Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Penster website at penster.ai, the Penster marketing automation platform, and all related services (collectively, the "Service") provided by Penster ("we," "us," or "our").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you may not use the Service. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

1. Service Description

Penster is an AI-powered marketing automation platform designed for healthcare practices. The Service generates marketing content — including social media posts, website pages, SEO content, and advertising campaigns — using artificial intelligence trained on healthcare industry data. Key features include:

• Content generation: automated creation of social media posts, carousels, reel scripts, blog posts, and landing pages.
• Website and SEO: automated creation of SEO-optimized pages, blog content, and keyword targeting.
• Advertising automation: automated ad campaign creation, A/B testing, and geo-targeted distribution across Meta (Facebook/Instagram) and Google Ads.
• Approval workflow: all content generated by the platform requires your explicit approval before it is published or distributed.

2. Account Registration

To use the Service, you must create an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

You must be at least 18 years old to use the Service. By creating an account, you represent that you meet this age requirement.

3. Approval-First Publishing

The Service operates on an approval-first model. No content will be published, posted, or distributed on any platform without your explicit approval through our dashboard. Once you approve content for publication, you acknowledge that you have reviewed it and authorize its distribution on your behalf. You are responsible for reviewing all content before approving it for publication.

If Penster extracts or prepares brand details, practice details, or creative inputs during onboarding, you are responsible for reviewing those details before approving them. Your approval of brand details authorizes Penster to generate content, creatives, landing pages, and campaigns using the approved information.

4. Subscription and Billing

4.1 Pricing

The Service is offered on a subscription basis. Current pricing, features, and plan details are available on our website. We reserve the right to modify pricing with 30 days' notice to existing subscribers.

4.2 Billing

Subscription fees are billed in advance on a monthly or annual basis depending on your selected plan. All fees are non-refundable except as expressly stated in these Terms or required by applicable law.

4.3 Cancellation and Pausing

You may cancel or pause your subscription at any time through your account settings or by contacting us. Upon cancellation, your access to the Service will continue until the end of your current billing period. No refunds will be issued for partial billing periods.

5. Content Ownership and Licensing

5.1 Your Content

You retain all rights to the content you provide to us, including photos, text, logos, brand assets, and other materials ("Your Content"). By uploading Your Content to the Service, you grant us a limited, non-exclusive license to use, modify, and process Your Content solely for the purpose of providing the Service to you.

5.2 Generated Content

Marketing content generated by our AI system on your behalf ("Generated Content") — including social media posts, blog articles, website pages, ad copy, and creative assets — becomes your property upon creation. All content drafts are yours to keep, even after cancellation. You may use, modify, and distribute Generated Content as you see fit, subject to applicable laws and third-party platform terms.

5.3 Platform and Technology

The underlying technology, algorithms, models, software, and intellectual property powering the Service remain the exclusive property of Penster. These Terms do not grant you any rights to our proprietary technology, including but not limited to our content generation engines, design learning systems, and optimization algorithms.

6. AI-Generated Content Disclaimer

Content generated by our platform is created using artificial intelligence. While we train our systems on healthcare industry data and implement compliance-aware guardrails, AI-generated content may occasionally contain inaccuracies, errors, or content that requires revision. You are responsible for:

• Reviewing all generated content before approving it for publication.
• Ensuring that published content complies with all applicable laws, regulations, and professional standards relevant to your practice and jurisdiction.
• Verifying the accuracy of any claims, statistics, or medical information in generated content.
• Ensuring compliance with advertising regulations specific to your healthcare specialty (including but not limited to ADA, FTC, and state dental/medical board guidelines).

7. Compliance and Regulatory

7.1 Healthcare Advertising Compliance

Our platform includes compliance-aware guardrails designed to help produce content that aligns with healthcare advertising best practices. However, these guardrails are assistive in nature and do not constitute legal advice. You are solely responsible for ensuring that all content published through the Service complies with applicable federal, state, and local laws, including but not limited to FTC advertising guidelines, ADA standards, state medical and dental board regulations, and HIPAA requirements.

7.2 User-Generated Content and Consent

If you upload patient photos, before-and-after images, testimonials, practitioner or staff images, clinic visitor images, or any other third-party content to the platform, you represent and warrant that you have obtained all necessary consents, releases, licenses, and permissions before uploading, approving, publishing, or otherwise using that content through the Service.

For patient-identifying content, you are responsible for ensuring compliance with HIPAA, state privacy laws, advertising rules, and applicable professional standards. Penster does not verify consent, releases, licenses, permissions, or the legal status of uploaded materials. We rely on your representation that uploaded materials are authorized for marketing use.

7.3 No PHI Storage

The Service is not designed to store or process Protected Health Information (PHI) as defined by HIPAA. You agree not to upload PHI — including patient names alongside medical conditions, treatment details, insurance information, or medical records — to the platform. Marketing photos you upload should be limited to materials for which you have obtained proper consent for marketing use.

8. Third-Party Platforms

The Service integrates with third-party platforms including but not limited to Instagram, Facebook, LinkedIn, Google Ads, and Meta Ads. Your use of these platforms through our Service is subject to each platform's own terms of service and policies. We are not responsible for changes to third-party platform APIs, policies, or terms that may affect the functionality of our Service.

By connecting third-party accounts to the Service, you authorize us to access and interact with those accounts on your behalf solely for the purpose of providing the Service.

8.1 Google Business Profile Selection and Brand Details

During onboarding, you may be asked to select a Google Business Profile (formerly Google My Business) listing or other business listing connected to your practice. You are responsible for selecting only listings that you own, manage, or are otherwise authorized to use in connection with the Service.

You are responsible for verifying that the selected Google Business Profile, extracted brand details, practice information, location details, website details, and other business information are accurate before approving them in the Service. If you approve incorrect or unauthorized brand details, Penster may generate creatives, content, landing pages, or campaigns based on that approved information.

Penster is not responsible for your selection of an incorrect or unauthorized business listing, inaccurate information provided by third-party listing services, or content generated from user-approved incorrect brand or practice details.

9. Acceptable Use

You agree not to use the Service to:

• Publish false, misleading, or deceptive healthcare advertising.
• Create content that violates any applicable law or regulation.
• Upload, approve, publish, or use content without the necessary rights, consents, releases, permissions, or authority.
• Upload content containing viruses, malware, or harmful code.
• Attempt to reverse-engineer, decompile, or extract our proprietary algorithms or models.
• Use the Service in a manner that could damage, disable, overburden, or impair our infrastructure.
• Resell, sublicense, or provide access to the Service to third parties without our written consent.
• Create content that infringes on the intellectual property rights of others.

10. Service Availability and Modifications

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. We may modify, suspend, or discontinue any part of the Service at any time, with or without notice. We will make reasonable efforts to provide advance notice of material changes that may affect your use of the Service.

11. Limitation of Liability

To the maximum extent permitted by applicable law, Penster and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, or goodwill, arising out of or related to your use of the Service, regardless of the theory of liability.

Our total aggregate liability for any claims arising out of or related to the Service shall not exceed the amount you paid to us in the twelve (12) months preceding the event giving rise to the claim.

12. No Guarantee of Results

While we present case studies, performance metrics, and testimonials on our website, these represent specific outcomes achieved by individual practices and are not guarantees of future results. Marketing performance varies based on factors including specialty, location, competition, budget, and market conditions. We do not guarantee specific rankings, patient volumes, revenue increases, or return on ad spend.

13. Indemnification

You agree to indemnify, defend, and hold harmless Penster and its affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) content you upload, approve, or publish through the Service; (c) your violation of these Terms; or (d) your violation of any applicable law or regulation, including healthcare advertising regulations and patient privacy laws. This includes claims arising from your selection of an incorrect or unauthorized Google Business Profile or other business listing, your approval of incorrect brand or practice details, or your failure to obtain required consents, releases, licenses, permissions, or authority for content uploaded, approved, or published through the Service.

14. Termination

We may suspend or terminate your access to the Service at any time for violation of these Terms, with or without notice. Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination (including ownership, indemnification, limitation of liability, and dispute resolution) will survive.

15. Dispute Resolution

Any disputes arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good faith negotiation between the parties. If the dispute cannot be resolved through negotiation within 30 days, it shall be submitted to binding arbitration in accordance with the rules of the Indian Arbitration and Conciliation Act, 1996. The arbitration shall be conducted in Hyderabad, India, in English.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. You consent to the exclusive jurisdiction of the courts located in Hyderabad, Telangana, India for any legal proceedings arising out of these Terms.

17. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on this page with a revised "Last updated" date and, where appropriate, by email. Your continued use of the Service after changes are posted constitutes your acceptance of the updated Terms. If you do not agree with the changes, you should discontinue use of the Service.

18. Miscellaneous

• Entire Agreement: these Terms, together with our Privacy Policy, constitute the entire agreement between you and Penster regarding the Service.
• Severability: if any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• Waiver: our failure to enforce any provision of these Terms shall not constitute a waiver of that provision.
• Assignment: you may not assign or transfer your rights under these Terms without our written consent. We may assign our rights freely.

19. Contact Us

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

PENSTER TECHNOLOGIES PRIVATE LIMITED
Email: [email protected]
Hyderabad, Telangana, India