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. If you don’t have authority to bind the business, don’t proceed.

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 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 a supported review platform. 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.

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 internal purposes. 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.

You must be 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.

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 currently supports linking customer reviews to Google only. Additional platforms may be added, changed, or removed at PatronPen’s discretion at any time. PatronPen supporting a platform is not a representation that using it in a particular way complies with that platform’s policies — platform policies change, and compliance depends on how you use the Service, not just on PatronPen’s own configuration. You are solely responsible for complying with the policies of any review platform you use, regardless of which platforms PatronPen currently supports.

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.

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 turn automatic top-ups off, 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.

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.

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.

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 those words, before or after deletion.

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.

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, 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.

Return or deletion at termination. Interview content is already deleted on the automatic schedule described above; nothing further needs to be returned or deleted when your account closes. 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 platform’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 exactly as submitted; neither you nor PatronPen can edit a customer’s words or photo.

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 keeps a private link that deletes their testimonial and photo at any time, with immediate effect on your public page and every embed. 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).

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 customer contact details 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.

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. PatronPen is confirming each subprocessor’s data-protection terms, retention practices, and security posture, and will keep this section and the subprocessor list current as that review is completed. 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.

You will not use PatronPen to: solicit reviews through gating or incentives (§4); submit or encourage fabricated, misleading, or non-genuine reviews; interfere with or attempt to bypass PatronPen’s technical safeguards, including the fidelity check or rate limits; knowingly submit or invite customers to submit protected health information without the written Business Associate Agreement required by §7; use the service in a jurisdiction where doing so would violate local law; or resell or white-label the service without a separate written agreement.

You may stop using PatronPen and close your account at any time. We may suspend or terminate your access for violating these Terms, including the fair-invitation requirements in §4, with notice where practical.

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. Sections that by their nature should survive termination (ownership, limitation of liability, indemnification, and the payment and refund terms in section 8 for charges already made) do survive.

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.

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.

For purposes of this section and §16, “PatronPen” means Avigdor Azamir, an individual doing business as PatronPen — PatronPen and Avigdor Azamir are not separate parties, 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.

By you. You agree to defend, indemnify, and hold harmless PatronPen (as defined in §15) from and against any third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your invitation practices, including any violation of §4 (fair invitation), gating, incentives, or manipulation; (b) content or instructions you provide to PatronPen; (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 (e) your unlawful or prohibited use of the Service, including any violation of §12 (acceptable use); or (f) your publication, display, or other use of a customer testimonial or photo (§9A). This obligation excludes losses to the extent caused by PatronPen’s gross negligence or willful misconduct.

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.

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 update these Terms from time to time. Material changes will be communicated by email to the account holder and by a notice inside the app before they take effect. Continued use after a change takes effect means you accept the updated Terms. Changes apply prospectively only — they do not apply retroactively to a dispute that arose before the change took effect.

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 remedy that would be available in court and that cannot lawfully be waived.

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.

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, and you and PatronPen each waive the right to a jury trial in those proceedings.

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 or discontinuation affecting paying customers.

Assignment. You may not assign or transfer these Terms, or your account, without PatronPen’s prior written consent. PatronPen may assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets, or to an affiliate, without your consent.

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 and the subprocessor list), 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.

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.