Terms of Service

Last updated: March 9, 2026

These Terms of Service ("Terms") govern your use of Penpoint, a desktop writing application developed by Tophat Creative, LLC ("we", "us", "our"). By purchasing, downloading, installing, or using Penpoint, you agree to these Terms. If you do not agree, do not use the software.

License

When you purchase Penpoint, we grant you a perpetual, non-exclusive, personal license to install and use the software on your personal computers for any lawful purpose. "Perpetual" means your license does not expire — you own the right to use the version you purchased indefinitely.

This license is for your personal use. You may install Penpoint on multiple devices that you own and personally use, regardless of operating system. You may not redistribute, resell, sublicense, or share your license with others. In the event of death or permanent incapacity (such as legal guardianship), the license may be transferred to a member of your household or estate.

Updates

Your purchase includes free updates to Penpoint as they become available. Updates are delivered automatically through the app and are optional — you can skip or defer any update. We reserve the right to introduce a separate paid upgrade for future major versions, but your license for the version you purchased will always remain valid.

Updates may include database schema changes that are applied to your project files when you open them in the updated version. Once applied, these changes cannot be reversed by downgrading to an older version of Penpoint. We strongly recommend keeping backups of your project files, particularly before updating.

Payment

Penpoint is sold as a one-time purchase. Payment is processed by our payment provider, Lemon Squeezy (Lemon Squeezy, LLC), which acts as the Merchant of Record. By completing a purchase, you also agree to Lemon Squeezy's terms of service.

Refunds

We offer no-questions-asked refunds within 30 calendar days of purchase. To request a refund, contact us at support@penpoint.app. Refunds are processed through Lemon Squeezy. Upon refund, your license is revoked and you must uninstall the software. Nothing in this policy limits statutory consumer refund rights that may apply in your jurisdiction.

Your Content

Everything you create in Penpoint — your stories, characters, worldbuilding, notes, manuscripts, and all other content — belongs entirely to you. We claim no ownership, license, or rights to your work. Period.

Penpoint is a desktop application. Your projects are stored as local files on your computer. We never have access to your writing unless you voluntarily send us a file (for example, when reporting a bug). If you do send us a project file for support, we use it only to diagnose the issue and delete it when we're done.

Diagnostic Logs

Penpoint generates diagnostic logs on your computer to help troubleshoot issues. These logs may contain metadata such as entity names (e.g., a character's name), navigation paths, and error messages. They never contain your actual writing — no prose, manuscript text, or rich-text content appears in logs.

Logs stay on your device. We only see them if you choose to share them with us when requesting support. By sharing diagnostic logs or project files with us, you acknowledge that this is your voluntary action and that the shared materials may contain metadata as described above.

Community Analytics & Privacy

Penpoint includes optional, anonymous community analytics that are disabled by default. Our Privacy Policy explains in detail what data is collected, how it is used, and how you can opt in or out at any time. By using Penpoint, you also agree to our Privacy Policy.

Age Requirement

You must be at least 13 years old to use Penpoint (or 16 in jurisdictions where GDPR applies). If you are between 13 and 18 (or the age of majority in your jurisdiction), you must have permission from a parent or guardian. We do not knowingly collect personal information from children under 13.

Acceptable Use

You agree not to:

We write this not out of distrust but because our lawyers tell us we should. You're here to write stories — go do that.

Intellectual Property

Penpoint, including its code, design, name, logo, and documentation, is the intellectual property of Tophat Creative, LLC and is protected by copyright and other laws. Your license grants you the right to use the software, not to claim ownership of it.

Third-Party Services

Penpoint integrates with the following third-party services. Your use of these features is subject to the respective provider's terms:

Disclaimer of Warranties

Penpoint is provided "as is" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We work hard to keep Penpoint reliable, but we cannot guarantee that the software will be error-free, uninterrupted, or compatible with every system configuration. We recommend keeping regular backups of your project files.

Limitation of Liability

To the maximum extent permitted by law, Tophat Creative, LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, profits, or goodwill, arising out of or related to your use of Penpoint.

Our total liability for any claim related to Penpoint shall not exceed the amount you paid for the software.

Indemnification

You agree to indemnify and hold harmless Tophat Creative, LLC from any claims, damages, or expenses (including reasonable attorneys' fees) arising from your violation of these Terms or your unlawful use of Penpoint.

Termination

Your license continues indefinitely as long as you comply with these Terms. If you materially breach these Terms (for example, by redistributing the software), we will provide written notice and at least 14 days to cure the breach before terminating your license. Upon termination, you must stop using Penpoint and delete all copies.

Since Penpoint is a local application with no account or cloud dependency, "termination" in practice means you lose the right to use the software — your local files and data always remain yours.

Service Continuity

Penpoint operates entirely on your device and does not require an internet connection, account, or activation to function. If Tophat Creative, LLC ceases operations, your installed copy of Penpoint and all local data remain yours to use. Update delivery may become unavailable, but the software you have installed will continue to work without restriction.

Governing Law

These Terms are governed by the laws of the State of Oregon, United States, without regard to conflict-of-law principles. Any disputes arising under these Terms shall be resolved in the state or federal courts located in Oregon.

If you are a consumer residing in the European Economic Area, United Kingdom, or any jurisdiction with mandatory consumer protection laws, nothing in these Terms limits or excludes any rights that cannot be limited or excluded under the laws of your jurisdiction. You retain the right to bring proceedings in the courts of your country of residence.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Tophat Creative, LLC regarding Penpoint. They supersede any prior agreements, representations, or understandings.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Changes

We may update these Terms from time to time. When we do, we'll update the date at the top of this page. For material changes (such as changes to your rights, how your data is processed, or the scope of your license), we will notify you within the app and provide at least 30 days' notice before the updated Terms take effect. Accepting a software update that includes updated Terms constitutes your acceptance of those Terms. If you do not agree to updated Terms, you may continue using your current installed version of Penpoint under the prior Terms. We may update these Terms immediately where required by law.

Contact

Questions about these Terms? Reach us at support@penpoint.app.