1. Agreement to these terms
By creating an account, purchasing a subscription, or using Penny's Desk, you agree to these Terms of Service. If you use Penny for a company or other organization, you confirm that you have authority to bind that organization, and “you” includes that organization.
2. Eligibility and accounts
You must be at least 18 years old and able to enter into a legally binding agreement. You must provide accurate account information, keep login credentials secure, and promptly notify us of suspected unauthorized access. You are responsible for activity under your account and for the people you permit to use your workspace.
3. The service
Penny helps businesses configure and manage AI telephone receptionists, telephone numbers, call handling, summaries, integrations, and related workflows. Voice assistants, telephone numbers, and live calls may be hosted by third-party providers. Features may change as we improve the service, and some features may be offered as previews or subject to additional terms.
AI-generated speech, summaries, classifications, and other outputs may be incomplete or inaccurate. You are responsible for reviewing your agent's instructions, testing its behavior, monitoring important outcomes, and maintaining an appropriate human escalation path. Penny is not an emergency service and must not be used as a replacement for 911, 112, or any other emergency service.
4. Your responsibilities
You are responsible for:
- the instructions, business information, integrations, routing rules, and other content you provide;
- ensuring that your use of Penny, including calls, messages, transfers, and appointment workflows, complies with applicable law;
- providing required disclosures and obtaining required consent for AI interactions, call recording, transcription, marketing, and collection of caller information;
- keeping your business information accurate and not directing an agent to mislead callers or make unsupported claims; and
- responding appropriately when a caller needs human assistance or when the service identifies an issue it cannot safely resolve.
5. Acceptable use
You may not use the service to:
- break the law or violate another person's rights;
- harass, threaten, defraud, deceive, or impersonate anyone;
- place unlawful automated, prerecorded, robocall, or telemarketing calls;
- collect or disclose sensitive information without appropriate authority and safeguards;
- interfere with, probe, disrupt, or bypass service security;
- resell or provide the service to third parties unless we agree in writing; or
- use the service in high-risk situations where an error could reasonably lead to death, serious injury, or substantial property damage.
6. Subscriptions, usage, and payment
Paid plans renew automatically for the billing period shown at purchase until canceled. You authorize us and our payment processor to charge the applicable fees, taxes, and usage-based charges. Plan allowances, overages, fair-use limits, and trial terms are described at purchase or in your order form. Except where required by law or expressly stated, payments are non-refundable.
You may cancel renewal before the next billing date. Cancellation takes effect at the end of the current paid period unless stated otherwise. We may change prices with advance notice, and a new price will apply no earlier than your next renewal after that notice.
7. Customer content and data
You retain ownership of content and data you submit to Penny. You grant us a limited, worldwide right to host, copy, transmit, process, and display that content only as needed to provide, secure, support, and improve the service and meet our legal obligations. You confirm that you have the rights and permissions needed for us and our service providers to process that content as instructed by you.
Our handling of personal information is described in our Privacy Policy and Subprocessor List. If we process personal information on your behalf, additional data-processing terms may apply.
8. Our intellectual property
Penny and its licensors own the service, software, branding, documentation, and related intellectual property. Subject to these terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable right to use the service for your internal business purposes during your subscription.
9. Third-party services
Penny relies on third-party voice, AI, telephony, hosting, database, authentication, payment, and integration providers. Their availability and performance are not fully within our control, and your use of a connected service may also be subject to that provider's terms. We are not responsible for third-party products or for changes a third party makes to its service.
10. Suspension and termination
You may stop using Penny at any time. We may suspend or terminate access if you materially breach these terms, create risk or legal exposure, fail to pay amounts due, or use the service in a way that could harm callers, us, or others. When practical, we will give notice and an opportunity to cure. After termination, your right to use the service ends and we may delete data according to our retention practices and applicable law.
11. Disclaimers
To the fullest extent permitted by law, the service is provided “as is” and “as available.” We disclaim implied warranties, including merchantability, fitness for a particular purpose, non-infringement, and any warranty that the service will be uninterrupted, error-free, or meet every business requirement. Nothing in these terms limits warranties or rights that cannot legally be excluded.
12. Limitation of liability
To the fullest extent permitted by law, neither Penny nor its suppliers will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, goodwill, or business opportunities arising from the service. Our total liability arising out of or relating to the service will not exceed the amount you paid to Penny for the service during the 12 months before the event giving rise to the claim. These limits do not apply where liability cannot legally be limited.
13. Indemnity
To the extent permitted by law, you will defend and indemnify Penny and its personnel against third-party claims, losses, and reasonable costs arising from your content, your configuration or use of the service, your violation of these terms, or your violation of another person's rights.
14. Changes to these terms
We may update these terms from time to time. We will post the updated version here and update the effective date. If a change is material, we will provide reasonable advance notice when required. Continued use after the updated terms take effect means you accept them.
15. General terms
These terms and any applicable order form are the entire agreement about the service and supersede earlier discussions about it. If there is a conflict, an order form controls over these terms. You may not assign the agreement without our consent, but we may assign it as part of a merger, reorganization, or sale of our business. If one provision is unenforceable, the remaining provisions remain in effect. A failure to enforce a provision is not a waiver.
The governing law and courts identified in an applicable order form will apply. If no order form identifies them, the laws and courts of the place where the Penny operator is established will apply, without regard to conflict-of-laws principles, unless applicable law requires otherwise.
16. Contact us
Questions about these terms may be sent to legal@pennysdesk.com.