Pengu Package Protection Terms and Conditions

Last Updated: April 24, 2026

These Terms and Conditions (“Terms”) form a legally binding agreement between you (“you” or “Customer”) and Pudgy Penguins (the “Company,” “we,” “us,” or “our”) regarding your purchase and use of Pengu Package Protection. By purchasing Pengu Package Protection at checkout, you confirm that you have read, understood, and agree to be bound by these Terms.

If you do not agree to these Terms, do not purchase Pengu Package Protection.

We may update these Terms from time to time. We will post the revised version on our website and update the “Last Updated” date. Your continued use of Pengu Package Protection after any changes constitutes your acceptance of the new Terms.

1. Description of Service

Pengu Package Protection is an optional add-on service that protects eligible orders against loss, damage, or theft while the package is in transit with the carrier. When you add Pengu Package Protection to your order, we agree to either replace the merchandise or issue a refund for the covered items in accordance with the Pengu Package Protection Policy.

Pengu Package Protection is not insurance. It is a limited service guarantee provided directly by us.

2. Eligibility and Purchase

• Pengu Package Protection can only be purchased at the time of checkout and cannot be added to an order after it has been placed.
• Coverage applies only to the shipping address provided at checkout.
• You must be at least 18 years old (or the age of majority in your jurisdiction) to purchase protection.
• Protection is non-transferable and applies only to the specific order it was purchased with.

3. What Is Covered / Not Covered

Please refer to our Pengu Package Protection Policy for full details on coverage, exclusions, claim timelines, and required documentation. That policy is incorporated into these Terms by reference.

4. Intellectual Property

All content, logos, designs, and materials related to Pengu Package Protection are owned by or licensed to Pudgy Penguins and are protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, modify, or commercially exploit any of our intellectual property without our prior written consent.

5. User Representations and Warranties

By purchasing Pengu Package Protection, you represent and warrant that:

• All information you provide is true, accurate, current, and complete.
• You have the legal capacity to enter into these Terms.
• Your purchase and use of the protection will comply with all applicable laws.
• You will not use the service for any fraudulent or illegal purpose.

6. Cancellation and Refunds

All purchases of Pengu Package Protection are final and non-refundable once the order has shipped. If you are unsatisfied with the service for any reason before your order ships, please contact our support team at [email protected]

7. Prohibited Conduct

You agree not to:

• Attempt to defraud or abuse the protection service.
• File false or misleading claims.
• Interfere with or disrupt our systems or the claims process.
• Use any automated means to access or interact with the service.
• Engage in any conduct that violates applicable law or these Terms.

Any violation may result in immediate denial of claims, termination of protection, and potential legal action.

8. Claims Process

All claims must be submitted in accordance with the Pengu Package Protection Policy. We reserve the right to investigate claims and may require additional documentation. We will respond to valid claims within a reasonable timeframe (typically within 24 business hours of submission).

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO PENGU PACKAGE PROTECTION IS LIMITED TO THE AMOUNT YOU PAID FOR THE PROTECTION ON THAT SPECIFIC ORDER. WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Disclaimers

Pengu Package Protection is provided “AS IS” and “AS AVAILABLE.” We do not guarantee that the service will be error-free or uninterrupted. We make no warranties beyond those expressly stated in the Pengu Package Protection Policy.

11. Privacy

Your personal information is handled in accordance with our Privacy Policy, which is incorporated into these Terms.

12. Termination

We may suspend or terminate your protection (or deny future claims) at any time if we reasonably believe you have violated these Terms or engaged in fraudulent activity.

13. Governing Law

These Terms shall be governed by the laws of the State of [Your State – e.g., Arizona], without regard to conflict of laws principles. Any disputes shall be resolved exclusively in the state or federal courts located in [Your County/City, e.g., Maricopa County, Arizona].

14. Miscellaneous

• These Terms constitute the entire agreement between you and us regarding Pengu Package Protection.
• If any provision is found to be unenforceable, the remaining provisions remain in full force.
• Our failure to enforce any right does not constitute a waiver.
• You may not assign these Terms without our prior written consent.

By purchasing Pengu Package Protection, you acknowledge that you have read, understood, and agree to these Terms and Conditions and the Pengu Package Protection Policy.

Questions? Contact us at [email protected]