Terms of Service

1. Agreement to Terms

By accessing or using the HeadshotMarketing platform ("Platform"), mobile applications, website, and services (collectively, "Services"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you do not have permission to access our Services.

These Terms constitute a legally binding agreement between you and Headshot Marketing Private Limited ("HeadshotMarketing," "we," "us," or "our"), part of the Burdenoff Group. International payments are invoiced by Algoshred Technologies Corp (Delaware, USA). The canonical version of these Terms lives in the HeadshotMarketing specs repo and at headshotmarketing.com/terms.

2. Definitions

• • "User" means any individual or entity that uses the Platform
• • "Workspace" means a team or organisation account under which members, campaigns, contacts, and assets are managed
• • "Customer Data" means the contacts, content, campaigns, and other materials you provide to or manage on the Platform
• • "Output" means the campaigns, content, reports, and other materials produced or generated through the Platform
• • "Services" means all features, functionalities, and services provided through the Platform
• • "Content" means any Customer Data, Output, or other materials uploaded to or generated on the Platform

3. User Accounts

3.1 Account Registration

• • You must be at least 18 years old to create an account
• • You must provide accurate, complete, and current information
• • You are responsible for maintaining the confidentiality of your account credentials
• • You must notify us immediately of any unauthorized account access
• • One person or entity may not maintain multiple accounts

3.2 Account Types

HeadshotMarketing offers different account types with specific terms:

• • Individual Accounts: For a single person running marketing on the Platform
• • Team & Workspace Accounts: For organisations managing members, campaigns, and shared data, subject to the applicable plan
• • Enterprise Accounts: Subject to an Order Form with additional terms, governance, and support

4. Use of Services

4.1 Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to:

• • Violate any applicable laws or regulations
• • Infringe upon the rights of others
• • Transmit any harmful or malicious code
• • Attempt to gain unauthorized access to our systems
• • Engage in any fraudulent or deceptive practices
• • Harass, abuse, or harm other users
• • Use automated systems or bots without permission

4.2 Contacts, Consent & Anti-Spam

• • Only import or market to contacts you have the right and consent to contact
• • Honour applicable anti-spam, email-marketing, and telemarketing laws (e.g. CAN-SPAM, GDPR, CASL)
• • Provide clear opt-out mechanisms and respect unsubscribe requests promptly
• • Do not use the Services to send unsolicited bulk messages or deceptive communications
• • You are responsible for the campaigns and content you send

4.3 Prohibited Content

• • No illegal, hateful, harassing, or sexually explicit content
• • No content that infringes intellectual-property or privacy rights
• • No attempts to bypass safety, compliance, or usage guardrails

5. Fees and Payments

5.1 Platform Fees

HeadshotMarketing is offered on subscription plans. Pricing is being finalised ahead of launch; the fees applicable to your account will be the ones presented to you at sign-up or in your Order Form.

• • Plans for individuals, teams, and agencies
• • Enterprise editions under an Order Form
• • Usage-based limits may apply per plan

5.2 Payment Terms

• • All fees are exclusive of applicable taxes
• • Payments are processed through secure third-party providers
• • Refunds are subject to our Refund Policy
• • Failed payments may result in service suspension

6. Content and Intellectual Property

6.1 Your Customer Data and Output

You retain your rights in the contacts, content, and other Customer Data you provide. You grant us a limited license to process your Customer Data solely to provide the Services to you. Subject to these Terms and your payment of applicable fees, the campaigns, content, and reports produced for you (the Output) are yours to use.

• • We process your Customer Data only to operate the Services and produce your Output
• • We do not sell your Customer Data or use it to train models for other customers
• • You are responsible for ensuring you have the rights and consents to your Customer Data

6.2 Platform Content

All Platform content, including logos, designs, text, graphics, and software, is the property of HeadshotMarketing or its licensors and is protected by intellectual property laws.

7. Disclaimers and Limitations of Liability

7.1 Service Disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

7.2 AI-Generated Output

7.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HEADSHOTMARKETING SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES.

8. Indemnification

You agree to indemnify, defend, and hold harmless HeadshotMarketing, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Services or violation of these Terms.

9. Termination

• • Either party may terminate the agreement at any time
• • We may suspend or terminate accounts for Terms violations
• • Upon termination, your right to use the Services ceases immediately
• • Certain provisions of these Terms survive termination

10. Dispute Resolution

10.1 Arbitration

Any disputes arising out of or relating to these Terms shall be resolved through binding arbitration in accordance with the Arbitration and Conciliation Act, 1996.

10.2 Governing Law

These Terms shall be governed by the laws of India, without regard to conflict of law principles. Disputes shall be finally resolved by arbitration seated in Chennai, Tamil Nadu, India under the Arbitration and Conciliation Act, 1996, except where mandatory consumer protections override.

11. General Provisions

• • Entire Agreement: These Terms constitute the entire agreement between you and HeadshotMarketing
• • Severability: If any provision is found invalid, the remaining provisions continue in effect
• • Waiver: No waiver of any Term shall be deemed a further waiver
• • Assignment: You may not assign your rights without our consent
• • Force Majeure: Neither party is liable for delays due to circumstances beyond their control

12. Updates to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or Platform notifications. Your continued use of the Services after changes constitutes acceptance of the updated Terms.

13. Contact Information

For questions about these Terms of Service, please contact us: