Terms of Service

These Terms of Service (the “Terms”) are a binding agreement between you and Wink App Co., a Delaware corporation (“Wink,” “we,” “us,” or “our”). They govern your access to and use of the Wink web and mobile interfaces, products, features, and related services (collectively, the “Service” or “Wink App”).

By accessing or using the Service, creating an account, or connecting a wallet, you agree to be bound by these Terms and our Privacy Policy (collectively, the “Agreement”). If you do not agree, do not use the Service.

Third-Party Providers. The Service integrates certain functionality provided by third parties, including Privy (embedded self-custodial wallet infrastructure) and Bridge (payments/on-ramps/off-ramps and bank connectivity). Your use of those features constitutes your agreement to their respective terms and privacy policies. See Section 4.

1. Eligibility & Account

To use the Service, you represent and warrant that you: (a) are at least 18 years of age (or the age of majority in your jurisdiction), (b) have full legal capacity to enter into this Agreement, (c) are not barred from using the Service under applicable law (including sanctions/export laws), and (d) will provide accurate information and keep your account credentials secure. You are responsible for all activities occurring under your account.

2. Changes to the Terms

We may modify these Terms at any time. We will post the updated Terms with an updated “Last Updated” date and may notify you via email, in-product notice, or by requiring re-acceptance. Your continued use after the Effective Date of changes constitutes acceptance. If you do not agree, stop using the Service. Third-party providers may change their terms independently.

3. Beta Service

3.1 Status

The Service is in beta. It may be incomplete, unstable, or change frequently. You may experience bugs, outages, data loss, delays, failed transactions, or degraded performance.

3.2 No Warranties

In addition to Section 14, the Beta is provided “as is” without warranties of any kind.

3.3 Feedback

You agree that we may collect diagnostic/usage information and use any feedback you provide without restriction or compensation.

3.4 Limited Support

Support may be limited and response times are not guaranteed.

3.5 Changes/Termination

We may modify or end the Beta or migrate accounts at any time.

4. Third-Party Services (Privy; Bridge)

4.1 Integration

Certain features are provided by third parties: Privy (embedded self-custodial wallet creation, authentication, access control, transaction signing, and recovery tooling) and Bridge (fiat ↔ crypto conversions, bank linking/verification, KYC/KYB, and processing of ACH/wire/SEPA and other rails).

4.2 Your Agreement with Third Parties

When you use these features, you agree to those providers' terms and privacy policies:

• Privy: Terms of Service | Privacy Policy
• Bridge: Terms of Service | Privacy Policy

4.3 Relationship & Control

Your use of Privy or Bridge is a direct relationship between you and the provider. Their services, fees, limits, availability, and compliance decisions are outside Wink's control. Wink is not responsible for third-party service failures, changes, or data practices.

5. Self-Custodial Nature of the Service

Wink is an interface to blockchain networks and third-party providers. Wink does not hold, custody, or have access to your digital assets or your unencrypted private keys. Transactions are authorized by you and executed on blockchain networks outside Wink's control. Transactions are typically irreversible. If you lose access to your private keys or recovery information, Wink cannot recover your wallet or funds.

6. Account, Security & Recovery

You are solely responsible for safeguarding recovery phrases/keys and securing your devices. Use strong passwords, enable MFA, back up recovery information offline, and beware of phishing. Neither Wink nor Privy can recover your wallet without your recovery information. Loss of recovery information likely results in permanent loss of access to assets.

7. Payments, Fiat Processing & Fees

Fiat deposits/withdrawals are processed by Bridge under its terms. Blockchain transactions may fail or be delayed. Fees include Wink platform fees, Bridge fees, and network fees. Limits may apply based on verification status, risk, method, jurisdiction, or third-party rules.

8. Wallets, Networks & Smart Contracts

Only use supported assets and networks. Interactions with third-party protocols/smart contracts are at your own risk. Wink does not audit or control third-party protocols. Digital assets are volatile and may lose value.

9. Invoicing & Requests

You are responsible for accuracy, legality, tax compliance, and record-keeping of invoices. Payments to your wallet are irreversible.

10. Compliance; KYC/KYB; Sanctions

To use fiat features you must complete KYC/KYB with Bridge. You represent that you are not on any sanctions list or located in a prohibited jurisdiction.

11. Prohibited Activities

You will not use the Service to violate law, infringe rights, deceive, launder money, fund illegal activity, spam, hack, or use unsupported assets/networks.

12. Intellectual Property

The Service is owned by Wink or its licensors. Subject to these Terms, Wink grants you a limited, revocable, non-exclusive license to access and use the Service.

13. User Content & Feedback

You retain ownership of content you submit. You grant Wink a license to use, host, and display such content to provide the Service.

14. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WINK DISCLAIMS ALL WARRANTIES. Wink does not provide financial, tax, or legal advice.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: WINK WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. WINK'S TOTAL LIABILITY WILL NOT EXCEED THE GREATER OF (i) US$100 OR (ii) THE WINK PLATFORM FEES YOU PAID IN THE 12 MONTHS PRECEDING THE EVENT.

16. Indemnification

You will indemnify, defend, and hold harmless Wink from claims, damages, losses, and expenses arising out of your use of the Service or violation of this Agreement.

17. Dispute Resolution; Arbitration

These Terms are governed by Delaware law. Disputes will be resolved by binding arbitration administered by JAMS. You and Wink agree to resolve disputes only on an individual basis; no class actions.

18. Termination

You may close your account at any time. We may suspend or terminate your access with or without notice. Upon termination, your self-custodial wallet remains accessible via your recovery information.

19. Privacy & Data

Your use is subject to our Privacy Policy. Public blockchains are transparent: transaction details may be permanently visible.

20. Communications

You agree that we may provide notices electronically. You consent to use of electronic records and signatures.

21. Taxes

You are solely responsible for any taxes arising from your use of the Service.

22. General

These Terms constitute the entire agreement. If any provision is invalid, the remainder remains in effect. Failure to enforce a provision is not a waiver.