Terms of Service

1. Agreement to terms

By creating an account or using the RedPennon services (the "Service"), you ("Customer", "you") agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms and the term "you" refers to that organisation. If you do not agree to these Terms, do not use the Service.

2. The Service

RedPennon provides a hosted feature flag management platform that allows software teams to create, evaluate, and roll out feature flags in real time via an API. Service availability, limits, and capabilities depend on the plan you subscribe to and may evolve over time.

3. Accounts

You are responsible for maintaining the confidentiality of your account credentials and API keys, and for all activity that occurs under your account. You must provide accurate and current account information and keep it up to date. Notify us immediately at security@redpennon.dev of any unauthorised use of your account or suspected security incident.

4. Acceptable use

You agree not to use the Service to:

• Violate any applicable law or regulation.
• Infringe the intellectual property or privacy rights of others.
• Distribute malware, phishing content, or attempt to compromise the Service or its users.
• Resell, sublicense, or white-label the Service without our written consent.
• Reverse engineer, scrape, or benchmark the Service for the purpose of building a competing product.
• Exceed plan limits or applicable rate limits through deliberate circumvention, or generate traffic patterns that materially degrade the Service for other customers.
• Submit personal data of categories the Service is not designed to handle (e.g. health, payment card, or government identification data) as user-context payloads to the evaluation API.

We may apply technical rate limits and quotas to protect the Service. Sustained or abusive use beyond those limits may result in suspension under Section 9.

5. Subscriptions, billing, and taxes

Paid plans are billed in advance on a monthly or yearly cycle via our payment processor. Subscriptions automatically renew at the then-current price unless cancelled before the renewal date. You can cancel at any time from your billing settings; cancellation takes effect at the end of the current billing period and no refunds are issued for partial periods, except where required by law.

Fees are stated exclusive of taxes. You are responsible for all applicable taxes, duties, and government charges (including GST, VAT, or sales tax) other than taxes on RedPennon's income. If a price changes, we will give you at least 30 days advance notice by email or in-app notice before the change applies to your next renewal.

If a payment fails, we may retry the charge and may suspend or downgrade your plan after a reasonable cure period.

6. Customer Data

You retain all rights, title, and interest in the data you submit to the Service ("Customer Data"). You grant RedPennon a worldwide, non-exclusive, royalty-free licence to host, copy, transmit, and process Customer Data solely to provide, secure, and improve the Service, and to comply with law. You are responsible for the lawfulness of Customer Data and for obtaining any consents required from end users whose context payloads you submit to the evaluation API. Our handling of personal information within Customer Data is further described in our Privacy Policy.

7. Intellectual property

As between you and us, RedPennon and its licensors own all rights, title, and interest in and to the Service, including all software, documentation, designs, and the RedPennon name and marks. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service during your subscription. No other rights are granted by implication, estoppel, or otherwise.

If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free licence to use them without restriction or compensation.

8. Service availability

We aim for an evaluation API p95 response time under 50ms and high availability, but we do not guarantee uninterrupted or error-free operation. Scheduled maintenance, upstream incidents, force majeure events, or factors outside our reasonable control may cause downtime. The evaluation API is designed to fail open: missing or unknown flags return a null value with a reason rather than an error.

9. Suspension

We may suspend your access to all or part of the Service, with notice where practical, if (a) your account is overdue or a payment fails; (b) you breach these Terms, including Section 4 (Acceptable use); (c) your use poses a material security, legal, or operational risk to RedPennon, our customers, or third parties; or (d) we are required to do so by law. We will restore access promptly once the cause of suspension is resolved.

10. Termination

You may terminate your account at any time from your organisation settings. We may terminate or refuse to renew your account on notice for material breach that is not cured within 14 days, for prolonged inactivity, or for grounds described in Section 9. On termination, your right to access the Service ends and we will, on request made within 30 days of termination, make a reasonable export of Customer Data available to you. After that window, we will delete Customer Data within a reasonable period, unless retention is required by law. Sections 6, 7, and 11–19 survive termination.

11. Disclaimers

The Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, RedPennon disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or usage of trade. Nothing in these Terms excludes or limits any consumer guarantee, right, or remedy that cannot be excluded or limited by applicable law.

12. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, goodwill, or data, even if advised of the possibility of such damages. RedPennon's total aggregate liability for any and all claims arising out of or relating to the Service or these Terms is limited to the amount you paid to RedPennon in the twelve (12) months preceding the event giving rise to the claim. These limits apply in aggregate across all claims and theories of liability.

13. Indemnification

You will defend, indemnify, and hold RedPennon and its personnel harmless from and against any third-party claim, loss, liability, or expense (including reasonable legal fees) arising out of or relating to (a) your Customer Data or the use you make of it; (b) your breach of these Terms, including Section 4 (Acceptable use); or (c) your violation of law or the rights of a third party. We will give you prompt notice of any such claim and reasonable cooperation, and you will not settle any claim that imposes obligations on us without our prior written consent.

14. Force majeure

Neither party is liable for any failure or delay in performance (other than payment obligations) caused by circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labour disputes, internet or telecommunications failures, government actions, or third-party infrastructure outages.

15. Assignment

You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, corporate reorganisation, or sale of all or substantially all of our assets. Any prohibited assignment is void.

16. Notices

We may give notices to you by email to the address on your account, by in-app notification, or by posting them on the Service. You must send legal notices to legal@redpennon.dev. Notices are deemed given on the day they are sent where sent electronically. You are responsible for keeping your account email address current.

17. Severability and entire agreement

These Terms, together with the Privacy Policy and any order or plan you subscribe to, constitute the entire agreement between you and RedPennon regarding the Service and supersede any prior or contemporaneous agreements on that subject. If any provision is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable. Failure to enforce a provision is not a waiver of it.

18. Changes to these Terms

We may update these Terms from time to time. Material changes will be communicated via email or in-app notice at least 30 days before they take effect. Non-material changes (such as clarifications) take effect when posted. Your continued use of the Service after a change constitutes acceptance of the updated Terms; if you do not agree, you may terminate your account before the change takes effect.

19. Contact

Questions about these Terms can be sent to legal@redpennon.dev.