Terms of Use

pen.dev is a software tool that helps people design, build, or enhance content using AI. It is available as a desktop application, a web app, IDE/editor extensions (e.g., Cursor, VS Code), a browser extension, and a command-line tool (CLI), and may also be made available as a plugin for AI assistants such as Codex (the ChatGPT desktop app) that displays the pen.dev web editor inside the assistant.

You'll need to provide accurate information during onboarding — your email address, your name, a username, and a password (or other authentication credential). We store this account information on High Agency, Inc. servers, together with any content you deliberately save or share using cloud and sharing features (see Section 4b). Our Privacy Policy describes what other data we process.

You're responsible for keeping your account secure and for all activity under it.

You agree not to:

• Use pen.dev for unlawful, harmful, or abusive purposes
• Try to hack, reverse-engineer, or interfere with the service
• Use outputs in ways that violate laws or others' rights

We may suspend or terminate your access if you violate these terms.

Anti-scraping and model building.

You must not scrape, crawl, bulk-export, or otherwise extract datasets from the Services or Outputs, and you must not use the Services or Outputs to develop, train, or improve any model or service that competes with ours, except under a separate written agreement with High Agency, Inc.

High-risk data.

You are solely responsible for any data you submit, generate, or process through pen.dev, including ensuring compliance with applicable laws and regulations. For text-based AI features used with your own provider accounts, Inputs and Outputs are exchanged directly between your device and the relevant third-party AI provider and do not pass through High Agency, Inc. servers — you alone control what data is shared with those providers. Where you use hosted AI models or image, SVG, image editing, or stock image features, your Inputs are routed through our infrastructure to the relevant provider in real time and are not stored by us; you remain responsible for the data you choose to submit. Content you save or share using cloud and sharing features is stored on our infrastructure (see Section 4b).

You must not use pen.dev to submit, process, or generate high-risk data — including payment card data, bank or government ID numbers, health information, biometric identifiers/templates, precise geolocation, minors' data, or GDPR special-category data — without ensuring appropriate safeguards (e.g., encryption in transit/at rest, strict access controls, data minimization) and compliance with the terms of the relevant third-party AI provider.

If you require a signed DPA/BAA or similar agreement for use of pen.dev in a regulated environment, please contact us at hq@pen.dev.

pen.dev is provided on an "as is" and "as available" basis, with no warranties or guarantees of any kind. You are solely responsible for reviewing, validating, and deciding whether to use any Outputs or suggestions.

pen.dev enables you to generate content or suggestions using AI in two ways: (a) by connecting your device directly to third-party AI providers (such as Anthropic, OpenAI, and GitHub Copilot) using your own provider accounts, and (b) where available, by using AI models provided by High Agency ("hosted AI models", labeled "pen.dev Pro" in the app) and routed through our servers to our model hosting provider. AI outputs can be imperfect, biased, or unexpected. You are responsible for how you use them.

We do not guarantee that any output is accurate, appropriate, or fit for a particular purpose.

For text-based AI features used with your own provider accounts, Inputs and Outputs are exchanged directly between your device and the relevant third-party AI provider and do not pass through, and are not stored, recorded, or otherwise accessible to, High Agency, Inc. servers at any time. For hosted AI models, Inputs and Outputs pass through our servers in real time on their way to our model hosting provider and are not stored, recorded, logged, or cached on our servers.

Certain features use third-party services to generate, edit, or source images and SVG graphics, including Google Gemini, OpenAI, Quiver AI, Recraft, and Unsplash. We may change or add providers over time. Hosted AI models are addressed in Section 4 above.

Image and SVG generation features operate differently from pen.dev's text-based AI features. When you use image- or SVG-related features, including image editing such as background removal or vectorization, your request and any content you intentionally submit, including an image you choose to edit, are transmitted through High Agency, Inc. servers to the relevant third-party provider. This transmission is the minimum technically necessary to fulfill your request. We do not store, record, log, or cache this content on our servers — it is forwarded to the third-party provider and not retained. For image editing, your device downloads the edited result directly from the provider. For stock image search (Unsplash), pen.dev's agent generates search queries derived from your project context; your prompts are not transmitted verbatim to Unsplash.

Third-party services and content are subject to their own terms, and you are responsible for complying with those terms (including any attribution or usage requirements). We disclaim responsibility for third-party content and do not guarantee the accuracy, legality, availability, or non-infringement of third-party images.

Some pen.dev features let you save files to your pen.dev workspace or share your work with others. Content you deliberately save or share using these features is stored on our infrastructure, as described in our Privacy Policy.

Hosting license. You retain ownership of the content you save or share. To provide these features, you grant High Agency, Inc. a limited, non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, transmit, and create technical derivatives of that content (such as preview thumbnails and export archives), solely as necessary to operate and provide the cloud and sharing features. This license ends when the content is permanently deleted or you delete your account, except for residual backup copies retained for a short period and content you contributed to another organization's workspace.

Your responsibility. You are solely responsible for the content you save or share and for who you give access to. By default, content shared via a link can be viewed, commented on, and downloaded by anyone with that link. Section 3 (Acceptable use) applies to shared content and comments, and we may remove shared content that violates these Terms or applicable law (see also Section 10).

Imported content. pen.dev lets you import web pages, design files, and other third-party material onto the canvas. You are responsible for having the rights to import, use, and share that material.

All rights, title, and interest in pen.dev (and all related materials) belong to High Agency, Inc.

Inputs. You retain ownership of any content you create or submit through pen.dev ("Inputs"). Inputs from text-based AI features used with your own provider accounts are exchanged directly between your device and third-party AI providers and do not pass through High Agency, Inc. servers. To the limited extent any technical processing on our infrastructure is necessary to facilitate hosted AI models or image, SVG, image editing, and stock image features, you grant us a limited, non-exclusive license for that sole purpose.

Outputs. As between you and us, you own the AI-generated outputs produced for you ("Outputs"), subject to any third-party rights. Because Outputs are generated by the underlying AI model provider, you should also review the applicable provider's terms of service. We do not guarantee that Outputs are unique or non-infringing, and you are responsible for reviewing and using them lawfully.

Inputs/Outputs storage. Inputs and Outputs from text-based AI features used with your own provider accounts never reach High Agency, Inc. servers and are therefore not stored, recorded, logged, or cached by us at any time. Inputs and Outputs from hosted AI models, and image, SVG generation, image editing, and stock image content, transit through our infrastructure in real time but are not stored, recorded, logged, or cached. Any local storage of Inputs or Outputs occurs solely on your device (e.g., browser localStorage or OS filesystem) for your convenience. Content you deliberately save to your pen.dev workspace or share using cloud and sharing features is stored as described in Section 4b and our Privacy Policy.

Model training. Inputs and Outputs from text-based AI features used with your own provider accounts are exchanged directly between your device and third-party AI providers and do not pass through our servers; we have no access to them and do not train any models on them. Where you use hosted AI models, we do not use your Inputs or Outputs to train AI models; processing by our model hosting provider is governed by our agreement with that provider. The third-party AI provider's model training and data use practices are governed by their own terms.

Feedback

If you voluntarily provide suggestions, ideas, or feedback about pen.dev, you grant High Agency, Inc. a non-exclusive, worldwide, royalty-free license to use, modify, and incorporate them into the Services. This license does not extend to any confidential information you mark as such in writing, or to Inputs or Outputs themselves (which remain governed by the sections above).

Certain design assets may be made available by us within pen.dev, including style guides, design kits, UI components, and icons (collectively, "Design Assets"). Design Assets do not include the pen.dev software, the Product's user interface, or any other Product features unless we explicitly label them as Design Assets.

No warranty. Design Assets are provided "as is" and we make no warranties regarding non-infringement or fitness for a particular purpose.

Plans. pen.dev offers a Free plan and paid subscription plans. The plans, their prices, when they are available, and what each plan includes, such as usage limits, are described at pen.dev/pricing. Enterprise plans are provided under a separate written agreement.

Subscriptions. Paid plans are subscriptions purchased by an organization owner or admin for the organization, or by you for your personal space, and priced per user, with monthly or annual billing. Fees are charged in advance for each billing period through our payment processor, Stripe, and applicable taxes are added based on your billing address.

Users and seats. Each person who is a member of your organization or of any of its workspaces, including collaborators invited to a workspace from outside the organization, counts as a user. The number of users is updated automatically when members are added to or removed from your organization or its workspaces, including when someone joins through your organization's verified email domain, and your subscription quantity and fees are adjusted with prorated charges or credits. If a member deletes their own account or a workspace is deleted, the number of users is updated the next time members are added or removed.

Plan changes. You can upgrade, downgrade, or switch between monthly and annual billing in your billing settings. Plan changes take effect immediately, and the fees for the remainder of the billing period are prorated. If your subscription is unpaid or its first payment has not been completed, plan changes are not available until the payment is settled.

Usage allowances. Usage allowances, such as image and SVG generations, days designing with an agent, and hosted AI model credits, apply per billing period and reset at the start of each billing period. On the Free plan they reset at the start of each calendar month (UTC). Unused allowances do not carry over to the next period and have no monetary value.

Automatic renewal. Your subscription renews automatically at the end of each billing period, and your payment method is charged the then-current fees, until you cancel.

Cancellation. You can cancel at any time in your organization's billing settings. Cancellation takes effect at the end of the current billing period. Until then you keep access to the paid plan; afterwards your organization moves to the Free plan and its limits. Deleting your organization or your account does not by itself cancel a paid subscription, so cancel the subscription first.

Refunds. Fees are non-refundable, except where required by law.

Price changes. We may change our prices. For an existing subscription, a price change takes effect at your next renewal, and we will notify you at least 30 days before it applies. If you do not agree, you can cancel before the renewal.

Failed payments. If a payment fails, we may retry the charge. You keep access to the paid plan while the payment is being retried; if it remains unpaid, your organization moves to the Free plan and its limits, and we may cancel the subscription.

Promotions. Promotional offers and discounts are subject to the terms stated with the offer. Where an offer depends on when your organization was created, eligibility is determined automatically at checkout.

pen.dev is provided "as is" and "as available."

We make no warranties of any kind — express or implied — including fitness for a particular purpose or non-infringement.

To the maximum extent permitted by law, High Agency, Inc. will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenues, business, goodwill, or data, arising out of or relating to the Services or Outputs. Our total aggregate liability for all claims will not exceed the greater of (a) USD 100 or (b) the amounts you paid to us for the Services during the twelve (12) months before the event giving rise to the claim. This limitation applies to all theories of liability (contract, tort, statute, and otherwise).

This cap does not apply to (i) liability that cannot be limited by applicable law (including death or personal injury caused by negligence, or fraud or willful misconduct), or (ii) your indemnification obligations under this Agreement or any related agreement with High Agency, Inc.

For enterprise or commercial deployments, a separate written agreement may modify this limitation of liability.

Mailing address:

High Agency, Inc.

440 N BARRANCA AVE #2993

COVINA, CA 91723

USA

Questions? Email hq@pen.dev or visit pen.dev.