Winky WinkyTM

Terms of Service

Effective date: August 24, 2026 · Last updated: September 25, 2026

1.Introduction and Acceptance of These Terms

Welcome to WINKY® — The First Hello™.

These Terms of Service ("Terms") govern your access to and use of the WINKY® mobile application and related services (collectively, the "Service" or "Winky").

Winky is owned and operated by Life on Queen Inc. ("Life on Queen," "Winky," "we," "us," or "our").

Please read these Terms carefully before creating an account or using Winky.

By creating a Winky account, accessing the Service, or using any Winky feature, you acknowledge that you have read, understood and agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you must not create a Winky account or access or use the Service.

2.What Winky Is

Winky is designed to help adults discover and communicate with other people nearby.

WINKY® — The First Hello™ is built around a simple idea: sometimes starting a conversation is the hardest part.

Winky uses proximity-based technology to help users discover other Winky users within selected geographic ranges and, where permitted by the Service, communicate with them.

Winky may provide features including:

  • nearby user discovery;
  • proximity or discovery ranges;
  • user profiles;
  • First Hellos;
  • private messaging after acceptance of a First Hello;
  • voice or video communications;
  • conversation or interaction history;
  • blocking and reporting; and
  • other social and communication features that we may introduce from time to time.

Winky facilitates introductions and communications between users. Winky is not responsible for creating, supervising, verifying or guaranteeing any friendship, relationship, meeting, conversation or other interaction between users.

3.You Must Be 18 or Older

Winky is intended exclusively for adults who are 18 years of age or older.

You may not create an account or use Winky if you are under 18 years of age.

By creating an account or using Winky, you represent and warrant that:

  1. you are at least 18 years old;
  2. you have the legal capacity to enter into these Terms; and
  3. you are not prohibited by applicable law from using the Service.

If we discover or reasonably believe that a user is under 18, we may immediately suspend or terminate the account.

If you believe that a person under 18 is using Winky, please report the account through the Service or contact us at info@winky.com.

4.Your Winky Account

You must create an account to access certain Winky features.

You agree to provide accurate information when creating and maintaining your account and not to impersonate another person or misrepresent your identity.

You are responsible for maintaining control of your account, device and authentication credentials and for activity occurring through your account.

You must notify us promptly if you believe that your account has been accessed or used without authorization.

You may not create an account for another person without authorization.

You may not sell, transfer, license or otherwise provide your Winky account to another person.

We reserve the right to refuse, suspend or remove a display name, username, profile photograph, bio or other account information that violates these Terms or the rights of another person.

5.Your Name and Username

Winky allows you to identify yourself to other users using the identity options made available within the Service.

Depending on Winky's current features, you may be able to use your chosen name or a username.

You may not use a name or username that:

  • impersonates another person;
  • falsely suggests an affiliation with another person, organization or business;
  • infringes another person's trademark, copyright or other rights;
  • is fraudulent or intentionally misleading;
  • contains prohibited or seriously offensive content; or
  • otherwise violates these Terms.

Any restrictions within Winky concerning how often a username or other account identifier may be changed will be disclosed through the applicable feature.

6.Location and Nearby Discovery

Location is a fundamental part of the Winky Service.

With your permission, Winky uses your device's location to determine which other Winky users are within the applicable discovery range.

Winky may provide discovery ranges such as:

  • Closest — 75 ft
  • Nearby — 300 ft
  • Walkable — 1,000 ft
  • Area — ½ mile

The available ranges may change as Winky develops.

Your Exact Location

Winky does not display your exact GPS coordinates, street address or precise geographic location to other Winky users.

Winky uses location information to determine proximity and whether users fall within the discovery range selected within the Service.

However, you acknowledge that another person may sometimes be able to infer your approximate location from circumstances outside Winky—for example, because you are in a small or identifiable location or because of information you voluntarily disclose.

You should therefore use reasonable judgment when sharing information about your location.

Accuracy of Location Information

Location and proximity information may not always be exact.

Accuracy may be affected by GPS availability, device settings, buildings, network conditions, operating systems, technical limitations, delayed updates or other circumstances outside Winky's control.

You should not rely on Winky as a precise location, navigation, emergency or safety service.

7.Private Messages and End-to-End Encryption

Private Winky chat messages are protected by end-to-end encryption.

Winky voice and video calls also use end-to-end encryption.

End-to-end encryption is designed so that only participants in an encrypted conversation possess the ability to read the content of those messages.

Winky does not possess the encryption keys necessary to decrypt and read the content of private end-to-end encrypted chat messages.

Accordingly, Winky, Life on Queen Inc., our developers, programmers, administrators and hosting providers cannot read the content of your end-to-end encrypted private chat messages.

Our systems may nevertheless process limited technical information associated with communications when necessary to transmit messages, provide the Service, maintain security or troubleshoot technical problems.

Such information may include sender and recipient account identifiers, timestamps, delivery information, device or application information, IP addresses and other communications metadata.

You acknowledge that end-to-end encryption protects message content within the encrypted communications system, but it cannot control what another participant does with information after receiving it.

Another user may retain, copy, photograph, screenshot or otherwise preserve information that you voluntarily send or display.

You should therefore exercise judgment when sharing personal or sensitive information with another user.

8.First Hellos and Communications

Winky provides tools intended to help users begin conversations and request calls with one another.

A user may send a First Hello to someone discovered nearby. The recipient must accept it before a private chat can begin. Receiving a First Hello, call request or other communication does not create an obligation to respond. Voice and video calling require a separate accepted call request.

Every user has the right to decide whether or not to communicate with another user.

You must respect another user's decision not to communicate with you.

You must not repeatedly contact, pressure, follow, threaten, intimidate or harass another user who has indicated that they do not wish to communicate.

Where Winky provides blocking functionality, a blocked user must not attempt to circumvent the block through another account or other means.

9.Real-World Interactions and Personal Safety

Winky helps people discover and communicate with other people nearby, but Winky does not control the conduct of its users.

Unless Winky expressly states otherwise for a particular feature, we do not conduct criminal background checks on users and we do not independently verify every user's identity, age, statements, intentions, history or profile information.

A Winky profile should therefore not be interpreted as a guarantee that the person is who they claim to be or that interacting with that person is safe.

You are responsible for exercising your own judgment when deciding whether to communicate with, meet or otherwise interact with another user.

If you choose to meet someone you discovered through Winky, you assume responsibility for that decision and interaction.

You should never feel obligated to meet, communicate with or continue interacting with another person.

If another user makes you uncomfortable, you may stop communicating, block the user and report the user to Winky.

Winky is not an emergency service. If you believe that you or another person is facing an immediate emergency, contact the appropriate local emergency service.

10.Acceptable Use and User Conduct

Winky is intended to help people make genuine, respectful connections.

You agree to treat other users with respect and to use Winky lawfully and responsibly.

You may not use Winky to:

  • threaten, bully, stalk, intimidate or harass another person;
  • repeatedly contact someone who has indicated that they do not wish to communicate;
  • impersonate another person;
  • deceive users about your identity for fraudulent or harmful purposes;
  • discriminate against or target people with hateful or abusive conduct;
  • post or transmit unlawful, threatening, defamatory or seriously offensive content;
  • distribute sexually exploitative or unlawful sexual content;
  • exploit, endanger or attempt to communicate sexually with a minor;
  • solicit or facilitate prostitution, human trafficking or sexual exploitation;
  • promote or facilitate criminal activity;
  • defraud, scam or financially exploit another person;
  • solicit money from users through deception or manipulation;
  • distribute spam or unauthorized commercial solicitations;
  • introduce malware, malicious code or other harmful technology;
  • interfere with or attempt to disrupt Winky's systems or security;
  • attempt to gain unauthorized access to another user's account;
  • scrape, harvest or systematically collect information about Winky users without authorization;
  • use automated systems, bots or scripts to access Winky except where expressly authorized by us;
  • circumvent another user's block or Winky's account restrictions;
  • violate another person's privacy, intellectual property or other legal rights; or
  • use Winky for any purpose that violates applicable law or these Terms.

We may investigate reported or suspected violations and take action we consider appropriate, including warnings, restrictions, account suspension or account termination.

11.User Content

Winky may allow you to create, upload, transmit, display or otherwise provide information, photographs, profile information, text, messages or other materials ("User Content").

You retain ownership of User Content that you own.

You are responsible for the User Content you choose to provide through Winky and for ensuring that you have the legal right to provide it.

For User Content that must be displayed, stored, transmitted or otherwise processed to operate Winky, you grant Life on Queen Inc. a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, display, transmit and technically process that User Content only as reasonably necessary to operate, provide, secure and improve the Service, subject to our Privacy Policy.

This licence does not transfer ownership of your User Content to Winky.

For end-to-end encrypted private message content, our ability to process that content is technically limited by the encryption architecture described in these Terms and our Privacy Policy.

You represent and warrant that your User Content does not violate another person's copyright, trademark, privacy, publicity or other rights.

12.Reporting and Blocking

Winky provides tools that allow users to report another user from a chat, profile or nearby-discovery screen.

Reports may be placed into a review process so that Winky can investigate reported conduct and, where appropriate, restrict, suspend or ban an account.

Winky may group repeated reports concerning the same user and may impose reasonable limits on reporting activity to help prevent abuse or manipulation of the reporting system.

You agree not to misuse Winky's reporting functionality or knowingly submit false, malicious or abusive reports.

If you report another user, you may voluntarily provide information, screenshots or other materials relating to the reported conduct. Information voluntarily submitted as part of a report may be reviewed for investigation, safety, enforcement and support purposes.

Submitting information as part of a report does not provide Winky with general access to your other end-to-end encrypted conversations.

Winky also provides blocking functionality.

When you block another user, that user cannot message or call you through Winky, and you and the blocked user will no longer appear to one another through Winky's nearby-discovery functionality.

Blocking is reversible through the applicable Winky functionality.

We may investigate reports and take action we consider appropriate, but we cannot guarantee that every report will result in restriction, suspension or termination of an account.

13.No Guarantee Regarding Users

Winky does not endorse any individual user.

Except where expressly stated otherwise, we make no representation or warranty regarding:

  • a user's identity;
  • the truth or accuracy of a user's profile;
  • a user's intentions;
  • a user's background;
  • a user's behaviour;
  • a user's relationship status;
  • compatibility between users; or
  • the outcome of any interaction or relationship.

You are responsible for evaluating the people with whom you choose to communicate or interact.

14.Privacy

Your privacy is important to us.

Our collection, use, storage and disclosure of personal information are described in the WINKY® Privacy Policy, which should be read together with these Terms.

By using the Service, you acknowledge that your personal information will be handled as described in our Privacy Policy and in accordance with applicable law.

15.Intellectual Property

The Winky Service and all materials owned by Life on Queen Inc., including without limitation software, code, designs, graphics, logos, icons, text, interfaces, features, functionality and other proprietary materials ("Winky Content"), are owned by Life on Queen Inc. or its licensors and are protected by applicable copyright, trademark and other intellectual property laws.

WINKY®, The First Hello™, Winky logos, branding and associated marks are trademarks or intellectual property of Life on Queen Inc. or are used by Life on Queen Inc. under applicable rights.

Except for the limited right to use the Service in accordance with these Terms, no right, title or interest in Winky or Winky Content is transferred to you.

You may not copy, reproduce, modify, distribute, sell, license, reverse engineer, decompile, attempt to extract source code from, create derivative works from or commercially exploit Winky or Winky Content except where expressly permitted by law or authorized by us in writing.

16.Limited Licence to Use Winky

Subject to your compliance with these Terms, Life on Queen Inc. grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to download, access and use Winky for your personal, non-commercial use.

This licence terminates automatically when your account is terminated or when you cease to be entitled to use the Service.

17.Third-Party Services

Winky may use or integrate technology, infrastructure or services supplied by third parties.

Winky may also contain links to third-party websites, applications or services.

Life on Queen Inc. does not control third-party services and is not responsible for their independent content, availability, security, privacy practices or conduct.

Your use of a third-party service may be subject to that provider's own terms and privacy policy.

18.Availability and Changes to the Service

We work to provide a reliable Service, but we do not guarantee that Winky will always be available, uninterrupted or error-free.

We may from time to time:

  • modify Winky;
  • add or remove features;
  • change discovery ranges;
  • update technical requirements;
  • perform maintenance;
  • suspend features;
  • discontinue features; or
  • discontinue all or part of the Service.

We may make these changes when reasonably necessary for technical, operational, security, legal or business reasons.

19.Suspension, Restrictions and Termination

We may suspend, restrict or terminate your access to Winky if we reasonably believe that:

  • you violated these Terms;
  • you created a risk to another user;
  • you engaged in fraudulent, abusive or unlawful conduct;
  • your account presents a security risk;
  • your use of Winky may expose Life on Queen Inc. or another person to legal liability; or
  • suspension or termination is otherwise reasonably necessary to protect Winky, our users or the Service.

Serious or repeated violations may result in immediate termination or a ban from the Service.

Where appropriate, we may take reasonable technical measures designed to prevent a user whose account has been banned or restricted from circumventing that action by deleting the account and creating another account.

20.Account Deletion

You may delete your Winky account in the app through Profile, Settings and Delete account. Removing the app from your device alone does not delete your account.

When you delete your account, Winky deletes the personal account and profile information associated with that account from its active systems, including your name, telephone number, email address, profile photograph and stored location history.

Messages and records of calls that you previously sent or made to other Winky users may remain in those users' conversation or communication histories. After your account is deleted, those communications will no longer be displayed as originating from your active Winky profile and may instead appear as originating from a deleted user.

Winky may retain a limited record after account deletion for legitimate operational purposes, including maintaining aggregate statistics concerning accounts that joined and left the Service and helping prevent a person whose account was banned or restricted from circumventing that action by deleting the account and creating another account.

Winky limits such retained information to what is reasonably necessary for those purposes and handles it in accordance with the WINKY® Privacy Policy and applicable law.

Information that another person has independently retained outside Winky, such as a screenshot, photograph or other copy stored on another person's device, is outside Winky's control.

Deleting your account terminates your right to use the Service but does not affect provisions of these Terms that by their nature are intended to survive termination.

21.Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WINKY IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

LIFE ON QUEEN INC. DOES NOT WARRANT THAT:

  • THE SERVICE WILL ALWAYS BE AVAILABLE OR UNINTERRUPTED;
  • THE SERVICE WILL BE COMPLETELY ERROR-FREE;
  • LOCATION OR PROXIMITY INFORMATION WILL ALWAYS BE PRECISE;
  • EVERY USER WILL PROVIDE ACCURATE INFORMATION;
  • EVERY USER WILL BEHAVE APPROPRIATELY;
  • THE SERVICE WILL RESULT IN ANY PARTICULAR FRIENDSHIP, RELATIONSHIP, MEETING OR OTHER OUTCOME; OR
  • EVERY SECURITY RISK OR UNAUTHORIZED ACTIVITY CAN BE PREVENTED.

TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM WARRANTIES AND CONDITIONS THAT ARE NOT EXPRESSLY PROVIDED IN THESE TERMS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Nothing in these Terms excludes any warranty, condition, right or remedy that cannot lawfully be excluded under applicable law.

22.Assumption of Risk Regarding User Interactions

You acknowledge that communicating or meeting with people whom you do not already know involves risks that Winky cannot completely eliminate.

You voluntarily assume the risks associated with your interactions with other users to the extent permitted by applicable law.

Life on Queen Inc. is not responsible for the independent acts or omissions of users outside our reasonable control.

Nothing in these Terms is intended to exclude or limit liability that cannot legally be excluded or limited.

23.Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LIFE ON QUEEN INC. AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, DEVELOPERS, AGENTS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO YOUR USE OF OR INABILITY TO USE WINKY.

THIS INCLUDES, TO THE EXTENT PERMITTED BY LAW, DAMAGES ARISING FROM:

  • LOSS OF DATA;
  • LOSS OF PROFITS OR BUSINESS OPPORTUNITIES;
  • INTERRUPTION OF SERVICE;
  • USER CONTENT;
  • UNAUTHORIZED ACCESS TO AN ACCOUNT;
  • THE CONDUCT OF ANOTHER USER;
  • COMMUNICATIONS BETWEEN USERS;
  • MEETINGS OR OTHER INTERACTIONS BETWEEN USERS;
  • RELIANCE ON LOCATION OR PROXIMITY INFORMATION; OR
  • THIRD-PARTY SERVICES.

WINKY DOES NOT CONTROL AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IS NOT RESPONSIBLE FOR THE INDEPENDENT CONDUCT OF USERS OR THIRD PARTIES.

Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law.

24.Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Life on Queen Inc. and its affiliates, directors, officers, employees, contractors and agents from claims, losses, liabilities, damages, costs and reasonable legal expenses arising from or relating to:

  • your unlawful use of Winky;
  • your material violation of these Terms;
  • User Content you provide;
  • your violation of another person's rights; or
  • your fraud, wilful misconduct or unlawful conduct.

Life on Queen Inc. reserves the right to participate in the defence or settlement of any matter subject to indemnification.

25.No Waiver

If Life on Queen Inc. does not immediately enforce a provision of these Terms, that does not mean we have waived our right to enforce that provision later.

A waiver of any provision is effective only if expressly made by us in writing.

26.Severability

If any provision of these Terms is determined by a court of competent jurisdiction to be invalid, unlawful or unenforceable, that provision will be interpreted or limited to the minimum extent necessary to make it enforceable where legally permissible.

The remaining provisions will continue in full force and effect.

27.Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

Life on Queen Inc. may assign or transfer its rights and obligations under these Terms as part of a merger, acquisition, corporate reorganization, financing, sale of assets or similar transaction, subject to applicable law.

28.Governing Law

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

Subject to any rights that you may have under applicable consumer protection or other mandatory laws, disputes arising from or relating to these Terms or Winky will be subject to the jurisdiction of the courts located in Ontario, Canada.

Nothing in these Terms deprives you of protections or rights that cannot lawfully be waived under the laws applicable to you.

29.Changes to These Terms

We may update these Terms from time to time to reflect changes to Winky, our business, technology, legal requirements or other circumstances.

When we update these Terms, we will revise the Last Updated date at the beginning of the Terms.

If a change materially affects your rights or obligations, we will provide reasonable notice where required by applicable law.

Where legally required, we may ask you to affirmatively accept updated Terms before continuing to use Winky.

If you do not agree to updated Terms, you must stop using Winky and may delete your account.

30.Entire Agreement

These Terms, together with the WINKY® Privacy Policy and any additional terms expressly presented to you for a particular Winky feature, constitute the agreement between you and Life on Queen Inc. concerning your use of the Service.

If additional terms applicable to a particular feature conflict with these Terms, the additional terms will govern with respect to that feature to the extent of the conflict.

31.Contact Us

If you have questions about these Terms, need assistance with your Winky account, or wish to report a concern, please contact:

Life on Queen Inc.
WINKY® — The First Hello™
Toronto, Ontario, Canada

Email: info@winky.com

WINKY® — The First Hello™
Because every friend was once a stranger.