Terms & Conditions — The Pen Media

Effective date: September 7, 2025
Contact: [email protected]

These Terms & Conditions (“Terms”) govern your access to and use of websites, pages, content, offers, downloads, forms, and services operated by The Pen Media (“The Pen Media,” “we,” “us,” or “our”) (collectively, the “Services”). By using the Services, you agree to these Terms. If you do not agree, do not use the Services.

1) Eligibility & Accounts

You must be at least 18 years old (or the age of majority where you live) to use the Services. If you create an account, you’re responsible for maintaining its security and for all activity under it. You agree to provide accurate, complete information and to update it as needed.

2) Permitted Use

You may use the Services for lawful, internal business purposes only. You may not:

Copy, modify, reverse engineer, or create derivative works of the Services.

Interfere with or disrupt the Services or bypass security or access controls.

Upload or transmit malicious code or content that infringes rights or violates law.

Use the Services to collect or process personal data without a lawful basis or required consents.

3) Intellectual Property

All content and materials on the Services—text, graphics, logos, videos, guides, templates, and software—are owned by or licensed to The Pen Media and protected by law. Except as expressly allowed, you may not reproduce, distribute, display, or otherwise use our IP without prior written consent.

4) Your Content

If you submit or upload content (e.g., creative assets, brand guidelines, lead lists, testimonials), you grant The Pen Media a non-exclusive, worldwide, royalty-free license to host, use, modify (formatting/editing), and display it solely to operate and provide the Services. You represent you have all rights and consents needed for that content and that it does not infringe any third-party rights or laws.

5) Service Terms; Orders & Separate Agreements

From time to time, you may request paid services (e.g., ad campaigns, appointment setting, funnels, creative). Such services may be governed by an order form, statement of work, or master services agreement (each, an “Order”). If an Order conflicts with these Terms, the Order controls for the conflicting subject. Unless stated otherwise in an Order:

You remain the advertiser of record and are responsible for ad spend, compliance, and approvals.

We may use third-party tools (ad platforms, CRMs, email/SMS platforms, call tools) as processors or sub-processors.

Timelines are estimates; performance depends on your timely feedback, asset delivery, approvals, access, and market conditions.

6) Advertising & Compliance

You acknowledge:

You are responsible for the lawful basis to process and contact leads (e.g., TCPA/consent rules in the U.S.) and for honoring opt-outs, DNC lists, and applicable consumer protection laws.

Claims about your products/services must be accurate and substantiated.

We may decline or pause campaigns we believe are non-compliant or risky.

7) Payments, Billing & Taxes

Unless otherwise agreed in an Order:

Ad spend is paid directly by you to the ad platform(s) or via your payment method on file.

Our service fees (if any) are due upon invoice; late amounts may accrue interest at the lesser of 1.5% per month or the maximum allowed by law.

Fees are exclusive of taxes (sales, VAT, GST, withholding). You’re responsible for applicable taxes, excluding taxes based on our net income.

8) Confidentiality

Each party may access the other’s confidential information. The receiving party will protect such information with at least reasonable care, use it only to perform under these Terms or an Order, and not disclose it except to personnel/contractors with a need to know and similar obligations, or as required by law with prompt notice (where lawful).

9) Third-Party Links & Tools

The Services may include links to third-party sites/tools we don’t control. We provide these “as is” and are not responsible for their content, policies, or practices. Your use of third-party services is governed by their terms.

10) Disclaimers

EXCEPT AS EXPRESSLY SET OUT IN A SIGNED ORDER, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Marketing and advertising results are not guaranteed and vary by market, budget, offer, and execution.

11) Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE PEN MEDIA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOST PROFITS, REVENUE, OR DATA; BUSINESS INTERRUPTION; OR SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS BEFORE THE EVENT OR US$1,000, WHICHEVER IS GREATER. SOME JURISDICTIONS DO NOT ALLOW LIMITS ON IMPLIED WARRANTIES OR LIABILITY; THESE LIMITS MAY NOT APPLY TO YOU.

12) Indemnification

You will defend, indemnify, and hold harmless The Pen Media and its officers, directors, employees, and contractors from and against claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your content, products, services, or data practices; (b) your use of the Services in violation of these Terms or law; or (c) alleged infringement or violation of third-party rights caused by your materials or instructions.

13) Suspension & Termination

We may suspend or terminate access to the Services (in whole or part) immediately if you violate these Terms or law, pose a security or legal risk, or fail to pay amounts due. You may stop using the Services at any time. Sections that by their nature should survive (e.g., IP, confidentiality, payments due, disclaimers, limits of liability, indemnification, dispute resolution) will survive termination.

14) Changes to the Services or Terms

We may update the Services and these Terms from time to time. If we make material changes, we’ll post the updated Terms and update the “Effective date” above. Your continued use after changes become effective constitutes acceptance of the updated Terms.

15) Privacy

Your use of the Services is also subject to our Privacy Policy, which explains how we collect and process personal information. The Privacy Policy is incorporated by reference into these Terms.

16) Dispute Resolution; Governing Law; Venue

Governing law. These Terms are governed by the laws of the State of [Your State], U.S.A., without regard to conflicts of law rules.
Informal process. Before filing a claim, the parties will attempt to resolve disputes informally for 30 days after written notice.
Arbitration. Except for claims seeking injunctive relief or relating to IP rights, any dispute arising out of or relating to these Terms or the Services will be finally resolved by binding arbitration under the AAA Commercial Arbitration Rules by one arbitrator. Seat/venue: [Your City, Your State]. Language: English. Class actions are waived; disputes must be brought individually. Judgment on the award may be entered in any court of competent jurisdiction.
If arbitration is unenforceable for a claim, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in [Your County, Your State].

Note: Replace bracketed locations with your actual state/city before publishing.

17) Export & Sanctions

You represent you are not located in, under the control of, or a national or resident of any country or party subject to U.S. sanctions or other applicable export restrictions. You agree to comply with all export, re-export, and sanctions laws.

18) Miscellaneous

Entire Agreement. These Terms plus any applicable Order constitute the entire agreement and supersede prior or contemporaneous understandings on the subject.

Assignment. You may not assign or transfer these Terms without our prior written consent; we may assign to an affiliate or in connection with a merger or sale.

Severability. If any provision is held unenforceable, the remaining provisions remain in effect.

No Waiver. Failure to enforce a provision is not a waiver.

Notices. Legal notices to us must be sent to [email protected] and are deemed given when received; notices to you may be given via the email associated with your account or via the Services.

Questions?
Contact: [email protected]

This document is provided for general informational purposes and is not legal advice. Consider having counsel customize it for your business, jurisdiction, and specific service model (e.g., pay-per-result, ad spend handling, data processing, TCPA).