Effective from December, 2024

This Terms of Service is the rules, terms and conditions as applicable and the amended provisions pertaining to the relevant matters of Winker mobile application and website services (the "Service") and your use of the Service, as might be amended from time to time. This Terms of Service generated by a computer system and does not require any physical or digital signatures.

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY AND DO PAY ATTENTION TO THE RESPECTIVE DEFINITIONS; IF YOU DO NOT FULLY UNDERSTAND AND AGREE TO ALL OF THE FOLLOWING TERMS OF SERVICE, PLEASE DO NOT USE THE SERVICE OF Winker. YOUR COMMENCEMENT OF, OR CONTINUED USE OF THE SERVICES, OR REGISTRATION OF YOUR OWN ACCOUNT ON Winker MEANS THAT YOU, RECEIPT AND SUFFICIENCY OF THE FOLLOWING TERMS AND CONDITIONS IS WELL ACKNOWLEDGED, AGREE TO BECOME A PARTY TO AND TO BE BOUND BY THIS TERMS OF SERVICE.

a. This agreement ("Agreement") is a contract between you and ("Winker", "Service", "us" "our" and "we") and governs your use of the Winker . You may not use the Services if you do not accept this Agreement. By using the Services, or by clicking on "Sign Up" during the registration process, you agree to be bound by the following Terms of Service (the "Terms of Service"), whether or not you register as a member ("Member"). We may modify this Agreement occasionally, and such modification shall be effective upon posting by us on the mobile application and website. We may update you on our changes through your email or notify you through the mobile app or website. You agree to be bound by any changes to this Agreement when you use the Service after any such modification is posted. This Agreement includes Service’s policy for acceptable use and content posted on the mobile application and website, your rights, obligations, and restrictions regarding your use of the mobile application and website.

b. If you are under the age of 18, you may not download or use our Services. Winker may only be used or accessed by such Persons who is of full capacity of civil conducts. We do not knowingly collect or maintain information from children under age 18. If you access or use Winker by providing false representation on your age, you and your guardians shall undertake the consequential liabilities of doing so as per the applicable laws and regulations; and Winker shall be discharged of the legal consequences.

c. Your Service profile may not include the following items: nude, violent or offensive images or texts. The information posted by other Service Members may contain inaccurate, inappropriate or offensive materials, products or services and Service assumes no responsibility or liability for this material.

d. We reserve the right, in its sole discretion, to reject, refuse to post or remove any posts (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the mobile application and website and/or Services at any time, for any or no reason, with or without prior notice, and without liability.

e. By requesting to use, or using our Services, you represent and warrant that you are not required to register as a sex offender with any government entity.

You can also choose to provide profile information like an avatar, info, nickname, gender, date of birth or other data. You can read more on our Privacy Policy, which has detailed information on what information is used.

We may collect information about your actions on the Services. This may include information such as the pages and profiles you view, how you use the Services, and purchases you make through the Services if it is available. It can also include the various functions and features that you use, such as the connections you make, other friends or contacts you invite to the Services and profile searches you perform, how often you log in and with what/ which platform you log in from, your IP address and how many profiles you have created, or your use of our applications. Read more on our Privacy Policy.

a. Winker allows users to distribute use services, such as chat, voice interactive services, and to participate in other activities in which you may create, post, transmit, perform, or store content, messages, text, sound, images, or materials on the Services (“Content”). Users of the Services may also overlay music, graphics, stickers, virtual items and other features provided by Winker (“Winker Features”) onto this Content and transmit this Content through the Services. The views expressed by other users on the Services (including through use of the virtual gifts) do not represent our views or values.

b. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service or any material or information that you transmit to other Members. By posting any Content to the public areas of the mobile application and website, you hereby grant us the non-exclusive, fully paid, worldwide license to use, reproduce, publicly perform and display such Content on the mobile application and website, including without limitation distributing part or all of the mobile application and website in any media formats and through any media channels.

c. You represent and warrant that: (i) you own the Content posted by you on the mobile application or otherwise have the right to grant the license set forth in this section, and (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person. You agree to pay all royalties and fees owing to any person by reason of any Content you post on the mobile application and website.

d. The following is a partial list of the kind of Content that is illegal or prohibited on the mobile application and website. We reserve the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. Prohibited Content includes Content that:

e. You must use the Service in a manner consistent with any and all applicable laws and regulations.

f. You may not include in your publicly accessible Member profile any telephone numbers, street addresses, last names, URLs, usernames from any social platforms or email addresses.

g. You may not engage in advertising to or solicitation of, any Member to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although we cannot monitor the conduct of its Members off the mobile application and website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.

h. You may not attempt to impersonate another user or a person.

a. We reserve the right to investigate, suspend and/or terminate your account if you have misused the Service or behaved in a way we regard as inappropriate or unlawful, including actions or communications that occur off the Service but involve users you meet through the Service. The following is a partial list of the type of actions that you may not engage in with respect to the Service. You will not:

b. We reserve the right to freeze/ban your account if we see that your actual location is different from the location you provided, or your IP address changes continuously varying between countries. You agree that all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to Winker. You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.

c. In consideration of Winker allowing you to use the Services, you agree that we, our affiliates, and our third-party partners may place advertising on the Services. By submitting suggestions or feedback to us regarding our Services, you agree that we may use and share such feedback for any purpose without compensating you.

d. You agree that we may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to (i) comply with legal process; (ii) enforce this Agreement; (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 the Company or any other person.

a. Prohibition on Child Sexual Abuse and Exploitation We are firmly committed to protecting children and ensuring that our platform remains a safe space for all users. Any actions or content that involve child sexual abuse or exploitation are strictly forbidden and will result in severe consequences, including immediate account suspension or termination and, where applicable, legal action. Except the terms above, users shall comply with the following Special terms related to Child Safety

b. Strictly Prohibited Activities The following behaviors are absolutely prohibited on our platform:

c. Measures to Prevent and Address Violations To uphold this policy, we implement robust preventive and enforcement measures, including:

d. Community Responsibility

Though we strive to encourage a respectful user experience, it is not responsible for the conduct of any user on or off of the Services. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. You should not provide your financial information (for example, your credit card or bank account information), wire or otherwise send money, to other users. You are solely responsible for your interactions with other Members. We reserve the right but have no obligation, to monitor disputes between you and other Members.

You may not engage in any activity involving spam on our Services. Violations of this policy may result in immediate termination of service and legal action against any spammer. Accordingly, you may not upload, post, email, transmit or otherwise make available junk mail, commercial advertisements, or any other form of commercial solicitation on our Services. Violations of this policy could subject you or your agents to civil and criminal penalties.

We are always striving to improve the Services and bring you the additional functionality that you will find useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Services entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so. You may terminate your account at any time, for any reason. We may terminate your account at any time without notice if we believe that you have violated this Agreement.

Membership in the Service is void where prohibited. By using the mobile application and website and the Service, you represent and warrant that all registration information you submit is truthful and accurate. You represent and warrant that you are 18 years of age or older and that your use of the Service shall not violate any applicable laws or regulations. Your profile may be deleted without warning if it is found that you are misrepresenting your age. Your Membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all Content published or displayed through your account, including any email messages, and for your interactions with other members.

We are not responsible for any incorrect or inaccurate Content posted on the mobile application and website or in connection with the Service provided, whether caused by users of the mobile application and website, Members or by any of the equipment or programming associated with or utilized in the Service. We are not responsible for the conduct, whether online or offline, of any user of the mobile application and website or Member of the Service. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or Member communication. Our Services is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, wireless phones or other devices, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any mobile application and website or combination thereof, including any injury or damage to users and/or Members or to any person's computer related to or resulting from participation or downloading materials in connection with the mobile application and website and/or in connection with the Service. Under no circumstances shall Service be responsible for any loss or damage, including personal injury or death, resulting from the use of the mobile application and website or the Service or from any Content posted on the mobile application and website or transmitted to Members, or any interactions between users of the mobile application and website, whether online or offline. The mobile application and website and the Service are provided "AS-IS" and Service expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Service cannot guarantee and does not promise any specific results from use of the mobile application and website and/or the Service. We take no responsibility for third-party advertisements which are posted on this Service’s mobile application and website or through the Service, nor does it take any responsibility for the goods or services provided by its advertisers.

You agree that any dispute relating in any way to these Terms of Service or Service, including without limitation your or third-parties’ access to or use of our Services, will be resolved by Singapore International Arbitration Center and not through litigation in any court (except in small claims court if the claim is within the court’s jurisdiction and proceeds on an individual basis). Claims are subject to arbitration, regardless of what they are based on or whether they seek legal or equitable remedies. Arbitration applies to any and all such claims or disputes, whether they arose in the past, may currently exist, or may arise in the future. This Terms of Use is stipulated in accordance with, and shall be governed and construed under the laws of Singapore.

You agree to indemnify and hold Service, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

Service provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you agree not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or not to behave inappropriately. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.

You use Winker at your sole risk. We do not guarantee that our Services will always be safe, secure or error-free or that our Services will always function without disruptions, delays or imperfections. We make no warranty that our Services will meet your requirements, or Winker will be uninterrupted, timely, secure and error-free. We make no warranty that the results obtained from us will be accurate or reliable. We make no warranty that the quality of products, Services, information, material obtained through our Services will meet your expectations. Any downloaded or obtained material through our Services is done at your own risk. You will be solely responsible for any damage to your or others' devices directly or indirectly from the download of any such material. Some jurisdiction does not allow the exclusion of such warranties or the limitation or the exclusion of liability for incidental or consequential damages. Some of the limitations of the warranty may not apply to you. In such cases, the warranties and liability will be limited to the fullest extent permitted by applicable law.

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of our Services to terminate membership privileges of any member who repeatedly infringes copyright upon prompt notification to Winker by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on our Services in a way that constitutes copyright infringement, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on our Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Services' Designated Copyright Agent for notice of claims of copyright infringement can be reached as follows: official@winkerchat.com.

We do not currently conduct criminal background screenings on our Members. We reserve the right, however, to conduct any criminal background check we deem appropriate, at any time and using available public records. By agreeing to these Terms of Service, you hereby authorize any such check.

You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify us of any disclosure or unauthorized use of your username or password or any other breach of security at official@winkerchat.com and ensure that you log out from your account at the end of each session.

The sites linked to by the Service mobile application and website are developed by people over whom we exercise no control, Winker cannot and does not screen the sites. Some people may find these sites objectionable, inappropriate, or offensive. We cannot guarantee that our Services will not link to unintended or objectionable content and assume no responsibility for the content of any site linked to by the Service.

In case of any grievance, objection or complaint on your part with respect to Winker, other users of Winker, including any complaints or enquiry about the measures Winker taken with respect to your use of Winker, you should promptly raise such grievance or complaint to our designated email address for grievance receiving at official@winkerchat.com and provide us with all necessary information and/or documents to enable us to try and resolve the issue(s).

In no event shall our Services be liable to you or any third-party for any indirect, consequential, exemplary, incidental, special or punitive damages including lost profit damages arising from your use of the mobile application and website or the Service even if our Services have been advised of the possibility of such damages. Services' liability to you for any cause, whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the Service during the term of Membership.

We may make changes to the Terms of Service from time to time. You understand and agree that if you use the Services after the date on which the Terms of Service have changed, We will treat your use as acceptance of the updated Terms of Service.

This Agreement is accepted upon your use of the mobile application and website and is further affirmed by you becoming a Member of the Service. This Agreement constitutes the entire agreement between you and Service regarding the use of the mobile application and website and/or the Service. The failure of Service to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please, contact us with any questions regarding this Agreement.

If you have questions or concerns about this Terms of Service or our use of your information, please contact us at official@winkerchat.com.