Last Updated: October 21, 2025
Effective Date: October 21, 2025
IMPORTANT LEGAL NOTICE: This agreement contains binding arbitration and class action waiver provisions that affect your legal rights. By using this service, you agree to resolve disputes through individual arbitration rather than court proceedings or class actions. Please read these terms carefully before using the application.
These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," "your") and the operator of Ping&Wink ("Service," "Application," "App," "we," "us," "our"). By accessing, downloading, installing, or using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.
If you do not agree to all provisions of these Terms, you must immediately cease all use of the Service and uninstall the Application from your device. Continued use of the Service constitutes your acceptance of these Terms and any subsequent modifications thereto.
Ping&Wink is a location-based anonymous social application that provides the following functionality:
Temporal Limitations:
Service Availability Disclaimer: The Service is provided on an "as available" basis. We make no representations or warranties regarding service uptime, availability, reliability, or continuity. The Service may be modified, suspended, or discontinued at any time without prior notice or liability.
ADULT-ONLY SERVICE (18+ STRICT REQUIREMENT): This Service is exclusively for individuals who are at least 18 years of age or the age of majority in their jurisdiction, whichever is higher. Users under 18 are strictly prohibited under any circumstances. By using this Service, you represent, warrant, and covenant that you meet this age requirement and have the legal capacity to enter into this binding agreement.
Age Verification: The Service requires users to provide their birth year during initial setup. While we implement this verification mechanism, we make no representations or warranties regarding the accuracy of user-provided age information. Users are solely responsible for providing truthful information.
Prohibited Minor Access: Individuals under 18 years of age are strictly prohibited from accessing or using the Service under any circumstances. We reserve the right to terminate access for any user suspected of being under 18 years of age, with or without notice.
No Liability for Minor Access: We assume no responsibility or liability for minors who gain unauthorized access to the Service by providing false age information or otherwise circumventing age verification mechanisms.
The Service operates using anonymous device identifiers rather than traditional user accounts:
Device Security: You are responsible for maintaining the security of your device and preventing unauthorized access. We are not liable for any unauthorized use of your device identifier resulting from device loss, theft, or inadequate security measures.
Users are strictly prohibited from engaging in the following conduct while using the Service:
While we provide certain safety features, you acknowledge and agree that:
Limited Moderation Disclaimer: This Service is operated by a single individual with no dedicated moderation team. Content moderation is limited to automated systems and user-initiated reporting mechanisms. We make no representations or warranties regarding our ability to review, monitor, or moderate user content or behavior.
User-Initiated Enforcement Tools:
Enforcement Limitations: You acknowledge and agree that:
Content Removal: We reserve the right, but have no obligation, to remove any content, suspend access, or terminate accounts at any time, for any reason or no reason, with or without notice.
The Service, including all software, code, designs, graphics, logos, trademarks, text, and other content (excluding user-generated content), is owned by us or our licensors and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes in accordance with these Terms. This license does not grant you any rights to:
You retain ownership of any content you create or submit through the Service ("User Content"). However, by submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, display, and distribute your User Content solely for the purposes of:
This license terminates when your User Content is automatically deleted according to our data retention policies, except for anonymized aggregated data which may be retained indefinitely.
Content Responsibility: You represent and warrant that you own or have the necessary rights to all User Content you submit, and that such content does not violate any third-party rights or applicable laws.
Your use of the Service is also governed by our Privacy Policy, available at https://pingandwink.com/privacy.html, which is incorporated into these Terms by reference.
Key Privacy Points:
These Terms of Service are part of an integrated legal framework that includes:
In Case of Conflict:
All documents must be read together as a cohesive legal framework. Users are responsible for reviewing all documents periodically.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
Specific Service Limitations:
User Interaction Disclaimer: Any interactions with other users, whether through the Service or resulting from use of the Service (including in-person meetings), are entirely at your own risk. We assume no responsibility for user behavior, identity misrepresentation, or consequences of user interactions.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.
This limitation applies regardless of:
Specific Limitations: We shall not be liable for:
Maximum Aggregate Liability: To the extent liability cannot be excluded by applicable law, our total aggregate liability to you for all claims arising from or related to the Service shall not exceed the greater of: (a) ten euros (€10.00), or (b) the amount you have paid us for access to the Service in the twelve (12) months preceding the claim, if any.
Jurisdictional Limitations: Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend, and hold harmless Ping&Wink, its operator, affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, and representatives (collectively, "Indemnified Parties") from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees and court costs) arising from or relating to:
This indemnification obligation survives termination of these Terms and your use of the Service. We reserve the right to assume exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with our defense of such claim.
We reserve the right to modify, amend, or update these Terms at any time, at our sole discretion, with or without notice. Modifications become effective immediately upon:
Your Responsibility to Review: It is your responsibility to review these Terms periodically for changes. Your continued use of the Service following the posting of modifications constitutes your acceptance of such modifications.
If you do not agree to modified Terms, your sole remedy is to discontinue use of the Service immediately. We are not obligated to provide individual notice of changes or maintain prior versions of Terms for your review.
You may terminate your use of the Service at any time by:
We reserve the right to suspend or terminate your access to the Service, in whole or in part, at any time, for any reason or no reason, with or without notice. Grounds for termination may include, but are not limited to:
Upon termination of your access:
Termination does not limit any other rights or remedies available to us under these Terms or applicable law.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Before initiating arbitration or legal proceedings, you agree to first contact us at hello@pingandwink.com to attempt to resolve the dispute informally. Provide a detailed description of the dispute and your proposed resolution. We will respond within thirty (30) days and attempt to reach a mutually agreeable resolution.
If informal resolution is unsuccessful, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved through binding arbitration rather than in court, except as provided below.
Arbitration shall be conducted by a single arbitrator in accordance with the rules of a recognized arbitration body to be mutually agreed upon, or if no agreement can be reached, the arbitration shall proceed under French law. The arbitration shall take place in France, and the arbitrator's decision shall be final and binding.
You agree that disputes must be brought on an individual basis only, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted.
Either party may bring a lawsuit in court for:
These Terms and any disputes arising from or related to the Service shall be governed by and construed in accordance with the laws of France and the European Union, without regard to conflict of law principles. To the extent arbitration does not apply, you consent to the exclusive jurisdiction of the courts located in France.
These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements, understandings, and communications, whether written or oral.
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, shall be severed from these Terms. The remaining provisions shall continue in full force and effect.
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.
We may assign, transfer, or delegate these Terms and our rights and obligations hereunder, in whole or in part, to any third party at any time without notice or your consent. You may not assign, transfer, or delegate these Terms or your rights and obligations without our prior written consent. Any attempted assignment in violation of this section shall be void.
We shall not be liable for any delay or failure to perform our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
The Service may be subject to export control and economic sanctions laws of the European Union, France, and other jurisdictions. You represent and warrant that you are not located in, under the control of, or a national or resident of any country subject to comprehensive sanctions, and that you are not on any government list of prohibited or restricted parties.
No agency, partnership, joint venture, or employment relationship is created between you and us as a result of these Terms or your use of the Service. You have no authority to bind us in any respect.
We may provide notices to you through the Service, via email, or by posting on our website. You consent to receive electronic communications and agree that such communications satisfy any legal requirement that communications be in writing. Notices to us must be sent to hello@pingandwink.com.
If you download the Service from the Apple App Store, the following additional terms apply:
For questions, concerns, or notices regarding these Terms or the Service, please contact us:
Email: hello@pingandwink.com
Alternate Email: pingandwink@gmail.com
Website: https://pingandwink.com
Response Time: We aim to respond within 48-72 business hours. However, response times are not guaranteed and may be longer during periods of high volume or operational constraints.
BY ACCESSING OR USING THIS SERVICE, YOU ACKNOWLEDGE AND AGREE THAT: