Terms of Service

By creating a PatronPen account, or by using PatronPen on behalf of a business, you agree to these Terms of Service (“Terms”) on behalf of that business, and “you” means that business. If you don’t have authority to bind the business, don’t proceed. Business use only. PatronPen is for businesses. You confirm that you are using it for your business, not for personal, family or household purposes.

Accepting these Terms is not an agreement to pay anything. We charge your card only if you buy conversations or agree to automatic top-ups. You agree to those separately, on the screen where you pay, as described in section 8.

PatronPen (“PatronPen,” “we,” “us”) is a tool (the “Service”) that helps a business collect genuine customer feedback and, with the customer’s own participation, turn it into a review the customer can choose to post on the review site the business has chosen. PatronPen:

• Sends a private, short interview to a customer, conducted by an AI assistant asking neutral questions about their actual experience.
• Uses AI to help turn the customer’s own answers into a draft review the customer can read and edit.
• Requires the customer to confirm the draft is true before they can copy it.
• Never posts anything itself. PatronPen does not hold or use any review-platform login, and does not submit reviews on anyone’s behalf. The customer copies the text and posts it themselves, under their own account, if they choose to.
• Gives the business ways to invite customers: a customer link, printable QR signs, and an invitation helper that suggests wording for a message the business sends itself.
• Lets a customer share a testimonial (and, if they choose, a photo) that the business may show on its public testimonial page or in a widget on its own website, and lets the business add testimonials its customers gave it elsewhere (§9A).
• Lets a customer send the business private feedback, which only the business reads and which is never published (§9C).
• Lets the business connect an AI assistant to its account (§9B).

PatronPen owns the Service — its software, design, text, and all intellectual property in it, other than content supplied by you or your customers. Subject to your compliance with these Terms, PatronPen grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your business’s own purposes, including with your customers in the ways the Service is designed for. You may not copy, modify, reverse-engineer, resell, white-label, or create derivative works from the Service except as these Terms expressly allow.

You retain any rights you already have in the business information you supply (your business name, branding, and similar details) and grant PatronPen a license to use it as needed to provide the Service to you — for example, showing your business name in the interview your customers see. Ownership of customer review content is addressed separately in §9, and the license you give us for content in §9D.

“PatronPen”, “we” and “us” mean Avigdor Azamir, an individual doing business as PatronPen, at the address in section 19, and any successor under section 20 (“Assignment”). PatronPen and Avigdor Azamir are not separate parties. Every protection in these Terms for PatronPen (including sections 5A, 14, 15 and 16) protects Avigdor Azamir personally in the same way.

You must be at least 18 years old and able to form a binding contract to use PatronPen on behalf of a business. You’re responsible for the accuracy of your business information and for anything that happens through your account, including actions by anyone you give access to it — for example, an employee or contractor you add as a team member. You’re responsible for that person’s compliance with these Terms, including §4 (fair invitation) and §12 (acceptable use), as if it were your own.

You confirm that you are authorized to set up and manage the business you name, and that the business information you give us is accurate. A business has one owner login, and one owner login runs one business. Setting up an account for a business you do not represent, including by using another business’s name or website address, is not allowed. If you do, we may remove the account and its unused free conversations, and we may end its access under section 13.

A “business” means the business set up in one PatronPen account, with all of its locations. Its locations share one balance of conversations.

Language. PatronPen and these Terms are currently available in English only.

This is the most important product rule and the one most tied to why PatronPen is lawful to operate. You agree to:

• Invite customers to the interview neutrally — everyone you invite gets the identical process regardless of how you expect them to feel about the visit. Positive, mixed, and negative experiences are equally welcome.
• Never select who receives an interview link based on an expectation, prediction, or guess about whether they’ll leave a positive review. This is sometimes called “review gating,” and major review platforms treat it as a policy violation independent of anything PatronPen does.
• Never offer, and never let anyone on your behalf offer, money, discounts, free products or services, or any other incentive in exchange for a customer completing the interview, leaving a review, or leaving a particular kind of review.
• Never attempt to influence, coach, or steer what a customer says in the interview or in their eventual review, including by telling a customer what to mention, what rating to give, or what language to use.

PatronPen does not provide, and will not build, any feature that identifies which of your customers are likely to leave a positive review. If you invite customers selectively based on expected sentiment, that is a violation of these Terms, whether or not you also violate a review platform’s own policy by doing it.

These rules also apply to testimonials and private feedback. In addition, you agree to:

• Treat every customer the same way. You may choose what a customer link asks for (for example, a review, a testimonial or private feedback), but you must not choose which link, or which choices, a customer gets based on how you expect them to feel. You must not steer unhappy customers away from a public review or toward private feedback, steer happy ones toward a review, or discourage anyone from posting a public review. Private feedback is never a way to keep criticism off review sites.
• Never offer anything for a testimonial or private feedback, or for changing or removing a review, testimonial or feedback.
• Never write, or have anyone write, a review or testimonial that isn’t a real customer’s real experience. This includes posing as a customer, running a conversation yourself, using AI to make one up, and using a customer’s link to create a review for someone else.
• Disclose insiders. If an employee, owner, manager, family member or other insider gives a review or testimonial, you must not present it as an ordinary customer’s, and you must make the connection clear wherever the law or the review site requires it.
• Never suppress reviews. You must not threaten or pressure a customer, or make groundless legal threats or false accusations against them, to stop or remove a review.
• Present your testimonials honestly. You may choose which testimonials to display. You must not say or suggest that they are all, most, or a representative sample of what your customers said, unless that is true, and you must not present your testimonial page or widget as an independent review site.

The reviewer is always a real customer describing a real experience. The customer supplies every fact in their review. PatronPen’s AI only helps convert the customer’s own answers into readable prose, subject to a fidelity check intended to catch drafts that drift from what the customer actually said. The customer can edit the draft freely, must affirmatively confirm it’s accurate before they can copy it, and decides for themselves whether to post it and where.

You are responsible for:

• Never asking, encouraging, or paying anyone to submit a review through PatronPen that isn’t based on a genuine experience with your business.
• Never asking a customer to say something specific in their review, or to omit something true and relevant.

The customer is responsible for:

• The truthfulness of what they tell the interview and what they ultimately post.

PatronPen is a drafting aid, not a guarantee that any resulting review is accurate — that responsibility sits with the customer who wrote and confirmed it.

PatronPen is a tool. Your customers decide what to say. Reviews, testimonials and private feedback are the words and opinions of the customers who give them. Some will be negative, mixed, critical or unfair, and the Service is built so that every customer can say so. That is how the Service is meant to work. It is not a fault in it.

Your responsibility. As between you and PatronPen, your business is responsible for how it, its team members and anyone acting for it use the Service, and for how its own customers use your customer link, your QR signs, your testimonial page and your widget. You decide whether to use the Service, whom to invite, where to send customers, what to publish and how to respond.

YOU AGREE THAT PATRONPEN IS NOT RESPONSIBLE FOR, AND YOU WILL NOT BRING A CLAIM AGAINST PATRONPEN ABOUT:

• WHAT ANY CUSTOMER SAYS, WRITES, EDITS, CONFIRMS, SENDS OR POSTS (INCLUDING A REVIEW DRAFTED WITH THE SERVICE’S HELP ONCE THE CUSTOMER HAS CONFIRMED IT), OR ITS TONE, ACCURACY OR FAIRNESS, INCLUDING A NEGATIVE OR CRITICAL REVIEW, RATING OR COMMENT;
• WHETHER A CUSTOMER POSTS A REVIEW AT ALL, WHERE, OR WITH WHAT RATING;
• ANY REVIEW SITE’S DECISION TO SHOW, FILTER, HIDE OR REMOVE A REVIEW, OR TO ACT AGAINST YOUR LISTING;
• THE EFFECT OF ANY REVIEW, TESTIMONIAL OR FEEDBACK ON YOUR REPUTATION, RATINGS, SEARCH RANKING, CUSTOMERS, REVENUE OR BUSINESS; OR
• ANYTHING YOU DO IN RESPONSE TO A REVIEW, TESTIMONIAL OR FEEDBACK, INCLUDING ANY REPLY YOU SEND TO A CUSTOMER.

RELEASE. TO THE FULLEST EXTENT THE LAW ALLOWS, YOU RELEASE PATRONPEN (AS DEFINED IN SECTION 2B) FROM ALL CLAIMS, KNOWN OR UNKNOWN, ARISING FROM THE MATTERS LISTED ABOVE, INCLUDING CLAIMS BASED ON PATRONPEN’S ORDINARY NEGLIGENCE (FOR EXAMPLE, IN HOW THE SERVICE HELPED WRITE WORDS THE CUSTOMER THEN CONFIRMED). If you are in California, you waive California Civil Code section 1542, which says: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” You also waive any similar law of any other place.

Claims brought against PatronPen by others about these matters are covered by your indemnity in section 16. This section does not release PatronPen from liability for its own fraud, willful injury, willful misconduct, gross negligence or violation of law, or for anything else the law does not allow to be released.

You choose where your customers are sent to post a review. It can be any review site or page you name. PatronPen does not limit which review sites you choose (a link must be a secure https address), and does not recommend, approve or check them.

You confirm that each link you add is a genuine listing or page for your own business, and that you are allowed to send customers there. You must not send customers to a page that pretends to be someone else’s listing, or to a site that looks independent but that you secretly control.

Every review site has its own rules, and they change. You are solely responsible for following the rules of each site you use. PatronPen does not represent that any way of using the Service complies with any site’s rules. A review site may filter, hide, flag or remove reviews, or act against your listing, for its own reasons. PatronPen has no control over that and is not responsible for it.

PatronPen never posts reviews, never holds a login for any review site, and does not see the reviews customers post.

PatronPen is not designed to collect or process protected health information (PHI). Do not enter, and do not invite a customer to enter, a name, diagnosis, medication, treatment plan, or other identifying health information into the interview. The same applies to testimonials (including ones you add yourself), private feedback, your replies to customers and anything an AI assistant you connect can read. You are also responsible for any state health-privacy law that applies to your business, such as Washington’s My Health My Data Act.

If your business is a medical, health, or wellness practice, PatronPen offers a setting that lets the customer name the procedure or service they had and describe their experience and results, while the AI is instructed to redirect the conversation back to their experience if they start describing a specific diagnosis, a medication (name or dosage), a treatment plan, or another patient’s information. This setting reduces, but does not eliminate, the risk that PHI is entered. If a customer nonetheless submits PHI, PatronPen will use the technical measures described in §9 (including automatic deletion of interview content) to limit its retention and exposure, but PatronPen cannot guarantee that a customer will not submit it, or that it will not reach PatronPen or its subprocessors before deletion.

PatronPen does not represent that it is HIPAA compliant, that it is designed to receive PHI, or that it is available under a Business Associate Agreement, except where separately confirmed to you in writing. PatronPen does not require every medical or wellness practice to sign a Business Associate Agreement before using the Service. However, you may not knowingly submit, or invite customers to submit, PHI through PatronPen unless PatronPen has separately confirmed in writing that a Business Associate Agreement is in place covering that use. If your business is a HIPAA-covered entity, you are responsible for determining whether your use of PatronPen is appropriate given its current safeguards, and for not using the Service in a way that requires a Business Associate Agreement PatronPen has not provided.

The app is free. Every PatronPen feature is free for every business: any number of locations, review sites and team members. What is limited is AI conversations. Each business gets 25 free ones, once (see below). After that, AI conversations come from top-ups you choose to buy. We can change what the free app includes (section 18), and we can discontinue the Service. If we discontinue the Service, we refund the unused part of what you paid for conversations, as described in “If we shut the Service down” below.

What counts as a conversation. A conversation is one guided AI conversation with a customer. It is counted when the AI sends its first reply. If a customer starts and the AI never replies, nothing is counted. A customer who types their own words instead (no AI) is not counted. The invitation helper is not counted.

Your 25 free conversations. When you set up a business, it gets 25 free conversations, once. All of the business’s locations share them. They don’t expire. Free conversations are used first, before any you buy.

One set of free conversations per business. A new account does not get the 25 free conversations if either of these matches an account that already got them, even if that account has since been closed:

• the verified email address that created the account; or
• the website address you give for your business at sign-up.

Small differences in an email address don’t make it a different address: capital letters, a “+” tag, and (for Gmail) dots are ignored. Your business website is optional. Addresses that belong to someone else’s service are not counted as your business website for this rule. That includes social-media pages, map and review-site listings, booking pages, and link-shortener or link-in-bio addresses. If your sign-up matches, your business is still created and every feature is free. It just does not get the 25 free conversations. You can still buy conversations. Changing the website on your account later does not change anything about your free conversations.

Reporting a wrong claim. If you think someone else set up your business, or we refused your free conversations because of someone else’s account, tell us at support@patronpen.com. We look at each report one case at a time. We do not ask every business to prove itself at sign-up, and a public web address or review listing does not by itself prove that someone represents a business. If a claim is disputed, we ask for two independent, reasonable pieces of proof that you control the business (we do this only during a dispute, never at sign-up). We ask only for what is needed, and you can cover anything else on a document. You can email redacted documents to support@patronpen.com; only the person reviewing your case can see them. We delete the documents 30 days after the dispute closes, and keep only a short record of the case (the outcome, the reason and the dates, with no documents) for three years. We never ask for card numbers, bank login details, tax ID numbers, or passwords for review sites or any other account. If we find that an account claimed a business it does not represent, we may remove that account’s unused free conversations. If the real business has not had its free conversations, we give it the 25. A business is never given them twice. Conversations someone bought are not removed for this reason, and free conversations already used are not taken back. Either side can appeal a decision within 14 days after we tell you the decision. We aim to decide an appeal within 10 business days, and if it takes longer we tell both sides.

Your conversations don’t expire. The free 25, the 50 bonus conversations (see “First-purchase offer” below), and conversations you buy stay in your account for as long as your account exists. Conversations are used in this order: the free ones first, then bonus ones, then bought ones, oldest purchase first. Free and bonus conversations have no cash value and cannot be refunded. No conversations (free, bonus or bought) can be transferred to another business or account; the locations of one business share its balance. The old packs (50 for $6 and 100 for $12) are no longer sold. Conversations you already bought from them stay in your account and never expire.

Top-ups. A top-up is a set number of AI conversations for a set price, paid by card in US dollars. The number and the price are shown to you on the payment screen before you pay; today a top-up is 25 conversations for $6. A top-up is a one-time purchase. Only the account owner can buy one.

First-purchase offer. If you make your first purchase while you still have some of your 25 free conversations, you get 75 conversations for the same $6. That is the 25 plus 50 bonus conversations, added on top of any free conversations you have left. The offer is once per business. It lasts until you have used the last of your free 25. If you started paying while the offer was open and then used the last free conversation, you still get the 75. If a payment doesn’t go through, the offer stays available. After the free 25 are used up, your first purchase is the standard 25 for $6. A business that was not given the free 25 (see “One set of free conversations per business” above) also gets the standard 25 for $6, not the 75.

The most you can hold. A business can hold only a limited value of unused paid conversations at one time (today $250 worth; free and bonus conversations don’t count toward it). A purchase that would take you over that maximum is not charged, and your Billing page tells you so. An automatic top-up that would take you over it is skipped, with no charge.

Automatic top-ups: how they start. Your first purchase of conversations also switches on automatic top-ups. Before you enter your billing details, our payment screen shows you what you are agreeing to and asks you to confirm it with a checkbox that starts unticked, separate from accepting these Terms. It tells you the price and number of conversations of this purchase; the price and number of conversations of each later automatic top-up; the balance at which it happens; and your spending limit (see below). It also tells you that we will save your card with Stripe; that we will charge the amount shown when fewer conversations than the trigger remain, no automatic charge is in progress, the 15-minute gap has passed (see below) and the charge fits within your spending limit; that there is only one charge at a time and at least 15 minutes after the last successful automatic charge; and how to switch them off. If you don’t confirm, you can’t complete the first purchase. Right after you pay, you can switch automatic top-ups off and keep everything you bought, including the bonus conversations of the first-purchase offer.

When a charge happens. We charge your saved card the automatic top-up amount you agreed to and add the number of conversations you agreed to (today $6 for 25) when all of these are true: the conversations left in your account (free, bonus and bought, all together) are fewer than the trigger (today 10); no other automatic top-up for your business is in progress; at least 15 minutes have passed since your last successful automatic top-up; the charge would not take you over the most you can hold (see “The most you can hold” above); and the charge, added to your successful and pending automatic charges in the past 30 days, does not exceed your current spending limit. We check after conversations are used and once a day. Each automatic top-up is a separate charge. If your conversations run out during the 15-minute pause or while you are at your limit, your customers can still use your link by typing their own words (see “When conversations run out” below), and you can buy conversations by hand right away.

Your spending limit. Your spending limit is $100 of automatic charges in any rolling 30 days, unless you change it. Purchases you make by hand, including your first purchase, don’t count toward it, and refunds don’t give back allowance. You can raise or lower the limit to any finite amount in the billing screen. Raising it asks for your consent again and charges nothing at that moment. Lowering it takes effect for later charges and never reverses a charge already made or already in progress. If your limit is reached, automatic top-ups pause until earlier charges age out of the 30 days or you raise the limit; your balance and manual purchases are not affected.

Your link is public. Anyone who uses your customer link or a printed sign can use up conversations, including people you don’t know, and each use can lead to another automatic top-up charge, up to your spending limit. We apply rate limits (section 11). Only you can switch automatic top-ups off or change your limit. We send you a receipt for every charge, and an email alert if there is more than one automatic top-up in 24 hours.

Unusual-activity alert. If a second automatic top-up succeeds within 24 hours of the first, we email you an alert. This is an alert, not a statement that anything is wrong. We use email only.

Pause after 12 months. If 12 months pass with no successful automatic top-up (counted from when you switched them on if none has succeeded), we pause automatic top-ups before the next attempt. Your conversations and your ability to buy stay as they are. To resume, you agree again with no charge (your saved card stays on file unless you remove it), and the 12 months then count again from the day you agree.

Confirmation and receipts. When you agree, we email you a confirmation that states the price and number of conversations, the trigger, your spending limit, one charge at a time, the 15-minute minimum gap after a successful automatic charge, a cancellation link and the last four digits of your card, and how to switch off. We email a receipt for every purchase, including every automatic one, showing the actual price and quantity, the card’s last four digits, the reason for the charge and the billing cancellation link. We keep a record of your agreement: the date and time (UTC), your owner ID, the exact words shown to you (version), your affirmative selection, the price, quantity, trigger and spending limit, and the brand and last four digits of your card. We keep each record for three years after the later of your last authorized charge or the end of that authorization.

Switching off. You can switch automatic top-ups off at any time from the billing screen in your account. It takes effect at once, we stop using your saved card, and every conversation already in your account stays. After you switch off, we don’t charge your card again unless you switch them back on. To use a different card, switch off and then switch on again with the new card.

When they switch themselves off. Automatic top-ups switch off at once: we request removal of the saved card and email you the date and reason, if any of these happens:

• your card is declined, your bank asks you to approve the payment yourself, or the saved card can no longer be used;
• a charge fails for a reason that isn’t your card’s fault (for example, a temporary problem at Stripe or your bank) three days in a row (on the days in between, nothing is charged and we try again at 9:00 a.m. UTC on the first daily check on a later UTC date);
• you or your card issuer dispute one of our charges to your business (see “Card disputes” below);
• (these pause rather than switch off: your spending limit is reached, or 12 months pass with no successful automatic top-up. See “Your spending limit” and “Pause after 12 months” above);
• we refund a charge as unauthorized (see “Refunds” below), or a refund reaches us that we can’t match to a reason, such as one made directly in Stripe;
• your first purchase went through but we couldn’t switch automatic top-ups on (for example, the card can’t be saved for later use). You keep the conversations you bought, and you can switch automatic top-ups on yourself later.

Switching on again. After you have bought conversations at least once, you can switch automatic top-ups on again from the billing screen. Doing so charges nothing by itself. You will see the same information again and agree to it with a new, initially unticked checkbox, and get a new confirmation email. The same applies after the 12-month pause and before we charge under a changed amount, quantity or trigger. A broad earlier agreement does not cover changed terms. The first-purchase offer does not come back. You can’t buy or switch on while a card dispute hold is in place. After the dispute closes, an operator must review and explicitly clear it; clearing does not enable automatic top-ups, so fresh owner consent is required (see “Card disputes” below).

Only the owner decides. Only the account owner can buy conversations, agree to automatic top-ups, switch them on or off, or ask for a refund. Team members and your customers can use up conversations through your link, but they can’t buy anything or agree to any charge.

Refunds. We refund a charge that is a duplicate or unauthorized. If you close your account yourself, or if we shut the Service down, we also refund the unused part of what you paid (see “No subscription; closing your account” below). We do not give refunds for other reasons.

• A duplicate charge is a second charge for the same thing, for example being charged twice for the same purchase.
• An unauthorized charge is one you did not agree to: for example, a charge after you switched automatic top-ups off, a charge that none of your agreements covers, or a charge made with a card that was used without the cardholder’s permission.

We refund the full amount of that charge, even if some of its conversations were used. (Today a top-up is $6; the refund is whatever you were charged for that purchase.) We take back from your account the conversations from that purchase that are still unused, including the bonus conversations if it was a first purchase. Conversations already used are not taken back. When we refund an unauthorized charge we also switch automatic top-ups off and remove your saved card.

A charge you agreed to, made as this section 8 describes, is not unauthorized just because you ask for a refund, including when the conversations were used up by customers or other people using your link. If you can show that a bot, not real people, used up your conversations and caused charges, write to us. We review each claim fairly and may refund some, all or none of it; we don’t promise a refund. We don’t give refunds for other reasons. To ask for a refund, write to support@patronpen.com. We decide from our purchase and agreement records. Free and bonus conversations have no cash value, so a refund never pays out cash for them (removing unused bonus conversations from a refunded first purchase does not create any cash). Nothing here limits any refund or chargeback right you have under applicable law.

Card disputes. If you or your card issuer dispute one of our charges, we place a hold on that purchase’s unused conversations while the dispute is open, automatic top-ups switch off, and we stop using your saved card. While the hold is in place you can’t buy conversations or switch automatic top-ups on, but the conversations you already have keep working. The dispute closing alone does not lift the hold. An operator reviews the case and explicitly clears it after closure. Clearing does not turn automatic top-ups on; fresh owner consent is required. If the dispute is decided in our favor, the held conversations are available again. If it is decided in the cardholder’s favor, the charge is returned and the unused conversations from that purchase are removed.

Before you dispute a charge with your card issuer, please write to us at support@patronpen.com. Most problems can be fixed faster with a refund than with a dispute. If you dispute a charge that you agreed to as this section describes, we may give the card issuer our records of your agreement, and we may end your account under section 13.

When conversations run out. Your app, every feature, and your customer link keep working. If you have no conversations left, customers who open your link write their own words instead of talking to the AI. Nothing is counted. Customers are never told about balances or prices. We tell you in your dashboard, and by email each time you run out. Once a purchase is verified fulfilled and its conversations are spendable, the next session can use AI. A refund or dispute before fulfillment may leave no spendable conversations. If you never buy, you are never charged.

No subscription; closing your account. PatronPen has no subscription. Nothing renews except automatic top-ups you have agreed to. You can close your account at any time (section 13). When you do, automatic top-ups stop and we ask Stripe to remove your saved card. We refund the unused part of what you paid for conversations, less anything already refunded. For each purchase, the conversations you have used from it count against the conversations you paid for first, so the refund is what you paid for that purchase multiplied by the share of its paid-for conversations that are still unused. The refund is rounded down to the nearest cent, and we send it within 5 business days after you confirm closing your account. For example, if you paid $6 for 75 conversations (25 paid-for plus 50 bonus) and used 10, the refund is $3.60. Free and bonus conversations have no cash value and are not refunded. Any conversations left in the account end with it, and conversations can’t be moved to another account. If a card dispute is open on one of your purchases, or a purchase you paid for hasn’t been delivered yet, we finish closing your account, and send your refund, once that is settled. Nothing else is held. If we can’t send your refund to your card (for example, because your card was closed), we still close your account. We email you, and you can reply with another way to be paid, such as a bank transfer or a check. We keep your email address and the amount we owe you until we have paid you.

If we shut the Service down. If we shut the Service down, we give you at least 60 days’ notice by email and in the app, and we refund the unused part of what you paid in the same way, within 5 business days after the shutdown date. Your customer link stops working on the shutdown date, and after that we delete your information, keeping only the records we need for billing, any refund we still owe you, and any open dispute. You can email support@patronpen.com to have your information deleted sooner; our Privacy Policy explains what we keep and for how long. If we can’t send your refund to your card, we email you and you can reply with another way to be paid; we keep your email address and the amount we owe you until we have paid you.

If we end your account. If we end your account for violating these Terms, we do not refund unused conversations as a matter of discretion. If the law requires us to refund you, we will. If we end your account for any other reason (section 13), we refund the unused part of what you paid, in the same way as when you close your account yourself.

Price changes. We may change the price of a top-up, its size, or the first-purchase offer for future purchases, with at least 30 days’ advance notice by email and a notice in the app. A change never affects conversations you already have. If a change would alter what an automatic top-up charges, how many conversations it adds, or when it happens, we do not charge your card automatically under the new terms until you agree to them again (see section 18).

Pausing purchases. We can pause all purchases and automatic top-ups at any time, for example to fix a problem. Conversations already in your account keep working while purchases are paused. Automatic top-ups that were on stay on and start again when we lift the pause.

Branded customer pages. The pages your customers see (the guided conversation, your testimonial page, and any embeddable widget) stop using the PatronPen name in their own wording. Where a page would say “PatronPen AI” it says “AI assistant”, and where a sentence would say that PatronPen recorded, saw or will post something, it says “This page”. A small “Powered by PatronPen™” link stays on the customer screens after the conversation, for every business: from the screen where a customer chooses what to do with their words through the final thank-you screen, and on the page a customer sees when a location has been paused. No embeddable widget shows a “Powered by PatronPen” line. The browser tab, the link preview and the icon of these pages show your business’s name, and its logo or initials. The email that lets a customer manage their testimonial shows your business’s name followed by “via PatronPen” as the sender name, and is sent from our own address. This is a display setting for your customer-facing pages only. It does not change who operates the Service: our own privacy policy, these Terms, and the email address interview and testimonial notifications are sent from will still identify PatronPen, because they describe who actually provides the Service. This feature is not a license to present the Service as your own separate product. See section 2A (ownership and license) and section 12 (acceptable use).

Roles. For customer interview data (defined below), you are the business initiating collection of your customers’ feedback, and PatronPen processes that data on your instructions, as a service provider under the CCPA/CPRA, a processor under comparable frameworks, and on equivalent terms under PIPEDA (Canada) where applicable. The same applies to testimonials, private feedback and reply contact details.

Business account data (your name, email, business details, billing information) is retained for as long as your account is active, per our Privacy Policy. PatronPen processes this data as needed to operate your account and the Service.

Customer interview data has two parts, treated differently. The content — what a customer actually types during the interview, and the resulting draft text — is automatically deleted from PatronPen’s own database approximately 10 minutes after the customer stops actively answering, or sooner if the customer or you delete it yourself, enforced by a database-level schedule. You never have access to a customer’s interview answers or draft, before or after deletion. Testimonials and private feedback are different: customers choose to send them to you (§9A, §9C).

This 10-minute schedule governs PatronPen’s own primary database. It does not, by itself, control:

• PatronPen’s AI subprocessor. That provider processes interview content to generate interview questions and drafts, and under its own standard data-usage policy may retain that content separately — for example, for its own abuse and safety monitoring — for a period set by that provider, unless and until PatronPen has a reduced- or zero-data-retention arrangement in place with it. PatronPen does not currently have such an arrangement in place and will update this section when it does.
• Routine database backups. PatronPen’s database provider does not run automated backups on the plan PatronPen is on today, so this is not currently a source of extended retention. If PatronPen later moves to a plan that includes backups, those backups could include a snapshot of interview content created before the 10-minute deletion occurred, retained on the provider’s own backup schedule; backups would be used only for disaster recovery, would not be searched or read in the ordinary course, and would remain subject to the subprocessor obligations in §10.

PatronPen’s own operational logs and monitoring are designed to never contain interview content, a customer’s identifying information, or a business’s identity — only counts and non-content metadata, such as whether a fidelity check passed.

Separately, PatronPen retains limited non-content metadata about each interview — for example, whether a fidelity check passed or required a regeneration, how many times a draft was regenerated, and the timestamp the customer confirmed their draft was accurate — in an internal audit record. That metadata does not include the customer’s words and is not deleted on the 10-minute schedule; it is retained as described in our Privacy Policy. PatronPen processes customer interview data only to (a) generate the interview and draft, (b) apply the fidelity and abuse safeguards described elsewhere in these Terms, and (c) retain the minimal aggregate counts and audit metadata described in our Privacy Policy. This is described fully in our Privacy Policy.

You, not PatronPen, send any personalized invitation to a customer — by your own email, text message, or other channel — and you, not PatronPen, hold any recipient-identifying information you include in it or keep about who you invited. PatronPen’s interview link itself does not require or collect a customer’s name; if you choose to give PatronPen a customer’s first name solely to help draft your invitation message, that name is used only to generate the message text and is not stored by PatronPen.

Invitations you send. You choose who to invite and how, and you send every invitation yourself, including any message drafted with the invitation helper, which is only a suggestion. You are responsible for having any consent the law requires before you text, call or email someone, for honoring opt-outs, for including any identification or opt-out notice the law requires, and for complying with the Telephone Consumer Protection Act, the CAN-SPAM Act, state telemarketing and texting laws, and their equivalents elsewhere. PatronPen does not send invitations on your behalf.

Your instructions and your obligations. PatronPen processes customer interview data only as instructed by you through your use of the Service’s built-in features — we do not process it for any other purpose. You are responsible for having a lawful basis to invite your customers to the interview, including any notice or consent required by law in your jurisdiction; our Privacy Policy’s customer notice supplements, but does not replace, your own obligations. Testimonials and private feedback are processed the same way, and are sent to an AI assistant only when you connect one and allow it (§9B).

Prohibited uses. PatronPen will not sell or share customer interview data (as those terms are defined under applicable privacy law), use it for targeted advertising, use it to train AI models beyond the immediate interview and drafting session, combine it with data from other sources except as needed to operate the Service, or use it for any purpose incompatible with providing the Service to you. A disclosure you direct under §9B is not a sale or sharing of data by PatronPen.

Security. PatronPen maintains reasonable administrative, technical, and organizational measures appropriate to the sensitivity of customer interview data, including the encryption, access controls, and automatic-deletion safeguards described in our Privacy Policy.

Security incidents. If PatronPen becomes aware of a security incident compromising customer interview data, testimonials, photos, private feedback or reply contact details, we will notify you without undue delay after confirming the incident, so you can meet any notification obligations you may have.

Rights requests. Because customer interview data in PatronPen’s primary database is not linked to a name and is deleted automatically within minutes, PatronPen generally has little to search, correct, or produce from that database by the time a rights request could reach us. Where a copy may still exist within a backup’s retention window or with a subprocessor, or where we hold other relevant data, we will make reasonable efforts to assist you in responding to a verified access, correction, or deletion request from your customer. Testimonials, photos, private feedback and reply contact details are kept until deleted, so for those we will find or delete what we hold when you ask us to, or you can delete it yourself in your dashboard.

Return or deletion at termination. Interview content is already deleted on the automatic schedule described above. Testimonials, photos, private feedback and reply contact details are deleted when your account is deleted; copy anything you want to keep first. Retained non-content audit metadata and business account data are handled per our Privacy Policy’s account-closure terms.

If PatronPen can no longer meet these terms, we will notify you and work with you in good faith on a remedy, which may include suspending the affected feature.

Your rights if we don’t comply. If you reasonably believe PatronPen has materially failed to meet this section, you may request information reasonably needed to verify our compliance, and if we cannot promptly resolve the issue, you may stop using the affected feature and terminate under §13.

Cross-border processing. PatronPen is operated from, and processes data in, the United States. If you are a Canadian business, your customers’ data may be processed in the United States, which may be accessible to U.S. government authorities under U.S. law; by using the Service, you consent to this processing on behalf of your business.

Ownership: a customer’s review, once posted, belongs to the customer and is subject to the review site’s own terms. PatronPen does not claim ownership of anything a customer writes. You may not represent a customer’s review as content you created or own.

What it is. Separately from any review, the Service lets a customer choose to share a written testimonial with you and, at their option, one photo. The customer is told, before submitting, that you may display it on your public testimonial page and website. Their submission is their consent to that use; the photo carries its own, separate consent. PatronPen stores each testimonial a customer submits exactly as submitted; neither you nor PatronPen can edit a customer’s words or photo.

What the label means. A “Sent by the customer” label (in the word you choose, such as “Sent by the client”) on your page or widget means only that the testimonial was sent through your customer link and that the person who sent it can delete it. It does not mean PatronPen checked who sent it or whether they were your customer. Testimonials you add yourself do not carry it.

Your responsibility for what you display. You decide whether to publish a testimonial or photo on your public testimonial page or to embed it on your own website, and you are solely responsible for what you choose to display. That includes: reviewing a testimonial and its photo before you publish it; not publishing anything you know or reasonably should know is false, misleading, or shows a person who did not consent to its use, or otherwise unlawful; complying with the laws that apply to your use of a customer’s words or likeness, including the FTC Consumer Reviews and Testimonials Rule and any right-of-publicity or privacy law; and promptly unpublishing or deleting a testimonial or photo when the customer asks you to. PatronPen does not review, moderate, or approve testimonials or photos before you publish them.

The customer’s control. Every customer who submits a testimonial through PatronPen keeps a private link that deletes their testimonial and photo at any time, with immediate effect on your public page at once and on every embed within about a minute. You agree not to interfere with that control, and not to reproduce a customer’s testimonial or photo anywhere else after the customer has deleted it. Claims arising from your display of a testimonial or photo are covered by §16 (indemnification).

Testimonials you add yourself. You may add testimonials that customers gave you outside PatronPen, one at a time or from a file, within the limits shown in the app. Each time you do, you confirm that:

• each one is a genuine testimonial from a real customer about a real experience with your business, in the customer’s own words, and was not written, rewritten or generated (including by AI) by you or anyone else for you;
• you have the customer’s permission to display it, with their name or initials as shown, and any photo you attach, and you can show that permission if we ask;
• it was not given in exchange for anything, and it is not from an employee, owner, relative or other insider unless that is clearly disclosed; and
• it contains no health information you are not allowed to publish (§7).

A testimonial you add has no private link for the customer. If a customer asks you to remove it, you must remove it promptly. Testimonials you add are your content, not PatronPen’s, and are covered by §16.

We may remove content. PatronPen may hide or remove any testimonial or photo from your page, your widget or the Service if we receive a complaint, believe it may break the law or these Terms, or are required to. We are not obliged to review content, and doing so does not make us responsible for it.

You may connect an AI assistant to your account. By connecting one, you instruct PatronPen to send it the information it asks for within the permissions you choose, including your customers’ testimonials and private feedback if you allow it. That disclosure is made at your direction. The assistant’s provider is your provider, not PatronPen’s subprocessor, and PatronPen is not responsible for how it handles information.

You are responsible for: choosing the assistant and its data settings; any notice, consent or contract the law requires of you for that disclosure; not allowing an assistant to read customers’ words if they may contain health information you are not allowed to share with it (see §7); everything the assistant does with the permissions you give it, which counts as your use of the Service, including §4 and §5; using any customer contact details you see only to reply; and not keeping or reproducing a testimonial after the customer deletes it (§9A).

Some actions always need your approval on PatronPen, and some are never available to an assistant. We may pause or end assistant access at any time, for one assistant or for all.

A customer may choose to send your business private feedback instead of, or as well as, a testimonial or review. Only you, the account owner, can read it (and an AI assistant you connect, if you allow it, §9B). It is never published, and you cannot edit it.

If you switch on reply contact, a customer may choose to leave an email address or phone number. You may use it only to reply to that feedback, personally, and not for marketing, surveys, review requests, adding the customer to a list, or anything else. We erase it 30 days after the feedback is sent. If you copy it elsewhere, you are responsible for that copy.

You are responsible for every reply you send, including its content, the channel you use, and any law that applies to it (for example, laws on texting, email, privacy and health information). You must not use a reply to pressure a customer about a review, to offer anything in exchange for changing or removing one, or to find out who the customer is beyond what they chose to share.

Private feedback is not a way to keep criticism off review sites (§4).

License to PatronPen. You grant PatronPen a worldwide, non-exclusive, royalty-free license to host, store, copy, re-encode, resize, cache, transmit and display your business information, logos, links, testimonials you add, and anything else you upload, and the testimonials, photos and feedback customers send you, only as needed to provide, secure and support the Service (including your testimonial page and widget). The license ends when the content is deleted, except for copies in routine backups until they expire.

Statistics. PatronPen may create and use statistics about use of the Service that do not identify you, your customers or any person, to run and improve the Service.

Your suggestions. If you send us ideas or suggestions about PatronPen, we may use them for any purpose without paying you.

Naming you as a customer. We will not name your business as a PatronPen customer in our marketing without your permission.

Takedown requests. If you believe content shown through PatronPen infringes your copyright, send a notice with the information required by 17 U.S.C. §512(c)(3) to our designated agent: Avigdor Levi Azamir, PatronPen, 325 Venice Way, Venice, CA 90291, (310) 407-9623, support@patronpen.com. We respond to valid notices by removing or disabling access to the material identified. If content you supplied is removed, you may send a counter-notice under 17 U.S.C. §512(g), and we will handle it as that law describes. We end the accounts of repeat infringers in appropriate circumstances. For other complaints (for example about privacy, defamation, or a person shown in a photo without consent), write to the same address. We may remove content as described in §9A.

PatronPen uses third-party service providers (“subprocessors”) to operate the product, including a cloud hosting provider, a database provider, an AI provider (used to power the interview and drafting; see §9 for that provider’s own data-retention practices), an email delivery provider, an authentication provider (used only when you connect an AI assistant), and a payment processor (Stripe). PatronPen maintains a current list of subprocessors at patronpen.com/subprocessors and will provide advance notice of any material change, such as adding a new subprocessor that will handle customer interview data. We require each subprocessor to protect the data it receives and to use it only to provide its service to us, subject to the retention practices described in §9. These providers process data only as needed to provide the Service, per our Privacy Policy.

PatronPen applies rate limits and automated abuse controls, including by IP address, to protect the service and control costs. We may throttle, block, or terminate access that we reasonably believe is abusive, fraudulent, or intended to manipulate the interview or drafting process.

Your customer link and any QR sign are public, so anyone who has them can start a conversation. Conversations used that way are counted against your account like any other. Creating more than one account, or using another business’s name or website address, to get more than one set of free conversations is also abuse under this section, and we may remove the accounts or the conversations involved.

Keep your sign-in details, and any access you give to team members or an AI assistant, secure. You are responsible for everything done through your account, your team members and any AI assistant you connect. Tell us promptly at support@patronpen.com if you think someone has used your account without permission. We are not responsible for loss caused by sign-in details you did not keep secure.

You will not, and will not let anyone else:

• break §4 (fair invitation), or create, buy, sell or post fake, AI-made, incentivized or misattributed reviews or testimonials;
• use your link, a QR sign or the Service to create reviews for a business that is not yours;
• use the Service for anything unlawful, deceptive, harassing, defamatory or discriminatory;
• include any term in a contract with your customers that restricts their honest reviews (for example, a term that the Consumer Review Fairness Act or California Civil Code section 1670.8 forbids);
• knowingly submit or invite customers to submit protected health information without the written Business Associate Agreement required by §7;
• try to manipulate the AI (including by prompt injection), interfere with or attempt to bypass PatronPen’s technical safeguards, including the fidelity check, rate limits and conversation limits, or scrape, copy or reverse-engineer the Service or its prompts;
• overload the Service, or access accounts or data that are not yours;
• use the Service to build a competing product;
• resell or white-label the Service without a separate written agreement; or
• use the Service where doing so would break local law, or in breach of U.S. export or sanctions law (§20).

Your profession’s rules. Some professions have their own rules on reviews and testimonials (for example, attorneys, doctors, dentists, therapists, financial advisers and real-estate agents). You are responsible for following them.

By you. You may stop using PatronPen and close your account at any time from your dashboard.

Suspension. We may suspend all or part of your access, your customer link, your testimonial page or widget, automatic top-ups or AI-assistant access, with or without notice, if we reasonably believe that: you or someone using your account has broken these Terms; the account is being used for fake, incentivized or gated reviews or testimonials, or for fraud, abuse or spam; there is a security risk; a law, court, regulator, review site or payment provider requires it; or continuing would expose PatronPen, your customers or others to harm or liability. Where it is practical and lawful, we tell you why and give you a chance to respond. A suspension does not by itself end these Terms or remove your conversations.

Ending your account. We may end your account for a serious or repeated breach of these Terms, including the fair-invitation requirements in §4, or after a suspension for such a breach that we could not resolve. If we end your account after a suspension for any other reason, we refund the unused part of what you paid, as described in section 8, and give you as much notice as is practical. We may also end your account for any other reason with 30 days’ notice by email, and we may close an account that has had no sign-in and no conversations for 24 months, after 30 days’ notice by email. In those two cases we refund the unused part of what you paid, as described in section 8. Free and bonus conversations end with the account.

After your account ends, your license to use the Service ends, your customer link, testimonial page and widget stop working, and section 9 governs your data.

If you close your account, section 8 (“No subscription; closing your account”) applies (refund of the unused part of what you paid). We may suspend or end your access for violating these Terms, including a false claim to a business under section 3 or section 8 (“Reporting a wrong claim”); section 8 (“If we end your account”) says we don’t refund unused conversations as a matter of discretion in that case, but we will refund where the law requires it, and nothing here limits any right you have under applicable law. If we discontinue the Service, section 8 (“If we shut the Service down”) also applies. The sections listed in section 20 (“Survival”) continue after your account ends.

EXCEPT FOR THE EXPRESS OBLIGATIONS STATED IN THESE TERMS, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PATRONPEN DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE, THAT ANY INTERVIEW WILL RESULT IN A COMPLETED REVIEW, OR THAT A REVIEW POSTED BY A CUSTOMER WILL REMAIN VISIBLE ON, OR COMPLY WITH THE POLICIES OF, ANY THIRD-PARTY REVIEW PLATFORM. PATRONPEN CANNOT WARRANT THAT THE SERVICE WILL BE ENTIRELY SECURE, THOUGH PATRONPEN MAINTAINS THE SECURITY MEASURES DESCRIBED IN THE PRIVACY POLICY.

PATRONPEN DOES NOT PROVIDE LEGAL ADVICE AND DOES NOT WARRANT OR GUARANTEE THAT YOUR INVITATION PRACTICES, YOUR USE OF THE SERVICE, OR ANY REVIEW YOUR CUSTOMER POSTS COMPLIES WITH APPLICABLE LAW OR ANY REVIEW PLATFORM’S POLICIES — THAT RESPONSIBILITY IS YOURS UNDER §4 AND §12.

THE SERVICE USES ARTIFICIAL INTELLIGENCE. AI OUTPUT, INCLUDING INTERVIEW QUESTIONS, DRAFTS AND INVITATION SUGGESTIONS, CAN BE INCOMPLETE, INACCURATE OR UNSUITABLE. THE FIDELITY CHECK REDUCES BUT DOES NOT ELIMINATE THAT RISK. THE CUSTOMER REVIEWS, EDITS AND CONFIRMS THE WORDS BEFORE COPYING THEM, AND YOU REVIEW ANYTHING YOU PUBLISH.

PATRONPEN DOES NOT PROMISE ANY RESULT, INCLUDING ANY NUMBER OF CONVERSATIONS, REVIEWS OR TESTIMONIALS, ANY RATING, ANY SEARCH OR REVIEW-SITE RANKING, OR ANY EFFECT ON YOUR REPUTATION, CUSTOMERS OR REVENUE.

THIRD-PARTY SERVICES THE SERVICE WORKS WITH, INCLUDING REVIEW SITES, AI PROVIDERS, AI ASSISTANTS YOU CONNECT, AND PAYMENT PROCESSORS, ARE NOT UNDER PATRONPEN’S CONTROL, AND PATRONPEN IS NOT RESPONSIBLE FOR THEM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU; ANY WARRANTY THAT CANNOT LAWFULLY BE EXCLUDED IS NOT AFFECTED BY THIS SECTION.

In this section and §16, “PatronPen” has the meaning in section 2B, and the limits below apply to Avigdor Azamir individually as well as to the business operating as PatronPen.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND REGARDLESS OF THE LEGAL THEORY ASSERTED — WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE — IN NO EVENT WILL PATRONPEN BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF PATRONPEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A LIMITED REMEDY UNDER THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE.

PATRONPEN’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID PATRONPEN IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) ONE HUNDRED DOLLARS ($100).

This limitation extends to PatronPen’s service providers, contractors, and personnel acting within the scope of their work for PatronPen, who are intended third-party beneficiaries of this section.

Carve-outs: only to the extent applicable law prohibits limiting liability for the following, this limitation does not apply to (i) PatronPen’s fraud, (ii) PatronPen’s willful injury or willful misconduct, (iii) PatronPen’s gross negligence, or (iv) violations of law that cannot lawfully be limited by contract. Nothing in this section limits your payment obligations under §8, your indemnification obligations under §16, or your liability for violating §4 (fair invitation) or §12 (acceptable use) — those obligations are not subject to the cap above.

Time limit for claims. Any claim by either of us arising out of these Terms or the Service must be brought within one year after it arose, or it is permanently barred, unless the law does not allow this time limit to be shortened. A claim for indemnity under section 16 arises when the third-party claim is first made against PatronPen.

Billing errors. For a charge made in error, your remedy is a refund of that charge as described in section 8.

By you. You agree to defend, indemnify, and hold harmless PatronPen (as defined in section 2B), and its service providers and contractors, from and against any third-party claim, demand, investigation or proceeding, including one brought by a government agency or by one of your customers, and all resulting damages, fines, penalties, settlements, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and the cost of responding to a subpoena or a regulator’s inquiry), arising out of or related to: (a) your invitation practices and how you communicate with customers, including any violation of §4 (fair invitation), gating, incentives, or manipulation, and any text message, call or email you send (including one drafted with the invitation helper); (b) content, links, logos or instructions you provide to PatronPen, including the review destinations you choose (§6); (c) your violation of another person’s intellectual-property, privacy, publicity, or other rights; (d) your violation of a review platform’s own policies, or a review site’s action against you; (e) your unlawful or prohibited use of the Service, including any violation of §12 (acceptable use), or your breach of these Terms or of any law; (f) your publication, display, or other use of a customer testimonial or photo (§9A), including testimonials you add yourself and any testimonial page or widget you place; (g) private feedback, and any reply you send to a customer (§9C); (h) anything an AI assistant does with the access you give it (§9B); or (i) your business, products and services, any claim by your customers about them, and any claim about any review, testimonial or feedback given through your customer link or pages. This obligation applies even if PatronPen’s ordinary negligence contributed to the claim, for example in how the Service drafted or displayed words a customer confirmed. It does not cover losses to the extent caused by PatronPen’s own fraud, willful injury, willful misconduct, gross negligence or violation of law, and it applies only to the extent the law allows.

Procedure. The indemnified party will give the indemnifying party prompt written notice of the claim; the indemnifying party will control the defense (with counsel reasonably acceptable to the indemnified party); the indemnified party will reasonably cooperate at the indemnifying party’s expense; and the indemnifying party will not settle any claim in a way that admits fault, imposes a nonmonetary obligation, or requires payment by the indemnified party, without that party’s prior written consent. If you do not take up the defense promptly after notice, or there is a conflict of interest, PatronPen may defend itself with attorneys of its choice at your reasonable expense.

By PatronPen. PatronPen does not provide an indemnification obligation to you under these Terms — for example, an intellectual-property indemnity covering the Service itself.

PatronPen is operated from, and intended for use by businesses in, the United States and Canada. PatronPen does not currently design the product for, or knowingly direct it toward, users in the European Union or United Kingdom.

We may change these Terms. For a material change, we email the account owner and post a notice on this page at least 30 days before it takes effect, unless the change is needed sooner to comply with the law or to deal with a security or abuse problem. Changes that are not material (for example, clearer wording or a corrected address) take effect when posted.

We may ask you to accept updated Terms, for example with a click, before you continue to use the Service. If you do not agree to a change, you may close your account before it takes effect and receive the refund described in section 8 (“No subscription; closing your account”). If you keep using the Service after a change takes effect, the updated Terms apply to you.

Changes apply going forward only. They never apply to a dispute that arose before the change took effect, and a change to section 19 does not apply to a claim either of us has already notified the other about.

Your agreement to automatic top-ups is separate from your acceptance of these Terms. If we change the amount, the number of conversations, the trigger or the other terms of automatic top-ups, we tell you by email, and charge your card under the changed terms only after you agree to them through a new, initially unticked checkbox.

PatronPen is operated by Avigdor Azamir, a sole proprietor doing business as “PatronPen,” located at 325 Venice Way, Venice, CA 90291. These Terms, and any dispute arising out of or relating to these Terms or your use of PatronPen, are governed by the laws of the State of California, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs the interpretation and enforcement of the arbitration agreement in this section.

Informal resolution first. Before starting an arbitration, you and PatronPen agree to send written notice describing the dispute and to spend 30 days attempting to resolve it in good faith.

Binding arbitration. Any dispute not resolved informally will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Mediation Procedures then in effect — or, if AAA determines its Consumer Arbitration Rules apply to your account, those rules and their fee allocation control instead — before a single neutral arbitrator, rather than in court.

Seat and hearings. The arbitration will be seated in Los Angeles County, California. Hearings will be conducted remotely by default; if the arbitrator requires an in-person hearing, it will take place in Los Angeles County unless the parties agree otherwise.

Exceptions. Either party may instead bring an individual claim in small claims court if it qualifies. Either party may also seek temporary or preliminary court relief needed to preserve the status quo pending arbitration.

Fees. Arbitration fees are allocated under the applicable AAA rules and any mandatory law. Each party otherwise bears its own attorneys’ fees unless a statute, these Terms, or the arbitrator’s award provides for fee-shifting.

Remedies. The arbitrator may award any individual remedy that a court could award, subject to the limits in these Terms that the law allows.

Who decides. The arbitrator decides all questions about whether a dispute must be arbitrated, including the scope, validity and enforceability of this section, except that a court decides questions about the class-action waiver and the “Many similar claims” paragraph below.

Deadlines pause. Time limits for bringing a claim pause during the 30-day informal-resolution period.

Many similar claims. If 25 or more similar claims are brought against PatronPen by or with the help of the same or coordinated attorneys or organizations, they will be filed and administered in batches of up to 50 claims, with one arbitrator for each batch. Batches proceed at the same time unless the AAA or the parties decide otherwise. The AAA’s Mass Arbitration Supplementary Rules apply where they apply on their own terms. Each claimant must personally sign the notice of dispute. Nothing in this paragraph makes the outcome of any claim binding on someone who is not a party to it.

YOU AND PATRONPEN EACH WAIVE THE RIGHT TO A JURY TRIAL. DISPUTES WILL PROCEED ONLY ON AN INDIVIDUAL BASIS, NOT AS A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION, AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. This class-action waiver does not apply to a claim for public injunctive relief to the extent applicable law makes that claim non-waivable; such a claim may proceed in court after the individual claims are arbitrated.

If the class waiver fails. If a court decides that the class-action waiver cannot be enforced for a claim, that claim (and only that claim) proceeds in the courts named under “Opt-out” below, not in arbitration.

Opt-out. You may opt out of this arbitration agreement by emailing support@patronpen.com within 30 days of the date you first accept these Terms, stating that you opt out of arbitration. If you opt out, disputes will instead be resolved exclusively in the state or federal courts located in Los Angeles County, California.

Judgment on any arbitration award may be entered in any court with jurisdiction.

Service changes and discontinuation. PatronPen may modify, add to, or remove features of the Service, and may discontinue the Service entirely, at its discretion. Where reasonably practical, we will give notice of a material feature removal affecting paying customers. If we shut the Service down, section 8 (“If we shut the Service down”) applies.

Assignment. You may not assign or transfer these Terms, or your account, without PatronPen’s prior written consent. PatronPen may assign these Terms, without your consent, to any company or other entity that Avigdor Azamir forms or controls, to an affiliate, or to a successor in a merger, acquisition or sale of all or most of the PatronPen business. We will tell you by email. From the date of that assignment, the assignee is “PatronPen” under these Terms, and you agree that Avigdor Azamir is released from all obligations under these Terms arising after that date.

Force majeure. Neither party is liable for a failure or delay in performance caused by events beyond its reasonable control, including natural disaster, war, terrorism, labor dispute, internet or utility failure, or third-party service outage (including a subprocessor’s).

Entire agreement. These Terms, together with the documents they reference (our Privacy Policy, the subprocessor list, and any automatic top-up agreement you make on the payment screen), are the entire agreement between you and PatronPen regarding the Service, and supersede any prior agreement or understanding on the same subject.

Severability. If any provision of these Terms is found unenforceable, the rest remain in effect, and the unenforceable provision will be interpreted to best accomplish its original intent within the limits of applicable law.

Waiver. PatronPen’s failure to enforce a provision is not a waiver of its right to do so later.

Notices. PatronPen may give you notice under these Terms by email to your account’s registered address or by an in-app notice. You may give PatronPen notice by emailing support@patronpen.com, or another contact method PatronPen designates. Legal process and notices of dispute may also be sent by mail to the address in section 19.

Electronic communications. You agree to receive agreements, notices, receipts and other communications from us electronically, by email or in the app, and that they satisfy any legal requirement for a writing. Service and billing emails are part of the Service, and you cannot switch them off while you have an account.

Export and sanctions. You confirm that you and your business are not located in, or owned or controlled by anyone in, a country or region under comprehensive U.S. sanctions, and are not on any U.S. government list of restricted parties. You will not use or allow use of the Service in breach of U.S. export or sanctions laws.

Survival. Sections 2A (ownership only; your license ends), 2B, 5A, 8 (for charges already made, refunds owed and dispute holds), 9 (for data still held), 9A, 9B, 9C and 9D (for content you displayed or added), 11A (for use of your account before it ended), 14, 15, 16, 19 and 20, and any other terms that by their nature should continue, survive the end of these Terms.

Headings and summaries. Headings, the plain-English summary at the top, and examples are for convenience. They do not change or limit the full text.

Independent contractors. You and PatronPen are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and PatronPen.

No third-party beneficiaries. These Terms do not create rights for anyone other than you and PatronPen, except where a provision expressly says otherwise (for example, the service-provider and contractor beneficiaries named in §15).

Order of precedence. If these Terms conflict with our Privacy Policy on a matter these Terms directly address, these Terms control; on matters primarily about privacy and data handling, the Privacy Policy controls.

Questions about these Terms: support@patronpen.com.