Introduction
These Terms of Use (the "Terms") are an End User License Agreement between you and PREMAN LLP ("Penso," "we," "us," or "our"), the developer of Penso Notes. They govern your use of the Penso Notes apps for iOS, iPadOS, Android, macOS and Windows, the penso-notes.com website, and any related services, including Penso Pro (together, the "Licensed Application" or "Service").
By downloading, installing or using the Licensed Application you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Licensed Application.
Apps made available through the Apple App Store are licensed, not sold, to you. Your license is subject to your prior acceptance of these Terms. Where you obtain the Licensed Application through another store (such as Google Play) or directly from us, these Terms apply together with that store's terms.
a. Scope of License
We grant you a non-transferable, non-exclusive, revocable license to install and use the Licensed Application on devices that you own or control, for your personal, non-commercial use. On Apple devices, use is further limited to the Usage Rules in the Apple Media Services Terms and Conditions, except that the Licensed Application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
These Terms also govern any content, materials or services accessible from or purchased within the Licensed Application, as well as upgrades provided by us that replace or supplement it, unless the upgrade comes with its own terms.
You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time (other than through the sync and sharing features we provide); transfer, redistribute, sublicense, rent, lease or lend it; or copy (except as permitted by these Terms and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part of it, except to the extent the law expressly permits despite this limitation.
b. Your Content and Data
You own the notes, diaries, photos, audio and other content you create ("Your Content"). Your Content is stored on your device; it is copied elsewhere only when you choose to — for example, an optional backup to your own Google Drive, syncing between your own signed-in devices, sharing a diary with another person, or exporting. You are responsible for keeping your own backups and for the content you share with others.
We may collect and use technical data and related information — including information about your device, system and application software, and peripherals — to provide software updates, product support and other services related to the Licensed Application, as described in our Privacy Policy. We may use this information, in a form that does not personally identify you, to improve our products.
c. Penso Pro, Subscriptions and Purchases
Penso Notes is free to download and use. Penso Pro unlocks additional features (such as desktop apps, device sync, shared diaries, analytics, trackers and premium themes) and is offered as:
- Auto-renewing subscriptions (monthly or yearly), billed through the Apple App Store, Google Play, or — on macOS and Windows — our payment partner Razorpay.
- Penso Pro Extended, a one-time purchase that unlocks Pro for the period shown at the time of purchase. It does not renew automatically.
The price, length and features of each plan are shown before you buy.
Automatic renewal
Subscriptions renew automatically at the end of each billing period at the then-current price unless you cancel at least 24 hours before the period ends. Payment is charged to your App Store or Google Play account at confirmation of purchase, or to your payment method with Razorpay, and again at each renewal.
Cancelling
You can cancel at any time. App Store subscriptions are cancelled in your Apple ID account settings; Google Play subscriptions in the Play Store or in the app; Razorpay subscriptions in the app. After you cancel, you keep Penso Pro until the end of the current billing period, and you are not charged again.
Changing plans or platforms
Upgrades within the same store are handled by that store. To move a subscription to a different platform (for example, from Google Play or the App Store to desktop billing), cancel the current subscription first; your new plan starts when the current period ends, so you are not charged twice for the same days.
Refunds
Refunds for App Store and Google Play purchases are handled by Apple and Google under their own policies; we cannot issue them. For purchases made through Razorpay, contact us at contact@penso-notes.com. Except where required by law, payments are non-refundable and we do not provide refunds or credits for partially used periods.
Free trials and price changes
If a free trial is offered, any unused portion is forfeited when you buy a subscription. We will notify you in advance of any price change to an existing subscription as required by the applicable store and law.
d. Acceptable Use
You agree not to use the Licensed Application to break the law, infringe anyone's rights, upload malware, interfere with the Service or other users, or share content in a shared diary that is unlawful, harassing or abusive. We may suspend or end access to shared features for accounts that do.
e. Termination
These Terms are effective until terminated by you or us. Your rights under these Terms end automatically if you fail to comply with them. You may stop using the Licensed Application and delete your account at any time from the app's settings. On termination you must stop using the Licensed Application and delete all copies of it. Termination does not delete Your Content stored on your devices.
f. External Services
The Licensed Application may let you access services and websites run by others, such as Google Drive and Google Calendar ("External Services"). You use External Services at your own risk and under their own terms. We are not responsible for examining or evaluating their content or accuracy and are not liable for any External Services. You will not use External Services in any way inconsistent with these Terms or that infringes the rights of us or any other party.
g. No Warranty
To the maximum extent permitted by applicable law, the Licensed Application and any services it performs or provides are provided "as is" and "as available," with all faults and without warranty of any kind. We disclaim all warranties and conditions, express, implied or statutory, including implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment and non-infringement. We do not warrant that the Licensed Application will meet your requirements, operate without interruption or error, or that defects will be corrected, or that data will never be lost. No oral or written information or advice from us creates a warranty. Some jurisdictions do not allow these exclusions, so they may not apply to you.
h. Limitation of Liability
To the extent not prohibited by law, in no event shall we be liable for personal injury or any incidental, special, indirect or consequential damages whatsoever, including damages for loss of profits, loss of data or business interruption, arising out of or related to your use of or inability to use the Licensed Application, however caused, even if we have been advised of the possibility of such damages. Our total liability to you for all damages (other than as required by law in cases involving personal injury) shall not exceed the amount you paid us for Penso Pro in the twelve months before the claim, or US$50, whichever is greater. These limitations apply even if the above remedy fails of its essential purpose.
i. Export, Government Users and Governing Law
You may not use or export the Licensed Application except as authorised by applicable law, including the laws of the jurisdiction where you obtained it and of the United States. In particular, it may not be exported or re-exported into any U.S.-embargoed country, or to anyone on a U.S. government restricted-party list. By using the Licensed Application you represent that you are not located in such a country or on such a list.
The Licensed Application and its documentation are "Commercial Items" as defined at 48 C.F.R. §2.101 and are licensed to U.S. Government end users only as Commercial Items and with only those rights granted to all other end users under these Terms.
These Terms are governed by the laws of India, without regard to conflict-of-law rules, and disputes are subject to the exclusive jurisdiction of the courts of New Delhi, India. If you are a consumer resident in the European Union, the United Kingdom, Switzerland, Norway or Iceland, the law and courts of your usual place of residence apply instead to the extent required by law. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
j. Apple-Specific Terms
If you obtained the Licensed Application from the Apple App Store:
- These Terms are between you and PREMAN LLP only, not Apple. We, not Apple, are solely responsible for the Licensed Application and its content.
- We are solely responsible for providing maintenance and support for the Licensed Application. Apple has no obligation to provide any maintenance or support services.
- If the Licensed Application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any) to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to any warranty are our responsibility.
- We, not Apple, are responsible for addressing any claims by you or a third party relating to the Licensed Application or your possession or use of it, including product liability claims, claims that it fails to conform to legal or regulatory requirements, and claims under consumer protection, privacy or similar laws.
- If a third party claims that the Licensed Application or your possession and use of it infringes that party's intellectual property rights, we, not Apple, are solely responsible for the investigation, defence, settlement and discharge of that claim.
- You must comply with applicable third-party terms (such as your wireless data service agreement) when using the Licensed Application.
- Apple and its subsidiaries are third-party beneficiaries of these Terms. On your acceptance of these Terms, Apple has the right (and is deemed to have accepted the right) to enforce them against you as a third-party beneficiary.
k. Changes to These Terms
We may update these Terms from time to time. We will post the new Terms on this page and update the effective date, and for material changes we will notify you in the app or by email. Continuing to use the Licensed Application after the changes take effect means you accept them.
l. Contact Us
Questions, complaints or claims about the Licensed Application should be sent to:
PREMAN LLP (LLP Identification Number: ADC-5768)
Siddharth Extension
New Delhi - 110014, India
contact@penso-notes.com