Penguin Terms of Service

Last Updated: June 17, 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").

Penguin is a community app. Some people use it to date and look for relationships, and others use it to meet people and take part in the community without dating. Some features, including dating and matching, are optional, and you choose whether to use them.

The Service is operated by:
Penguin IP Holdings Inc.
770 Brookfield Rd, Suite 206
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, which is incorporated by reference. If you do not agree to these Terms, you may not use the Service.

We may update these Terms from time to time. If we make material changes, we will update the "Last Updated" date and notify you through the app or by email before the changes take effect. Where a change materially reduces your rights or expands your obligations, we will seek your renewed agreement where required by law. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

2. Eligibility

You may create an account and use the Service only 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 maintain only one account.

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

The Service is strictly for adults. We do not permit anyone under 18 to access or use the Service under any circumstances.

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 promptly at info@thepenguinapp.com 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 adult users.

You may not:
• Misrepresent your identity, age, or affiliation.
• Harass, threaten, bully, stalk, or harm other users, on or off the Service.
• Use the Service for any illegal activity.
• Scrape, copy, harvest, or index user data by any means.
• Upload malware, viruses, or malicious code.
• Use bots, scripts, or automated systems to interact with the Service.
• Use the Service for scams, fraud, financial solicitation, or sex work solicitation.
• Collect or store personal information about other users without their consent.
• Share another user's private information, photos, or messages without their consent.
• Reverse engineer, decompile, or exploit the platform or its security.

Violations may result in content removal, account suspension, or permanent termination.

5. User Content

Users may upload content such as profile photos, profile text, and messages ("User Content"). You are solely responsible for the User Content you share.

You agree that your User 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 in any context.
• Infringe intellectual property or privacy rights.
• Promote commercial services, advertising, or spam.

Penguin reserves the right, but not the obligation, to review, remove, or restrict User Content that violates these Terms.

6. License to Use the Service

Penguin grants you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to use the Service for your personal, non-commercial use in accordance with these Terms. This license automatically terminates if you violate these Terms.

7. Rights You Grant Penguin

You retain ownership of your User Content.

By uploading User Content, you grant Penguin a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, cache, display, reproduce, adapt (for formatting and display only), and distribute your User Content solely for the purpose of operating, providing, securing, and improving the Service.

This license allows us to:
• Display your profile to other users.
• Operate our matching and conversation features.
• Moderate and review content for safety and compliance.
• Maintain backups and ensure technical reliability.

This license ends when you delete the relevant User Content or your account, except where the content has been shared with other users who retain a copy (for example, messages already sent), and except where we must retain content to comply with law, resolve disputes, enforce our Terms, or address safety matters as described in our Privacy Policy.

We do not use your User Content to advertise to third parties, and we do not sell your User Content.

8. Device Permissions

The Service requests permissions on your device: camera, photos, precise location, contacts, and push notifications. You control these and can change them anytime in your device settings, and some features will not work if a permission is off. We use each only for the purpose it serves, and our Privacy Policy explains each in detail. Note that location sharing with a date begins only when you scan that person's QR code (see Section 9), and we never use your location for advertising.

9. Location During a Date

Penguin offers a feature that lets you share your precise location with a specific person you are meeting on a date, for safety.

You acknowledge and agree that:
• Location sharing is not automatic. It begins only when you scan that person's QR code in the app, which requires you to be physically together with them.
• You can stop sharing your location at any time.
• Your precise location is shared only with the person whose QR code you scan, and with no other user or third party.
• Sharing your precise location with another person carries inherent risks. Share it only when you are comfortable doing so.
• Penguin does not monitor, verify, or control how a recipient uses location you choose to share with them.
• You are responsible for deciding whether and when to share your location.

10. Photo Screening (Face Detection)

Penguin uses automated face detection to check whether a profile photo contains a human face, so we can screen out images that do not show a person. This does not create a biometric identifier and does not identify you or match your face against any database. Our Privacy Policy explains this further.

Penguin does not guarantee the identity, intentions, or behaviour of any user. You remain responsible for exercising caution when interacting with others on or off the Service.

11. Real‑World Meetings

Penguin may provide tools to help users arrange to meet in person.

You acknowledge that:
• Penguin does not conduct criminal background checks on users unless expressly stated.
• Penguin does not supervise, control, or take responsibility for in-person meetings.
• You meet other users entirely at your own risk.
• Penguin is not responsible for the conduct of other users, on or off the Service.

Always follow common safety precautions when meeting someone in person, including meeting in public, telling someone you trust where you will be, and arranging your own transportation.

12. Moderation and Enforcement

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

• Remove or restrict content.
• Suspend accounts.
• Permanently ban accounts.
• Block banned users from creating new accounts.

Where we reasonably believe immediate action is needed to protect users or comply with law, these actions may occur without prior notice. Where appropriate and lawful, we will provide notice and a means to appeal.

13. 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 of the Service without our written permission.

14. Termination

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

Penguin may suspend or terminate accounts that:
• Violate these Terms.
• Pose a safety risk to other users.
• Attempt to manipulate, exploit, or defraud the platform or its users.

Certain provisions of these Terms survive termination, including Sections 7 (to the extent stated), 13, 15, 16, 17, 18, and 19.

15. Disclaimer of Warranties

To the fullest extent permitted by applicable law, the Service is provided "as is" and "as available" without warranties of any kind, whether express or implied.

Penguin does not guarantee:
• Uninterrupted or error-free service.
• Successful matches or relationships.
• The identity, conduct, or accuracy of any user or User Content.

Nothing in these Terms excludes, restricts, or modifies any warranty, condition, right, or remedy that applicable consumer protection law says cannot be excluded, restricted, or modified. This includes protections under the Quebec Consumer Protection Act and the Ontario Consumer Protection Act where they apply to you.

16. Limitation of Liability

To the fullest extent permitted by applicable law, and except for liability that cannot be limited under applicable law, Penguin and its affiliates will not be liable for any indirect, incidental, special, punitive, or consequential damages, or for loss of profits, data, or goodwill, arising out of or relating to your use of the Service.

To the fullest extent permitted by applicable law, Penguin's total aggregate liability for any claim relating to the Service will not exceed the greater of (a) one hundred Canadian dollars (CAD $100), or (b) the amount you paid to Penguin in the twelve months before the event giving rise to the claim.

This Section does not apply to the extent applicable consumer protection law prohibits such limitations. If you are a consumer in Quebec, nothing in these Terms limits your rights under the Consumer Protection Act (Quebec), and any provision of these Terms that conflicts with rights that Act guarantees you does not apply to you.

17. Dispute Resolution

If a dispute arises, we encourage you to contact us first at info@thepenguinapp.com so we can try to resolve it informally.

If a dispute cannot be resolved informally, it will be resolved through binding arbitration seated in Ontario, Canada, and you and Penguin waive the right to participate in a class action, except and to the extent that applicable law prohibits mandatory arbitration or class-action waivers.

If you are a consumer resident in Quebec, the arbitration requirement and the class-action waiver in this Section do not apply to you. You retain the right to bring a claim before the courts of Quebec and to participate in a class action, in accordance with the Consumer Protection Act (Quebec) and the Code of Civil Procedure (Quebec). Nothing in these Terms requires you to arbitrate or waive class-action rights where Quebec law makes such requirements unenforceable.

18. Governing Law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable there, without regard to conflict-of-law principles.

If you are a consumer resident in Quebec, you retain the benefit of the mandatory protections of Quebec law, and these protections apply to you regardless of this Section.

Any dispute not subject to arbitration must be brought in the courts of Ottawa, Ontario, except where applicable law gives you the right to bring it in the courts of your own province.

19. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless Penguin IP Holdings Inc. and its affiliates from any third-party claims, damages, losses, or reasonable expenses arising from your use of the Service, your violation of these Terms, or your interactions with other users. This Section does not apply to the extent a loss results from Penguin's own negligence or wilful misconduct, or where applicable consumer law prohibits such indemnities.

20. Child Safety and Protection Against Exploitation

20.1 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 behaviour 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.

20.2 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, and to the Canadian tipline Cybertip.ca, 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.

20.3 In-App Reporting

Penguin provides an in-app mechanism for users to report content or behaviour 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.

20.4 Compliance with Child Safety Laws

Penguin complies with all applicable child safety laws and regulations, including obligations to report confirmed CSAM to NCMEC, Cybertip.ca, or the applicable regional authority. Upon becoming aware of CSAM, Penguin will submit a report as required by law.

20.5 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 206
Ottawa, Ontario, Canada

21. Entire Agreement; Severability

These Terms, together with the Privacy Policy and any additional terms presented within the Service, constitute the entire agreement between you and Penguin regarding your use of the Service. If any provision of these Terms is found unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

22. Contact

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