Thank you for using Pengu-N-Out
Welcome to Pengu-N-Out. We hope that it shows you that there are people who love and admire you. Our terms of use ("Terms") govern access to and use of our app, website, and other tools (together, "Pengu-N-Out" or the "Service" or "Services"). Every time you access or use Pengu-N-Out, you agree to these Terms, our Privacy Policy, and all other applicable terms that apply to you. If you do not agree to these Terms, please do not use Pengu-N-Out.
Your License to Use Pengu-N-Out
We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Service subject to these Terms, our Privacy Policy, and other policies and applicable law.
Downloads and Software Updates
When you create your Pengu-N-Out account, you agree that the information you provide is accurate and complete. We may deny you access to the Service if we learn that the information you provided is inaccurate. Using Pengu-N-Out requires that we first download software to your computer, phone, tablet, or other device. You agree that we may automatically update this software and that these Terms and our policies apply to all updates.
Age and Legal Capacity
You represent that you are at least 13 years old and have the legal capacity to enter into the agreement set forth in these Terms. No one under the age of 13 may use or access Pengu-N-Out. You may not use Pengu-N-Out if you do not have the legal capacity to enter into contracts or if doing so would be prohibited under German law. If you are a resident of the European Economic Area ("EEA"), you may only use Pengu-N-Out if you have reached the age at which you can consent to data processing under the laws of your country or if we have verifiable parental consent for your use of Pengu-N-Out.
Your Responsibility for Your Account
You are also responsible for the activities that occur on your Pengu-N-Out account. We recommend that you protect your account with a strong password and do not share it with others. You agree to promptly notify us of any unauthorized access or use of your account or other security breaches. We reserve the right at our sole discretion to restrict or terminate your access to your account for any reason, including but not limited to violations of these Terms or other policies.
Your Use of Pengu-N-Out
You agree to use Pengu-N-Out only for lawful purposes and to comply with all applicable laws and regulations. You may not use Pengu-N-Out for illegal activities or share content that violates applicable laws or regulations. If you violate these Terms or other policies of Pengu-N-Out, we may restrict or terminate your account and/or take legal action against you.
Your Interactions with Other Users
Pengu-N-Out strives to create a safe environment for all users. However, we cannot guarantee that all users on Pengu-N-Out are honest and trustworthy. You are solely responsible for your interactions with other users of Pengu-N-Out. We recommend that you exercise caution and follow our safety tips.
Your Complaints
We take the rights of others seriously and encourage you to contact us if you believe that content on Pengu-N-Out violates your rights. We will carefully review any legal complaints and take appropriate action if necessary.
Termination
We may suspend or terminate your license to use Pengu-N-Out at any time and for any reason. In general, we will provide notice and the reason for termination or suspension. However, our termination or suspension may be immediate and without notice if we, in our sole discretion, believe that you have committed a serious violation of these Terms or our policies.
Disclaimer of Warranties and Limitation of Liability
Pengu-N-Out is provided "as is" and "as available," without express or implied warranties of any kind. We expressly disclaim all warranties and conditions of any kind, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement. We do not review User Content in advance. Pengu-N-Out assumes no responsibility and shall have no liability for User Content that you or any other person or third party posts or sends using our Service. You understand and agree that you may be exposed to User Content that is inaccurate, offensive, indecent, abusive, inappropriate for children, or otherwise unsuitable for your purpose.
Subscriptions
Automatic Renewal and Cancellation
Pengu-N-Out offers Users a weekly subscription for an enhanced user experience. If you sign up for a subscription, your subscription will automatically renew until you cancel, and you will automatically be charged the associated fee (plus any applicable taxes) until you cancel. To see your next renewal date and current fee, visit your mobile device’s account settings, or the Subscriptions tab that is available through the Apple App Store. You must cancel your subscription at least 24 hours before the end of your current billing period to avoid being charged for the next billing period. After cancellation, you will have access to your subscription through the last day of your current billing period, at which point your subscription (and access to your subscription features) will be discontinued. You may cancel your subscription any time through your Apple App Store. To access the subscription features after discontinuing your paid subscription, you may need to purchase a new subscription, subject to then-current fees, terms, and conditions.
Paying For Your Subscription
Payments for your subscription are processed via Apple (“App Provider”) and you will need to provide your App Provider with your payment information. You are responsible for maintaining accurate and up-to-date payment information. If a payment is unsuccessful, we may suspend your access to the relevant subscription features until you provide a valid payment method. Pengu-N-Out is not responsible if your subscription fails to renew due to invalid payment information.
Refunds
Refund requests are handled by your App Provider, not Pengu-N-Out. To request a refund, you should follow your App Provider’s refund procedures. Pengu-N-Out does not offer refunds for your subscription. If you cancel, we will not issue you a refund or credit for any partial-period access to your subscription. You are not entitled to a refund or credit for any part of a billing period if the Subscription Features are unavailable, defective, experiencing delays, or for any other reason.
Changes to Subscriptions and Features
We reserve the right to change or discontinue your subscription plans, subscription features, terms, or pricing at any time. Pengu-N-Out is not responsible for any damage or loss caused by failures or delays of your subscription or the subscription features.
General Provisions
Assignment
These Terms and all rights and licenses granted herein may not be transferred or assigned by you, but may be transferred by Pengu-N-Out without restriction. Any attempted transfer or assignment in violation of these Terms is null and void.
Severability
If any provision of these Terms is unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms, together with our Privacy Policy and any additional agreements you enter into with Pengu-N-Out.
No Waiver
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and Pengu-N-Out's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Parties
These Terms are a contract between you and Tenacity Labs UG (Haftungsbeschränkt). Tenacity Labs UG (Haftungsbeschränkt) is the company that owns Pengu-N-Out.