This End-User License Agreement (“Agreement”) is a legal agreement between Pencil (“Company”, “we”, “our”, or “us”) and you, the end user (“User”), governing your use of Pencil software, mobile applications, website, and related services (collectively, the “Software” or “Services”). By downloading, installing, accessing, or using Pencil, you acknowledge that you have read, understood, and agreed to be bound by this Agreement.

1. Definitions

• “User” means the individual end user of the Software.
• “Pencil” means Pencil, its employees, affiliates, licensors, and authorized partners.

2. License Grant

Pencil grants you a limited, non-exclusive, non-transferable, revocable license to use the Software solely for personal, lawful purposes in accordance with this Agreement.

Some features may be provided on a trial, free, or paid basis. Payment of applicable fees enables access to corresponding paid features.

The Software is licensed, not sold. All rights not expressly granted to you are reserved by Pencil.

3. Ownership

All Software, source code, content, graphics, designs, features, documentation, and help files are and shall remain the exclusive property of Pencil or its licensors.

You may not copy, modify, distribute, sell, lease, sublicense, reverse engineer, or create derivative works from the Software.

4. Warranty Disclaimer

The Software and Services are provided “AS IS” and “AS AVAILABLE”, without warranties of any kind, whether express or implied.

Pencil expressly disclaims all warranties, including but not limited to:

• Implied warranties of merchantability
• Fitness for a particular purpose
• Non-infringement

Pencil does not guarantee that:

• The Software will meet your requirements
• The Services will be uninterrupted or error-free

You assume full responsibility and risk for using the Software.

Some jurisdictions do not allow exclusion of implied warranties, so certain exclusions may not apply to you.

5. Limitation of Liability

To the maximum extent permitted by law, Pencil shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits
• Business interruption
• Data loss
• Virtual item loss

This applies even if Pencil has been advised of the possibility of such damages.

6. Terms of Use & User Responsibilities

By using Pencil, you agree that:

• You will provide accurate and up-to-date information
• You will not create accounts for others or allow others to use your account
• You will immediately notify Pencil of unauthorized account use
• Pencil may display advertisements or commercial content and send service-related communications

7. Prohibited Content & Conduct

You may not publish, stream, or distribute content that is:

• Pornographic, obscene, indecent, or sexually explicit
• Related to child exploitation (strictly prohibited)
• Excessively violent or graphic
• Promoting suicide or self-harm
• False, misleading, or defamatory
• Hate speech, racism, sexism, or discrimination
• Religious abuse or blasphemous
• Scam-related, weapon-related, or highly sensitive content
• Harassing, abusive, or threatening
• Spam, scams, or unauthorized advertisements
• Malicious software, phishing links, or security threats

You may not impersonate any person, organization, or government entity.

You may not share private or personal information of others without explicit consent.

8. Intellectual Property of User Content

You represent and warrant that you own or have lawful permission to use and distribute any content you share on Pencil.

You grant Pencil a non-exclusive, worldwide, royalty-free license to host, display, distribute, and promote your content solely for operating and improving the Services.

9. Monitoring & Enforcement

Pencil reserves the right to monitor user activity and content.

If Pencil determines that you have violated this Agreement, Pencil may:

• Freeze, suspend, disable, or terminate your account
• Remove content
• Revoke virtual items or gifts

Virtual items obtained through fraud or abnormal activity may be revoked without compensation.

10. Age Restriction

• Pencil strictly prohibits under-age users from streaming
• All streamers must be 18 years or older
• Accounts violating age requirements may be permanently banned
• Under-age accounts are not eligible for contracts or monetization

11. Account Termination

If your account is suspended or terminated:

• You may not create a new account
• You may not ask others to create an account on your behalf

You agree to indemnify and hold Pencil harmless from claims arising from your violation of this Agreement.

12. Services & Paid Features

Pencil may modify, suspend, or discontinue any part of the Services at any time.

Some features require payment. Access to paid features is provided only after successful payment.

Temporary service interruptions for maintenance do not create liability for Pencil.

13. Refund & Cancellation Policy

Pencil currently does not offer refunds for virtual coins, gifts, or digital items.

Due to the nature of digital content, refunds may cause losses to other users and therefore are not supported unless required by law.

14. Merchant Liability

Pencil shall not be liable for failed or declined payment transactions due to banking limits, authorization issues, or card restrictions.

15. Entire Agreement

This Agreement constitutes the complete and exclusive agreement between you and Pencil and supersedes all prior communications or agreements.

If any part of this Agreement is held invalid, the remaining provisions shall remain in full force and effect.

This Agreement may only be modified in writing by Pencil.

16. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which Pencil is registered.