Terms of Service

1. Acceptance of Terms

By creating an account, accessing, or using Winged (the "App"), you agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and all applicable laws. These Terms constitute a legally binding agreement between you and Winged ("we," "us," or "our").

If you do not agree to these Terms, you must not use the App.

2. Eligibility

To use Winged, you must:

• Be at least 18 years old
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the App under applicable laws
• Not be a registered sex offender
• Comply with all local, state, national, and international laws

By creating an account, you represent and warrant that you meet these eligibility requirements.

3. Account Registration

When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Keep your login credentials secure and confidential
• Notify us immediately of any unauthorized access
• Accept responsibility for all activity under your account

You may not:

• Create multiple accounts
• Share your account with others
• Impersonate another person
• Use a fake name or misleading information

4. User Conduct & Community Guidelines

Winged is a community built on respect and safety. You agree to:

4.1 Prohibited Behavior

You may NOT:

• Harass, bully, stalk, threaten, or abuse other users
• Post content that is hateful, discriminatory, violent, or illegal
• Share sexually explicit content without consent
• Solicit money, donations, or financial information
• Promote commercial services, businesses, or products
• Engage in spam, phishing, or fraudulent activity
• Use the App for any illegal or unauthorized purpose
• Attempt to hack, reverse engineer, or compromise the App
• Use bots, scrapers, or automated tools
• Collect or harvest user information

4.2 Profile Content

Your profile must:

• Use real photos of yourself (no celebrity photos, cartoons, or fake images)
• Be appropriate and respectful
• Not include contact information (phone, email, social media handles)
• Not contain copyrighted material you don't own

4.3 Messaging

• Be respectful and appropriate in all conversations
• Do not send unsolicited explicit content
• Respect when someone is not interested and stop messaging

Violation of these guidelines may result in account suspension or permanent ban without refund.

5. AI Double Feature

Winged offers an AI companion feature ("Double") that uses your voice recordings and preferences to chat with matches on your behalf.

5.1 How It Works

• You train your Double by recording voice conversations
• We use voice processing technology (ElevenLabs) to create a voice model
• Your Double can engage in text conversations with matches
• All Double conversations are monitored by content moderation for safety

5.2 Your Responsibilities

• You are responsible for all content generated by your Double
• You must review your Double's conversations regularly
• You must disable your Double if it behaves inappropriately
• You acknowledge that AI responses may not always be perfect or accurate

5.3 Our Rights

• We may disable your Double if it violates community guidelines
• We filter all AI-generated messages to prevent harmful content
• We do not guarantee your Double will match your personality perfectly

6. Subscriptions & Payments

6.1 Virtual Currency ("Wings")

• Winged uses virtual currency called "Wings" for certain features
• Wings can be earned through app activity or purchased via in-app purchase
• Wings have no real-world monetary value and cannot be redeemed for cash
• Unused Wings are forfeited if your account is deleted or suspended

6.2 Premium Subscriptions

• Winged+: Enhanced features and benefits
• WingedX: Premium tier with additional perks

6.3 Billing & Payments

• Subscriptions are billed through Apple App Store
• Subscriptions auto-renew unless cancelled at least 24 hours before renewal
• Prices are shown in your local currency at the time of purchase
• Manage subscriptions through your Apple ID Account Settings

6.4 Refunds

• All purchases are final and non-refundable unless required by law
• Refund requests for App Store purchases must be submitted to Apple
• If your account is banned for violating these Terms, you forfeit all purchases

7. Content Ownership & License

7.1 Your Content

You retain ownership of content you submit (photos, messages, voice recordings). However, by using Winged, you grant us a worldwide, non-exclusive, royalty-free license to:

• Store, process, and display your content
• Use your voice recordings to train your AI Double
• Analyze your data to improve matching algorithms and features
• Moderate your content for safety and compliance

This license terminates when you delete your content or account (subject to legal retention requirements).

7.2 Our Content

Winged owns all rights to the App, including design, code, features, logos, and trademarks. You may not:

• Copy, modify, or distribute any part of the App
• Reverse engineer or decompile the App
• Use our trademarks without written permission

8. Privacy & Data Use

Your privacy is important to us. Our Privacy Policy explains:

• What data we collect and why
• How we use and protect your information
• Your rights and choices regarding your data
• Third-party services we use (ElevenLabs, Supabase, etc.)

By using Winged, you consent to our data practices as described in the Privacy Policy.

9. Content Moderation & Safety

We take safety seriously and employ content moderation to protect our community:

• All AI-generated messages are filtered for harmful content
• Reported content is reviewed by our moderation team
• Violating content may be removed without notice
• Repeat offenders may be permanently banned

Important: We are not responsible for the conduct of other users. If you experience harassment or feel unsafe, please report it immediately through the app or contact support@wingedapp.com.

10. Disclaimers & Limitations

10.1 No Guarantees

Winged is provided "AS IS" without warranties of any kind. We do not guarantee:

• That you will find a romantic match
• The accuracy of user profiles or AI-generated content
• Uninterrupted or error-free service
• The behavior or safety of other users

10.2 Limitation of Liability

To the fullest extent permitted by law, Winged and its officers, directors, employees, and partners are NOT LIABLE for:

• Any indirect, incidental, consequential, or punitive damages
• Loss of profits, data, or goodwill
• Conduct or content of other users
• Unauthorized access to your account
• Errors or omissions in the App

Total Liability: Our total liability to you for all claims arising from your use of Winged shall not exceed the amount you paid us in the 12 months before the claim, or $100 (whichever is greater).

10.3 Assumption of Risk

You acknowledge that:

• Meeting people online carries inherent risks
• You are responsible for your own safety when meeting matches in person
• We do not conduct background checks on users
• You should take precautions when sharing personal information

11. Indemnification

You agree to defend, indemnify, and hold harmless Winged and its affiliates from any claims, damages, losses, or expenses (including attorney fees) arising from:

• Your use or misuse of the App
• Your violation of these Terms
• Your violation of any rights of another user or third party
• Content you submit to the App

12. Termination

12.1 By You

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

• Your profile will be removed
• Your messages will be deleted
• Your voice data and AI Double will be deleted
• Unused Wings and active subscriptions will be forfeited (no refund)

12.2 By Us

We may suspend or terminate your account immediately, without notice, if:

• You violate these Terms or community guidelines
• We suspect fraudulent or illegal activity
• We are required to do so by law
• We discontinue the App

No refunds will be provided for terminations due to violations.

13. Dispute Resolution

13.1 Informal Resolution

If you have a dispute with Winged, please contact us at support@wingedapp.com first. We will attempt to resolve the issue informally within 30 days.

13.2 Arbitration Agreement

If informal resolution fails, you agree to resolve disputes through binding arbitration rather than in court, except:

• Small claims court proceedings
• Injunctive relief for intellectual property infringement

Arbitration will be conducted by a neutral arbitrator under the rules of a recognized arbitration organization. Each party pays their own costs, unless the arbitrator awards costs to the prevailing party.

13.3 Class Action Waiver

You agree to resolve disputes on an individual basis only. You waive the right to participate in class actions, class arbitrations, or representative actions.

13.4 Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.

14. Changes to Terms

We may modify these Terms at any time. When we make significant changes, we will:

• Notify you via email or in-app notification
• Update the "Last Updated" date at the top of this page
• Require your acceptance if legally required

Your continued use of Winged after changes constitutes acceptance of the updated Terms. If you don't agree to the changes, you must stop using the App and delete your account.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Winged and supersede any prior agreements.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full effect.

15.3 Waiver

Our failure to enforce any provision does not constitute a waiver of that provision or any other provision.

15.4 Assignment

You may not assign or transfer these Terms. We may assign these Terms to any affiliate or successor without notice.

15.5 Third-Party Services

Winged uses third-party services (Supabase, ElevenLabs, OpenAI, Firebase, RevenueCat, PostHog, Google Places API, Twilio) that have their own terms and conditions. You agree to comply with their terms when using those features. For full details, see our Privacy Policy.

15.6 SMS Communications

Program Name: Winged SMS Notifications

Description: By providing your phone number during registration, you consent to receive SMS text messages from Winged, an AI-powered dating platform. These messages help facilitate your dating experience and keep you informed about important account activity.

Message Types:

• Account verification codes (required)
• Date reminders and confirmations
• Important account notifications
• Optional messages from your AI Double (if enabled)

Message Frequency: Message frequency varies depending on your account activity and preferences. You may receive verification codes during sign-up, date-related notifications when you schedule dates, and optional Double messages if you enable that feature.

Message and Data Rates: Message and data rates may apply. Contact your mobile carrier for details about your specific plan.

Opt-Out Instructions: You can opt out of non-essential SMS communications at any time by texting STOP to any message from Winged. For help, text HELP or contact us at support@wingedapp.com. Note that opting out of SMS may limit certain app features, and you may still receive essential account-related messages required for security purposes.

Support: For assistance, email support@wingedapp.com or visit Settings → Help & Support in the app.

SMS Provider: SMS services are provided by Twilio. For more information about how we use your phone number and protect your data, see our Privacy Policy.

16. Contact Us

If you have questions or concerns about these Terms:

• Email: support@wingedapp.com
• Legal Inquiries: legal@wingedapp.com
• In-App: Settings → Help & Support

We will respond to your inquiry within 30 days.