Penguin Tree AI — Terms of Service

Version 2.0 

Effective Date: 25 May 2026

Overview

Welcome to Penguin Tree AI! The terms “we”, “us” and “our” refer to Penguin Tree AI. Penguin Tree AI operates this store and website, including all related information, content, features, tools, products and services in order to provide you with a curated shopping experience (the “Services”). Penguin Tree AI is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service (“Terms”), together with any policies referenced herein, describe your rights and responsibilities when you use the Services. Please read these Terms carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers, limitations of liability, binding arbitration, and a class action waiver. By visiting, interacting with or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you should not use or access our Services.

Related agreements. These Terms work together with several related agreements:

• The Penguin Tree AI Privacy Policy governs how we collect, use, and disclose your personal information.

• The Penguin Tree AI End User License Agreement (“EULA”) governs your purchase and use of digital products sold on the Services.

• The Penguin Tree AI Refund Policy governs refund eligibility for purchases.

• The Penguin Tree AI Creator Submission Agreement and Creator Content Policy govern your participation as a Creator if you submit prompts, skill files, agent configurations, or related content for sale on the Services.

Conflict-of-terms rule. Where these Terms and one of the related agreements address the same subject, the more specific agreement controls within its scope. Specifically: the EULA controls customer use of purchased Products; the Creator Submission Agreement controls Creator rights and obligations; the Refund Policy controls refund eligibility; the Privacy Policy controls personal information processing.

Section 1 — Access and Account

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current, and complete, and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign, or license your account to any other person.

Section 2 — Our Products

Penguin Tree AI sells digital products including AI prompts, skill files, agent configurations, bundles, and related content (collectively, “Products”). Some Products are created by Penguin Tree AI; others are created by third-party Creators and licensed to Penguin Tree AI for sale under the Creator Submission Agreement. Your use of any purchased Product is governed by the End User License Agreement.

We have made every effort to provide an accurate representation of our Products in our online stores. However, Products are non-deterministic in use — AI models may produce different outputs when given the same Product on different runs, on different models, or at different times. We do not warrant that any Product will produce any particular output. All descriptions of Products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any Product at any time and may limit the quantities of any Products that we offer to any person, geographic region, or jurisdiction, on a case-by-case basis.

Section 3 — Orders and Use of Products

When you place an order, you are making an offer to purchase. Penguin Tree AI reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Penguin Tree AI confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Penguin Tree AI may be unable to accommodate cancellation requests after an order is accepted.

In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, or phone number provided at the time the order was made.

Your purchases are subject to return or refund solely in accordance with our Refund Policy. Your use of any purchased Product is subject to the End User License Agreement, which grants a license for your own personal use or your business’s internal use, and prohibits resale, redistribution, and public sharing of the Product.

Customer use representations. You represent and warrant that your purchases are for your own personal use or your business’s internal use, in accordance with the End User License Agreement, and not for resale, redistribution, or sublicensing.

Section 4 — Prices and Billing

Prices, discounts, and promotions are subject to change without notice. The price charged for a Product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include applicable taxes.

Prices posted in our online stores may differ from prices offered in any other channel. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our stores. You agree to promptly update your account information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honored by your payment provider, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes.

Section 5 — Digital Delivery

Products are digital files delivered electronically following successful payment. We are not responsible for delivery delays caused by your email provider, network connection, or other factors outside our control. If you do not receive your Product within a reasonable time after purchase, please contact us at hello@penguintree.ai and we will assist with delivery.

Some Products may, from time to time, be sold alongside physical merchandise. Where physical merchandise is included in an order, shipping and delivery terms for the physical portion of the order are addressed in the Refund Policy. We are not liable for shipping carrier delays, customs processing, or events outside our control.

Section 6 — Intellectual Property

Our Services, including but not limited to all trademarks, brand assets, text, displays, images, graphics, designs, layouts, and the selection and arrangement thereof, are owned by Penguin Tree AI, its affiliates, or its licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws, except that prompts, skill files, agent configurations, and related content submitted by Creators under the Penguin Tree AI Creator Submission Agreement remain the property of the respective Creators and are licensed to Penguin Tree AI under the terms of that Agreement.

Your license to use the Services. These Terms permit you to use the Services for your personal, non-commercial browsing and for the use of Products you have purchased as set forth in the End User License Agreement. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download (except as part of an order you have purchased), store, or transmit any of the material on the Services without our prior written consent.

Except as expressly provided herein or in the End User License Agreement, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Penguin Tree AI, Shopify, any Creator, or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved.

Penguin Tree AI’s names, logos, product and service names, designs, and slogans are trademarks of Penguin Tree AI or its affiliates or licensors. You must not use such trademarks without the prior written permission of Penguin Tree AI. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

Section 7 — Optional Tools

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control over. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms.

Section 8 — Third-Party Links and AI Model Providers

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk. We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

Third-party AI model providers. Products sold on Penguin Tree AI are designed for use with third-party AI models such as Anthropic Claude, OpenAI ChatGPT, and Google Gemini. Penguin Tree AI is not affiliated with, endorsed by, or sponsored by any third-party AI model provider. Your use of any third-party AI model is governed by that provider’s terms of service and privacy policy. We do not warrant that any Product will function as expected on any particular AI model, that any AI model will produce any particular output, or that any AI model will continue to be available.

Section 9 — Relationship with Shopify

[NOTE TO MERCHANT: This section accurately characterizes Shopify’s relationship with your store and should not be removed or modified.]

Penguin Tree AI is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Penguin Tree AI. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Penguin Tree AI, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Penguin Tree AI.

Section 10 — Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed at penguintree.ai/policies/privacy-policy, and certain personal information may be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.

Section 11 — Feedback

Scope of this Section. This Section 11 does not apply to prompts, skill files, agent configurations, or related content submitted by Creators under the Penguin Tree AI Creator Submission Agreement, which are governed exclusively by that Agreement. This Section 11 applies only to general feedback, suggestions, product reviews, and similar communications from users of the Services.

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve, and promote the Services and to perform our obligations and exercise our rights under these Terms.

You represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.

We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms. You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene content, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

Section 12 — Errors, Inaccuracies, and Omissions

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, or availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

Section 13 — Prohibited Uses

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Penguin Tree AI, Shopify, or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the Services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, or AI tools (such as agentic AI) for the purpose of scraping, bulk extraction, or evading rate limits; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services. Normal browsing of the Services with the assistance of an AI agent operating in accordance with Section 14 (Agents) is permitted.

We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

Section 14 — Agents

14.1 This section (“Agent Terms”) applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. “Agent” means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person’s device, without direct supervision.

14.2 No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.

14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with the Services.

14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request’s user agent string: “Agent/[agent name]”; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans; (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer; and (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

Section 15 — Termination

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. The following sections will continue to apply following any termination: Section 6 (Intellectual Property), Section 10 (Privacy Policy), Section 11 (Feedback), Section 15 (Termination), Section 16 (Disclaimer of Warranties), Section 17 (Limitation of Liability), Section 18 (Indemnification), Section 19 (Severability), Section 20 (Waiver; Entire Agreement), Section 21 (Assignment), Section 22 (Governing Law and Disputes), and any other provisions that by their nature should survive termination.

Section 16 — Disclaimer of Warranties

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

EXCEPT AS EXPRESSLY STATED BY PENGUIN TREE AI, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT ANY PRODUCT WILL PRODUCE ANY PARTICULAR OUTPUT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

No professional advice. Products and any outputs generated using Products 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.

Section 17 — Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL PENGUIN TREE AI, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

FOR PURCHASES OF SPECIFIC PRODUCTS, OUR AGGREGATE LIABILITY IS FURTHER LIMITED AS SET FORTH IN THE END USER LICENSE AGREEMENT.

Section 18 — Indemnification

You agree to indemnify, defend, and hold harmless Penguin Tree AI, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services. We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

Section 19 — Severability

In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms; such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 20 — Waiver; Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this site or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Section 21 — Assignment

You may not delegate, transfer, or assign these Terms or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you, including in connection with a merger, acquisition, sale of assets, or formation of a successor entity.

Section 22 — Governing Law and Disputes

Governing law. These Terms are governed by the laws of the State of California, without regard to conflict-of-laws principles.

Binding arbitration. Any dispute arising out of or related to these Terms or your use of the Services will be resolved by binding arbitration in Lake County, California under the Commercial Arbitration Rules of the American Arbitration Association (AAA), and, where applicable, the AAA Consumer-Related Disputes Supplementary Procedures, except that either party may seek injunctive or other equitable relief in court for intellectual property matters without first proceeding to arbitration.

Class action waiver. Each party waives any right to participate as a representative or member of a class, collective, or representative action against the other party. Disputes must be brought in an individual capacity only, and the arbitrator may not consolidate the claims of multiple parties or preside over any form of representative or class proceeding. Nothing in this Section limits a party’s right to seek public injunctive relief to the extent such right cannot be waived under applicable law.

Good-faith negotiation. Before initiating arbitration, the parties will first attempt to resolve any dispute by good-faith negotiation. Either party may initiate this process by sending written notice to the other party describing the dispute.

Section 23 — Headings

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 24 — Changes to Terms of Service

You can review the most current version of these Terms at any time on this page. We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms constitutes acceptance of those changes.

Section 25 — Contact Information

Questions about these Terms should be sent to us at hello@penguintree.ai.

Our contact information is below:

Penguin Tree AI

hello@penguintree.ai

PO Box 101

Cobb, CA 95426