Terms of Service

1. Accepting these Terms

By creating an account, signing in, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.

If you use the Service on behalf of a company or other organization, you confirm that you have authority to bind that organization to these Terms, and “you” includes that organization.

2. Partners and others without an account

Some pages of the Service open from a link a customer sends you, such as a storm alert, a page for sharing your client list, an event invitation or an unsubscribe page. These Terms apply to your use of those pages. Your relationship is with the company that sent you the link, not with PenSnap, so questions about that relationship should go to that company.

If you share information about other people through these pages, such as your clients’ names and addresses, you confirm that you are allowed to share it for that purpose and that it is accurate to the best of your knowledge. How it is used is described in our Privacy Policy.

You can stop email from a customer at any time with the unsubscribe link in the message, and stop texts by replying STOP.

3. Eligibility, accounts and security

• You must be at least 18 years old and able to form a binding contract.
• Give us accurate information and keep it up to date.
• Keep your password and sign-in methods confidential. You are responsible for all activity under your account.
• Customers are responsible for the users they invite, for what those users do in the Service, and for removing access when someone leaves.
• We may require two-factor authentication for some roles, such as administrators.
• Tell us promptly at kirk@pensnap.software if you suspect unauthorized access to an account, and report security vulnerabilities to the same address.

4. The Service

The Service helps customers find, track and work with referral partners. It includes partner and contact records, a sales pipeline, activity history, email and text messaging, newsletters, events, hit lists and route planning, expense tracking, storm alerts and marketing tools. We improve the Service continually, and we may add, change or remove features.

5. Your content

Customers own the partner records, notes, messages, files and other material they put into the Service (“Your Content”). We claim no ownership of it.

You give PenSnap a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit and display Your Content only as needed to provide, secure and support the Service for you. That includes processing by the service providers listed in our Privacy Policy and by AI features you choose to use. We do not sell Your Content, and we do not use it to train AI models.

You confirm that you have the rights needed to put Your Content into the Service and to use it as you do, and that doing so does not violate anyone’s rights or any law.

If you send us feedback or suggestions, we may use them without any obligation to you.

6. Email and text messages you send

You decide whom to email and text through the Service and what to say. You are responsible for those messages, including automated ones you turn on, such as follow-up sequences, drips, newsletters, event invitations and reminders that go out in a user’s name.

• Follow the laws and carrier rules that apply to commercial messages, including the CAN-SPAM Act, the Telephone Consumer Protection Act and state equivalents.
• Before texting anyone, have any consent the law requires, and keep the consent records in the Service accurate.
• Do not remove or disable the unsubscribe links the Service adds to email. The Service stops sending to people who unsubscribe or reply STOP, but you must also honor opt-outs you receive another way.

Messages and phone numbers may be subject to carrier registration and filtering. We do not guarantee that any message will be delivered.

7. AI features

Some features use artificial intelligence provided by Anthropic. They draft messages and posts, personalize follow-ups, learn a user’s writing tone, and read business cards and receipts. AI output can be wrong or inappropriate. Review it before you rely on it or send it, and check details read from cards and receipts.

When you turn on AI-personalized follow-ups, messages may go out without a person reviewing each one. You are responsible for them as if you had written them.

8. Storm and hail alerts

Storm alerts and hail reports are estimates based on third-party weather data. They are not an inspection and do not show whether any property was damaged. Do not rely on them alone for insurance, safety or repair decisions.

9. Lead finding and public business information

The Service can find businesses through Google and public sources such as state licensing records. That information may be incomplete or out of date. You are responsible for how you use it, including following do-not-call and anti-spam rules and the terms of the source.

10. Expense tracking and connected cards

You can connect credit or debit cards through Plaid Inc. to import transactions. By connecting an account you also agree to Plaid’s end-user privacy policy. PenSnap is not a bank or a payment service, and we never see your bank login.

Categories, budget rules and receipt matching are there to help. The customer is responsible for approving expenses, reimbursements, taxes and its own accounting.

11. Third-party services and integrations

The Service works with third-party services, such as Google, Microsoft and Apple sign-in and calendars, LinkedIn, Plaid, RepLine and Storm Cloud. When you connect or use them, you authorize us to exchange information with them as needed, and your use of them is governed by their own terms. We are not responsible for third-party services, and they may change or stop working with the Service.

12. API

• If you use the Service’s API, keep your API keys secret. You are responsible for all activity using your keys.
• Stay within documented rate limits and do not use the API to get around limits.
• We may change or retire parts of the API. We will try to give reasonable notice of changes that are likely to break existing integrations.

13. Acceptable use

You agree not to use the Service to:

• do anything unlawful, fraudulent or deceptive;
• harass, threaten or mislead anyone, or misrepresent who you are;
• send spam, or email or texts that break anti-spam or telecommunications laws or carrier rules;
• sell or hand over partner, contact or client information for purposes unrelated to the customer’s business relationships;
• upload content that infringes others’ intellectual property or privacy rights, or that is defamatory or obscene;
• send malware or other malicious code;
• scrape the Service, or reverse-engineer, decompile or try to extract its source code, except where the law expressly allows it;
• get around usage limits, rate limits or security controls, or access accounts or data that are not yours; or
• interfere with or disrupt the Service or other users.

We may remove content or suspend access that we reasonably believe violates this section.

14. Fees

Unless your company has agreed otherwise with PenSnap in writing, the Service is currently provided without a usage fee. If we start charging, we will tell account owners in advance, and fees will apply only from the date stated in that notice or in your order. You can stop using the Service before then. Where fees apply, they are billed as stated in your order, do not include taxes, and are non-refundable except where the law requires otherwise.

15. Confidentiality

Each party may receive non-public information from the other (“Confidential Information”). Your Content is your Confidential Information. Each party will use the other’s Confidential Information only to perform under these Terms, protect it with reasonable care, and share it only with people and service providers who need it for that purpose and are bound by confidentiality obligations.

Confidential Information does not include information that is or becomes public through no fault of the receiving party, was already known to it, is independently developed, or is rightfully received from someone else. A party may disclose Confidential Information when required by law, after giving notice to the other party where legally allowed.

16. Suspension and termination

You may stop using the Service at any time. To close an account, email kirk@pensnap.software.

We may suspend or terminate access if you materially breach these Terms, create a security or legal risk for PenSnap or others, or if the law requires it. Where reasonable, we will give notice and a chance to fix the problem first. We may also discontinue the Service with reasonable advance notice.

Your data. Before closing an account, administrators can export partner records from Admin, and we will provide a fuller copy on request. What happens to information afterward is described in our Data Retention Policy.

Sections that by their nature should survive termination, including Your Content, confidentiality, disclaimers, limitation of liability, indemnification and governing law, survive.

17. Disclaimers

The Service is provided “as is” and “as available.” To the maximum extent permitted by law, PenSnap disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. PenSnap does not warrant that the Service will be uninterrupted or error-free, that any message will be delivered, or that AI features, storm alerts, lead information or expense categories will be accurate.

We do not guarantee any particular uptime. You are responsible for reviewing messages, AI output and imported data before you rely on them.

18. Limitation of liability

To the maximum extent permitted by law: (a) neither party will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, goodwill or data, even if advised of the possibility of those damages; and (b) each party’s total liability arising out of or relating to these Terms or the Service will not exceed the greater of the amounts you paid to PenSnap for the Service in the 12 months before the event giving rise to the claim, or US$100.

These limits do not apply to either party’s indemnification obligations, to your breach of the Acceptable use section, or to liability that cannot be limited under applicable law (such as liability for fraud, gross negligence or willful misconduct). Some jurisdictions do not allow certain exclusions or limitations, so some of the above may not apply to you.

19. Indemnification

You will defend, indemnify and hold harmless PenSnap Software, LLC and its officers, employees and agents from any third-party claims, and related losses, damages and reasonable legal fees, arising from Your Content, messages sent through the Service at your direction (including claims under anti-spam and telephone consumer protection laws), information you share about other people, or your use of the Service in violation of these Terms or the law. We will notify you promptly of any claim and let you control its defense, and you will not settle a claim that imposes obligations on PenSnap without our consent.

20. Governing law and venue

These Terms are governed by the laws of the State of Colorado, without regard to its conflict-of-laws rules, and by applicable U.S. federal law. Any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in Denver County, Colorado, and each party consents to the jurisdiction of those courts.

21. Changes to these Terms

We may update these Terms from time to time. When we do, we will change the “Last updated” date above. If a change is material, we will notify account holders by email or in the Service before it takes effect. If you keep using the Service after the change takes effect, you accept the updated Terms. If you do not agree, stop using the Service.

22. General

• Entire agreement. These Terms, together with the Privacy Policy and any order or written agreement with PenSnap, are the entire agreement between you and PenSnap about the Service.
• Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition or sale of assets.
• Severability. If any part of these Terms is found unenforceable, the rest stays in effect.
• No waiver. Not enforcing a right is not a waiver of it.
• Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, such as outages at third-party providers, natural disasters or government action.
• Notices. Send legal notices to PenSnap at kirk@pensnap.software. We will send notices to you at the email address on your account or in the Service.
• Relationship. The parties are independent contractors. There are no third-party beneficiaries of these Terms.

23. Contact us

Questions about these Terms? Email kirk@pensnap.software.

PenSnap Software, LLC
4955 Miller St. Suite 202, Wheat Ridge, CO 80033