Terms of Service

Using Penguin Parade

• You must be at least 13 years old, or older if the law where you live requires it, to use Penguin Parade. If you're under 18, you need a parent or guardian's permission, and they agree to these terms for you.
• If you use Penguin Parade for a company or another organization, for example by setting up its teams and check-ins or connecting its tools, you agree to these terms on its behalf and confirm you're authorized to. "You" then includes that organization.
• You may not use Penguin Parade where the law, including US sanctions, forbids it.

Accounts

You use Penguin Parade with your Penguin HQ account. Your penguin, theme and time zone are saved to that account, so they follow you into every Penguin app. We don't send you reminders, digests or alerts until your account's email address is verified, which Penguin HQ does.

Signing up, signing in, keeping your account safe and what happens under it are covered by Penguin HQ's Terms of Service.

Companies

• Companies are made and managed in Penguin HQ, and its terms cover their members, roles and invitations. A company is the same in every Penguin app.
• In Penguin Parade, a company's owners and admins also manage its teams and holidays, how it asks for check-ins, and its connected tools. A team's leads can manage their team too.
• The company is responsible for how its members use Penguin Parade, and for the tools its owners and admins connect.

Check-ins and teams

Within a company, people are grouped into teams, and each team has its own check-in days. A check-in is one person's update, at one company, for one day: what they got done, what's next, what's in their way and how they're feeling, or that they're out. You can change or take back your own check-ins for 7 days.

Your check-ins can be seen by your company's owners and admins, and by anyone who can see one of your teams: everyone in the company for an open team, and only its members for a private one. So if you're on an open team, the whole company can see your check-ins, even if you're on a private team too. Goals can be seen by everyone in the company. If your company connects Slack, check-ins can also be posted to Slack channels, where anyone who can read the channel can see them. Think about who will see what you write before you write it.

Your content

"Your content" is what you and your company put into Penguin Parade, like names, check-ins, comments, goals and their updates, team names and the company's questions.

• You keep all your rights to your content.
• You give us a worldwide, non-exclusive, royalty-free license to host, store, copy, display and transmit your content, only as needed to run Penguin Parade for you and the people you share it with, including the features your company uses, like the daily digest, posting check-ins to Slack and team highlights. The license ends when your content is deleted, apart from copies that remain in backups for a limited time.
• You're responsible for your content, and confirm you have the rights you need to put it in Penguin Parade. We don't review content before it appears, but we may remove content that breaks these terms or the law.

Acceptable use

Don't use Penguin Parade to:

• break the law, or infringe anyone's rights, including their privacy and intellectual property;
• harass, threaten or abuse anyone;
• post content that's hateful, obscene or deceptive;
• send spam;
• spread malware, probe or test Penguin Parade's security, or get around its security or limits, unless we've agreed in writing;
• access it by automated means beyond normal use, scrape it, or put an unreasonable load on it;
• copy, modify or reverse engineer Penguin Parade, except where the law allows it despite this term;
• resell Penguin Parade, or offer it to others as a service;
• pretend to be someone else, or misrepresent your connection to a person or organization.

If you find a security problem, please tell us at cameron@webmatter.io.

Plans

A company's plan decides what it gets in Penguin Parade. Free has up to 2 teams and 30 days of history, and doesn't include goals, insights, custom questions, Slack or team highlights. One plan covers the company in every Penguin app.

Nothing is deleted when a company moves to a smaller plan, Free included: features the new plan doesn't have, like goals, and older check-in history are hidden until the company upgrades again. A company with more teams than its plan allows keeps them, but can't add more until it's back under.

Plans are bought and managed in Penguin HQ, and Penguin HQ's Terms of Service cover them: billing and renewal, trials, seats, prices, taxes, failed payments, canceling and refunds. Where a signed agreement with us, like an Enterprise contract, conflicts with these terms, the agreement wins.

Connected tools

• Companies on paid plans can connect Slack. Slack is run by another company, under its own terms. We're not responsible for it, or for changes on its side that stop the integration working.
• When an owner or admin connects Slack, they authorize Penguin Parade to post check-ins to the channels they pick for the company and its teams, as check-ins come in, and to edit or delete those posts when check-ins change or are taken back. A private team's check-ins only go to its own channel. A Slack workspace can be connected to one company at a time.
• Anyone who can read a channel in Slack can see what's posted there, so pick channels with that in mind. Disconnecting Slack removes Penguin Parade from the workspace, but posts already there stay.

Our rights in Penguin Parade

Penguin Parade, including its software, design, penguins and other art, and the Penguin Parade name and logo, belongs to us or our licensors. These terms let you use Penguin Parade as they describe, and give you no other rights in it.

If you send us ideas or feedback, we may use them without owing you anything.

Changes to Penguin Parade

We're always working on Penguin Parade, so we may add, change or remove features. We'll give reasonable notice before a change that significantly reduces what a paid plan includes. We sometimes let companies try features before they're released, and those may change or be withdrawn at any time.

We aim to keep Penguin Parade running smoothly, but it may sometimes be unavailable, and we don't promise any level of availability unless a signed agreement with us says so.

Suspension and termination

• You can stop using Penguin Parade at any time. Your account is Penguin HQ's: deleting it, which deletes it from every Penguin app, is covered by Penguin HQ's Terms of Service.
• We may suspend or end your access, or remove content, if you break these terms, if your use puts Penguin Parade, its users or others at risk, or if the law requires it. Where it's reasonable, we'll tell you first and give you a chance to put things right.
• If we stop offering Penguin Parade, we'll give at least 30 days' notice. What happens to a company's plan is covered by Penguin HQ's terms.
• Terms that by their nature should last beyond the end of this agreement will, including those on disclaimers, limitation of liability, indemnity and disputes.

Disclaimers

Penguin Parade is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranty that Penguin Parade will be uninterrupted, secure or free of errors. Team highlights are written by an AI model and can be wrong, so check them against the check-ins before relying on them. Some places don't allow these disclaimers, so they may not all apply to you.

Limitation of liability

To the fullest extent the law allows:

• we won't be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, even if we were told they were possible; and
• our total liability for all claims about Penguin Parade, Penguin HQ and the other Penguin apps, and their terms, taken together, is limited to the greater of what you paid us in the 12 months before the claim arose, or US$100. That's the same single limit as in Penguin HQ's terms, not added to it.

These limits apply whatever the legal theory. They don't limit liability that the law doesn't allow us to limit.

Indemnity

If you use Penguin Parade for a company or another organization, it will defend and indemnify us, and our owners, employees and agents, against any claims, losses and costs, including reasonable lawyers' fees, arising from its content, its use of Penguin Parade, or its breach of these terms.

Disputes and governing law

• The laws of the State of Texas govern these terms, without regard to conflict-of-laws rules.
• If you have a dispute with us, email cameron@webmatter.io first, and give us 30 days to try to resolve it informally.
• Any lawsuit must be brought in the state or federal courts located in Texas, and you and we agree to their jurisdiction. Either of us may bring a qualifying claim in small claims court instead.
• If you're a consumer in the European Union, the United Kingdom or another place whose law protects you in ways these terms can't change, you keep those protections, including the right to bring claims in your local courts.

Changes to these terms

We may update these terms from time to time. We'll post changes here with a new date at the top, and if a change materially affects you, we'll tell you by email or in the app before it takes effect. If you keep using Penguin Parade after that, you accept the new terms. If you don't accept them, stop using Penguin Parade.

General

• These terms, Penguin HQ's Terms of Service, our Privacy Policy and any signed agreement with us are the entire agreement between you and us about Penguin Parade. Where these terms and Penguin HQ's say different things about accounts, companies, invitations, plans or billing, Penguin HQ's apply.
• If any part of these terms can't be enforced, the rest applies.
• If we don't enforce part of these terms right away, we haven't given up the right to.
• You may not transfer these terms without our written consent. We may transfer them as part of a merger, acquisition or sale of assets.
• Neither of us is responsible for delays or failures caused by events beyond reasonable control.
• We may send you notices by email or in the app. Send notices to us at cameron@webmatter.io.

Contact us

Questions about these terms? Email cameron@webmatter.io. Penguin Parade is run by Webmatter Solutions LLC, in Texas, United States.