Penguin Terms of Service (TOS)

Last Updated: March 27, 2026

1. Introduction

Welcome to Penguin. These Terms of Service ("Terms") govern your access to and use of the Penguin mobile application, website, and related services (collectively, the "Service").

The Service is operated by:
Penguin IP Holdings Inc
770 Brookfield Rd Suite A206
Ottawa, Ontario, Canada

Throughout these Terms, "Penguin", "we", "us", or "our" refers to Penguin IP Holdings Inc.

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use the Service.

We may update these Terms from time to time. If material changes are made, we will update the "Last Updated" date and may notify users through the app or email. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

2. Eligibility

You may only create an account and use the Service if all of the following are true:

• You are at least 18 years old.
• You are legally able to enter into a binding contract.
• You are not prohibited by law from using the Service.
• You are not required to register as a sex offender in any jurisdiction.
• You have not previously been banned from the Service.
• You will only maintain one account.

If you no longer meet these requirements, your right to use the Service is automatically revoked.

3. Your Account

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

You agree to:
• Provide accurate and truthful information
• Keep your account information up to date
• Protect your login credentials
• Notify us if you believe your account has been compromised

Penguin reserves the right to suspend or terminate accounts that violate these Terms.

4. Acceptable Use

You agree to use the Service only for its intended purpose of connecting with other users.

You may not:
• Misrepresent your identity or age
• Harass, threaten, bully, or harm other users
• Use the Service for illegal activities
• Attempt to scrape, copy, or harvest user data
• Upload malware, viruses, or malicious code
• Use bots or automated systems to interact with the Service
• Use the Service for scams, fraud, or financial solicitation
• Collect personal data from other users without consent
• Attempt to reverse engineer or exploit the platform

Violations may result in account suspension or termination.

5. User Content

Users may upload content such as profile photos, profile text, and messages ("User Content").

You are solely responsible for the content you share on the Service.

You agree that your content will not:
• Be illegal or promote illegal activity
• Contain harassment, hate speech, or discrimination
• Include explicit sexual content or pornography
• Include images of minors
• Infringe intellectual property rights
• Promote commercial services, advertising, or spam

Penguin reserves the right to remove content that violates these Terms.

6. License to Use the Service

Penguin grants you a limited, non-exclusive, revocable, non-transferable license to use the Service for personal use in accordance with these Terms.

This license automatically terminates if you violate these Terms.

7. Rights You Grant Penguin

By uploading content to the Service, you grant Penguin a worldwide, royalty-free license to host, store, display, reproduce, and distribute your content for the purpose of operating and improving the Service.

This license allows us to:
• Display your profile to other users
• Operate matching systems
• Moderate and review content
• Improve product features

You retain ownership of your content.

8. Identity Verification and Safety Features

To improve trust and safety on the platform, Penguin may use identity verification technologies including:

• Photo verification
• Liveness detection
• Facial comparison technologies

These systems may compare your profile photos with images captured during verification.

Penguin does not guarantee the identity, intentions, or behavior of other users. Users remain responsible for exercising caution when interacting with others.

9. Real‑World Meetings

Penguin may provide tools to help users schedule dates or meetings with other users.

You acknowledge that:
• Penguin does not supervise or control in‑person meetings
• You meet other users at your own risk
• Penguin is not responsible for the conduct of other users

Always follow common safety precautions when meeting someone in person.

10. Moderation and Enforcement

Penguin may review, remove, or restrict content or accounts that violate these Terms.

We may take actions including:
• Removing content
• Suspending accounts
• Permanently banning accounts
• Blocking new accounts from banned users

These actions may occur without prior notice.

11. Intellectual Property

All platform design, software, logos, trademarks, and technology associated with Penguin are owned by Penguin IP Holdings Inc or its licensors.

You may not copy, distribute, or create derivative works without written permission.

12. Termination

You may delete your account at any time through the app settings.

Penguin may suspend or terminate accounts that:
• Violate these Terms
• Pose safety risks to other users
• Attempt to manipulate or exploit the platform

Certain provisions of these Terms survive termination, including liability limitations and dispute provisions.

13. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind.

Penguin does not guarantee:
• Uninterrupted service
• Error‑free operation
• Successful matches
• The accuracy of user content

Use of the Service is at your own risk.

14. Limitation of Liability

To the fullest extent permitted by law, Penguin and its affiliates will not be liable for indirect, incidental, special, or consequential damages.

Penguin's total liability for any claim relating to the Service will not exceed the greater of:
• $100 CAD, or
• The amount paid by you to Penguin in the previous 12 months.

15. Dispute Resolution

If a dispute arises, we encourage users to contact us first at: info@thepenguinapp.com

If a dispute cannot be resolved informally, it will be resolved through binding arbitration in Ontario, Canada, unless prohibited by law.

Users waive the right to participate in class‑action lawsuits against Penguin to the extent permitted by law.

16. Governing Law

These Terms are governed by the laws of Ontario, Canada, without regard to conflict of law principles.

Any disputes not subject to arbitration must be brought in the courts located in Ottawa, Ontario.

17. Indemnification

You agree to indemnify and hold harmless Penguin IP Holdings Inc and its affiliates from any claims, damages, losses, or expenses arising from:

• Your use of the Service
• Your violation of these Terms
• Your interactions with other users

18. Child Safety and Protection Against Exploitation

18.1 Prohibition on Child Sexual Abuse and Exploitation (CSAE)

Penguin strictly and explicitly prohibits all forms of child sexual abuse and exploitation (CSAE) on the Service. Penguin is a platform intended solely for adults aged 18 and older. The following conduct is absolutely forbidden and will result in immediate account termination and reporting to law enforcement authorities:

• Creating, uploading, sharing, or distributing child sexual abuse material (CSAM) of any kind
• Using the Service to groom, solicit, exploit, traffic, or engage in any predatory behavior toward minors
• Sexualizing minors in any form, including imagery, text, or any other content that depicts, encourages, or promotes the sexual abuse or exploitation of children
• Engaging in sextortion or any form of threats or blackmail involving a minor's intimate images
• Soliciting or advertising a minor for commercial sexual exploitation
• Any inappropriate interaction targeted at a child

18.2 Reporting and Enforcement

Penguin takes all reports of CSAE and CSAM seriously. Upon becoming aware of CSAM on the Service, Penguin will:

• Remove the content from the platform
• Permanently ban the account(s) responsible
• Submit a report to the National Center for Missing & Exploited Children (NCMEC) via cybertipline.org, or to the relevant regional authority, as required by applicable law
• Cooperate with any resulting law enforcement requests

Users who become aware of CSAM or CSAE activity on the Service should report it immediately through the in-app reporting feature or by emailing info@thepenguinapp.com.

18.3 In-App Reporting

Penguin provides an in-app mechanism for users to report content or behavior that violates these Terms, including any suspected CSAE or CSAM. This reporting feature is accessible from any user profile and from within any conversation. All reports are received and reviewed by Penguin.

18.4 Compliance with Child Safety Laws

Penguin complies with all applicable child safety laws and regulations, including obligations to report confirmed CSAM to the National Center for Missing and Exploited Children (NCMEC) or the applicable regional authority. Upon becoming aware of CSAM, Penguin will submit a report to NCMEC via cybertipline.org as required by law.

18.5 Child Safety Point of Contact

Penguin has designated a point of contact responsible for receiving child safety notifications from Google Play and other platforms, and for taking appropriate action in response. This contact can be reached at:

Child Safety Contact: info@thepenguinapp.com
Penguin IP Holdings Inc
770 Brookfield Rd, Suite A206
Ottawa, Ontario, Canada

19. Entire Agreement

These Terms, together with the Privacy Policy and any additional terms presented within the Service, constitute the entire agreement between you and Penguin regarding use of the Service.

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.

20. Contact

If you have questions about these Terms, you may contact us at: info@thepenguinapp.com