Terms & Conditions

CannyPen Terms and Conditions

Last Updated: 1 December 2023

1. Acceptance of Terms

By accessing and using the CannyPen software, users agree to comply with these Terms and Conditions. If you do not agree with any part of these terms, please do not use our software.

2. User Responsibilities

Users are responsible for maintaining the confidentiality of their account information and are liable for all activities under their account. Users agree to use CannyPen responsibly and legally.

3. Intellectual Property Rights

All intellectual property rights in the software and its content belong to CannyPen or its licensors. Users retain ownership of the content they create using CannyPen, but grant CannyPen a license to use, reproduce, and modify this content as necessary for the software’s operation and promotion.

4. Usage Limitations

Users must not use CannyPen to create, share, or disseminate material that is:

Illegal: Anything that violates local, state, national, or international law.
Offensive: Content that is defamatory, discriminatory, or promotes hate or violence against any individual or group based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics.
Harmful or Abusive: Material that is threatening, harassing, invasive of privacy, or which promotes physical or emotional harm to any individual or group.
Sexually Explicit: Pornographic content or any material that exploits individuals in a sexual or violent manner.
False or Misleading: Creating or disseminating false information with the intent to deceive or mislead others, including impersonation of any person or entity.
Infringing on Intellectual Property: Content that infringes upon the intellectual property rights of others, including copying and republishing content without proper authorization or attribution.
Malicious: Material containing harmful computer codes, files, or programs such as viruses, Trojan horses, or other forms of malware.
Commercial Exploitation: Using CannyPen for unauthorized commercial purposes, such as unauthorized advertising, spamming, or any solicitation of other users.

Misuse of the software may result in immediate suspension or termination of the user’s account and may expose the user to civil and/or criminal liability. CannyPen reserves the right to remove any content that violates these terms and to cooperate with law enforcement authorities in prosecuting users who violate these rules.

5. Service Availability

CannyPen does not guarantee uninterrupted service and is not liable for any downtime. The software is provided “as is” without any warranties of availability.

6. Termination of Service

Breach of Terms: CannyPen reserves the right to terminate or suspend a user’s access to the software immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if the user breaches the Terms and Conditions. Upon termination, the user’s right to use the software will cease immediately.
Misuse of Software: If a user is found to be misusing the software, as defined in the Usage Limitations section, or engaging in illegal activities, their account may be terminated. Misuse includes, but is not limited to, creating prohibited content, engaging in abusive behavior, or using the software in a manner that adversely affects other users or the functionality of the software. Inactive
Accounts: CannyPen may terminate or deactivate accounts that have been inactive for an extended period. Users will be notified via email prior to the deactivation of their account and given the opportunity to log in to keep their account active.
Consequences of Termination: Upon termination, all data associated with the user’s account, including created content, may be deleted. CannyPen is not responsible for the loss of such data.
Right to Appeal: Users may have the option to appeal a termination decision. Appeals must be submitted in writing to CannyPen within a specified period following account termination.
Post-Termination Obligations: Upon termination, users are still bound by the provisions of these Terms and Conditions that, by their nature, should survive termination (e.g., intellectual property provisions, indemnities, limitations of liability, and dispute resolution).
Notification of Termination: Users will be notified of the termination of their account, along with the reasons for such termination, via the email address associated with their account.

Refund Policy

Eligibility for Refunds: Refunds are considered on a case-by-case basis. Users may be eligible for a refund if they experience technical issues that prevent the proper use of the software, provided these issues cannot be resolved by CannyPen’s support team.
Requesting a Refund: To request a refund, users must contact CannyPen via our support ticketing system within 7 days of the transaction. The request should include the transaction details and a clear explanation of the reason for the refund request.
Processing Refunds: Upon receiving a refund request, CannyPen will review the case and communicate the decision to the user. If a refund is approved, it will be processed, and the amount will be credited back to the original method of payment within 3 days.
Limitations: Refunds are not available for services already rendered or for issues outside the control of CannyPen, such as user’s failure to follow instructions or incompatibility with third-party software.
Subscription Cancellations: For subscription-based services, users can cancel their subscription at any time. However, cancellations will only prevent future charges, and previous payments are not typically eligible for refunds unless under exceptional circumstances.
Finality of Refund Decisions: Decisions regarding refunds by CannyPen are final and binding.

7. Fair Usage Clause

We strive to provide our users with an optimal experience while ensuring fair access to our AI software services. To maintain the quality and sustainability of our services, we have implemented a Fair Usage Policy.

By using our services, you agree to abide by the following guidelines:

Reasonable Usage: Our services are intended for legitimate and reasonable use. We reserve the right to monitor usage patterns and take appropriate action if we detect any misuse or abuse of our services.
Usage Limits: While our subscription plans offer generous credits for accessing our AI software services, usage limits are in place to prevent excessive consumption of resources. The following are the maximum usage limits for a monthly subscription:
- Characters: Up to 200,000 characters may be generated using our text-based AI models.
- Minutes: Up to 1,500 minutes of audio may be generated using our text-to-speech (TTS) services.
- Images: Up to 100 images may be generated using our image-based AI models.
Prohibited Activities: The following activities are prohibited and may result in the suspension or termination of your account: Excessive usage beyond the specified limits. Unauthorized resale or redistribution of our services. Any activity that violates our terms of service or applicable laws.
Review and Enforcement: We reserve the right to review usage patterns and take appropriate action, including but not limited to warning users, limiting access to services, or terminating accounts found to be in violation of this Fair Usage Policy.
Modification of Policy: We may update or modify this Fair Usage Policy from time to time. Any changes will be communicated to users via email or through our website.

You acknowledge and agree to comply with this Fair Usage Policy by continuing to use our services.

8. Liability and Disclaimer

Content Responsibility: Users are solely responsible for the content they create, upload, or disseminate using CannyPen. CannyPen does not monitor or control user-generated content and, therefore, does not guarantee the accuracy, integrity, or quality of such content. Users acknowledge that by using the software, they may be exposed to content that is offensive, indecent, or objectionable. CannyPen is not liable for any user-generated content, including any errors or omissions or any loss or damage incurred as a result of the use of any content posted or transmitted via the software.
No Endorsement of User Content: CannyPen does not endorse any user-generated content or any opinion, recommendation, or advice expressed therein. Responsibility for the decision to access or disseminate any user-generated content rests solely with the user.
Exclusion of Liability: To the fullest extent permitted by applicable law, CannyPen shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if CannyPen has been advised of the possibility of such damages), resulting from:
- the use or the inability to use the software;
- unauthorized access to or alteration of your transmissions or data;
- statements or conduct of any third party on the software; or
- any other matter relating to the software.
Disclaimer of Warranties: CannyPen is provided on an “as is” and “as available” basis without any warranty or condition, express, implied, or statutory. CannyPen specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.
Indemnification: Users agree to indemnify and hold harmless CannyPen, its officers, directors, employees, and agents from any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from:
- their use of and access to the CannyPen software;
- their violation of any term of these Terms and Conditions;
- their violation of any third-party right, including without limitation any copyright, privacy, property, or privacy right; or
- any claim that their content caused damage to a third party.

9. Dispute Resolution

Any disputes related to these Terms and Conditions will be subject to the laws of Singapore and must be resolved in its courts.

10. Changes to Terms and Conditions

CannyPen reserves the right to modify these Terms and Conditions at any time. Users will be notified of significant changes through announcements in the software or via email.