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Terms of Service

Last updated: March 26, 2026

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you", "your", or "User") and PNK ("PNK", "we", "us", or "our") governing your access to and use of the PNK mobile application and related services (collectively, the "Service").

By creating an account, downloading, installing, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Service.

We may update these Terms from time to time. When we make material changes, we will notify you through the app or via email at least thirty (30) days before the changes take effect. Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of those changes. If you do not agree with the updated Terms, you must stop using the Service and delete your account.

2. Creating Your Account

2.1 Age Requirement

You must be at least eighteen (18) years old to create an account and use PNK. By creating an account, you represent and warrant that you are at least 18 years old. We verify your age during sign-up based on the date of birth you provide. If we discover or have reason to believe that you are under 18, we will immediately terminate your account and delete all associated data.

2.2 Account Creation

To use PNK, you must create an account using Apple Sign In and verify your phone number via SMS. You agree to provide accurate, current, and complete information during registration and to keep your information up to date. Specifically:

  • You must use your real identity. Impersonating another person, creating fake identities, or providing false information is prohibited.
  • Your username is permanent and cannot be changed after onboarding. Choose carefully.
  • You may only create and maintain one account per person. Creating multiple accounts is prohibited and may result in the termination of all your accounts.
  • You must provide a valid phone number that belongs to you. Your phone number is used for verification and friend discovery purposes.

2.3 Account Security

You are solely responsible for the security of your account and all activity that occurs under it. Since PNK uses Apple Sign In, your account security depends in part on the security of your Apple ID. You must not share your account credentials with anyone. If you believe your account has been compromised, contact us immediately at support@pnk.app.

2.4 Geographic Availability

PNK is currently available in France, the United States, and the United Kingdom. We may expand or restrict availability at any time. You may only use the Service from a supported country. Attempting to circumvent geographic restrictions (for example, through VPN or proxy services) is a violation of these Terms.

3. Description of the Service

PNK is a free social photo-sharing application built around a unique daily reveal mechanic. Here is how it works:

  • Capture: During the day, you take photos or short videos ("Captures") through the PNK app. These Captures are uploaded but remain hidden from your friends.
  • The 6 PM Reveal: Every day at 6:00 PM local time, all Captures from that day are simultaneously revealed to your friends. This is the core experience of PNK.
  • Friends: You can discover and add friends by searching usernames or finding contacts who already use PNK. Your Captures are only visible to users you have mutually accepted as friends.
  • Block and Report: You can block any user at any time and report inappropriate content or behavior.

PNK is entirely free. There are no paid features, subscriptions, in-app purchases, or premium tiers. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, including the reveal time, feature set, or availability, with or without notice.

4. Intellectual Property

4.1 PNK's Intellectual Property

The Service, including its design, source code, algorithms, user interface, graphics, logos, trademarks, and all other elements (excluding User Content as defined below), is the exclusive property of PNK or its licensors and is protected by applicable intellectual property laws, including copyright, trademark, and trade secret laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service on your personal device solely for your personal, non-commercial use, in accordance with these Terms. This license does not grant you any right to sublicense, modify, adapt, translate, reverse-engineer, decompile, disassemble, or create derivative works from the Service.

4.2 Feedback

If you provide us with feedback, suggestions, or ideas about the Service ("Feedback"), you grant us an unrestricted, irrevocable, perpetual, royalty-free license to use, modify, and incorporate that Feedback into the Service without any obligation to you.

5. Your Content

5.1 Ownership

You retain full ownership of the photos, videos, and other content you create and upload through PNK ("User Content"). Nothing in these Terms transfers ownership of your User Content to PNK.

5.2 License to PNK

By uploading User Content to PNK, you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, process, display, and distribute your User Content solely for the purpose of operating and providing the Service. This includes displaying your Captures to your friends during and after the daily reveal, storing your content on our infrastructure, and processing your content for technical purposes such as generating thumbnails or optimizing delivery. This license exists only for as long as your content remains on PNK and terminates when you delete your content or your account.

5.3 Content Restrictions

You are solely responsible for the User Content you upload. You represent and warrant that you have all necessary rights to upload your content and that your content does not violate any third party's rights. You agree not to upload content that:

  • Is illegal, fraudulent, or violates any applicable law or regulation.
  • Contains nudity, sexually explicit material, or pornography.
  • Depicts or promotes violence, self-harm, or cruelty toward animals.
  • Constitutes harassment, bullying, threats, or hate speech targeting individuals or groups based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics.
  • Exploits, endangers, or depicts minors in any way.
  • Infringes on the intellectual property, privacy, or other rights of any third party.
  • Contains malware, viruses, spam, or deceptive content.
  • Promotes terrorism, extremism, or radicalization.
  • Contains personally identifiable information of others without their consent.

PNK reserves the right, but is not obligated, to review, moderate, and remove any User Content that violates these Terms, at our sole discretion and without prior notice.

6. Your Use of the Service

You agree to use the Service only for its intended purpose and in compliance with all applicable laws and these Terms. The following conduct is strictly prohibited:

  • Unauthorized access: Attempting to access other users' accounts, private data, or any part of the Service's infrastructure that you are not authorized to access.
  • Reverse engineering: Decompiling, disassembling, reverse-engineering, or otherwise attempting to derive the source code of the Service.
  • Automated use: Using bots, scrapers, crawlers, or any other automated means to access or interact with the Service.
  • Circumvention: Bypassing or attempting to bypass security measures, rate limits, geographic restrictions, content filters, or any other technical restrictions.
  • Multiple accounts: Creating or maintaining more than one account per person.
  • Commercial use: Using the Service for advertising, commercial solicitation, or any business purpose without our prior written consent.
  • Data harvesting: Collecting, storing, or sharing other users' personal information, including phone numbers, email addresses, or content, without their explicit consent.
  • Interference: Taking any action that imposes an unreasonable load on our infrastructure or that could disrupt, damage, or impair the Service.
  • Illegal activity: Using the Service to facilitate, promote, or engage in any illegal activity.

Violation of any of these rules may result in immediate suspension or termination of your account, at our sole discretion.

7. Notifications and Reports

7.1 Push Notifications

PNK sends push notifications to keep you informed about the daily reveal, friend requests, and other relevant activity. You can manage your notification preferences in your device settings at any time.

7.2 Reporting

If you encounter content or behavior that violates these Terms or that you believe is harmful, you can report it directly within the app. We take reports seriously and will review them in a timely manner. You may also contact us at support@pnk.app to report any issue.

7.3 Moderation Actions

Following a report or at our own initiative, we may take one or more of the following actions: issuing a warning, removing specific content, temporarily suspending your account, or permanently terminating your account. We will endeavor to act proportionally, but the decision of what action to take is at our sole discretion. We are not obligated to disclose the reasons for moderation decisions, although we will generally try to provide an explanation when possible.

8. Liability

8.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.

8.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PNK AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE.

SINCE PNK IS A FREE SERVICE WITH NO PAID FEATURES, OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE SHALL NOT EXCEED ONE HUNDRED EUROS (EUR 100).

8.3 Indemnification

You agree to indemnify, defend, and hold harmless PNK and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Service, (b) your User Content, (c) your violation of these Terms, or (d) your violation of any third party's rights.

8.4 US-Specific Provisions: Arbitration Agreement

IF YOU ARE A RESIDENT OF THE UNITED STATES, YOU AND PNK AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT EITHER PARTY MAY BRING CLAIMS IN SMALL CLAIMS COURT IF THE CLAIMS QUALIFY.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT AND MUST FOLLOW THESE TERMS.

YOU AND PNK EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION. Arbitration shall be conducted by a single arbitrator under the rules of the American Arbitration Association (AAA) Consumer Arbitration Rules. The arbitration shall take place in the county where you reside or, at your election, via telephone or video conference. Each party shall bear its own costs, and PNK shall pay the arbitration filing fees if required by the AAA rules.

This arbitration agreement shall survive the termination of your account and these Terms. If any part of this arbitration agreement is found to be unenforceable, the remainder shall continue to apply. The class action waiver is an essential part of this arbitration agreement: if it is found to be unenforceable, the entire arbitration agreement shall be void.

9. Duration and Termination

9.1 Duration

These Terms take effect when you create your account and remain in effect for as long as you have an active PNK account.

9.2 Termination by You

You may delete your account at any time from the app settings. Account deletion is permanent and irreversible. Upon deletion, your profile, Captures, friend connections, and user-facing content are removed from the Service and are no longer visible to other users. There is no recovery option.

However, as described in our Privacy Policy, certain data (such as connection logs, IP addresses, and moderation records) may be retained for up to one (1) year after deletion, as required by applicable law (including French law, Loi pour la Confiance dans l'Economie Numerique) or to protect our legal interests. Reports you filed or that were filed against you may also be retained for this period.

9.3 Termination by PNK

We may suspend or terminate your account at any time if you violate these Terms, if we are required to do so by law, or if we reasonably believe your account poses a risk to the safety of other users or the integrity of the Service. We may also terminate your account if the Service is discontinued. Where possible, we will provide you with notice before termination and an opportunity to download your data, unless doing so would compromise the safety of others or the integrity of our investigation.

9.4 Effects of Termination

Upon termination of your account, whether by you or by PNK: your license to use the Service is immediately revoked, your User Content will be removed from the Service, and you will no longer be visible to other users. Data retention after termination is governed by Section 5 of our Privacy Policy. Sections of these Terms that by their nature should survive termination (including sections on intellectual property, liability, indemnification, arbitration, and governing law) shall survive.

10. Divisibility

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions shall continue in full force and effect. The failure of PNK to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

11. Governing Law and Jurisdiction

11.1 General

These Terms are governed by and construed in accordance with the laws of France, without regard to its conflict of law provisions. Subject to the US arbitration agreement in Section 8.4, any dispute arising out of or relating to these Terms shall be submitted to the exclusive jurisdiction of the competent courts of Paris, France.

11.2 For Users in the European Union and United Kingdom

If you are a consumer residing in the European Union or the United Kingdom, nothing in these Terms affects your rights under mandatory consumer protection laws of your country of residence. You may bring proceedings in the courts of the country where you reside. You also have the right to submit a dispute to the European Commission's online dispute resolution platform at https://ec.europa.eu/consumers/odr.

11.3 For Users in the United States

If you are a resident of the United States, disputes shall be resolved through binding arbitration as described in Section 8.4, except for claims that may be brought in small claims court. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration agreement.

12. Contact

If you have any questions, concerns, or complaints about these Terms or the Service, contact us at:

PNK
Email: support@pnk.app

Privacy Policy Terms of Service

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