Terms of Service
Please read these terms carefully before using the Pebcrow platform. By accessing or using our Services, you agree to be bound by these terms.
Effective Date: May 14, 2026
1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Pebcrow, Inc. ("Pebcrow," "Company," "we," "us," or "our"). By accessing, browsing, or using the Pebcrow platform, website, API, Pebcrow Think, Pebcrow Play, any AI-generated content or games produced through the platform, or any related services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms, our Usage Policy, and our Privacy Policy, all of which are incorporated herein by reference.
If you do not agree to these Terms, you must immediately cease all use of the Services. Your continued use of the Services after any modifications to these Terms constitutes acceptance of those modifications.
THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. BY AGREEING TO THESE TERMS, YOU AGREE TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS.
2. Eligibility and Age Restriction
ADULTS ONLY (18+)
The Services are intended exclusively for adults aged eighteen (18) years or older. By creating an account, providing a payment method, or otherwise using the Services, you represent and warrant that you are at least 18 years of age, are legally capable of forming a binding contract, and are not barred from using the Services under the laws of the United States or your jurisdiction of residence.
- •Payment method as age verification: Subscribers provide a valid payment method (such as a credit card) at checkout. Pebcrow reasonably relies on the issuing institution's verification that the cardholder is an adult. Submission of a payment method is your affirmative representation that you are an adult and that the payment method is yours to use.
- •Responsibility for minors: If you are a subscriber, you are solely responsible for ensuring that no minor uses your account, payment method, or any content (including AI-generated games) accessed through your account. You agree to indemnify Pebcrow against any claim arising from a minor's access to or exposure to content through your account.
- •No marketing to children: Pebcrow does not knowingly market the Services to, or accept registrations from, anyone under the age of 18. If we learn that an account belongs to someone under 18, we will terminate that account and delete associated data. To report suspected underage use, contact abuse@pebcrow.com.
- •Mature content acknowledgement: You acknowledge that the Services may produce, display, or facilitate access to content that is mature, provocative, controversial, sexually suggestive, violent, or otherwise unsuitable for minors. You voluntarily and knowingly accept exposure to such content as a condition of use.
3. Nature of the Platform and Content Warning
IMPORTANT CONTENT NOTICE
Pebcrow operates two interrelated product surfaces: Pebcrow Think, an AI-mediated discussion forum for adults, and Pebcrow Play, an AI game generation and play environment. Both surfaces rely on artificial intelligence to create, transform, and moderate content. AI-generated material is unpredictable by nature and may include themes, language, or imagery that you, or someone in your household, find offensive, disturbing, factually wrong, biased, or objectionable.
You expressly acknowledge and agree that:
- •AI is imperfect. Content on the platform is generated, processed, and moderated by artificial intelligence models. AI-generated and AI-processed content may contain errors, inaccuracies, biases, hallucinations (fabricated information presented as fact), or material you find offensive. Pebcrow does not guarantee the accuracy, completeness, truthfulness, age-appropriateness, or suitability of any content for any particular purpose. You must not rely on any platform content as factual, accurate, or authoritative.
- •Best-effort moderation, not a guarantee.Pebcrow employs automated scrubbing and moderation systems intended to reduce the likelihood of illegal, pornographic, or unsafe output. These systems are not perfect, and Pebcrow makes no guarantee that any individual output will be free of offensive or objectionable content. You assume the risk of encountering such content.
- •Voluntary risk assumption. You voluntarily and knowingly assume all risk associated with viewing, reading, playing, or engaging with content on the platform. Pebcrow shall not be liable for any emotional distress, offense, psychological harm, embarrassment, or any other damages arising from your exposure to content on the platform.
- •No professional advice. The Services are not, and are not intended to substitute for, professional medical, mental health, legal, financial, or other licensed professional advice. Do not use the platform as a substitute for professional care or counsel.
- •Views are not Pebcrow's. The views, opinions, and content expressed on the platform — whether by users or AI systems — do not represent the views, opinions, or endorsements of Pebcrow, Inc., its officers, directors, employees, or affiliates.
- •Content may be transformed. Content may be modified, transformed, summarized, scrubbed, or otherwise processed by AI systems at any time without notice. The final published or displayed form of any content may differ substantially from what was originally submitted or generated.
- •Don't submit sensitive information. Do not enter passwords, financial account numbers, government identifiers, medical information, or other sensitive personal data into prompts or content fields. You are responsible for what you submit and for the consequences of including sensitive information in your inputs.
4. User Content, License, and Ownership
PAYMENT IS FOR THE PRIVILEGE OF PARTICIPATING IN THE PLATFORM. PAYMENT DOES NOT CONFER OWNERSHIP OR ANY PROPERTY RIGHT OVER ENTRIES, GENERATED OUTPUTS, GAMES, OR ANY PLATFORM CONTENT.
"User Content" means any text, prompts, entries, ideas, suggestions, comments, votes, files, images, or other material you submit, upload, or otherwise provide to the Services. "User Content" does not include Generated Content, which is addressed separately in Section 5. By submitting User Content, you acknowledge and agree to the following:
- •You retain ownership of what you wrote. As between you and Pebcrow, you retain whatever ownership and intellectual property rights you have in the original expressive material you yourself authored and submitted (for example, the text of an entry or the text of a prompt). Retaining ownership of the words you wrote does not entitle you to platform hosting, continued access, restoration after deletion, return of copies, or any other service obligation from Pebcrow — those are governed by the rest of these Terms and may end at any time.
- •Broad license to Pebcrow. You grant Pebcrow and its successors a perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to host, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, process through AI systems, use for service improvement and abuse prevention, and otherwise exploit your User Content in any form, media, or technology now known or hereafter developed, for any purpose related to operating, improving, promoting, or defending the Services. This license survives termination of these Terms and survives any deletion of your account or the User Content.
- •Waiver of moral rights. To the extent permitted by applicable law, you waive any moral rights, rights of attribution, and rights of integrity you may have in the User Content with respect to Pebcrow's exercise of the license above.
- •Representations. You represent and warrant that you have all rights necessary to grant this license, that the User Content does not infringe any third party's rights (including copyright, trademark, privacy, or publicity rights), and that the User Content complies with these Terms and the Usage Policy.
- •Content modification. Pebcrow may edit, modify, reformat, summarize, combine with other content, process through AI systems, or otherwise alter any User Content at any time, without notice, and without any obligation to preserve the original form or meaning.
- •Content deletion. Pebcrow may delete, remove, suppress, or archive any User Content at any time, for any reason or no reason, without prior notice and without liability. Content is not guaranteed to persist and may be permanently deleted without warning or recourse.
- •No backup obligation. Pebcrow has no obligation to maintain, store, back up, or return any User Content. You are solely responsible for maintaining your own copies of any content you wish to preserve.
- •Model training. Pebcrow may use de-identified and aggregated User Content to evaluate, fine-tune, train, or improve models and systems used to operate the Services. Specific data-use practices, including any opt-out mechanisms, are described in our Privacy Policy.
5. Generated Content and Pebcrow Play
Pebcrow Play allows you to submit input prompts that cause the Services to generate games, game fixes, images, narratives, and other outputs ("Generated Content"). The economics, infrastructure, model providers, moderation systems, and ongoing operation of Pebcrow Play are provided by Pebcrow at significant cost.
Pebcrow owns all Generated Content. You receive a personal, revocable license to play it on the platform.
This is the core deal: bring your ideas, we provide the engine, the outputs belong to us.
- •Ownership of outputs. All Generated Content, including without limitation generated games, game logic, game art, game text, generated images, generated music, and any derivative artifacts produced by the Services in response to your prompts or actions, is owned exclusively by Pebcrow, Inc. To the extent any rights in Generated Content would otherwise vest in you under law, you hereby irrevocably assign all such rights to Pebcrow.
- •Your input prompt. The text of the prompt you yourself wrote is User Content under Section 4. You retain whatever ownership rights you have in that text, and Pebcrow takes the broad license described in Section 4. This retention applies only to the prompt text itself — it does not extend to any Generated Content produced from the prompt, and it does not obligate Pebcrow to host, preserve, restore, or provide continued access to the prompt. Pebcrow may delete the prompt at any time without notice and without recourse to you.
- •Limited license to play. Subject to your compliance with these Terms, Pebcrow grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and play your Generated Content on the Pebcrow platform during the period your account is in good standing. This license terminates automatically when your access to the Services ends, when Pebcrow removes the Generated Content, or when Pebcrow otherwise revokes it.
- •Output non-exclusivity. Generated Content is not exclusive to you. Because outputs are produced by AI systems acting on prompts, other users submitting similar prompts may receive outputs that are similar, substantially similar, or in some cases identical to yours. Pebcrow makes no commitment of uniqueness, originality, exclusivity, or non-overlap of any Generated Content.
- •No redistribution, no rehosting, no commercial use.You shall not copy, download (except as necessary for normal play on the platform), distribute, rehost, mirror, publicly display, publicly perform, sell, license, sublicense, monetize, screen-record for redistribution, scrape, mine, or reverse-engineer any Generated Content. You shall not embed Generated Content in any product or service outside the Pebcrow platform. You shall not use Generated Content as training data for any model or system not operated by Pebcrow.
- •Removal without recourse. Pebcrow may modify, restrict, take down, delete, or permanently destroy any Generated Content at any time, for any reason or no reason, with or without notice, and without any liability to you. Reasons may include, but are not limited to, content Pebcrow deems inappropriate, unsafe, illegal, off-brand, infringing, or simply no longer desirable to host. You waive any and all claims, of any kind, arising from removal or loss of Generated Content.
- •No appeal of moderation. Decisions to remove or restrict Generated Content are made at Pebcrow's sole discretion and are final. Pebcrow has no obligation to explain, justify, or appeal such decisions.
- •You chose the prompt. Generated Content is produced in response to inputs that you supply. You are responsible for the prompts you submit, for the foreseeable range of outputs they may produce, and for ensuring your prompts and the resulting Generated Content do not violate these Terms, the Usage Policy, or applicable law. Pebcrow makes no warranty that any Generated Content will be safe, appropriate, lawful, inoffensive, age-appropriate, or fit for any particular purpose.
- •Credits and entitlements. Play credits, subscriber priority credits, and similar entitlements are licenses to request a capped amount of generation. They are not property, are not redeemable for cash, do not earn interest, do not roll over except as expressly stated, expire as stated in the entitlement, and may be modified, reduced, or revoked by Pebcrow at any time. Unused credits have no monetary value.
6. Subscriptions, Auto-Renewal, and Payments
Pebcrow offers free and paid subscription tiers. By subscribing to a paid plan, you expressly authorize the terms below.
Auto-Renewal Disclosure
Paid subscriptions are billed on a recurring basis at the interval shown at checkout (for example, monthly). Unless you cancel before the end of the current billing period, your subscription will automatically renew and your payment method will be charged at the then-current price. You may cancel at any time, with cancellation taking effect at the end of the current billing period. Cancellation instructions are below.
- •Payment for participation. Subscription fees are payment for the privilege of participating in the platform at an enhanced level. Subscriptions do not confer ownership over entries, Generated Content, games, or any other platform asset. Subscriptions do not guarantee any specific level of service, uptime, features, or access.
- •Billing and authorization. You authorize Pebcrow and its third-party payment processor (currently Stripe) to charge your payment method for all applicable fees, including recurring subscription fees and applicable taxes. You are responsible for maintaining current and valid payment information.
- •Easy cancellation. You may cancel your subscription at any time, online, in a manner at least as easy as the sign-up process and without speaking to a representative. Cancellation is available through your account's subscription management interface (which uses the Stripe Customer Portal) or by emailing support@pebcrow.com. Cancellation takes effect at the end of the then-current billing period. You will retain access to paid features through the end of that period. This commitment is made in compliance with California's Automatic Renewal Law and similar consumer-protection statutes.
- •No refunds, except where required by law.Except where prohibited by applicable law, all subscription payments are final and non-refundable. Pebcrow does not provide refunds, credits, or prorated amounts for service downtime, content deletion, account termination for policy violations, dissatisfaction with the service, unused credits, or changes to platform features or pricing. Where applicable law grants you a non-waivable right to a refund, Pebcrow will honor that right to the extent legally required.
- •Price changes. Pebcrow may change subscription pricing at any time. Material price increases applicable to your active subscription will be communicated in advance by email or in-product notice. Price changes take effect at the beginning of your next billing cycle following notice. Continued use after the effective date constitutes acceptance.
- •Termination for abuse. If your account is terminated for violation of these Terms or our Usage Policy, you forfeit all remaining subscription time and unused entitlements, and no refund will be issued.
- •Failed payments. If a payment fails, Pebcrow may suspend or downgrade your account, retry the charge, and reinstate access once payment is received. You remain responsible for amounts billed.
- •Taxes. Subscription prices shown at checkout are exclusive of applicable taxes (including, where applicable, sales tax, VAT, GST, and similar transaction taxes), which will be added to your charge and collected by our payment processor on our behalf. You are responsible for all taxes imposed on the transaction other than taxes based on Pebcrow's net income.
- •EU/UK consumers — right of withdrawal and waiver. If you are an EU or UK consumer, you generally have a 14-day right of withdrawal from a digital-services purchase under the EU Consumer Rights Directive and the UK Consumer Contracts Regulations. By starting to use the Services (including by submitting any prompt or accessing any subscriber feature) before the end of the 14-day period, you expressly request immediate performance and acknowledge that you will lose your right of withdrawal once performance has begun. To exercise the right of withdrawal before performance begins, email support@pebcrow.com within 14 days of subscribing with a clear statement that you wish to withdraw.
- •Communications consent. By creating an account, you consent to receive transactional and account-related communications from Pebcrow (such as security alerts, billing notices, moderation actions, and Terms updates) at the email address associated with your account. These communications are necessary for the Services and cannot be opted out of while your account is active. You may separately opt out of non-transactional marketing communications at any time using the unsubscribe link in those messages or via your account preferences.
7. Service Availability and API Usage
No Guarantee of Availability
The Services are provided on an "as available" basis. Pebcrow does not guarantee that the Services will be available at any particular time or that access will be uninterrupted, timely, secure, or error-free. The Services may be suspended, restricted, or terminated at any time, without prior notice, for maintenance, updates, security concerns, or any other reason at Pebcrow's sole discretion.
No Service Level Agreement
Unless expressly agreed to in a separate written agreement, Pebcrow provides no service level agreement (SLA), uptime guarantee, or performance commitment. You acknowledge that the Services may experience downtime, degraded performance, data loss, or complete unavailability without notice or compensation.
API Usage
Access to the Pebcrow API is subject to reasonable use limitations:
- •A subscription does not entitle you to unlimited or abusive API usage. API access is subject to rate limits, quotas, and fair use policies as determined by Pebcrow.
- •You shall not use automated systems, bots, scripts, scrapers, or other mechanical or programmatic means to access the Services in a manner that exceeds reasonable use or places an undue burden on the platform's infrastructure.
- •Pebcrow reserves the right to throttle, restrict, suspend, or terminate API access at any time, without notice, for any usage that Pebcrow determines, in its sole discretion, to be abusive, excessive, or detrimental to the platform.
- •API rate limits and usage quotas may change at any time without notice. It is your responsibility to implement appropriate error handling and back-off mechanisms.
8. Third-Party Services and AI Providers
The Services use third-party providers, including AI model vendors, cloud infrastructure, payment processors (Stripe), authentication providers (Google), and content delivery networks. By using the Services, you acknowledge that:
- •AI outputs are generated, in whole or in part, by third-party AI models. Pebcrow does not control the underlying model behavior and disclaims all warranties regarding third-party model outputs.
- •Your interactions with the Services may be transmitted to third-party providers for processing. Provider-side data practices are governed by their own terms and policies.
- •Pebcrow is not responsible for the acts, omissions, downtime, data breaches, or policy changes of third-party providers, and is not liable for any damages arising from third-party providers' performance.
- •Links from the Services to external websites are provided for convenience. Pebcrow does not endorse and is not responsible for any external website or its content.
9. Account Termination and Suspension
Pebcrow reserves the right to suspend, restrict, or permanently terminate your account and access to the Services at any time, for any reason or no reason, with or without notice, and without liability to you. Grounds for termination include, but are not limited to:
- •Violation of these Terms, the Usage Policy, or any other Pebcrow policy
- •Abusive, harassing, or threatening behavior toward other users or Pebcrow personnel
- •Excessive or abusive API or generation usage
- •Attempting to exploit, manipulate, or circumvent platform systems, moderation, or policies
- •Fraudulent activity, payment chargebacks without basis, or misrepresentation of identity or age
- •Any conduct that Pebcrow determines, in its sole discretion, to be harmful to the platform or its community
Upon termination, all rights granted to you under these Terms immediately cease. You will lose access to your account, entries, Generated Content, and any associated data. Pebcrow is under no obligation to provide notice, warning, or an opportunity to cure before termination. Except where required by applicable law, no refunds will be issued for terminated accounts.
10. Copyright and DMCA Notices
Pebcrow respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. §512. If you believe content on the Services infringes a copyright you own or control, send a written notice to our designated DMCA agent containing the information required by 17 U.S.C. §512(c)(3):
- A physical or electronic signature of the copyright owner or authorized agent;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the allegedly infringing material and information sufficient to locate it on the Services;
- Your contact information (name, address, telephone, email);
- A statement of good-faith belief that the use is not authorized by the owner, agent, or the law; and
- A statement, under penalty of perjury, that the information is accurate and that you are authorized to act on behalf of the owner.
Designated DMCA Agent
Designated Agent: Kevin Doyle
Email: kevin.doyle@pebcrow.com
Mail: Pebcrow, Inc., Attn: Kevin Doyle (DMCA Agent), 3107 Robinwood Ct., High Point, NC 27265, USA
Pebcrow will respond to properly submitted notices in accordance with the DMCA, which may include removing or disabling access to the material. Repeat infringers will have their accounts terminated. If you believe content you submitted was wrongly removed, you may submit a counter-notice meeting the requirements of 17 U.S.C. §512(g). Knowingly submitting a false notice or counter-notice subjects you to liability for damages under 17 U.S.C. §512(f).
11. Disclaimers and Warranty Exclusions
THE SERVICES, INCLUDING ALL USER CONTENT AND GENERATED CONTENT, ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, PEBCROW DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AGE-APPROPRIATENESS, AND QUIET ENJOYMENT.
PEBCROW DOES NOT WARRANT THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE, RELIABLE, SAFE, INOFFENSIVE, OR AGE-APPROPRIATE; (D) ANY CONTENT, INCLUDING AI-GENERATED OR AI-PROCESSED CONTENT, WILL BE ACCURATE, TRUTHFUL, COMPLETE, OR FREE FROM HALLUCINATIONS, FABRICATIONS, OFFENSIVE MATERIAL, OR ERRORS; OR (E) ANY ENTRIES, GENERATED CONTENT, OR OTHER USER CONTENT WILL BE PRESERVED, MAINTAINED, OR AVAILABLE AT ANY TIME. AI MODELS USED BY THE PLATFORM ARE KNOWN TO PRODUCE HALLUCINATIONS AND UNPREDICTABLE OUTPUTS. YOU ACKNOWLEDGE THIS INHERENT LIMITATION AND AGREE NOT TO RELY ON PLATFORM CONTENT WITHOUT INDEPENDENT VERIFICATION.
YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. PEBCROW SHALL NOT BE LIABLE FOR ANY CONTENT YOU MAY FIND OFFENSIVE, INDECENT, OBJECTIONABLE, DISTURBING, OR OTHERWISE HARMFUL. YOU WAIVE ANY RIGHT TO CLAIM THAT CONTENT ON THE PLATFORM CAUSED YOU HARM, DISTRESS, OR INJURY OF ANY KIND, EXCEPT TO THE EXTENT SUCH WAIVER IS PROHIBITED BY APPLICABLE LAW.
Some jurisdictions do not allow the exclusion of certain warranties. To the extent any such exclusion is held unenforceable in your jurisdiction, Pebcrow's warranties in such jurisdiction are limited to the minimum scope and duration required by applicable law.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PEBCROW, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OF OR INABILITY TO USE THE SERVICES; (B) ANY CONTENT OBTAINED FROM THE SERVICES, INCLUDING GENERATED CONTENT; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) DELETION, CORRUPTION, OR FAILURE TO STORE ANY CONTENT OR GENERATED CONTENT; (E) ANY OFFENSIVE, DEFAMATORY, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR USER; OR (F) ANY OTHER MATTER RELATING TO THE SERVICES.
IN NO EVENT SHALL PEBCROW'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO PEBCROW IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).
THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PEBCROW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow certain limitations of liability. To the extent any such limitation is held unenforceable in your jurisdiction, Pebcrow's liability in such jurisdiction is limited to the minimum extent permitted by applicable law.
13. Indemnification
You agree to indemnify, defend, and hold harmless Pebcrow, Inc., its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your User Content; (c) prompts or actions you submit that result in Generated Content; (d) your violation of these Terms or the Usage Policy; (e) your violation of any applicable law or regulation; (f) your violation of any third party's rights, including intellectual property, privacy, or publicity rights; or (g) a minor's access to or exposure to the Services or content through your account or payment method.
14. Dispute Resolution and Governing Law
Section 230 Acknowledgement
Pebcrow is an interactive computer service provider under 47 U.S.C. §230. Pebcrow is not the publisher or speaker of information provided by users and is not liable for User Content under §230. This acknowledgement does not waive any other defense Pebcrow may have under law.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, United States of America, without regard to its conflict of law provisions.
Informal Resolution
Before initiating arbitration, you agree to first contact legal@pebcrow.com with a written description of the dispute and proposed resolution. The parties will attempt in good faith to resolve the dispute informally for thirty (30) days before either may commence arbitration.
Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall be conducted by a single arbitrator in Guilford County, North Carolina, or remotely as permitted by the AAA Rules. Judgment on the award may be entered in any court of competent jurisdiction.
Class Action Waiver
YOU AND PEBCROW AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. UNLESS BOTH YOU AND PEBCROW AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Right to Opt Out of Arbitration
You may opt out of the arbitration and class-action-waiver provisions by sending a written opt-out notice to legal@pebcrow.com within thirty (30) days of first accepting these Terms. The notice must include your name, the email associated with your account, and a clear statement that you opt out of arbitration. Opting out does not affect any other provision of these Terms.
Statute of Limitations
Except where prohibited by applicable law, you agree that any claim or cause of action arising out of or related to the Services or these Terms must be filed within one (1) year after the claim arose, or the claim shall be permanently barred.
15. Modifications to Terms and Services
Pebcrow reserves the right to modify these Terms at any time. Material changes will be communicated by updating the Effective Date and, where appropriate, by in-product notice or email. It is your responsibility to review these Terms periodically. Your continued use of the Services after any changes constitutes acceptance of the revised Terms.
Pebcrow further reserves the right to modify, suspend, or discontinue any aspect of the Services at any time, including the availability of any feature, database, model, Generated Content, or content, without prior notice or liability.
16. Service Availability, Export Controls, and Sanctions
Service availability. The Services are offered from the United States and are intended for users in the United States. The Services are not directed at, marketed to, or offered to residents of the European Economic Area, the United Kingdom, or Switzerland, and Pebcrow may technically restrict access from those territories. By creating an account, you represent that you are not a resident of those territories. Pebcrow makes no representation that the Services are appropriate or available for use in any particular jurisdiction. Where you access the Services from a jurisdiction in which they are not offered, you do so on your own initiative and at your own risk, and you are responsible for compliance with local law.
Export controls and sanctions. You represent and warrant that you are not located in, and are not a national or resident of, any country subject to a U.S. Government embargo or designated as a "terrorist-supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. You agree to comply with all applicable U.S. and foreign export control laws and regulations in connection with your use of the Services.
17. Beta Features, Feedback, and Brand
Beta and experimental features. Pebcrow may from time to time make features available that are identified as "beta," "preview," "experimental," "alpha," or similar ("Beta Features"). Beta Features are provided strictly "as is" with no warranty of any kind, may change or be removed at any time without notice, may produce unexpected behavior, and may not preserve data created through them. Disclaimers and limitations of liability in these Terms apply with full force to Beta Features and any output generated through them.
Feedback. If you send Pebcrow any suggestions, ideas, feature requests, comments, bug reports, or other feedback about the Services ("Feedback"), you grant Pebcrow a perpetual, irrevocable, worldwide, royalty-free, sublicensable, transferable license to use, modify, and exploit the Feedback for any purpose, without obligation to credit or compensate you. You waive any claim that any feature, product, or service Pebcrow later builds was derived from your Feedback.
Brand and trademarks. "Pebcrow," "Pebcrow Think," "Pebcrow Play," and the Pebcrow logos and visual style are trademarks of Pebcrow, Inc. You may not use Pebcrow trademarks, logos, or visual style except in accurate, descriptive references to the Services (for example, "I made this on Pebcrow Play"), and you may not use them in a way that suggests endorsement, affiliation, or sponsorship by Pebcrow without our prior written consent. You may not impersonate Pebcrow, Pebcrow staff, or Pebcrow-operated accounts; create products or services whose name, branding, or appearance is likely to be confused with Pebcrow's; or register domain names, social media handles, or app names that incorporate Pebcrow's trademarks without authorization.
API keys and credentials. You are solely responsible for keeping API keys, access tokens, and account credentials confidential and for all activity conducted using them, whether or not you authorized that activity. Promptly notify abuse@pebcrow.com if you suspect a key or account has been compromised.
18. General Provisions
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 so that these Terms shall otherwise remain in full force and effect.
Entire Agreement: These Terms, together with the Usage Policy and Privacy Policy, constitute the entire agreement between you and Pebcrow regarding the Services and supersede all prior agreements, understandings, and communications.
No Waiver: Pebcrow's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Assignment: You may not assign or transfer these Terms without Pebcrow's prior written consent. Pebcrow may assign these Terms without restriction.
Survival: Sections covering ownership, licenses granted, Generated Content, disclaimers, limitation of liability, indemnification, dispute resolution, and any other provision that by its nature should survive, will survive termination of these Terms.
Force Majeure: Pebcrow shall not be liable for any failure or delay in performing its obligations due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authority, fire, floods, epidemics, strikes, cyberattacks, or failures of third-party service providers or infrastructure.
Notices: Notices to Pebcrow must be sent to legal@pebcrow.com. Notices to you may be delivered by email to the address associated with your account or by in-product notice.
Questions About These Terms?
If you have questions about these Terms of Service, please contact us at legal@pebcrow.com.
Pebcrow, Inc.