Terms of Service

These Terms of Service ("Terms") govern your access to and use of Pengu Insights websites, applications, and related services (the "Services"), operated by Pengu Insights ("Pengu Insights," "we," "us," or "our"). By creating an account or using the Services, you agree to these Terms.

1. Who we are

Pengu Insights provides competitive intelligence and marketing analysis tools, including social and ads-related insights, plus related content and free tools on penguinsights.io and app.penguinsights.io.

Contact: hey@penguinsights.io

2. Eligibility and accounts

You must be able to form a binding contract to use the Services. You are responsible for the accuracy of account information and for keeping login credentials confidential. You are responsible for activity under your account.

3. Subscriptions, trials, and billing

Some features require a paid plan. Pricing, included credits, and limits are described on our pricing page and may change with notice. Free or trial access may be limited and can be modified or withdrawn.

Fees are charged through our payment processors. Unless required by law or stated otherwise at checkout, fees are non-refundable once a billing period starts. Taxes may apply based on your location.

4. Acceptable use

You agree not to:

Violate laws or third-party rights
Scrape, overload, or disrupt the Services beyond allowed use
Attempt unauthorized access to systems or other accounts
Misrepresent your identity or affiliation
Use the Services to build a competing product by systematically copying our output, workflows, or proprietary analysis at scale
Upload malware or harmful content

We may suspend or terminate access for violations or risk to the platform or other users.

5. Your content and competitor data

You retain rights to content you submit (for example prompts, notes, or brand assets). You grant us a limited license to host, process, and display that content as needed to provide the Services.

Analyses may reference publicly available competitor or social content. You are responsible for how you use outputs, including compliance with platform terms (Meta, Google, TikTok, LinkedIn, and others) and applicable marketing laws.

6. Intellectual property

The Services, including software, branding, design, and documentation, are owned by Pengu Insights or its licensors. Except for rights expressly granted, no license is implied. You may not copy, reverse engineer, or redistribute the Services except as allowed by law.

7. Third-party services

The Services may integrate with or link to third-party sites and APIs. We are not responsible for third-party content, availability, or terms. Your use of third-party services is between you and that provider.

8. Disclaimers

The Services and outputs are provided "as is" and "as available." Competitive intelligence and rankings-related insights are informational. We do not guarantee specific traffic, rankings, revenue, or business outcomes. To the fullest extent permitted by law, we disclaim warranties of merchantability, fitness for a particular purpose, and non-infringement.

9. Limitation of liability

To the fullest extent permitted by law, Pengu Insights and its officers, employees, and partners will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill. Our aggregate liability for claims arising out of the Services will not exceed the amounts you paid us for the Services in the twelve (12) months before the claim, or fifty euro (€50) if you have not paid fees.

Some jurisdictions do not allow certain limitations. In those cases, liability is limited to the maximum extent permitted.

10. Indemnity

You will defend and indemnify Pengu Insights against claims arising from your misuse of the Services, your content, or your violation of these Terms or applicable law.

11. Termination

You may stop using the Services at any time. We may suspend or end access if you breach these Terms, if required by law, or if we discontinue the Services. Provisions that by nature should survive (including IP, disclaimers, liability limits, and indemnity) survive termination.

12. Changes

We may update these Terms. Material changes will be posted on this page with an updated date. Continued use after changes become effective constitutes acceptance, except where local law requires additional consent.

13. Governing law

These Terms are governed by the laws of Spain, without regard to conflict-of-law rules. Courts in Madrid, Spain, will have exclusive jurisdiction, unless mandatory consumer protections in your country of residence provide otherwise.

14. Contact

Questions about these Terms: hey@penguinsights.io

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