Terms of Service

Last updated: 10 August 2026

These terms are the agreement between you and Penomaly ("we", "us") for use of penomaly.com and the Penomaly service.

By creating an account you accept them. If you do not, do not create one.

1. Who can use Penomaly

You must be at least 18 and able to enter a contract. If you are signing up on behalf of a company, you confirm you have authority to bind it, and "you" then means that company.

2. Your account

You are responsible for what happens under your account, including keeping your sign-in details secure. Tell us at support@penomaly.com if you think someone else has access.

One person or business, one account. Creating multiple accounts to obtain multiple trials is a breach of these terms.

3. The trial

New accounts get 30 days of full Pro access.

• A valid payment card is required to start the trial. You are not charged during it
• We store a one-way hash of a card fingerprint and your verified sending domain to enforce one trial per person. Deleting an account and signing up again does not reset the clock
• Before you can send anything, you must verify a sending domain you control and provide the postal address that anti-spam law requires in commercial email
• At the end of the trial your paid plan begins automatically, unless you cancel first
• We will email you before the first charge

4. Plans, fees and billing

Penomaly is sold as a set of plans. Each plan carries a subscriber allowance, a monthly send allowance, and a set of features.

The plan you are choosing, its price, its allowances and any applicable tax are shown to you before you are charged, and are recorded in your billing settings afterwards. Those figures are the ones that apply to you.

Subscriptions renew automatically until cancelled. Monthly plans renew monthly, annual plans annually. Prices are exclusive of tax, and sales tax or VAT is added where the law requires it.

If we change the price of your plan we will tell you at least 30 days beforehand, and you may cancel before the new price takes effect and receive a refund of any unused prepaid period.

Plan limits. If you approach a limit we will warn you at 80 percent and again at 100 percent. Once over, sending pauses at the end of a grace period unless you upgrade. We will never upgrade your plan and charge you more without your prior agreement, which you give by switching on automatic upgrades in your settings. That setting is off by default.

New subscribers are always accepted, even when you are over a limit. Losing a reader is worse for you than any billing outcome.

Sending above your allowance is charged at the overage rate shown with your plan, and only where you have enabled it.

5. Refunds

Fourteen days, first payment. If you are unhappy within 14 days of your first charge after the trial, write to support@penomaly.com and we will refund it in full. No form, no explanation required.

After that first payment, fees are non-refundable. You may cancel at any time and you keep access until the end of the period you have paid for. We do not refund partial months or partial years, except where consumer law in your country requires it, in which case that law wins.

If we terminate your account for breach of these terms or the Acceptable Use Policy, no refund is due.

6. Cancelling

Cancel from your billing settings at any time. Your subscription runs to the end of the current period, then stops. Nothing is charged again.

Your data stays available for export for 90 days after cancellation, then it is deleted, apart from the records listed in the Privacy Policy that we are required or obliged to keep.

7. Your content and your subscribers

You own your content. Campaigns, lists, book details and everything else you put into Penomaly remain yours. We claim no ownership.

You grant us the licence needed to run the service: to store, process, transmit and display that content for the purpose of providing Penomaly to you. Nothing more. We do not use your content to train models, we do not sell it, and we do not mail your subscribers on our own behalf.

You are responsible for your subscribers. You confirm that everyone you email through Penomaly gave you permission, that you can evidence it, and that you comply with CAN-SPAM, GDPR, PECR, CASL and any other law that applies where your subscribers live.

If you process the personal data of people in the EU or UK, our Data Processing Addendum applies and forms part of this agreement.

8. Acceptable use

Our Acceptable Use and Anti-Spam Policy is part of these terms. Read it. It is short, and breaking it is the most common reason an account gets suspended.

Every customer shares a sending reputation, so we enforce it.

9. Availability

We work to keep Penomaly running and will give notice of planned maintenance where we can.

We do not currently offer a service level agreement. Penomaly is a young product built by a small team, and promising uptime figures we cannot yet demonstrate would be dishonest. If that changes we will publish an SLA rather than quietly imply one.

We may change or discontinue features. If we remove something you depend on we will give at least 30 days notice and, where the change materially reduces what you are paying for, a pro rata refund.

10. Third party services

Penomaly integrates with services such as BookFunnel and payment providers. Those are governed by their own terms, and we are not responsible for them. If one changes or shuts down, an integration may stop working.

11. Suspension and termination

We may suspend or terminate an account that breaches these terms or the Acceptable Use Policy, that we reasonably believe is being used unlawfully, or where payment has failed and remains unpaid after notice.

Except for serious breaches, where we act immediately, we will tell you first and give you a chance to fix it. You can export your data during a suspension.

You may terminate at any time by cancelling.

12. Disclaimers

The service is provided "as is". To the extent the law allows, we disclaim implied warranties of merchantability, fitness for a particular purpose and non-infringement.

We do not warrant that every email will reach an inbox. Deliverability depends on your list, your content, your sending history and the receiving mail provider, none of which we control. Anyone guaranteeing inbox placement is not telling you the truth.

13. Limitation of liability

To the extent the law allows:

• Neither party is liable for indirect, incidental, special or consequential loss, or for lost profits, revenue or goodwill
• Our total liability arising from this agreement is capped at the greater of the amount you paid us in the 12 months before the claim, or $100

Nothing here limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited. Some jurisdictions do not allow certain exclusions, in which case those parts do not apply to you.

14. Indemnity

You will indemnify us against claims arising from your content, from your use of the service in breach of these terms, or from your emailing people who did not consent.

15. Governing law

These terms are governed by the laws of the State of Texas, United States, without regard to conflict of law rules. The courts of Texas have exclusive jurisdiction, except that either party may seek injunctive relief anywhere.

If you are a consumer in the EU or UK, this does not deprive you of the protection of mandatory law in your own country.

16. Changes to these terms

We may update these terms. For material changes we will email you at least 30 days beforehand. Continuing to use Penomaly after that means you accept the change. If you do not, cancel before it takes effect and we will refund any unused prepaid period.

17. General

If any provision is unenforceable, the rest stands. Failing to enforce a term is not a waiver of it. You may not transfer this agreement without our consent; we may transfer it in connection with a merger or sale, on notice to you.

These terms, together with the Privacy Policy, the Acceptable Use Policy and, where applicable, the Data Processing Addendum, are the entire agreement between us.

18. Contact

Penomaly P.O. Box 94 Poteet, TX 78065 United States

support@penomaly.com