PenguinPilot — Terms of Service

The Network Software Ltd, trading as PenguinPilot Version 2.0 Effective Date: 15 September 2026 (replaces the version effective 6 August 2026) Contact: hello@penguinpilot.ai

These Terms of Service ("Terms") govern your access to and use of the services provided by The Network Software Ltd, trading as PenguinPilot ("PenguinPilot", "we", "us", or "our").

By creating an account, clicking to accept these Terms, purchasing or subscribing to any service of ours, making payment to us, or otherwise accessing or using our services, you agree to be bound by these Terms.

How these Terms are organised

PenguinPilot offers several types of service. To keep things clear, these Terms are in two levels:

• Part 1 — General Terms apply to everything we do for you.
• Parts 2 to 8 are service-specific and apply only to the service line they cover:
• Part 2 — Social Media & Marketing Services (our done-for-you digital marketing, advertising, content and campaign services).
• Part 3 — Website Builder & Hosting (our self-serve AI website rebuilder and hosting product at penguinpilot.ai).
• Part 4 — White-Label Reseller Programme (reselling the Website Services under your own brand).
• Part 5 — Prospecting, Outreach and Wingman Automation (business discovery, demonstration websites, CRM and outreach sequences).
• Part 6 — Domain Registration (buying and renewing domain names through the platform).
• Part 7 — Social Media Publishing Add-On (the scheduled social posting module attached to a hosted site).
• Part 8 — AI Credits (the prepaid credit system that meters AI usage).

If a service-specific Part conflicts with the General Terms for that service, the service-specific Part wins for that service only. Where two service-specific Parts both apply — for example, a reseller using the prospecting tools — both apply, and the more specific obligation prevails.

Some defined terms are used throughout: "Services" means all of them; "Marketing Services" means Part 2; "Website Services" means Part 3; the "Reseller Programme" means Part 4; "Prospecting Services" means Part 5; "Domain Services" means Part 6; "Social Publishing" means Part 7; and "AI Credits" means Part 8.

PART 1 — GENERAL TERMS

(These apply to all Services.)

1. Scope of Services

1.1 PenguinPilot provides digital marketing, advertising, branding, consulting, content creation, campaign management, analytics, automation, reporting, and associated services, and separately provides a self-serve AI website builder and hosting product, a white-label reseller programme, business prospecting and outreach automation tools, domain registration services, a social media publishing add-on, and a prepaid AI credit system, together with any related software, portals, dashboards, workflows, integrations, or supporting functionality we make available from time to time (together, the "Services").

1.2 These Terms apply to all Services provided by PenguinPilot unless we expressly agree otherwise in writing.

1.3 The specific features, inclusions, limits, pricing, billing model, subscription level, service duration, usage allowances, or other commercial details applicable to your Services are as described on our website, pricing page, checkout flow, sign-up page, onboarding flow, client portal, invoice, proposal, order form, or other written commercial terms notified by us from time to time.

1.4 If we issue a proposal, order form, custom scope, or other written service-specific terms for your account, that document will apply in addition to these Terms and will prevail only to the extent of any inconsistency for the specific Services covered by that document.

1.5 Any timeframe, delivery estimate, campaign timing, implementation timing, or expected outcome is an estimate only unless we expressly guarantee it in writing.

1.6 We may amend, update, expand, reduce, substitute, suspend, or discontinue aspects of the Services from time to time where reasonably necessary for legal, regulatory, technical, operational, security, commercial, quality, staffing, platform, or service-improvement reasons.

1.7 The provision of any tools, templates, automations, campaign structures, websites, consent checks, compliance controls, or platform functionality does not constitute legal, regulatory, tax, or compliance advice, and is not approval, certification, or a guarantee that your activities are lawful. You remain responsible for ensuring compliance with applicable law. This applies with particular force to the consent, suppression and eligibility controls described in Part 5.

2. Account Signup and Acceptance

2.1 You may access or purchase Services through self-sign-up, online checkout, onboarding flow, account creation, invoice payment, subscription activation, or other acceptance method made available by us.

2.2 These Terms become binding on you when you first do any of the following: create an account with us; click to accept these Terms; purchase or subscribe to any Service; pay an invoice or charge of ours; or access or use any of the Services.

2.3 You acknowledge and agree that you acquire the Services in trade and for the purposes of a business, and not as a consumer. The Services are offered on a business-to-business basis only.

2.4 You must provide accurate, complete, and current information when signing up for or using the Services, and you must keep that information up to date.

2.5 If you create an account or use the Services on behalf of a company, business, or other entity, you represent that you have authority to bind that entity to these Terms.

2.6 You are responsible for maintaining the confidentiality and security of your login credentials and for all activity carried out through your account, including any access to or use of the Services through your account by your personnel, employees, contractors, agents, service providers, or any other person, whether authorised by you or not.

2.7 You must promptly notify us if you become aware of any suspected unauthorised access, misuse, fraud, or security breach affecting your account or the Services.

2.8 In-product declarations are contractual. Where the platform asks you to confirm something before it will perform an action — including any declaration that you have a lawful basis or permission to contact a recipient — your confirmation is a warranty given by you to us under these Terms, given afresh each time you confirm it, and we are entitled to rely on it.

3. Term and Cancellation

3.1 There is no minimum term for the Services. Your engagement runs on a rolling basis and continues until cancelled in accordance with these Terms or the applicable commercial terms.

3.2 How cancellation works depends on the service line:

• For Website Services, you may cancel at any time from your account. Cancellation stops future billing; data retention on cancellation is covered in Part 3.
• For Marketing Services, either party may cancel on not less than thirty (30) days' written notice, reflecting the ongoing, resourced nature of that work, unless a different notice period is stated in your applicable commercial terms.
• For Domain Services, a registered domain runs to its registry expiry date and cancellation of your PenguinPilot account does not cancel or refund a domain registration. See Part 6.
• For AI Credits, cancellation does not refund unused credits. See Part 8.

3.3 No refund is payable for any partial month, prepaid period, setup fee, onboarding fee, committed spend, third-party cost, domain registration fee, AI credit purchase, or unused portion of Services except to the extent required by applicable law or expressly agreed by us in writing.

3.4 We may suspend, limit, or continue performing the Services during any notice period at our discretion where reasonably necessary for operational, legal, payment, compliance, reputational, or platform reasons.

4. Fees, Charges, Taxes, and Payment

4.1 Fees are as set out on our website, pricing page, checkout flow, invoice, proposal, order form, client portal, or other written commercial terms issued or made available by us.

4.2 Unless expressly stated otherwise: fees are payable in advance; fees are non-cancellable and non-refundable, subject to applicable law; and all fees are exclusive of GST, VAT, sales tax, withholding tax, duties, levies, exchange costs, bank charges, processor fees, and similar charges.

4.3 You are responsible for all taxes, bank fees, exchange fees, payment-processing charges, international payment charges, and similar costs associated with your purchase or use of the Services, excluding taxes imposed on our net income.

4.4 We may issue invoices, recurring charges, top-up requests, debit requests, payment links, subscription renewals, portal charges, or other charges for any fees, committed spend, pass-through costs, media spend, setup charges, usage charges, credit purchases, domain fees, or other amounts payable by you. Payment for the Website Services, Domain Services, AI Credits and the Reseller Programme is processed by Stripe; we do not store your card details.

4.5 If any invoice or charge is not paid when due, we may, without limiting any other right or remedy: charge default interest at 2% per month, calculated daily and compounding monthly, or the maximum rate permitted by law, whichever is lower; charge reasonable recovery, administration, legal, or collection costs; suspend, restrict, or delay the Services; suspend campaigns, ad spend, portal access, reporting, automations, outreach sequences, integrations, hosting, or deliverables; revoke access to software, dashboards, portals, or white-label systems; require prepayment or additional payment security; or offset any amount owed to us against any credit, rebate, refund, payout, or other amount otherwise payable by us to you.

4.6 If you dispute an invoice, you must notify us promptly and in any event before the due date. You must still pay any undisputed portion on time.

4.7 Unless expressly stated otherwise, any third-party media spend, platform spend, software spend, contractor spend, registry or registrar fee, processing fee, or pass-through cost incurred for your account is payable by you in addition to our service fees.

5. Your Responsibilities

5.1 You agree to: provide accurate, complete, and up-to-date information, materials, access credentials, and instructions; provide timely approvals, feedback, and decisions; ensure that all information, materials, claims, offers, and instructions you provide are lawful, accurate, and not misleading; ensure that all content, campaigns, customer journeys, promotions, funnels, websites, outreach, data practices, and marketing activity used by you comply with applicable laws in the jurisdictions in which you operate, market, or target (including relevant consumer-protection, advertising, disclosure, direct-marketing, telemarketing, privacy and electronic-messaging laws); ensure you have lawful rights to all content, materials, intellectual property, and personal information you provide to us or ask us to use; review and approve deliverables, content, campaigns, assets, copy, configurations, automations, outreach messages, websites, and outputs before publication, sending or deployment where approval is requested or reasonably required; maintain appropriate internal records, disclosures, notices, consents, and permissions; and cooperate reasonably with our requests relating to support, security, payment, compliance, legal, privacy, operational, or technical matters.

5.2 You are responsible for the consequences of your instructions, your approvals, your delays, your content or materials, your customer, lead or prospect data, your outreach, your legal compliance, and any use of the Services by your personnel, contractors, agents, or authorised users.

5.3 If you fail to provide information, feedback, approvals, assets, access, or cooperation when reasonably required, we may pause work, extend timeframes, reprioritise deliverables, charge additional fees for additional work or rework, and deem milestones, drafts, or deliverables approved after a reasonable review period.

5.4 While we take reasonable steps to comply with applicable laws that apply to us, we do not assess or determine whether your activities are lawful in every jurisdiction in which you use or engage the Services. You are responsible for ensuring that your use of the Services complies with applicable laws in each relevant jurisdiction.

6. Third-Party Services, Platforms, AI, and Subcontractors

6.1 We may use third-party tools, platforms, software, AI models, APIs, white-label systems, hosting providers, communications tools, analytics platforms, content tools, automations, payment providers, registrars, subcontractors, contractors, or service providers to deliver the Services (together, "Third-Party Services"). A current list of the principal providers is published in our Privacy Policy.

6.2 You acknowledge and agree that Third-Party Services operate independently of us; we do not control their availability, performance, outputs, reliability, compliance, security, pricing, or policies; they may change, fail, suspend, restrict, remove features, or alter functionality without notice; your use of them may be subject to their own terms, policies, and privacy notices; and, although we may use reasonable efforts and human review to sense-check outputs, we are not liable for errors, omissions, downtime, policy decisions, removals, inaccurate outputs, or consequences caused by Third-Party Services.

6.3 We may use AI-assisted systems to help generate ideas, drafts, reports, recommendations, summaries, content suggestions, websites, images, outreach message drafts, call scripts, campaign improvements, automations, or operational efficiencies.

6.4 You acknowledge and agree that AI-generated or AI-assisted outputs may contain inaccuracies, omissions, bias, hallucinations, outdated information, or unsuitable recommendations; may require human review, editing, or validation before use; that you remain responsible for final review and approval of materials and outputs used in your business, including any message, script or website generated about a third party before it is sent, spoken or shared; and that, to the extent permitted by law, we do not warrant or guarantee that AI-assisted outputs will be error-free, legally compliant, unique, accessible, or fit for your intended purpose.

6.5 We may engage subcontractors, contractors, specialists, agencies, or white-label providers to perform some or all of the Services.

7. Intellectual Property and Licence

7.1 Each party retains ownership of its pre-existing intellectual property, materials, systems, templates, know-how, methodologies, trade marks, confidential information, software, data, and documentation.

7.2 We retain all rights, title, and interest in and to our methodologies, systems, know-how, templates, frameworks, prompts, workflows, automations, consent and eligibility logic, reporting structures, dashboards, scripts, internal tools, software environments, the website-builder platform and editor, the prospecting and automation engine, and our service-delivery methods; any general improvements, learnings, techniques, or non-client-specific developments created in connection with the Services; and any pre-existing or independently developed material used in providing the Services.

7.3 Subject to full payment of all amounts owing, we grant you a non-exclusive, non-transferable licence to use final deliverables specifically created for you for your internal business purposes, unless otherwise stated in writing. (Ownership of a website generated through the Website Services is dealt with in Part 3; the position for demonstration websites built from a third party's content is dealt with in Part 5.)

7.4 Unless expressly agreed otherwise, you do not acquire ownership of our underlying methods, frameworks, prompts, templates, automations, systems, or platform structures; you may not resell, sublicense, white-label, reverse engineer, extract, copy, or commercially exploit our underlying service-delivery systems except as expressly permitted under the Reseller Programme in Part 4; and any access we provide to software, dashboards, portals, or automations is licensed, not sold.

7.5 You grant us a non-exclusive, worldwide, royalty-free right to host, reproduce, adapt, modify, store, process, transmit, and otherwise use any materials, data, instructions, content, or intellectual property you provide to us as reasonably necessary to provide the Services.

7.6 Unless you expressly request otherwise in writing, we may refer to you as a client and may use anonymised results, non-confidential work examples, or high-level case-study information for marketing, portfolio, benchmarking, training, or business-development purposes, provided we do not unlawfully disclose your confidential information.

7.7 Platform data. We may use data generated through your use of the Services in aggregated or de-identified form to operate, secure, benchmark and improve the Services, including to tune cost estimates and detect abuse. We do not use your client lists, prospect lists or outreach content to market to your clients or prospects on our own account.

8. Client Content, Data, and Legal Responsibility

8.1 You warrant that all content, claims, offers, promotions, customer journeys, lead magnets, campaigns, websites, outreach messages, and materials you provide, approve, send, or ask us to publish are lawful, are not misleading or deceptive, comply with applicable laws (including advertising, privacy, anti-spam, telemarketing, consumer, and intellectual-property laws) and platform rules, do not constitute, facilitate, or promote any pyramid selling scheme, unlawful trading scheme, or other non-compliant incentive structure, and do not infringe third-party rights.

8.2 You remain solely responsible for the legal compliance of your business, campaigns, offers, websites, outreach, and customer communications; the lawfulness of your data collection and use; the legality of your disclosures, privacy notices, and consent flows; and final review and approval of all public-facing claims and content.

8.3 We may refuse to publish, send, host, implement, or continue any content, campaign, website, automation, outreach sequence, or instruction that we reasonably believe may be unlawful, misleading, infringing, high-risk, or harmful.

9. Privacy and Data Protection

9.1 We collect, use, store, and disclose personal information in accordance with applicable law (including the Privacy Act 2020) and our Privacy Policy, as updated from time to time.

9.2 Where you provide personal information to us, or instruct us to handle personal information in connection with the Services, you must ensure you have lawful authority to do so and that the disclosure and the intended use are permitted under applicable law. This includes personal information about businesses and individuals you add to, or contact through, the Prospecting Services.

9.3 You acknowledge that we may use third-party service providers (including hosting, analytics, communications, AI, payment, registrar, and platform providers) to support the Services, and that those providers may process personal information as part of delivering the Services, in New Zealand or in other jurisdictions where they operate. Where required by applicable law, the parties may agree to enter into additional data-processing terms.

9.4 Requests from third parties. If an individual or business contacts you asking to be removed from your outreach, to have a demonstration website taken down, or to exercise a privacy right in respect of information held on the platform, you must action it promptly and, where it concerns data held by us, notify us at hello@penguinpilot.ai so that we can give effect to it across the platform. You must not obstruct or discourage such a request.

10. Confidentiality

10.1 Each party must keep confidential all confidential information disclosed by the other party and must not use or disclose it except as necessary to perform or receive the Services, with the other party's consent, where required by law or regulatory requirement, or to its professional advisers, contractors, or service providers on a need-to-know basis and subject to appropriate confidentiality obligations.

10.2 "Confidential information" means any information (in any form) disclosed by or on behalf of a party that is confidential in nature or that a reasonable person would understand to be confidential, but does not include information that is or becomes public other than through breach, was already lawfully known to the receiving party, is lawfully received from a third party without breach, or is independently developed without use of the disclosing party's confidential information.

10.3 You acknowledge that our platform configurations, pricing structures, workflows, internal templates, service methods, consent and eligibility logic, and technical or operational know-how may constitute our confidential information.

11. Warranties and Disclaimers

11.1 We will provide the Services with reasonable care and skill.

11.2 Except to the extent required by applicable law, the Services are provided "as is" and "as available".

11.3 We do not warrant that the Services will be uninterrupted, error-free, or available at all times; that any campaign, website, outreach sequence, or activity will achieve a particular result; that any lead volume, conversion rate, revenue, income, ranking, traffic, or marketing performance will be achieved; that any platform, automation, integration, website, dashboard, ad account, AI system, or Third-Party Service will function without issue; that any compliance, consent, suppression or eligibility control will be complete, accurate, or sufficient for your legal obligations; or that any deliverable or recommendation will be suitable for your legal, commercial, or technical requirements without your own review.

11.4 You acknowledge that marketing, advertising, outreach, and website outcomes depend on many factors outside our control, including your offer quality, pricing, competition, customer demand, market conditions, ad-spend levels, brand reputation, website performance, follow-up processes, deliverability, carrier and mailbox provider behaviour, and sales execution.

11.5 The Services are acquired in trade. To the maximum extent permitted by law, the guarantees and rights under the Consumer Guarantees Act 1993 do not apply, and, to the extent permitted by section 5C of the Fair Trading Act 1986, the parties agree to contract out of sections 9, 12A, 13, and 14(1) of that Act. You agree that it is fair and reasonable to be bound by this provision.

12. Limitation of Liability

12.1 To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, exemplary, punitive, or consequential loss or damage, or for any loss of profits, revenue, income, business, goodwill, opportunity, anticipated savings, customers, or data.

12.2 To the maximum extent permitted by law, we are not liable for any cost, loss, damage, claim, delay, penalty, fine or failure arising from or relating to Third-Party Services; AI-assisted outputs; advertising-platform suspensions, rejections, or policy changes; hosting downtime, unavailability, or shared-infrastructure performance; your domain, DNS, or hosting configuration; your content, instructions, approvals, data, campaigns, offers, websites, outreach, or customer practices; any regulatory action, complaint, penalty or claim arising from messages you send or cause to be sent, or calls you make, through the Services; delays or failures caused by you or your suppliers; force majeure events; or matters outside our reasonable control.

12.3 To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with the Services or these Terms is limited to the total fees actually paid by you to us in the three (3) months immediately preceding the event giving rise to the claim.

12.4 Nothing in these Terms limits or excludes liability to the extent it cannot lawfully be limited or excluded.

13. Indemnity

13.1 You indemnify and hold harmless us, our directors, officers, employees, contractors, subcontractors, and affiliates from and against any claims, liabilities, losses, damages, costs, expenses, penalties, fines, interest, or legal fees arising out of or in connection with: content, claims, materials, campaigns, websites, offers, messages, call scripts, or instructions you provide, approve, send, or authorise; your breach of these Terms; your misuse of the Services; your breach of confidentiality, privacy, advertising, consumer, intellectual-property, anti-spam, telemarketing, or other laws (to the extent permitted by law); any investigation, enforcement action, penalty or claim by a regulator, carrier, mailbox provider or individual in connection with electronic messages sent or calls made through your account; any claim by a business whose website, content, imagery, logo or branding was used to generate a demonstration website through your account; and third-party claims relating to your advertising, branding, campaigns, websites, data practices, customer communications, prospecting, or offers.

13.2 We are not required to accept any settlement that imposes liability or obligations on us without our consent.

13.3 This indemnity survives termination.

14. Suspension and Termination

14.1 We may suspend or terminate the Services immediately if you fail to pay fees when due; breach these Terms; engage in unlawful, unethical, misleading, abusive, or high-risk activity; misuse the Services or any Third-Party Services; generate an unusual volume of complaints, bounces, spam reports, takedown demands or opt-out requests; attempt to circumvent any compliance, consent, suppression, rate-limiting or eligibility control; or create legal, security, payment, reputational, or operational risk for us or our providers.

14.2 We may also suspend the Services where reasonably necessary for maintenance, security, fraud prevention, compliance, provider outages, technical issues, or investigation of suspected misuse.

14.3 Where practical and lawful we will tell you why we have suspended or terminated, and what you would need to do to have access restored. We are not obliged to do so where notice would prejudice an investigation or breach a legal obligation.

15. Effect of Termination

15.1 On termination or expiry: your right to use the Services, portals, software environments, and licensed materials may cease immediately; you must pay all outstanding amounts; we may disable automations, dashboards, integrations, campaigns, websites, outreach sequences, and related service access; and we may retain records, logs, communications, billing records, support records, consent and outreach records, and legal/compliance records as reasonably necessary. Except where we terminate for a serious breach, unlawful activity, or a security or fraud risk, we will keep your login active for the export window in clause 15.2. (Website Services data retention on cancellation is covered in Part 3; domain positions are covered in Part 6.)

15.2 Export. For 30 days after termination of the Website Services you may export, from your account, the published content of your sites, your client and contact records, and your billing history, in the formats we make available. We may, but are not obliged to, provide further transition assistance, handover, or migration support; if we do, additional fees may apply.

15.3 Termination does not affect any accrued rights, liabilities, fees, payment obligations, indemnities, confidentiality obligations, IP protections, or any provision that by its nature is intended to survive.

16. Force Majeure

16.1 We are not liable for delay or failure to perform caused by events outside our reasonable control, including natural disasters, acts of God, war, terrorism, civil unrest, governmental action, internet outages, power failures, cyber incidents, major supplier failures, third-party platform failures, labour disruptions, or global service interruptions.

17. Assignment

17.1 You may not assign, transfer, novate, subcontract, or otherwise deal with your rights or obligations under these Terms without our prior written consent.

17.2 We may assign, transfer, novate, subcontract, or otherwise deal with our rights or obligations to an affiliate, successor, purchaser, or service-delivery partner.

18. Notices

18.1 Notices must be in writing and may be sent by email, client-portal notification, or other reasonable written method.

18.2 Our notices may be sent to the email address or other contact details you have provided to us.

18.3 Your notices to us must be sent to: The Network Software Ltd, trading as PenguinPilot, Email: hello@penguinpilot.ai.

19. Relationship of the Parties

19.1 Nothing in these Terms creates a partnership, joint venture, agency, employment relationship, fiduciary relationship, or exclusive relationship between the parties, except for the limited agency described in clause D1.2 (submitting domain registration requests to a registrar on your behalf).

19.2 We act as an independent service provider. You remain responsible for your own business decisions, legal compliance, customer relationships, and commercial outcomes.

20. Changes to these Terms

20.1 We may update these Terms from time to time. For changes that materially reduce your rights or materially increase your obligations, we will give at least 30 days' notice by email or in-platform notice before the change takes effect.

20.2 If you do not accept a material change, your remedy is to stop using the affected Service and cancel before the change takes effect. Continuing to use the Service after the effective date means you accept the change.

20.3 Changes required by law, or needed urgently for security or to comply with a provider's requirements, may take effect immediately.

21. General

21.1 No waiver. A failure or delay by either party to enforce any right does not waive that right.

21.2 Severability. If any provision of these Terms is found invalid, illegal, or unenforceable, that provision will be read down or severed to the minimum extent necessary and the remainder will continue in full force.

21.3 Entire agreement. These Terms, together with any applicable written commercial terms expressly incorporated by reference, form the entire agreement between the parties in relation to the Services and supersede all prior discussions, communications, understandings, and representations relating to the Services. You acknowledge you have not relied on any representation, forecast, estimate, or statement not expressly set out in these Terms or in any applicable written commercial terms. Nothing in this clause limits liability for fraud or fraudulent misrepresentation to the extent it cannot lawfully be excluded.

22. Governing Law and Dispute Resolution

22.1 These Terms are governed by the laws of New Zealand.

22.2 The parties will first attempt to resolve any dispute by good-faith negotiation, and, if not resolved, by mediation in New Zealand before commencing court proceedings, unless urgent interlocutory or injunctive relief is required.

22.3 Subject to clause 22.2, the parties submit to the non-exclusive jurisdiction of the courts of New Zealand.

22.4 Nothing in these Terms prevents us from taking action in any jurisdiction where reasonably necessary to recover amounts owed, protect our rights, protect our platforms or providers, or obtain urgent relief.

PART 3 — WEBSITE BUILDER & HOSTING

(These apply where you use our self-serve AI website builder and hosting product at penguinpilot.ai — the "Website Services". They add to the General Terms.)

W1. What the Website Services are

W1.1 The Website Services let you enter the address of an existing website; we scrape its publicly accessible content, and our AI generates a new multi-page website from it. You can edit that website in our visual editor and, on a paid subscription, publish and host it — either on a subdomain of our neutral hosting domain (see W1.3) or on your own custom domain.

W1.2 Your first generation and preview of a site is free. Further AI actions (regenerating pages, chat edits, image generation) are metered against your AI credit balance under Part 8. Publishing and hosting require payment. We may add, change, or remove features at any time.

W1.3 The neutral hosting domain. Sites published through the Website Services are served by default on subdomains of website-enquiry.com, a neutral domain we operate. We use a neutral domain rather than a PenguinPilot-branded one so that hosted sites and white-label reseller clients are not branded with our name. You may instead serve your site on a custom domain under clause W8.

W2. The website you enter, and content you provide

W2.1 When you enter a website address or upload content, you warrant that you own that content or have the right to use it — including its text, images, logos, and branding — and that our copying it into a new site will not infringe anyone's rights.

W2.2 You must not enter a website, or upload content, that you have no right to use, or that is unlawful, infringing, misleading, or in breach of clause W7 (Acceptable use). If a scraped page contains personal information, you are responsible for having the right to use it.

W2.3 Your indemnity in clause 13.1 applies in full to the website you enter and the content you upload, generate, publish, or host through the Website Services.

W2.4 Entering a website you do not own. Where you enter the address of a business you do not own or represent, in order to generate a demonstration website for prospecting purposes, Part 5 applies in addition to this Part, and the warranty in W2.1 is replaced by the narrower position in clause P5.2.

W3. AI-generated websites — provided "as is"

W3.1 Our AI generates your website automatically from the content you supply. It is your website to review before you publish it.

W3.2 We do not guarantee that generated content is original, accurate, error-free, accessible, legally compliant, or good for search engines. You are responsible for reviewing your site before publishing and for ensuring it is accurate, lawful, and fit for your purpose. AI output is provided as is, consistent with clauses 6.3–6.4 and 11.

W3.3 Regulated claims. AI-generated copy may include statements about qualifications, certifications, licences, awards, experience, guarantees, pricing or results. You must review and correct these before publishing. You are responsible for ensuring published content complies with the Fair Trading Act 1986 and any rules applying to your industry (including any licensing, registration, health, financial-services or professional-advertising rules).

W4. Who owns the generated site

W4.1 The site we generate for you from your content is yours to use, edit, and publish through the Website Services when you sign up, otherwise it is deleted. You may keep hosting it with us on a paid subscription.

W4.2 We own the platform, editor, templates, software, and everything that makes the Website Services work. Nothing here transfers those to you.

W4.3 Clause W4.1 does not apply to a demonstration website generated from a third party's content; see clause P5.

W5. Pricing, billing, and publishing

W5.1 Pricing is advertised based on the then current pricing advertised, per month, billed through Stripe as one subscription whose quantity automatically matches the number of sites you host. Add a live site and your bill goes up; remove one and it goes down.

W5.2 Publishing depends on payment. You may only publish and stay live while your subscription is active or trialing. If payment fails or the subscription lapses, publishing is blocked and your live sites can be taken offline. If your paid slots drop below the number of sites you have live, the number of websites below the payment amount will be unpublished.

W6. Hosting, uptime, and performance — no guarantees

W6.1 Hosting is shared. Your site runs on shared infrastructure alongside other customers' sites. Resources are shared and not reserved for you.

W6.2 We do not guarantee uptime, availability, "site time", speed, or performance. The Website Services are provided on a reasonable-efforts basis and may be slow, interrupted, or unavailable — including for maintenance, upgrades, outages, or matters outside our control. We may carry out maintenance and may suspend or limit the Website Services at any time, and will try to give notice where practical.

W6.3 We do not guarantee any business outcome — no income, sales, enquiries, traffic, search-engine ranking, visibility, or results of any kind — from using the Website Services or hosting a site with us. If you need guaranteed uptime or performance, the Website Services are not the right product for you.

W7. Acceptable use and takedown

W7.1 You must not use the Services to create, publish, host, send, or facilitate anything that:

(a) is unlawful, infringing, defamatory, deceptive, or in breach of the Fair Trading Act 1986; (b) infringes anyone's intellectual property, privacy, or other rights; (c) is malware, phishing, or spam, or is used to attack or mislead others; (d) sexually exploits minors, or promotes violence or hatred; (e) breaches Stripe's or our other providers' rules, or the acceptable-use rules of any messaging, carrier, registrar or social platform we route your activity through; (f) impersonates another business or person, or presents a website as being the official website of a business that has not authorised it; (g) places an unreasonable load on our infrastructure, or attempts to circumvent rate limits, credit metering, suppression lists, cooldowns or eligibility checks; (h) scrapes, harvests, or crawls any website or service in breach of that service's terms, robots directives, or applicable law; or (i) promotes or relates to any industry we notify as prohibited, which currently includes adult services, gambling, weapons, illicit drugs, high-risk financial products, debt relief, payday lending, multi-level marketing recruitment, and health claims requiring regulatory approval.

W7.2 You are responsible for everything published on your sites and everything sent from your account. We may remove content, cancel queued messages, and suspend or take down any site, sequence or account, immediately and without notice, if we reasonably believe it breaches this clause or the law, or to protect the Services or others. We do not monitor sites or messages and are not responsible for what customers publish or send.

W7.3 Takedown requests. If a third party notifies us that a site hosted through your account infringes their rights, misuses their content or branding, or presents itself as their business, we may take that site offline while we investigate, and we may require you to substantiate your right to use the content before restoring it.

W8. Custom domains

W8.1 You may serve your site on your own domain. Where you bring a domain you already own, you keep ownership and control of it, you set up the required DNS records at your own provider (optionally assisted by our guided setup), and we are not responsible for downtime, delays, or failures caused by your domain, DNS provider, or misconfiguration.

W8.2 You may also purchase a domain through the platform. Domains purchased through the platform are governed by Part 6.

W9. Forms and enquiries

W9.1 If you add a form to your site, submissions are stored against your site and shown to you in-app, and we send notification emails on your behalf with the submitter set as reply-to. Notification email is sent from a neutral sending address, or from your reseller's branding where clause R1.2 applies.

W9.2 The people submitting those forms are your contacts. In practice you decide how that enquiry data is used, so you are its controller and are responsible for handling it lawfully, including under the Privacy Act 2020. We act as your processor for that data — we store it and pass on notifications on your behalf and do not use it for our own purposes.

W9.3 Enquiry-form data must not be added to outreach sequences under Part 5 unless the submitter's consent, or another lawful basis, covers that use.

W10. Live property listings and republished third-party content

W10.1 The Website Services can fetch listings, reviews and similar content from a third-party source you nominate (for example a property portal or a reviews profile) and republish it on your site on a recurring basis.

W10.2 You warrant that you have the right to republish that content, including any listing data, photography, descriptions and review text, and that doing so does not breach the source platform's terms of use, its robots directives, or any third party's rights.

W10.3 We do not verify the accuracy, currency, completeness or licensing of republished content. Listings and reviews may be out of date, incomplete, or incorrect. You are responsible for what appears on your site.

W10.4 The source platform may change its structure, block access, or withdraw availability at any time and without notice. We do not guarantee that any sync will continue to work, and we are not liable for interruptions, gaps, stale content, or the loss of a source.

W10.5 We may suspend a sync where we reasonably believe it breaches a source platform's terms or applicable law.

W11. Cancellation and data retention

W11.1 You may cancel at any time from your account. Cancelling stops future billing; we do not refund the current period.

W11.2 When a subscription lapses or an account is cancelled, your affected sites are taken offline. We keep your sites and account data for 30 days so you can reactivate or export within that window (see clause 15.2 for what you can export). After 30 days we may permanently delete them, and deleted data cannot be recovered. It is your responsibility to keep your own copies of anything you want to retain.

W11.3 Cancelling the Website Services does not cancel, transfer or refund any domain registered under Part 6.

PART 4 — WHITE-LABEL RESELLER PROGRAMME

(These apply if you join the PenguinPilot reseller programme to resell the Website Services under your own brand — the "Reseller Programme". They add to the General Terms and to Part 3, and, where you use the prospecting tools, to Part 5. This programme is separate from any white-label platform used to deliver the Marketing Services under Part 2.)

R1. What the Reseller Programme is

R1.1 As a reseller you get a branded storefront (at a platform address such as /p/your-slug, or on your own domain where you connect one) where your own clients can sign up, get websites built, and pay you directly for hosting. You set your own brand, pricing, and client relationship. We provide the platform underneath. Reseller branding includes your logo, colours, headline, tagline, and support email; slugs are validated and certain platform names are reserved.

R1.2 White-label integrity. Your clients are not shown PenguinPilot branding in the ordinary course, including on login screens, password-reset emails and transactional mail, which are branded to you or to a neutral "Website Manager" identity. This is a presentation feature, not a change to who provides the underlying platform. We may identify ourselves to your clients where we reasonably need to — for example to respond to a legal request, to handle a security or abuse issue, to give notice under clause R7.2, or where required by law or a provider's rules.

R2. You are independent — not our agent

R2.1 You act as an independent contractor. You are not our agent, partner, employee, or representative, and you cannot bind us or make promises on our behalf. You contract with your clients in your own name and on your own account.

R2.2 Your clients are your customers, not ours. We have no payment contract with them. We do host their sites and hold their data on the platform, and we may need to act on that data to run or protect the Services.

R3. Your responsibilities to your clients

R3.1 You are solely responsible, in your own market and under your own local law, for: your retail pricing, invoicing, and any promises you make to clients; refunds, chargebacks, cancellations, and disputes with your clients — these are yours to handle, not ours; tax (including GST/VAT/sales tax) on what you charge your clients, and your own tax registrations; support to your clients and your consumer-law, privacy, and advertising obligations to them; and everything published on your storefront and by your clients through your portal, under clause W7 (Acceptable use).

R3.2 Your own legal documents. The platform lets you publish your own terms and privacy policy to your clients. If you do:

(a) you are responsible for their content, accuracy, and legal sufficiency in your market; (b) they must not contradict these Terms, promise anything on our behalf, or purport to give your clients rights against us; (c) they must accurately describe that websites are hosted on third-party infrastructure, that a platform provider processes client data to deliver the service, and how a client can exercise privacy rights; (d) they must include a privacy policy that meets the minimum requirements of the law applying to your clients; and (e) if you publish none, we may display a neutral default set on your behalf so that your clients are not left without terms.

R3.3 Access to your clients' sites. You may preview, edit and publish your clients' sites through the platform. You must only do so for the purpose of providing your service to that client, must tell your clients that you have this access, and must not use access to a client's site or data for any unrelated purpose.

R4. What you pay us (wholesale)

R4.1 Regardless of what you charge your clients, you pay us: Hosting — as per advertised rate per live site, per month for every live site attributed to your account; and an AI generation charge each time a site is built through your portal — based on AI credits you buy. Credit usage will vary depending on the complexity of the site.

R4.2 Wholesale charges also apply to the Social Publishing add-on (clause S6) and to domains purchased through your account (clause D8). All reseller pricing and charges are in US dollars.

R4.3 You owe us these wholesale and generation fees whether or not your client pays you. If a client does not pay you, that is between you and them and does not reduce what you owe us. Consistent with clause 4.5, we may withhold, set off, or deduct amounts you owe us against funds flowing through your connected account, and unpaid fees may lead to suspension.

R5. Your retail pricing

R5.1 You set your monthly hosting price to your clients, in USD. It must be at least our charged amount per site — we will reject prices below wholesale — and within any ceiling we set as a sanity check. Your clients pay no design fee; they pay you for hosting and for AI credits at your markup.

R5.2 You may set your own margin on AI credits, social publishing licences and domain purchases, within any floor and ceiling we configure. Your currency selection is locked once you have clients.

R6. Payments via Stripe Connect

R6.1 Your clients pay you directly through Stripe Connect (Express) direct charges on your own connected account. You are the merchant of record for those payments — not us.

R6.2 You must complete Stripe Express onboarding and identity verification (KYC) before you can take payment. Until then, your clients cannot publish. You are bound by the Stripe Connected Account Agreement and Stripe's rules in addition to these Terms; if there is a conflict about a Stripe payment, Stripe's terms apply to that payment. You are responsible for chargebacks, refunds, and negative balances on your connected account.

R6.3 A client can only publish if both your account is active with charges enabled and the client's own hosting subscription is active or trialing.

R7. Reseller status, suspension, and your clients

R7.1 Reseller accounts move through onboarding, active, and disabled states. If your account is disabled or you leave the programme — for breach, non-payment, failed KYC, or your choice — your storefront stops taking new sign-ups and your clients may be unable to publish or stay live.

R7.2 We may, at our discretion, take over, transition, suspend, or wind down your clients' sites and billing to keep those clients online or to close things down fairly, but we are not obliged to. Where we do, we may contact your clients directly and identify ourselves as the platform operator. You remain liable for fees owed up to that point.

R7.3 Exit. On leaving the programme you may export your client list, site content and billing history for 30 days under clause 15.2. You must give your clients reasonable notice of any change or discontinuation of their service.

R8. Reseller liability

R8.1 Your indemnity in clause 13.1 extends to your storefront, your clients' content, your own published legal documents, and all outreach conducted through your account. To the fullest extent the law allows, you indemnify us against claims, losses, and costs arising from your reseller activity — including your pricing, refunds, tax, client disputes, your outreach, and anything published through your portal. The limitation of liability in clause 12 applies in our favour to the Reseller Programme.

R8.2 Nothing in your arrangements with your clients may purport to transfer to us any obligation you owe them, or give them a direct claim against us.

PART 5 — PROSPECTING, OUTREACH AND WINGMAN AUTOMATION

(These apply where you use the platform's business discovery, demonstration-website, CRM or outreach drafting features — the "Prospecting Services". They add to the General Terms and to Part 3. This is the most important Part to read.)

P1. What the Prospecting Services are

P1.1 The Prospecting Services let you search for businesses by industry and location, fetch and analyse their publicly accessible websites, generate a demonstration website for a business, keep those businesses as records in a CRM, and build sequences ("Wingman sequences") that prompt you through research, demonstration builds, phone calls, text messages, emails and waiting periods.

P1.2 Wingman is a drafting and organising assistant. It helps you decide who to approach and prepares message drafts for you. It does not choose who you contact, and it does not contact anyone.

P2. We draft. You send.

P2.1 We do not send your outreach. Wingman prepares a draft and hands it to you:

(a) Text messages — Wingman may draft a text for you, and it's you who copies it into your own messaging application, on your own phone, and you send it from your own number. (b) Emails — Wingman may draft an email for you, and you open it in your own email system, and you send it from your own mailbox and your own address. (c) Phone calls — you dial and you speak. Any script is a suggestion.

P2.2 We do not transmit, relay or queue your outreach messages, and we have no ability to send one once you have chosen not to. You are the sender — of every message and every call — including for the purposes of the Unsolicited Electronic Messages Act 2007, the Australian Spam Act 2003, CAN-SPAM, and any equivalent law. Replies come to you, not to us.

P2.3 You are responsible for the message you actually send, including any changes you make to a draft before sending, and for your own mailbox, messaging and telephone provider's rules.

P2.4 You must not present a message, sender name or caller identity so as to misrepresent who is contacting the recipient, or to suggest a message comes from us, from the recipient's own business, or from anyone who has not authorised it.

P3. Your responsibility for lawful outreach

P3.1 The platform may ask you to confirm that you have permission to contact the people during sequences. That confirmation is a warranty you give us under clause 2.8 of the general terms.

P3.2 You warrant that your outreach complies with the law of the recipient's country and your own — including any requirement to have consent or another lawful basis, to identify yourself accurately, to tell recipients how to stop hearing from you, to honour a request to stop, and to comply with telemarketing and do-not-call rules.

P3.3 What goes into your messages is yours. We prepare drafts to help you; we do not warrant that a draft is complete or compliant, and it is for you to review, edit and add whatever your obligations require before you send it.

P3.4 If a recipient asks you to stop — by any means, at any time — you must stop immediately and permanently, and must not resume through another channel.

P4. Our controls are assistive only

P4.1 The platform includes controls intended to reduce risk. These may include recording where a contact detail was published, excluding constructed or third-party-supplied addresses, checking a business's website for statements declining unsolicited messages, a platform-wide suppression list, a cooldown period preventing the same business being approached twice, restrictions on which countries certain features are available for, expiry of evidence, and the declaration in P3.1.

P4.2 These controls are assistive only. They are not legal advice, not a compliance guarantee, based on automated analysis that may be incomplete or wrong, and may change or be withdrawn at any time. Clauses 1.7 and 11.3 apply. The platform allowing something does not mean it is lawful for you to do it in your jurisdiction.

P4.3 No circumvention. You must not bypass, disable or work around any suppression list, cooldown, eligibility check, country restriction, rate limit or credit control — including by re-importing excluded contacts, using multiple accounts, or exporting contacts to defeat a suppression entry. This is a material breach.

P4.4 Suppression is permanent and platform-wide. Where a business or individual asks to be suppressed, that applies across every account on the platform, and you must not contact them again using data obtained from the platform. You must pass any request you receive to optout@penguinpilot.ai.

P4.5 You can also stop or remove a contact from a sequence, or pause a whole sequence, at any time. That is a convenience for you; it is not the same as suppression, and it does not discharge your obligations under P3.

P5. Demonstration websites

P5.1 The platform can generate a demonstration website for a business you do not own or represent, using content, imagery and branding from that business's publicly accessible website.

P5.2 Your warranty. Clause W2.1 does not apply. Instead you warrant that the source site was publicly accessible, that you fetched it in a manner permitted by that site's terms and robots directives, and that you are acting in good faith to offer that business a service.

P5.3 Ownership. A demonstration is not yours. The underlying content, imagery, logos and trade marks remain the property of the business they came from. If that business signs up and claims it, it becomes theirs. They can click to delete the site immediately and it will be deleted from the platform.

P5.4 You must not publish or index a demonstration, serve it on a domain that could be mistaken for the business's own, present it as their official or authorised website, use it in advertising or portfolios without their written permission, or remove any notice identifying it as an unofficial concept prepared by you.

P5.5 Demonstrations are shared by unguessable private link, are marked to discourage search-engine indexing, and expire within 30 days. Unclaimed websites are automatically deleted after 60 days.

P5.6 Takedown. If the business whose content was used asks for the demonstration to be removed, it will be removed promptly and permanently and that business will be suppressed.

P5.7 Your indemnity under clause 13.1 extends to any claim by that business, including for copyright or trade mark infringement, passing off, misleading conduct, or breach of privacy.

P6. Prohibited targets and conduct

P6.1 You must not use the Prospecting Services to contact, or build demonstrations for: individuals in a personal rather than business capacity; government agencies, emergency services, hospitals or schools; anyone who has asked not to be contacted; or any business in an industry prohibited under clause W7.1(i).

P6.2 You must not build, sell, rent or supply contact lists to third parties, or export platform data to defeat a suppression entry or cooldown.

P6.3 You must not send messages that are deceptive as to their origin or purpose, or that create false urgency about a supposed problem with a business's website.

P7. Limits, records and suspension

P7.1 We may apply and vary limits on searches, builds, drafts and sequence volume at any time, for legal, cost or platform-stability reasons.

P7.2 We record prospecting and outreach activity — including drafts prepared, sequence events, approvals, suppression and takedown requests — for audit, billing, abuse prevention and legal purposes. These are our records, and we may use and disclose them to investigate a complaint or respond to a regulator or provider.

P7.3 In addition to clause 14, we may immediately suspend or terminate access to the Prospecting Services and remove demonstration websites if we reasonably believe you have breached this Part, if we receive a credible complaint, or if your activity presents a legal or reputational risk to us. No refund is payable.

P8. Your data protection responsibilities

P8.1 The businesses and individuals in your CRM are your contacts. You decide why and how their information is used for your outreach, and you are responsible for handling it lawfully.

P8.2 We host that information to provide the platform, and we separately maintain suppression and cooldown records for our own compliance purposes. Those records are ours and survive the deletion of your account.

P8.3 If you receive a privacy request, complaint or regulatory enquiry about information held on the platform, tell us promptly at hello@penguinpilot.ai and cooperate with us in responding.

PART 6 — DOMAIN REGISTRATION

(These apply where you search for, register, renew, or manage a domain name through the platform — the "Domain Services". They add to the General Terms.)

D1. Our role

D1.1 We are not a domain registrar or registry. Domains purchased through the platform are registered through a third-party registrar, currently Name.com, under that registrar's agreements and the rules of the relevant registry and ICANN.

D1.2 We act as a reseller and as your agent for the limited purpose of submitting your registration, renewal and configuration requests to the registrar. The registrar's registration agreement, and the registry's and ICANN's rules, apply to your domain in addition to these Terms, and prevail over these Terms in respect of the domain itself.

D2. Registrant details and accuracy

D2.1 To register a domain you must provide accurate and complete registrant contact details, including name, postal address, email address and telephone number, and keep them current.

D2.2 You acknowledge that these details are transmitted to the registrar and may be published, escrowed or disclosed in WHOIS/RDAP and registry systems, in accordance with registry and ICANN policy, and may be disclosed to third parties who make a lawful request. We do not control that publication or disclosure.

D2.3 Providing false or unverifiable registrant details, or failing to respond to a registrar verification request, may result in your domain being suspended or cancelled by the registrar. We are not liable for that outcome.

D3. Fees, markups and non-refundability

D3.1 Domain pricing shown at checkout includes the registrar's fee plus our platform markup and, where the purchase is made through a reseller's account, that reseller's markup. Prices vary by top-level domain and may change without notice.

D3.2 Domain registrations, renewals, transfers and redemption fees are non-refundable once submitted to the registrar, including where you cancel your PenguinPilot account, cancel hosting, or no longer want the domain. This is because the fee is paid to the registrar and registry and cannot be recovered.

D4. Renewals

D4.1 Domains are registered for a fixed term and renew automatically unless auto-renewal is turned off before the renewal date. We will attempt to charge your payment method in advance of expiry.

D4.2 If a renewal payment fails, or your account is suspended for non-payment, your domain may expire. On expiry a domain typically stops resolving, then enters a redemption period during which recovery is possible only at a substantially higher fee set by the registry, and is then released for anyone to register.

D4.3 Keeping a domain registered is your responsibility. We may send reminders as a courtesy but we do not guarantee to do so, and we are not liable for the expiry, loss, or third-party registration of a domain, or for any consequence of that loss.

D5. Use, suspension and disputes

D5.1 You must not use a domain registered through us for any purpose prohibited by clause W7.1, or in a way that infringes a third party's trade mark or other rights.

D5.2 Domains are subject to dispute-resolution policies including the Uniform Domain-Name Dispute-Resolution Policy (UDRP) or the equivalent for the relevant TLD. You are responsible for defending any such dispute, and we may comply with any registrar, registry, court or dispute-resolution decision without liability to you.

D5.3 We may suspend or refuse to renew a domain where required by the registrar, registry, a court, or applicable law, or where the domain is being used in breach of these Terms.

D6. Transfers

D6.1 You may transfer a domain away to another registrar after any lock period required by registry rules has expired, subject to the registrar's process. We will not unreasonably prevent a transfer of a domain you have paid for in full.

D6.2 We may withhold assistance with a transfer while amounts are outstanding on your account, to the extent permitted by registrar and registry rules.

D6.3 Transferring a domain away does not refund any registration or renewal fee.

D7. DNS and configuration

D7.1 We configure DNS records needed to point a domain at a site hosted with us, and may offer a guided setup through a third-party provider. We do not guarantee propagation times, certificate issuance times, or that a third-party DNS provider will apply changes correctly.

D7.2 If you manage DNS elsewhere, you are responsible for your records, and clause W8.1 applies.

D8. Resellers

D8.1 Where a domain is purchased through a reseller's storefront, the reseller sets its own markup within any limits we configure, and the reseller is responsible for its client's registrant details being accurate and for explaining the non-refundable and auto-renewing nature of domain registrations to that client.

PART 7 — SOCIAL MEDIA PUBLISHING ADD-ON

(These apply where you use the scheduled social media publishing module attached to a hosted site — "Social Publishing". They add to the General Terms and Part 3. This is a self-serve software feature and is not the done-for-you Marketing Service in Part 2.)

S1. What Social Publishing is

S1.1 Social Publishing is a paid add-on that connects your social media accounts through a third-party connector, generates draft posts and images using AI according to a cadence and content settings you choose, schedules them, and publishes them to your connected accounts.

S1.2 Social Publishing is licensed per connected brand or account, with an included post allowance. Additional usage is metered against AI Credits under Part 8.

S2. Connecting accounts and access tokens

S2.1 To use Social Publishing you authorise us, and our connector provider, to access your social accounts on your behalf. We hold access and refresh tokens that allow posting to those accounts.

S2.2 You must have authority to connect each account, and must comply with the terms of each social platform, including its rules on automated posting, disclosure, and content.

S2.3 You may disconnect an account at any time from your account settings, and may also revoke access directly with the social platform. On disconnection we cease posting and delete or invalidate the tokens; scheduled posts for that account are cancelled.

S3. Content responsibility

S3.1 Posts are generated automatically and published on your behalf and in your name. You are responsible for reviewing scheduled content before it publishes, and for everything that is published to your accounts.

S3.2 AI-generated posts and images may be inaccurate, generic, off-brand, or unsuitable, and may inadvertently resemble third-party content. Clauses 6.3–6.4 and W3.3 apply.

S3.3 Where you upload example images so the platform can learn a visual style, you warrant you own or have the right to use those images, and that deriving a style from them does not infringe any third party's rights.

S4. No availability guarantee

S4.1 Social platforms change their APIs, rate limits, permissions and policies without notice, and may block, restrict, throttle, or remove posts or accounts. We do not guarantee that any post will publish, publish on time, remain published, or reach any audience.

S4.2 We are not liable for the suspension, restriction or loss of any social account, for failed or delayed posts, or for the consequences of a platform's policy decisions.

S4.3 We may suspend or discontinue support for any social platform at any time.

S5. Billing

S5.1 Social Publishing is billed as a recurring add-on alongside your hosting subscription. Cancelling stops future billing and future posting; we do not refund the current period. Scheduled posts stop at the end of the paid period.

S6. Resellers

S6.1 Resellers pay a wholesale licence fee per connected brand or account and may set their own retail price at or above the wholesale floor we configure. Clause R4.3 applies to social wholesale fees.

PART 8 — AI CREDITS

(These apply to the prepaid credit system that meters AI usage across the platform — "AI Credits". They add to the General Terms.)

C1. What AI Credits are

C1.1 AI Credits are a prepaid unit used to meter AI and third-party costs incurred by actions you take — including generating and regenerating pages, chat edits, image generation, business searches, website analysis, and message generation.

C1.2 Credits are a billing mechanism only. They are not money, not a deposit, not a stored-value or payment instrument, and carry no cash value.

C2. Purchase, expiry and refunds

C2.1 Credits are purchased in advance through Stripe. You may enable automatic top-up, which purchases a further credit bundle when your balance falls below a threshold you set.

C2.2 Credits are non-refundable and cannot be exchanged for cash, transferred between accounts, or redeemed other than by using the Services.

C2.3 Unused credits expire each month unless purchased as a one off, which expire in 12 months.

C2.4 Credits remaining when your account is closed or terminated are forfeited.

C3. Metering, estimates and failures

C3.1 The platform may show an estimated credit cost before certain actions. Estimates are estimates. Actual consumption is metered on work performed and may be higher or lower, depending on the size of a website, the number of pages, retries, and third-party pricing.

C3.2 A failed, cancelled, incomplete or unsatisfactory generation may still consume credits, because the underlying third-party cost has already been incurred. We may, at our discretion and without obligation, credit back consumption where a failure was caused by a defect on our side.

C3.3 We may change credit pricing, the credit-to-currency rate, per-action costs, and estimate models at any time. Changes apply to future purchases and future consumption, not retrospectively to credits already spent.

C4. Running out of credits

C4.1 If your balance reaches zero, credit-consuming actions stop and any running automations are paused. We may email you a low-balance or paused notice as a courtesy; we do not guarantee to do so, and it is your responsibility to maintain a sufficient balance.

C4.2 We are not liable for any consequence of an automation pausing, a build failing, or an action being blocked because of an insufficient credit balance.

C5. Fair use and abuse

C5.1 You must not attempt to manipulate metering, obtain credits without payment, exploit estimate errors, or use automated means to consume Services outside the intended user interface. We may reverse credits obtained in breach of this clause and suspend the account.

These Terms are written to be readable, not to trick you. If anything is unclear, ask us at hello@penguinpilot.ai before you rely on it.

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