Terms of Service

Using Penguin Poker

• You must be at least 13 years old, or older if the law where you live requires it, to use Penguin Poker. 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 Poker for a company or another organization, for example by running its rooms 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 Poker where the law, including US sanctions, forbids it.

Accounts

You don't need an account to start or join a room. Signed in with your Penguin HQ account, you can choose your own penguin, buy sprite packs and use your companies' rooms. Your penguin and theme are saved to that account, so they show in every Penguin app.

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

Rooms

Anyone can start a room, with or without an account. Anyone with the link to an open room can join it, see who's in it, see every vote once the cards are flipped, and see its past rounds. Don't put anything confidential in an open room's name, topics or line-up; when a room should stay within your company, make it members-only.

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 Poker, a company's owners and admins also manage its rooms, teams, decks and connected tools.
• The company is responsible for how its members use Penguin Poker, and for the tools its owners and admins connect.

Your content

"Your content" is what you and your company put into Penguin Poker, like names, room names, topics, votes and decks, and what you bring in from connected tools, like issue titles.

• 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 Poker for you and the people you share it with, and to do what you ask, like saving estimates to your issue tracker or posting results to Slack. 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 Poker. 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 Poker to:

• break the law, or infringe anyone's rights, including their privacy and intellectual property;
• harass, threaten or abuse anyone (snowballs are for fun);
• post content that's hateful, obscene or deceptive;
• send spam;
• spread malware, probe or test Penguin Poker'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 Poker, except where the law allows it despite this term;
• resell Penguin Poker, 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

Rooms are free. A company's plan decides what it gets in Penguin Poker, like groups, facilitator controls, custom decks, full history and how many issue trackers it can connect. One plan covers the company in every Penguin app.

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 and canceling. Guests in open rooms never take a seat. Where a signed agreement with us, like an Enterprise contract, conflicts with these terms, the agreement wins.

Sprite packs

Sprite packs are one-time purchases of costumes for your penguin. When you buy one, you get a personal license to use its costumes in Penguin Poker on your account, for as long as you have the account and we run Penguin Poker. Packs have no cash value, and can't be transferred, resold or exchanged.

You buy packs in Penguin Poker, signed in to your Penguin HQ account, and Stripe processes the payment. They aren't part of a company's plan. Prices are in US dollars and don't include taxes unless we say so, and you're responsible for any taxes that apply.

Refunds

Except where the law requires otherwise, sprite packs aren't refundable. Refunds for company plans are covered by Penguin HQ's Terms of Service. If you think we've charged you by mistake, email cameron@webmatter.io and we'll look into it. If you're a consumer in the European Union, the United Kingdom or another place that gives you a right to cancel purchases made online, nothing in these terms limits that right.

Connected tools

• Companies can connect tools like Jira, GitHub, Linear and Slack. Other companies run those services, under their own terms. We're not responsible for them, or for changes on their side that stop an integration working.
• When an owner or admin connects a tool, they authorize Penguin Poker to use it for the company: to search for issues, save estimates and post results. In Jira and Linear, Penguin Poker acts with the access of the person who connected it, and members who run the company's rooms can search and save estimates through that connection. Connect an account whose access you're comfortable sharing that way.
• What's saved to your tools is your team's call. Check estimates and results before relying on them.

Our rights in Penguin Poker

Penguin Poker, including its software, design, penguins and other art, and the Penguin Poker name and logo, belongs to us or our licensors. These terms let you use Penguin Poker 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 Poker

We're always working on Penguin Poker, 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 Poker 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 Poker 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 Poker, 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 Poker, 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 payment, disclaimers, limitation of liability, indemnity and disputes.

Disclaimers

Penguin Poker 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 Poker will be uninterrupted, secure or free of errors. Estimates are your team's own judgment, and we don't guarantee any outcome from using 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 Poker, 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 Poker 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 Poker, 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 Poker after that, you accept the new terms. If you don't accept them, stop using Penguin Poker.

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 Poker. 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 Poker is run by Webmatter Solutions LLC, in Texas, United States.