Legal

Terms of Service

PEND AI, LLC  ·  Last updated: January 2, 2026

Notice of Arbitration Provisions
YOUR USE OF THE SERVICES IS SUBJECT TO BINDING BILATERAL ARBITRATION OF ANY DISPUTES WHICH MAY ARISE, INCLUDING THE MASS ARBITRATION PROCEDURES AND GUIDELINES (AS APPLICABLE), AS PROVIDED BELOW AND IN THESE TERMS OF SERVICE. PLEASE READ THE ARBITRATION PROVISIONS CAREFULLY AND DO NOT USE THE SERVICES IF YOU ARE UNWILLING TO ARBITRATE ANY DISPUTES YOU MAY HAVE WITH US AS PROVIDED BELOW.

These Terms of Service govern your use of PEND AI, a service owned and operated by PEND AI, LLC ("PEND AI", "Company", "We", "Our", or "Us"), which includes our website, diagnostic assessment tools, individual result pages, institutional reports, working sessions, advisory engagements, and all related software, data, analytics, and other services provided by us (collectively, the "Services").

This document, together with our Privacy Policy and any other terms specifically referred to herein, constitute a legally binding agreement (the "Agreement" or "Terms") between you and the Company in relation to your use of our Services. If you do not agree with these Terms, do not use the Services.

1. Nature of Services and Disclaimer of Professional Advice

1.1 Informational and Developmental Purpose

PEND AI provides diagnostic assessments, institutional reports, facilitated working sessions, and enablement services designed to help individuals, teams, and organizations gain insight into how they approach AI-driven change and build practical AI capability. All insights, assessments, reports, session outputs, and recommendations provided through the Services are for informational and developmental purposes only.

1.2 Not Professional Advice

The Services are not intended to provide, and do not constitute, psychological, medical, clinical, therapeutic, legal, financial, employment, or any other form of licensed professional advice. PEND AI does not engage in the practice of psychology, medicine, therapy, counseling, or any licensed profession. We do not diagnose conditions, prescribe treatments, or render professional opinions on matters requiring licensed expertise.

Working sessions and advisory engagements provided through the Services are facilitated professional development activities. Any tools, policies, frameworks, or other materials developed during working sessions are created collaboratively with and owned by the client institution. PEND AI does not provide legal, compliance, or regulatory advice in connection with any such materials.

1.3 No Substitute for Professional Evaluation

The insights, assessments, and content provided through the Services are not a substitute for professional evaluation, diagnosis, treatment, or consultation with qualified professionals. Users should not rely on our Services as a basis for making decisions regarding employment, healthcare, legal matters, or other areas requiring professional judgment.

1.4 No Warranty of Accuracy

Although our Services may reference organizational dynamics, workplace behaviors, pedagogical concepts, or artificial intelligence topics, we make no warranty whatsoever that any assessments, reports, session outputs, or content are accurate, up-to-date, complete, or error-free.

1.5 Assumption of Risk

No one at PEND AI can take any responsibility for the results or consequences of any attempt to use, adopt, or implement any of the information, insights, recommendations, assessments, or materials produced through our Services. You use the Services entirely at your own risk.

2. Data Controller and Privacy

2.1 Data Controller Identification

For all data you submit through the Services, the Data Controller is:

PEND AI, LLC
Delaware, United States
Contact: info@getpend.ai

2.2 Organizational Administration

When an organization administers assessments to its members through the Services, that organization may act as a joint controller or an independent controller, depending on its contractual agreement with PEND AI LLC.

2.3 Privacy Policy Incorporation

All personal data that you provide to us in connection with your use of the Services is collected, stored, used, and disclosed by the Company in accordance with our Privacy Policy, which complies with applicable data protection laws including the California Consumer Privacy Act (CCPA) and General Data Protection Regulation (GDPR).

3. Acceptance of Terms

Please read these Terms and our Privacy Policy carefully. BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY.

These Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity, and PEND AI LLC, concerning your access to and use of the Services.

4. Eligibility

The Services are intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of the Services, you warrant and represent that you are at least eighteen (18) years old.

If you are using the Services on behalf of an organization — including as part of an institutional diagnostic engagement, working session, or advisory arrangement — you represent and warrant that you have the authority to bind that organization to these Terms and to any separate engagement agreement entered into with PEND AI LLC.

5. Changes to Terms

We reserve the right to change, alter, replace, or otherwise modify these Terms at any time. The date of last modification is stated at the beginning of these Terms.

When we make any updates to these Terms, we will highlight this fact on the website. Your continued use of the Services will constitute your acceptance of the revised Terms.

6. Description of Services

PEND AI provides a range of people-first AI enablement services for educational institutions, including but not limited to:

Diagnostic assessments — ipsative assessments that surface how individuals and institutions think about, work with, and are supported in their use of AI. Assessments are administered to individuals and produce both individual result pages and aggregate institutional reports.

Configure sessions — facilitated 90-minute sessions in which institutional leadership reviews diagnostic findings and prioritizes the scope of subsequent working sessions.

Working sessions — facilitated sessions in which institutional teams collaboratively develop tools, policies, workflows, teaching practices, and other materials for immediate institutional use. Materials developed in working sessions are owned by the client institution.

Speaking and workshops — keynote presentations, faculty development sessions, and other educational engagements related to AI in education, AI enablement, and related topics.

Additional advisory engagements — custom consulting, diagnostic-only engagements, and other arrangements as agreed in writing between the parties.

We may, from time to time, introduce new services and features. Any new services will be subject to these Terms unless otherwise specified in a separate written agreement.

7. User Accounts

7.1 Account Creation

When you create a PEND AI account, we may ask for your full name, email address, organizational affiliation, and for you to create a password. All account information will be treated in accordance with our Privacy Policy.

7.2 Account Security

You are solely responsible for maintaining the confidentiality and security of your login and account information.

7.3 Account Termination

We reserve the right to suspend, terminate, and delete your account if activities occur that violate these Terms. You may terminate your account at any time by contacting us at info@getpend.ai.

8. Payment and Refund Policy

Payment for Services may be made by credit card (Visa, MasterCard, American Express, Discover), ACH transfer, wire transfer, institutional check, or other payment methods we may designate. Institutional clients may be invoiced in accordance with a separate engagement agreement.

Refunds will be given in accordance with the terms set out for your particular order or service package. You may be entitled to a full or partial refund in cases where there has been a major failure in the provision of Services. Refund terms for working session engagements will be specified in the applicable engagement agreement.

9. Intellectual Property Rights

The Services and their entire contents, features, and functionality — including the diagnostic instrument, scoring methodology, report templates, and all related software and data — are owned by the Company, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

These Terms permit you to use the Services for your personal or internal organizational use only. Materials collaboratively developed during working sessions are owned by the client institution as specified in the applicable engagement agreement. The underlying diagnostic instrument, methodology, and scoring logic remain the intellectual property of PEND AI LLC.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS."

ALL CONTENT, ASSESSMENTS, REPORTS, AND SESSION OUTPUTS CREATED BY OR THROUGH PEND AI ARE FOR INFORMATIONAL AND DEVELOPMENTAL PURPOSES ONLY. WE ARE NOT PSYCHOLOGISTS, THERAPISTS, PHYSICIANS, ATTORNEYS, OR LICENSED PROFESSIONALS AND DO NOT PROVIDE PROFESSIONAL ADVICE OF ANY KIND.

YOU AGREE THAT YOUR USE OF OR RELIANCE ON THE SERVICES IS MADE ENTIRELY AT YOUR OWN RISK.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.

12. Binding Arbitration of Disputes

Any Dispute shall be resolved exclusively by final and binding arbitration administered by JAMS (Judicial Arbitration and Mediation Services), conducted in accordance with the JAMS Arbitration Rules & Procedures.

By using or interacting with the Services, you agree to binding arbitration as provided in these Terms.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware and the laws of the United States, without giving effect to any principles of conflicts of law.

14. Contact Information

PEND AI LLCFor questions or comments about these Terms, please contact us at info@getpend.ai

254 Chapman Rd, Ste 208 #25719
Newark, DE 19702