Last Updated: 02 September 2025

1. Definitions

In these Terms and Conditions (the "Terms"), the following capitalized terms have the meanings set out below (unless the context requires otherwise):

• "Company" or "Utogi": Utogi Ltd, a New Zealand company (trading as Penguin Pilot), including its successors and assigns. Also referred to as "we", "us" or "our".

• "Penguin Pilot" or "Service": The Penguin Pilot progressive web application (PWA) and related software services provided by the Company. The Service is an AI-powered marketing content automation assistant for businesses and marketing agencies.

• "User" or "you": Any individual or entity who creates an account or uses the Service. If you use the Service on behalf of an organization (such as a marketing agency or a business), User includes that organization.

• "Client": For marketing agencies using the Service, a third-party business or individual on whose behalf the agency creates and manages marketing content using the Service.

• "Brand": A distinct business, product, or service profile created and managed within the Service, for which marketing content is generated.

• "Credits": The units consumed when using certain features of the Service, such as generating AI content, running reports, or performing other resource-intensive operations. Credits are allocated as part of a Subscription and can also be purchased separately.

• "Personal Information": Any information about an identifiable individual, as defined in the New Zealand Privacy Act 2020. This definition is also intended to align with "personal data" as defined under the GDPR.

• "Aggregated Data": Data or information related to the use of the Service that has been combined, anonymized, or de-identified such that it does not identify any individual User, Client, or any specific personal or confidential information.

• "Subscription": A paid plan for ongoing access to the Service (e.g. monthly or annual subscription) following any Free Trial.

• "Free Trial": A time-limited free-of-charge trial period during which the User may use the Service without paying Subscription fees.

• "Terms": These Terms and Conditions, including any schedules or appendices, as updated from time to time.

• "Privacy Policy": The Company’s Privacy Policy governing the collection and use of personal data, available below and/or on our website, as updated from time to time.

• "GDPR": The General Data Protection Regulation (EU) 2016/679 and the UK General Data Protection Regulation (as retained in UK law).

Other capitalized terms used in these Terms may be defined elsewhere in the text below. Headings are for convenience only and do not affect interpretation.

2. Acceptance of Terms

2.1 Binding Agreement: By registering for an account, accessing, or using the Service (including during a Free Trial), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Service. These Terms apply to any use of the Service, whether via a web browser, mobile device, or any other platform.

2.2 Authority: If you are accepting these Terms on behalf of an organization or employer (for example, a business or a marketing agency), you represent and warrant that you have the authority to bind that organization to these Terms. In that case, "you" and "User" will refer to the organization and its authorized users.

2.3 Age and Professional Status: The Service is intended for use by businesses and marketing professionals. By using the Service, you represent that (a) you are at least 18 years of age and legally capable of entering into contracts, and (b) you are authorized to use the Service on behalf of a business or marketing agency.

2.4 Business Use & Consumer Law: You agree and acknowledge that you are acquiring and using the Service in trade (for business purposes and not as a consumer). To the maximum extent permitted by New Zealand law, the parties agree that the provisions of the Consumer Guarantees Act 1993 do not apply to this Service. Both you and the Company also confirm that the Service is provided and acquired in trade, and accordingly, to the extent permitted by law, sections 9, 12A, and 13 of the Fair Trading Act 1986 (which relate to misleading and deceptive conduct and certain unfair practices) are contracted out of and do not apply. Nothing in this clause limits any rights which cannot be excluded by law.

3. Description of Service and No Marketing or Legal Advice

3.1 Service Description: Penguin Pilot is a software-as-a-service platform that uses artificial intelligence algorithms to assist businesses and marketing agencies with marketing content automation. The Service may, for example, analyze information you input and generate suggestions, draft text, image, video content or other outputs aimed at helping you create marketing content. Penguin Pilot is designed to support marketing efforts.

Depending on your Subscription tier, the Service may be subject to usage limits, primarily managed through Credits.

3.2 AI-Driven Tool: You acknowledge that the Service is AI-powered and operates largely through automated processing of data. While the AI is designed to provide useful and creative content, the outputs of the Service are generated by third party A.I algorithms and may occasionally produce incorrect, incomplete, or outdated information, or content that is not suitable for your specific marketing needs. The Service may make use of third-party AI or machine learning services to process data (as further described in the Privacy Policy). We do not guarantee that any content or information generated by the AI is correct, complete, or suitable for your specific situation.

3.3 No Marketing, Legal, or Professional Advice: All content and outputs provided by the Service are for general informational and creative purposes only. The Service is not a marketing consultant, law firm, or a licensed legal adviser, and nothing in the Service’s output constitutes professional marketing advice, legal advice, financial advice, or other professional advice to you or any third party. Use of Penguin Pilot does not create any professional advisory relationship between you and the Company. You should not rely on any information or content provided by the Service as a substitute for independent professional judgment or advice from a qualified marketing professional, lawyer, or other relevant expert. If you have specific questions about marketing strategies, legal obligations, or consequences, you should consult a qualified professional.

3.4 No Guarantee of Marketing Effectiveness or Compliance: The Company does not guarantee that use of the Service will result in successful marketing campaigns, increased sales, or compliance with any laws, regulations, rules, advice given to your target markets through the content generated, or meet any required professional standards (e.g., advertising standards, consumer protection laws). Use of the Service does not guarantee compliance with any applicable marketing regulations or industry guidelines.  You remain solely responsible for understanding and fulfilling your legal and professional obligations related to your marketing activities. The Service is a tool to assist you, but ultimate responsibility for any marketing decision, content, or action lies with you (the User). You agree that you will not solely rely on Penguin Pilot for critical marketing determinations and that you will exercise your own professional skill and care in all marketing work.

3.5 Informational Content Only: All templates, suggestions, content drafts, or other content provided through the Service are intended as general aids. They may not account for all circumstances or recent changes in marketing trends or law. The Company may update content from time to time, but we make no warranty that any provided information is current or comprehensive. It is your duty to keep abreast of the marketing requirements and legal requirements relevant to your work.

3.6 User Verification: You acknowledge that any decisions or actions you take in reliance on information or content from the Service are taken at your own risk. The Company will not be liable for any losses, damages, or claims resulting from your marketing activities, even if you followed guidance or used content generated by the Service. You agree to double-check important information and, when in doubt, obtain advice from qualified persons or authorities.

3.7 AI Disclaimer: You acknowledge that Penguin Pilot’s outputs are generated by automated, third-party machine-learning models. Such AI models may produce inaccurate, incomplete, fabricated, or outdated information (“hallucinations”). Utogi Ltd (trading as Penguin Pilot) makes no representation or warranty, express or implied, regarding the truthfulness, accuracy, completeness, or fitness for any purpose of any AI-generated content. You must independently verify all outputs before relying on them for marketing decisions or publication.

3.8 No Reliance: Marketing Responsibility: You expressly agree that you will not rely solely on AI-generated outputs for any decision that could have legal, financial, or reputational consequences. You remain solely responsible for ensuring compliance with all applicable marketing laws, advertising standards, consumer protection laws, and all other applicable laws, standards, and internal policies. Penguin Pilot is provided solely to assist you — it does not fulfil your professional duty of care.

3.9 Limitation of AI Liability: Under no circumstances shall Utogi Ltd (Penguin Pilot) or its affiliates, officers, directors, employees, or agents be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages arising from or in connection with AI-generated content, including but not limited to regulatory fines, reputational damage, lost revenue, or professional indemnity claims, even if Utogi Ltd has been advised of the possibility of such damages.

3.10 Model Updates & Third-Party Data Accuracy: AI outputs reflect the state of underlying models and third-party data at the time of generation. Utogi Ltd does not guarantee that outputs incorporate the most recent marketing trends, regulatory guidance, or case law. You acknowledge that marketing requirements and best practices evolve and that Penguin Pilot may not reflect the most current standards.

3.11 Indemnity for AI Misuse: You agree to indemnify, defend, and hold harmless Utogi Ltd (Penguin Pilot) and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from your use of AI-generated content, including reliance on inaccurate, incomplete, or misleading information provided by the Service.

4. User Accounts and Responsibilities

4.1 Account Registration: To use the Service, you must create an account through our self-sign-up process. You must provide accurate and complete registration information, including your full name, a valid email address, and any other information requested (such as your business name or agency details, if applicable). You are responsible for keeping your registration information up to date. We reserve the right to reject any registration or to terminate an account if the information provided is false, misleading, or incomplete.

4.2 Account Security: You must maintain the confidentiality of your account login credentials (username and password or any other login method). You are responsible for all activities that occur under your account, whether authorized by you or not. You agree to notify us immediately at the contact information provided below if you suspect any unauthorized access to or use of your account. The Company will not be liable for any loss or damage arising from unauthorized use of your account caused by your failure to safeguard your credentials.

4.3 User Conduct: You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not: (a) use the Service in any manner that violates any applicable laws or regulations (including privacy laws, advertising standards, or consumer protection laws); (b) input or upload any information to the Service that is unlawful, defamatory, obscene, harassing, or infringes any third party’s rights (including intellectual property or privacy rights); (c) use the Service to attempt to deceive or defraud any person or to otherwise engage in unethical conduct; or (d) interfere with or disrupt the integrity or performance of the Service or the data contained therein. We may, in our sole discretion, suspend or terminate your account for any misuse of the Service or violation of these Terms (see Section 11 below).

4.4 Professional Obligations: As a User, you remain bound by the professional and legal obligations of your role as a business owner, marketing professional, or marketing agency. This includes duties related to honest advertising, consumer protection, intellectual property rights, and data privacy. You agree that you will not use the outputs of the Service in any way that contravenes such obligations. If the Service suggests an action or omission that would be contrary to law or professional standards, you agree to disregard such suggestion and follow the law or proper professional practice instead.

4.5 User-Provided Data: You are solely responsible for all data, content, and materials that you input into the Service or that are generated by your use of the Service (collectively, "User Data"). You represent and warrant that you have all necessary rights, consents, and permissions to provide the User Data to us and to use it within the Service. In particular, if you input personal information about any third parties (such as clients, customers, or individuals featured in marketing content) into the Service, you warrant that you have obtained any consent required under the Privacy Act 2020 or other applicable privacy laws, including the GDPR, to disclose that information to the Company for the purposes of using the Service. You must not upload any personal information that is not necessary for use of the Service. We reserve the right (but have no obligation) to remove or delete any User Data that we deem to violate these Terms or applicable law, at our sole discretion.

5. Agency and Client Access (If Applicable)

5.1 Agency Use: If you are a marketing agency using the Service on behalf of your Clients, you acknowledge and agree that you are solely responsible for your relationship with your Clients, including any agreements, consents, and obligations regarding data, content, and marketing activities.

5.2 Client Access (Optional): With an Agency or Enterprise Subscription you may enable your Clients to access the Service through the client portal under your branding. Before granting such access, you must:

(a) obtain each Client’s express agreement to your own Client Terms, which must include the mandatory flow-down clauses set out in clause 5.7;

(b) ensure each Client has consented to the Penguin Pilot Privacy Policy and acknowledged that their data will be processed by us as described in that Policy; and

(c) be solely responsible for communicating to your Clients how Credits, billing, refunds, and support will be handled under your agreement with them.

We will have no obligation to provide support directly to your Clients or to resolve disputes between you and your Clients.between you and your Clients.

5.3 Responsibility for Client Actions: You acknowledge that:

(a) any actions taken by your Clients through their access to the Service (if enabled) are ultimately your responsibility as the primary User and account holder.

(b) The Company is not responsible for any acts or omissions of your Clients in how they use or disclose information obtained via the Service.

(c) You are responsible for all first-line support, communications, and obligations owed to your Clients in relation to their use of the client portal. The Company may provide support to you (the Agency/User) but does not provide direct support or assume responsibility for your Clients’ use of the Service.

5.4 Data Handling for Clients: Any data related to your Clients that you input into the Service will be treated as User Data under these Terms. You are responsible for ensuring that you have the necessary rights and consents from your Clients to process their data and generate marketing content on their behalf using the Service.

5.5 Client Portal Branding: Where the Service allows you to apply your own branding to the client portal, this does not transfer ownership of the underlying software, intellectual property, or platform. You may present the client portal under your branding for the benefit of your Clients, but you must not misrepresent the Service as software owned or developed by you.

5.6 Marketing Restrictions: You may promote the client portal as part of your services, but you must not:

(a) guarantee results that conflict with the disclaimers in these Terms,

(b) resell Credits wholesale or outside the context of direct Client relationships, or

(c) present the Service in a way that suggests you own or control the underlying platform.

5.7 Mandatory Client Terms

If you enable Clients to access the Service through a branded portal, you must include in your Client agreements terms that are at least as restrictive as these Terms, and in particular, you must require your Clients to agree that:

(a) Platform Use. The Service is provided through the Penguin Pilot platform operated by Utogi Ltd. Clients must use the Service only in accordance with these Terms, the Acceptable Use Policy, and any other policies we publish from time to time.

(b) Relationship. The Agency (you) is solely responsible for the Client relationship, including support, pricing, billing, refunds, and service delivery. Utogi Ltd is not a party to your agreement with Clients and disclaims all responsibility for commitments or representations made by you.

(c) Payments. Payments for Credits made through the client portal are processed by Utogi Ltd (or its third-party processors) on your behalf. Clients acknowledge that you receive the profit margin from such purchases and that Utogi Ltd may deduct applicable processing fees before remitting funds.

(d) Refunds and Chargebacks. If a Client requests a refund, initiates a chargeback, or otherwise reverses a payment, Utogi Ltd may deduct the corresponding amounts (including related processor fees) from your balance or future payouts.

(d) Data Processing. Client data will be processed by Utogi Ltd on your behalf to deliver the Service. You remain the data controller for all Client data. Clients consent to this processing in accordance with the Penguin Pilot Privacy Policy.

(e) No Exclusivity. Nothing prevents Clients from signing up for and using the Service directly with Utogi Ltd.

(f) Limitations of Liability. Utogi Ltd will not be liable to Clients for any claims, damages, losses, or disputes arising from or relating to your services, your pricing, or your relationship with Clients. Clients’ sole remedies in relation to the platform itself are limited to those available under the Penguin Pilot Terms of Service.

6. Free Trial

6.1 Offer and Duration: The Company may offer new Users a Free Trial or Free Tier of the Service beginning from the date you first register for an account. The exact duration of any Free Model will be as specified on our website or during the sign-up process. Free Tiers or Trials are intended for you to evaluate the Service before committing to a paid Subscription. There is no guarantee as to their timeframe or if they will be ongoing and may be withdrawn at any time.

6.2 Free Trial Terms: During the Free Trial, you will have access to the Service’s features at no charge with limited credits and features, subject to these Terms (which fully apply during a trial). The Company reserves the right to modify or terminate any Free Trial or Free Tier offer at any time. Free Trials and Tiers are limited to one per User (or per organization) unless otherwise permitted by us in writing. If we determine that you have violated the Free Trial or Tier terms or are abusing the Free Trial (for example, by creating multiple trial accounts), we may terminate your access to the Service or convert your trial to a paid Subscription immediately.

6.3 Transition to Paid Subscription: At the end of the Free Trial period, your access to the Service will automatically expire or transfer to a Free Tier unless you choose to continue with a paid Subscription. We may (but are not obligated to) notify you (for example, by email or in-dashboard notification) when your Free Trial is about to end. To avoid interruption of service, you must activate a paid Subscription plan (monthly or annual) before the trial ends or immediately thereafter. If you do not subscribe, you will lose access to the Service and any data you have inputted during the Free Trial may become inaccessible or deleted with limited access on a Free Tier (unless you export it or we agree to retain it for a brief grace period, at our discretion).

6.4 No Charge During Trial: There will be no Subscription fees charged during the Free Trial. However, you are still bound by all usage restrictions and obligations under these Terms during the trial and may elect to buy additional credits during the Trial. Any User Data you input during the trial will be handled in accordance with these Terms and our Privacy Policy. The Company shall have no liability for any loss of data or content if you do not continue with the Service after the Free Trial.

7. Subscription Plans and Fees

7.1 Subscription Requirement: Except during an active Free Trial period or on a Free Tier, continued use of the Service requires an active paid Subscription. The Service may offer different Subscription plans (for example, a monthly plan or an annual plan, and possibly different tiers of service). The features, limits, and pricing for each plan are described on our website or in the Service interface. By selecting a Subscription plan, you agree to pay the applicable fees and charges for that plan.

7.2 Credits and Usage:

(a) Subscription Credits: Each Subscription tier includes a defined number of Credits that refresh at the start of each billing cycle. These Credits are intended for your regular use of the Service's features. Unused Subscription Credits do not roll over to the next billing cycle. EG if monthly, credits will expire at the end of each month. If Annual, credits will expire at the end of the 12 month period.  Credits are non-transferable between each Brand.

(b) Purchasing Additional Credits: If your Subscription Credits are insufficient for your usage needs, you may purchase additional Credits ("Purchased Credits") through the Service interface. The pricing for Purchased Credits will be displayed at the time of purchase.

(c) Credit Expiry: Purchased Credits will expire either monthly or annually depending on the type of credits purchased. Any unused Purchased Credits will be forfeited upon their expiry.

(d) Automatic Credit Purchase: You may have the option to enable automatic purchase of additional Credits. If enabled, the Service will automatically charge your primary payment method for a pre-defined amount of Credits when your available Credits fall below a certain threshold. You are responsible for managing these settings and ensuring your payment method is up-to-date. We will notify you of any automatic purchases.

7.4 Fees and Taxes: All fees for the Subscription and Purchased Credits (the "Service Fees") are stated in US Dollars (USD) unless otherwise specified and are exclusive of GST or any other applicable taxes. You are responsible for any goods and services tax (GST), value-added tax (VAT), or similar sales taxes that apply to your Service. If you are required by law to withhold any taxes from your payments to us, you must gross up your payments so that we receive the full amount of the listed Service Fees.

7.5 Billing and Payment: By signing up for a Subscription or purchasing Credits, you must provide a valid payment method (such as a credit card or direct debit authorization). You authorize us (or our third-party payment processor) to charge your provided payment method for the Subscription Fees according to the billing cycle of your chosen plan (e.g., monthly in advance for a monthly plan, or annually in advance for an annual plan) and for any Purchased Credits at the time of purchase or automatic top-up. Subscriptions will automatically renew at the end of each billing period (month-to-month or year-to-year, as applicable) unless and until you cancel your Subscription as described in Section 11 or via the account settings.

7.6 Free Trial to Paid Conversion: If you provided payment details at the start of a Free Trial, you will only be charged once the Free Trial ends and only if you have elected not to cancel. In some cases, you may need to actively choose a plan and enter payment information at the end of the Free Trial to continue. The specific process will be indicated in the Service. If the Free Trial converts to a paid Subscription automatically (per a promotion or sign-up process), you will be charged the Subscription Fee immediately after the trial period ends.

7.7 Refunds: Except as required by law or expressly stated otherwise, Service Fees (including Subscription Fees and fees for Purchased Credits) are non-refundable. This means that if you cancel in the middle of a paid period, you will not receive a pro-rata refund for the remaining period. Similarly, Purchased Credits are non-refundable once acquired. However, you will retain access to the Service and any purchased Credits until the end of the period you have paid for (unless your access is terminated for breach of these Terms). We do not provide refunds or credits for partially used periods, downgrade of plan, or for unused accounts or expired Credits. If you believe there has been an error in billing, you must contact us within 30 days of the billing date so we can review the issue.

7.8 Late Payments: If we cannot charge your provided payment method for any reason (for example, due to expiration or insufficient funds), or if your payment is otherwise overdue, we may, at our discretion: (a) suspend or limit your access to the Service until payment is received, and/or (b) terminate your Subscription if the payment remains outstanding for more than a certain grace period (e.g., 14 days) after we have provided notice to you. You will be responsible for any reasonable costs we incur in collecting overdue amounts, including legal fees and collection agency charges.

7.9 Changes in Fees: The Company reserves the right to change the Subscription Fees, Credit pricing, or introduce new fees for the Service on renewal of your Subscription or for new plans. Any fee change will not apply retroactively to your current billing period; it will become effective upon your next renewal or upgrade. We will give you reasonable advance notice of any material changes in fees (for example, by email or a notice within the Service). If you do not agree to the fee change, you may cancel your Subscription before the new fees take effect. Continued use of the Service after the fee change takes effect constitutes your agreement to pay the new amount.

7.10 Promotional Pricing: We may offer special discounted Subscription rates or promotions (such as an introductory price or bundle with other services) for a specific period. Once that period ends, your Subscription may automatically renew at the standard rate unless the promotion explicitly states otherwise. All promotional offers are subject to these Terms and any additional terms of the promotion.

7.11 Third-Party Pricing and Credit Variability:  The Credit system within the Service reflects internal cost structures as well as costs incurred from third-party providers (such as AI engines). As a result, the number of Credits required for specific features or outputs may vary between different providers or tools integrated into the Service. Credits do not have a fixed value and may not provide consistent output volume across all features or over time. The Company reserves the right to adjust the Credit consumption rates or pricing in response to changes in third-party vendor fees, usage patterns and market conditions. These adjustments may occur without prior notice. Continued use of the Service after such changes constitutes acceptance of the updated Credit structure.

7.12 Agency and Enterprise Client Credit Pricing

(a) Pricing Autonomy: If you are on an Agency or Enterprise Subscription plan, you may set the pricing at which your Clients purchase Credits through the Service, subject to any minimum pricing thresholds established and updated by the Company from time to time. The applicable minimum pricing will be published within the Service interface or otherwise notified to you. You must not set Credit pricing below the minimum threshold.

(b) Payment and Fees: You will receive the mark-up on Client Credit purchases (being the amount charged to the Client above the minimum price), less a processing fee of 5% of the total. The Company may update the processing fee percentage from time to time upon reasonable notice, with changes applying only to future transactions.

(c) Payment Collection and Remittance:  The Company (or its third-party payment processor) will collect payments for Client Credit purchases through the client portal on your behalf. You appoint the Company as your limited payment collection agent solely for the purpose of facilitating such transactions. Payments collected from Clients are deemed received by you at the time the Company (or its processor) receives them. Your share of payment will be remitted to you at intervals determined by the Company (currently monthly) and may be subject to minimum payout thresholds.

(d) Refunds, Chargebacks, and Withholding:  If a Client requests a refund, initiates a chargeback, or otherwise reverses a payment, the Company may deduct the corresponding amounts (including related processor fees) from your balance or future payouts. The Company may withhold or delay payouts, establish reserves, or require security deposits if, in its reasonable discretion, it determines that your account presents a risk of excessive disputes, fraud, or non-payment.

(e) Taxes: You are solely responsible for determining and meeting your tax obligations arising from your Client transactions, including without limitation GST, VAT, sales tax, and income tax. The Company will not provide tax advice to you or your Clients. Where required by law, the Company may withhold applicable taxes from payouts and remit them to the relevant authority.

(f) Agency Responsibility for Payments:  You acknowledge and agree that:

(i) Clients purchase Credits from you, not from the Company;

(ii) the Company acts only as a payment processor on your behalf;

(iii) you must not represent to Clients that the Company is their contractual counterparty or is responsible for your pricing, billing practices, or service commitments; and

(iv) you remain solely responsible for all aspects of the commercial relationship with your Clients, including refunds, disputes, and compliance with consumer protection and tax laws.

(g) Prohibited Practices: You must not (i) misrepresent Credits as your own system separate from the Service, (ii) set pricing below the minimum threshold, or (iii) engage in any fraudulent or misleading practices regarding Client Credit sales.

8. User Data and Privacy

8.1 Privacy Policy: Our collection, use, and disclosure of personal information in connection with the Service are governed by our Privacy Policy. By using the Service, you agree to the terms of the Privacy Policy. The Privacy Policy is incorporated into these Terms by reference. In the event of any inconsistency between these Terms and the Privacy Policy regarding personal data, the Privacy Policy will prevail to the extent of that inconsistency.

8.2 Ownership of User Data: As between you and the Company, you retain ownership of any User Data (including marketing content, client information, and other data) that you upload or input into the Service. Except for the rights expressly granted to the Company in these Terms, nothing in these Terms transfers ownership of your User Data to us.

8.3 License to User Data: You hereby grant the Company a non-exclusive, worldwide, royalty-free license to host, use, copy, process, transmit, and display your User Data only as necessary to provide the Service to you and to otherwise fulfill our obligations under these Terms. This includes, for example, the right to process data through our AI systems to generate outputs, to make backup copies of data for security, and to transmit data to third-party service providers (such as cloud hosting or AI processing providers) who assist in operating the Service. We will not use your User Data for any purpose outside the scope of providing and improving the Service, except as permitted in Section 9 (Aggregated Data) or as required by law.

8.4 Data Security: We will take reasonable technical and organizational measures intended to secure your User Data and protect it from loss, misuse, and unauthorized access or disclosure. We implement measures such as encryption, access controls, and regular security assessments. However, you understand that no internet-based service is completely secure and we cannot guarantee absolute security. You are responsible for maintaining the security of your own systems and credentials used to access the Service.

8.5 Personal Information and Consent: If you input any Personal Information of individuals (including any clients, customers, or individuals featured in marketing content) into the Service, you are responsible for obtaining any necessary consents and providing any required notifications to those individuals as required under the Privacy Act 2020 or other applicable privacy laws, including the GDPR, to disclose that information to the Company for the purposes of using the Service. You must not upload any personal information that is not necessary for using the Service. The Company will treat personal information in User Data in accordance with the Privacy Policy and applicable law, but we rely on you to ensure that any collection and sharing of that data with us is lawful.

8.6 Data Retention and Deletion: Upon termination of your Subscription or account (and completion of any applicable notice period or wind-down period), we will handle your User Data in accordance with Section 11.4 below. Generally, we will delete or anonymize personal information when it is no longer needed for the purposes for which it was collected, except where we are required by law or have lawful grounds to retain it (for example, for recordkeeping, dispute resolution, or enforcement of agreements). Please consult the Privacy Policy for more information on data retention practices and how to request deletion of your data.

8.7 GDPR Compliance – Data Controller and Processor:

(a) Your Role as Controller: If you are a User subject to the GDPR and you provide Personal Information to the Service, you acknowledge and agree that, for the purposes of the GDPR, you are the Data Controller of such Personal Information. This means you determine the purposes and means of processing the Personal Information.

(b) Our Role as Processor: The Company acts as a Data Processor on your behalf when processing Personal Information that you input into the Service. We will process such Personal Information strictly in accordance with your documented instructions (as set out in these Terms and the Privacy Policy) and for the sole purpose of providing the Service to you.

(c) Data Processing Agreement (DPA): If you are a Data Controller subject to GDPR and require a formal Data Processing Agreement (DPA) to govern our processing of Personal Information on your behalf, please contact us at gdpr@penguinpilot.ai The DPA will set out the specific terms and conditions for our data processing activities, including details on security measures, data subject rights, and international data transfers, in compliance with Article 28 of the GDPR.

(d) Data Subject Rights: As the Data Controller, you are primarily responsible for responding to requests from data subjects (individuals) exercising their rights under the GDPR (e.g., right of access, rectification, erasure, restriction, portability, objection). We will, to the extent legally required and reasonably practicable, assist you in fulfilling these obligations, taking into account the nature of the processing and the information available to us.

(e) International Data Transfers: Personal Information may be stored and processed in New Zealand and/or other countries where the Company or its third-party service providers operate. Where Personal Information originating from the EEA or UK is transferred to a country not deemed to provide an adequate level of data protection by the European Commission or UK authorities, we will ensure appropriate safeguards are in place, such as relying on Standard Contractual Clauses (SCCs) or other legally approved mechanisms, as further detailed in our Privacy Policy and/or DPA.

9. Aggregated Data and Analytics

9.1 Aggregated Data: Notwithstanding anything to the contrary in these Terms, the Company may collect and create Aggregated Data from User Data and your use of the Service. Aggregated Data will not include any information that identifies you or any individual and is not considered personal information. For example, we may compile anonymous usage statistics (such as the number of content pieces generated, common marketing themes, or general industry marketing trends derived from multiple users’ inputs).

9.2 Use of Aggregated Data: The Company owns all rights, title, and interest in the Aggregated Data. You agree that we may use, store, and share Aggregated Data for any lawful purpose, including but not limited to: improving and optimizing the Service and our AI algorithms; developing new features or services; performing industry or market analysis; academic or statistical research; and marketing or publishing insights about marketing trends (for example, in a whitepaper or blog post), provided that such data is in aggregated or de-identified form and does not divulge any confidential or personal information about you or any identifiable individual.

9.3 No Compensation: You shall not be entitled to any compensation or attribution for the Company’s use of Aggregated Data as described above. As Aggregated Data contains no identifying information, it will not be returned or deleted upon any request for data deletion or upon termination, since it cannot be linked back to you.

9.4 Analytics Tools: The Service may also use analytics tools or services (which may use cookies or similar technologies) to collect technical and usage information automatically as you use the Service (e.g., page response times, device type, browser type, usage frequency, crash reports, etc.). These analytics help us understand user engagement and improve our product. Information collected through analytics will be handled in accordance with our Privacy Policy and will typically be in aggregate form. By using the Service, you consent to our use of such analytics tools.

10. Intellectual Property and License

10.1 Company Intellectual Property: The Service (including all software, code, algorithms, user interfaces, content provided by the Company, designs, logos, trademarks, and trade names, and all other intellectual property rights in and to the Service) is owned by or licensed to the Company. Except for the limited rights expressly granted to you under these Terms, all rights, title, and interest in the Service and the Company’s intellectual property remain with the Company (Utogi Ltd) and its licensors. Penguin Pilot, the Penguin Pilot logo, and any related marks are trademarks of the Company. You are not granted any right or license to use the Company’s trade name or logos absent our prior written consent.

10.2 User License: Subject to your ongoing compliance with these Terms (including timely payment of Subscription Fees and Credit purchases), the Company hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal business purposes or for the marketing activities of your Clients (if you are an agency). This license is solely for the purpose of enabling you to use and receive the benefit of the Service as provided by the Company, and strictly in accordance with these Terms and any usage guidelines we may provide.

10.3 License Restrictions: You must only use the Service as intended and allowed by these Terms.

You agree that you will NOT:

(a) copy, modify, adapt, translate, or create derivative works of the Service (including the software or any portion of our databases or content) except as strictly necessary for your own use of the Service within the permitted functionality;

(b) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying algorithms of the Service, except to the limited extent that applicable law expressly permits despite this limitation (in which case, only upon providing us with reasonable advance notice);

(c) rent, lease, lend, sell, sublicense, distribute, or otherwise transfer the Service (or any feature of it) to any third party, or provide it as a service bureau or on a time-sharing basis;

(d) use the Service for the benefit of any third party who is not a registered User or a Client of a registered agency User;

(e) remove or obscure any proprietary notices on the Service or any reports or outputs (such as copyright or trademark notices); or

(f) use any automated system (like a robot, spider, scraper) to access the Service for disruptive purposes or to extract data at a scale beyond what is provided by our interface.

10.4 Feedback: If you submit suggestions, enhancement requests, or other feedback (collectively, "Feedback") to us regarding the Service, you agree that such Feedback is provided on a non-confidential basis and the Company may freely use, modify, and incorporate such Feedback into our products or services without any compensation or attribution to you. You assign to us all right, title, and interest in any Feedback (including intellectual property rights) and agree to assist us, at our expense, in securing those rights if needed.

10.5 User Content: To the extent you provide or upload any content or materials within the Service (for example, custom marketing notes, text, images, or documents), you represent that you have the necessary rights to do so, and you grant us the license rights outlined in Section 8.3 to use that content for the purpose of providing the Service. We do not claim ownership of your original content, but you are responsible for ensuring it does not infringe others’ rights.

10.6 Third-Party Materials: If the Service incorporates any third-party software, libraries, or content, the Company either has the right to include them or they are used under an open-source license or other license. Your use of those third-party materials within the Service may be subject to additional terms, which we will make available to you if required by the respective licensors. The Company’s own obligations with respect to third-party materials are managed by the Company; as a User, you simply use the Service as a whole.

10.7 User-Generated AI Content Ownership: As between you and the Company, you retain all intellectual property rights in the original marketing content and other materials that are generated for you by the Service's AI, based on your specific inputs, prompts, and User Data ("AI-Generated Content"). Upon creation, such AI-Generated Content is considered part of your User Data. You are solely responsible for the review, verification, and use of all AI-Generated Content, and for ensuring it does not infringe on any third-party rights (including copyright, trademark, or publicity rights) or violate any applicable laws or regulations.

11. Suspension and Termination of Accounts

11.1 Suspension for Breach or Risk: The Company may suspend or limit your access to the Service immediately without prior notice if we determine that:

(a) you have materially breached these Terms (for example, by failing to pay fees when due, misusing the Service, or violating confidentiality or IP provisions);

(b) your use of the Service is causing immediate or ongoing harm to the Service, other users, or third parties (e.g., you are hacking the system or uploading malware); or

(c) suspension is required by law or by a regulator (for example, in response to a lawful takedown demand or an investigation). In the case of non-payment, we will typically provide a brief grace period or notice (e.g., 7 days past due) before suspension, except repeated or severe payment issues may result in quicker action. We will endeavour to notify you of any suspension and work with you in good faith to resolve the issue, but we are not liable for any consequences of suspension when done in accordance with this clause.

11.2 User Termination: You may terminate your Subscription and account at any time by providing notice to us (for example, via the account settings in the Service or by contacting customer support). If you terminate in the middle of a billing cycle, the termination will take effect at the end of that paid period unless we agree otherwise. Simply uninstalling the PWA or ceasing to use the Service will not automatically terminate your account—please ensure you properly cancel via the provided methods. Upon termination by you, you will not be charged further Service Fees, but no refunds will be provided for any remaining period of a Subscription that you have already paid for (see Section 7.7). Any remaining Purchased Credits will also be forfeited upon termination.

11.3 Company Termination: The Company may terminate your account or Subscription for convenience by providing at least 30 days’ advance notice to you (for example, to the email associated with your account). We may also terminate your account immediately (or on shorter notice) if you materially breach these Terms and fail to cure the breach within a reasonable time after notice (if the breach is curable), or if you become insolvent, bankrupt, or undergo a change of control to a competitor of ours (to the extent permitted by law), or if continuing to provide the Service to you would violate any law. Additionally, if we decide to discontinue the Service entirely, we may terminate all user accounts with at least 30 days’ notice, if feasible.

11.4 Effect of Termination: Upon termination or expiration of your account for any reason:

(a) your rights to access and use the Service will immediately cease, and any licenses granted to you under these Terms will terminate;

(b) you must promptly stop using the Service and delete any local copies or installations of any software or materials provided by the Company (except for outputs or reports generated during your use, which you may retain for your records, subject to the continuing disclaimers and limitations in these Terms);

(c) we may disable your account and all associated users’ access. We recommend that prior to termination (whether by you or us), you request access to download a copy of your important User Data. You can request this by emailing hello@penguinpilot.ai

(d) your Clients’ access to the client portal may also be terminated. The Company may, at its discretion, allow affected Clients to continue with direct accounts to preserve continuity, provided they agree to these Terms and establish a separate Subscription with the Company.

11.5 Data Handling on Termination: After termination, the Company will retain or delete User Data in accordance with our data retention policy. In general, we may retain your User Data for a limited period post-termination (for example, 30-60 days) in case you reactivate your account or need to retrieve information, after which we will securely delete or anonymize the Personal Information in the User Data, except to the extent we are required or permitted to retain it for legal compliance, dispute resolution, or internal business purposes. The Aggregated Data derived from your usage will be retained by the Company as it no longer identifies you. If you require our assistance in exporting any remaining data after termination, you must contact us within 10 days of termination to request this, and we will try to assist (we may charge a reasonable fee for extensive data export assistance that is outside the ordinary operation of the Service).

11.6 Survival: Any provisions of these Terms which by their nature should survive termination (such as disclaimer of warranties, limitation of liability, indemnities, governing law, and any accrued rights to payment) will survive termination or expiration of your account or these Terms.

12. Disclaimers of Warranties

12.1 “As-Is” Basis: The Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, the Company disclaims all warranties, conditions, and representations of any kind, whether express, implied, or statutory, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, accuracy, title, and non-infringement. We do not warrant that the Service will meet your requirements or that it will achieve any intended results.

12.2 No Guarantee of Error-Free Operation: The Company does not guarantee that the Service (including any AI component) will be uninterrupted, secure, or error-free. We do not warrant that any information provided through the Service is free of errors or omissions, or that any defects in the Service will be corrected. While we will strive for high availability and accuracy, downtime may occur for maintenance, updates, or network issues, and errors or bugs may be present in complex software like AI systems. You assume all risk for any damage to your computer system or loss of data that results from your use of the Service.

12.3 No Warranty on Results: No advice or information (whether oral or written) obtained by you from the Company or through the Service shall create any warranty not expressly stated in these Terms. You acknowledge that the outputs from the Service’s AI (including marketing content suggestions, drafts, or analyses) are probabilistic and informational tools. The Company makes no guarantee regarding the accuracy, completeness, legality, or usefulness of any results or outputs generated by the Service. You are solely responsible for verifying any results before relying on them. Any credits used in the generation of unusable content is non-refundable.

12.4 Informational Use and No Liability for Decisions: Any decisions you make or actions you take (or fail to take) based on information or content obtained through the Service are your sole responsibility. The Company is not responsible for any business decisions, marketing actions, omissions, or outcomes arising from your use of the Service. Use of the Service is at your own risk, and you should use your independent judgment and expertise when evaluating Service outputs.

12.5 Third-Party Services: The Service may integrate with or allow you to access third-party services (for example, an identity verification service, cloud storage, AI processing services, or links to external websites). We make no warranty or representation regarding any third-party services or information provided by third parties. Your use of third-party services may be subject to separate terms of use and privacy policies, which are solely between you and the third-party. We are not responsible for the performance, accuracy, or reliability of any third-party service.

12.6 Statutory Warranties: While we exclude or limit warranties to the fullest extent permitted by law, we do not exclude any warranty or guarantee that cannot be excluded by law. If the law (including the Fair Trading Act or any consumer protection law that is not validly contracted out of) implies a guarantee or warranty into these Terms that cannot be excluded, then to the extent permitted by law, the Company’s liability for breach of that guarantee or warranty is limited (at our option) to re-supplying the Service or paying the cost of having the Service supplied again.

13. Limitation of Liability

13.1 Cap on Liability: To the fullest extent permitted by law, in no event will Utogi Ltd (trading as Penguin Pilot), or any of its directors, officers, employees, or agents, be liable to you for any loss or damage of any kind, whether in contract, tort (including negligence), or otherwise, in connection with your use of the Services.

The Company's total aggregate liability for all claims arising in any calendar month is limited to NZ $0 (zero New Zealand dollars), regardless of the cause or nature of the claim.

Under no circumstances will the Company be liable for any indirect, incidental, special, exemplary, or consequential damages, including but not limited to loss of profits, revenue, data, goodwill, or use, even if advised of the possibility of such damages.

You confirm that you are acquiring the Services for the purposes of a Business and agree that the Consumer Guarantees Act 1993 does not apply.

13.2 No Indirect or Consequential Damages: To the fullest extent permitted by law, the Company will not be liable for any indirect, special, incidental, consequential, or punitive damages, or for any loss of profit, loss of revenue, loss of business opportunity, loss of goodwill, loss of data, or business interruption, arising out of or in connection with the Service or these Terms. This limitation applies even if we have been advised of the possibility of such damages, and even if a remedy fails of its essential purpose. Examples: The Company shall not be liable for any regulatory fines or penalties you incur, any loss of sales or revenue, any damage to your business reputation, or any costs of substitute services arising from the use or inability to use Penguin Pilot.

13.3 User’s Liability for Decisions: You agree that the limitations of liability and exclusions of damages in these Terms are fair and reasonable given the nature of the Service (an assistive AI marketing tool) and that without them the fees charged would be higher. You acknowledge that you are in the best position to foresee and insure against potential damages (such as by obtaining professional indemnity insurance for your own business), and that the Company cannot economically assume those risks.

13.4 Exceptions: Nothing in these Terms is intended to exclude or limit liability for:

(a) death or personal injury caused by the Company’s negligence,

(b) fraud or fraudulent misrepresentation by the Company,

(c) gross negligence or willful misconduct by the Company, or

(d) any other liability which cannot be lawfully excluded or limited. However, to the extent that any mandatory liability cannot be fully excluded, we limit our liability to the minimum amount allowed by law.

13.5 Multiple Claims: All claims and causes of action arising out of or relating to the Service or these Terms shall be aggregated for the purposes of the liability cap in clause 13.1, and multiple occurrences or claims shall not enlarge the cap. You may not circumvent the cap by bringing multiple claims or claims on behalf of affiliates for the same issue.

13.6 Reliance and Allocation of Risk: You acknowledge that the Company has set its prices and enters into this Agreement in reliance on the disclaimers of warranty and the limitations of liability set forth herein, and that these terms form an essential basis of the bargain between you and us. You agree that such limitations are reasonable and will survive even if any remedy fails of its essential purpose.

13.7 No Liability for Force Majeure: The Company shall not be liable for any failure or delay in performing its obligations to the extent that such failure or delay is caused by circumstances beyond the Company’s reasonable control (such as acts of God, epidemic or pandemic, earthquakes, fire, flood, war, terrorism, civil unrest, labor shortages or disputes, internet or utility failures, or actions of government).

14. Indemnification

14.1 Your Indemnity to Company: You agree to indemnify, defend, and hold harmless the Company and its directors, officers, employees, contractors, and agents (the "Indemnified Parties") from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorney’s fees and costs) that arise out of or relate to

(a) your use or misuse of the Service,

(b) your violation of any of these Terms or any law or regulation,

(c) your infringement of any third-party right (including intellectual property or privacy rights) through your use of the Service or through any content or data you provide, or

(d) any dispute between you and any third party (including any client, customer, or regulatory authority) in connection with your use of the Service or your marketing activities.

(e) any claim from your Clients relating to your branding, pricing, marketing representations, service commitments to Clients; or failure to include required flow-down clauses in your Client contracts

14.2 Nature of Claims: This indemnity covers, without limitation, claims brought by third parties (such as clients or regulators) alleging that your use of the Service (or the outputs) led to a breach of duty, negligence, false representation, privacy breach, or other wrongdoing on your part. For example, if a client of yours claims they suffered loss because you used incorrect content from the Service without verification, you would indemnify the Company for any cost or liability the Company incurs due to that claim.

14.3 Procedure: If any Indemnified Party receives notice of a claim or legal action to which this indemnity may apply, the Company will promptly notify you of the claim (provided that failure to promptly notify will not eliminate your indemnification obligations except to the extent it prejudices your ability to defend the claim). You shall then assume control of the defense and settlement of the claim with counsel reasonably acceptable to the Company. The Indemnified Party shall cooperate with you (at your expense) in the defense. The Company reserves the right, at its option, to participate in the defense with its own counsel at its own expense. You may not settle any claim on behalf of the Indemnified Party unless the settlement unconditionally releases all Indemnified Parties of all liability and does not require any admission of fault or payment by the Indemnified Party.

14.4 Survival: This indemnification clause survives any termination or expiration of these Terms or your use of the Service.

15. Changes to Service and Terms

15.1 Service Modifications: The Company reserves the right to modify, update, or discontinue the Service (or any portion or feature of it) at any time. We continually work to improve Penguin Pilot and may add or remove functionalities or features. We will endeavour to give you advance notice of any material changes to the Service that would significantly reduce its functionality or value to you. If you are on a paid Subscription and a modification to the Service materially reduces the core functionality of the Service in a way that adversely affects you, you may notify us within 30 days of the change and, if we cannot address your concerns, you may terminate your Subscription and receive a pro-rata refund of any prepaid fees for the remaining term (from the effective date of termination). This refund is your sole remedy for any Service modification.

15.2 Amendment of Terms: The Company may update or amend these Terms from time to time, particularly to accommodate new services, changes in law, or improvements in our business practices. If we make a material change to these Terms, we will provide you with reasonable notice by posting the revised Terms on our website and/or by sending a notice through the Service or to your registered email. The notice will indicate the effective date of the changes. Your continued use of the Service on or after the effective date of the updated Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Service and may terminate your Subscription (Section 11.2).

15.3 Consent to Amendments: For minor changes or clarifications that do not materially reduce your rights, we may not provide advance notice, and such changes will be effective immediately upon posting. It is your responsibility to review the Terms periodically. The "Last Updated" date at the top of this document indicates when the latest changes were made. We encourage you to save or print a copy of these Terms for your records, and we will archive prior versions or make them available upon request.

15.4 Special Terms or Agreements: In some cases, the Company may enter into a separate written agreement with a customer (for example, an enterprise agreement) that supplements or supersedes certain provisions of these Terms. In such event, the terms of that signed agreement will govern to the extent of any conflict with these standard Terms, for that specific customer. Otherwise, these Terms represent the entire agreement (see Section 16.4) and can only be modified as provided herein.

16. Miscellaneous Provisions

16.1 Governing Law: These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter, shall be governed by and construed in accordance with the laws of New Zealand. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

16.2 Jurisdiction: You and the Company agree to submit to the exclusive jurisdiction of the courts of New Zealand with respect to any dispute or claim arising out of or in connection with these Terms or the Service. You agree that the courts of New Zealand are a convenient forum, and you waive any objection to those courts exercising jurisdiction over you. However, the Company retains the right to seek injunctive or equitable relief in any jurisdiction to protect its intellectual property or confidential information.

16.3 Assignment: You may not assign or transfer any of your rights or obligations under these Terms to any third party without the prior written consent of the Company. Any assignment in violation of this clause will be null and void. The Company may assign, transfer, or novate its rights and obligations under these Terms, in whole or in part, to

(a) an affiliate,

(b) a successor in interest in the event of a merger, acquisition, or sale of all or substantially all assets of the Company or the business related to the Service, or

(c) any other entity at our discretion (we will notify you of any such assignment if it materially affects the provision of the Service). These Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

16.4 Entire Agreement: These Terms (together with the Privacy Policy and any other documents expressly incorporated by reference, and any order form or Subscription details provided at signup) constitute the entire agreement between you and the Company regarding the Service and supersede all prior or contemporaneous agreements, understandings, and communications, whether written or oral, relating to the Service. You acknowledge that you have not relied on any statement, representation, or warranty not expressly provided in these Terms in deciding to enter into this Agreement.

16.5 Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect. The parties shall negotiate in good faith a valid, legal, and enforceable substitute provision that most nearly reflects the original intent of the invalid provision.

16.6 No Waiver: No failure or delay by the Company in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right or remedy, nor shall any single or partial exercise of any right or remedy preclude any further exercise of that or any other right or remedy. A waiver will only be effective if it is in writing and signed by an authorized representative of the party waiving the right.

16.7 Notices: All notices or communications required or permitted under these Terms to the Company shall be in writing and shall be delivered by email to the address provided, or by registered mail notices@penguinpilot.ai Notices to you may be given via the email address associated with your account, via notification through the Service interface, or by mail to any address you have provided. Notices will be deemed received:

(a) if by email, upon transmission (provided the sender does not receive an error or bounce-back), or

(b) if by mail, on the third business day after posting (or as per proof of delivery). You are responsible for keeping your contact information (especially email) up to date in your account.

16.8 Relationship of Parties: The relationship between you and the Company is that of independent contracting parties. Nothing in these Terms shall be construed to create any partnership, joint venture, agency, fiduciary, or employment relationship between you and the Company. Neither party has authority to bind the other or incur obligations on the other’s behalf without prior written consent.

16.9 No Third-Party Beneficiaries: These Terms are for the benefit of you and the Company (and permitted assigns) and not for any other person. Except for Indemnified Parties under Section 14 (to the extent they are expressly stated to benefit), no person or entity who is not a party to these Terms shall have any right to enforce any term of these Terms.

16.10 Language: These Terms are written in English. If we provide a translation of these Terms, it is for convenience only. In the event of any conflict between the English version and a translated version, the English version will prevail.

16.11 Contact Information: If you have any questions or concerns about these Terms or the Service, or need to provide any notice to the Company, you may contact us at:

Utogi Ltd (Penguin Pilot) – Email: legal@penguinpilot.ai (or another email as provided on our website).

By using or continuing to use the Penguin Pilot Service, you acknowledge that you have read these Terms and agree to abide by them.

Thank you for using Penguin Pilot to support your marketing efforts.