Terms of Service

By accessing or using Penlly (“the Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to all of these Terms, do not access or use the Service.

These Terms apply to all visitors, users, and others who access or use the Service. By creating an account or using any part of Penlly, you represent that you are at least 18 years old and have the legal capacity to enter into this agreement.

Penlly is an AI-powered newsletter and email marketing platform that allows users to create, personalize, schedule, and send email campaigns to their subscriber lists. The Service includes features such as:

• AI-assisted email content generation
• Contact and subscriber management
• Campaign scheduling and analytics
• Form builder for collecting subscribers
• Email automation workflows
• Newsletter template library

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

To use certain features of the Service, you must register for an account. When you register, you agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

You may not use another person’s account without permission. We reserve the right to refuse service, terminate accounts, or remove content at our sole discretion.

Penlly offers both free and paid subscription plans. By subscribing to a paid plan, you agree to the following:

• Recurring billing: Subscriptions are billed on a recurring basis (monthly or annually) until cancelled.
• Automatic renewal: Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date.
• Price changes: We may change subscription prices with at least 30 days’ notice. Continued use after the price change constitutes acceptance.
• Refunds: Payments are non-refundable except where required by law. Cancellation stops future charges but does not refund past payments.
• Failed payments: If a payment fails, we may suspend or downgrade your account until payment is resolved.

You agree to use the Service only for lawful purposes. You must NOT use Penlly to:

• Send unsolicited bulk emails (spam) or messages to people who have not consented
• Harvest or collect email addresses without proper consent
• Violate the CAN-SPAM Act, GDPR, CASL, or any other applicable anti-spam laws
• Distribute malware, viruses, or any harmful computer code
• Engage in phishing, fraud, or deceptive practices
• Send content that is illegal, harmful, threatening, or harassing
• Infringe on the intellectual property rights of others
• Attempt to gain unauthorized access to any system or network
• Use the Service to compete directly with Penlly
• Resell or sublicense access to the Service without prior written consent

Violation of this policy may result in immediate termination of your account without refund. We cooperate with law enforcement when required by law.

You retain ownership of any content you create, upload, or send through Penlly (“User Content”). By using the Service, you grant Penlly a limited, non-exclusive, royalty-free license to:

• Store and transmit your User Content to deliver the Service
• Use aggregated, anonymized data to improve our AI models and service quality

You are solely responsible for your User Content and the consequences of sending it. You represent and warrant that your User Content does not violate any third-party rights or applicable laws.

We reserve the right to remove any User Content that violates these Terms or our Acceptable Use Policy, without prior notice.

As an email marketing platform, compliance with email laws is critical. You are solely responsible for ensuring your email campaigns comply with all applicable laws, including:

• CAN-SPAM Act (US): Include your physical mailing address, a clear unsubscribe mechanism, and honest subject lines.
• GDPR (EU/UK): Obtain explicit consent before emailing EU/UK residents, and honor data subject rights.
• CASL (Canada): Obtain express or implied consent before sending commercial electronic messages to Canadian recipients.

Penlly provides unsubscribe functionality and compliance tools, but you are responsible for using them correctly and maintaining compliant subscriber lists. Sending to purchased lists or lists without proper consent is strictly prohibited.

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of Penlly and its licensors. The Service is protected by copyright, trademark, and other laws.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Penlly.

Email templates provided by Penlly are licensed for use within the Service only. You may not redistribute, resell, or use them outside of the Penlly platform without explicit written permission.

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information.

Penlly integrates with third-party services (such as email providers, AI services, and payment processors). These integrations are provided for your convenience and are subject to the third party’s own terms and privacy policies.

We are not responsible for the practices of any third-party services. Your use of third-party services is at your own risk. We recommend reviewing the terms and privacy policies of any third-party services you use in connection with Penlly.

THE SERVICE IS 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.

We do not warrant that the Service will be uninterrupted, error-free, or completely secure. AI-generated content is provided as a starting point and may not always be accurate, appropriate, or suitable for your specific use case. You are responsible for reviewing and editing any AI-generated content before sending.

We do not guarantee email deliverability rates, as these depend on factors outside our control, including recipient email servers and spam filters.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PENLLY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES.

IN NO EVENT SHALL PENLLY’S TOTAL LIABILITY TO YOU EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO PENLLY IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.

You agree to defend, indemnify, and hold harmless Penlly, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorney’s fees) arising out of or in any way connected with your access to or use of the Service, your User Content, your violation of these Terms, or your violation of any rights of another.

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination:

• Your right to use the Service will immediately cease
• You may export your data within 30 days of termination
• We may delete your account data after the export period
• Any provisions that by their nature should survive will survive termination

You may cancel your account at any time through your account settings. Cancellation takes effect at the end of your current billing period.

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in Delaware. If you are a consumer in the EU, you may also have rights under the laws of your country of residence.

We reserve the right to update or modify these Terms at any time. When we make material changes, we will notify you by:

• Sending an email to the address associated with your account
• Displaying a prominent notice within the Service
• Updating the “Last updated” date at the top of this page

Your continued use of the Service after any changes constitutes acceptance of the new Terms. If you do not agree to the updated Terms, you must stop using the Service.

If you have any questions about these Terms of Service, please contact us at: