ CONTENTS OF ADVERTISERS ON ITS WEBPAGES. PLEASE THEREFORE VERIFY THE VERACITY OF ALL INFORMATION ON YOUR OWN BEFORE UNDERTAKING RELIANCE AND ACTIONING THEREUPON. TACHYON TECHNOLOGIES SHALL NOT BE RESPONSIBLE NOR LIABLE FOR ANY CONSEQUENTIAL DAMAGES ARISING ON ACCOUNT OF YOUR RELYING ON THE CONTENTS OF THE ADVERTISEMENT.

Limitation of Liability: TACHYON TECHNOLOGIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES TO YOUR HARDWARE OR SOFTWARE OR FOR INTERRUPTED COMMUNICATIONS, LOST DATA OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF TACHYON TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

You agree that Tachyon Technologies has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted using the Application.

Intellectual Property rights: You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or E-mail distributed, commercially produced information presented to you by Tachyon Technologies or Tachyon Technologies's suppliers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You are permitted to use this content as authorized by owner or distributor of the proprietary content.

Updates: The Quillpad Mobile license bought by you will enable you to use the Application indefinitely. In addition, you can download bug fixes and minor updates for up to 6 months from the date of purchase you made. In order to get updates and feature enhancements after this period, you will need to renew the license or buy the latest version of the product. The terms of renewal would be published on http://www.quillpadmobile.in.

Validity of the Agreement and Governing Law: If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Tachyon Technologies's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between You and Tachyon Technologies.

This agreement will be governed by and construed in accordance with the laws of India without giving effect to principles of conflict of laws. All disputes are subject to the jurisdiction of the High Court of Karnataka.

Copyright © 2009 Tachyon Technologies

Email: quillpad@tachyontech.net