Terms of
Service
Welcome to Wink!
Thank you for signing up to use our products, including the family of Wink applications, including Wink and Wink Social (collectively, the “Wink Platform”), website (the “Site”), and services, features, content, applications and widgets offered on the Wink Platform and Site (together, we’ll call these the “Services”). The Services are provided by Euphorica, Inc. (“Wink” or “we”). The term “you” or “User” refers to the person or entity accessing or otherwise using our Services. These Terms of Service (or “Terms” for short) describe the rules of Wink’s relationship with you and apply to your use of the Services. They are a legal agreement, so please read them carefully.
By registering for and/or using the Services in any manner, including but not limited to phone number, name, and user name, you agree to all of the terms and conditions contained in these Terms, which also incorporate Wink’s Privacy Policy and Community Guidelines applicable to the Wink Applications, and all other operating rules, policies and procedures that may be published from time to time on the Wink Platform by Wink each of which may be updated by Wink from time to time without notice to you in accordance with the terms set out under the "Updates to These Terms" section below. In addition, some services offered through the Services may be subject to additional terms and conditions specified by Wink from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms by reference. These Terms apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services on the Site, individual users of the Services, venues that access the Services, and users that have a page on the Services. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THESE SERVICES.
The Wink Platform includes the Wink and Wink Social mobile applications, each of which enable people to meet new friends. Neither Wink or Soda are dating apps and are not intended to be used as a matchmaking service. ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 17, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND WINK ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 17)
1. Who Can Use the Wink Platform
You may browse the Site and view content without registering or purchasing a subscription, but as a condition to using certain aspects of the Services, including Wink and Wink Social, you are required to register with Wink and represent, warrant and covenant that you provide Wink with accurate and complete registration information (including, but not limited to user name (“User Name”), e-mail address and/or mobile telephone number, profile name, picture and a password you will use to access the Services) and to keep your registration information accurate and up-to-date. You will be able to use your User Name and registration information to sign in to all applications that you are eligible to use on the Wink Platform. Failure to provide accurate and up-to-date information shall constitute a breach of these Terms, which may result in immediate termination of your Wink Platform account. We recommend, but do not require, that you use your own name as your User Name so your friends can recognize you more easily. Wink will have the right to use your registration information in connection with servicing and operating the Wink Platform. In furtherance of serving and operating the Wink Platform, your registration and account information and associated data will be shared and available across all Wink products that you are eligible to access. You agree:
(i) to restrict access by any other person or entity to your password or other login information,
(ii) to not knowingly use the name or email of any other person without authorization,
(iii) to not use an email or profile name that is profane, offensive or otherwise inappropriate,
(iv) to not allow any third party to use your login information, registration information or User account, and
(v) to notify Wink of any breach of security by promptly sending Wink an e-mail to support@euphorica.ai.
You agree that you will be liable for all activities that occur under your User account, even if such activities were not committed by you. Wink is not responsible for any loss or damage as a result of someone else using your User account, registration information or password with or without your knowledge. You acknowledge and agree that certain User account information (such as your account profile name and/or picture) that you provide in connection with the registration of your account will be publicly viewable by all Users of the Wink Platform.
We want our Service to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to a few restrictions in order to be part of the Wink community.
THE WINK PLATFORM IS NOT FOR PERSONS UNDER THE AGE OF 13 OR FOR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICES BY WINK. IF YOU ARE UNDER 13 YEARS OF AGE, THEN YOU MUST NOT USE OR ACCESS THE WINK PLATFORM AT ANY TIME OR IN ANY MANNER.
Furthermore, by using the Wink App, you affirm that either you are at least 18 years of age. If you are using the Services on behalf of an entity, then you represent and warrant that you have the authority to bind that entity or organization to these Terms and you agree to be bound by these Terms on behalf of that entity or organization.
To the extent that any Wink Platform application includes special age requirements, such requirements are summarized below. In addition, you must not be prohibited from receiving any aspect of our Services under applicable laws or engaging in payments related to the Services. For example, you must not be a convicted sex offender or on an applicable denied party listing.
Wink complies with all applicable laws, including those pertaining to the protection of minors. We do not permit the Wink Platform to be used to publish, submit/receive, upload/download, post, use, copy or otherwise produce, transmit, distribute or store child pornography or content otherwise depicting child exploitation.
We have zero tolerance for predatory behavior on Wink Platform, and we will report any discovered violation of the prohibition on child pornography or other instances of child exploitation to the National Center for Missing and Exploited Children, who works with global law enforcement agencies to investigate such unlawful behavior. We will also take steps to remove child pornography or content otherwise depicting child exploitation (or otherwise block access to the content determined to contain child pornography or exploitation) from the Wink Platform. Suspected violations of this prohibition may be reported to Wink at the following e-mail address: legal@euphorica.ai. For more information about online safety, visit www.ncmec.org. Finally, we must not have previously disabled your account for violation of law or any of our policies.
2. PAID SERVICE
General. If you purchase any functionality of the Service that Wink Platform may, from time to time, offer for a fee (the “Paid Service”), including but not limited to, a paid subscription to our Service or any paid in-Service features (if any), you authorize Wink Platform and our designated payment processors to store your payment information and other related information. You also agree to pay the applicable fees for the Paid Service (including without limitation periodic fees for ongoing subscriptions (the “Subscription Fees”) as set forth on the Service) as they become due plus all related taxes (including without limitation sales and use taxes, duties or other governmental taxes or fees), and to reimburse us for all collection costs and interest for any overdue amounts. All fees and charges are nonrefundable and there are no refunds or credits for any partially used Paid Service (including partially used subscription periods) except (i) as expressly set forth in this Terms, (ii) as otherwise required by applicable law and (iii) at Wink Platform sole and absolute discretion. You can also find more relevant information on our refund approaches toward some types of the Paid Services within respective Sections hereof. Fees for the Paid Service may be payable in advance, in arrears, per usage or as otherwise described when you purchase the Paid Service. All prices for the Paid Service are subject to change without notice.
Payment Method. Wink Platform may, from time to time, offer various payment methods, including without limitation payment by credit card, by debit card, by check, by certain mobile payment providers or by using PayPal. You authorize Wink Platform to charge you for the Paid Service through any payment method(s) you select when purchasing the Paid Service (the “Payment Method”) and you agree to make payment using such Payment Method(s) (we may, from time to time, receive and use updated payment method information provided by you or that financial institutions or payment processors may provide to us to update information related to your Payment Method(s), such as updated expiration dates or account numbers). Certain Payment Methods, such as credit cards and debit cards, may involve agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Methods (the “Payment Method Provider”). If we do not receive payment from your Payment Method Provider, you agree to directly pay all amounts due upon demand from us. Your non-termination or continued use of the Paid Service reaffirms that we are authorized to charge your Payment Method.
The Paid Service may also be purchased through your accounts with certain third parties, such as your Apple iTunes account, your Google Play account (a “Third Party Account”). If you purchase any Paid Service through a Third Party Account, billing for these Paid Service will appear through your Third Party Account. You should review the Third Party Account’s terms and conditions, which we do not control.
Your subscription will renew automatically for the same amount of time as your original subscription unless you switch off the auto-renew feature at least 24 hours before the end of your current subscription. This is because your account may be charged for renewal within 24 hours prior to the end of your current subscription period. You can manage your subscription and switch off auto-renewal by accessing your iTunes or Google account settings or alternative Payment Method you used. You may not cancel your current subscription during the subscription period, although you may cancel automatic renewal at any time.
Both Apple and Google facilitate “free trials” of subscription products (such as Wink Platform) for first-time users and we take advantage of that ability. For example, from time to time we may offer a free initial week to first-time Wink Platform subscribers. Eligibility for any such trial is limited to users who have not previously subscribed to Wink, through either a current or prior Wink account. If you are a previous Wink Platform subscriber and try to claim a free trial, you should be aware that Apple or Google may recognize your ineligibility. If so, you may not receive a free trial, but instead may be charged immediately for your first subscription month. This is a feature controlled by the Apple App Store or the Google Play Store, depending on which platform you use for Wink. Purchases of Subscriptions are non-refundable and non-transferable, even if they expire or are discontinued. We may change the purchase price for Subscriptions at any time, as well as the features included in Subscriptions. We reserve the right to stop issuing Subscriptions at any time and to set expiration dates for Subscriptions. Subscriptions may not be redeemed for any sum of money or monetary value. If you delete your account or your account is terminated for any reason, you will lose all unused Subscription time without refund or other compensation
Wink Platform reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
3. Your Rights to Use the Services
As between any User and Wink Platform, Wink Platform retains all right, title and interest of all its associated applications (including Wink and Wink Social), throughout the world, in perpetuity, including, without limitation,
(i) all text, graphics, typefaces, formatting, graphs, designs, editorial content, HTML, look and feel, software, and data,
(ii) all business processes, procedures, methods, and techniques used in the Wink Platform,
(iii) all other materials and content uploaded or incorporated into the Wink Platform, including, without limitation, all Wink Platform content (but excluding User Content (defined below), which is owned by the applicable User subject to the User Content license granted to Wink pursuant to these Terms),
(iv) all associated trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world; and
(v) the coordination, selection, arrangement and enhancement of such intellectual property as a Collective Work under the United States Copyright Act, as amended (collectively, “Wink Platform IP”), and nothing contained herein shall be construed as creating or granting to any User any right, title or interest in and to such Wink Platform IP other than the express license granted therein pursuant to these Terms. Wink Platform IP is protected in all forms, media and technologies now known or hereinafter developed as well as by the domestic and international laws of copyright, trademarks, patents, and other proprietary rights and laws.
You acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the Services, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions and usage data, and except as specifically permitted by us in these Terms or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill or value whatsoever. You further acknowledge that, except as specifically permitted by us in these Terms or in another agreement you enter into with us, you (i) have no right to receive any income or other consideration from any User Content or your use of any musical works, sound recordings or audiovisual clips made available to you on or through the Services, including in any User Content created by you, and (ii) are prohibited from exercising any rights to monetize or obtain consideration from any User Content within the Services or on any third party service ( e.g. , you cannot claim User Content that has been uploaded to a social media platform such as YouTube for monetization).
Subject to your compliance with these Terms, including any minimum age requirements applicable to any Wink Platform application, and to any other policies we make available to you from time to time, Wink Platform grants you a personal, worldwide, royalty-free, nontransferable, non-exclusive, revocable, non-sublicensable license to: (a) access and use the Services for your non-commercial use or internal business use, solely as permitted by the tools, products, services, functionalities and/or features of the Wink Platform, subject in all respects to these Terms, and not for redistribution of any kind; (b) download, install and use the Wink Platform on one or more mobile device(s) (e.g. cell phone or tablet), which natively executes an operating system supported by Wink Platform, and that you own or control for your non-commercial use or internal business use; and (c) use products or services offered within the Wink Platform or Site. You agree that any software that we provide you, including the Wink Platform, may automatically download and install upgrades, updates or other new features and regularly send log information to our servers. You may be able to adjust these automatic downloads through your mobile device settings. These updates and upgrades are designed to improve and enhance our Services and can include bug fixes, enhancements and new modules. You consent to the installation of such software, including updates and upgrades (and authorize us to deliver such software to you) as part of your use of our Services. You may withdraw consent by ceasing to use the Services. You may not sell, rent, lease, assign, distribute, copy, modify or host any part of our Services. As well, you may not adapt, merge, make adaptations, translations or derivative works of, disassemble, decompile, reverse compile, attempt to discover the source code or reverse engineer any part of the Services, except to the extent these restrictions are expressly prohibited by applicable law.
4. Rights You Give Us.
We do not claim ownership of your content, but you grant us a license to use it.
Some of our Services assist you with creating, uploading, posting, sending, receiving and storing images (such as your profile photo), screen shots, videos, video chats, messages, and other information (“User Content”). Nothing is changing about your rights in your content. We do not claim ownership of the User Content that you post on or through the Services.
By sharing content on the Wink Platform, you grant Wink a global, non-exclusive license to use, display, and share this content for purposes of operating, promoting, and improving our services. This includes adapting or distributing content across supported features or third-party platforms connected to Wink platform. This license ends when you delete your content or your account, unless your content has been shared with others who haven’t deleted it.
This license, with the right to grant sublicenses, to: (1) generate anonymized or de-identified information (“Aggregated Statistical Information”); and (2) using your User Content as described in the Privacy Policy.
Through-To-The-Audience Rights.
All of the rights you grant in your User Content in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of third party services will not have any separate liability to you or any other third party for User Content posted or used on such third party service via the Services.
Waiver of Rights to User Content.
By posting User Content to or through the Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you post to or through the Services.
To learn more about how we use information, and how to control or delete your content, review the Privacy Policy at www.getwinkapp.com/privacy . You also represent and warrant that you have all necessary rights to perform the foregoing activities in respect of the User Content (including in respect of User Content that contains personal information), having provided all notices and disclosures, obtained all applicable consents and permissions, or otherwise have all authority, in each case as required by applicable laws, to enable us to perform the Services. If you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not post such sound recordings to the Wink Platform unless you have all permissions, clearances from, or are authorized by, the owner of any part of the content to submit it to the Wink Platform. Notwithstanding any other provision in these Terms, you represent and warrant that you will comply with all laws and regulations regarding endorsements or testimonials made by you in any User Content, including that you will (i) make only accurate statements that represent your genuine experience with any product, good or service and (ii) make all required disclosures pursuant to the Federal Trade Commission’s (“FTC”) Guides Concerning the Use of Endorsements and Testimonials in Advertising, as such guides may be amended from time-to-time by the FTC. Follow this link for further information on complying with the FTC’s guidance: https://www.ftc.gov/sites/default/files/documents/one-stops/advertisement-endorsements/091005revisedendorsementguides.pdf .
Permission to use your username and profile picture with accounts, ads, and sponsored content.
You give us permission to show your username, profile photo, and information about your actions (such as messages) next to or in connection with accounts, ads, offers, and other sponsored content that you follow or engage with that are displayed on Wink Platform products, without any compensation to you. As with actions on other content and follows of other accounts, actions on sponsored content and follows of sponsored accounts can be seen only by people who have permission to see that content or follow. While we aren’t required to, we may review, screen and delete your User Content and/or user account at any time if we think it may violate these Terms. You are responsible for the User Content that you send through the Services, including for back up of such content. If you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone's intellectual property or impersonates another user). We’re always happy to hear from you but if you volunteer any feedback or suggestions about Wink Platform or the Services, you agree that you will not submit to us any feedback or suggestions that you consider to be confidential or proprietary and that we can use your feedback and suggestions in any manner we deem is appropriate without compensating you. You acknowledge and agree that Wink Platform may establish general practices and limits concerning use of the Wink Platform, including without limitation the maximum number of days that User Content posted to the Wink Platform will be retained by, or made available through, the Wink Platform, and the maximum storage space that will be allotted on Wink Platform’s servers on your behalf. You agree that Wink Platform has no responsibility or liability for the blocking, deletion or failure to store any User Content maintained or transmitted by the Wink Platform. You further acknowledge that Wink Platform reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice to you.
5. Privacy
Your privacy matters to us. You can learn more about how we handle your information when you use our Services by reading our Privacy Policy at www.getwinkapp.com/privacy . We encourage you to read it carefully because by using our Services you agree that Wink can collect, use and share your information in the ways described in that policy.
6. Safety and Respecting the Rights of Others
Providing a safe and open service for a broad community requires that we all do our part. Accordingly, when using the Services, you agree to the Wink Community Guidelines, at www.getwinkapp.com/community , as well as the following:
- You can't impersonate others or provide inaccurate information. You must provide us with accurate and up to date information (including registration information). Also, you may not impersonate someone you aren't, and you can't create an account for someone else unless you have their express permission.
- You can't do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.
- You can't violate (or help or encourage others to violate) these Terms or our policies. Learn how to report conduct or content in our help center.
- You can't do anything to interfere with or impair the intended operation of the Services.
- You can't attempt to create accounts or access or collect information in unauthorized ways. This includes creating accounts or collecting information in an automated way without our express permission.
- You can't attempt to buy, sell, or transfer any aspect of your account (including your username) or solicit, collect, or use login credentials of other users.
- You can't post private or confidential information or do anything that violates someone else's rights, including intellectual property. Learn more, including how to report content that you think infringes your intellectual property rights, at clause 6 of these Terms.
- You can't use a domain name or URL in your username without our prior written consent.
- You can’t decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction. Without limitation to the foregoing, you may not upload, post, send, comment on or store content that:
- violates or infringes any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- promotes an illegal activity or that impersonates any other person or entity, including Wink Platform;
- is bullying, harassing, abusive, threatening, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual;
- is harmful to minors in any way or targeted at persons under the age of 13 (or such other age as determined by us at our sole discretion, taking into account factors such as the jurisdiction in which you are a resident);
- spams or solicits Wink users to purchase anything;
- requests any form of identification or illegal content from Wink users; or
- interferes with the positive experience of other users of the Wink Platform, at Wink's discretion.
You agree not to use the Services to:
- upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data;
- collect information or data regarding other users, including email addresses or usernames, without their consent (e.g. using harvesting bots, robots, spiders, or scrapers);
- disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Services (e.g. a denial of service attack);
- attempt to gain unauthorized access to the Services or servers or networks connected to the Services (e.g. through password mining); or
- interfere with another user’s use and enjoyment of the Services.
- Sending the same or similar photos, voice and/or text messages, etc. to an unspecified number of Users, indiscriminately adding other Users as friends, and other acts that Wink Platform has determined as spam;
- Acts for the purpose of sales, propaganda, advertising, solicitation, or other profit-making (excluding those permitted by Wink Platform), sexual or obscene acts, soliciting or enticing prostitution, slandering, defaming, harassing or insulting other Users, or using Wink Platform for any purpose other than those prescribed herein;
- Providing benefits to, sympathizing with or supporting criminal organizations and/or anti-social groups that engage in terrorism, violence, drugs, human trafficking, etc.;
- Using Wink Platform for purposes of financial crimes;
- Encouraging other Users to participate in religious activities or join religious organizations;
- Acts that interfere with the server and network system of Wink Platform, acts of illegally manipulating Wink Platform by using BOT, cheating tools, or other technical means, acts of intentionally using Wink’s system failures, acts of making unfair inquiries or requests to Wink Platform (e.g., excessively repeating the same inquiry), or other acts that obstruct or hinder Wink Platform’s operation of or other Users’ use of Wink Platform;
- Generating data through recording, screen capturing, photographing, etc., in the course of using Wink, or leaking such generated data to a third party or distributing it through a third party;
The Wink Platform enables Users to communicate and interact with other Users, including, without limitation, sending messaging between Users and participating in video chats with other users. You are solely responsible for all of your interactions with the Wink Platform and other Users/User Content on or through the Wink Platform. In your interactions with other Users/User Content, you agree to conduct yourself professionally, civilly and respectfully at all times. You acknowledge and agree that Wink Platform will not be responsible for the actions of any Users with respect to any other User or User Content, and that Wink does not actively monitor or police the specific interactions between Users of the Wink Platform and other Users or User Content (and has no obligation to do so). You hereby release, disclaim and hold Wink Platform harmless from and against any and all liability resulting from a User’s interaction with, or conduct towards, any other User or User Content (whether online or offline).
You agree that Wink may, but is not obligated to, access, monitor, store, and disclose your account information and any User Content you share on the Wink Platform if required to do so by law, by performing its agreement with you, or in a good faith belief that such access, monitoring, storage or disclosure satisfies a legitimate interest, including to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Wink Platform or any other person.
Data such as screenshots, chat logs, and moderation flags may be retained by the system to ensure user safety and support investigations. While we aren’t required to, we may also delete any content, in whole or in part, that in our sole judgment violates these Terms, are unlawful or may harm the reputation of the Service. Data is securely deleted unless required by law to retain it longer. Wink follows industry-standard encryption and access control practices.
Wink reserves the right to remove content or suspend accounts that violate our Community Guidelines. Users will be notified of enforcement actions when feasible and may appeal decisions via our Trust & Safety support email. While we work to maintain a safe environment, we are not liable for the actions of other users. We encourage reporting of inappropriate behavior via in-app tools or at support@euphorica.ai.
7. Your Account
You are responsible for anything that happens in your account, so please keep it secure. You agree that the registration information you give to Wink is true and that you’ll keep it up to date.
Also, you agree that you will not:
- create another account if we’ve disabled one you had unless you have our written permission first;
- buy, sell, rent or lease access to your Wink account or username unless you have our written permission first;
- share your account sign in information with anyone;
- log in or try to log in to access the Services through unauthorized third party applications or clients.
- If you think someone has gained access to your account, please contact our Trust & Safety team at support@euphorica.ai.
You may deactivate or terminate your account at any time, for any or no reason, by accessing the settings page of your account or by contacting us. For account deletion please contact us via support@euphorica.ai, and we will provide you with further assistance and guide you through the process. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the User Content or information you have added.
If you purchased a subscription through a Third Party account, you will need to cancel your subscription through that Third Party and in accordance with that Third Party’s terms and conditions. If you cancel your subscription, our subscription benefits will continue until the end of your then-current subscription term, but your subscription will not be renewed after that term expires. Except as otherwise provided by law or under these Terms, you will not be entitled to any refund of the fees you have paid to Wink Platform and all outstanding or pending payments under the terms of your subscription will immediately be due and payable.
Unless expressly provided by law or under this Terms, where you are a resident in certain states in the United States or where you are a resident of certain countries, you will not be entitled to any refund of the fees you have paid to Wink Platform and all outstanding or pending payments under the terms of your subscription will immediately be due and payable.
California subscribers: You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. If you subscribed using an external service (e.g., Apple ID, Google Play), you must cancel through your external service. If you subscribed through your Apple ID, refunds are handled by Apple, not Wink. You can request a refund from Apple through your Apple ID account on your phone or at https://getsupport.apple.com. All other users may request a refund by contacting Wink’s member services at support@euphorica.ai, or by mailing or delivering a signed and dated notice that states that you, the buyer, are canceling this agreement, or words of similar effect. Please also include your name and the email address, phone number, or other unique identifier you used to sign up for your account. This notice shall be sent to: support@euphorica.ai, Attn: Cancellations.
You may have these terms of use e- mailed to you by sending a request to Wink Platform’s Terms Inquiries, at support@euphorica.ai. In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at Consumer Information Division, 1625 North Market Blvd., Suite N112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
8. Data Charges
You are responsible for any mobile charges when you use the Services including data
charges for use or the Services and/or updates or upgrades of new versions of the Services. If you’re not sure what those charges may be, please ask your provider before using the Services.
9. Ownership
We, or our affiliates and licensors as applicable, retain all ownership and intellectual property rights in and to: (1) the Services; (2) all Aggregated Statistical Information; and (3) all modifications, improvements, customizations, updates, enhancements, derivative works, translations and adaptations to the foregoing.
10. Copyright
Our policy allows copyright owners to request removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is using Wink to unlawfully infringe the copyright(s) in a work, and want to have the material removed, please provide the following information in writing to Euphorica, Inc. Attn: Copyright Takedown Request, 2093 Philadelphia Pike #4721, Claymont, DE 19703
Email: support@euphorica.ai
Any notice alleging that materials hosted by or distributed through the Services infringe intellectual property rights must include the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of the material that you claim is infringing and where it is located on the Services;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the materials on the Services of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or
- authorized to act on the copyright or intellectual property owner’s behalf.
Wink will promptly terminate the accounts of users that are determined by Wink to be repeat infringers.
11. Third Party Services
If you use a service, feature or product offered by a third party (including those we jointly offer with a third party), such as logging in with Google (all together the “Third Party Services”), that third party's terms will govern their relationship with you. Please read and understand those terms and investigate any features that are important to you before using any Third Party Services. Wink Platform is not responsible or liable for the third party terms or content on Third Party Services or actions taken under the third party's terms. Wink Platform does not necessarily conduct a detailed review of and makes no promises about the Third Party Services. By using any Third Party Services, you agree that Wink may transfer the necessary information to the applicable Third Party Services.
12. Transparent AI and Personalization Use
Providing a safe and open service for a broad community requires that we all do our part. Accordingly, when using the Services, you agree to the Wink Community Guidelines, at www.getwinkapp.com/community , as well as the following:
- You can't impersonate others or provide inaccurate information. You must provide us with accurate and up to date information (including registration information). Also, you may not impersonate someone you aren't, and you can't create an account for someone else unless you have their express permission.
- You can't do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.
- You can't violate (or help or encourage others to violate) these Terms or our policies. Learn how to report conduct or content in our help center.
- You can't do anything to interfere with or impair the intended operation of the Services.
- You can't attempt to create accounts or access or collect information in unauthorized ways. This includes creating accounts or collecting information in an automated way without our express permission.
- You can't attempt to buy, sell, or transfer any aspect of your account (including your username) or solicit, collect, or use login credentials of other users.
- You can't post private or confidential information or do anything that violates someone else's rights, including intellectual property. Learn more, including how to report content that you think infringes your intellectual property rights, at clause 6 of these Terms.
- You can't use a domain name or URL in your username without our prior written consent.
- You can’t decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction. Without limitation to the foregoing, you may not upload, post, send, comment on or store content that:
- violates or infringes any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- promotes an illegal activity or that impersonates any other person or entity, including Wink Platform;
- is bullying, harassing, abusive, threatening, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual;
- is harmful to minors in any way or targeted at persons under the age of 13 (or such other age as determined by us at our sole discretion, taking into account factors such as the jurisdiction in which you are a resident);
- spams or solicits Wink users to purchase anything;
- requests any form of identification or illegal content from Wink users; or
- interferes with the positive experience of other users of the Wink Platform, at Wink's discretion.
You agree not to use the Services to:
- upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data;
- collect information or data regarding other users, including email addresses or usernames, without their consent (e.g. using harvesting bots, robots, spiders, or scrapers);
- disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Services (e.g. a denial of service attack);
- attempt to gain unauthorized access to the Services or servers or networks connected to the Services (e.g. through password mining); or
- interfere with another user’s use and enjoyment of the Services.
- Sending the same or similar photos, voice and/or text messages, etc. to an unspecified number of Users, indiscriminately adding other Users as friends, and other acts that Wink Platform has determined as spam;
- Acts for the purpose of sales, propaganda, advertising, solicitation, or other profit-making (excluding those permitted by Wink Platform), sexual or obscene acts, soliciting or enticing prostitution, slandering, defaming, harassing or insulting other Users, or using Wink Platform for any purpose other than those prescribed herein;
- Providing benefits to, sympathizing with or supporting criminal organizations and/or anti-social groups that engage in terrorism, violence, drugs, human trafficking, etc.;
- Using Wink Platform for purposes of financial crimes;
- Encouraging other Users to participate in religious activities or join religious organizations;
- Acts that interfere with the server and network system of Wink Platform, acts of illegally manipulating Wink Platform by using BOT, cheating tools, or other technical means, acts of intentionally using Wink’s system failures, acts of making unfair inquiries or requests to Wink Platform (e.g., excessively repeating the same inquiry), or other acts that obstruct or hinder Wink Platform’s operation of or other Users’ use of Wink Platform;
- Generating data through recording, screen capturing, photographing, etc., in the course of using Wink, or leaking such generated data to a third party or distributing it through a third party;
The Wink Platform enables Users to communicate and interact with other Users, including, without limitation, sending messaging between Users and participating in video chats with other users. You are solely responsible for all of your interactions with the Wink Platform and other Users/User Content on or through the Wink Platform. In your interactions with other Users/User Content, you agree to conduct yourself professionally, civilly and respectfully at all times. You acknowledge and agree that Wink Platform will not be responsible for the actions of any Users with respect to any other User or User Content, and that Wink does not actively monitor or police the specific interactions between Users of the Wink Platform and other Users or User Content (and has no obligation to do so). You hereby release, disclaim and hold Wink Platform harmless from and against any and all liability resulting from a User’s interaction with, or conduct towards, any other User or User Content (whether online or offline).
Wink platform may use machine learning and algorithmic tools to suggest connections, filter content, or improve user experiences. These systems are regularly reviewed to ensure fairness and accuracy. You can contact us to learn more about how personalization affects your experience. Email: support@euphorica.ai.
Data such as screenshots, chat logs, and moderation flags may be retained by the system to ensure user safety and support investigations. While we aren’t required to, we may also delete any content, in whole or in part, that in our sole judgment violates these Terms, are unlawful or may harm the reputation of the Service. Data is securely deleted unless required by law to retain it longer. Wink follows industry-standard encryption and access control practices.
Wink reserves the right to remove content or suspend accounts that violate our Community Guidelines. Users will be notified of enforcement actions when feasible and may appeal decisions via our Trust & Safety support email. While we work to maintain a safe environment, we are not liable for the actions of other users. We encourage reporting of inappropriate behavior via in-app tools or at support@euphorica.ai.
13. Modifying the Services and Termination
We are always improving our Services and creating new ones. We may add or remove features, products or functionality, and we may also suspend or stop the Services at any time without notice. We can also terminate these Terms or deactivate your Wink Platform account or any group you have created or participated in at any time if we think you’ve violated these Terms or for any reason. We may also reclaim usernames if you’ve been inactive for at least 3 months or have violated these Terms, including by infringing other people’s trademarks. We can remove any content or information you share on the Services if we believe that it violates these Terms, our policies or we are permitted or required to do so by law, or in response to complaints from other users or third parties, with or without notice and without any liability to you. We have the right to remove, disallow, block or delete any posting you make on our Services if, in our opinion, your message does not comply with the content standards set out in these Terms. We can refuse to provide or stop providing all or part of the Services to you (including terminating or disabling your account) immediately to protect our community or services, or if you create risk or legal exposure for us, violate these Terms or our policies, if you repeatedly infringe other people's intellectual property rights, or where we are permitted or required to do so by law. As a result, we recommend that you save copies of any User Content that you post to the Services on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such User Content. We do not guarantee the accuracy, integrity, appropriateness or quality of any User Content, and under no circumstances will we be liable in any way for any User Content. If you believe your account has been terminated in error, or you want to disable or permanently delete your account, consult our help center. Content you delete may persist for a limited period of time in backup copies and will still be visible where others have shared it. This paragraph, and the section below called "How We Handle Disputes," will still apply even after your account is terminated or deleted.
We will not be liable to you for terminating these Terms, including for termination of your Wink Platform account or deletion of your content. No matter who ends this Terms, you and Wink platform will continue to be bound by Sections 3 (Rights You Give to Us), 5 (Privacy), 6 (Safety and Respecting the Rights of Others), 9 (Ownership), 10 (Copyright), 11 (Third Party Services), 13 (Modifying the Services and Termination), 15 (Additional Terms for Specific Services), 16 (Who is Responsible if Something Happens), 17 (How We Handle Disputes), 18 (Severability), 19 (Final Terms) and 20 (Updating These Terms).
14. Restriction or Termination of Service by Wink Platform
If Wink Platform determines that any of the following has occurred, or that there is sufficient probability that it may occur, Wink Platform may limit Your use of Wink and Wink Social and/or suspend Your account temporarily or permanently. Unless applicable laws stipulate otherwise, Wink shall not be liable with regard to such limitation and termination of service: If You commit any of the Prohibited Acts in section 6; If any investigation related to the use of Wink Platform is commenced against You; If anyone who is not eligible or authorized to use Wink Platform under these Terms; or If Wink Platform reasonably deems that You have otherwise committed an act that is immoral in light of social norm.
Wink platform may delete Your account information after prior notice to You, which may result in termination of these Terms, if You have not logged on or accessed Wink Platform for a period that is specified under relevant laws and regulations, these Terms, or Wink Platform’s separate operation policies related to Wink Platform. However, if Wink is unable to notify You (e.g., You did not provide a valid e-mail address to Wink at the time of registration for service membership), Your account may be deleted without notice. Wink Platform may take temporary measures without a user’s request or a report from a third party if Wink Platform determines that the content violates the rights, privacy or fame (honor) of a user or a third party at its discretion. In such a case, the temporary measures shall be taken in accordance with the procedures provided in Paragraphs (d) and (e).
15. Additional Terms for Specific Services
Since we have a growing number of Services, we sometimes need to describe additional terms for specific Services. Those additional terms and conditions, which are available with the relevant Services, then become part of your agreement with us if you use those Services. For additional information on how our Services work, you can visit our Help site located at getwinkapp.com .
16. Who Is Responsible if Something Happens
TO THE EXTENT PERMITTED BY LAW, WINK PLATFORM, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “WINK PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICES AND ANY CONTENT OR FEATURES THEREON AVAILABLE ON THE SERVICES, INCLUDING BUT NOT LIMITED, TO THE ACCURACY, RELIABILITY, COMPLETENESS APPROPRIATENESS, TIMELINESS OR RELIABILITY THEREOF. THE WINK PARTIES WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF ANY CONTENT ON THE SERVICES OR ANY OTHER INFORMATION CONVEYED TO ANY USER, OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA, OR INFORMATION STREAM FROM WHATEVER CAUSE. AS A USER, YOU AGREE THAT YOU USE THE SERVICES AND ANY CONTENT THEREON AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ALL USER CONTENT YOU UPLOAD TO THE SERVICES. THE WINK PARTIES DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR FREE, OR THAT THE SERVICES AND ANY CONTENT OR FEATURES THEREON ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICES OR ANY CONTENT THEREON RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO WINK PARTY WILL BE RESPONSIBLE FOR THOSE COSTS. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN NO EVENT WILL ANY WINK PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE SERVICES AND ANY CONTENT THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH WINK PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WINK’S LIABILITY, AND THE LIABILITY OF ANY OTHER WINK PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO U.S. $100.
We don’t control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Services, as noted above under “Third Party Services”. You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with these Terms or your use of the Services. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.
17. How we Handle Disputes
In the interest of resolving disputes between you and Wink Platform in the most expedient and cost effective manner, and except as described in this Section 17, you and Wink agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WINK ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Despite the provisions of Section 17, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 17 within 30 days after the date that you agree to these Terms by sending a letter to Euphorica, Inc., Attention: Legal Department – Arbitration Opt-Out, 2093 Philadelphia Pike #4721
Claymont, DE 19703, that specifies:
your full legal name, the email address associated with your account on the Services, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Wink Platform receives your Opt-Out Notice, this Section 17 will be void and any action arising out of these Terms will be resolved in accordance with Section 22. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
Any arbitration between you and Wink Platform will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Wink Platform. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail
(“Notice of Arbitration”). Wink’s address for Notice is: Euphorica, Inc., 2093 Philadelphia Pike #4721 Claymont, DE 19703. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Wink may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Wink must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement
amount offered by Wink in settlement of the dispute prior to the award, Wink Platform will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000. If you commence arbitration in accordance with these Terms, Wink will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Miami, FL, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Wink for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
YOU AND WINK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Wink agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If Wink platform makes any future change to this arbitration provision, other than a change to Wink Platform’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Wink’s address for Notice of Arbitration, in which case your account with Wink will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
If this Section 17 is found to be unenforceable, or if Wink receives an Opt-Out Notice from you, then the entirety of this Section 17 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 22 will govern any action arising out of or related to these Terms.
18. Severability
If any part of these Terms is found to be invalid, illegal or unenforceable for any reason, then that provision will be severed from these Terms to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
19. Final Terms
The laws of the State of California, to the extent not preempted by or inconsistent with federal law, will exclusively govern these Terms and any claim, without regard to conflict of law provisions. To the extent that Wink Platform receives an Opt-Out Notice under Section 16, the parties consent to the exclusive jurisdiction and venue of the state courts located in and serving Miami County, Florida and the federal courts in the Central District of Florida in connection with any dispute arising hereunder. You agree that regardless of any law to the contrary, any claim or cause of action arising out of or related to Wink, the Services and/or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. All rights not granted to you are reserved by Wink and all intellectual property in the Services is owned or licensed by us.
These Terms are the final, complete and exclusive agreement between you and Euphorica, Inc. and supersede all prior agreements between us. Except where prohibited by applicable law, we reserve the right to change these Terms at any time without notice.
Your continued access to and use of the Services after changes to these Terms indicates your acceptance of such changes. It is your responsibility to review theseTerms regularly.
If we don’t enforce a part of these Terms, it will not be considered a waiver. You can’t transfer your rights or obligations under this agreement without our consent. The word “including” means including without limitation. We may assign these Terms in connection with a merger, acquisition, reorganization or sale of all or substantially all of its assets, or bankruptcy or other operation of law, without your consent.
If we need to contact you about these Terms, you: (1) agree to receive electronic messages from us; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other messages we send to you electronically satisfy all legal requirements as if they were in writing. We agree that these Terms and all related documents are in English. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services.
20. Updates to These Terms
We may change our Services and policies, and we may need to make changes to these Terms so that they accurately reflect our Services and policies. Unless otherwise required by law, we will notify you (for example, through our Services) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Services, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account.
21. Notice Regarding Apple
This Section 17 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Wink Platform only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Services or the content thereof.
Apple has no obligation to furnish any maintenance and support services with respect to the Services. If the Services fail to conform to any applicable warranty, you may notifyApple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Services. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including: (a) product liability claims; (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Services and/or your possession and use of the Services infringe a third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Services. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Contact us
Wink welcomes your comments, complaints, claims, questions and suggestions.
Please send us feedback at support@euphorica.ai.
Euphorica, Inc. is located in the State of Delaware, United States of America in: 2093 Philadelphia Pike #4721
Claymont, DE 19703
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