1. Introduction
Welcome to Penguin Protect LLC ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our website, services, and any related applications (collectively, the "Services") provided by Penguin Protect LLC, located in Mesa, Arizona.
By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access or use our Services.
2. Acceptance of Terms
By accessing, browsing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our Services.
These Terms apply to all visitors, users, and others who access or use our Services.
3. Services Description
Penguin Protect LLC provides the following services:
- AI Solutions & Automation services
- Professional Bookkeeping and Financial Services
- Custom Software Development
- Business Optimization and Consulting
- Cybersecurity Solutions
We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice.
4. User Accounts and Registration
Some Services may require you to create an account. When you create an account, you agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Maintain the security of your password and account
- Accept responsibility for all activities that occur under your account
- Notify us immediately of any unauthorized use of your account
We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent, illegal, or harmful activities.
5. Service Agreements and Contracts
When you engage our services, a separate service agreement or contract will be executed that outlines:
- Scope of work and deliverables
- Pricing and payment terms
- Timeline and milestones
- Intellectual property rights
- Confidentiality obligations
- Termination conditions
The terms of individual service agreements will govern those specific engagements and may supplement or modify these Terms as applicable.
6. Payment Terms
Payment terms will be specified in your service agreement. General payment terms include:
- Payment is due according to the schedule outlined in your service agreement
- Late payments may incur interest charges as specified in your agreement
- We reserve the right to suspend services for accounts with overdue balances
- All fees are non-refundable unless otherwise specified in your service agreement or our Refund Policy
For information about refunds, please refer to our Refund Policy.
7. Intellectual Property Rights
Our Intellectual Property: All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, software, and designs, are owned by Penguin Protect LLC or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
Your Intellectual Property: You retain ownership of any intellectual property you own prior to engaging our services. Custom work products created specifically for you will be governed by the terms of your service agreement.
You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit our proprietary materials without our express written permission.
8. Confidentiality
Both parties agree to maintain the confidentiality of proprietary and confidential information shared during the course of our engagement. This includes:
- Business strategies and plans
- Financial information
- Technical data and methodologies
- Customer and client information
- Any information marked as confidential
Confidentiality obligations will survive termination of our services and are detailed in individual service agreements.
9. User Conduct and Prohibited Activities
You agree not to use our Services to:
- Violate any applicable laws or regulations
- Infringe upon the rights of others
- Transmit any harmful, offensive, or illegal content
- Attempt to gain unauthorized access to our systems
- Interfere with or disrupt our Services
- Use automated systems to access our Services without permission
- Impersonate any person or entity
Violation of these provisions may result in immediate termination of your access to our Services.
10. Disclaimers and Limitations
Service Availability: Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied. We do not guarantee that our Services will be uninterrupted, secure, or error-free.
Limitation of Liability: To the maximum extent permitted by law, Penguin Protect LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from your use of our Services.
Our total liability for any claims arising from or related to our Services shall not exceed the amount you paid us in the twelve (12) months preceding the claim.
11. Indemnification
You agree to indemnify, defend, and hold harmless Penguin Protect LLC, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your use of our Services, violation of these Terms, or infringement of any rights of another.
12. Termination
We may terminate or suspend your access to our Services immediately, without prior notice, for any reason, including if you breach these Terms.
Upon termination:
- Your right to use our Services will immediately cease
- All outstanding fees remain due and payable
- Confidentiality obligations continue as specified in your service agreement
You may terminate your account at any time by contacting us. Termination of your account does not relieve you of any obligations under these Terms or your service agreements.
13. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law provisions.
Any disputes arising from or relating to these Terms or our Services shall be resolved through:
- Good faith negotiation between the parties
- If negotiation fails, through binding arbitration in Mesa, Arizona, in accordance with the rules of the American Arbitration Association
- You waive any right to participate in a class-action lawsuit or class-wide arbitration
14. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of any material changes by:
- Posting the updated Terms on our website
- Updating the "Last Updated" date at the top of this page
- Sending an email notification for significant changes (if you have an account)
Your continued use of our Services after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using our Services.
15. Contact Information
If you have any questions about these Terms, please contact us:
16. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
17. Entire Agreement
These Terms, together with our Privacy Policy and any service agreements you enter into with us, constitute the entire agreement between you and Penguin Protect LLC regarding your use of our Services, superseding any prior agreements.