These Terms of Use are an agreement between you and Bhagyalakshmi S, a sole proprietor in India trading as Pengo ("Pengo", "we", "us" or "our"), covering trypengo.com, the product at app.trypengo.com, our MCP and API endpoints and everything reachable through them (together, the "Service"). By using the Service you accept these terms. If you are accepting them for a company, you are telling us you may bind that company, and "you" means the company.
Who this is for
Pengo is sold to businesses and to people acting in the course of a business, and everything below is written on that basis, the liability limits and the disclaimers and the arbitration clause in particular. If you are buying as a consumer, the statutory rights your own country gives you are not affected by anything here, and where they conflict with a clause below, they win.
Consumers in the European Union and the United Kingdom have a 14-day right to withdraw from a distance contract. Pengo starts work the moment you press a research button, so by pressing it you ask us to begin during that period and accept that the right to withdraw is lost for work already delivered. Unspent credits and an unstarted subscription period are refundable within those 14 days.
Your account
- You must be at least 18 and able to enter a contract.
- The details you register with must be accurate, and you must keep them so.
- You are responsible for everything done under your account and for keeping its credentials secure. Tell us at once if you think somebody else has them.
- One account is for one person or one organisation. Sharing credentials so that several people work under one seat is not permitted.
What you may do with the Service
We grant you a limited, revocable, non-exclusive, non-transferable licence to use the Service for your own business purposes for as long as this agreement lasts, subject to the restrictions below. That includes using what the research finds, the directories and profiles and scores and rosters your account has paid for, in your own sales work, inside your own organisation.
What you may not do
- Resell, sublicense, syndicate or publish the research output as a dataset, directory or product of its own, or otherwise make it available to anybody outside your organisation as a substitute for their own subscription.
- Use the Service to build or train a competing product, or to benchmark it for one, without our written permission.
- Reverse engineer, decompile or attempt to derive the source of the Service, or extract the prompts, models or pricing logic behind it.
- Circumvent any limit the Service applies, whether a rate limit, a credit balance, a daily spend cap, a plan entitlement or a paywall, or access data belonging to another account.
- Automate access other than through the MCP and API endpoints we provide, or run scrapers against the product.
- Use the Service unlawfully, to infringe anybody's rights, or to send unsolicited communications in breach of the law that applies to you.
- Interfere with the Service's operation or security, or with anybody else's use of it.
Credits, plans and payment
- How you are charged
- Research is metered in credits. Every pass is quoted before you press it and the quote is the ceiling of what that press can charge. See Pricing for the plans and packs. A plan grants an allowance each period; a pack grants a balance that carries over from period to period and stays spendable for 12 months from the day it is bought. Allowance is spent before purchased balance, and the oldest pack before a newer one, because the allowance expires first and the older pack next.
- Who takes the payment
- Payments are processed by our merchant of record, Dodo Payments, under its own terms.
- Tax
- Dodo Payments is the merchant of record, which means Dodo Payments sells to you, and Dodo Payments calculates, collects and remits sales tax, VAT and GST where they apply. The price you see at checkout is what Dodo Payments charges; any tax invoice comes from them.
- Refunds
- Credits are consumed as work is done and are not refundable once spent. A pass that establishes nothing releases its reservation in full and is not charged. If you believe you were charged for work you did not get, write to us and we will look at the ledger with you.
- Changes to prices
- We may change prices and credit rates. A change takes effect at your next renewal or on your next purchase, never retroactively on credits you already hold.
- Cancelling
- You can cancel at any time and your plan runs to the end of the period you have paid for. Unused allowance does not carry over.
What the research is
Pengo reads pages other people publish, exhibitor directories and company websites and conference agendas, and reports what they say, with the source of each fact beside it. Scores are the product's assessment of fit against the description of your buyer that you wrote, and they are advisory.
So: the output can be incomplete, out of date, or wrong, because the pages it read can be. It is a research aid and not a warranty about any company, any person, or any event. Decisions you make on it are yours, whether that is travel, a stand booking or who to approach. Check anything that matters before you spend money on it.
Your content, and the contacts you export
What you put into the Service stays yours: your description of your buyer, your notes, your marks on a floor plan. You grant us the licence we need to host, process and display it in order to run the Service for you, and nothing more. We do not use it to train models, and it is deleted with your account.
One thing about your content is worth saying here as well as in the Privacy Policy, because the assumption runs the other way: the Ask AI panel answers about the screen you are looking at, so the rows on that screen go to the model, and the notes you typed on those rows go with them. Your billing data and your credentials never do.
When you export contacts or push them into your CRM, you decide what leaves the Service and you become responsible for what happens next. You must have a lawful basis for holding and contacting those people, you must honour their objections, and you must follow the marketing and data protection law that applies where you and they are. Pengo does not send anybody email and has no feature that does.
Data protection
For most of what the Service holds we decide the purpose ourselves, which makes us the controller of it. For the content you put in and the contacts you push into your own CRM, you decide and we act on your instructions, which makes you the controller and us your processor. If you need a data processing agreement with the standard contractual clauses attached, write to hey@trypengo.com and we will sign one.
Third-party services
The Service connects to systems we do not run: CRMs you authorise, MCP clients you configure, the sites the research reads. Those connections are governed by their own terms and we are not responsible for what those systems do, what they charge, or whether they remain available. Authorising a connection means telling us to send your data there on your instruction.
Our intellectual property, and your feedback
The Service, its software, design, text and the arrangement of what it presents are ours or our licensors', and nothing here transfers ownership of them. Facts the research reads from public pages are not ours; the collection, the scoring and the presentation are.
If you send us feedback, ideas or suggestions, we may use them without restriction and without owing you anything. This is not us claiming your business data. It is so that a good suggestion can be built without a negotiation.
Changing and discontinuing the Service
We may change, add to or discontinue parts of the Service. Where a change materially reduces something you paid for, we will tell you and, if you ask, refund the unused part of what you paid for it.
Suspension and termination
You can stop using the Service at any time and delete your account. We may suspend or end your access if you breach these terms, if your use threatens the Service or another customer, or if the law requires it, with notice where it is practical to give it. Ending the agreement does not refund credits already spent, and the sections on intellectual property, disclaimers, liability, indemnity and dispute resolution survive it.
Disclaimers
The Service is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty that the Service will be uninterrupted, error-free, or that the research output will be accurate, complete or current.
Limitation of liability
To the fullest extent the law allows, neither we nor our suppliers are liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data, business or goodwill, arising from your use of the Service, even if we were told such damages were possible. Our total liability for all claims relating to the Service is limited to the greater of the amount you paid us in the twelve months before the claim arose, or one hundred United States dollars.
Nothing here excludes liability that cannot lawfully be excluded, including liability for fraud, or for death or personal injury caused by negligence.
Indemnity
You will indemnify us against claims, losses and reasonable legal costs arising from your use of the Service in breach of these terms or of the law, including how you use contact details you exported, and any communication you send to somebody the Service named.
Accessibility
We build the Service against WCAG 2.1 AA and treat a failure to meet it as a defect rather than a preference. If something in the Service is unusable with a keyboard, a screen reader or reduced motion enabled, tell us and we will fix it.
Governing law and disputes
These terms are governed by the laws of India, without regard to conflict-of-laws rules.
Talk to us first. Almost everything is settled faster by an email to hey@trypengo.com than by a filing, and we will engage with any dispute in good faith for thirty days before either of us escalates it.
Any dispute that survives that is referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, before a sole arbitrator appointed by agreement between us. The seat and venue of arbitration is Bengaluru, Karnataka, India, and the proceedings are in English. Subject to that, the courts at Bengaluru, Karnataka have exclusive jurisdiction. Either of us may still ask a court for urgent interim relief.
General
- These terms and the Privacy Policy are the whole agreement between us about the Service, and replace anything said before.
- If a clause is unenforceable, the rest stays in force.
- Not enforcing a right once does not waive it.
- You may not assign this agreement without our consent. We may assign it as part of a merger, acquisition or sale of assets.
- Neither of us is liable for a failure caused by something outside our reasonable control.
Changes to these terms
We may update these terms. The effective date at the top says when the current version started applying, and we will tell you in the product or by email before a material change takes effect. Using the Service afterwards means the new terms apply to you; if you do not accept them, stop using the Service and cancel.
Contact
Questions about these terms go to hey@trypengo.com.