Terms of Service

1. Agreement

These Terms of Service (“Terms”) govern your access to and use of the Penzest platform, website, products, and services. Penzest is operated by Fortiplace Global Limited, a company based in Nigeria.

By accessing or using Penzest, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the platform.

2. Eligibility

You must be at least 16 years old to use Penzest. By creating an account or using the platform, you represent that you meet this requirement and that you have the legal capacity to enter into a binding agreement.

3. About Penzest

Penzest is a digital publishing and newsletter platform that enables creators to:

• publish written and other digital content;
• build audiences and manage subscribers;
• send newsletters and other creator communications;
• offer free or paid subscriptions; and
• use related platform tools provided by Penzest.

4. User Accounts

To access certain features, you must create an account. You agree to:

• provide accurate, current, and complete information;
• keep your login credentials secure and confidential;
• promptly update your information where necessary; and
• notify us if you suspect unauthorised access to your account.

You are responsible for activity that occurs under your account, except to the extent caused by our own failure to use reasonable security measures.

5. Creator Accounts and Responsibilities

If you use Penzest as a creator or publisher, you are responsible for:

• the content you publish or distribute;
• the legality, accuracy, and ownership of your content;
• ensuring that you have all rights, licences, consents, and permissions necessary for your content and communications;
• your relationship with your subscribers and readers;
• complying with applicable laws, including laws relating to copyright, privacy, consumer protection, advertising, and anti-spam requirements; and
• ensuring that any subscriber list or contact data used on Penzest was collected lawfully and with appropriate permission.

You must not use purchased, scraped, harvested, non-opt-in, or unlawfully obtained email lists on Penzest. You must only import or use contact lists consisting of people who have already given valid consent to receive the relevant communications.

Penzest may review, approve, restrict, suspend, or remove creator features or accounts where reasonably necessary for safety, compliance, quality control, abuse prevention, or platform integrity.

6. Subscriber Accounts and Subscriptions

Subscribers may use Penzest to follow creators, access newsletters, and purchase free or paid subscriptions.

By subscribing to a creator publication, you acknowledge that:

• the creator is responsible for the content they publish;
• subscription access may depend on successful payment, account status, and platform availability; and
• cancellation of a subscription will usually stop future renewals, but will not necessarily reverse charges already validly incurred, subject to applicable law and any refund decision made under these Terms.

7. Payments, Billing, and Payouts

Payments and subscription billing on Penzest may be processed through third-party payment providers such as Paystack.

By making or accepting payments through Penzest, you agree that:

• third-party payment provider terms may also apply;
• payment authorisation, settlement timing, charge handling, and payout processing may depend on the provider and applicable banking or regulatory processes;
• creators are responsible for providing accurate payout and tax-related information where required; and
• Penzest may withhold, delay, reverse, or restrict transactions or payouts where reasonably necessary for fraud prevention, compliance, dispute handling, chargebacks, legal requirements, or platform protection.

8. Platform Fees

Penzest may charge creators a platform service fee on paid subscription transactions or other paid services.

The current fee rate, where applicable, will be displayed in the platform or relevant creator settings. Fees may be deducted before payout. We may update fees from time to time upon reasonable notice.

Third-party processing fees charged by payment providers may also apply.

9. Refunds and Cancellations

Subscribers may cancel future renewals of a subscription at any time through the platform or any available billing interface.

Unless otherwise stated, fees already paid are generally non-refundable, except:

• where a refund is required by applicable law;
• where there has been a duplicate charge or an unauthorised charge that is properly established;
• where a paid service was not provided due to a fault attributable to Penzest or, where appropriate, the relevant creator; or
• where Penzest expressly decides to grant a refund in the circumstances.

Where a refund is approved, it may be processed back through the original payment channel where reasonably possible.

Nothing in these Terms excludes any non-waivable rights available to consumers under applicable law.

10. Acceptable Use

You agree not to use Penzest to:

• publish, upload, transmit, or distribute unlawful content;
• infringe copyright, trademark, privacy, or other rights;
• harass, threaten, abuse, exploit, or endanger other users;
• distribute malware, malicious code, or harmful files;
• engage in fraud, scams, deceptive practices, or impersonation;
• send spam, unsolicited bulk communications, deceptive subject lines, or abusive email campaigns;
• import or use contact lists made up of people who have not validly opted in or consented to receive the relevant communications;
• upload, import, or use purchased, scraped, harvested, or unlawfully obtained contact lists;
• attempt to bypass technical limitations, rate limits, approval systems, or security controls; or
• use the platform in any manner that could damage Penzest, its users, service providers, or reputation.

We may investigate suspected violations and may remove content, restrict features, suspend delivery, require further verification, or terminate accounts where reasonably necessary. High spam complaint rates, abuse signals, or evidence of non-opt-in list usage may lead to suspension or permanent removal from the platform.

11. Intellectual Property

All rights, title, and interest in the Penzest platform, including its software, interface design, branding, trademarks, logos, and platform features, belong to Penzest or its licensors and are protected by applicable intellectual property laws.

Except as expressly permitted, you may not copy, modify, reproduce, distribute, reverse engineer, or create derivative works from the platform or any part of it without our prior written consent.

12. User Content

You retain ownership of the content you publish through Penzest.

By posting, uploading, transmitting, or distributing content through the platform, you grant Penzest a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, format, distribute, transmit, display, perform, and otherwise use that content solely as reasonably necessary to operate, secure, improve, support, and promote the platform and your publication.

This licence ends within a reasonable period after the relevant content is deleted from the platform, except to the extent retention is required for backups, legal obligations, enforcement, dispute resolution, or legitimate operational purposes.

13. Platform Availability

We aim to keep Penzest available and reliable, but we do not guarantee uninterrupted or error-free service.

Maintenance, upgrades, outages, security events, dependency failures, third-party provider issues, and other technical or operational factors may affect availability or performance. Where reasonably practicable, we may provide notice of planned maintenance.

14. Moderation, Suspension, and Termination

We may suspend, restrict, or terminate access to Penzest, or remove content, where reasonably necessary if:

• you violate these Terms or other applicable policies;
• your use of the platform creates legal, security, spam, fraud, reputational, or operational risk;
• we receive a valid complaint, legal demand, or rights claim; or
• continued access is no longer commercially or operationally feasible.

Users may stop using the platform or request account deletion at any time.

On suspension or termination:

• your right to use the platform may end immediately or be restricted;
• content, subscriber access, publication availability, or sending privileges may be limited or removed;
• certain records may be retained for legal, billing, tax, fraud-prevention, audit, or dispute-resolution purposes; and
• pending payouts, reversals, or liabilities may be reviewed and handled in line with these Terms, provider rules, and applicable law.

15. Disclaimers

Penzest provides the platform on an “as is” and “as available” basis, subject to applicable law.

We do not guarantee:

• uninterrupted service;
• any minimum level of traffic, engagement, subscriber growth, or revenue;
• that any content will always be discoverable or deliverable;
• that creator campaigns or newsletters will avoid filtering, blocking, delay, or third-party policy enforcement; or
• that the platform will be suitable for every purpose.

16. Limitation of Liability

To the maximum extent permitted by applicable law, Penzest, Fortiplace Global Limited, and their officers, employees, affiliates, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of revenue, profit, goodwill, subscribers, data, or business opportunities arising out of or related to the use of, or inability to use, the platform.

Nothing in these Terms excludes or limits liability where such exclusion or limitation is not permitted by applicable law.

17. Indemnity

You agree to indemnify and hold harmless Penzest, Fortiplace Global Limited, and their officers, employees, and affiliates from claims, liabilities, losses, damages, and reasonable costs arising from:

• your content;
• your use of the platform;
• your violation of these Terms;
• your infringement of rights belonging to another person; or
• your unlawful or improper handling of subscriber or contact data.

18. Changes to the Platform or Terms

We may change, suspend, or discontinue any part of the platform from time to time.

We may also update these Terms. If we make material changes, we may notify users through the platform, by email, or by other reasonable means. Continued use of Penzest after the effective date of updated Terms constitutes acceptance of the revised Terms, unless applicable law requires a different process.

19. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Federal Republic of Nigeria.

Before starting formal proceedings, the parties agree to attempt to resolve disputes through good-faith discussions. If a dispute is not resolved within a reasonable time, either party may pursue mediation or bring proceedings before a court of competent jurisdiction in Nigeria, subject to applicable law.

20. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect to the maximum extent permitted by law.

21. Contact

For questions about these Terms or the platform, contact:

Penzest / Fortiplace Global Limited
Email: support@penzest.com