Terms Of Use

This service is intended to have everyone smiling at the mailbox. The actions individual Subscribers take can have a big impact on our system as a whole. That’s why all Subscribers must follow this Policy in their use of Pen Pal Life and any other services we may offer, like Pen Pal Shake, The Random Letter Project, Share Your Story, Pen Pal Love or Pen Pal Work. If you violate this policy, we may suspend or terminate your subscriptions and ban you from subscribing in the future. We may also suspend or terminate your subscription where we see behavior, content, or other factors that pose a threat to our service.

 

Prohibited Content

Please don’t use Pen Pal Life to distribute anything offensive, to promote anything illegal, or to harass anyone. You may not use Pen Pal Life to create, send, or display:

• Letters offering to sell illegal goods or services

• Pornography/sexually explicit content

• Campaigns promoting or supporting terrorism or violent extremism

• Child trafficking or other inappropriate content directed towards children

Prohibited Actions

We work hard to maintain a positive reputation as a company, but we rely on our members to uphold our standards as well.

You may not:

• Share any explicit form of personally identifiable information in your letters. This includes: phone numbers, home/work addresses, email addresses, etc.

• We also ask that any misleading information not be shared in the letters

• Use any of the Software or otherwise to create a competing product or company

 

 

1. Eligibility

In order to use the Service, you must:

1. be at least eighteen (18) years old or have parental/guardian approval; by submitting a letter you are declaring that you have consent by a parent to share the content included in the letter.

2. ​provide true, complete, and up-to-date contact and billing information;

3. not be based in Iran, North Korea, Syria, Crimean region of Ukraine or any other territory that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist-supporting” country; and

4. not be listed on any U.S. government list of prohibited or restricted persons.

By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise.

Pen Pal Life may refuse service, close accounts of any Members, and change eligibility requirements at any time.

 

2. Term

When you subscribe or fill out the Match Form and agree to these Terms, the Agreement between you and Pen Pal Life is formed, and the term of the Agreement (the “Term”) will begin. The Term will continue for as long as you are subscribed to Pen Pal Life or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. If you subscribe or participate in a program on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf.

 

3. Cancelling your Subscription

You or Pen Pal Life may terminate the Agreement at any time and for any reason by terminating your Pen Pal Life account. We may suspend the Service to you at any time, with or without cause. If we terminate your account without cause, we’ll refund a prorated portion of your subscription. We won’t refund or reimburse you in any other situation, including if your account is suspended or terminated for cause, such as for a breach or violation of the Agreement. If your account is inactive for 24 or more months, we may terminate your account and you won’t be entitled to a refund for a prepaid month or reimbursement for unused services. Once your account is terminated, you acknowledge and agree that we may permanently delete your account and all the data associated with it.

 

4. Changes

We may change any of the Terms by posting revised Terms on our Pen Pal Life website. Unless you terminate your account, the new Terms will be effective immediately upon posting and apply to any continued or new use of the Service. We may change the Service, or any features of the Service at any time, and we may discontinue the Service or any features of the Service at any time.

 

5. Account and Password

You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to and any activity occurring in such account (other than activity that Pen Pal Life is directly responsible for that isn’t performed in accordance with your instructions), whether or not you authorized that activity. You’ll immediately notify us of any unauthorized access or use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only provide you with instructions on how to reset your password. We have the right to update any of your contact information in your account for billing purposes. In addition, you represent and warrant that all information you provide to us when you establish an account, and when you access and use the Service, is and will remain complete and accurate.

 

6. Account Disputes

We don’t know the nature of your personal relationships. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party. We decide who owns an account based on a number of factors, including the content in that account, and the contact and profile information listed for that account. In cases where differing contact and profile information is present or we are unable to reasonably determine ownership, we’ll require you to resolve the matter through proper channels outside of Pen Pal Life.

When a dispute is identified, we may suspend any account associated with the dispute, including stopping the transfer of letters between the two parties. To protect the security and privacy of the data held within the account until the dispute is properly resolved.

 

Payment

7. Paid Subscriptions

When you sign up for a Monthly or Annual Subscriptions, you agree to monthly or Annually recurring billing, starting on the date you sign up. Billing occurs on the same day each month, based on the date that you started your Monthly Plan. Payments are due for any month on the same or closest date to the day you made your first monthly payment (the “Pay Date”). If any part of a month is included in the Term, then payment is required for the full month. Billing for Monthly Subscriptions may be paused, and you may choose to close your account permanently at any time.

 

 

8. Refunds

At this time, we don’t provide refunds for payments. You won’t be entitled to a refund or credit from us under any other circumstances. We may, at our sole discretion, offer a refund, discount or credit.

 

9. Billing Changes

We may change our fees, including our charges for Monthly or Annual Subscriptions at any time by posting a new pricing structure to our Pen Pal Life Site or sending you a notification by email. Quoted fees don’t include sales or other transaction-based taxes of any kind.

 

Rights

10. Feedback and Proprietary Rights

We own all proprietary rights in the Service, including, but not limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property rights. You will respect our proprietary rights in the Service, and you may only use our brand assets as advised by Pen Pal Life leadership.

You represent and warrant that you either own or have permission to use all of the material, content, data, and information (including your personal information and the personal information of others) you send in the letters sent through the Pen Pal Life process in the course of using the Service or which Pen Pal Life retrieves or accesses at your direction or with your permission (“Content”). You retain ownership of the Content that you add to your account. We may use or disclose your Content (including any personal information therein) only as described in these Terms, our Privacy Policy and Cookie Statement.

You may provide or we may ask you to provide suggestions, comments, input or other feedback (“Feedback”) regarding the Service. If you provide us with any Feedback, then you grant us a royalty-free, non-exclusive, worldwide, sublicensable, and transferable license to use, reproduce, publicly display, distribute, modify, and publicly perform the Feedback as we see fit. Any Feedback you choose to provide is given entirely voluntarily. You understand that you will not receive any compensation for your Feedback, and that we may use any Feedback you provide to improve the Service or to develop new features and services.

11. Privacy Policy

Your privacy is important to us. Please read our Privacy Policy and Cookie Statement for information regarding how we collect, use, and disclose your Content and personal information and protect your privacy when you use the Service.

 

Rules and Abuse

12. General Rules

By agreeing to these Terms, you promise to follow all rules and agree to comply with our Prohibited Content Guidelines which forms part of these Terms.

Pen Pal Life doesn’t allow pen pals that promote or incite harm toward others or that promote discriminatory, hateful, or harassing Content. To this end, we may suspend or terminate your account if we are notified that you distribute any Content that we determine, in our sole discretion, contains either of the following:

• A Threat of Physical Harm. This means any statement, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others.

• Hateful Content. This means any statement, image, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status.

We also may suspend or terminate your subscription if we determine, in our sole discretion, that you are either:

• an organization that has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content or A Threat of Physical Harm;

• a person that has publicly made a comment or statement, or otherwise publicly made known a position, including by membership in an organization as discussed above, that could be reasonably perceived as Hateful Content or A Threat of Physical Harm; or

• a person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Content or A Threat of Physical Harm.

If you violate any of these rules, then we may suspend or terminate your subscription.

​

13. Reporting Abuse

If you think anyone is violating any of these Terms, please notify us immediately. If you think anyone has posted material that violates any protected marks or copyrights, then you can notify us via the contact form on our website.

 

 

Liability

14. Limitation of Liability

To the maximum extent permitted by law, you acknowledge and agree that (i) you assume full responsibility for any loss that results from your use of the Service, and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages; and (iii) in any calendar month, our total liability to you arising under or in connection with the Agreement—whether in contract, tort (including negligence), breach of statutory duty, or otherwise—will be no more than what you paid us for the Subscription the preceding month.

For the avoidance of doubt, in no instance will we or our Team be liable for any losses or damages you suffer if you use the Service in violation of these Terms, regardless of whether we terminate or suspend your account due to such violation.

15. No Warranties

To the maximum extent permitted by law, we provide the Service as-is. This means that, except as expressly stated in these Terms, we don’t provide warranties, conditions, or undertakings of any kind in relation to the Service, either express or implied. This includes, but isn’t limited to, warranties of merchantability and fitness for a particular purpose, which are, to the fullest extent permitted by law, excluded from the Agreement. Since Members use the Service for a variety of reasons, we can’t guarantee that it’ll meet your specific needs.

 

16. Indemnity

You agree to indemnify and hold us and our Team harmless from any losses, including legal fees and expenses that directly or indirectly result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including legal fees and expenses, that directly or indirectly result from (i) your Content, (ii) your use of the Service, (iii) your violation of any laws or regulations, (iv) third-party claims that you or someone using your password did something that, if true, would violate any of these Terms, (v) any misrepresentations made by you, or (vi) a breach of any representations or warranties you’ve made to us.

 

17. Equitable Relief

Your violation of these Terms may cause irreparable harm to us and our Team. Therefore, we have the right to seek injunctive relief or other equitable relief if you violate these Terms (meaning we may request a court order to stop you).

 

18. Subpoena Fees

If we have to provide information in response to a subpoena, court order, or other legal, governmental, or regulatory inquiry related to your subscription, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.

 

19. Disclaimers

We and our Team aren’t responsible for the behavior of any third parties, agencies, linked websites, or other Members, including third-party applications, products, or services for use in connection with the Service (each, a “Third-Party Integration”).

 

Other Important Stuff

20. Assignments

You may not assign any of your rights under this Agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

 

21. Choice of Law

The State of Arizona’s laws, except for conflict of laws rules, will apply to any dispute related to the Agreement or the Service. You acknowledge and agree that any dispute related to the Agreement or the Service itself will be decided by the state or federal courts in Maricopa County, Arizona, and each party consents to personal jurisdiction in those courts.

 

22. Force Majeure

We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of god, changes to law or regulations, changes to USPS shipping, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers.

 

23. Survivability

Even if this Agreement is terminated, the following sections will continue to apply: Feedback and Proprietary Rights, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.

 

24. Severability

If it turns out that a section of these Terms isn’t enforceable, then that section will be removed or edited as little as required, and the rest of the Agreement will still be valid.

 

25. Waiver

If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.

 

26. No Changes in Terms at Request of Member

Because we have so many Subscribers, we can’t change these Terms for any one Subscriber or group.

 

27. Further Actions

You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.

 

28. Notification of Security Incident

If we become aware of a security incident related to our systems or databases that contain personal information of you or your contacts, we’ll notify you if required by law. In that event, we’ll also provide you with information about that incident so that you can evaluate the consequences to you and any legal or regulatory requirements that may apply to you, unless we’re prevented from doing so by legal, security or confidentiality obligations. Notifying you of a security incident or cooperating with you to respond to one will not be deemed an acknowledgement or assumption of any liability or fault of Pen Pal Life for such incident.

 

29. Notices

Any notice to you will be effective when we send it to the last email or physical address you gave us or when posted on Pen Pal Life Contact Us form, Pen Pal Life Match Form (Typeform) or Subscription form. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn. Legal Department, Pen Pal Life, LLC 6929 N Hayden Road C4 #502, Scottsdale, AZ 85250, or any addresses as we may later post on the Pen Pal Life Site.

 

30. Entire Agreement

These Terms make up the entire agreement between us in relation to its subject matter and supersede all prior agreements, representations, and understandings.

 

Yippee! You’ve reached the end.

 

Thanks for taking the time to learn about Pen Pal Life’s policies.

 

Updated as of September 13, 2020