Terms of Service

Last Updated: August 2025

Effective Date: August 2025

1. Acceptance of Terms

By downloading, installing, accessing, or using Ping & Wink ("Service", "App"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). If you do not agree, DO NOT USE THE SERVICE.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

• This is an experimental service by an individual developer
• You use the Service entirely at your own risk
• The developer assumes no responsibility whatsoever
• You waive all rights to claims or damages

2. Description of Service

Ping & Wink is a location-based emotional expression platform that allows users to:

• Share emotional states ("vibes") anonymously on a map
• View emotions of other anonymous users nearby
• Send connection requests ("pings")
• Respond to connections ("winks")
• Engage in time-limited chat sessions ("sparks")

Note: All vibes automatically expire after 3 hours. All chats expire after 16 minutes maximum.

3. Age Requirements and Eligibility

You must be at least 13 years old to use this Service. Users under 18 should have parental consent. The developer cannot and does not verify ages or parental consent.

4. NO WARRANTIES - USE AT YOUR OWN RISK

THE DEVELOPER DOES NOT WARRANT THAT:

• The Service will meet your requirements or expectations
• The Service will be uninterrupted, timely, secure, or error-free
• Any information obtained will be accurate or reliable
• The Service is free from viruses or harmful components
• Any errors will be corrected

5. COMPLETE DISCLAIMER OF LIABILITY

6. User Conduct and Responsibilities

YOU ARE SOLELY RESPONSIBLE for your conduct and any consequences. The developer cannot monitor, moderate, or control user behavior.

Prohibited conduct includes but is not limited to:

• Illegal activities
• Harassment, threats, or harm to others
• Sharing personal information
• Sexual or inappropriate content
• Hate speech or discrimination
• Spam or commercial use
• Hacking or unauthorized access attempts

However, the developer has NO ABILITY to enforce these rules and takes NO RESPONSIBILITY for user violations.

7. User Interactions - ENTIRELY AT YOUR OWN RISK

8. Privacy and Data

The Service collects minimal anonymous data. Location is only used when actively sharing emotions and deleted after 3 hours. See Privacy Policy for details. However, the developer CANNOT GUARANTEE data security or privacy.

9. Intellectual Property

The Service and its content are owned by the individual developer. You may not copy, modify, or reverse engineer any part of the Service.

10. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS the individual developer from ANY AND ALL claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violations of these Terms
• Your interactions with other users
• Any harm caused to third parties
• Any real-world consequences from app use

11. Termination

The developer may terminate your access at any time for any reason or no reason, without notice. The Service may be discontinued at any time without notice.

12. Governing Law and Disputes

12.1 Governing Law

These Terms are governed by the laws of France and the European Union.

12.2 Jurisdiction

Any disputes shall be resolved exclusively in the courts of France. You waive any objection to jurisdiction or venue.

12.3 Class Action Waiver

YOU WAIVE ANY RIGHT TO BRING CLAIMS AS A CLASS ACTION OR IN ANY REPRESENTATIVE CAPACITY.

13. Severability and Entire Agreement

If any provision is invalid, the remaining provisions continue in effect. These Terms constitute the entire agreement between you and the developer.

14. No Waiver

Failure to enforce any provision does not waive the developer's right to enforce it later.

15. Contact Information

For any questions (no guarantee of response):

Email: pingandwink@gmail.com

Location: France (European Union)

16. Final Acknowledgment