PenBot Terms of Service

1) ACCEPTANCE OF TERMS; INCORPORATION BY REFERENCE

1.1 Agreement to Terms. By accessing, purchasing, subscribing to, or using the Services in any way (including by submitting a request, sending a message, or allowing messages to be sent on your behalf), you agree to be bound by these Terms. If you do not agree, do not use the Services.

1.2 Where Terms Are Found. These Terms are made available at www.penbotservices.com and may be updated from time to time as described below. Use of the Services constitutes agreement to the then-current Terms.

1.3 Incorporated Policies. The following are incorporated into these Terms by reference and form part of the agreement:

• Our Privacy Policy (if posted),
• Any Service-specific terms, plan descriptions, usage policies, or disclosures presented at checkout or within the Services,
• Any Support / Help Center rules, and
• Any required consents (including texting consents) you provide.

1.4 Updates to Terms. We may change these Terms at any time. Changes are effective when posted on the Website unless stated otherwise. Your continued use after changes are posted constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Services.

2) DEFINITIONS

For clarity:

“Incarcerated User” means an incarcerated or detained person who receives messages, outputs, or communications facilitated by the Services.

“Representative” means the person who creates an account, pays, submits requests, or otherwise uses the Services, whether for themselves or on behalf of an Incarcerated User (e.g., family member, friend, attorney, agent).

“CorrLinks” refers to the Federal Bureau of Prisons (“BOP”) inmate email service program and any related third-party portals or vendors used for messaging.

“Content” means any text, prompts, requests, messages, attachments (if any), outputs, instructions, or other information submitted to or generated by the Services.

“Output” means responses or results generated by chatbots, automation, or other processing.

“Subscription” means a recurring plan or prepaid plan that provides access to certain Services for a defined period.

3) WHO MAY USE THE SERVICES; AUTHORITY; REPRESENTATION

3.1 Eligibility. You must be at least 18 years old and able to form a binding contract in your jurisdiction to use the Services.

3.2 Authority to Act. If you use the Services for or on behalf of an Incarcerated User or any third party, you represent and warrant that you have the right and authority to do so, and you agree these Terms bind you and the person you represent to the fullest extent permitted by law.

3.3 Third-Party Recipient. If you submit requests intended for an Incarcerated User, you understand that the Incarcerated User’s communications are subject to the rules of the facility and may be monitored, recorded, delayed, rejected, or blocked by the facility or CorrLinks.

3.4 No Government Affiliation. PenBot is a private company. We are not affiliated with the BOP, CorrLinks, or any government agency, and we do not control their systems, policies, approvals, rejections, or delays.

4) THE SERVICES; IMPORTANT LIMITATIONS

4.1 General Description. PenBot offers subscription-based services that may include:

• Chatbot or “AI assistant” functionality,
• Email-to-text and/or text-to-email facilitation,
• Drafting, summarization, rewriting, and formatting of messages,
• Other electronic request or communication-related services, potentially including automation and routing.

4.2 No Guarantee of Delivery or Access. We do not guarantee that any message, email, text, or Output will be delivered, accepted, received, or read. Delivery and access depend on many factors outside our control, including CorrLinks, BOP policies, facility rules, carrier filtering, spam controls, outages, and account restrictions.

4.3 Facility and CorrLinks Rules Control. You are solely responsible for ensuring your use complies with all facility rules and CorrLinks requirements. The Services are provided to assist with lawful communications; they are not designed to circumvent rules, monitoring, or restrictions.

4.4 Service Changes. We may modify, suspend, or discontinue any part of the Services at any time, including features, integrations, and supported workflows, with or without notice.

5) USER ACCOUNTS; SECURITY; RESPONSIBILITIES

5.1 Account Creation. You may need to create an account and provide accurate information. You agree to maintain current, complete, and accurate account information.

5.2 Account Security. You are responsible for maintaining the confidentiality of login credentials and for all activities that occur under your account, whether authorized or not. You must notify us promptly if you suspect unauthorized use.

5.3 One Account Per Person; No Sharing (Unless Allowed). Unless expressly permitted by a written exception from PenBot, accounts are intended for use by the individual subscriber/Representative. We may restrict or suspend accounts that appear shared, resold, or used for unauthorized third parties.

5.4 Your Equipment and Connectivity. You are responsible for obtaining and maintaining any devices, software, internet access, phone service, and any CorrLinks access needed to use the Services.

6) ACCEPTABLE USE; PROHIBITED ACTIVITIES

You agree not to use the Services, and not to allow others to use the Services, to:

6.1 Violate Laws or Rules. Violate any applicable law, regulation, court order, facility rule, CorrLinks rule, or third-party policy.

6.2 Facilitate Prohibited Conduct. Facilitate, promote, or instruct criminal activity, violence, threats, harassment, fraud, extortion, trafficking, contraband, escape planning, tampering with evidence, obstruction of justice, or evasion of monitoring or restrictions.

6.3 Misuse Communications. Impersonate any person or entity, misrepresent affiliations, forge headers or identities, or engage in deceptive communications.

6.4 Harm Systems. Interfere with or disrupt the Services or networks, including transmitting malware, scraping, reverse engineering, attempting unauthorized access, or bypassing security.

6.5 Abuse or Overuse. Use the Services in a way that excessively burdens systems or exceeds reasonable usage, including automated high-volume requests unless expressly permitted by your plan or in writing.

6.6 Prohibited Content. Generate or transmit content that is unlawful, defamatory, obscene, exploitative, or otherwise prohibited by facility rules or applicable law. Any content involving minors in a sexual context is strictly prohibited.

6.7 Violations Consequences. We may investigate suspected violations and may suspend or terminate accounts immediately as described in Section 14.

7) USER CONTENT; OUTPUTS; RESPONSIBILITY FOR CONTENT

7.1 You Own/Control What You Submit. You retain rights you may have in Content you submit, subject to the licenses below.

7.2 License You Grant to PenBot. You grant PenBot a non-exclusive, worldwide, royalty-free license to host, store, process, transmit, display, and use your Content solely to provide, maintain, secure, improve, and support the Services, including compliance, fraud prevention, abuse detection, auditing, and enforcement of these Terms.

7.3 Responsibility for Content and Use of Output. You are solely responsible for (a) all Content you submit, (b) how you use Output, and (c) verifying that any Output is accurate, complete, appropriate, and compliant with all laws and facility rules before sending or relying on it.

7.4 No Reliance; Human Review Recommended. Outputs can be wrong, incomplete, misleading, or inappropriate. You agree not to rely on the Services as a sole source of truth. You should review all drafts and communications before sending.

7.5 Content Retention. We may retain Content and account data as necessary to provide the Services, comply with legal obligations, resolve disputes, and enforce these Terms. See any posted Privacy Policy for more detail.

8) AI/CHATBOT DISCLAIMERS; NO PROFESSIONAL ADVICE

8.1 Not Legal Advice; Not a Lawyer. The Services may include content that references legal concepts or drafts documents. PenBot is not a law firm, does not provide legal advice, and does not represent you. Outputs are informational and drafting assistance only. For legal advice, consult a licensed attorney.

8.2 Not Medical, Mental Health, Financial, or Tax Advice. Any Output is not professional advice. Consult qualified professionals for your situation.

8.3 No Emergency Use. Do not use the Services for emergencies, urgent safety situations, or time-critical matters. Call local emergency services where appropriate.

9) TEXTING / MESSAGING CONSENT; CARRIER DISCLAIMERS

9.1 Consent to Receive Texts/Calls. If any part of the Services includes SMS/text messaging or phone communications, you consent to receive texts, calls, or prerecorded/artificial voice messages related to the Services at the phone number(s) you provide. Message and data rates may apply.

9.2 Opt-Out. Where applicable, you may opt out of non-essential texts by following instructions provided in the message or by contacting support. Some service-related texts may be necessary (e.g., security notices, account alerts).

9.3 Carrier and Delivery Limits. Carriers may delay, block, or filter messages. We do not guarantee delivery speed or success.

9.4 You Must Have Permission. You represent and warrant that you have permission to contact any number you submit, and you agree you will not use the Services to contact people who have not consented where consent is required by law.

10) SUBSCRIPTIONS; BILLING; NO REFUNDS; CREDIT-ONLY REMEDY

10.1 Subscription Plans. Access to the Services may require a paid Subscription. Features, limits, and pricing are described on the Website or at purchase. We may change plans and prices prospectively.

10.2 Authorization and Recurring Charges. By subscribing, you authorize PenBot (and our payment processors) to charge the payment method you provide on a recurring basis until you cancel, including applicable taxes and fees.

10.3 No Refunds Policy. ALL SALES ARE FINAL. NO REFUNDS WILL BE GIVEN FOR ANY REASON, including but not limited to unused time, dissatisfaction, facility restrictions, CorrLinks restrictions, changes in rules, termination for cause, or inability to access the Services due to circumstances outside our control.

10.4 Service Credits for Qualifying Downtime (Sole Remedy). If the Services are not functioning properly due to a PenBot-caused outage that materially prevents access for a sustained period, your sole and exclusive remedy is account credit, not a refund, provided that:

• You notify support within 30 days of the event,
• We verify the outage was primarily attributable to PenBot systems (not CorrLinks/BOP, carriers, your device/internet, or force majeure), and
• The credit is calculated at PenBot’s reasonable discretion based on the affected service time.Credits have no cash value, are non-transferable, and may expire if your account is terminated.

10.5 Force Majeure Exclusion. No credits are provided for downtime caused by a Force Majeure Event (defined in Section 16) or by third-party systems outside our control (including CorrLinks/BOP systems and telecom carriers).

10.6 Chargebacks and Payment Disputes. Unwarranted chargebacks or payment reversals may result in immediate suspension or termination and may be referred to collections. You agree to contact us first to attempt resolution.

11) THIRD-PARTY SERVICES; CORRLINKS; NO CONTROL

11.1 Third-Party Dependencies. The Services may rely on third parties, including CorrLinks, BOP systems, telecom providers, hosting providers, email providers, and technology vendors (“Third-Party Services”). Third-Party Services may have their own terms and policies. You are responsible for complying with them.

11.2 No Responsibility for Third-Party Actions. We are not responsible for Third-Party Services, including outages, restrictions, account holds, message filtering, delivery failures, monitoring, rejections, delays, fees, or policy changes.

11.3 No Circumvention. You agree you will not use the Services to bypass Third-Party Services’ limitations, monitoring, or enforcement.

12) INTELLECTUAL PROPERTY; LICENSES

12.1 Our IP. PenBot and its licensors own all rights in the Services, including software, designs, text, graphics, trademarks, and proprietary processes, excluding your Content.

12.2 Limited License to You. Subject to these Terms and payment, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for your personal, lawful purposes.

12.3 Restrictions. You may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works of the Services, except as permitted by law.

12.4 Feedback. If you provide suggestions, ideas, or feedback, you grant us a perpetual, irrevocable, worldwide license to use them without compensation.

13) PRIVACY; SECURITY; MONITORING

13.1 Privacy. Our collection and use of personal information is described in our Privacy Policy (if posted). If no Privacy Policy is posted, you still consent to our processing of data as reasonably necessary to provide and secure the Services and comply with law.

13.2 Security. We use reasonable measures to protect the Services, but no system is perfectly secure. You accept the risk of unauthorized access, and you agree PenBot is not liable for security incidents except as required by law.

13.3 Monitoring and Compliance. We may monitor usage, Content, and account activity to (a) enforce these Terms, (b) maintain security, (c) prevent abuse, (d) comply with law, and (e) protect users and third parties. We may remove or restrict Content, features, or accounts at our discretion.

13.4 Law Enforcement Requests. We may comply with legal requests (subpoenas, court orders, warrants) and may disclose information as required.

14) TERMINATION; SUSPENSION; NO REFUNDS FOR ABUSE

14.1 Termination by You. You may stop using the Services at any time. If your Subscription includes cancellation functionality, you may cancel future renewals as described on the Website. Cancellation stops future billing, but does not entitle you to refunds.

14.2 Termination or Suspension by Us. We may suspend or terminate your account or access immediately, with or without notice, if we believe you:

• violated these Terms or any policy,
• used the Services in a way that creates risk or potential liability,
• abused the Services or attempted circumvention,
• engaged in fraud or chargebacks, or
• created excessive operational burden or security risk.

14.3 No Refunds Upon Termination. If your account is terminated for cause or abuse, you forfeit any remaining Subscription time and you are not entitled to refunds. Credits may be revoked.

14.4 Effect of Termination. Upon termination, your license ends, and you must stop using the Services. We may delete or retain data consistent with our policies and legal obligations.

14.5 Survival. Sections that by their nature should survive termination do survive, including (without limitation) disclaimers, limitations of liability, indemnity, dispute resolution, and governing law.

15) DISCLAIMERS OF WARRANTIES

15.1 AS-IS; AS-AVAILABLE. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND.

15.2 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PENBOT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND AVAILABILITY.

15.3 No Guarantee of Results. We do not guarantee that any Output will be correct, helpful, compliant, accepted by facilities, delivered, or suitable for any purpose.

16) FORCE MAJEURE

16.1 Force Majeure Events. PenBot will not be liable for any failure or delay in performance caused by events beyond our reasonable control (“Force Majeure Event”), including but not limited to: acts of God; natural disasters; fire; flood; war; terrorism; civil unrest; strikes or labor disputes; pandemics; government actions; changes in laws or regulations; facility lockdowns; CorrLinks/BOP outages or policy changes; internet/telecom failures; power failures; cyberattacks; hosting provider outages; or third-party service interruptions.

16.2 No Credits/Refunds During Force Majeure. Service interruptions caused by Force Majeure Events do not qualify for credits or refunds.

17) LIMITATION OF LIABILITY

17.1 Exclusion of Certain Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PENBOT AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, AND LICENSORS (“PENBOT PARTIES”) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR PERSONAL INJURY ARISING OUT OF OR RELATED TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY.

17.2 Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE PENBOT PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO PENBOT IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) $100.

17.3 Basis of Bargain. You agree these limitations are a fundamental basis of the bargain between you and PenBot.

17.4 Jurisdictional Limits. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you; in such cases, liability is limited to the maximum extent permitted by law.

18) INDEMNIFICATION; HOLD HARMLESS

18.1 Indemnity. You agree to defend, indemnify, and hold harmless the PenBot Parties from and against any claims, demands, suits, actions, proceedings, damages, losses, liabilities, penalties, fines, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:(a) your access to or use of the Services;(b) your Content or your use of Output;(c) your violation of these Terms, laws, facility rules, or Third-Party Services’ policies;(d) your communications to or regarding any Incarcerated User or third party;(e) any allegation that your Content, instructions, or communications infringed, defamed, or harmed any person; or(f) any dispute between you and any third party (including an Incarcerated User, a facility, CorrLinks, or a telecom provider).

18.2 Cooperation. You agree to cooperate with our defense of any claim. We may assume exclusive control of the defense and settlement of any matter subject to indemnification, and you agree not to settle any matter without our prior written consent.

19) DISPUTE RESOLUTION; BINDING ARBITRATION; FEDERAL COURT ENFORCEMENT

PLEASE READ CAREFULLY. THIS AFFECTS YOUR RIGHTS.

19.1 Informal Resolution First. Before filing a claim, you agree to contact PenBot support with a description of the issue and allow at least 30 days to attempt resolution.

19.2 Binding Individual Arbitration (Primary Method). Except as provided in Section 19.6, any dispute, claim, or controversy arising out of or relating to these Terms or the Services (a “Dispute”) will be resolved by binding arbitration on an individual basis, rather than in court.

19.3 Federal Arbitration Act. This arbitration agreement is governed by the Federal Arbitration Act (FAA) to the maximum extent permitted.

19.4 Arbitration Location; User Pays. The arbitration will take place in the state where you are located (your state of residence), unless the arbitrator determines another location is required for fairness or practicality. Arbitration costs and fees will be paid by you (or your Representative), except where prohibited by law.

19.5 Rules and Administration. Unless otherwise required by law, arbitration will be administered by a nationally recognized arbitration provider (such as AAA or JAMS) under its applicable consumer/commercial rules, as determined by PenBot.

19.6 Exceptions; Injunctive Relief; Court for Enforcement. Either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction to prevent immediate harm (e.g., misuse, fraud, security threats, IP infringement). In addition, either party may bring an action in federal court to compel arbitration, enforce an arbitration award, or confirm/vacate an award. If federal jurisdiction is unavailable, such action may be brought in the appropriate state court.

19.7 Class Action Waiver. YOU AND PENBOT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over any form of class proceeding.

19.8 Time Limit. Any Dispute must be filed within one (1) year after the claim arose, unless a longer period is required by law.

19.9 Severability of Arbitration Terms. If any portion of this Section 19 is found unenforceable, the remainder will remain in effect, and any invalid portion will be modified to reflect the parties’ intent to the maximum extent permitted by law.

20) GOVERNING LAW; VENUE (NON-ARBITRATION MATTERS)

20.1 Governing Law. To the extent not preempted by federal law (including the FAA), these Terms and any Dispute will be governed by the laws of the state where you are located, without regard to conflict-of-laws principles.

20.2 Venue. For any court proceedings permitted under these Terms (including enforcement of arbitration awards or injunctive relief), venue will be in the federal district court that encompasses your residence. If federal jurisdiction is unavailable, venue will be in the state courts located in your county of residence, unless otherwise required by law.

21) NOTICES; ELECTRONIC COMMUNICATIONS

21.1 Electronic Notices. You consent to receive communications from us electronically (email, text, account notices, website postings). You agree that electronic notices satisfy any legal requirements for written notice.

21.2 Notice to Us. Legal notices to PenBot must be sent to the contact information posted on the Website (or as otherwise provided by PenBot in writing). Support requests are not legal notices.

22) ASSIGNMENT

You may not assign or transfer these Terms or your rights/obligations without our prior written consent. We may assign these Terms freely, including in connection with a merger, acquisition, reorganization, or sale of assets.

23) SEVERABILITY; WAIVER

23.1 Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it enforceable.

23.2 No Waiver. Failure to enforce any provision is not a waiver of our right to enforce it later.

24) ENTIRE AGREEMENT; INTERPRETATION

24.1 Entire Agreement. These Terms (and any incorporated policies) are the entire agreement between you and PenBot regarding the Services and supersede prior agreements or understandings.

24.2 Headings. Headings are for convenience only and do not affect interpretation.

25) CONTACT INFORMATION

PenBot LLC support and contact information is provided on www.penbotservices.com. For account issues, billing questions, service credits, or complaints, use the support methods listed on the Website.

26) SPECIAL ACKNOWLEDGMENTS FOR CORRLINKS / INCARCERATED COMMUNICATIONS

26.1 Monitoring and Screening. You acknowledge that incarceration-related communications may be monitored, screened, delayed, rejected, or recorded by facilities, CorrLinks, or other third parties, and PenBot has no control over those actions.

26.2 No Confidentiality. You should not assume any communication is confidential. Do not transmit sensitive information unless you understand and accept the risks and the facility’s rules.

26.3 User Duty to Comply. You are solely responsible for ensuring that messages, prompts, and Outputs comply with all applicable rules and do not violate restrictions.

27) OPTIONAL SERVICE-SPECIFIC TERMS (IF APPLICABLE)

If PenBot offers additional modules (for example, specialized drafting tools, legal-information bots, or other add-ons), additional terms may apply and will be presented at the time you enable or purchase those features. Those terms are incorporated into these Terms by reference.

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THESE TERMS OF SERVICE.