Pengi Terms of Use

By accessing, using, creating an account for, purchasing, or otherwise interacting with Pengi, you agree to be bound by these Terms of Use and our Privacy Policy. If you are using Pengi on behalf of a school, organization, or other entity, you represent that you have authority to bind that entity to these Terms.

If you do not agree to these Terms, do not use Pengi.

Pengi is designed for students, parents, guardians, educators, schools, and other authorized users. If you are under the age required to form a binding contract in your jurisdiction, you may use Pengi only with the involvement of a parent, guardian, school, or other authorized adult.

You are responsible for ensuring that your use of Pengi complies with applicable laws, school rules, and any policies that apply to your learning environment.

• You may need an account to use some features of Pengi.
• You must provide accurate information and keep your credentials secure.
• You are responsible for activity that occurs under your account unless caused by our misconduct.
• We may suspend or restrict access if we reasonably believe an account is being used improperly, unlawfully, or in a way that risks harm to users or the service.

Pengi provides textbook-aligned learning tools, tutoring assistance, practice experiences, and related educational content. Some features may rely on automated systems, including AI-generated outputs.

You understand that automated or AI-supported responses may occasionally be incomplete, inaccurate, or inappropriate for a particular context. Pengi should be used as a learning support tool and not as the sole basis for academic, legal, medical, or safety-critical decisions.

When Pengi is used through a school, district, teacher, tutor, or other educational provider, Pengi may process student-related information on that institution's behalf. In those cases, additional agreements, school contracts, or school-directed privacy terms may also apply.

We handle student and education-related information in accordance with our Privacy Policy and applicable law, including where relevant FERPA, COPPA, SOPPA, and similar student privacy requirements.

Some Pengi features may be free, while others may require payment, a subscription, or a school license. If you purchase a paid offering, you agree to provide valid payment information and to pay all applicable charges, taxes, and fees.

Unless otherwise stated at the time of purchase, subscriptions may renew automatically until cancelled. You are responsible for reviewing pricing, renewal terms, and cancellation policies before purchase.

You agree not to use Pengi to:

• violate any law, regulation, school policy, or another person's rights;
• access, scrape, copy, or extract data from Pengi in unauthorized ways;
• upload, submit, or transmit harmful code, spam, or abusive content;
• misrepresent your identity or your affiliation with a school or organization;
• interfere with the security, stability, or performance of the service;
• use Pengi to develop, benchmark, or train competing products without our written permission.

Pengi and its related software, interfaces, designs, text, graphics, learning flows, compilations, and service content are owned by Pengi or its licensors and are protected by intellectual property laws.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to use Pengi for your personal, educational, or authorized internal school use. You may not copy, distribute, modify, reverse engineer, or create derivative works from Pengi except as allowed by law or with our written permission.

If you submit prompts, files, messages, assignments, feedback, suggestions, or other materials through Pengi, you retain any rights you already have in that content. You grant Pengi a limited license to host, store, process, reproduce, and display that content as necessary to operate, secure, improve, and support the service.

If you provide feedback or suggestions, you agree that we may use them without restriction or obligation to compensate you.

Pengi may integrate with or link to third-party services, websites, content providers, school systems, browser platforms, payment processors, or AI providers. We do not control third-party services and are not responsible for their content, availability, or policies.

Pengi is provided on an "as is" and "as available" basis to the fullest extent permitted by law. We do not guarantee that the service will always be uninterrupted, error-free, secure, or perfectly accurate.

To the fullest extent permitted by law, Pengi disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

To the fullest extent permitted by law, Pengi and its affiliates, officers, employees, contractors, licensors, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, goodwill, data, or business opportunities arising out of or related to your use of Pengi.

To the fullest extent permitted by law, Pengi's total liability for claims arising out of or relating to the service will not exceed the greater of (a) the amount you paid to Pengi for the relevant service in the twelve months before the event giving rise to the claim, or (b) one hundred U.S. dollars (US $100).

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Pengi and its affiliates, officers, employees, contractors, licensors, and service providers from and against claims, liabilities, damages, judgments, losses, costs, and expenses arising out of or related to your misuse of the service, your violation of these Terms, or your violation of any law or another person's rights.

You may stop using Pengi at any time. We may suspend or terminate your access if we reasonably believe you have violated these Terms, created risk for users or the service, failed to pay applicable fees, or if we discontinue all or part of the service.

Sections that by their nature should survive termination will survive, including provisions relating to intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, and governing law.

Except to the extent otherwise required by applicable law, these Terms are governed by the laws of the State of California, without regard to conflict of law principles.

If you have a dispute with Pengi, we encourage you to contact us first so we can try to resolve it informally. Before filing a formal claim, you agree to provide notice of the dispute and a brief period for good-faith resolution, unless applicable law does not allow such a requirement.

To the extent permitted by law, disputes that cannot be resolved informally may be resolved through binding arbitration on an individual basis rather than in court, except for claims that may be brought in small claims court or claims seeking injunctive relief related to intellectual property or unauthorized access.

You and Pengi waive any right to participate in a class action, class arbitration, or representative action to the extent permitted by law.

We may update these Terms from time to time. If we make material changes, we will update the effective date at the top of this page and may provide additional notice where appropriate. Your continued use of Pengi after updated Terms become effective means you accept the revised Terms.

If you have questions about these Terms of Use, please contact Pengi through the support or contact methods available at https://pengi.ai.