Terms of Service
Last updated: December 4, 2024
Agreement to Terms
These Terms of Service ("Terms") govern your access to and use of Penny's influencer outreach platform and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Services.
Eligibility
You must be at least 18 years old and capable of forming a binding contract to use our Services. By using our Services, you represent and warrant that you meet these eligibility requirements.
Account Registration
To access certain features of our Services, you must create an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information
- Maintain the security of your password and account
- Accept responsibility for all activities that occur under your account
- Notify us immediately of any unauthorized use of your account
You are responsible for all activity on your account, whether authorized by you or not.
Subscription Plans and Billing
Plan Types
We offer various subscription plans, including free, paid monthly, and one-time event plans. Each plan includes specific features and usage limits as described on our pricing page.
Free Trials
Paid plans may include a free trial period. If you do not cancel before the trial ends, you will be automatically charged for the subscription. Trial benefits are limited to one trial per user.
Billing and Payments
- Payment is processed through our third-party payment processor, Stripe
- Subscriptions automatically renew at the end of each billing cycle
- You authorize us to charge your payment method for all fees incurred
- All fees are non-refundable except as required by law or as explicitly stated
- We may change our fees with 30 days' notice
Cancellation and Refunds
You may cancel your subscription at any time. Cancellations take effect at the end of your current billing period. You will continue to have access to paid features until the end of the period you've paid for. We do not provide refunds for partial billing periods or unused features.
Acceptable Use
You agree not to use our Services to:
- Violate any applicable laws, regulations, or third-party rights
- Send spam, unsolicited communications, or harassing messages
- Impersonate any person or entity or misrepresent your affiliation
- Upload or transmit viruses, malware, or other malicious code
- Interfere with or disrupt the Services or servers/networks
- Attempt to gain unauthorized access to any part of the Services
- Scrape, crawl, or data mine the Services without permission
- Use the Services for any illegal or unauthorized purpose
- Violate the CAN-SPAM Act or other anti-spam regulations
- Circumvent usage limits or restrictions on your plan
User Content and Campaigns
You retain ownership of any content, campaigns, or data you submit through our Services ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, and process your User Content solely to provide and improve our Services.
You represent and warrant that:
- You own or have the necessary rights to your User Content
- Your User Content does not infringe on any third-party rights
- Your User Content complies with these Terms and applicable laws
Third-Party Integrations
Our Services may integrate with third-party services (such as Gmail). Your use of these integrations is subject to the third party's terms and policies. We are not responsible for the actions, content, or privacy practices of third-party services.
Intellectual Property Rights
The Services and all content, features, and functionality are owned by Penny and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Services without our express written permission.
Data and Privacy
Our collection and use of personal information is described in our Privacy Policy. By using our Services, you consent to our privacy practices.
Disclaimers and Limitations of Liability
Service "As Is"
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PENNY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.
Indemnification
You agree to indemnify, defend, and hold harmless Penny and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising from:
- Your use of the Services
- Your violation of these Terms
- Your violation of any rights of another party
- Your User Content
Term and Termination
These Terms remain in effect while you use our Services. We may suspend or terminate your access to the Services at any time, with or without cause or notice, including if we believe you have violated these Terms.
Upon termination:
- Your right to use the Services immediately ceases
- We may delete your account and User Content
- You remain liable for all amounts due up to the termination date
Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.
Any disputes arising from these Terms or your use of the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in court.
Changes to Terms
We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or through the Services. Your continued use of the Services after such notice constitutes acceptance of the modified Terms.
Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Penny regarding your use of the Services and supersede all prior agreements.
Contact Us
If you have any questions about these Terms, please contact us: