Terms and Conditions

Agreement to Terms

Welcome to Pentoggle! These Terms and Conditions ("Terms", "Terms and Conditions", "Agreement") constitute a legally binding agreement between you ("User", "you", "your") and CYBERSKETCH LABS PRIVATE LIMITED, operating as Pentoggle ("Company", "we", "us", "our") concerning your access to and use of the pentoggle.com website and our AI-powered website generation services (collectively, the "Service" or "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you do not have permission to access the Service.

Acceptance of Terms

By creating an account, accessing our website, or using any of our Services, you acknowledge that:

1. You have read, understood, and agree to be bound by these Terms
2. You have read and agree to our Privacy Policy
3. You are at least 18 years old or have parental/guardian consent
4. You have the legal capacity to enter into this Agreement
5. You will comply with all applicable laws and regulations

If you are using the Service on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.

Description of Service

What Pentoggle Provides

Pentoggle is an AI-powered platform that enables users to:

• Generate complete websites and web applications using natural language prompts
• Host generated websites on our infrastructure
• Edit and refine websites through conversational interactions
• Publish websites with unique URLs
• Upload and integrate custom content (images, documents, files)
• Access generated code and export projects
• Connect custom domains (when feature is available)

Service Availability

• The Service is provided on an "as available" basis
• We strive for high uptime but do not guarantee uninterrupted service
• Scheduled maintenance will be announced in advance when possible
• We reserve the right to modify, suspend, or discontinue any part of the Service at any time

User Accounts

Account Creation

To use certain features of our Service, you must create an account by providing:

• Valid email address
• Secure password
• Name and basic information
• Phone number (optional but recommended)

You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account

Account Responsibilities

You are solely responsible for:

• All content created, generated, or uploaded using your account
• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Compliance with these Terms and applicable laws

Account Termination

We reserve the right to suspend or terminate your account if:

• You violate these Terms or our policies
• You provide false or misleading information
• Your account is used for illegal or harmful activities
• You engage in abuse, harassment, or harmful behavior
• Payment obligations are not met (when payment features are enabled)
• We detect fraudulent or suspicious activity

You may terminate your account at any time by:

• Contacting us at info@pentoggle.com
• Using the account deletion feature in your dashboard (when available)

Upon termination:

• Your access to the Service will cease immediately
• Your generated websites may be deleted after 30 days
• You may export your data before termination
• Some data may be retained as required by law or for legitimate business purposes

Acceptable Use Policy

Permitted Use

You may use our Service to:

• Create legitimate websites for personal or business purposes
• Generate web applications for lawful activities
• Test and prototype ideas
• Learn and experiment with web development
• Build portfolios, landing pages, and business sites

Prohibited Use

You may NOT use our Service to:

Illegal Activities:

• Violate any local, state, national, or international law
• Infringe on intellectual property rights
• Distribute malware, viruses, or harmful code
• Engage in fraudulent or deceptive practices
• Facilitate illegal transactions or activities

Harmful Content:

• Create websites promoting violence, terrorism, or harm
• Distribute hate speech, harassment, or discriminatory content
• Share child sexual abuse material or content exploiting minors
• Promote self-harm, suicide, or eating disorders
• Distribute explicit sexual content without proper age verification

Abuse and Exploitation:

• Phishing, scamming, or social engineering
• Spam or unsolicited commercial communications
• Impersonation of individuals or organizations
• Collection of personal data without consent
• Creation of fake news or misinformation websites

Technical Abuse:

• Attempt to hack, compromise, or reverse-engineer our Service
• Bypass security measures or access restrictions
• Overload or disrupt our servers or infrastructure
• Use automated tools to scrape or extract data
• Interfere with other users' access to the Service

Prohibited Business Types:

• Adult content or pornography
• Gambling (without proper licensing)
• Illegal drugs or controlled substances
• Weapons or explosives
• Counterfeit goods
• Services that violate payment processor policies

Enforcement

If we determine that you have violated this Acceptable Use Policy:

• We may remove or disable the offending content immediately
• Your account may be suspended or terminated
• We may report violations to law enforcement
• You may be liable for damages and legal consequences
• You will not be entitled to any refunds

Intellectual Property Rights

Pentoggle's Intellectual Property

The Service and its original content, features, and functionality are owned by Pentoggle and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

This includes:

• Our AI models and algorithms
• Website design and user interface
• Pentoggle branding, logos, and trademarks
• Source code and software
• Documentation and tutorials

You may not:

• Copy, modify, or distribute our proprietary technology
• Reverse-engineer our AI models or algorithms
• Use our branding without written permission
• Create derivative works based on our Service
• Remove or alter any copyright or proprietary notices

User-Generated Content

Ownership of Your Content:

You retain all ownership rights to:

• Text prompts and instructions you provide
• Custom content you upload (images, text, files)
• Original creative elements in your generated websites

License You Grant to Us:

By using our Service, you grant Pentoggle a worldwide, non-exclusive, royalty-free license to:

• Host and display your generated websites
• Process your prompts to generate content
• Store and backup your data
• Use anonymized data to improve our AI models
• Display your websites publicly if you choose to publish them

This license ends when you delete your content or close your account, except for:

• Cached or backup copies (deleted within 90 days)
• Content you made publicly available
• Anonymized data used for service improvement

AI-Generated Content

Who Owns Generated Websites:

Content generated by our AI based on your prompts:

• You own the rights to use, modify, and publish the generated content
• You are responsible for ensuring generated content doesn't infringe third-party rights
• Pentoggle retains rights to the underlying AI technology and models
• Similar outputs may be generated for other users with similar prompts

Your Responsibilities:

You must:

• Review generated content before publishing
• Ensure compliance with copyright and trademark laws
• Obtain necessary licenses for any third-party content
• Not claim copyright over generic or commonly-generated elements

Limitations:

• Generated content may not be entirely unique
• Similar websites may be generated for different users
• You cannot claim exclusive rights to common design patterns
• AI-generated code is provided under standard open-source licenses where applicable

Third-Party Content

Our Service may contain links to or integrate with third-party services:

• We do not own or control third-party content
• Third-party content is subject to their own terms and licenses
• We are not responsible for third-party content or services
• You must comply with third-party terms when using their content

Payment Terms

Payment terms:

Pricing and Billing

• Pricing will be clearly displayed on our website
• Subscriptions may be offered on monthly or annual basis
• Prices are subject to change with 30 days' notice
• All prices are in Indian Rupees (INR) unless otherwise stated
• Applicable taxes will be added to your bill

Payment Processing

• Payments are processed through secure third-party payment gateways
• We do not store your complete credit card information
• All payment data is encrypted and PCI-DSS compliant
• You authorize us to charge your payment method for all fees

Billing Cycle

• Subscription fees are billed in advance
• Billing occurs on the same day each month/year
• Failed payments may result in service suspension
• You are responsible for ensuring valid payment methods

Auto-Renewal

• Subscriptions automatically renew unless cancelled
• You will be notified before each renewal
• You can cancel auto-renewal in your account settings
• Cancellation takes effect at the end of the current billing period

Refund and Cancellation Policy

Cancellation Rights

You may cancel your subscription at any time:

• Cancellation takes effect at the end of the current billing period
• You retain access to paid features until the period ends
• No partial refunds for unused time in the billing period
• Exported data and projects remain yours

Refund Eligibility

Refunds may be provided in the following circumstances:

Service Issues:

• If the Service is unavailable for extended periods
• If we fail to deliver promised features
• If charged incorrectly due to billing errors

No Refunds For:

• Change of mind after the refund period
• Failure to use the Service
• Violation of Terms resulting in termination
• Third-party charges or fees

Refund Process

To request a refund:

1. Contact us at info@pentoggle.com
2. Provide your account details and reason
3. We will review within 5 business days
4. Approved refunds processed within 7-10 business days
5. Refunds issued to original payment method

Data Usage and Privacy

How We Use Your Data

We collect and use data as described in our Privacy Policy:

• To provide and improve our Services
• To generate and host your websites
• To communicate with you about the Service
• To analyze usage and enhance our AI models
• To comply with legal obligations

Your Data Rights

You have the right to:

• Access your personal data
• Correct inaccurate information
• Request deletion of your data
• Export your data in portable format
• Opt out of marketing communications

Refer to our Privacy Policy for complete details.

Data Security

We implement industry-standard security measures:

• Encryption of data in transit and at rest
• Regular security audits and updates
• Access controls and authentication
• Monitoring for suspicious activity

However, no system is 100% secure. You are responsible for your account security, and we are not liable for unauthorized access due to your negligence.

Disclaimers and Limitations of Liability

Service Provided "As Is"

AI-Generated Content Disclaimer

Limitation of Liability

To the maximum extent permitted by law, Pentoggle shall not be liable for:

Indirect Damages:

• Lost profits or revenue
• Loss of data or business opportunities
• Business interruption
• Reputational harm
• Consequential or incidental damages

Direct Damages:

Our total liability is limited to the amount you paid us in the 12 months preceding the claim, or ₹10,000, whichever is less.

Exceptions:

These limitations do not apply to:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Violations we commit intentionally or with gross negligence
• Liability that cannot be excluded by law

Indemnification

You agree to indemnify, defend, and hold harmless Pentoggle, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Content you create, upload, or generate
• Your breach of any laws or regulations
• Claims that your content infringes on intellectual property

We reserve the right to assume exclusive defense of any matter subject to indemnification, at your expense.

Third-Party Services and Links

External Links

Our Service may contain links to third-party websites or services:

• We do not endorse or control third-party content
• Third-party sites have their own terms and privacy policies
• We are not responsible for third-party practices
• Access is at your own risk

Integrations

We may integrate with third-party services such as payment processors, cloud hosting providers, analytics services, and communication platforms. Your use of integrated services is subject to their terms.

Modifications to Terms

Right to Modify

We reserve the right to modify these Terms at any time:

• Changes will be effective immediately upon posting
• Continued use constitutes acceptance of changes
• Material changes will be notified via email
• You should review Terms periodically

Notification of Changes

For significant changes, we will:

• Email registered users at least 30 days in advance
• Display a prominent notice on our website
• Update the "Last Updated" date at the top
• Provide a summary of key changes

If you do not agree to modified Terms, you must stop using the Service. Continued use indicates acceptance.

Termination

By You

You may terminate your account at any time by:

• Contacting us at info@pentoggle.com
• Using account deletion features in settings
• Ceasing to use the Service

By Us

We may terminate or suspend your access immediately if:

• You breach these Terms
• You engage in illegal or harmful activities
• Required by law or government order
• Your account poses a security risk
• For any reason with 30 days' notice

Effects of Termination

Upon termination:

• Your access to the Service ends immediately
• Generated websites may be deleted after 30 days
• You must export any data you wish to keep
• Outstanding fees remain due and payable
• Provisions that should survive termination continue to apply

Survival

These sections survive termination: Intellectual Property Rights, Indemnification, Limitation of Liability, and Governing Law and Dispute Resolution.

Governing Law and Dispute Resolution

Governing Law

These Terms are governed by the laws of India, without regard to conflict of law principles.

Jurisdiction

You agree that any legal action or proceeding shall be brought exclusively in the courts located in Bengaluru, India, and you consent to the personal jurisdiction of such courts.

Dispute Resolution Process

Step 1: Informal Resolution

• Contact us at info@pentoggle.com with details of the dispute
• We will attempt to resolve within 30 days
• Good faith negotiations before formal action

Step 2: Mediation (Optional)

• If informal resolution fails, we may suggest mediation
• Mediation costs shared equally
• Non-binding process

Step 3: Arbitration or Litigation

• Disputes may be resolved through binding arbitration
• Arbitration in accordance with Indian Arbitration and Conciliation Act
• Single arbitrator appointed by mutual agreement
• Location: Bengaluru, India
• Language: English

Class Action Waiver

You agree to resolve disputes individually and waive the right to participate in class actions, unless prohibited by law.

General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any other posted guidelines, constitute the entire agreement between you and Pentoggle.

Severability

If any provision of these Terms is found to be unenforceable, that provision will be modified to be enforceable, and remaining provisions remain in full effect.

No Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

Assignment

You may not assign or transfer these Terms without our written consent. We may assign our rights and obligations without restriction.

Force Majeure

We are not liable for failure to perform due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, government actions, pandemics, internet or telecommunications failures, and acts of third parties.

Independent Contractors

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.

Language

These Terms may be translated into other languages. In case of conflict, the English version prevails.

Contact Information

If you have questions about these Terms, please contact us:

Grievance Officer (India)

In accordance with the Information Technology Act, 2000 and rules made thereunder:

The Grievance Officer will respond to complaints within 30 days.

Acknowledgment

By using Pentoggle, you acknowledge that:

• You have read and understood these Terms
• You agree to be bound by these Terms
• You have reviewed our Privacy Policy
• You are authorized to enter into this Agreement
• You will comply with all applicable laws