Last update: October 17, 2025
This terms of use agreement (this “Agreement”) forms a legally binding agreement between Penman Pro. (“Penman Pro”, “we”, “our” or “us”) and you, the individual user (“you” or “your”), and governs your use of our websites located at https://www.aipenman.com, including all subdomains (“Sites”), the Software (as defined below) and the Platform (as defined below). Please read it carefully. By clicking to agree or accept or otherwise indicating your acceptance of this Agreement, or by installing or using any Chrome Extension software (including features and functionality available through such extension) and/or any updates to such software via any of the Sites (collectively, the “Software”), or by accessing and using the Penman Pro software-as-a-service platform at https://www.aipenman.com/ (including features and functionality available through such platform) and/or any updates to such platform (collectively, the “Platform”) provided by Otherside, you agree to the terms and conditions of this Agreement. If you do not agree to these terms, you may not register an account, access the Platform, or install or use the Software. We may make changes to this Agreement from time to time. You are responsible for reading and complying with any amended version of this Agreement that is made available by our via the Platform, Software or the Google Chrome Web Store, or that is posted on any of the Sites.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST THE COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
1. The Software.
a. To become a registered user, you may sign up on the application. You must be at least eighteen (18) years of age to register to use the Software and/or Platform (collectively, “Services”). In registering an Account, you agree to provide truthful and accurate information and you shall update such information as necessary through your Account.
b. This service allows users to register and access software updates that Penman may provide through their Gmail or Apple accounts. This agreement allows you to download such software updates to update or restore software on any supported device.
c. The Software, including software embedded in the Software, is licensed, not sold, to you by Penman Pro only under the terms of this Agreement; and Penman Pro reserves all rights not expressly granted under this Agreement. Penman Pro does not own the media or device on which the Software is recorded or stored, but Penman Pro retains ownership of the Software itself. No rights are granted with respect to Software under, and the Software is not licensed or otherwise provided under, any master subscription agreement or other agreement between Penman Pro and you or any Penman Pro customer with which you are employed, affiliated or associated.
d. Penman Pro may do any of the following at any time, with or without notice or cause, and without any liability to you: (a) change, suspend, or terminate any features or functionality of the Services; (b) impose limits on certain features or functionality of the Services; or (c) terminate this Agreement. Upon any such termination, you shall no longer be permitted to access and/or use the Services, and shall delete or destroy all copies of the Software in your possession. Modification, suspension, or termination of the Services (or any part thereof) or this Agreement shall not entitle you to any refund, credit, or other compensation from Penman Pro under this Agreement or any other agreement or from any third party.
2. Ownership Rights and License to Software and Platform. As between you and Otherside, the Sites, Software, application, Platform, and all content contained within the Sites, Software and Platform (excluding User Content, as defined below) are and shall remain the sole property of Penman Pro and are subject to protection under U.S. and foreign copyright and other laws. All trademarks, service marks and trade names displayed on the Sites or Software or within the Platform are proprietary to Penman Pro or its affiliates and/or third party licensors. Subject to the terms and conditions of this Agreement, Penman Pro hereby grants you a personal, revocable, limited, royalty-free, non-transferable license to use the Software and/or to access and use the features and functionality of the Platform, in each instance, solely for your personal, non-commercial purposes. Any rights not expressly granted herein are reserved.
3. Restrictions. You may not:
a. sell, resell, rent, lease, lend, redistribute, sublicense, or otherwise make the Software, Platform, or any part thereof, available;
b. copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Platform or Software or any part thereof; or
c. use the Services to submit or link to any content that, in Penman Pro’s sole discretion:
i. Infringes or violates the intellectual property or other rights of any person or entity;
ii. Intentionally interferes with the operation of the Platform or Software or Penman Pro’s communities or events;
iii. Violates anyone’s privacy or publicity rights;
iv. Breaches any duty of confidentiality that you owe to any person or entity;
v. Is vulgar, offensive, inappropriate, harassing, defamatory, abusive, lewd,pornographic, obscene or otherwise objectionable;
vi. Contains or installs any viruses, worms, bugs, Trojan horses, malware or other code, files or programs designed or having the capability to disrupt, damage or limit the functionality of any software or hardware;
vii. Violates, or would cause an action that violates, any third-party terms of service or otherwise circumvents any firewalls or other technical or security measures on our Sites or any third-party sites;
viii. Contains false or deceptive language or comparative claims regarding Penman Pro’s or third parties’ products, advertising, commercial referrals, spam, chain letters, or any other solicitation, including solicitation of lawsuits; or,
ix. Any other objectionable context, as determined by Penman Pro in its sole discretion.
4. Terms Required by Google, Inc. with respect to the Software.
a. This Agreement constitutes an end user license agreement (EULA) in lieu of any license grant provided by Google to use the Software with Google Chrome or a Supported Device. This Agreement is between you and Penman Pro only, and not with Google. Penman Pro is solely responsible for the Software.
b. The Google Play Store and Apple Store is owned and operated by Google and Apple. Your use of the Google Play Store is governed by a legal agreement between you and Google consisting of the Google Play Store. And your use of the Apple Store is governed by a legal agreement between you and Apple Store.
c. Google and Appstore has no obligation to provide any maintenance or support for the Software.
d. To the maximum extent permitted by applicable law, Google and Appstore shall have no warranty obligation whatsoever with respect to the Software, and shall not be liable for any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty. Penman Pro shall not be required to provide a refund to you under any circumstances. Google and Appstore shall not be responsible for addressing any claims by you or any third party relating to the Software or your possession and/or use of the Software, including but not limited to (i) product liability claims, (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement, or (iii) claims arising under consumer protection or similar legislation.
e. Google and Appstore shall not be responsible for addressing any claims by you or any third party relating to the Software or your possession and/or use of the Software, including but not limited to (i) product liability claims, (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement, or (iii) claims arising under consumer protection or similar legislation.Google and Appstore shall not be responsible for the investigation, defense, settlement or discharge of any claim that the Software or your possession and/or use of the Software infringes a third party’s intellectual property rights.
f. Google and Appstore shall not be responsible for the investigation, defense, settlement or discharge of any claim that the Software or your possession and/or use of the Software infringes a third party’s intellectual property rights.
g. You represent and warrant that (i) the Software shall not be downloaded or used in, or transported to, a country that is subject to a U.S. Government embargo or has been designated by the U.S. Government as a “terrorist-supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
h. In order to continually innovate and improve our applicatin, we may collect certain usage statistics. The data collected is examined in the aggregate to improve Google play and App Store for users and developers and is maintained in accordance with Google’s and App Store's Privacy Policy. To ensure the improvement of the Software, limited aggregate data may be available to Penman Pro upon its written request.
5. Fees and Subscription Terms.
a. We offer trial, subscription, and one-time payment plans, all of which provide the same functionality to paid users. You agree to pay all charges in your account in accordance with the fees, charges, and billing terms in effect at the time of payment. Your payment provider agreement governs your rights and obligations, and you must refer to that agreement, not this agreement, to determine your rights and obligations. If you require an invoice, you can request one from Google Play or the App Store.
b. As a user of the Services, you will be responsible for payment of the applicable fee for any premium version of the Software or premium subscription of the Platform (each, a “Service Subscription Fee”) at the time you purchase such premium version or subscribe to paid services and select your monthly or annual subscription package (each, a “Service Commencement Date”). Except as set forth in the Agreement, all fees for the Services are non-refundable.
c. Your subscription will remain valid indefinitely until discontinued by Google Play or the App Store. After your initial subscription period ends, and after the end of any subsequent subscription period, your subscription will automatically renew on the first day after the end of each subsequent period (hereinafter referred to as the "Renewal Start Date") for the same period at the then-current price for that subscription on Penman Pro. You agree that your account will automatically renew unless you cancel your subscription 24 hours prior to Renewal Start. You can cancel your subscription through the App Store or Google Play by visiting the "Change/Cancel Membership" page in your "Account Settings". If you cancel your subscription, you will retain it until the end of the current subscription period; after the current subscription period ends, your subscription will not automatically renew. However, you will not receive any pro rata refund of the subscription fee already paid for the current subscription period. By subscribing, you authorize Google Play or the App Store to charge your payment service provider immediately and again at the start of any subsequent subscription period. For subscriptions that are one-time payments, the platform will not charge you for subsequent events upon renewal. You agree that Penman Pro may terminate or suspend your subscription and continue to attempt to charge your payment service provider until payment is received (once payment is received, your account will be activated and your new subscription commitment period will commence from the date payment is received for automatic renewal purposes). If any questions please contact to support@aipenmanpro.com
6. User Content.
By using the Services, you acknowledge and agree to Penman Pro'sprivacy policy available at www.aipenmanpro.com/privacy, as may be amended from time to time (“Penman Pro Privacy Policy”). Without limiting the generality of the foregoing, the Services may access and/or obtain data, information and content stored or displayed on or through a Supported Device and/or a computer or other device through which you access the Services (“Device Data”). You may also directly submit, upload or otherwise make available to Penman Pro data, information and/or content through your use of the Services (“Input”), and generate certain data, information or content that is returned to you through the Services (“Output”, and together with the Device Data and Input, the “User Content”). As between you and Penman Pro, you own all rights in the User Content. You hereby grant to Penman Pro the right to use the User Content to provide, personalize, improve and develop our products and services, including to train our machine learning algorithms . The Services may also provide Penman Pro with information related to your use of and interaction with the Services, which Penman Pro may use to improve and develop its products and services, including to train our machine learning algorithms.
7. Feedback.
If you provide or otherwise make available to Penman Pro any suggestions, enhancement requests, recommendations, corrections or other feedback (“Feedback”), whether related to the Services or otherwise, then (a) you hereb acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Penman Pro under any fiduciary or other obligation; and (b) you hereby grant to Penman Pro, to the maximum extent permitted under applicable law, a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Feedback, in any format or media now known or hereafter developed, and for any purpose (including marketing or promotional purposes or testimonials).
8. Your Representations and Warranties.
a. You represent and warrant that in connection with your use of the Services, you shall supply truthful and accurate information to Penman Pro and you shall comply with all applicable laws.
b. You represent and warrant that you will not misrepresent the role of Penman Pro or the Services in formulating the User Content. You are solely responsible for all User Content, including evaluating it for accuracy and ensuring that it does not violate any applicable laws, rules or regulations or this Agreement.
c. c. You represent and warrant that (i) you either are the sole and exclusive owner of all Input or you have all rights, licenses, consents and releases necessary to deliver the Input to Otherside; and (ii) neither the User Content, nor Penman Pro'suse of thereof as permitted herein will infringe, misappropriate, or violate a third party's intellectual property or proprietary rights, or rights of personality, publicity or privacy, or any moral rights, or result in the violation of any applicable law or regulation.
9. Use of Generative AI or Similar Technologies.
a. You acknowledge and agree that artificial technology, machine learning and similar technologies (“AI Technology”) are evolving and (i) the Output you receive while using the Services may not be accurate or reliable and (ii) any actions that are taken through the use of the AI Technology (e.g., browsing or making a purchase on a third-party site) are dependent on the applicable Input and may be unintended. Penman Pro bears no liability to you or anyone else arising from or relating to your use of the AI Technology and/or the User Content.
b. By using the Services, you acknowledge and accept the following:
i. AI Technology may result in incorrect, unreliable or offensive Output that does not represent the views of Penman Pro;
ii. Any Output pertaining to medical, legal, financial, or other professional advice is for informational purposes only and is not a substitute for advice from a qualified professional;
iii. Output may not be unique and other users may generate the same or similar output through use of AI Technology, including the Services; and
iv. You will use discretion before instructing AI Technology to take any actions on your behalf, and are solely responsible for monitoring and approving any such actions; and
v. You will use discretion before relying on, publishing, or otherwise using Output.
10. DISCLAIMER OF WARRANTY.
a. NEITHER Penman Pro NOR ITS THIRD PARTY PROVIDERS WARRANT THE SERVICES WILL PERFORM IN ACCORDANCE WITH ANY SPECIFICATIONS, DOCUMENTATION, OR OTHER STANDARDS, PERFORM IN AN UNINTERRUPTED CAPACITY, BE ERROR-FREE OR BUG-FREE, PROVIDE COMPLETE OR ACCURATE DATA, NOR DO THEY MAKE ANY WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM THE USE OF THE SERVICES. USE OF THE SERVICES AND RELIANCE THEREON IS AT YOUR SOLE RISK. NEITHER Penman Pro NOR ITS THIRD PARTY PROVIDERS SHALL IN ANY WAY BE LIABLE TO YOU OR ANY OTHER ENTITY OR PERSON FOR THEIR INABILITY TO USE THE SERVICES, OR FOR ANY INACCURACIES, ERRORS, OMISSIONS, DELAYS, COMPUTER VIRUSES OR OTHER INFIRMITY OR CORRUPTION, DAMAGES, CLAIMS, LIABILITIES OR LOSSES, REGARDLESS OF CAUSE, IN OR ARISING FROM THE USE OF THE SERVICES. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTY OR ANY SUPPORT OR MAINTENANCE OF ANY KIND. NO WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR OF ANY OTHER TYPE IS PROVIDED HEREUNDER. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Penman Pro OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE DISCLAIMER, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
b. FROM TIME TO TIME, Penman Pro MAY OFFER NEW “BETA” FEATURES OR TOOLS RELATING TO THE SERVICES WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES Page 8 of 13OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT Penman Pro'sSOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
c. IF YOU ARE A USER FROM NEW JERSEY, THIS SECTION TITLED “DISCLAIMER OF WARRANTIES” AND THE SECTIONS TITLED “LIMITATION OF LIABILITY” AND “INDEMNIFICATION” BELOW ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
11. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCE SHALL OTHERSIDE, ITS AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU ON ACCOUNT OF YOUR USE OR MISUSE OF, OR RELIANCE ON, THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OTHERSIDE, ITS AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST SAVINGS, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES OR OTHER DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Penman Pro'sOR ITS AFFILIATES’, AGENTS’ OR LICENSORS’ AND ALL OF THEIR RESPECTIVE OFFICERS’, DIRECTORS’, SHAREHOLDERS’, EMPLOYEES’ OR CONTRACTORS’ AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (I) THE TOTAL AMOUNT FEES PAID BY YOU TO Penman Pro UNDER THIS AGREEMENT (IF ANY) OR (II) THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN THE PARTIES HERETO. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR HAVE LEGISLATION THAT RESTRICTS THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. Indemnification.
You hereby agree to indemnify, defend, release, and hold harmless Penman Pro, its partners, licensors, affiliates, contractors, officers, directors, employees, and agents from all damages, losses and expenses arising directly or indirectly from (a) any negligent acts, omissions or willful misconduct by you, (b) any breach of this Agreement by you, (c) the User Content, including your and our use of the User Content and any actions taken by the Services that arise from your Input, and/or (d) your violation of any laws, rules, or regulation or any violation of any rights of any third party. Penman Pro will provide notice to you promptly of any such claim, suit, or proceeding and will assist you, at your expense, in defending any such claim, suit, or proceeding. Penman Pro reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you must provide Penman Pro with any cooperation Penman Pro reasonably requests.
13. Governing Law.
This Agreement and any action related thereto will be governed and interpreted by and under the laws of the State of New York, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
14. Waiver and Severability.
Penman Pro'swaiver of any breach under this Agreement will not be considered a waiver of any earlier or later breach. No failure or delay by Penman Pro in exercising any right under this Agreement will constitute a waiver of that right. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law and/or not enforceable, that provision will be deemed null and void, and the remaining provisions of this Agreement will remain in effect.
15. Assignment.
You may not assign or transfer any of your rights or obligations under this
16. Agreement, whether by operation of law or otherwise.
Penman Pro may assign, transfer or sublicense any or all of its rights or obligations under this agreement without restriction.
17. Electronic Communications.
The communications between you and Penman Pro use electronic means, whether you use the Services or send us emails, or whether Penman Pro posts notices through the Services or communicates with you via email. For contractual purposes, you
(a) consent to receive communications from Penman Pro in an electronic form; and
(b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Penman Pro provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
18. Notices.
Where Penman Pro requires that you provide an e-mail address, you are responsible for providing Penman Pro with your most current e-mail address. In the event that the last e-mail address you provided to Penman Pro is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, Penman Pro'sdispatch of the e-mail containing such notice will nonetheless constitute effective notice.
19. Force Majeure.
Penman Pro shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
20. Questions, Complaints, Claims.
If you have any questions, complaints or claims with respect to the Software, please contact us at support@aipenmanpro.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.