Terms of Service

Version 1.0 — Last updated February 22, 2026

1. Acceptance of Terms

By accessing or using any Penguinboi Software product or service, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our services.

These Terms apply to all visitors, users, and anyone who accesses our services. Additional terms may apply to specific products and will be presented at the time of use.

2. Description of Services

Penguinboi Software operates the following products and services:

  • PenguinRPG — AI-powered D&D toolkit for generating NPCs, locations, and adventure hooks
  • Corgi Care — Virtual pet simulation game
  • Hacking Slash — Browser-based dungeon crawler
  • PenguinClock — iOS time tracking and shift management app
  • We Drew This — AI-powered collaborative art generation for Twitch streams
  • Trending — Content moderation simulation game
  • penguinboisoftware.com — Our website, blog, and portfolio

3. User Accounts

PenguinRPG requires account registration to access full features. Guest access is available with limited functionality. Other products do not require accounts.

If you create an account, you agree to:

  • Be at least 13 years of age
  • Provide accurate and complete registration information
  • Maintain the security of your account credentials
  • Notify us immediately of any unauthorized use of your account
  • Accept responsibility for all activity that occurs under your account

4. Acceptable Use

You agree not to use our services to:

  • Abuse, exploit, or interfere with the normal operation of our services
  • Attempt to hack, reverse-engineer, or decompile our software
  • Use our services for any illegal purpose
  • Create bot accounts or use automated tools to scrape content
  • Harass, threaten, or intimidate other users
  • Attempt to circumvent payment systems or access paid features without authorization
  • Impersonate another person or entity
  • Transmit viruses, malware, or other harmful code

We reserve the right to investigate and take appropriate action against anyone who violates these rules, including suspending or terminating access.

5. Payment Terms

PenguinRPG Subscriptions

PenguinRPG offers optional paid subscriptions processed through Stripe. By subscribing, you agree to the following:

  • Subscriptions automatically renew at the end of each billing period unless cancelled
  • You can cancel anytime through the billing portal; your access continues until the end of the current billing period
  • Subscription prices may change with reasonable notice; existing subscribers will be notified before any price increase takes effect
  • You are responsible for keeping your payment information current

Refunds

Refund requests are handled on a case-by-case basis within 30 days of purchase. Contact us at penguinboisoftware@gmail.com to request a refund.

PenguinClock

PenguinClock may offer in-app purchases through Apple's App Store, subject to Apple's Terms and Conditions.

6. Intellectual Property

All software, games, artwork, text, and other content created by Penguinboi Software are protected by copyright and other intellectual property laws. © 2025–2026 Penguinboi Software. All rights reserved.

You may not copy, distribute, modify, or create derivative works from our content without prior written permission, except as expressly permitted by these Terms or applicable law.

Our trademarks, logos, and brand elements may not be used without our written consent.

7. AI-Generated Content

PenguinRPG and We Drew This use artificial intelligence—including Anthropic's Claude and FLUX image generation—to create content such as NPCs, locations, adventure hooks, and artwork.

Regarding AI-generated content, you acknowledge that:

  • AI-generated content is provided as a creative tool and starting point
  • We make no guarantees about the uniqueness, accuracy, or appropriateness of AI-generated content
  • Per US Copyright Office guidance, purely AI-generated outputs may not be copyrightable
  • You are responsible for reviewing and adapting AI-generated content before using it in your own projects
  • AI outputs may occasionally produce unexpected, inaccurate, or inappropriate results

8. User Content

Content you create or save using our services—such as PenguinRPG campaigns, generated NPCs, and other saved data—belongs to you.

By using our services, you grant Penguinboi Software a limited, non-exclusive license to store, display, and serve your content solely as necessary to operate and provide the service to you. We will not use your content for marketing purposes without your permission.

You can delete your content at any time. Upon deletion, we will remove your content from our active systems within a reasonable timeframe, though backup copies may persist for a limited period.

9. Service Availability

We strive for high availability but do not guarantee uninterrupted or error-free service. We may modify, suspend, or discontinue any service at any time with reasonable notice.

We will communicate planned maintenance in advance when possible. We are not liable for any downtime, data loss, or service interruptions, whether planned or unplanned.

10. Disclaimer of Warranties

Our services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that our services will meet your specific requirements, operate without interruption, be timely, secure, or error-free, or that any defects will be corrected.

11. Limitation of Liability

To the maximum extent permitted by applicable law, Penguinboi Software shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising from your use of or inability to use our services.

Our total aggregate liability for any claims arising from or related to these Terms or our services is limited to the greater of: (a) the total amount you paid to Penguinboi Software in the 12 months preceding the claim, or (b) one hundred US dollars ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the fullest extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Penguinboi Software, its owners, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from:

  • Your use of our services
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Any content you submit or transmit through our services

13. Termination

We may terminate or suspend your access to our services immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.

You may stop using our services at any time. PenguinRPG users can request account deletion by contacting us at penguinboisoftware@gmail.com.

Upon termination, your right to use our services ceases immediately. We may retain data as required by law or for legitimate business purposes (such as resolving disputes or enforcing our Terms).

14. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

15. Dispute Resolution

Before filing any formal claim, you agree to attempt informal resolution by contacting us at penguinboisoftware@gmail.com. We will work in good faith to resolve your concern.

If the dispute is not resolved within 30 days of your initial contact, it shall be resolved through binding arbitration conducted in California, in accordance with applicable arbitration rules.

Exceptions: Either party may seek injunctive or equitable relief in a court of competent jurisdiction. You may also bring claims in small claims court if your claim qualifies.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

17. Changes to Terms

We may update these Terms from time to time. Changes will be posted on this page with an updated "Last Updated" date. Your continued use of our services after changes are posted constitutes your acceptance of the revised Terms.

For material changes that significantly affect your rights, we will provide notice through our services or by other reasonable means.

18. Contact

Questions about these Terms of Service? Contact us at:

Email: penguinboisoftware@gmail.com

Version History
  • v1.0 (February 22, 2026) — Initial version
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