Terms of Service

1. What Penci.ly Is

Penci.ly is a visual workspace: an infinite canvas for organizing ideas, plans, and projects using cards, free-floating text, images, to-do lists, buttons, link bookmarks, color swatches, and nested boards, with optional real-time collaboration.

It is provided "as is" and is currently in pre-alpha. Features, data structures, and the continued availability of your data are not guaranteed to be stable. Review section 8 before relying on Penci.ly for anything business-critical.

2. Eligibility

You must be at least 16 years old, or the minimum age of consent for data processing in your country if higher, to create an account. If you are between 13 and that age, you may use Penci.ly only with the involvement of a parent or guardian who agrees to these terms on your behalf. Penci.ly is not directed at children under 13, and we do not knowingly collect data from them.

3. Accounts

Accounts are created and authenticated through Clerk. You are responsible for:

• Keeping your login credentials and connected sign-in methods secure.
• All activity that happens under your account.
• Notifying us promptly if you suspect unauthorized access.

We are not liable for losses caused by someone else accessing your account through credentials you failed to keep secure, although we will assist in good faith with account recovery and investigate reports of compromise.

4. Subscription Plans and Billing

Penci.ly may offer free, one-time purchase, and recurring subscription plans. Current plan details and prices are shown at the point of purchase.

• Paid plans are billed through LemonSqueezy, which acts as merchant of record and handles payment card data, tax and VAT collection, remittance, and invoicing. We never see or store your full card number.
• Subscriptions renew automatically until cancelled. You can cancel at any time; cancellation takes effect at the end of the current billing period unless stated otherwise at checkout.
• Refunds are handled case by case. Lifetime plans are one-time purchases and do not recur.
• We may change prices for future billing periods with advance notice. We will not retroactively charge a higher price for a period you have already paid for.

5. Fair Use Policy

"Unlimited" in our marketing or plan descriptions means unlimited within reasonable, good-faith individual or small-team use, not unlimited in the literal sense. Usage limits exist to keep the service reliable and sustainable for everyone and are intended to restrict automated or abusive use rather than ordinary users.

You agree not to:

• Store, transmit, or share content that is illegal, infringes intellectual property, or violates a third party's rights.
• Upload malware or content designed to exploit or disrupt the service or other users.
• Attempt to circumvent rate limits, storage caps, or plan restrictions.
• Use link bookmarks to make our servers fetch internal or private network addresses or probe infrastructure.
• Scrape, reverse-engineer, or resell access to the service without written permission.
• Use another person's account or impersonate someone else.

Violations may result in content removal, rate limiting, suspension, or termination proportionate to the violation. We aim to warn users before hard-blocking when the behavior is not malicious.

6. Your Content

You own what you create on Penci.ly, including your boards, cards, text, and images. By using the service, you grant Penci.ly a limited license to host, store, transmit, back up, and display that content solely as needed to provide and improve the service.

We do not sell your content, and we do not use your board content to train AI models. You are responsible for having the rights to anything you upload and for deciding who you share a board with.

7. Collaboration and Sharing

Boards can be shared with other Penci.ly accounts as viewers or editors. You control access to boards you own. Removing a collaborator ends their future access, but we cannot guarantee retroactive removal of anything they downloaded, exported, or captured while they had access.

8. Disclaimers

Penci.ly is provided "as is" and "as available," without warranties of any kind, express or implied. Given the product's pre-alpha status, we do not guarantee:

• Uninterrupted or error-free operation.
• Long-term data retention or that the schema or format of your data will not change.
• Fitness for a particular purpose, including business-critical or professional use.

Use exports and backups for anything you cannot afford to lose.

9. Limitation of Liability

To the maximum extent permitted by law, Penci.ly and its operators are not liable for indirect, incidental, special, or consequential damages arising from your use of the service, including loss of data, business, or profits, except where liability cannot legally be excluded.

10. Indemnification

You agree to indemnify Penci.ly against claims arising from your violation of these terms or misuse of the service, to the extent permitted by law.

11. Termination

You may delete your account at any time, which removes your owned boards and associated data according to our Privacy Policy. We may suspend or terminate accounts that violate section 5 or applicable law, with notice where practical.

12. GDPR Compliance

We process personal data of users in the EU, EEA, and UK and are committed to GDPR compliance. Penci.ly acts as data controller for account and board data, while our infrastructure providers act as processors or sub-processors.

• Legal basis: We process account and board data under contractual necessity and legitimate interests such as security, abuse prevention, and service improvement. Future marketing communications will be consent-based with an opt-out.
• Data subject rights: EU and UK users may request access, rectification, erasure, restriction, portability, or object to processing under GDPR Articles 15–21. We aim to respond within 30 days.
• International transfers: Where providers process personal data outside the EEA or UK, we rely on Standard Contractual Clauses or equivalent safeguards.
• Breach notification: Where required, we will notify affected users and the relevant supervisory authority within 72 hours of becoming aware of a qualifying breach.

More information is available on our GDPR Compliance page.

13. Governing Law

The governing law and jurisdiction will be identified when the business is formally registered. Any mandatory consumer protections that apply in your country remain unaffected.

14. Changes to These Terms

We may update these terms as the product evolves. Material changes will be reflected in the "Last updated" date, and we will make a reasonable effort to notify active users directly of significant changes affecting their rights.

15. Contact

For legal questions, contact legal@penci.ly.