These Terms and Conditions ("Terms") govern your access to and use of the website located at https://www.penguindata.com and any related pages (the "Site"), operated by PenguinData Workforce Management, Inc. ("PenguinData," "we," "us," or "our").
These Terms apply to this website only. Use of the PenguinData software platform and related services is governed by the separate written agreement between PenguinData and each client. If these Terms conflict with that agreement, the agreement controls.
Please read these Terms carefully. By accessing or using the Site, you agree to be bound by them. If you do not agree, please do not use the Site.
1. Use of the Site
You may use the Site for lawful purposes, such as learning about PenguinData and our products, reading our content, and contacting us. You agree not to:
- Use the Site in any way that violates any applicable law or regulation;
- Attempt to gain unauthorized access to the Site, its servers, or any connected systems or networks;
- Introduce viruses, malware, or other harmful code, or interfere with the proper operation of the Site;
- Use automated tools such as bots, scrapers, or crawlers to copy or collect content from the Site, other than standard search engine indexing;
- Submit false or misleading information, or impersonate any person or organization; or
- Use the Site to send unsolicited advertising or spam.
We may suspend or restrict access to the Site at any time, for any reason, without notice.
2. Intellectual Property
The Site and its content, including text, graphics, logos, images, design, and software, are owned by or licensed to PenguinData and are protected by copyright, trademark, and other intellectual property laws. "PenguinData" and our logos are trademarks of PenguinData Workforce Management, Inc.
You may view and print pages from the Site for your own personal or internal business reference. You may not otherwise copy, reproduce, modify, distribute, publicly display, or create derivative works from any part of the Site without our prior written permission. Nothing on the Site grants you a license to use any of our trademarks.
3. Information You Submit
When you submit information through the Site, such as through a contact form, demo request, or newsletter sign-up, you agree that the information is accurate and that you have the right to provide it. We will handle personal information as described in our Privacy Policy.
If you send us feedback, ideas, or suggestions, you agree that we may use them without restriction or compensation to you.
4. Privacy
Your use of the Site is also subject to our Privacy Policy, which explains how we collect, use, and share information, including through cookies and similar technologies.
5. Third-Party Links and Services
The Site may contain links to third-party websites and may use third-party services, such as forms, analytics, and embedded content. We do not control and are not responsible for the content, policies, or practices of any third party. Your use of third-party websites and services is at your own risk and subject to their own terms.
6. Site Content Is for Information Only
Content on the Site, including blog articles, guides, product descriptions, and statistics, is provided for general information only. It is not legal, financial, tax, payroll, or other professional advice, and you should not rely on it as such. Product features, availability, and pricing described on the Site may change without notice and do not form part of any contract unless included in a written agreement with PenguinData.
7. Disclaimer of Warranties
THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY CONTENT IS ACCURATE, COMPLETE, OR CURRENT.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, PENGUINDATA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100).
Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you. This section does not limit any liability under a separate written agreement between you and PenguinData.
9. Indemnification
You agree to indemnify and hold harmless PenguinData and its officers, directors, employees, and agents from any claims, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of your misuse of the Site or your violation of these Terms.
10. Governing Law
These Terms are governed by the laws of the State of Texas, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the Site will be brought exclusively in the state or federal courts located in Dallas County, Texas, and you consent to the jurisdiction of those courts.
11. Changes to These Terms
We may update these Terms from time to time. When we do, we will change the "Last updated" date at the top of this page. Your continued use of the Site after any change means you accept the updated Terms.
12. General
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect. Our failure to enforce any right or provision is not a waiver of that right or provision. These Terms, together with our Privacy Policy, are the entire agreement between you and PenguinData regarding your use of the Site.
13. Contact Us
If you have questions about these Terms, please email us at support@penguindata.com, call +1 877-973-6484, or write to us at:
PenguinData Workforce Management, Inc.1485 Richardson Dr
Richardson, TX 75080
United States