These Terms of Service govern your use of Flying Penguin's website and services. Please read them carefully before engaging with us. These terms form a legally binding agreement between you and Flying Penguin.
Acceptance of Terms
By accessing or using any service provided by Flying Penguin ("we", "us", or "our"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our website or services.
Services Provided
Flying Penguin offers managed AI solutions including social and website chatbots, AI phone receptionists, website development, app development, AI seminars, and AI consultancy services for small to medium-sized businesses.
The nature, scope, and delivery of each service will be agreed upon in writing prior to commencement. We reserve the right to modify or discontinue any service with reasonable notice.
Client Responsibilities
Clients are responsible for providing accurate information necessary to deliver the agreed services. You agree not to use our services for any unlawful purpose or in any way that could harm Flying Penguin or third parties.
Where services involve integration with your existing platforms or systems, you are responsible for ensuring you have the necessary rights and permissions to allow such integrations.
Payment Terms
Monthly subscription services are billed in advance on a recurring basis. Professional services are quoted per project and invoiced as agreed. We do not currently charge VAT on our prices; if that changes we will give 30 days notice.
Late payments may result in suspension of services. Flying Penguin reserves the right to adjust pricing with 30 days written notice for ongoing subscription clients.
Cancellation and Refunds
Monthly subscriptions may be cancelled at any time with 30 days written notice. No refunds will be issued for the current billing period upon cancellation.
For project-based services, cancellation terms will be outlined in your individual service agreement. Deposits paid to commence project work are generally non-refundable unless Flying Penguin is unable to deliver the agreed service.
Intellectual Property
All content, code, designs, and materials produced by Flying Penguin as part of a paid engagement are transferred to the client upon full payment, unless otherwise agreed in writing.
Flying Penguin retains ownership of its proprietary tools, frameworks, and methodologies used in delivering services. We may showcase completed work in our portfolio unless the client requests confidentiality in writing.
Limitation of Liability
Flying Penguin will not be liable for any indirect, incidental, or consequential losses arising from the use or inability to use our services. Our total liability for any claim shall not exceed the total fees paid by you in the three months preceding the event giving rise to the claim.
We make no guarantees regarding specific business outcomes, search rankings, revenue growth, or performance targets resulting from our services.
Confidentiality
Both parties agree to keep confidential any sensitive business information shared during the course of engagement and not to disclose it to third parties without prior written consent, except where required by law.
Governing Law
These Terms of Service are governed by the laws of England and Wales. Any disputes arising under these terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Changes to These Terms
We may update these Terms of Service periodically. Continued use of our services following notification of changes constitutes acceptance of the updated terms. We will endeavour to notify active clients of material changes with at least 14 days notice.
Contact
For any questions regarding these terms, please contact us:
Flying Penguin Email: hello@flyingpenguin.ai Phone: +44 7418 374 570