Penguin End-User License Agreement (EULA)

Last Updated: March 27, 2026

1. Introduction

This End-User License Agreement ("EULA") is a legal agreement between you ("User") and Penguin IP Holdings Inc ("Penguin", "we", or "us") governing your use of the Penguin mobile application and related services (the "App").

By downloading, installing, or using the App, you agree to be bound by this EULA. If you do not agree, do not use the App.

2. License Grant

Subject to your compliance with this EULA, Penguin grants you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes on your devices.

This license automatically terminates if you violate any provision of this EULA.

3. Restrictions

You may not:

• Copy, modify, distribute, or create derivative works of the App
• Reverse engineer, decompile, or attempt to access the source code
• Use the App in violation of applicable laws
• Circumvent security features or content protection measures

4. User Content and Conduct

The App may allow you to upload content (e.g., profile information, photos, messages). You are solely responsible for your content and conduct while using the App.

You agree that you will not:

• Post or share content that is illegal, obscene, offensive, or discriminatory
• Harass, threaten, or harm other users in any way
• Attempt to manipulate, scam, or defraud other users
• Collect or share other users' personal information without consent

No Tolerance Policy: Penguin maintains a strict zero-tolerance policy for objectionable content and abusive behavior. Violations may result in immediate suspension or permanent termination of your account without notice.

5. Child Safety and Protection Against Exploitation

Penguin strictly and explicitly prohibits all forms of child sexual abuse and exploitation (CSAE). The App is intended solely for users aged 18 and older.

The following conduct is absolutely forbidden and will result in immediate account termination and reporting to law enforcement:

• Creating, uploading, sharing, or distributing child sexual abuse material (CSAM) of any kind
• Using the App 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

Reporting: Upon becoming aware of CSAM on the App, Penguin will remove the content, permanently ban the responsible account, and 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.

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

Child Safety Contact: Penguin has designated a point of contact for child safety matters, reachable at info@thepenguinapp.com.

6. Updates and Modifications

Penguin may update or modify the App, its features, or this EULA at any time. Continued use of the App constitutes acceptance of any updates or modifications.

7. Privacy

Your use of the App is also governed by our Privacy Policy, which explains how we collect, use, and protect your information.

8. Termination

Penguin may terminate or suspend your license and access to the App if you violate this EULA or pose a risk to other users.

Upon termination, you must cease all use of the App and delete all copies from your devices.

9. Disclaimers

The App is provided "as is" without warranties of any kind. Penguin does not guarantee uninterrupted service, error-free operation, or successful connections with other users.

10. Limitation of Liability

To the fullest extent permitted by law, Penguin is not liable for any indirect, incidental, or consequential damages arising from your use of the App.

Our maximum aggregate liability for any claim shall not exceed $100 CAD or the amount you paid for the App in the past 12 months, whichever is greater.

11. Governing Law

This EULA is governed by the laws of Ontario, Canada. Any disputes not subject to arbitration must be brought in the courts located in Ottawa, Ontario.

12. Contact Information

For questions regarding this EULA or the App, please contact us at: info@thepenguinapp.com