These Pencil'd Terms of Service ("Terms") apply to and govern your access to and use of the Pencil'd website and services as further described in these Terms ("Services") via any platform or device.
Please read these Terms carefully before you sign up for or use the Services. By accessing, signing up for, browsing, or using the Services, you agree to be bound by these Terms. If you are agreeing to these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms, in which case the terms "you" and/or "your(s)" refers to such entity and its affiliates. If you do not have such authority to agree to these Terms on behalf of a company or other legal entity, or if you do not agree with these Terms, you must not agree to these Terms and must not use the Services.
The Services are owned, licensed, and operated by Mozilla Corporation (referred to herein as "we," "us," "our," or "Mozilla"). If you use the Services as an interface to, or in combination with, any other Mozilla products or services, the terms for those Mozilla products and services apply to those specific services or products.
1. Services
A. Overview
The Services enables you to train an artificial intelligence (AI) powered virtual assistant that can be responsive to telephonic customer requests for your business services when you are unable to answer your phone by providing you access to third-party AI large language models ("AI Models"). You are able to provide your business information ("Inputs") to those AI Models in order to receive voice AI virtual assistant responses ("Outputs") which help your customers ("Your Customers") navigate your service options and select the appropriate service request and scheduling need. The Services also include: (1) the ability to link your Google Calendar to a dashboard from which you can review customer calls, requests, voicemails, and (2) optional voice message receipt and retrieval functionality. While your Inputs, personal information, and business information are used to train the AI voice assistant to meet your needs, this information is not used to train any of the AI Models for their own use. Additionally, recordings and transcriptions of your customers' calls, and your customers' information are not used to train any of the AI Models in any context.
These Services include experimental features that are not intended to be complete, comprehensive, or ready for a general release and may include bugs, errors, or other issues. You understand and agree that we: (i) do not promise, and are not obligated to provide, you any support (technical or otherwise) in connection using the Services; and (ii) will continue to develop and change the Services over time. We reserve the right to charge a fee for access to the Services. You understand and agree that the Services may develop into general release products that are subject to different terms and conditions and fees. Your access to the experimental versions of the Services does not guarantee you access to any general release of any of the Services.
B. Using the Services
1. General
We grant you a non-exclusive right to access and use the Services, subject to your compliance with these Terms. In order to access and use the Services, you: (1) must be at least eighteen (18) years of age to use the Services; (2) must give Mozilla all rights necessary to operate the Services, including processing data, the content of your Inputs, and to generate Outputs through the Services; (3) must not use the Services to violate any laws in the jurisdiction where you are based; (4) are prohibited from using the Services if you are barred under any Office of Foreign Assets Control Specially Designated Nationals List or face any other similar prohibition in any other applicable jurisdiction.
You will also comply with Mozilla's Acceptable Use Policy, and any other policies referenced in these Terms.
You will use the Services only as allowed for under these Terms. If you appear to be using the Services for something other than their intended purpose, your use may be terminated. You may not use the Services, or any of the underlying AI Models, to support the creation of your own AI Models.
2. Your Customers
You must require your end users to comply with applicable laws and these Terms and you must not facilitate their violation of any applicable laws or these Terms.
3. Your Customers' Privacy
You agree to: (1) comply with applicable privacy and data laws and regulations, including those relating to personal data and telecommunication (such as the CCPA and TCPA), and (2) will provide a privacy policy for your business that transparently and accurately describes to Your Customers what information you collect, how you collect that information, and how you use and share that information with Mozilla and any other third parties.
C. Accounts Access
You will be required to create an account to use the Services as follows:
- • Through our system: During registration, you will need to provide an email address and set a password. You are responsible for keeping your password confidential and for the activity that happens through your account. We are not responsible for any losses arising out of unauthorized use of your account.
- • Using your Google Account: You can sign up for use of the Services using your Google Account. You can create a Google Account on Google's signup page. More information about the information that we receive from Google, and how we use that information, is included in our Privacy Notice. Google Accounts has its own Privacy Notice.
2. Privacy
We use the information we receive through the Services as described in our Privacy Notice.
3. Feedback
Any ideas, suggestions, or feedback that you provide about any of the Services may be used by Mozilla for free, without any additional obligations.
4. Content & Ownership
A. Content You Share
By using the Services and/or signing up for your account, you represent that you will only share content, material, or information (including Inputs) (collectively "Content") that you own and/or have the legal right to share and sublicense to others, including without limitation, Content and data shared through the Services to generate Outputs. When you submit Content through the Services, you continue to own the rights to that Content (including Inputs).
You grant Mozilla a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, copy, modify, adapt, sub-license, prepare derivative works from, distribute, perform, and display the Content for the purpose of operating the Services. Content, including Inputs, shared through or on the Services is subject to our Acceptable Use Policy.
We may remove Content and/or suspend or terminate your access to the Services if it violates these Terms and/or our Policies. When we do this, we will send you a notice indicating the policy violation you committed and the action that we have taken, and will provide you the opportunity to appeal.
B. Third Party Content
You may be able to access third party content made available through or provided by the Services. Mozilla is not responsible for such third party content. The person or entity that makes the content available is solely responsible for such content. Mozilla has the right, but is not obligated, to review third party content accessible through the Services and may remove the content if we determine it is illegal or violates these Terms. Such third party content may also be subject to intellectual property or other proprietary rights and you are solely responsible for ensuring that you've acquired all necessary rights, licenses and consents to use such content in Your App.
We may also restrict access to the content accessible through or by the Services where required by applicable law.
C. Use of AI Outputs
For Services that enable you to create AI Outputs, those Outputs may contain inaccuracies. In such instances, you are responsible for: (i) your own use of the Outputs and determining whether Outputs accurately reflect the Inputs and/or meet your particular needs, including ensuring that your use of the Outputs complies with applicable laws; and (ii) for any consequences of your misuse of the Outputs. Your right to use the Outputs may not apply to information or material that is added to or that results from an AI-based result. The Outputs do not reflect Mozilla's views and Mozilla makes no representations about the quality or usefulness of the Outputs, or their efficacy in obtaining a particular result and may be the same or similar to outputs generated for our other users or users of those AI Models generally.
5. Prohibitions
In addition to not undertaking actions prohibited in the Mozilla Acceptable Use Policy, you will not, and will not permit others acting on your behalf to use the Services for any of the following products, services, or purposes:
- • Use of automatic ticket purchasing (ticket-bots)
- • Raffles, lottery, or gambling
- • Gaming or trading of in games items/currency
- • Use of streaming related domains (videos, music or images streaming)
- • Trading crypto/virtual currency or NFT
- • Posting on classified, used, and resell sites
- • Completion of surveys in return for a benefit or anything of value
- • Creating or expanding facial recognition databases
- • Real-time remote biometric identification in public spaces for law enforcement purposes
- • Evaluate or classify individuals based on their social behavior or personal traits (including social scoring or predictive profiling) leading to detrimental or unfavorable treatment
- • Assess or predict the risk of an individual committing a criminal offense based solely on their personal traits or on profiling
- • Categorize individuals based on their biometric data to deduce or infer sensitive attributes such as their race, political opinions, religious beliefs, or sexual orientation
- • Provide tailored legal, medical/health, or financial advice without review by a qualified professional and disclosure of the use of AI and its potential limitations
- • Make high-stakes automated decisions affecting an individual's safety, rights or well-being (e.g., law enforcement, migration, management of critical infrastructure, safety components of products, essential services, credit, employment, housing, education, social scoring, or insurance)
- • Engage in political campaigning or lobbying, including generating campaign materials personalized to or targeted at specific demographics
- • Deter people from participation in democratic processes, including misrepresenting voting processes or qualifications and discouraging voting
- • Infer an individual's emotions in the workplace and educational settings, except when necessary for medical or safety reasons
A. No HIPAA Obligations
Mozilla does not intend the Services to create any obligations under the Health Insurance Portability and Accountability Act (HIPAA). You shall not use the Services to transmit, for any purpose, protected health information to Mozilla without our prior express written consent.
6. Notice of Claimed Infringement
To report claims of copyright or trademark infringement, please see here.
7. Mozilla Intellectual Property
Mozilla does not grant you any intellectual property rights in the Services or other Mozilla products and services unless these Terms specifically say otherwise. For example, these Terms do not provide the right to use any of Mozilla's copyrights, trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.
8. Term; Termination
These Terms will continue to apply until ended by either you or Mozilla. You can choose to end them at any time for any reason by discontinuing your use of the Services and, if applicable, deleting your account. If you choose to terminate your account, we may terminate your account data and content.
We may suspend or terminate your access to the Service at any time for any reason, including, but not limited to if we reasonably believe: (i) you have violated these Terms, the Acceptable Use Policy or another relevant policy; (ii) your use of the product creates risk or legal exposure for us; or (iii) our provision of the Service to you is no longer commercially viable.
In all such cases, these Terms shall terminate, except that the following sections shall continue to apply: Content & Ownership, Prohibitions & Limitations, Mozilla's Intellectual Property, Indemnification, Disclaimer & Limitation of Liability, Choice of Law & Jurisdiction.
9. Communications
By using the Services, we may reach out to you regarding your use of the Services, your Content, or other feedback you submit to us.
10. Indemnification
You agree to defend, indemnify and hold harmless Mozilla, and its respective parent and affiliate companies, contractors, contributors, licensors, partners, directors, officers, employees and agents ("Indemnified Parties") from and against any and all third party claims and expenses, including attorneys' fees, arising out of or related to your use of the Services. This includes, but is not limited to, claims and expenses arising from any of the Content shared by you.
11. Disclaimer & Limitation of Liability
Mozilla offers the Services "as is." Neither Mozilla nor its Indemnified Parties represent or warrant that the Services or the platform are suitable for any particular purpose, or that they are free of defects or problems. To the extent permitted by law, Mozilla and the Indemnified Parties Disclaim all warranties, express or implied. Any tool or service that you select for a particular purpose is selected at your own risk, including the risk that your content could be deleted or corrupted, or that the Services might fail to meet your specific needs or to perform at the level you desire. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so this disclaimer may not apply to you.
Except as required by law, Mozilla will not be liable for any indirect, special, incidental, consequential, or exemplary damages arising out of or in any way relating to these Terms or from your use of or loss of access to the Services. Risks may include loss of goodwill, work stoppage, lost profits, loss of data, computer failure or malfunction, and other damages, for which Mozilla will not be responsible (even if advised of the possibility of such damages), under any legal theory (tort, contract or otherwise). The collective liability of Mozilla and the Indemnified Parties under this agreement will not exceed $500 (five hundred dollars).
Some jurisdictions do not allow the exclusion or limitation of incidental, consequential, or special damages, so this exclusion and limitation may not apply to you.
12. Modification of These Terms
Mozilla may update these Terms from time to time, and will post the updated Terms online. Where changes are substantive, we will notify you via email, in public announcements, or through the Service itself. To better enable you to track changes, we will post an effective date at the top of this page.
13. Choice of Law & Jurisdiction
These Terms will be interpreted and enforced in accordance with California state law, excluding its conflict of law provisions. If any portion of these Terms is held to be invalid or unenforceable, the remaining portions will remain in full force and effect. In the event of a conflict between a translated version of these terms and the English language version, the English language version shall control.
14. Contact Us
To provide feedback on any of the Services or these Terms, contact us at support@pencild.com.
Our copyright or trademark claims reporting page explains how to report infringement on the Service.
For other concerns, you may email us at legal-notices@mozilla.com or write to us at the following address:
Attn: Mozilla – Legal Notices
149 New Montgomery Street
4th Floor
San Francisco, CA 94105