Terms of Use

Every account holder must agree to the below terms.

Please send us any questions or concerns you may have.

Terms and Conditions of Use

Last Revised: January 17, 2011

This Agreement is a legally binding document between you and Penzu Inc. ("Penzu," "we," "our," "us"). Please read these Terms and Conditions of Use ("Terms") carefully before accessing or using the Penzu website. By using, subscribing to, or browsing the Penzu website, you agree to comply with these Terms, which may be updated by Penzu at its discretion. If you disagree with any part of these Terms, do not use the Penzu website.

This Agreement outlines essential details about your legal rights, remedies, and responsibilities, including limitations and exclusions, and a clause governing dispute resolution.

In Short...

We don't own your entries. You do. Everything that you write in Penzu is yours and unless shared or made public, is for your eyes only. We have no rights to your entries and cannot read them, sell them, or display them in any other way than through our application.

Please read below for our terms regarding membership, registration data, account, fees, refunds, and more.

1. Description of Service

Penzu offers a web-based platform (the "Service") designed to allow users to create and manage an online diary or journal. Upon registering with Penzu, you gain access to a private journal space where you can securely store text and images as journal entries. These entries can be shared either anonymously, by email, or publicly, based on your preferences. Users may choose between a free account or a premium subscription ("Penzu Pro") for an annual fee of USD $19.00. Penzu Pro includes additional features such as enhanced security, customization options, and the ability to import and export data. For this Agreement, both the free and paid versions of the Service are referred to as the "Service."

2.Application

The terms "you," "your," or "User" refer to the individual using the Service, whether independently or as a parent or guardian for a minor whom you authorize to use the Service. You are responsible for ensuring that any minor complies with these Terms. By accessing or using the Penzu website (penzu.com.in), you confirm that you have read, understood, and agree to be bound by these Terms, regardless of whether you are a registered user.

3.Amendments to Terms of Use and the Service

4.Membership, Registration Data, Account, Fees for Penzu Pro, and Security

Penzu does not accept users under the age of 13. By registering, you confirm that you are at least 13 years old. If you are under 18, you must review these Terms with a parent or guardian to ensure mutual understanding and agreement.

During registration, you may be asked to create a username and password (collectively referred to as your "Account") to access certain Service features. You agree to provide accurate, up-to-date information during registration and to keep this data current. You are responsible for maintaining the confidentiality of your login credentials and are fully accountable for all activities that occur under your Account.

For users opting for a Penzu Pro subscription, the annual fee is required for continued access to premium features. If you did not sign up through a referral link, you can request a refund within 30 days of payment by selecting the "Downgrade and Refund" option or notifying us. For details, please refer to the Refund Policy section. Refunds will not be issued if your Penzu Pro Account is deactivated as described in Section 11.

Your Penzu Pro subscription automatically renews each year, unless you disable the automatic renewal option. Penzu will send a notification 30 days prior to the renewal date, reminding you of the option to manually renew or cancel the service. You can renew your Penzu Pro subscription anytime from your Account page.

If your subscription expires, you may choose to renew it or downgrade to a free account. Keep in mind that downgrading will remove all Penzu Pro features, such as entry formatting and customizations. Penzu is not liable for any issues arising from Account renewal or deactivation.

Payments for Penzu Pro can be made through Visa, MasterCard, or PayPal, with automatic renewals occurring unless disabled. If using PayPal, you are subject to the PayPal User Agreement. Penzu disclaims any responsibility for PayPal-related issues, including payment failures or disputes.

You are responsible for monitoring your Account for unauthorized access and agree to notify Penzu immediately of any security breaches. Always log out from shared computers to ensure your Account's security. Penzu is not liable for damages resulting from your failure to follow these security practices. In certain cases, Penzu may assign you a new Account or request changes to enhance security.

Penzu Pro users can protect individual entries with an "Encryption Lock" to secure their data using a password. Losing the encryption password will result in permanent data loss, and Penzu cannot assist with recovery. You are fully responsible for safeguarding your password and data. Penzu is not liable for any data loss due to password issues.

If the information you provide is found to be inaccurate or incomplete, Penzu reserves the right to deactivate or terminate your Account and restrict future access to the Service without liability.

5.Refund Policy

If you wish to request a refund for your Penzu Pro purchase, you must do so within 30 days from the date of payment. To initiate the refund process, you have two options. First, you can simply click the "Downgrade and Refund" button located on your Account page, within 30 days of purchase. Please ensure that you send the request from the email address associated with your Penzu Pro account. If Penzu determines your refund request is valid, they will ask you to downgrade your Penzu Pro account to a free account, at which point you will lose access to the premium features of Penzu Pro. Following this, your original payment method will be credited with the refunded amount. Please note that if you purchased Penzu Pro through a referral link and received a discount, your purchase will no longer be eligible for a refund.

6.Privacy Policy

Penzu collects personal information through its service, and the way this information is used, stored, and disclosed is strictly governed by its Privacy Policy. By using the service, you agree to the terms outlined in the Privacy Policy, which can be reviewed at any time by visiting

7.Ownership and Responsibility Regarding User Content

Penzu does not endorse, guarantee, or take responsibility for the accuracy, reliability, or legitimacy of any content posted through the service. You, as the user, are solely accountable for any journal entries, photos, messages, profiles, notes, text, and any other content (collectively referred to as "User Content") that you upload, publish, share, or make accessible on the service. Penzu reserves the right to, but is not obligated to, review and remove any User Content that it deems inappropriate or violates the terms of this agreement. This includes content that is offensive, illegal, or infringes upon the rights or safety of other users or individuals. You are responsible for evaluating the risks involved in using User Content, including its accuracy, completeness, or usefulness.

Although Penzu does not claim ownership over User Content, by posting or sharing content on the service, you grant Penzu an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with sublicensing rights) to use, reproduce, display, perform, translate, reformat, and distribute the content as needed to provide the service. This license only extends to content that is publicly shared. For private User Content, Penzu is granted a license solely for the purpose of making that content available to you in line with your account settings.

Penzu may preserve and disclose User Content if legally required or if it reasonably believes such actions are necessary to comply with legal obligations, enforce this agreement, or protect the rights, safety, or property of Penzu, its users, or the public.

8.General User Conduct

You acknowledge and agree that the service is intended solely for personal, non-commercial use. You warrant that any material submitted or shared through your account, or posted via the service, will not infringe on the rights of any third party, including but not limited to copyright, trademark, privacy, or personal rights. You agree to refrain from using the service in any manner that could harm, overload, or disrupt its functionality.

In addition, you agree not to use the service or site to:

Harvest or collect email addresses or other contact details of users for the purpose of sending unsolicited communications. Use automated tools to extract information from the service. Upload or share content that is harmful, offensive, illegal, defamatory, abusive, or discriminatory. Share content that you are not legally entitled to post under applicable law or contractual agreements. Register for an account on behalf of another person or entity. Impersonate any individual or entity, especially someone affiliated with Penzu, or misrepresent your identity or affiliations. Post unsolicited advertisements, spam, or any other form of commercial solicitation without prior consent from Penzu. Upload or disclose private information of any third party, such as personal identification numbers, credit card details, or other sensitive data. Solicit personal information from minors or engage in unlawful data collection practices. Introduce harmful software such as viruses or malware that may damage or disrupt the service. Advertise goods or services for commercial purposes without obtaining written consent from Penzu. Download files that you know or suspect to be illegally distributed. Disrupt the service or interfere with the operation of other sites, networks, or servers connected to the service. Forge or manipulate data to disguise the origin of content or alter your presence on the service. Take actions that unfairly burden the service’s infrastructure or violate local, national, or international laws.

Deliberate damage to the service or related websites may lead to legal consequences, including criminal prosecution. Penzu reserves the right to seek all available remedies, including damages and legal actions, to the fullest extent permitted by law.

9.Anonymous User Messages and Public Links

When sending anonymous messages or sharing public links, you are required to adhere to all guidelines outlined in Section 8. It is essential to act responsibly and refrain from sending, or encouraging the sending of, messages that could be deemed frightening, harassing, insulting, or inappropriate by Penzu at its discretion. Such behavior could result in the deactivation of your account, denial of access to specific service features, or both, either temporarily or permanently. Penzu reserves the right, but is not obligated, to take necessary actions, including contacting the relevant authorities, if it identifies anonymous messages or public links that it deems inappropriate.

10.Limitations on User Content

The following restrictions apply to all User Content shared within the Service: (a) Any User Content that includes nudity, sexually explicit material, or any other content deemed explicit or inappropriate by Penzu should be kept private. Penzu reserves the right to prevent the sharing of such content at its discretion.

(b) Content promoting pedophilia, incest, or bestiality is strictly prohibited.
(c) Users are prohibited from posting content designed to commercially distribute pornographic material or direct traffic to websites that focus on the commercial distribution of such content.
(d) Penzu enforces a zero-tolerance policy regarding child pornography. Any user found posting or distributing such content will have their access terminated and will be reported to the appropriate authorities.
(e) User Content that promotes hatred, discrimination, or violence against any group based on race, ethnicity, religion, gender, disability, age, veteran status, sexual orientation, or gender identity is prohibited.
(f) Posting threats of violence, physical harm, or emotional distress directed at any individual or group is strictly forbidden.

Despite these rules, you acknowledge that Penzu does not guarantee the absence of offensive, indecent, or objectionable content within the Service. You use the Service at your own risk and agree that Penzu is not liable for exposure to such

11.Termination and Modification

Penzu reserves the right to modify, suspend, or discontinue any part of the Service at its sole discretion, with or without notice. By using the Service, you acknowledge that your access may be terminated at any time without prior warning. Should your account be deactivated or terminated, Penzu is not obligated to provide a refund for any fees. Additionally, your User Content and all associated data may be permanently deleted without notice.

If Penzu believes that you have violated this Agreement or acted in a manner inconsistent with the terms of service or Privacy Policy, your account may be suspended, terminated, or deactivated at its discretion, with no refund of fees.

If you no longer wish to use the Service, you can deactivate your account via your account page. However, please note that deactivating your account does not automatically delete your User Content or personal information. To permanently remove your account and associated data, you must contact Penzu at support@penzu.com from the email address used to create your account. If a Penzu Pro User terminates their account, they will not be entitled to a refund for any fees.

12.Account Reactivation

13.Proprietary Rights in Service Content

You acknowledge that the Service and its associated software (the "Software") contain proprietary information protected by intellectual property laws. You agree not to modify the Software in any way or attempt to gain unauthorized access to the Service through any means other than the provided interface.

All content within the Service, including designs, text, graphics, images, videos, software, and music (collectively, "Service Content"), is the exclusive property of Penzu, its Users, or its licensors. You are prohibited from modifying, copying, distributing, reproducing, or selling any Service Content without prior written consent from Penzu.

14.Limited License

If you have not violated any provisions of this Agreement or the Privacy Policy, and have not already terminated your account, you may reactivate your account by logging in with your username and password. This will initiate the reactivation process, and you will receive an email with a reactivation link. Please note that Penzu is not responsible for any account that is no longer available following the reactivation process.

Any request for reactivation from a user who has been deemed in violation of this Agreement or the Privacy Policy will be reviewed, and Penzu may choose to approve or deny the request at its discretion.

By using the Service, and provided you are eligible, you are granted a limited, non-exclusive, and non-transferable license to access and use the Service. You may download or print portions of the Service Content for personal, non-commercial use only, provided you retain all copyright and proprietary notices. Republishing, distributing, or incorporating Service Content into other databases or websites is prohibited unless explicitly authorized by Penzu.

This license does not extend to the use of data mining, robots, or other similar data extraction methods. Unauthorized use of the Service Content or Service will result in the termination of this License and may violate applicable laws, including copyright and trademark regulations. Penzu may revoke this License at any time, without notice or cause.

15.TRADEMARKS

PENZU™ and other service-related graphics, logos, designs, page headers, button icons, scripts, and names are protected by copyright in Canada and other countries, either owned by Penzu or licensed to it. Penzu's trademarks and trade dress cannot be used, including as part of other trademarks or domain names, in any manner that could create confusion. These trademarks may not be copied, imitated, or used, in whole or in part, without prior written permission from Penzu.

16.COPYRIGHT INFRINGEMENT

If you believe that any content on the Service infringes upon a copyright you own or control, please send a written notification to our Designated Agent at the following address:

Designated Agent Name: Penzu Inc. Full Address: Penzu Inc., c/o 2100 Scotia Plaza, 40 King Street West, Toronto, Ontario, M5H 3C2

To comply with the Digital Millennium Copyright Act ("DMCA"), the notification must be written and include:

(a) A physical or electronic signature from the authorized person acting on behalf of the copyright owner.

(b) Identification of the copyrighted work alleged to be infringed, or if multiple works, a representative list.

(c) Identification of the material believed to be infringing, with information to help us locate it.

(d) Contact information for the complaining party. (e) A statement that the complaining party has a good-faith belief that the use is unauthorized.

(f) A statement affirming the accuracy of the information and that the complaining party is authorized to act on behalf of the copyright holder.

17.REPEAT INFRINGER POLICY

In line with the DMCA and applicable laws, Penzu has implemented a policy to terminate users who are found to be repeat infringers. Penzu reserves the right, at its sole discretion, to restrict access to the Service or terminate accounts of users who violate intellectual property rights, regardless of whether it is a repeat offense.

18.CONTENT LINKED TO BY PENZU

The sites linked to by Penzu are operated by third parties over whom Penzu has no control. Penzu does not screen or approve the content on these external sites before including them in the Service. Users may link to sites or content that others may find objectionable. Penzu makes no representations or warranties regarding the content of these third-party sites and assumes no responsibility for the material displayed there. We do not guarantee that such content will be free of undesirable elements. Penzu is not liable for the availability of external sites, nor does it endorse or take responsibility for the advertising, products, or materials found on those sites.

You acknowledge that Penzu is not liable for any damage or loss that may result from the use of, or reliance on, content from these linked sites or resources. Additionally, you may be subject to the terms and conditions of these third-party sites, and Penzu is not responsible for your compliance with them.

19.PARTICIPATION OF ADVERTISERS AND/OR MERCHANTS

By using the Service, you understand that advertisements may appear, and that you will not use HTML/CSS or any other methods to obscure these advertisements. Penzu reserves the right to display ads at its discretion, without prior notice or compensation to you or other users. The nature and extent of these ads, including how they may appear on your content, will be determined solely by Penzu.

The Service may also feature third-party promotions, providing opportunities for correspondence or participation in offers from advertisers or merchants. Any interaction with these promotions, including purchases, are solely between you and the respective advertiser or merchant. Penzu is not responsible for any aspect of such transactions.

20.DISCLAIMER OF WARRANTIES

Penzu makes no guarantees regarding the accuracy, legality, reliability, or availability of any information, material, data, products, or services provided through the Service. We disclaim any responsibility for the deletion, failure to store, or untimely delivery of such materials. Additionally, Penzu is not responsible for any harm that may result from downloading or accessing materials through the Service.

The Service, along with all materials and services provided, is offered "as is," with no warranties expressed or implied. Penzu and its licensors disclaim all warranties, including those related to merchantability, fitness for a particular purpose, non-infringement of proprietary rights, and others that may arise from usage.

Furthermore, Penzu does not guarantee uninterrupted or error-free service. We do not warrant that defects will be corrected, or that the site, software, or server will be free from harmful components like viruses. Penzu disclaims responsibility for advice or information obtained through the Service.

You acknowledge that downloading or obtaining materials through the Service is done at your own risk, and you accept full responsibility for any damages to your system or loss of data resulting from these activities.

21.LIMITATION OF LIABILITY

Under no circumstances will Penzu or its licensors be held liable for any damage or loss resulting from your use or misuse of the Service. This limitation applies to claims based on warranty, contract, tort (including negligence), or otherwise, even if Penzu has been informed of the potential for such damages.

The limitation applies to damages resulting from service interruptions, unauthorized access to or alterations of your data, or any other cause related to the Service, including the performance of linked third-party sites. Penzu is not responsible for costs related to procuring substitute services or products, lost profits, or lost data.

In no case will Penzu’s total liability exceed the amount you have paid for the Service during the year prior to the occurrence of damages. We are also not liable for delays or failures due to causes beyond our control, including natural disasters, equipment failures, and other unforeseen events.

22.INDEMNITY

You agree to indemnify and hold harmless Penzu, its subsidiaries, affiliates, directors, officers, employees, agents, and licensors from any damages or expenses arising from third-party claims related to your User Content, use of the Service, breaches of this Agreement, or violations of any laws or rights. Penzu reserves the right to assume exclusive defense in such matters, and you will cooperate as reasonably required.

23.GOVERNING LAW

This Agreement will be governed by the laws of Ontario and applicable federal laws in Canada, excluding conflict-of-law principles. Any disputes under this Agreement will be resolved exclusively in the courts of Toronto, Ontario. You consent to jurisdiction in these courts and agree not to bring legal actions in other jurisdictions.

24.GENERAL

This Agreement, along with the Privacy Policy, constitutes the entire understanding between the parties. Any prior agreements are superseded. If there’s any conflict between the Agreement and the Privacy Policy, the Agreement prevails. Any waiver of provisions must be in writing, signed by Penzu. If a court finds any provision of this Agreement invalid, the remaining provisions remain in full effect. Your use of the Service does not create an agency or joint venture relationship with Penzu.

25.CHANGES IN TERMS AND CONDITIONS

Penzu reserves the right to modify the Service or terminate accounts at its discretion, with or without notice. This Agreement may also be updated periodically, and it’s your responsibility to review it regularly to stay informed of any changes.