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Terms of Use

Site terms covering acceptable use, intellectual property, disclaimers, limitation of liability, indemnification, and Texas governing law for visitors to pendraco.com.

Last updated: 2026-06-05

These terms of use ("Terms") govern your access to and use of pendraco.com (the "Site"), which is operated by PenDraco Limited Company ("PenDraco", "we", "us", "our"), a Texas limited liability company with its registered office at the address listed in the imprint.

Please read these Terms carefully before accessing or using the Site. By accessing, browsing, or otherwise using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our privacy policy, which is incorporated here by reference. If you do not agree to these Terms or the privacy policy, you must not access or use the Site and must exit it immediately.

What these Terms cover (and do not cover)

These Terms apply only to your use of the Site as a visitor. They do not by themselves create a services relationship between you and PenDraco. Any actual engagement — for example, an embedded Forward Deploy Sprint, an FDE retainer, a managed-platform subscription, or other professional services — is governed by a separate written agreement signed by both parties. Where these Terms conflict with that signed agreement on the subject of the engagement, the signed agreement controls.

The Site has no user accounts, no paid features, and no software downloads. We are not collecting payment, granting a software licence, or providing a SaaS service through the Site itself.

Eligibility

You may use the Site only if you can form a binding contract with PenDraco under the laws of Texas and the United States and are not barred from doing so under applicable law. The Site is not directed at children under 13, and we do not knowingly collect personal information from them (see our privacy policy).

Our intellectual property

The Site, its design, source code, layout, text, images, the dragon logomark, the PenDraco name, the tagline "Ego Magnus Numen", and all other content we publish on the Site (collectively, the "PenDraco Materials") are owned by PenDraco or our licensors and are protected by U.S. and international copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and view the PenDraco Materials for your personal, non-commercial use, and for the legitimate purpose of evaluating PenDraco as a potential vendor or partner. This licence does not include any right to:

  • Copy, reproduce, republish, post, distribute, or sell any of the PenDraco Materials.
  • Modify, adapt, translate, reverse-engineer, or create derivative works from any of the PenDraco Materials.
  • Use the PenDraco name, logo, or trademarks without our prior written consent (this includes "PenDraco", the dragon logomark, and any confusingly similar mark).
  • Frame, mirror, or otherwise embed the Site within another site without our prior written consent.

All rights not expressly granted are reserved.

Acceptable use

You agree not to:

  • Use the Site for any unlawful purpose or in any way that violates these Terms or any applicable law.
  • Scrape, crawl, harvest, or otherwise extract content from the Site through automated means beyond what reputable search-engine indexers do under a published robots.txt.
  • Probe, scan, or test the vulnerability of the Site or any related infrastructure, or attempt to bypass any security mechanism.
  • Introduce viruses, worms, malware, or any other code intended to disrupt or damage the Site or its users.
  • Impersonate another person, misrepresent your affiliation with any person or entity, or use the Site to send spam or unsolicited bulk messages.
  • Hyperlink to the Site in a manner that suggests endorsement or partnership without our prior written consent.

Information you submit

When you contact us through the Site (e.g. via email, the contact form, or a chat session), the information you provide is handled under our privacy policy. You confirm that any information you submit is accurate and that you have the authority to share it. Please do not send us confidential or proprietary information unsolicited; if a project warrants confidentiality, we will sign a non-disclosure agreement first.

To the extent you send us suggestions, ideas, feedback, or comments about the Site or our services ("Feedback"), you grant PenDraco a worldwide, royalty-free, fully paid-up, perpetual, irrevocable, non-exclusive, sublicensable, transferable licence to use, reproduce, modify, distribute, prepare derivative works of, publicly display, publicly perform, and commercialise that Feedback for any purpose, without attribution, accounting, obligation, or compensation to you. You represent and warrant that any Feedback you submit is your own original material — or that you have all rights necessary to grant this licence — and that the Feedback does not violate any third party's rights. Feedback is non-confidential: please do not submit anything to us as Feedback that you wish to keep confidential or that is subject to a confidentiality obligation owed to a third party.

Third-party links and references

The Site links to third-party sites (for example, our LinkedIn page, the public site for our iSureType product, or third-party platform pages we reference from time to time). PenDraco does not control those sites and is not responsible for their content, policies, or practices. Following a third-party link is at your own risk, and that third party's terms and privacy policy apply to your use of their site.

Marketing-only information

The Site is provided for informational and marketing purposes. Statements on the Site about our services, capabilities, prior engagements, or pricing are descriptive, not contractual offers. No content on the Site, by itself, creates a binding commitment by PenDraco to perform any work, deliver any product, or accept any client. A binding services relationship arises only from a written engagement agreement signed by an authorised representative of PenDraco.

Disclaimers

THE SITE AND THE PENDRACO MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PENDRACO DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.

We do not warrant that the Site will be uninterrupted, secure, error-free, free of viruses or other harmful components, or that any defect will be corrected. Statistics, case-study figures, and prior-engagement outcomes shown on the Site are illustrative; future results will depend on the facts of your engagement.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND SUBJECT TO THE CARVE-OUTS BELOW, PENDRACO AND ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SITE — WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY — AND EVEN IF PENDRACO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

PENDRACO'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE WILL NOT EXCEED ONE THOUSAND U.S. DOLLARS (US$1,000) IN THE AGGREGATE. The foregoing exclusions and limitations apply in the aggregate to all claims you may have, regardless of the number of incidents or theories of liability.

Carve-outs. Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for: (i) death or personal injury caused by PenDraco's negligence; (ii) fraud or fraudulent misrepresentation; (iii) PenDraco's gross negligence or willful misconduct; or (iv) any other liability which, as a matter of mandatory law, cannot be waived or limited.

Some jurisdictions do not allow exclusion or limitation of certain damages; in those jurisdictions our liability is limited to the maximum extent permitted by law.

Indemnification

You agree to defend, indemnify, and hold harmless PenDraco, its affiliates, and each of their respective owners, directors, officers, employees, agents, contractors, and licensors (each an "Indemnified Party") from and against any third-party claim, demand, action, proceeding, loss, damage, liability, fine, penalty, or expense (including reasonable attorneys' fees and court costs) arising out of or related to: (a) your access to or use of the Site in breach of these Terms; (b) your violation of any applicable law or regulation; (c) your infringement or misappropriation of any third-party intellectual-property, privacy, publicity, or other right through your use of the Site; or (d) any content, information, or Feedback you submit through the Site.

Procedure. As a condition of this indemnity, the Indemnified Party will: (i) promptly notify you in writing of the claim (failure to give prompt notice does not relieve you of your obligations except to the extent you are materially prejudiced by the delay); (ii) give you sole control of the defense and settlement of the claim with counsel of your choice — provided that you may not settle any claim that imposes any non-monetary obligation, admission of fault, or injunctive relief on any Indemnified Party, or that does not include a full release of the Indemnified Party, without that party's prior written consent (not to be unreasonably withheld); and (iii) reasonably cooperate, at your expense, in the defense.

Carve-out. This indemnity does not apply to claims to the extent they arise from the Indemnified Party's gross negligence, willful misconduct, or fraud.

Modifications to these Terms

We may update these Terms from time to time. The "Last updated" date at the top of this page reflects the most recent change.

Material changes. A change is "material" if it expands your obligations, reduces your rights, or otherwise materially affects how the Site or these Terms apply to you. We will post any material change to these Terms on the Site at least thirty (30) days before it takes effect, and — where we have your contact details — send you notice by email. Non-material changes (clarifications, typo fixes, formatting, contact-detail updates, and the like) take effect on posting.

Your continued use of the Site after a change becomes effective constitutes acceptance of the updated Terms; if you don't accept, please stop using the Site before the effective date.

Suspension and termination

We may suspend, restrict, or terminate access to the Site at any time, with or without notice, for any reason — including suspected breach of these Terms or to perform maintenance. Sections of these Terms that by their nature survive termination (intellectual property, disclaimers, limitation of liability, indemnification, governing law, and miscellaneous) will continue to apply.

Governing law and venue

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules, and by applicable U.S. federal law. The exclusive venue for any dispute arising out of or related to these Terms or the Site is the state courts of Brazoria County, Texas, or the United States District Court for the Southern District of Texas, Galveston Division (the federal division covering Brazoria County), and you consent to the personal jurisdiction of those courts. Each party waives any objection based on inconvenient forum.

Miscellaneous

  • Entire agreement. These Terms and the privacy policy are the entire agreement between you and PenDraco about your use of the Site, and supersede any prior or contemporaneous understandings on that subject.
  • Severability. If any provision of these Terms is held unenforceable, the rest remains in effect, and the unenforceable provision will be replaced with one that comes closest to the original intent.
  • No waiver. Our failure to enforce any provision is not a waiver of that provision or any other.
  • Assignment. You may not assign or transfer your rights under these Terms without our prior written consent. We may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets.
  • No partnership. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and PenDraco.
  • Force majeure. PenDraco is not liable for any delay or failure in performance caused by events beyond our reasonable control, including outages of upstream infrastructure, power failures, internet failures, natural disasters, or government action.
  • Notices. Legal notices to PenDraco must be sent to the postal address in the imprint, with a courtesy copy to [email protected].

Contact

Questions about these Terms? Email [email protected] with the subject "Terms" so we route it correctly.