Terms of Service
These terms govern your use of Pooky Books' website and services. The short version: be respectful, pay your invoices, and we'll deliver the work that turns your idea into a book. The long version is below.
- 100% rights transfer
- Fixed fee per SOW
- Net-15 payment
- NY governing law
1. Acceptance
By using this site or engaging our services, you agree to these terms. If you're entering into an engagement on behalf of a company, you represent that you have authority to bind that company.
2. The services
Pooky Books provides end-to-end ebook production — writing, editing, cover design, interior layout, publishing distribution, marketing, audiobook production, author websites, and print on demand. Each engagement is governed by a signed Statement of Work ("SOW") that supersedes anything on this page.
3. Eligibility
You must be at least 18 years old and able to enter a binding contract. Our services are intended for business and professional use.
4. Ownership and IP
On final payment for an SOW, all rights, royalties, and intellectual property in the work product transfer to you. We keep zero backend, no equity, no reversion clauses. The book is yours.
Until final payment, we retain title to all deliverables. We retain the right to use anonymized case studies and aggregated metrics (e.g., "our authors earn an average of X royalties in year one") for marketing, unless you sign a confidentiality addendum.
Our pre-existing tools, frameworks, methodologies, and templates remain our property and are licensed to you for use in the deliverables.
5. Client responsibilities
- Timely feedback. Each SOW specifies a review window per round. If feedback is late, the timeline slips by an equivalent amount.
- Lawful content. You warrant that any material you provide (existing manuscripts, anecdotes, research) does not infringe third-party rights or violate any law.
- Truth in claims. You are responsible for the factual accuracy of the book's content. We fact-check but cannot guarantee zero error.
- Credentials. If the book markets you as having credentials you do not hold, that's on you. We don't fabricate endorsements, awards, or background.
6. Pricing and payment
Pricing is fixed-fee per SOW unless explicitly stated otherwise. Invoices are due net-15 unless your SOW specifies otherwise. Late payment accrues interest at 1.5% per month. We pause work on overdue accounts.
7. Revisions and scope changes
Each SOW specifies included revision rounds. Additional rounds are billed at our then-current hourly rate, agreed in writing before work begins. Out-of-scope requests (e.g., adding a chapter after manuscript lock) are quoted separately.
8. Refunds and cancellation
- We cancel for any reason → 100% refund of unearned fees.
- You cancel before drafting begins → 80% refund (retainer covers scoping and research).
- You cancel mid-draft → fees are non-refundable, but you keep all completed work delivered to date.
- You cancel post-final-delivery → no refund; the work is yours.
9. Confidentiality
Your manuscript, business, and personal information are confidential. We don't announce, screenshot, or feature clients in marketing materials without written permission. Our team signs NDAs as a matter of course.
10. Marketing and publicity
For services that include marketing, you authorize us to act on your behalf with retailers, podcast producers, and PR outlets using the brand assets you provide. You can revoke this authorization in writing; we'll stop new outreach within 5 business days.
11. Disclaimers
We don't guarantee bestseller rankings — we guarantee the work that produces them (research, positioning, design, full-funnel launch). Past performance is not a guarantee of future results. Royalties, media placements, and inbound leads are influenced by factors outside our control.
This website and its content are provided "as is" without warranties of any kind, express or implied.
12. Limitation of liability
To the maximum extent permitted by law, Pooky Books' total liability arising from or related to your use of our services is limited to the amount you paid us in the 12 months preceding the claim. We are not liable for indirect, incidental, special, consequential, or punitive damages.
13. Indemnification
You indemnify us against any third-party claim arising from (a) material you provided that infringes IP or violates law, or (b) factual claims in the book that prove false.
14. Termination
We may terminate or suspend your access to our site or services for material breach of these terms, non-payment, or behavior that endangers our team. On termination, sections 4 (ownership of delivered work), 9 (confidentiality), 12 (limitation), and 16 (governing law) survive.
15. Dispute resolution
We try to resolve disputes informally first. Email legal@pookybooks.com and we'll respond within 10 business days. If we can't resolve it, disputes go to binding arbitration in New York, NY under JAMS rules, except for injunctive relief claims which go to court.
16. Governing law
These terms are governed by the laws of the State of New York, USA, without regard to conflict-of-laws principles.
17. Changes
We may update these terms periodically. Material changes apply prospectively only and we'll notify active clients by email.
18. Contact
Pooky Books, Inc.
228 Park Ave S, PMB 47128
New York, NY 10003, USA
legal@pookybooks.com