Terms of Use

1. Acceptance of Terms & Parties to Agreement

Welcome to Helmetsan (accessible at https://helmetsan.com/, including all associated subdomains, mobile applications, APIs, databases, and digital properties, collectively referred to as “the Platform” or “Services”).

These Terms of Use constitute a legally binding contractual agreement between you (“User,” “you,” or “your”) and Ash Digital Services / Ashish Digital Services (“Helmetsan,” “Company,” “we,” “us,” or “our”), registered and operating under the laws of the Republic of India, with principal operations located in Rourkela, Sundargarh District, Odisha 769004, India.

BY ACCESSING, BROWSING, SCRAPING, INDEXING, OR UTILIZING THE PLATFORM, YOU EXPRESSLY AGREE TO BE BOUND BY THESE TERMS OF USE, OUR PRIVACY POLICY, COOKIE POLICY, SAFETY DISCLAIMER, AND AFFILIATE DISCLOSURE. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL PROVISIONS OF THESE TERMS, YOU ARE PROHIBITED FROM ACCESSING OR USING HELMETSAN.

2. Eligibility & Geographical Scope

You must be at least sixteen (16) years of age, or the age of legal majority in your country or province of residence, to access Helmetsan. By using our Services, you warrant that you possess full legal capacity to enter into this binding agreement and that your use of the Platform complies with all applicable local, regional, national, and international laws.

3. Intellectual Property Rights & Strict Anti-Scraping Protection

The entire architecture, data schemas, compilation, and visual assets of Helmetsan represent valuable proprietary intellectual property protected under domestic and international copyright, trademark, and database protection treaties:

• Proprietary Database Architecture: The unique compilation, cross-referencing algorithms, comparative normalization formulas, acoustic quietness scoring metrics, cranial fit classifications, and relational data structures are exclusively owned by Ash Digital Services.
• Trademarks & Trade Dress: “Helmetsan,” the Helmetsan logo, distinct typography, custom CSS tokens, Mac-UI styling, and visual interface aesthetics constitute proprietary trade dress. Unauthorized reproduction, imitation, or confusingly similar branding is strictly prohibited.
• Automated Scraping & Extraction Prohibition: You are expressly barred from using web crawlers, spiders, artificial intelligence training scrapers, deep-linking scripts, automated bots, screen scrapers, or programmatic retrieval mechanisms to harvest our database records, editorial overviews, helmet specifications, or pricing aggregates without our prior, express, written commercial licensing agreement.
• Limited Personal License: We grant you a personal, revocable, non-exclusive, non-transferable, limited license to access and view our content for your personal, non-commercial motorcycle research and educational reference.

4. Permitted & Prohibited Conduct

When interacting with Helmetsan, you agree to act in good faith and refrain from any conduct that threatens system stability, security, or platform integrity. You specifically agree that you will not:

1. Circumvent, disable, probe, or interfere with security features, rate-limiting rules, Cloudflare edge firewalls, or authentication credentials.
2. Transmit any computer viruses, worms, Trojan horses, malware, or malicious payloads through form submissions or API endpoints.
3. Impersonate any motorcycle manufacturer, safety testing official, technician, or other user.
4. Submit fraudulent, deceptive, defamatory, or commercially motivated user reviews or helmet ratings.
5. Frame, mirror, or co-brand Helmetsan pages within third-party domains without written authorization.
6. Use the Platform or its data to develop, train, or optimize competing machine learning models or commercial helmet databases without an enterprise API agreement.

5. User-Generated Content (UGC) & Review Licensing

Where Helmetsan permits users to submit comments, reviews, photos, sizing feedback, or community gear ratings (“User Content”):

• Ownership & License Grant: You retain ownership of your original copyright. However, by submitting User Content to Helmetsan, you grant us an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, modify, translate, publish, distribute, publicly display, and incorporate your submission across all media channels.
• Warranties of Originality: You represent and warrant that you own or possess all requisite rights to submit the content, that your submission does not infringe upon any third-party privacy or intellectual property rights, and that your statements represent your honest, genuine personal rider experience.
• Content Moderation: Helmetsan reserves the absolute right, without prior notice, to edit, reject, withhold, or remove any User Content that violates our guidelines or is deemed misleading, profane, abusive, or spam.

6. Independent Platform: No Direct E-Commerce & Third-Party Merchant Orders

Helmetsan is an independent comparison and informational platform. Helmetsan is not a direct merchant, online retailer, manufacturer, or order fulfillment facility.

• Outbound Transactions: When you follow outbound links to purchase gear from third-party retailers (e.g., RevZilla, Amazon, FC-Moto, Motoin), the commercial transaction occurs exclusively between you and that merchant.
• Merchant Policies Govern: All order processing, payment capture, shipping timelines, customs duties, return processing, warranty claims, and customer service requests are governed exclusively by the terms and policies of the respective third-party retailer. Helmetsan possesses no access to merchant order databases and bears zero legal responsibility for retailer fulfillment failures, stock cancellations, or billing disputes.

7. Disclaimer of Warranties (“As-Is” and “As-Available”)

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• THE PLATFORM, CONTENT, SPECIFICATIONS, COMPARISON SCORES, AI-ASSISTED ANALYSES, AND ALL SERVICES ARE PROVIDED STRICTLY ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.
• HELMETSAN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT.
• WE MAKE NO WARRANTY THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR FREE OF DEFECTS OR SYSTEM ERRORS.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW:

• UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE) SHALL ASH DIGITAL SERVICES, HELMETSAN, ITS PROPRIETOR, DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, EQUIPMENT DAMAGE, ACCIDENT CLAIMS, PHYSICAL INJURY, BRAIN TRAUMA, OR DEATH ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, OR RELIANCE UPON THE PLATFORM, ITS COMPARISON DATA, SIZING GUIDES, OR OUTBOUND AFFILIATE PARTNERS.
• IN NO EVENT SHALL OUR AGGREGATE CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES EXCEED THE TOTAL SUM OF $100.00 USD (ONE HUNDRED UNITED STATES DOLLARS) OR THE EXACT AMOUNT YOU PAID TO HELMETSAN IN THE PRECEDING TWELVE (12) MONTHS, WHICHEVER IS LESS.

9. Indemnification

You agree to defend, indemnify, and hold harmless Ash Digital Services / Helmetsan, its proprietor, affiliates, officers, agents, contractors, licensors, and partners from and against any and all claims, liabilities, damages, judgments, losses, costs, expenses, or legal fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your violation of these Terms of Use; (b) your misuse of the Platform or its data; (c) your User Content; or (d) your violation of any statutory road safety laws, helmet regulations, or third-party rights.

10. Governing Law, Dispute Resolution & Binding Arbitration

These Terms of Use, their formation, validity, and enforcement shall be governed by and construed in accordance with the substantive laws of the Republic of India, without regard to its conflict-of-laws principles.

• Informal Negotiation: In the event of any controversy, claim, or dispute arising out of or related to these Terms, the parties agree to first attempt in good faith to resolve the dispute informally by delivering written notice to [email protected] for a period of at least thirty (30) calendar days.
• Binding Arbitration: If the dispute is not resolved informally, it shall be referred to and finally settled by binding arbitration conducted under the provisions of the Indian Arbitration and Conciliation Act, 1996 (as amended). The arbitration seat and venue shall be Rourkela, Odisha, India. The proceedings shall be conducted in the English language before a sole arbitrator appointed mutually by the parties.
• Exclusive Judicial Jurisdiction: For any judicial matters not subject to arbitration, the courts located in Rourkela, Sundargarh District, Odisha, India shall possess exclusive personal and subject-matter jurisdiction.
• Class Action Waiver: YOU AND HELMETSAN AGREE THAT ALL DISPUTES SHALL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS. NEITHER PARTY SHALL COMMENCE, PARTICIPATE IN, OR JOIN ANY CLASS ACTION, COLLECTIVE PROCEEDING, OR REPRESENTATIVE LITIGATION AGAINST THE OTHER.

11. Severability, Assignment & Entire Agreement

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be severed to the minimum extent necessary, and the remaining provisions shall remain in full force and effect. We may assign our rights and duties under these Terms at our discretion without notice. These Terms, together with our incorporated Privacy Policy, Cookie Policy, and Disclaimers, constitute the entire agreement between you and Helmetsan.

12. Legal Inquiries & Official Notices

All formal legal notices, inquiries, or statutory correspondence must be directed to our designated legal desk: