Terms for using PenBuddy.

These Terms of Service govern access to and use of PenBuddy's websites, software, workflows, support, billing features, AI-assisted tools, and handwritten-card fulfillment services.

By creating an account, purchasing a subscription, uploading employee data, submitting a send, or otherwise using PenBuddy, you agree to these Terms on behalf of yourself and the organization you represent. If you do not have authority to bind that organization, you may not use PenBuddy for that organization.

PenBuddy helps businesses create and manage handwritten employee recognition programs. The service may include organization setup, subscription billing, CSV recipient imports, field mapping, message drafting, template selection, card proof previews, send submission, operations review, fulfillment coordination, and milestone reminders.

PenBuddy is not an HRIS, payroll system, employee system of record, legal compliance platform, or emergency communication system. Customers are responsible for maintaining their own authoritative employee records and for verifying that sends are accurate before submission.

Customers retain ownership of the employee, recipient, organization, message, and other content they submit to PenBuddy. Customers grant PenBuddy the rights needed to host, process, validate, transform, preview, use, disclose to service providers, and fulfill that data as necessary to provide the service and follow customer instructions.

Customers are responsible for the legality, accuracy, completeness, and appropriateness of uploaded CSVs, recipient records, mailing addresses, merge fields, selected templates, messages, send instructions, and anniversary rules.

PenBuddy may charge a recurring platform subscription and separate usage-based or one-time charges for cards, postage, fulfillment, campaigns, add-ons, or other services. Prices, plan limits, included features, and billing intervals are shown at checkout, in the product, on an order form, or in a separate agreement.

Subscriptions renew automatically unless canceled before renewal through the billing portal or another supported cancellation method. Fees are non-refundable except where required by law or expressly stated in writing by PenBuddy. Taxes, payment processor fees, chargebacks, failed-payment costs, and currency conversion costs may apply.

After a customer submits a send, PenBuddy and its fulfillment partners may prepare cards using the selected template, shared message, merge fields, recipient information, sender information, postage, and operational instructions.

PenBuddy works to fulfill approved sends accurately and on time, but physical mail involves dependencies outside PenBuddy's control, including customer-provided data, postal services, carriers, weather, holidays, vendor capacity, address quality, and recipient availability.

PenBuddy may provide optional AI assistance for tasks such as CSV column matching and card-message drafting. AI output may be inaccurate, incomplete, repetitive, or unsuitable for a specific workplace context.

Customers are responsible for reviewing all AI suggestions before using them. PenBuddy does not guarantee that AI-generated mappings, messages, merge fields, rationales, or other outputs are correct, compliant, or appropriate for a particular employee, jurisdiction, culture, or workplace policy.

PenBuddy relies on third-party providers for functions such as hosting, database storage, object storage, email delivery, billing, workflow execution, AI processing, observability, support, printing, handwriting, postage, and logistics.

Third-party services may be governed by their own terms and privacy practices. PenBuddy is not responsible for third-party services outside its reasonable control, but PenBuddy will use them as needed to provide the service and fulfill customer instructions.

PenBuddy and its licensors own the service, software, workflows, design, documentation, templates, branding, trademarks, and related intellectual property. These Terms do not transfer ownership of PenBuddy intellectual property to customers.

Customers may use PenBuddy only as allowed by these Terms and any applicable order form. Customers retain their own pre-existing content, trademarks, employee data, and submitted messages, subject to the license granted to PenBuddy to provide the service.

Each party may receive non-public information from the other party that should reasonably be understood as confidential. The receiving party will use confidential information only to perform under these Terms and will protect it using reasonable care.

Confidential information does not include information that is publicly available through no fault of the receiving party, already known without restriction, independently developed, or lawfully received from another source.

PenBuddy may modify, suspend, discontinue, or limit parts of the service as the product evolves. We try to avoid unnecessary disruption, but we do not guarantee uninterrupted access, error-free operation, or that every feature will remain available in every plan.

PenBuddy may release beta, experimental, or preview features. Those features may change, break, produce unexpected results, or be removed at any time.

Customers may stop using PenBuddy and cancel subscriptions through supported account or billing flows. PenBuddy may suspend or terminate access if a customer violates these Terms, fails to pay, creates security or legal risk, misuses the service, or if continued service would be commercially or technically impractical.

After termination, PenBuddy may retain or delete data according to its Privacy Policy, legal obligations, backup practices, billing needs, security needs, and fulfillment history requirements.

PenBuddy provides the service on an as-is and as-available basis to the fullest extent permitted by law. PenBuddy disclaims implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.

PenBuddy does not guarantee specific employee engagement, retention, morale, compliance, delivery, revenue, or business outcomes. Customers are responsible for how they design, review, approve, and operate their recognition programs.

To the fullest extent permitted by law, PenBuddy will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost goodwill, lost data, business interruption, or replacement services.

To the fullest extent permitted by law, PenBuddy's total liability for claims related to the service will not exceed the amounts paid by the customer to PenBuddy for the service giving rise to the claim during the three months before the event giving rise to liability.

Customers will defend, indemnify, and hold PenBuddy harmless from claims, losses, damages, liabilities, costs, and expenses arising from customer data, submitted messages, customer instructions, violation of these Terms, misuse of the service, violation of law, or infringement of third-party rights.

These Terms are governed by the laws of the United States and the state where PenBuddy is legally organized, without regard to conflict-of-law principles, unless a separate written agreement states otherwise. The parties will first try to resolve disputes informally by contacting each other in good faith.

If a dispute cannot be resolved informally, the parties consent to the state and federal courts located in that state for disputes related to these Terms, unless applicable law requires a different forum.

PenBuddy may update these Terms from time to time. When changes are material, PenBuddy will update the date above and provide additional notice where appropriate. Continued use of PenBuddy after updated Terms become effective means the customer accepts the updated Terms.

For questions about these Terms or PenBuddy services, contact info@pftleads.com.