End User License Agreement

Penguin Tree AI — End User License Agreement

Version 1.0

Effective Date: 22 May 2026

This End User License Agreement (“EULA”) is between Penguin Tree AI (“Penguin Tree AI”, “we”, “us”) and the person or entity purchasing a Product from penguintree.ai (“you”, “your”). By purchasing, downloading, or using any Product, you agree to this EULA. This EULA supplements the Penguin Tree AI Terms of Service available at penguintree.ai/policies/terms-of-service. In the event of a conflict between this EULA and the Terms of Service with respect to your use of Products, this EULA controls.

1. Definitions

1.1 “Product” — any prompt file, skill file, agent configuration, bundle, or related content offered for sale on penguintree.ai, including all documentation, examples, and metadata included in the purchase.

1.2 “Creator” — the third-party author who created a Product and licensed it to Penguin Tree AI for sale.

1.3 “Your Output” — the content generated by an AI model when you run a Product, edit a Product, or use a Product as input.

2. License Grant

2.1 License. Subject to your compliance with this EULA, Penguin Tree AI grants you a perpetual, worldwide, non-exclusive, non-transferable, non-sublicensable license to use each Product you purchase for your own personal or internal business purposes, including:

  • Downloading and storing the Product on devices you own or control;

  • Running the Product as input to AI models you have lawful access to (e.g., Claude, ChatGPT, Gemini);

  • Modifying the Product for your own internal use;

  • Sharing the Product internally with employees, contractors, or team members of your business, provided that each such individual uses it only for the business’s internal purposes and your business remains responsible for their compliance with this EULA.

2.2 Your Output. Penguin Tree AI does not claim any ownership of Your Output. Subject to the terms of the AI model provider whose service you used to generate it, Your Output is yours. You are responsible for evaluating Your Output for accuracy, legality, and fitness for your purpose before using it.

2.3 Reservation of Rights. All rights not expressly granted in this EULA are reserved by Penguin Tree AI and the Creator. The Product is licensed, not sold.

3. Restrictions

You may not, and you may not permit any third party to:

  • Resell, redistribute, or sublicense the Product, in whole or in substantial part, whether for free or for consideration, on any marketplace, in any bundle, or in any other form.

  • Publicly post or publish the substantive content of the Product on any public website, repository, social media platform, file-sharing service, AI prompt marketplace, or comparable channel. (Sharing high-level descriptions, screenshots of Your Output, or your own experience using the Product is permitted.)

  • Use the Product to create a competing product for sale on another prompt or skill marketplace. Using a Product as inspiration to write your own prompts on different topics is permitted; copying or substantially derivative repackaging is not.

  • Remove or alter attribution, copyright notices, or watermarks contained in the Product.

  • Use the Product to train, fine-tune, or build datasets for any machine-learning model. The license in Section 2.1 does not include training rights.

  • Use the Product for unlawful purposes or in violation of the Creator Content Policy or any applicable AI model provider’s terms of service.

4. Refunds

4.1 Refund eligibility is governed by the Penguin Tree AI Refund Policy available at penguintree.ai/policies/refund-policy. Because Products are digital goods delivered immediately upon purchase, refunds are generally limited; please review the Refund Policy carefully before purchase.

4.2 If you receive a refund or initiate a chargeback for a Product, your license under Section 2 terminates as of the date of refund or chargeback, and you must promptly delete all copies of the Product in your possession or control.

5. Intellectual Property

5.1 Each Product is owned by its Creator and licensed to Penguin Tree AI, which sublicenses it to you under this EULA. Penguin Tree AI owns the trademarks, branding, and compilation of the Platform itself.

5.2 DMCA notices. If you believe a Product infringes your copyright, please submit a notice under the Digital Millennium Copyright Act to dmca@penguintree.ai including: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the allegedly infringing Product, including a link or product ID; (d) your contact information; (e) a statement that you have a good-faith belief that the use is not authorized; and (f) a statement, under penalty of perjury, that the information is accurate and that you are the owner or are authorized to act on the owner’s behalf. Penguin Tree AI will respond to valid notices in accordance with applicable law and will accept counter-notices from Creators where appropriate.

6. Disclaimers

6.1 AS-IS. PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR THAT PRODUCTS WILL PRODUCE ANY PARTICULAR OUTPUT. AI MODELS ARE NON-DETERMINISTIC; THE SAME PRODUCT MAY PRODUCE DIFFERENT OUTPUTS ON DIFFERENT RUNS, ON DIFFERENT MODELS, OR AT DIFFERENT TIMES.

6.2 No professional advice. Products and Your Output are not a substitute for professional advice. Products that touch on legal, medical, psychiatric, financial, accounting, tax, or other regulated subject matter are educational tools only. You should engage a qualified, licensed professional before acting on any output.

6.3 Third-party AI model providers. Penguin Tree AI is not affiliated with, endorsed by, or sponsored by any third-party AI model provider (such as Anthropic, OpenAI, or Google). Your use of any third-party AI model is governed by that provider’s terms.

7. Limitation of Liability

7.1 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PENGUIN TREE AI, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OR CREATORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE PRODUCT OR THIS EULA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.2 PENGUIN TREE AI’S AGGREGATE LIABILITY UNDER THIS EULA WITH RESPECT TO ANY PRODUCT WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THAT PRODUCT OR (B) FIFTY U.S. DOLLARS (US$50).

7.3 Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions, the foregoing limitations apply to the maximum extent permitted.

8. Termination

8.1 This EULA continues until terminated. Penguin Tree AI may terminate your license under Section 2 immediately if you materially breach this EULA (including violating Section 3 (Restrictions)).

8.2 Upon termination, you must stop using and promptly delete all copies of the affected Product in your possession or control. Sections 5 (Intellectual Property), 6 (Disclaimers), 7 (Limitation of Liability), 9 (Governing Law), and 10 (Miscellaneous) survive termination.

9. Governing Law and Disputes

9.1 This EULA is governed by the laws of the State of California, without regard to conflict-of-laws principles.

9.2 Any dispute arising out of or related to this EULA will be resolved as set forth in the Penguin Tree AI Terms of Service. Penguin Tree AI may seek injunctive or other equitable relief in court for intellectual property matters without first proceeding to any alternative dispute resolution.

9.3 Class action waiver. To the extent permitted by law, you waive any right to participate as a representative or member of a class, collective, or representative action against Penguin Tree AI or any Creator with respect to claims arising under this EULA.

10. Miscellaneous

10.1 Updates. Penguin Tree AI may update this EULA from time to time. The version of the EULA in effect on the date of your purchase governs that Product, except where a later update materially benefits you or is required by law.

10.2 Assignment. You may not assign this EULA. Penguin Tree AI may assign this EULA in connection with a merger, acquisition, sale of assets, or formation of a successor entity.

10.3 Severability. If any provision is unenforceable, the remainder remains in effect.

10.4 Entire Agreement. This EULA, together with the Terms of Service, the Refund Policy, and the Privacy Policy, is the entire agreement between you and Penguin Tree AI regarding the Products.

10.5 Contact. Questions about this EULA: hello@penguintree.ai. DMCA notices: dmca@penguintree.ai.

By purchasing, downloading, or using any Product, you acknowledge that you have read, understood, and agree to this EULA.