Terms of Service
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Support Service LTD ("we," "our," or "us") governing your access to and use of Penfield™, including our website, applications, APIs, and related services (collectively, the "Service" or "Services").
By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy.
If you do not agree to these Terms, you may not access or use the Service.
1.1 Who We Are
Support Service LTD is a Bulgarian company that operates Penfield™, an AI memory and knowledge management system.
- Legal Entity: Support Service LTD
- Registration Number: 202207793
- VAT Number: BG202207793
- Registered Address: str. Nikola Voinovski 67, fl. 4, ap. 14, Sofia, Bulgaria
- Contact: support@penfield.app
1.2 Scope of These Terms
Consumer Services: These Terms apply to individual users of Penfield, including Free, Starter, Team, and Enterprise plans.
Commercial Services: If you are using Penfield under a Commercial/Enterprise agreement, separate Commercial Terms may apply, which take precedence over these Consumer Terms.
2. Eligibility and Account Creation
2.1 Minimum Age Requirement
You must be at least 18 years old or the minimum age required to consent to use the Services in your jurisdiction, whichever is higher.
We do not knowingly collect information from children under the applicable minimum age.
2.2 Account Creation
Registration Required: To access certain features, you must create an account.
Accurate Information: You agree to provide:
- Current and complete registration information
- Accurate contact details
- True identity information
Account Security: You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Notifying us immediately of unauthorized access
One Account Per Person: You may not create multiple accounts or share accounts with others.
2.3 Account Termination
Your Right to Close: You may close your account at any time by contacting support@penfield.app or using the account deletion feature in settings.
Our Right to Suspend/Terminate: We may suspend or terminate your account if:
- You violate these Terms or our Usage Policy
- We reasonably believe there is a security risk or attack
- You engage in fraudulent, abusive, or illegal activity
- Your use creates legal liability or violates applicable law
- Required by law or court order
Effect of Termination:
- You lose access to your account and content
- Unused subscription fees may be refunded pro-rata (at our discretion)
- Content deletion follows our data retention practices (see Privacy Policy)
3. Use of the Service
3.1 License to Use
Grant of License: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:
- Access and use the Service for your personal or internal business purposes
- Create and store content using the Service
- Integrate with permitted third-party services
Restrictions: You may not:
- Copy, modify, or create derivative works of the Service
- Reverse engineer, decompile, or disassemble the Service
- Rent, lease, sell, sublicense, or transfer the Service
- Remove or alter any proprietary notices
- Access the Service to build a competitive product
- Use the Service beyond your subscription limits
- Share your account credentials with others
3.2 Service Availability
Access: We strive to provide continuous access but do not guarantee uninterrupted availability.
Maintenance and Updates:
- We may perform scheduled maintenance (with advance notice when possible)
- We may deploy updates, patches, and new features
- Updates may be automatic for optimal security and performance
Service Changes: We reserve the right to:
- Modify, suspend, or discontinue any feature
- Change subscription plans and pricing (with advance notice)
- Impose usage limits or restrictions
4. Content and Intellectual Property
4.1 Your Content
Definition: "Your Content" includes:
- Inputs: Prompts, questions, and data you submit
- Uploads: Files, documents, images you upload
- Memories: Information you store in the memory system
- Integrations: Data from connected third-party services
Your Ownership: You retain all intellectual property rights in Your Content.
License to Us: By submitting Your Content, you grant us a worldwide, non-exclusive, royalty-free license to:
- Use, store, and process Your Content to provide the Service
- Make temporary copies for caching, backup, and performance
- Analyze Your Content for safety, security, and service improvement (as described in Privacy Policy)
Your Responsibilities:
- You are responsible for Your Content and its legality
- You warrant that Your Content does not violate any laws or third-party rights
- You will not submit illegal, harmful, or infringing content
4.2 AI-Generated Outputs
Outputs: Responses and results generated by the Service ("Outputs") are based on Your Content and our AI models.
Ownership of Outputs: Subject to these Terms and applicable law, you own the Outputs generated from your use of the Service. We assign to you (to the extent we have any) our right, title, and interest in and to Outputs.
No Guarantees:
- Outputs may be inaccurate, incomplete, or misleading
- Outputs may not be factually correct
- Outputs should be independently verified before relying on them
- Outputs may be similar to outputs generated for other users
Your Responsibility:
- Evaluate whether Outputs are appropriate for your use case
- Determine when human review is necessary
- Verify factual assertions independently
- Comply with applicable laws when using Outputs
4.3 Model Training
Use of Content for Training:
- Default: By default, we do NOT use Your Content to train our AI models
- Opt-In: You may choose to allow your conversations to improve our models
- Control: You can change this setting anytime in your Privacy Settings
Exceptions (Even When Opted Out):
- Content flagged for safety violations (to improve abuse detection)
- Feedback you explicitly submit
- Content necessary to enforce our Usage Policy
4.4 Our Intellectual Property
Service Ownership: We (and our licensors) own all rights, title, and interest in:
- The Service and its underlying technology
- AI models and algorithms
- Software, code, and interfaces
- Trademarks, logos, and branding
- Documentation and training materials
Trademarks: "Penfield™" and our logos are our trademarks. You may not use them without prior written permission.
5. Acceptable Use Policy
You agree to use the Service in compliance with all applicable laws.
You may NOT use the Service to:
Illegal Activities:
- Violate any applicable law, regulation, or ordinance
- Facilitate or promote illegal activities
- Infringe intellectual property rights
- Violate privacy rights or data protection laws
Harmful Content:
- Create or distribute malware, viruses, or malicious code
- Engage in phishing, spam, or fraudulent schemes
- Generate child sexual abuse material (CSAM)
- Create content that exploits or harms minors
- Promote violence, terrorism, or extremism
- Create non-consensual intimate imagery
Abuse and Harassment:
- Harass, threaten, or abuse others
- Engage in hate speech or discriminatory content
- Impersonate individuals or organizations
- Engage in doxxing or stalking
System Abuse:
- Attempt to circumvent security measures
- Access unauthorized data or systems
- Disrupt or overload the Service (e.g., DDoS attacks)
- Extract or scrape data without permission
- Reverse engineer or decompile the Service
- Use automated tools to access the Service (except authorized APIs)
5.1 Enforcement
Monitoring: We use automated systems and human review to detect violations.
Actions We May Take:
- Issue warnings
- Temporarily suspend access
- Permanently terminate accounts
- Remove violating content
- Report illegal activity to authorities
- Pursue legal action
Appeals: If your account is suspended or terminated, you may appeal by contacting support@penfield.app.
6. Subscriptions and Payment
6.1 Subscription Plans
Available Plans:
- Standard: $10/month (early adopter pricing) - For individual users
- Premium: $20/month (early adopter pricing) - For power users and professionals
Current pricing and features are available at penfield.app.
6.2 Billing and Payment
Recurring Billing:
- Subscriptions renew automatically
- You authorize recurring charges
- We will charge your payment method on each renewal date
Price Changes:
- We may change prices with 30 days' advance notice
- Notice will be sent to your registered email
- Continued use after notice constitutes acceptance
- You may cancel before the new price takes effect
Taxes: Prices exclude applicable taxes (VAT, GST, sales tax, etc.). You are responsible for applicable taxes.
6.3 Cancellation and Refunds
Your Right to Cancel:
- Cancel anytime through account settings or by contacting support@penfield.app
- Cancellation takes effect at the end of current billing period
- You retain access until end of paid period
Refunds:
- Generally: Fees are non-refundable except as required by law
- EU/UK Right of Withdrawal: EU/UK consumers may cancel within 14 days of purchase for full refund (unless you've agreed to waive this right by using the Service immediately)
7. Third-Party Services and Integrations
7.1 Third-Party Integrations
Your Authorization: By connecting integrations, you authorize us to:
- Access data from the third-party service
- Store and process integrated data
- Use integrated data to provide Service features
Third-Party Terms: Your use of integrations is subject to:
- Our Terms
- The third party's terms of service
- The third party's privacy policy
Liability: We are not responsible for:
- Third-party service availability or performance
- Changes to third-party services
- Third-party privacy practices
- Loss of data due to third-party issues
8. Privacy and Data Protection
Your privacy is important to us. Our Privacy Policy explains:
- What data we collect
- How we use your data
- Your privacy rights
- How to exercise those rights
Key Points:
- We do not sell your personal data
- We use industry-standard security measures
- You control your data (access, delete, export)
- We comply with GDPR, CCPA, and other privacy laws
9. Disclaimers and Limitations of Liability
9.1 Service Provided "AS IS"
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
WE DISCLAIM ALL WARRANTIES, INCLUDING:
- Merchantability
- Fitness for a particular purpose
- Non-infringement
- Accuracy, reliability, or completeness
- Uninterrupted or error-free operation
- Security or freedom from viruses
AI Limitations:
- AI outputs may be inaccurate, biased, or inappropriate
- Outputs should not be relied upon without verification
- We do not guarantee any specific results
- Performance may vary based on inputs and usage
9.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
WE (AND OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS) SHALL NOT BE LIABLE FOR:
- Indirect, incidental, special, consequential, or punitive damages
- Lost profits, revenue, data, or business opportunities
- Service interruptions or errors
- User errors or misuse
- Third-party actions
- Unauthorized access to your account or data
MAXIMUM LIABILITY: Our total liability to you for all claims shall not exceed the greater of:
- $100 USD, or
- The amount you paid us in the 12 months before the claim arose
9.3 Exceptions
Not Limited: Nothing in these Terms limits liability for:
- Death or personal injury caused by negligence
- Fraud or fraudulent misrepresentation
- Gross negligence or willful misconduct
- Any liability that cannot be excluded by law
9.4 EU/UK Consumer Rights
For EU/UK Consumers: You have statutory rights under consumer protection laws. Nothing in these Terms affects those rights.
Legal Guarantee: Digital content must be as described, fit for purpose, and of satisfactory quality. If not, you may be entitled to repair, replacement, refund, or price reduction.
10. Indemnification
Your Agreement to Indemnify: You agree to indemnify, defend, and hold harmless us (and our affiliates, officers, directors, employees, agents, suppliers, and licensors) from any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from:
- Your use or misuse of the Service
- Your Content or Outputs
- Your violation of these Terms or our Usage Policy
- Your violation of any third-party rights
- Your violation of applicable law
11. Dispute Resolution
11.1 Informal Resolution
First Step: Before filing any formal dispute, please contact us at support@penfield.app to attempt informal resolution.
30-Day Period: Allow us 30 days to address your concern.
11.2 Governing Law
For All Users:
- Governed by the laws of Bulgaria
- Excluding conflicts of law principles
For EU Consumers:
- You also have protection of mandatory consumer laws in your country of residence
- You may bring proceedings in your country of residence
11.3 Jurisdiction and Venue
For Users Outside EU/UK:
- Exclusive jurisdiction: Courts of Sofia, Bulgaria
For EU Consumers:
- You may bring proceedings in your country of residence
- We may only bring proceedings in your country of residence
12. General Provisions
12.1 Entire Agreement
These Terms, together with our Privacy Policy and any additional terms you agree to, constitute the entire agreement between you and us regarding the Service.
12.2 Modifications to Terms
Our Right to Modify: We may update these Terms from time to time.
Notice:
- We will post updated Terms with a new "Effective Date"
- For material changes, we will notify you via email or in-app notification
Your Acceptance:
- Continued use after changes constitutes acceptance
- If you disagree, you must stop using the Service and close your account
12.3 Severability
If any provision is found invalid or unenforceable:
- The invalid provision will be modified to achieve its intent
- If modification is impossible, it will be severed
- Remaining provisions remain in full effect
12.4 Waiver
Our failure to enforce any right or provision does not constitute a waiver of that right or provision.
12.5 Assignment
Our Right: We may assign these Terms or our rights/obligations to any affiliate or in connection with a merger, acquisition, or sale of assets.
Your Restriction: You may not assign these Terms or your account without our prior written consent.
12.6 Force Majeure
We are not liable for delays or failures due to causes beyond our reasonable control, including:
- Natural disasters
- War, terrorism, or civil unrest
- Government actions or regulations
- Internet or telecommunications failures
- Cyberattacks or security incidents
- Pandemics or public health emergencies
12.7 Survival
Provisions that by their nature should survive termination will survive, including:
- Intellectual property provisions
- Disclaimers and limitations of liability
- Indemnification
- Governing law and dispute resolution
12.8 Language
English Version Controls: These Terms are prepared in English. Translations may be provided for convenience, but the English version governs in case of conflict.
13. EU/UK Specific Terms
13.1 EU Consumer Rights
Right of Withdrawal: EU consumers have 14 days from purchase to withdraw without reason and receive a full refund, unless:
- You requested immediate access to the Service (waiving withdrawal right)
- You began using digital content (performance begins)
To Exercise Withdrawal: Contact support@penfield.app within 14 days.
13.2 UK Consumer Rights
Consumer Rights Act 2015: Digital content must be:
- As described
- Fit for purpose
- Of satisfactory quality
Remedies: If digital content is faulty, you may be entitled to:
- Repair or replacement
- Price reduction
- Refund
13.3 Legal Guarantee
Under EU law, we provide a legal guarantee of conformity for digital services. If the Service does not conform to contract:
- We must bring it into conformity (repair)
- If repair is impossible or disproportionate, you may be entitled to price reduction or refund
14. Contact Information
General Inquiries:
- Email: support@penfield.app
- Address: Support Service LTD, str. Nikola Voinovski 67, fl. 4, ap. 14, Sofia, Bulgaria