Terms of Use — Penny Wesley LLC

Effective: September 28, 2026 · Last updated: September 28, 2026
Contact: [email protected]

1. Agreement

By accessing pennywesley.com, the Penny Wesley agent portal, viewing any Penny Wesley page or materials, or purchasing briefs, monthly or annual plans, subscriptions, or related services from Penny Wesley LLC (“Penny Wesley,” “we,” “us,” “the Company”), you agree to these Terms of Use (“Terms”). These Terms include our research disclaimer and refund rules (formerly separate pages).

If you use the service for a brokerage or other entity, you represent that you are authorized to bind that entity.

Sole contracting party. Your agreement is solely with Penny Wesley LLC, a New Hampshire limited liability company. Nothing you view, browse, download, purchase, or otherwise obtain from or through Penny Wesley creates a contract, duty, warranty, or claim against any natural person associated with the Company.

2. No individual / personal liability (critical)

This section is material to your use of the service.

To the fullest extent permitted by law:

1. Company only. All obligations, warranties (if any), duties, and liabilities arising from the website, portal, marketing materials, research products, briefs, subscriptions, payments, support, or any related Penny Wesley offering are obligations of Penny Wesley LLC alone.
2. No personal responsibility. Viewing, purchasing, ordering, using, or relying on anything related to Penny Wesley does not create any personal, individual, joint, or several liability for any natural person affiliated with the Company in any capacity, including without limitation any creator, founder, organizer, registered agent, member, manager, officer, director, employee, contractor, agent, or representative. Public materials will not identify any such individual by personal name, home address, personal email, or personal phone as a contracting party or public contact.
3. No personal claims. You agree not to assert, and you irrevocably waive, any claim, demand, suit, or proceeding against any such individual in their personal capacity arising out of or relating to Penny Wesley products, services, content, payments, or these Terms — whether in contract, tort (including negligence), statute, or otherwise — except to the extent a court of competent jurisdiction finally determines that applicable law forbids this waiver for that specific claim.
4. Exclusive remedy against the Company. Your sole and exclusive recourse for any claim relating to Penny Wesley is against Penny Wesley LLC, subject to the disclaimers and liability limits in these Terms.
5. No piercing by contract. You acknowledge you are dealing with a limited liability company and agree not to seek to impose personal liability on individuals merely because they own, manage, create content for, or act on behalf of the LLC.

Nothing in this section expands liability beyond what applicable law allows; it is intended to make the LLC-only nature of responsibility explicit.

3. Who may use the service

Services are intended for licensed real estate agents and related professionals acting in a business capacity. You are responsible for complying with your license, brokerage policies, MLS rules, and fair housing, advertising, and other applicable laws.

We may refuse, suspend, or terminate access for nonpayment, abuse, legal risk, or violation of these Terms.

4. What we provide

Penny Wesley provides research and due diligence materials for licensed real estate agents, based on publicly available sources and information you supply. Deliverables may include PDF briefs (Buyer Brief and/or Seller Brief) and related summaries delivered to your account or email.

Research disclaimer (not an appraisal or AVM). Materials are not appraisals, automated valuation models (AVMs), opinions of value, or guarantees of value, marketability, or insurability. We use fair-housing-safe language. We do not invent property history. Title, survey, inspection, financing, and insurance conclusions remain with the appropriate licensed professionals and the parties to the transaction. Optional add-on pulls (for example deed images or agency records) are provided only when authorized and available.

We do not provide: appraisals; AVMs; opinions or guarantees of value, marketability, or insurability; legal, tax, survey, title, inspection, engineering, lending, or insurance advice; private MLS remarks, lockbox codes, or showing passwords; invented or fabricated property history.

Third-party property and listing data. Briefs may incorporate property facts, tax data, and nearby listing or sale information obtained from third-party property data APIs and other providers that aggregate public records and publicly available listing information. That information is for general informational use by licensed agents and their clients. It is not an appraisal, a comparative market analysis (CMA), an MLS feed, or a substitute for your own local MLS or agent due diligence. We do not guarantee that third-party data is complete, current, or accurate. We may update, limit, or remove fields if an upstream provider or applicable law requires it. Your purchase of a brief does not grant you a free-standing license to scrape, bulk-export, or resell that underlying data outside the normal use of the brief in your real estate practice.

Public records and third-party data can be incomplete, outdated, or wrong. Briefs may omit or summarize items when records are incomplete; known gaps will be called out when we are aware of them.

AI / LLM-assisted research

We may use software tools, including artificial intelligence and large language models (AI/LLMs), to help gather, organize, summarize, or draft research materials. AI-assisted output can be wrong, incomplete, outdated, or misleading. You must independently verify material facts with primary sources and licensed professionals before relying on a brief or advising a client. AI use does not change Section 2 (no individual/personal liability) or the “AS IS” disclaimers below.

5. Your responsibilities

• Provide an accurate property address (verified lookup) and/or MLS number for lookup. You are not required to upload an MLS sheet, listing PDF, or similar document. Optional agent context may be offered but is never required. Property and MLS lookup data is obtained through third-party property data providers and other contracted sources (not by requiring you to upload MLS materials).
• Review briefs before sharing with clients; you remain solely responsible for client advice, disclosures, and compliance with fair housing and other laws.
• Do not use our materials to discriminate, steer, or otherwise violate fair housing or other laws.
• Do not resell our templates, software, or raw research as someone else’s product without our written permission.
• Keep your account credentials secure and notify us of unauthorized use.

6. Orders, briefs, and subscriptions

• Brief. One brief means one finished Buyer Brief or Seller Brief for one property address or MLS#, unless a product description at checkout expressly says otherwise. Ordering a Buyer Brief and a Seller Brief for the same property counts as two briefs.
• Plan allotment. Monthly (and other recurring) plans include a stated number of briefs for each allotment period. Allotments reset each month (or each allotment period stated at checkout). Unused briefs in an allotment period do not roll over to a later period unless we expressly state otherwise in writing.
• No prepaid packs. Current public offerings are plan- or order-based brief allotments. We do not currently sell separate prepaid pack SKUs; if that changes, checkout will say so expressly.
• Monthly and annual plans — auto-renew. Monthly and annual plans are recurring subscriptions. A monthly plan bills each month; an annual plan bills once per year for the full year at the annual price shown at checkout. On an annual plan, brief allotments still reset each month, and unused briefs do not roll over. By purchasing a plan, you authorize Penny Wesley LLC (via our payment processor) to charge your payment method automatically at the start of each billing period for the then-current plan price (plus any tax shown), until you cancel. Renewal continues unless you cancel before the renewal charge.
• What renews. Each renewal charges the subscription fee for that billing period and restores the plan’s brief allotment for the new allotment period. Unused briefs still do not roll over.
• Price changes. If we change the recurring price, we will disclose the new price before it applies to a renewal (for example by email or in-portal notice). Continued use after the effective date of a disclosed price change constitutes acceptance for subsequent renewals. The amount and product description shown at checkout control for the initial purchase (including any tax displayed).
• How to cancel. Cancel anytime by emailing [email protected] before the next renewal charge (or in your portal account billing/subscription settings when that option is available). Cancellation takes effect at the end of the then-current billing period: you keep access and any remaining briefs in the current allotment through that period; the next renewal does not charge. Cancel does not create a cash refund for unused days or unused briefs (see Section 7).
• Failed renewal payments. If a renewal charge fails, we may retry per our processor’s rules, suspend access until payment succeeds, or cancel the subscription after failed retries.
• Pay before research. Full payment (or a cleared invoice under a policy we approve) is required before research starts on a brief.
• Taxes. Listed plan and order prices are generally pre-tax. Where required by law, applicable sales tax (or similar taxes) may be calculated, shown at checkout, and added to the amount due, including on renewals. You are responsible for any taxes that apply to your purchase, other than taxes on our income.
• Invoices. For approved brokerage invoices, default terms are NET-7 via Stripe Invoicing when offered. Pay-before-research remains the default unless we expressly approve starting research before funds clear. Recurring invoice arrangements, if offered, renew on the stated schedule until cancelled under the same rules.

7. Refunds

Because research is customized to an address and payment is required before work starts, purchases are final once payment clears.

• No cash refunds for unused briefs (including unused plan allotment briefs) or mid-period / mid-month cancellations (including no prorated refund of the current billing period, whether that period is a month or a year).
• Monthly and annual plans: you may cancel anytime; access and any remaining briefs in the current allotment continue through the end of the then-current billing period. Cancel stops the next renewal; it does not create a cash refund for unused days or unused briefs.
• Exceptions only: (a) a billing error we caused (duplicate or wrong amount); (b) we cancel or cannot fulfill an order — we refund or credit the affected amount; (c) rights that cannot be waived under applicable law.
• How to request an exception review: email [email protected] with your Stripe receipt or invoice ID.
• Chargebacks / disputes: we may pause fulfillment on a disputed payment until resolved.

Nothing in this section limits rights that cannot be waived under applicable law. This Section 7 is the complete refund policy (there is no separate Refunds page).

8. Intellectual property

We own the brief templates, software, branding, and underlying systems. You receive a limited license to use delivered briefs for your real estate practice and to share them with clients and other transaction parties as appropriate. You may not scrape the site, copy our templates for a competing service, or reverse engineer the service.

9. Disclaimers

(See also Section 4 — research disclaimer / not appraisal or AVM.)

THE SERVICE AND BRIEFS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT BRIEFS ARE COMPLETE, ACCURATE, OR ERROR-FREE.

10. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

• PENNY WESLEY LLC WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR LOST-PROFITS DAMAGES, OR FOR RELIANCE ON A BRIEF.
• OUR TOTAL LIABILITY FOR A CLAIM RELATING TO AN ORDER WILL NOT EXCEED THE AMOUNT YOU PAID PENNY WESLEY LLC FOR THAT ORDER IN THE THREE (3) MONTHS BEFORE THE CLAIM.
• NO INDIVIDUAL LIABILITY. UNDER NO CIRCUMSTANCES WILL ANY MEMBER, MANAGER, OFFICER, EMPLOYEE, CONTRACTOR, CREATOR, REGISTERED AGENT, OR OTHER NATURAL PERSON AFFILIATED WITH PENNY WESLEY LLC BE PERSONALLY LIABLE TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE, A BRIEF, A PAYMENT, OR THESE TERMS, EXCEPT WHERE APPLICABLE LAW EXPRESSLY FORBIDS THIS LIMITATION FOR THAT CLAIM.

11. Indemnity

You will defend and indemnify Penny Wesley LLC and its members, managers, officers, employees, contractors, and agents against claims arising from your misuse of the service, your client advice or disclosures, or your violation of these Terms or law — except to the extent caused by the Company’s willful misconduct. This indemnity is for the benefit of the Company and those individuals; it does not create personal liability of those individuals to you.

12. Privacy

See our Privacy Policy for how we handle personal information. The Privacy Policy is incorporated by reference.

13. Changes and termination

We may update these Terms by posting a new version with a revised effective date. Continued use after posting constitutes acceptance. We may suspend or terminate access for the reasons in Section 3. You may stop using the service at any time; subscriptions and brief allotments are handled under Sections 6–7.

14. Governing law

These Terms are governed by the laws of the State of New Hampshire, without regard to conflict-of-law rules. Courts located in New Hampshire shall have exclusive jurisdiction, unless applicable law requires otherwise.

15. Contact

Penny Wesley LLC (only)
Public contact (legal, support & refunds): [email protected]
(New Hampshire limited liability company. No personal name, home address, personal email, or personal phone is published as company contact.)

Do not treat personal email addresses, social accounts, or names of individuals as a separate contracting party.