Effective Date: July 28, 2026
PEN Connect Inc., a Delaware corporation — governing the ProfileVoice platform (app.profilevoice.io)
These Terms of Service (the "Terms") constitute a legally binding agreement between you, whether acting individually or on behalf of a business or other legal entity ("you," "your," "User," or "Customer"), and PEN Connect Inc., a corporation organized under the laws of the State of Delaware ("PEN Connect," "we," "us," or "our"), governing your access to and use of the ProfileVoice platform, including the website located at app.profilevoice.io, together with all related websites, applications, software, dashboards, application programming interfaces (APIs), integrations, features, functionality, content, and other services made available by PEN Connect (collectively, the "Services").
By creating an Account, clicking to accept these Terms, executing an order or subscription, or otherwise accessing or using any portion of the Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms, our Privacy Policy, and any applicable Supplemental Terms, each of which is incorporated into these Terms by reference. If you do not agree to these Terms, you must immediately discontinue all access to and use of the Services.
If you access or use the Services on behalf of a corporation, partnership, limited liability company, governmental entity, nonprofit organization, or other legal entity, you represent and warrant that you have full legal authority to bind that entity to these Terms. In such event, the terms "you" and "your" refer to both the individual accepting these Terms and the legal entity on whose behalf the Services are accessed or used, as applicable. Where required by applicable law or agreed between the parties, business or enterprise Customers may also be required to execute PEN Connect's then-current Data Processing Addendum ("DPA"), which shall govern the processing of Personal Data to the extent specified therein.
You acknowledge and agree that the Services utilize artificial intelligence and machine learning technologies, including technologies provided by PEN Connect and third-party AI Vendors, to generate, modify, analyze, or otherwise produce Output. Output is generated through automated processes and is not reviewed, verified, endorsed, or authored by a human unless expressly stated otherwise. You further acknowledge that the ownership, copyrightability, enforceability, and other legal protections applicable to AI-generated Output may differ from those applicable to human-authored works and may evolve over time under applicable law, as further described in these Terms.
Unless PEN Connect has entered into a separate written agreement expressly governing your use of the Services, these Terms apply to all access to and use of the Services, including any free plans, trial subscriptions, beta programs, promotional offers, evaluation accounts, and paid Subscription Plans. To the extent a fully executed written agreement between you and PEN Connect expressly conflicts with these Terms, the provisions of that written agreement shall control solely with respect to the subject matter of the conflict.
For purposes of these Terms, the following capitalized terms have the meanings set forth below:
"Account" means the registered account, profile, workspace, or other credentials through which a User accesses and uses the Services.
"Affiliate" means, with respect to any person or entity, any other person or entity that directly or indirectly controls, is controlled by, or is under common control with such person or entity. For purposes of this definition, "control" means the direct or indirect ownership of more than fifty percent (50%) of the voting interests or the power to direct the management or policies of an entity, whether by ownership, contract, or otherwise.
"AI Vendor" means any third-party artificial intelligence, machine learning, large language model, image generation, video generation, speech generation, voice synthesis, transcription, translation, analytics, or similar technology provider engaged by PEN Connect to process User Content or generate, enhance, analyze, or otherwise assist in producing Output as part of the Services. AI Vendors form part of PEN Connect's authorized subprocessors and are identified in the then-current Subprocessor List maintained pursuant to Section 5.
"Beta Features" means any pre-release, preview, beta, experimental, early-access, evaluation, or trial feature, functionality, product, service, API, model, integration, or other offering made available by PEN Connect before its general commercial availability.
"Biometric Information" means any biometric identifier, biometric information, facial geometry, faceprint, voiceprint, fingerprint, retina scan, iris scan, hand geometry, or other biological, physiological, or behavioral characteristic, or data derived therefrom, that identifies or can reasonably be used to identify a natural person, as defined under applicable law, including the Illinois Biometric Information Privacy Act, the Texas Capture or Use of Biometric Identifier Act, Washington's biometric privacy law (RCW 19.375), and any comparable federal, state, local, or foreign law.
"Biometric Source Material" means any photograph, image, video, audio recording, voice sample, or other User Content containing or depicting a person's face, likeness, voice, biometric identifier, or Biometric Information that is submitted to the Services.
"Confidential Information" has the meaning assigned in Section 13.
"Credits" means the usage units, consumption allowances, or other usage-based entitlements allocated under a Subscription Plan or separately purchased by a User, which are consumed when accessing designated features, AI models, functionality, or generating Output through the Services.
"Dispute" means any dispute, controversy, claim, or cause of action arising out of or relating to these Terms, the Services, the Privacy Policy, any Supplemental Terms, or the relationship between the parties, including any dispute concerning the interpretation, formation, enforceability, validity, breach, termination, or scope of these Terms.
"Output" means any text, article, advertisement, marketing copy, image, illustration, graphic, design, photograph, audio, music, voice, video, animation, software code, metadata, Synthetic Media, or any other content, material, or information generated, created, modified, enhanced, translated, summarized, or otherwise produced through the Services in response to User Content or User instructions, whether generated by PEN Connect, one or more AI Vendors, or a combination thereof.
"Personal Data" means any information relating to an identified or identifiable natural person, or any information that constitutes "personal information," "personal data," or any substantially similar term under applicable data protection or privacy laws.
"Plan" or "Subscription Plan" means the free or paid subscription tier selected by a User that determines the features, functionality, service levels, Credits, usage limits, pricing, and other benefits available to that User, as described on PEN Connect's then-current pricing page.
"Privacy Policy" means PEN Connect's Privacy Policy, as amended from time to time, which describes PEN Connect's collection, use, disclosure, retention, and processing of Personal Data.
"Public Figure" means any natural person who is widely known or reasonably recognizable by the general public, including elected or appointed government officials, candidates for public office, heads of state, political figures, celebrities, entertainers, athletes, influencers, journalists, authors, business executives, or other individuals whose identity is publicly recognizable.
"Security Incident" means a confirmed unauthorized access to, acquisition of, disclosure of, alteration of, or destruction of User Content or Personal Data processed by PEN Connect that compromises the security, confidentiality, or integrity of such information. A Security Incident does not include unsuccessful attempts or activities that do not result in unauthorized access to User Content or Personal Data, including unsuccessful login attempts, port scans, network probes, denial-of-service attacks that do not result in unauthorized access, malware blocked by security controls, or other attacks that do not compromise the confidentiality, integrity, or availability of User Content or Personal Data.
"Services" means the artificial intelligence-powered ProfileVoice platform and all related products, software, websites, mobile or desktop applications, dashboards, APIs, SDKs, integrations, tools, models, infrastructure, hosted services, documentation, content libraries, and other products, functionality, or services made available by PEN Connect, whether directly or through authorized third-party providers.
"Subscription Plan" has the meaning assigned to "Plan."
"Supplemental Terms" means any additional terms, conditions, policies, guidelines, notices, or requirements applicable to a specific feature, product, service, API, Beta Feature, integration, promotion, or other offering made available through the Services, which are incorporated into these Terms by reference.
"Synthetic Media" means any image, video, audio recording, voice, text, animation, avatar, digital likeness, or other media that is wholly or partially generated, synthesized, modified, manipulated, enhanced, or augmented through artificial intelligence or other automated technologies in a manner that could reasonably be perceived as depicting, representing, or reproducing a real or fictional person, place, object, event, speech, performance, or other content that did not actually occur or exist in the manner presented.
"User" means any individual or legal entity that accesses or uses the Services, whether through a free or paid Subscription Plan, including any employee, contractor, representative, or authorized user acting on behalf of an organization.
"User Content" means any prompt, instruction, query, request, text, document, image, photograph, logo, trademark, brand asset, design, audio recording, video, voice sample, dataset, file, metadata, Biometric Source Material, Personal Data, or any other content, information, or material submitted, uploaded, transmitted, imported, synchronized, or otherwise made available by or on behalf of a User through the Services, whether directly or through an integration with a third-party service.
To create an Account and use the Services independently, you must be at least eighteen (18) years of age or the age of legal majority in your jurisdiction of residence, whichever is greater, and possess the legal capacity to enter into a binding contract. The Services are not directed to, and may not be accessed or used by, children under the age of thirteen (13). Consistent with the Children's Online Privacy Protection Act ("COPPA") and other applicable laws, PEN Connect does not knowingly collect Personal Data from children under thirteen (13), as further described in the Privacy Policy.
If you are at least thirteen (13) years of age but have not reached the age of legal majority in your jurisdiction, you may access and use the Services only with the express consent and ongoing supervision of your parent or legal guardian. By permitting your use of the Services, your parent or legal guardian represents and warrants that they have reviewed and accepted these Terms on your behalf, consent to your use of the Services, and agree to be responsible for your compliance with these Terms and for all activities conducted through your Account. This requirement is in addition to, and does not limit, any restrictions imposed under COPPA or other applicable laws governing the collection and processing of children's Personal Data.
When registering for an Account, you agree to provide accurate, complete, current, and truthful information and to promptly update such information as necessary to keep it accurate and current. You are solely responsible for safeguarding the confidentiality and security of your Account credentials and for all activities occurring under your Account, whether or not authorized by you. You shall promptly notify PEN Connect upon becoming aware of any actual or suspected unauthorized access to, use of, or compromise of your Account or Account credentials. Unless caused by PEN Connect's gross negligence or willful misconduct, PEN Connect shall not be liable for any loss or damage arising from your failure to maintain the security of your Account.
You may not create, maintain, or control multiple Accounts, or otherwise use aliases, automated means, or other methods, for the purpose of circumventing Subscription Plan restrictions, Credit allocations, usage limits, promotional offers, security measures, or any other limitations applicable to the Services. PEN Connect reserves the right, in its sole discretion, to investigate such activity and to suspend, merge, restrict, or terminate any Accounts that it reasonably believes have been created or used in violation of this Section, without limiting any other rights or remedies available under these Terms or applicable law.
PEN Connect reserves the right to refuse registration, reject an Account application, require additional verification, suspend, restrict, or terminate any Account if it reasonably believes that: (a) any information provided is false, inaccurate, misleading, incomplete, or fraudulent; (b) the Account is being used in violation of these Terms, applicable law, or the rights of any third party; (c) the Account poses a security, fraud, compliance, or operational risk; or (d) such action is otherwise necessary to protect the Services, PEN Connect, its users, or third parties.
If you access or use the Services on behalf of a corporation, partnership, limited liability company, governmental entity, nonprofit organization, or other legal entity, you represent and warrant that: (i) you have full legal authority to bind that entity to these Terms; (ii) the entity has validly accepted these Terms; (iii) the entity is duly organized, validly existing, and, where applicable, in good standing under the laws of its jurisdiction of formation; and (iv) all references to "you" in these Terms include both you individually and the entity on whose behalf you are acting, as applicable.
The Services are an artificial intelligence-powered marketing and creative content platform that enables Users to submit prompts, instructions, brand assets, product information, images, photographs, videos, audio, documents, and other User Content to generate a wide range of marketing, branding, creative, and promotional materials ("Output"). Depending on the features available under the applicable Subscription Plan, the Services may generate, without limitation: written content (including articles, blog posts, social media content, product descriptions, email campaigns, and search engine optimized content); advertising and promotional copy; brand strategy, messaging, positioning, brand guidelines, brand kits, and defined brand voices; product, lifestyle, and commercial imagery; graphics, illustrations, designs, and other visual assets; advertisement videos, promotional videos, avatar-based videos, user-generated content-style videos, animations, video scripts, voiceovers, audio content, and other multimedia assets; and any other content or materials made available through the Services from time to time.
To provide the Services, PEN Connect may automatically determine and route User requests to one or more proprietary artificial intelligence systems or third-party AI Vendors that PEN Connect reasonably determines are best suited to generate the requested Output. A single User request may be processed by multiple AI systems or AI Vendors and may result in the coordinated generation of multiple categories of Output, including integrated marketing campaigns or related creative assets. PEN Connect may also adapt, optimize, or format generated Output for publication or use on particular third-party platforms, channels, advertising networks, or services, subject to these Terms, including Section 9.7. The categories of AI Vendors and authorized subprocessors engaged by PEN Connect are identified in the subprocessor list referenced in Section 5, which may be updated from time to time.
The Services may include dashboards, workspaces, asset libraries, project management tools, collaboration features, generation histories, storage functionality, analytics, publishing tools, and other account management capabilities that enable Users to create, organize, manage, review, store, retrieve, and distribute User Content and Output. Such functionality may vary by Subscription Plan, geographic location, device, or other eligibility requirements.
PEN Connect provides technology and content-generation tools only and does not create, edit, review, verify, approve, endorse, publish, adopt, or assume responsibility for any User Content or Output. Except to the extent expressly stated in these Terms, PEN Connect does not act as the author, publisher, editor, producer, advertiser, marketing agency, creative agency, spokesperson, or representative of any User or any Output generated through the Services.
The availability of features, AI models, integrations, AI Vendors, third-party services, functionality, languages, and supported jurisdictions may vary by Subscription Plan, geographic region, regulatory requirements, technical limitations, or other factors. Certain features may not be available in all countries or jurisdictions, and PEN Connect reserves the right to restrict or discontinue access to any portion of the Services where required by applicable law or for business, operational, security, or technical reasons.
PEN Connect may, in its sole discretion and without liability, add, modify, enhance, replace, suspend, discontinue, or remove any feature, functionality, AI model, AI Vendor integration, third-party integration, or component of the Services at any time. Unless otherwise expressly provided in these Terms, PEN Connect does not guarantee the continued availability of any particular feature, AI model, integration, or AI Vendor.
The Services are intended to assist Users in creating marketing and creative content. PEN Connect does not represent or warrant that use of the Services or any Output will achieve any particular commercial, marketing, advertising, search engine optimization, branding, social media, engagement, conversion, revenue, or business objective, or produce any specific performance metric, return on investment, or other desired outcome.
From time to time, PEN Connect may make available pre-release, beta, preview, experimental, early access, or evaluation features, functionality, products, services, APIs, models, or tools (collectively, "Beta Features"). Participation in or use of any Beta Feature is voluntary. Unless expressly stated otherwise in writing by PEN Connect, Beta Features are provided solely for evaluation purposes and are made available "AS IS" and "AS AVAILABLE," with all faults and without any representations, warranties, service level commitments, maintenance obligations, or support obligations of any kind.
PEN Connect may modify, suspend, discontinue, replace, or withdraw any Beta Feature, in whole or in part, at any time, with or without notice, and without liability to you. Beta Features may be incomplete, contain errors, experience interruptions, produce inaccurate or unexpected results, or otherwise fail to operate as intended. Your use of Beta Features is entirely at your own risk.
Without limiting the foregoing, Beta Features may result in the loss, corruption, modification, delayed processing, unauthorized disclosure, or permanent deletion of User Content, Output, Account settings, or other data. You are solely responsible for maintaining independent backups of any information you submit to or generate through Beta Features and should not use Beta Features with any mission-critical, production, confidential, regulated, or irreplaceable data or content. PEN Connect shall have no liability for any loss, corruption, modification, deletion, or inability to recover User Content, Output, or other data arising from or relating to your access to or use of any Beta Feature.
Certain features, functionality, products, services, Beta Features, APIs, integrations, or other offerings made available through the Services may be subject to additional terms, conditions, policies, guidelines, or requirements (collectively, "Supplemental Terms") that are presented to you at or before the time you access or use the applicable feature. By accessing or using any feature governed by Supplemental Terms, you agree to be bound by those Supplemental Terms, which are hereby incorporated into these Terms by reference.
To the extent of any inconsistency or conflict between these Terms and any applicable Supplemental Terms, the Supplemental Terms shall prevail solely with respect to the specific feature, functionality, product, service, Beta Feature, API, or offering to which they apply. In all other respects, these Terms shall remain in full force and effect.
PEN Connect utilizes third-party service providers, including AI Vendors, cloud hosting providers, infrastructure providers, payment processors, and other authorized subprocessors, to provide, operate, maintain, secure, and improve the Services. A current list of PEN Connect's authorized subprocessors, including, where applicable, the categories of Personal Data and User Content processed and the services performed by each subprocessor, is available at available upon request by emailing support@profilevoice.com. That subprocessor list, as updated from time to time in accordance with these Terms and applicable law, is hereby incorporated into and forms part of these Terms by reference.
PEN Connect will maintain and make available a current list of its subprocessors in accordance with applicable law and will provide existing customers with at least thirty (30) days' prior notice of the appointment of any new subprocessor that will process User Content or Biometric Information on their behalf. Such notice may be provided by email, through the Services, or by other reasonable means.
If you reasonably and in good faith object to the engagement of a new subprocessor on legitimate data protection or information security grounds, you must notify PEN Connect in writing before the effective date of the appointment, specifying the basis for your objection. The parties will work together in good faith to determine whether a commercially reasonable solution can be implemented. If PEN Connect is unable to reasonably address your objection, you may terminate the affected Services by providing written notice before the new subprocessor becomes effective, and PEN Connect will refund any prepaid subscription fees attributable to the unused portion of the terminated Services on a prorated basis. This Section does not limit PEN Connect's right to engage or replace subprocessors where required to comply with applicable law, respond to emergencies, or maintain the availability, security, or functionality of the Services.
To the extent PEN Connect processes Personal Data on behalf of a business, enterprise, or other organizational User in a manner that causes PEN Connect to act as a "processor," "service provider," or similar role under applicable data protection or privacy laws, the parties shall be subject to PEN Connect's then-current Data Processing Addendum ("DPA"), available at available upon request by emailing support@profilevoice.com, which is hereby incorporated into these Terms by reference. To the extent of any conflict between these Terms and the DPA with respect to the processing of Personal Data, the DPA shall govern solely with respect to such processing.
PEN Connect may offer one or more Subscription Plans, including a free plan and various paid plans, each of which may provide different features, functionality, Credit allocations, usage limits, service levels, and other benefits. The features and limitations applicable to each Subscription Plan are described on PEN Connect's pricing page, as updated from time to time. PEN Connect reserves the right, in its sole discretion and subject to applicable law, to introduce, modify, replace, suspend, or discontinue any Subscription Plan, feature, functionality, Credit allocation, usage limit, or related benefit at any time. Any changes affecting existing paid subscribers will be implemented in accordance with these Terms, including any applicable notice requirements.
Certain features and functionality of the Services require the use of Credits allocated under your applicable Subscription Plan or otherwise purchased from PEN Connect. Credits may be consumed based on your use of specific features, AI models, or other Services, as described on the applicable pricing page or within the Services. Unless expressly stated otherwise, Credits allocated as part of a recurring Subscription Plan are valid only for the applicable billing cycle, do not accumulate or roll over into subsequent billing periods, and automatically expire at the end of the billing cycle in which they were issued. Except as expressly provided by PEN Connect, expired Credits have no cash value, are non-refundable, and may not be redeemed, transferred, or reinstated.
PEN Connect reserves the right to modify the number of Credits required for particular features, functionality, or Services from time to time. Any increase in the Credit consumption applicable to recurring Subscription Plans, or any material reduction in included Credit allocations, will apply only to future billing cycles following at least thirty (30) days' prior notice in accordance with Section 6.6. Any one-time Credits or Credit top-ups purchased before the effective date of such changes will remain subject to the Credit usage rates and terms in effect at the time of purchase and will not be modified or reduced retroactively, unless required by applicable law or expressly agreed by you.
Unless otherwise specified at the time of purchase, all paid Subscription Plans are billed in advance on a recurring basis and will automatically renew for successive subscription terms of the same duration at PEN Connect's then-current applicable rates, unless you cancel your Subscription Plan before the applicable renewal date. By purchasing or subscribing to a paid Subscription Plan, you expressly acknowledge and agree to the automatic renewal of your subscription, affirmatively consent to recurring charges, and authorize PEN Connect, its payment processors, and their respective agents to automatically charge the payment method associated with your Account for all recurring subscription fees, applicable Taxes, and other authorized charges at the beginning of each renewal term, without requiring any further notice or authorization from you, until your Subscription Plan is cancelled in accordance with these Terms.
Before collecting your payment information or completing your subscription, PEN Connect will provide clear and conspicuous disclosure of all material automatic renewal terms, including the subscription price, billing frequency, renewal term, automatic renewal feature, cancellation rights, and the method by which you may cancel your Subscription Plan. PEN Connect will also provide any renewal reminders, renewal notices, confirmations, acknowledgements, or other disclosures required under applicable law, including, where applicable, reminders for long-term subscriptions and notices of material changes to recurring charges or renewal terms. Where PEN Connect offers a free trial, promotional subscription, introductory pricing, or similar offer that automatically converts into a paid Subscription Plan, PEN Connect will clearly disclose the duration of the promotional period, the date on which recurring charges will begin, the amount and frequency of such charges, and the applicable cancellation procedure before you enroll in the offer.
PEN Connect intends to administer its automatic renewal practices in compliance with all applicable federal, state, local, and foreign laws governing recurring billing, automatic renewal, and negative option marketing, including, where applicable, the Restore Online Shoppers' Confidence Act (15 U.S.C. §§ 8401–8405), Section 5 of the Federal Trade Commission Act, the California Automatic Renewal Law (Cal. Bus. & Prof. Code §§ 17600 et seq.), as amended from time to time, and any successor or substantially similar legislation. Nothing in this Section shall be construed as limiting any additional rights or protections afforded to consumers under applicable law.
Unless expressly stated otherwise, all fees, charges, and other amounts payable under these Terms are exclusive of any applicable sales, use, value-added, goods and services, withholding, or other taxes, duties, levies, or governmental assessments of any kind (collectively, "Taxes"). You are solely responsible for the payment of all applicable Taxes associated with your purchase or use of the Services, except for taxes imposed on PEN Connect's net income, property, or employees. If you claim an exemption from any applicable Taxes, you must provide PEN Connect with a valid tax exemption certificate or other documentation reasonably acceptable to PEN Connect before such Taxes become due.
Except as expressly provided in these Terms or as required by applicable law, all fees and payments are final and non-refundable. No refunds, credits, or prorated adjustments will be provided for partial billing periods, unused or expired Credits, unused Subscription Plan benefits, downgrades, cancellations, suspension, or termination of the Services or your Account during a billing period.
You may cancel your Subscription Plan at any time through your Account settings or by contacting PEN Connect's customer support using a cancellation method that is no more burdensome than the method used to subscribe. Unless otherwise expressly stated, cancellation will become effective at the end of your then-current billing period, and you will continue to have access to the features and benefits of your Subscription Plan until the expiration of that billing period. Except as expressly provided in these Terms, no refunds or credits will be issued for any unused portion of a billing period.
If you upgrade your Subscription Plan, the upgrade will take effect immediately, and any applicable additional charges, including prorated fees, will be reflected in your next invoice or charged immediately, as disclosed at the time of the upgrade. If you downgrade your Subscription Plan, the downgrade will become effective at the beginning of your next billing cycle, and your access to features associated with the higher-tier Subscription Plan will continue until the end of your current billing period.
If PEN Connect is unable to successfully process any payment when due, PEN Connect may notify you using the contact information associated with your Account and provide at least seven (7) days' prior notice before suspending your access to paid features, unless a shorter period is required to prevent fraud, unauthorized use, or other security risks. If the outstanding payment is not successfully received by the expiration of the notice period, PEN Connect may suspend or restrict access to paid features, treat the continued non-payment as a cancellation of your Subscription Plan, downgrade your Account to an available free plan (if any), terminate your Subscription Plan or Account in accordance with these Terms, and pursue any other rights or remedies available under applicable law or these Terms.
PEN Connect reserves the right to modify its Subscription Plans, including pricing, Credit allocations, usage limits, features, functionality, and other plan benefits, at any time in its sole discretion. For subscribers with an active paid Subscription Plan, PEN Connect will provide at least thirty (30) days' prior notice of any increase in recurring subscription fees or any material reduction in included features, functionality, or Credit allocations. Such notice may be provided by email to the address associated with the Account, through the Services, or by other reasonable means. Unless otherwise specified in the notice, the changes will become effective at the commencement of the subscriber's next renewal term. If you do not agree to the modified Subscription Plan, your sole and exclusive remedy is to cancel your subscription before the renewal date, in which case the changes will not apply to the then-current subscription term.
As between you and PEN Connect, and subject to these Terms, you retain all right, title, and interest that you own in and to your User Content, including any copyrights, trademarks, service marks, trade names, logos, brand assets, designs, and other intellectual property embodied therein. Nothing in these Terms transfers ownership of your User Content to PEN Connect.
You acknowledge and agree that you are solely responsible for your User Content and represent and warrant that you own, or have obtained and will maintain, all rights, licenses, permissions, consents, and other legal authority necessary to upload, submit, use, and authorize PEN Connect and its AI Vendors to process your User Content in accordance with these Terms. You further represent and warrant that your User Content, and your use of the Services in connection with such User Content, does not and will not infringe, misappropriate, or otherwise violate the intellectual property rights, privacy rights, publicity rights, contractual rights, or any other rights of any third party, or violate any applicable law.
By submitting, uploading, transmitting, or otherwise making User Content available through the Services, you grant PEN Connect and its Affiliates, service providers, subprocessors, and AI Vendors identified in Sections 5 and 11 a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to host, store, reproduce, copy, modify (solely as necessary for technical processing), transmit, display, distribute, process, and otherwise use your User Content solely to the extent reasonably necessary to provide, operate, maintain, secure, support, troubleshoot, improve, and enhance the Services, fulfill your requests, comply with applicable law, and exercise PEN Connect's rights and perform its obligations under these Terms.
Except as otherwise provided in these Terms or our Privacy Policy, the foregoing license terminates with respect to specific User Content when that User Content is permanently deleted from the Services. Notwithstanding the foregoing, PEN Connect may retain and continue to process User Content to the extent reasonably necessary to: (a) comply with applicable law, regulation, legal process, or governmental request; (b) maintain routine backup, disaster recovery, archival, or business continuity systems; (c) detect, investigate, prevent, or address fraud, security incidents, abuse, or technical issues; (d) enforce these Terms or protect the rights, property, or safety of PEN Connect, its users, or third parties; or (e) satisfy any other lawful purpose described in the Privacy Policy. Any retained User Content shall remain subject to the confidentiality and security obligations described in these Terms and the Privacy Policy.
Where the Services permit the use of User Content for product improvement, analytics, or the training or refinement of artificial intelligence models, you may opt out of such processing at any time through the applicable in-product settings or other mechanisms described in the Privacy Policy. Your opt-out will apply prospectively and will not affect processing that occurred before your opt-out became effective or processing otherwise permitted or required under these Terms or applicable law.
If you upload, submit, transmit, or otherwise make available any photograph, image, video, audio recording, or other content depicting or containing a human face, likeness, voice, biometric identifier, biometric information, or other personally identifying characteristic (collectively, "Biometric Source Material"), you represent, warrant, and covenant on an ongoing basis that:
(a) you own the Biometric Source Material or otherwise possess all rights, licenses, permissions, and lawful authority necessary to upload, process, use, reproduce, transmit, and authorize PEN Connect, its Affiliates, service providers, and AI Vendors identified in Section 11 to process such Biometric Source Material for the purposes contemplated by these Terms;
(b) where the Biometric Source Material depicts, contains, or is capable of identifying any individual other than yourself, you have obtained that individual's prior, informed, valid, and legally sufficient consent (or, where required by applicable law, the consent of the individual's parent, legal guardian, or other authorized representative) for the collection, use, storage, disclosure, transmission, processing, and generation of Output derived from such Biometric Source Material by PEN Connect and its AI Vendors, in compliance with all applicable laws, including, without limitation, the Illinois Biometric Information Privacy Act (740 ILCS 14), the Texas Capture or Use of Biometric Identifier Act (Tex. Bus. & Com. Code Chapter 503), Washington's biometric privacy law (RCW 19.375), and any other applicable federal, state, local, or foreign privacy, biometric, publicity, or data protection law;
(c) the upload, processing, use, and generation of Output from the Biometric Source Material does not and will not infringe, misappropriate, or otherwise violate any person's intellectual property rights, rights of publicity, privacy rights, contractual rights, or any other legal rights;
(d) all information and consents provided in connection with the Biometric Source Material are accurate, complete, current, and remain valid for so long as the Biometric Source Material is processed through the Services; and
(e) you will promptly notify PEN Connect if any consent is withdrawn, expires, is challenged, or otherwise becomes invalid, and you will immediately cease submitting or using the affected Biometric Source Material through the Services.
You shall maintain complete and accurate records demonstrating compliance with this Section, including evidence of all required consents and authorizations, for at least three (3) years after your last use of the applicable Biometric Source Material, or for any longer period required by applicable law. Upon PEN Connect's reasonable written request, you shall provide sufficient documentation demonstrating such compliance within ten (10) business days, unless a shorter period is required by applicable law or regulatory authority. Such documentation shall, at a minimum, identify: (i) the individual who provided the consent (if different from the individual depicted); (ii) the individual(s) whose biometric information is contained in the Biometric Source Material; (iii) the date and method by which consent was obtained; (iv) the scope and purpose of the consent, including the processing activities contemplated by these Terms; and (v) any applicable process for withdrawal or revocation of consent.
You acknowledge and agree that you are solely responsible for obtaining, documenting, maintaining, and, where applicable, renewing all rights, permissions, notices, and consents required under applicable law for the submission and processing of Biometric Source Material. PEN Connect has no obligation to independently verify the existence, validity, or sufficiency of any such rights or consents before processing Biometric Source Material, although PEN Connect reserves the right, at any time and in its sole discretion, to request evidence of compliance, suspend or refuse processing of any Biometric Source Material, remove related content, or suspend or terminate your Account if PEN Connect reasonably believes that this Section or applicable law has been violated.
You shall not submit, upload, input, prompt for, request, generate, or otherwise use the Services to create or facilitate the creation of any User Content or Output that:
(a) depicts, exploits, sexualizes, abuses, or endangers a minor in any manner, including any material that constitutes child sexual abuse material ("CSAM") under 18 U.S.C. §2256 or any comparable applicable law;
(b) infringes, misappropriates, or otherwise violates any copyright, trademark, patent, trade secret, right of publicity, right of privacy, or any other intellectual property, proprietary, or legal right of any person or entity;
(c) depicts, impersonates, or is intended to depict or imitate a real, identifiable individual (including a Public Figure) without the consent required under Section 7.3, including deepfakes, synthetic non-consensual intimate imagery, impersonation content, or any content that is false, misleading, or intended to cause a reasonable person to believe that an identifiable individual said, did, endorsed, or participated in something that did not occur;
(d) is unlawful, defamatory, libelous, fraudulent, deceptive, threatening, harassing, abusive, hateful, discriminatory, obscene, or otherwise violates applicable law or the rights of any person or entity;
(e) constitutes or facilitates election misinformation, voter suppression, political deception, or deceptive synthetic media relating to a candidate for public office, an elected official, a political party, a ballot measure, or an electoral process, in violation of applicable law;
(f) creates, promotes, or facilitates the creation, distribution, or use of non-consensual intimate imagery or any other form of image-based abuse;
(g) is intended to reverse engineer, extract, reconstruct, discover, reproduce, benchmark, or otherwise obtain the underlying models, algorithms, weights, parameters, training data, system prompts, or other proprietary components of the Services or any AI Vendor;
(h) violates the applicable terms of service, acceptable use policies, or other usage restrictions of any AI Vendor or third-party service provider used in connection with the Services; or
(i) is otherwise prohibited by these Terms or applicable law.
PEN Connect may, but is under no obligation to, monitor, review, screen, or moderate User Content or Output, whether through automated systems, human review, or a combination of both, for the purpose of detecting content that may violate Section 7.4, these Terms, or applicable law. PEN Connect reserves the right, in its sole discretion and without prior notice, to remove, disable access to, restrict, refuse to process, or refuse to generate any User Content or Output that it reasonably believes violates these Terms, applicable law, or the rights of any third party. Where appropriate or required by law, PEN Connect may report suspected unlawful activity or content to law enforcement or other competent authorities.
PEN Connect operates as a provider of an interactive computer service within the meaning of 47 U.S.C. §230. To the extent permitted by applicable law, PEN Connect may be entitled to the protections, defenses, immunities, and limitations of liability available under Section 230 and other applicable laws with respect to content provided by users. The legal treatment of AI-generated content, including the extent to which Section 230 or similar laws may apply to Output generated or assisted by artificial intelligence, continues to evolve through legislation, regulatory guidance, and judicial decisions. Accordingly, PEN Connect makes no representation or warranty regarding the availability or applicability of any particular legal defense, immunity, or limitation of liability in any specific circumstance. Nothing in this Section shall be construed as waiving, limiting, expanding, or otherwise affecting any rights, defenses, immunities, or limitations of liability available to PEN Connect under applicable law.
Upon termination or cancellation of your Account, PEN Connect may retain your User Content and Output for up to thirty (30) days, in accordance with the data retention practices described in our Privacy Policy, to allow you to export your content or reactivate your Account. During this retention period, you are solely responsible for downloading or otherwise exporting any User Content or Output that you wish to preserve. Unless otherwise required by applicable law, after the retention period expires, PEN Connect may permanently delete such User Content and Output and shall have no obligation to retain, recover, restore, or provide access to any deleted content.
The Services are intended solely for general business, marketing, and creative content generation and are not designed, developed, or authorized for use in any high-risk or regulated context. You shall not use, or permit others to use, the Services or any Output for any of the following (each, a "Sensitive Use Case"):
(a) providing or generating medical, dental, clinical, pharmaceutical, mental health, or other healthcare advice, diagnoses, treatment recommendations, or information intended to be relied upon by patients, consumers, or healthcare professionals;
(b) providing or generating legal advice, legal opinions, legal documents intended to substitute for legal counsel, or recommendations regarding legal rights or obligations;
(c) providing or generating financial, investment, tax, accounting, insurance, credit, or other regulated professional advice or recommendations;
(d) making or materially assisting with employment, hiring, promotion, termination, compensation, education, housing, lending, insurance, immigration, law enforcement, or any other decision that produces legal or similarly significant effects concerning an individual;
(e) generating, targeting, or distributing content directed primarily at individuals under eighteen (18) years of age, except as expressly permitted under Section 3 and applicable law;
(f) performing biometric identification, biometric verification, remote biometric identification, facial recognition, voice recognition, or any other processing of biometric information for identity verification or authentication purposes; or
(g) any use that would cause the Services or Output to constitute, or be subject to, a "high-risk," "prohibited," or similarly regulated artificial intelligence system under any applicable law or regulation.
You represent and warrant that you will not use the Services or any Output for a Sensitive Use Case. To the fullest extent permitted by applicable law, PEN Connect disclaims all responsibility and liability arising from or relating to any use of the Services or Output in connection with a Sensitive Use Case. You agree to promptly notify PEN Connect if you become aware of any actual or suspected use of the Services for a Sensitive Use Case. PEN Connect reserves the right to immediately suspend or terminate the affected Account or restrict access to the Services if it reasonably believes that the Services are being used, or are likely to be used, for a Sensitive Use Case.
Subject to your compliance with these Terms, payment of all applicable fees, and the rights of third parties, PEN Connect assigns to you all right, title, and interest, if any, that PEN Connect is legally entitled to assign in the Output, as determined by the terms of PEN Connect's agreements with the applicable AI Vendor in effect at the time the Output is generated. This assignment does not include, and expressly excludes, any ownership interest in the Services or in the underlying software, models, algorithms, weights, parameters, architectures, system prompts, training data, methodologies, or other intellectual property of PEN Connect, its licensors, or any AI Vendor.
The rights granted under this Section are limited to the rights that PEN Connect is legally authorized to transfer under its agreements with the applicable AI Vendor and applicable law. Nothing in these Terms shall be construed as granting you any greater rights than those held by PEN Connect. Where Output is generated using a third-party AI Vendor, your rights in such Output may also be subject to the applicable terms, licenses, or restrictions governing that AI Vendor's technology.
To the extent that applicable law does not recognize ownership of AI-generated Output due to the absence of sufficient human authorship or for any other reason, the foregoing assignment shall instead operate as an exclusive, perpetual, worldwide, transferable, sublicensable, royalty-free license permitting you to use, reproduce, modify, display, perform, publish, distribute, and otherwise exploit the Output for any lawful purpose, subject to these Terms.
You acknowledge that, under current U.S. copyright law, content generated solely by artificial intelligence without sufficient human authorship may not qualify for copyright protection. The U.S. Copyright Office has stated that copyright protection generally requires meaningful human authorship, and the legal treatment of AI-generated content continues to evolve through legislation, regulatory guidance, and judicial decisions. Accordingly, PEN Connect makes no representation or warranty that any Output is eligible for copyright protection, copyright registration, or any other form of intellectual property protection, or that you will be able to prevent third parties from independently creating, using, or distributing substantially similar or identical content.
Notwithstanding Section 9.1, PEN Connect, its licensors, and its AI Vendors retain all right, title, and interest in and to the Services, including all underlying software, models, algorithms, weights, parameters, architectures, system prompts, training data, methodologies, know-how, and related intellectual property. Except for the limited rights expressly granted under Section 9.1, no ownership or other intellectual property rights in the Services or their underlying technology are transferred to you. PEN Connect also reserves all rights in any Output that is substantially similar or identical to Output generated for other users in response to similar or identical prompts, and does not grant any exclusive rights in such Output except as expressly provided in Section 9.1.
You shall not, and shall not permit, authorize, or assist any third party to:
(a) use any Output to develop, train, fine-tune, benchmark, or otherwise improve any artificial intelligence model, machine learning model, or similar automated system, except as expressly authorized by PEN Connect in writing;
(b) remove, modify, obscure, disable, or circumvent any watermark, provenance metadata, digital signature, Content Credential, AI-generated content disclosure, or other authenticity or attribution information embedded in or associated with the Output, as described in Section 10; or
(c) claim, assert, register, or enforce any exclusive ownership or proprietary rights in the Output against PEN Connect, its licensors, its AI Vendors, or any other user of the Services, except to the extent expressly permitted under Section 9.1.
Because Output is generated using artificial intelligence, including AI Vendors that may produce similar or identical results for different users in response to similar or identical prompts, PEN Connect does not represent or warrant that any Output will be unique, original, exclusive, or free from third-party intellectual property or other legal claims. You acknowledge that substantially similar Output may be generated for other users.
You are solely responsible for obtaining any licenses, permissions, consents, model releases, publicity releases, trademark clearances, and other rights necessary for your intended use of the Output, and for conducting any legal, intellectual property, trademark, copyright, or other clearance review you consider appropriate before publishing, distributing, licensing, or otherwise commercially exploiting the Output.
Output generated through the Services may contain factual inaccuracies, omissions, outdated information, biases, or other errors, and may produce results that are incomplete, misleading, or otherwise inappropriate for your intended purpose. You are solely responsible for independently reviewing, verifying, fact-checking, and, where appropriate, editing all Output before relying on, publishing, distributing, or otherwise using it. Output is provided for informational and creative purposes only and does not constitute legal, medical, financial, tax, accounting, investment, or other professional advice. You should obtain advice from a qualified professional before making any decision or taking any action based on Output.
If you use Output in advertising, marketing, promotional, or commercial materials, you are solely responsible for ensuring that such use complies with all applicable laws, regulations, industry standards, and platform requirements. This includes, without limitation, compliance with applicable truth-in-advertising laws, claim substantiation requirements, consumer protection laws, and the Federal Trade Commission's Guides Concerning the Use of Endorsements and Testimonials in Advertising, 16 C.F.R. Part 255, as well as any comparable federal, state, or local requirements. PEN Connect does not review, verify, approve, or warrant that any Output complies with applicable legal or regulatory requirements before it is made available to you.
If you use the Services to publish, distribute, or otherwise make Output available through a third-party platform or service, your use of that platform or service is governed solely by its applicable terms of service, policies, and guidelines. You are solely responsible for ensuring that your Output complies with all applicable platform requirements, including content standards, community guidelines, advertising policies, and AI-content disclosure or labeling requirements. PEN Connect has no control over, and assumes no responsibility or liability for, any decision, action, restriction, removal, suspension, demonetization, or other enforcement measure taken by a third-party platform in connection with your use of the platform or any Output you publish through it.
If you publish, distribute, or otherwise make Output available to the public or to any third party, you are solely responsible for complying with all applicable laws, regulations, and platform requirements relating to AI-generated or synthetic content. This includes, without limitation, providing any required disclosures or notices that the Output was generated or assisted by artificial intelligence, complying with applicable federal, state, and local laws governing synthetic media, bot disclosures, endorsements, testimonials, or deceptive practices, and adhering to the AI-content policies, labeling requirements, and disclosure rules of any third-party platform on which the Output is published or distributed.
Where technically feasible, PEN Connect may embed machine-readable provenance metadata, digital watermarks, or similar content authenticity information (including, where applicable, C2PA Content Credentials) into Output. Except as expressly authorized by PEN Connect in writing or required by applicable law, you may not remove, alter, obscure, disable, or circumvent any such metadata, watermark, or authenticity information.
The Services utilize third-party artificial intelligence providers ("AI Vendors"), as identified pursuant to Section 5, to generate certain categories of Output, including, without limitation, written content and copy, branding and creative strategy, product and lifestyle imagery, and avatar-based or user-generated-content-style videos. PEN Connect may add, replace, remove, or modify AI Vendors from time to time in accordance with these Terms. To the extent disclosed or required, your use of certain features of the Services may also be subject to the applicable terms, policies, or usage restrictions of the relevant AI Vendors.
PEN Connect engages AI Vendors solely as service providers in connection with the Services and does not control or operate their underlying models, infrastructure, or technology. Accordingly, PEN Connect does not represent or warrant the availability, performance, accuracy, legality, security, or reliability of any AI Vendor's services or Output generated through those services. To the maximum extent permitted by applicable law, PEN Connect shall not be responsible or liable for any interruption, delay, error, data loss, security incident, or other act or omission attributable to an AI Vendor, except to the extent directly resulting from PEN Connect's own breach of these Terms or applicable law.
Each AI Vendor is an intended third-party beneficiary of Sections 19 (Disclaimer of Warranties) and 20 (Limitation of Liability) solely to the extent those provisions relate to the AI Vendor's services or technology used in connection with the Services.
The Services, including all underlying software, source and object code, algorithms, models, workflows, user interfaces, designs, text, graphics, logos, documentation, and all related technology and intellectual property rights (excluding User Content and Output), are owned by or licensed to PEN Connect and are protected by applicable copyright, trademark, trade secret, patent, and other intellectual property laws. Except for the limited rights expressly granted to you under these Terms, no right, title, or interest in or to the Services is transferred or licensed to you by implication, estoppel, or otherwise, and PEN Connect and its licensors reserve all rights not expressly granted.
"PEN Connect," "ProfileVoice," and all associated names, logos, service marks, trademarks, trade dress, and branding elements are the exclusive property of PEN Connect or its licensors. You may not use, reproduce, display, modify, register, or otherwise exploit any such marks without PEN Connect's prior written consent, except as expressly permitted by these Terms or as authorized under Section 28 (Publicity and Customer References).
Certain components of the Services may incorporate or be distributed with open-source software that is licensed under the terms of the applicable open-source licenses. Your use of such components is governed by the relevant open-source license terms to the extent required by those licenses. Nothing in these Terms is intended to limit, modify, or restrict any rights granted to you under the applicable open-source licenses. Information regarding applicable open-source software and licenses will be made available by PEN Connect upon request.
Confidential Information means any non-public information disclosed by one party ("Disclosing Party") to the other party ("Receiving Party") in connection with these Terms or the Services that is designated as confidential or that a reasonable person would understand to be confidential based on the nature of the information and the circumstances of its disclosure. Confidential Information includes, without limitation, non-public features and functionality of the Services, product roadmaps, technical information, security measures and practices, business plans, customer information, and pricing or commercial terms not publicly available on PEN Connect's pricing page.
The Receiving Party shall use the Disclosing Party's Confidential Information solely as necessary to exercise its rights or perform its obligations under these Terms. The Receiving Party shall protect the Confidential Information using at least the same degree of care it uses to protect its own confidential information of a similar nature, and in no event less than a reasonable standard of care. The Receiving Party shall not disclose Confidential Information to any third party except to its Affiliates, employees, contractors, professional advisors, AI Vendors, or other service providers who have a legitimate need to know the information for purposes of these Terms and who are bound by written confidentiality obligations that are at least as protective as those set forth in this Section. The Receiving Party remains responsible for any breach of this Section by such persons or entities. Neither party shall use the other party's Confidential Information to develop, train, improve, or benchmark any artificial intelligence model, product, or service, nor shall either party rely on any residual or unaided memory of Confidential Information as an exception to its confidentiality obligations.
The obligations set forth in this Section do not apply to information that the Receiving Party can demonstrate: (a) is or becomes publicly available through no breach of these Terms or any other obligation of confidentiality; (b) was lawfully known to the Receiving Party without restriction prior to disclosure by the Disclosing Party; (c) is independently developed by the Receiving Party without use of or reference to the Disclosing Party's Confidential Information; or (d) is lawfully obtained from a third party without breach of any confidentiality obligation. If the Receiving Party is required by law, regulation, court order, or governmental authority to disclose Confidential Information, it shall, to the extent legally permitted, provide the Disclosing Party with prompt written notice and reasonably cooperate, at the Disclosing Party's expense, in seeking a protective order or other appropriate remedy.
The obligations under this Section survive termination or expiration of these Terms for three (3) years, except with respect to trade secrets, which shall remain protected for as long as they continue to qualify as trade secrets under applicable law. Upon the Disclosing Party's written request following termination or expiration of these Terms, the Receiving Party shall promptly return or securely destroy all Confidential Information in its possession or control, except to the extent retention is required by applicable law or the information is contained in routine backup or archival systems, provided that any retained Confidential Information remains subject to the confidentiality obligations set forth in this Section.
If you voluntarily submit, disclose, or otherwise provide to PEN Connect any suggestions, comments, ideas, enhancements, recommendations, feature requests, bug reports, testimonials, evaluations, or other feedback relating to the Services or any current or proposed products, services, technologies, or business operations (collectively, "Feedback"), you acknowledge and agree that such Feedback is provided voluntarily and without any expectation of confidentiality, compensation, attribution, or other consideration.
To the fullest extent permitted by applicable law, you hereby grant, and to the extent necessary assign, to PEN Connect a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, transferable, sublicensable, non-exclusive license to use, reproduce, modify, adapt, translate, create derivative works from, distribute, publish, perform, display, disclose, commercialize, exploit, and otherwise use the Feedback, in whole or in part, for any lawful purpose, including developing, improving, testing, marketing, licensing, supporting, or otherwise operating the Services or any other products, services, or technologies, without any obligation to provide notice, attribution, compensation, accounting, or further consent.
You represent and warrant that you have all rights necessary to provide the Feedback and to grant the rights described in this Section, and that the Feedback does not knowingly infringe or misappropriate the intellectual property or other rights of any third party.
Notwithstanding the foregoing, this Section does not grant PEN Connect any ownership or license rights in your Confidential Information (as defined in Section 13), Personal Data, or any third party's confidential information or personal data that you inadvertently include in Feedback. You agree not to include any Confidential Information, trade secrets, Personal Data, or other information that you are not authorized to disclose when providing Feedback to PEN Connect.
You shall not, and shall not permit, encourage, authorize, or assist any third party to:
Reverse engineer, decompile, disassemble, decode, decrypt, attempt to derive or discover the source code, object code, underlying algorithms, models, neural network weights, parameters, architectures, embeddings, system prompts, training data, datasets, methodologies, know-how, or other proprietary components of the Services or any AI Vendor, except to the limited extent that such restriction is prohibited by applicable law, including the interoperability exception under 17 U.S.C. § 1201(f), and then only after providing any notice required by applicable law.
Access, monitor, scrape, crawl, harvest, index, copy, or otherwise collect data from the Services using any automated means, including bots, spiders, crawlers, scripts, automated agents, or similar technologies, except through APIs or other access methods expressly authorized in writing by PEN Connect.
Circumvent, disable, interfere with, manipulate, evade, or otherwise bypass any Credits system, rate limit, usage quota, technical restriction, security feature, authentication mechanism, subscription limitation, access control, or other protective measure implemented by the Services, including through the creation or use of multiple Accounts in violation of Section 3.
Share, disclose, transfer, assign, lease, lend, sell, or otherwise permit any third party to access or use your Account credentials, authentication tokens, or Account, or permit multiple individuals to access a single-user Account, except to the extent expressly authorized under your applicable Subscription Plan.
Share, disclose, transfer, sublicense, sell, lease, distribute, or otherwise make available any API key, authentication credential, access token, or similar credential issued by PEN Connect, or use such credentials to circumvent usage restrictions, rate limits, subscription limitations, or other technical controls.
Resell, sublicense, white-label, lease, rent, distribute, outsource, provide managed services using, commercially exploit, or otherwise make the Services available to any third party, except as expressly authorized by these Terms or a separate written agreement executed by PEN Connect.
Use, attempt to use, or direct the Services to generate, process, facilitate, promote, or distribute any content prohibited under Section 7.4 (Prohibited Content), or otherwise use the Services in violation of these Terms or any applicable law, regulation, court order, or governmental requirement.
Interfere with, disrupt, impair, overload, damage, or compromise the integrity, availability, confidentiality, performance, or security of the Services or any related network, system, infrastructure, or third-party service, or attempt to gain unauthorized access to any Account, User Content, Output, data, system, or network, including through prompt injection, prompt leaking, jailbreaking, privilege escalation, credential attacks, vulnerability exploitation, denial-of-service attacks, malware, malicious code, or any other method intended to circumvent the intended operation or security of the Services.
Use the Services, Output, or any information obtained from the Services to develop, train, fine-tune, benchmark, validate, evaluate, improve, or otherwise support any artificial intelligence model, machine learning model, large language model, foundation model, or any product or service that competes with or is substantially similar to the Services, except for legitimate academic research, independent security research, or non-commercial evaluation conducted in good faith and not intended to develop or support a competing commercial offering.
Use the Services in connection with the design, development, manufacture, production, storage, acquisition, testing, or use of nuclear, chemical, biological, missile, military, or other weapons systems, or for any end use, end user, or destination prohibited under applicable export control, sanctions, or national security laws.
Represent, imply, or mischaracterize Output as being entirely human-authored, or omit any disclosure that Output was generated or materially assisted by artificial intelligence where such disclosure is required by applicable law, regulation, industry standard, contractual obligation, or third-party platform policy, including as described in Section 10.
Use the Services in any manner that violates the intellectual property rights, privacy rights, publicity rights, contractual rights, confidentiality obligations, or other legal rights of PEN Connect, any AI Vendor, another User, or any third party.
Remove, alter, obscure, disable, or circumvent any copyright notice, trademark, patent notice, watermark, Content Credential, provenance metadata, digital signature, attribution mechanism, or other proprietary notice or authenticity information associated with the Services or any Output, except as expressly permitted by these Terms or applicable law.
Use the Services to transmit, upload, distribute, or introduce any virus, worm, Trojan horse, ransomware, spyware, malicious code, or other harmful software or technology that could damage, disrupt, intercept, or otherwise impair the Services or any third-party system.
Use the Services in any manner that could subject PEN Connect, its Affiliates, AI Vendors, subprocessors, or service providers to regulatory liability, sanctions, governmental enforcement action, or legal obligations that are inconsistent with the intended operation of the Services.
Directly or indirectly solicit for employment, recruit, engage as an independent contractor, or hire any employee or contractor of PEN Connect who was materially involved in providing the Services to you during the preceding twelve (12) months, except through general employment solicitations not specifically directed at such individual, and only to the extent this restriction is enforceable under applicable law.
PEN Connect respects the intellectual property rights of others and responds to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. §512. To be effective, a DMCA takedown notice must include all information required by 17 U.S.C. §512(c)(3), including: (a) the physical or electronic signature of the copyright owner or a person authorized to act on the owner's behalf; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the allegedly infringing material and information reasonably sufficient to permit PEN Connect to locate it; (d) the complainant's name and contact information; (e) a statement that the complainant has a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the information in the notice is accurate and that the complainant is authorized to act on behalf of the copyright owner.
Designated DMCA Agent: [insert designated agent name, mailing address, email, and phone; register the agent with the U.S. Copyright Office's DMCA agent directory as required by 17 U.S.C. §512(c)(2)]
If content is removed or disabled in response to a valid DMCA notice, the affected User may submit a counter-notification that complies with the requirements of 17 U.S.C. §512(g)(3). PEN Connect will promptly forward any compliant counter-notification to the original complainant. Unless the complainant notifies PEN Connect that it has filed an action seeking a court order to restrain the User from engaging in the allegedly infringing activity, as provided in 17 U.S.C. §512(g)(2)(C), PEN Connect may, in its discretion, restore the removed material within ten (10) to fourteen (14) business days after forwarding the counter-notification.
In accordance with 17 U.S.C. §512(i), PEN Connect reserves the right, in its sole discretion, to suspend or terminate the Accounts of Users determined to be repeat copyright infringers. PEN Connect also reserves the right to remove, disable access to, or refuse to host any content that it reasonably believes infringes the intellectual property rights of others or otherwise violates these Terms, whether or not a formal DMCA notice has been received.
PEN Connect implements and maintains commercially reasonable administrative, technical, organizational, and physical safeguards designed to protect User Content, Output, and other customer data from unauthorized or unlawful access, acquisition, use, disclosure, alteration, loss, or destruction. These safeguards are implemented in accordance with applicable law and are further described in PEN Connect's Privacy Policy, any applicable Data Processing Addendum ("DPA"), and other security documentation made available by PEN Connect from time to time.
If PEN Connect becomes aware of a confirmed Security Incident affecting User Content or Output that is required to be disclosed under applicable law or an applicable DPA, PEN Connect will notify affected Users or customers without undue delay and within the timeframes required by applicable law or contractual obligations. Such notification may be provided by email, through the Services, or by any other reasonable means permitted by law and shall include the information required by applicable law to the extent then known.
Notwithstanding the foregoing, you acknowledge and agree that no method of transmitting data over the Internet, no cloud-based service, and no electronic storage or security system can be guaranteed to be completely secure or free from vulnerabilities. Accordingly, PEN Connect does not represent or warrant that the Services, its systems, or any data transmitted to or through the Services will be immune from unauthorized access, cyberattacks, malware, interception, data loss, or other security incidents.
You are solely responsible for implementing and maintaining appropriate backup, archival, disaster recovery, and business continuity procedures for your User Content, Output, and any other data you upload to or generate through the Services. Any retention, recovery, export, or restoration capabilities provided by PEN Connect, including those described in Section 7.6, are offered solely as a convenience and shall not be relied upon as a substitute for maintaining your own independent backups.
Nothing in this Section 17 or elsewhere in these Terms shall be construed as creating any representation, warranty, guarantee, service level commitment, or contractual obligation that the Services will be free from Security Incidents or that any particular administrative, technical, organizational, or physical safeguard will prevent all unauthorized access to, use, disclosure, alteration, loss, or destruction of User Content, Output, Personal Data, or any other information processed through the Services. Except to the extent expressly provided in a separately executed written Service Level Agreement signed by PEN Connect, PEN Connect undertakes only to implement and maintain the safeguards described in this Section and does not guarantee the effectiveness of any specific security measure.
These Terms shall remain in effect for so long as you access or use the Services or maintain an Account, unless earlier terminated in accordance with these Terms. PEN Connect reserves the right, in its sole discretion and to the fullest extent permitted by applicable law, to suspend, restrict, disable, or terminate your Account or access to all or any portion of the Services, with or without prior notice, if PEN Connect reasonably determines that: (a) you have violated these Terms, any Supplemental Terms, or any applicable policies, including the Acceptable Use provisions set forth in Section 7.4; (b) your use of the Services poses, or is reasonably likely to pose, a legal, regulatory, security, fraud, operational, reputational, or technical risk to PEN Connect, its Affiliates, AI Vendors, service providers, other Users, or any third party; (c) such action is necessary to comply with applicable law, a court order, governmental request, or regulatory requirement; (d) you fail to pay any fees due under these Terms, as provided in Section 6.5; (e) temporary suspension of the Services or your Account is reasonably necessary to investigate, prevent, contain, or remediate a suspected or actual security incident, cyberattack, vulnerability, system compromise, unauthorized access, fraud, or other threat, regardless of whether attributable to you; or (f) PEN Connect otherwise has the right to suspend or terminate the Services under these Terms or applicable law.
You may terminate your Account or cancel your Subscription Plan at any time in accordance with Section 6.5. Upon the effective date of termination, your right to access and use the Services shall immediately cease, except to the limited extent expressly provided in Section 7.6 regarding the temporary retention of User Content. Termination or suspension of your Account shall not relieve you of any obligation incurred before the effective date of termination, including any obligation to pay outstanding fees, Taxes, or other amounts due under these Terms.
Termination or expiration of these Terms shall not affect any provision that, by its nature or express terms, is intended to survive termination, including, without limitation, Sections 2, 7.6, 9, 12, 13, 14, 15, 19, 20, 21, 22, 23, 30, and 33, together with any provisions relating to payment obligations, intellectual property rights, licenses, confidentiality, disclaimers, limitations of liability, indemnification, dispute resolution, governing law, accrued rights, and any other provisions that are reasonably necessary to give effect to their intended purpose following termination.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, ALL OUTPUT, BETA FEATURES, AI MODELS, APIS, INTEGRATIONS, AND ALL RELATED SOFTWARE, CONTENT, AND FUNCTIONALITY ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. PEN CONNECT EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, QUALITY, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR CUSTOM.
WITHOUT LIMITING THE FOREGOING, PEN CONNECT DOES NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR WILL OPERATE WITHOUT INTERRUPTION, DELAY, DEFECT, OR ERROR; (B) THE SERVICES, OUTPUT, OR ANY CONTENT GENERATED THROUGH THE SERVICES WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, LAWFUL, ORIGINAL, NON-INFRINGING, SECURE, ERROR-FREE, OR FREE OF HARMFUL CODE; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE SERVICES WILL SATISFY YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR BUSINESS, MARKETING, COMMERCIAL, OR OTHER RESULT; OR (E) THE SERVICES OR ANY SERVERS, NETWORKS, OR SYSTEMS USED TO PROVIDE THE SERVICES WILL BE FREE FROM VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE THAT ARTIFICIAL INTELLIGENCE SYSTEMS MAY GENERATE OUTPUT THAT IS INACCURATE, INCOMPLETE, BIASED, HALLUCINATED, OFFENSIVE, DUPLICATIVE, OR OTHERWISE UNSUITABLE FOR YOUR INTENDED PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING, VERIFYING, EDITING, TESTING, AND DETERMINING THE APPROPRIATENESS OF ANY OUTPUT BEFORE USING, PUBLISHING, DISTRIBUTING, RELYING UPON, OR OTHERWISE MAKING IT AVAILABLE TO ANY THIRD PARTY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PEN CONNECT, ITS AFFILIATES, LICENSORS, SUBPROCESSORS, AI VENDORS (TO THE EXTENT EXPRESSLY PROVIDED IN THESE TERMS), OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITIES, ANTICIPATED SAVINGS, GOODWILL, REPUTATION, DATA, CONTENT, OUTPUT, USE, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF PEN CONNECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE CUMULATIVE LIABILITY OF PEN CONNECT AND ITS AFFILIATES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO PEN CONNECT FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE THOUSAND U.S. DOLLARS (US$1,000). THIS LIMITATION APPLIES IN THE AGGREGATE TO ALL CLAIMS, REGARDLESS OF THE FORM OF ACTION OR LEGAL THEORY, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTORY LIABILITY, MISREPRESENTATION, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND REFLECTS THE PARTIES' AGREED ALLOCATION OF RISK AND FORMS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including, to the extent applicable, liability for gross negligence, willful misconduct, fraud, fraudulent misrepresentation, death or personal injury caused by negligence where such limitation is prohibited by law, or any liability arising under applicable consumer protection, biometric privacy, data protection, or other non-waivable laws, including, where applicable, the Illinois Biometric Information Privacy Act, the Texas Capture or Use of Biometric Identifier Act, Washington's biometric privacy law (RCW 19.375), or any successor or substantially similar law.
You agree to indemnify, defend, and hold harmless PEN Connect, its Affiliates, and each of their respective officers, directors, employees, contractors, agents, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, proceedings, damages, losses, liabilities, judgments, settlements, fines, penalties, costs, and expenses (including reasonable attorneys' fees and legal expenses) arising out of or relating to:
(a) your User Content, including any breach of the representations, warranties, or obligations set forth in Section 7.3;
(b) your creation, use, publication, distribution, or other exploitation of Output in violation of these Terms, including Section 9;
(c) your violation of these Terms, any Supplemental Terms, or any applicable law, regulation, or governmental requirement;
(d) your infringement or alleged infringement of any third party's intellectual property, privacy, publicity, contractual, or other legal rights; or
(e) any content that you publish, distribute, transmit, or otherwise make available through a third-party platform using Output generated through the Services.
As a condition precedent to commencing any arbitration, lawsuit, or other legal proceeding arising out of or relating to these Terms or the Services, you agree to first provide PEN Connect with written notice of the Dispute by sending it to the contact information specified in Section 35. The notice must include sufficient information to identify the nature of the Dispute and the relief sought. You and PEN Connect agree to participate in good-faith discussions and use commercially reasonable efforts to resolve the Dispute informally for a period of at least thirty (30) days following PEN Connect's receipt of the notice before either party initiates arbitration or any other legal proceeding, except where immediate injunctive or other equitable relief is permitted under these Terms or applicable law.
If the parties are unable to resolve a Dispute through the informal dispute resolution procedures set forth in these Terms, you and PEN Connect agree that, to the fullest extent permitted by applicable law, the Dispute shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules then in effect, rather than by litigation in court. Notwithstanding the foregoing, either party may: (a) bring an individual action in a small claims court of competent jurisdiction, provided the claim remains within that court's jurisdictional limits and proceeds solely on an individual basis; (b) seek temporary, preliminary, or permanent injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or unauthorized use of its intellectual property rights or Confidential Information; or (c) seek public injunctive relief in a court of competent jurisdiction to the extent such relief cannot lawfully be waived or required to be arbitrated under applicable law.
Except as expressly provided above, the arbitrator, and not any federal, state, or local court or governmental authority, shall have the exclusive authority to resolve all Disputes, including any question relating to the interpretation, applicability, enforceability, formation, scope, or validity of this arbitration agreement, including any claim that all or any part of this Section 22 is void or voidable. The arbitrator shall have the authority to award any remedy or relief that would otherwise be available in a court of competent jurisdiction under applicable law, provided that any such relief shall be awarded only to the individual party seeking relief and only to the extent necessary to resolve that party's individual claim.
Unless the parties otherwise agree in writing, the arbitration shall be conducted before a single neutral arbitrator. To the extent practicable and permitted by the applicable AAA Rules, the arbitration shall be conducted remotely by videoconference, telephone, or other comparable electronic means. For individual claims seeking less than US$25,000, the arbitration shall ordinarily be conducted solely on the basis of written submissions, unless the arbitrator determines that an oral hearing is necessary to ensure a fair resolution of the Dispute or applicable law requires otherwise.
Subject to the applicable rules of the American Arbitration Association ("AAA") and applicable law, PEN Connect will pay the AAA filing fees, administrative fees, case management fees, and arbitrator compensation required for any arbitration initiated by you, except to the extent such fees exceed the filing fees that would have been required to commence an equivalent action in a court of competent jurisdiction. In such event, you shall be responsible only for the portion of the arbitration fees that exceeds the comparable court filing fees, unless applicable law or the arbitrator determines otherwise.
Except as otherwise required by applicable law, the applicable AAA Rules, or an award of the arbitrator, each party shall bear its own attorneys' fees, expert fees, costs, and other litigation or arbitration expenses incurred in connection with the arbitration. Nothing in this Section limits either party's right to seek or recover attorneys' fees, costs, or expenses where such recovery is expressly authorized by these Terms, applicable law, or the arbitrator's final award.
YOU AND PEN CONNECT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. TO THE EXTENT A DISPUTE PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND PEN CONNECT EACH WAIVE ANY RIGHT TO A JURY TRIAL, TO THE FULLEST EXTENT PERMITTED BY LAW.
You may opt out of this arbitration agreement by delivering a written notice of your decision to PEN Connect within thirty (30) days after you first accept these Terms. Your opt-out notice must include your full name, mailing address, the email address associated with your Account (if any), and a clear statement that you elect to opt out of the arbitration agreement contained in this Section 22. The notice must be sent to support@profilevoice.com and must be received within the applicable thirty (30)-day period. Your decision to opt out of arbitration will not affect any other provision of these Terms or your access to the Services.
If you timely and validly opt out of this arbitration agreement, any Dispute arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in the State of Delaware. You irrevocably consent to the exclusive jurisdiction and venue of such courts and waive, to the fullest extent permitted by applicable law, any objection based on lack of personal jurisdiction, improper venue, or forum non conveniens.
If any provision of this Section 22 is determined by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be severed or modified to the minimum extent necessary to render it enforceable, and the remainder of this Section 22 shall remain in full force and effect. Notwithstanding the foregoing, if the class action waiver set forth in Section 22.4 is determined to be invalid or unenforceable with respect to any claim or class of claims, then the arbitration agreement contained in this Section 22 shall be null and void solely as to such claim or class of claims, and those claims shall proceed in a court of competent jurisdiction, while the remainder of these Terms shall continue in full force and effect, to the fullest extent permitted by applicable law.
These Terms, and any Dispute arising out of or relating to these Terms, the Services, or the relationship between you and PEN Connect, shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any choice-of-law or conflict-of-laws rules that would require the application of the laws of any other jurisdiction.
Notwithstanding the foregoing, nothing in these Terms shall deprive you of the benefit of any mandatory consumer protection, privacy, biometric privacy, data protection, or other non-waivable rights or remedies afforded to you under the laws of your jurisdiction of residence or any other jurisdiction whose laws are required to apply notwithstanding this contractual choice of law.
You may not use the Services if you are located in, or are a national or resident of, any country subject to a comprehensive U.S. embargo, or if you are listed on any U.S. government restricted-party list, including the U.S. Department of the Treasury's Specially Designated Nationals list. You represent that you are not subject to such restrictions and agree to comply with all applicable U.S. export control and economic sanctions laws in your use of the Services. You may not use the Services to generate Output depicting, or on behalf of, any individual or entity subject to a comprehensive U.S. embargo or listed on a U.S. government restricted-party list, including as an avatar or synthetic likeness.
The Services, including any related software and documentation, are provided to U.S. Government end users as "commercial products," "commercial services," "commercial computer software," and "commercial computer software documentation," as those terms are defined under applicable Federal Acquisition Regulation ("FAR") and Defense Federal Acquisition Regulation Supplement ("DFARS") provisions. The Services are licensed to U.S. Government end users only with the same rights and restrictions granted to all other Users under these Terms, including, without limitation, 48 C.F.R. §12.212 and 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable. Any additional or different rights must be expressly agreed to by PEN Connect in a separate written agreement signed by an authorized representative of PEN Connect.
Neither party shall be liable for any failure or delay in performing its obligations under these Terms (other than your obligation to pay amounts due under these Terms) to the extent such failure or delay results from circumstances beyond that party's reasonable control ("Force Majeure Event"). Force Majeure Events include, without limitation, acts of God; natural disasters; earthquakes; floods; fires; severe weather; epidemics, pandemics, public health emergencies, or other disease outbreaks; war; armed conflict; terrorism; civil unrest; riots; sabotage; cyberattacks or widespread internet disruptions not caused by the affected party; labor disputes, strikes, or work stoppages not involving the affected party's own employees; failures or interruptions of telecommunications networks, utilities, cloud infrastructure, hosting providers, domain name systems, or internet service providers; governmental actions, sanctions, embargoes, changes in law, court orders, or regulatory actions; failures or outages of AI Vendors or other third-party service providers; shortages of materials, energy, or transportation; or any other event beyond the affected party's reasonable control.
The affected party shall use commercially reasonable efforts to mitigate the effects of the Force Majeure Event and resume performance as soon as reasonably practicable. A Force Majeure Event shall not relieve you of your obligation to pay any fees or other amounts that became due and payable before the occurrence of the Force Majeure Event.
You may not assign, delegate, transfer, sublicense, or otherwise dispose of any of your rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of PEN Connect. Any attempted assignment, delegation, or transfer in violation of this Section shall be null, void, and of no legal force or effect.
PEN Connect may assign, transfer, delegate, or otherwise convey these Terms, in whole or in part, without your consent, including in connection with a merger, acquisition, corporate reorganization, financing transaction, sale of assets, sale of equity interests, or other change in control, or to any Affiliate or successor in interest. Subject to the foregoing, these Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. Any transfer of Personal Data in connection with such a transaction will be handled in accordance with applicable law and the Business Transfers provisions of PEN Connect's Privacy Policy.
Unless you notify PEN Connect in writing that you object, you grant PEN Connect a limited, non-exclusive, worldwide, royalty-free license to use your name, trade name, trademarks, service marks, and logos solely to identify you as a current or former customer of the Services in PEN Connect's customer lists, website, sales presentations, investor materials, and other marketing or promotional materials. Any such use shall be in accordance with your applicable trademark usage guidelines, if provided to PEN Connect in writing.
Notwithstanding the foregoing, PEN Connect will not publish or distribute any press release, customer success story, case study, testimonial, endorsement, or other marketing content that specifically identifies you or describes your use of the Services in a manner beyond a factual customer identification without first obtaining your separate prior written consent.
You consent to receive communications from PEN Connect electronically, including by email, through your Account, within the Services, by in-product notifications, or by any other electronic means permitted by applicable law. You agree that all agreements, notices, disclosures, consents, acknowledgements, invoices, receipts, and other communications that PEN Connect provides to you electronically satisfy any legal requirement that such communications be in writing and have the same legal force and effect as if delivered in paper form, to the fullest extent permitted by applicable law, including the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN Act), the Uniform Electronic Transactions Act (UETA), and any other applicable electronic signature or electronic records laws.
You are responsible for maintaining a current and valid email address and other contact information associated with your Account and for ensuring that you are able to receive electronic communications from PEN Connect. PEN Connect is not responsible for any delay or failure in your receipt of electronic communications resulting from inaccurate contact information, spam filters, technical issues, or circumstances outside PEN Connect's reasonable control.
You may opt out of receiving marketing or promotional communications at any time by using the unsubscribe mechanism included in such communications or by updating your communication preferences where available. Opting out of marketing communications will not affect PEN Connect's ability to send you transactional, operational, security, legal, billing, account management, customer support, or other non-marketing communications that are necessary for the administration of your Account, the provision of the Services, compliance with applicable law, or the enforcement of these Terms.
To the fullest extent permitted by applicable law, any claim, demand, action, suit, or proceeding arising out of or relating to these Terms, the Services, or your access to or use of the Services must be commenced within one (1) year after the claim or cause of action first arose or reasonably should have been discovered. Any claim not commenced within such period shall be permanently barred, and you irrevocably waive any right to assert such claim thereafter, notwithstanding any longer statute of limitations or other limitations period that might otherwise apply under applicable law.
These contractual limitations period shall not apply to the extent prohibited or rendered unenforceable by applicable law, nor shall it apply to claims relating to the non-payment of amounts due to PEN Connect, infringement or misappropriation of intellectual property rights, unauthorized access to or misuse of the Services, requests for injunctive or other equitable relief, or any other claim that cannot lawfully be subject to a contractual limitations period.
PEN Connect is committed to providing an inclusive and reasonably accessible experience for all Users and strives to design, develop, and maintain the Services in accordance with recognized accessibility best practices. PEN Connect endeavors to align the Services with the Web Content Accessibility Guidelines ("WCAG") 2.2 Level AA and to comply with applicable accessibility laws, including the Americans with Disabilities Act ("ADA"), to the extent applicable. Because the Services are continually evolving and may incorporate third-party content, integrations, and AI-generated Output that are not entirely within PEN Connect's control, PEN Connect does not warrant that every feature or aspect of the Services will be fully accessible at all times.
If you experience any difficulty accessing or using the Services due to a disability, or if you identify an accessibility barrier, please contact PEN Connect at support@profilevoice.com with reasonable detail regarding the issue. PEN Connect will use commercially reasonable efforts to investigate the matter, provide reasonable assistance where practicable, and address verified accessibility issues within a reasonable timeframe, consistent with applicable law and the technical and operational capabilities of the Services.
PEN Connect will use commercially reasonable efforts to maintain the availability of the Services with a target uptime of at least ninety-nine and one-half percent (99.5%) during each calendar month. For purposes of calculating availability, scheduled maintenance, emergency maintenance, Force Majeure Events, outages or service interruptions affecting AI Vendors or other third-party service providers, internet or telecommunications failures, denial-of-service attacks, failures of your hardware, software, network, internet connection, or other systems outside PEN Connect's reasonable control, and any suspension or interruption permitted under these Terms shall be excluded.
The foregoing availability target is provided solely as a performance objective and does not constitute a service level agreement ("SLA"), service commitment, warranty, guarantee, or representation regarding uninterrupted or error-free operation of the Services. Failure to achieve the stated availability target shall not entitle you to any service credits, refunds, damages, termination rights, or other remedies, except to the extent expressly provided in a separate written service level agreement executed by PEN Connect or as otherwise required by applicable law.
These Terms, together with the Privacy Policy, any applicable Supplemental Terms, the Data Processing Addendum (where applicable), any Order Form or Subscription Order accepted by PEN Connect, and any other documents expressly incorporated herein by reference, constitute the entire agreement between you and PEN Connect with respect to your access to and use of the Services and supersede all prior or contemporaneous oral or written agreements, representations, understandings, negotiations, and communications relating to the same subject matter.
Except as expressly provided in these Terms, including with respect to the limited rights, if any, expressly granted to AI Vendors under Section 11, nothing in these Terms is intended to confer, nor shall it be construed as conferring, any rights, remedies, or benefits upon any third party. These Terms are solely for the benefit of the parties and their respective permitted successors and assigns.
If any provision of these Terms is determined by a court or tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be interpreted, reformed, or modified to the minimum extent necessary to render it valid and enforceable while preserving its original intent to the greatest extent permitted by applicable law. If such modification is not legally permissible, the provision shall be severed from these Terms without affecting the validity, legality, or enforceability of the remaining provisions, all of which shall remain in full force and effect.
No failure, delay, or partial exercise by PEN Connect of any right, remedy, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, remedy, power, or privilege preclude any other or further exercise of that or any other right, remedy, power, or privilege. Any waiver by PEN Connect must be in writing and signed by an authorized representative to be effective.
The section headings and titles contained in these Terms are included solely for convenience of reference and shall not affect the interpretation or construction of these Terms. The parties acknowledge that these Terms have been negotiated at arm's length and shall be interpreted fairly according to their plain meaning. No rule of construction requiring ambiguities to be construed against the drafting party shall apply to these Terms.
Nothing contained in these Terms creates or shall be construed to create any agency, fiduciary, partnership, joint venture, employment, franchise, representative, advisory, or other similar relationship between you and PEN Connect. Neither party has any authority to bind or obligate the other in any manner. PEN Connect acts solely as an independent provider of technology, software, artificial intelligence, and content-generation services and does not undertake any fiduciary, professional, or agency obligations by virtue of providing the Services.
PEN Connect reserves the right to modify, amend, or update these Terms from time to time in its sole discretion to reflect changes in the Services, applicable law, business practices, or other operational, legal, or commercial requirements. If PEN Connect makes a material change to these Terms, it will provide existing Users with at least thirty (30) days' prior notice before the change becomes effective, unless a shorter notice period or immediate effectiveness is required by applicable law, court order, or governmental authority. Such notice may be provided by email to the address associated with your Account, through the Services, or by other reasonable means, and will describe the material changes and, where applicable, your rights with respect to those changes.
Your continued access to or use of the Services after the effective date of the revised Terms constitutes your acceptance of the updated Terms. If you do not agree to any material modification, you must discontinue your use of the Services and cancel your Subscription Plan or terminate your Account before the revised Terms become effective. If you timely terminate a paid Subscription Plan solely because of a material change to these Terms that materially and adversely affects your rights or obligations, PEN Connect will, upon your written request, refund the prorated portion of any prepaid recurring subscription fees attributable to the unused portion of your then-current billing period, unless the modification is required by applicable law or relates solely to new features, optional functionality, or changes that do not materially diminish your rights or increase your obligations under these Terms.
PEN Connect Inc. 8 The Green, Ste R, Dover, DE 19901 General email: support@profilevoice.com DMCA agent: see Section 16 Arbitration opt-out: see Section 22.5
Notices to you may be sent to the email or physical address associated with your Account. You are responsible for keeping your contact information current.