Terms & Conditions

Last Updated: March 25, 2026

Important Notice: Please read these Terms and Conditions carefully. They contain an arbitration agreement and class action waiver (Section 15) affecting your legal rights. You agree to binding individual arbitration rather than court resolution and waive class action participation rights. An opt-out option exists within thirty days of accepting these terms.

1. Acceptance of Terms

These terms constitute a legally binding agreement between you and Sean Pak, operating as Pingo, governing your access to and use of the Pingo mobile application, website, and related services (collectively, the "Service"). Upon formal incorporation, these terms will be updated to reflect the corporate entity.

By creating an account, downloading the app, or accessing the Service, you acknowledge that you have read and agree to these terms and the Privacy Policy. If you do not agree, you must not access or use the Service.

2. Description of Service

Program Name: Pingo — Pin Now, Go Later.

Pingo functions as a restaurant discovery application enabling users to save restaurant recommendations from social media platforms like TikTok and Instagram to a personal, interactive map. Features include AI-powered restaurant search, proximity-based alerts, check-in tracking, collaborative lists, personalized recommendations, and shareable restaurant profiles. The Service is available as a mobile application for iOS devices.

The Service is provided free of charge. Optional premium features may be introduced in the future with separate terms and pricing disclosed at purchase time.

3. Eligibility

The Service targets users aged eighteen (18) years or older. By creating an account, you represent and warrant that you meet this age requirement and possess legal capacity to enter into these terms. Users between thirteen (13) and seventeen (17) may use the Service only with verifiable parental or legal guardian consent, with that guardian agreeing to be bound by these terms.

Users under thirteen (13) are strictly prohibited from creating accounts or using the Service. Upon discovering personal information collection from users under thirteen (13) without verified parental consent, Pingo will promptly delete that information and terminate the account.

4. Account Registration and Security

Using certain Service features requires account creation via phone number verification through SMS verification codes. You agree to:

Provide a valid, personally-owned or authorized phone number
Maintain account security and avoid sharing access
Immediately notify sean.mk.pak@gmail.com of unauthorized account access or use
Accept responsibility for all account activities

You acknowledge that standard SMS message and data rates from your wireless carrier may apply when receiving verification codes. Pingo reserves the right to suspend or terminate accounts violating these terms, reasonably believed to be compromised, or inactive for more than twenty-four (24) consecutive months.

5. User Content

5.1 Your Content

"User Content" encompasses all content you create, upload, post, or share through the Service, including restaurant saves, lists, reviews, ratings, notes, photos, and profile information.

You retain all ownership rights in your User Content. By submitting User Content, you grant Pingo a non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display the content solely for operating, improving, and promoting the Service. This license continues until you delete the User Content or your account, after which Pingo ceases displaying it within a commercially reasonable timeframe, except that previously distributed copies may remain in recipients' collections and aggregated, de-identified derivatives that cannot identify you may be retained.

5.2 Content Standards

You agree not to submit User Content that:

Is false, misleading, defamatory, obscene, harassing, threatening, or invasive of another's privacy
Infringes any patent, trademark, copyright, trade secret, or other intellectual property or proprietary right
Violates any applicable law, regulation, or these terms
Contains viruses, malware, or other harmful code
Constitutes unsolicited advertising, spam, or commercial solicitation
Impersonates any person or entity, or misrepresents affiliation with any person or entity

5.3 Content Moderation

Pingo reserves the right (but has no obligation) to review, remove, or disable access to any User Content violating these terms or deemed objectionable in its sole discretion and without prior notice. Pingo does not guarantee the accuracy, completeness, or reliability of any User Content.

6. Social Media Content and Third-Party Links

The Service allows you to save links from third-party platforms such as TikTok, Instagram, and Google Maps. Pingo processes these links to extract restaurant information like name and location. The service does not download, re-host, or store underlying third-party content such as videos or images. Thumbnails and previews, where displayed, are rendered via the originating platform's official embed mechanisms or publicly available metadata.

Pingo is not responsible for the availability, accuracy, or content of third-party platforms. Your use of third-party platforms is subject to their respective terms of service and privacy policies. Links to third-party services do not constitute endorsement by Pingo.

7. Acceptable Use

You agree not to:

Use the Service for any unlawful purpose or in violation of any applicable law or regulation
Reverse engineer, decompile, disassemble, or otherwise attempt to derive the Service's source code
Use automated means (including bots, scrapers, or crawlers) to access, collect data from, or interact with the Service without prior written consent
Interfere with or disrupt the integrity or performance of the Service or its underlying infrastructure
Attempt to gain unauthorized access to any part of the Service, other user accounts, or connected computer systems or networks
Use the Service to transmit content containing viruses, worms, or other malicious code
Circumvent, disable, or otherwise interfere with security-related features
Create multiple accounts for deceptive purposes or after previous account termination
Use another user's account without permission
Use the Service in any manner that could damage, disable, overburden, or impair it
Use the SMS verification system to send unsolicited messages or for purposes other than account authentication

8. Intellectual Property

The Service, including its design, features, functionality, underlying code, graphics, logos, trademarks, service marks, and all related intellectual property (collectively, "Pingo IP"), is owned by or licensed to Pingo and protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Subject to compliance with these terms, Pingo grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the Service on a single mobile device owned or controlled by you, solely for personal, non-commercial use. This license does not include rights to modify, distribute, sell, lease, or create derivative works. All other rights are reserved by Pingo.

9. Copyright Infringement and DMCA

Pingo respects intellectual property rights and expects users to do the same. If you believe copyrighted work infringement has occurred, please provide the designated DMCA agent with:

Physical or electronic signature of the copyright owner or authorized representative
Identification of the copyrighted work claimed to be infringed
Identification of the allegedly infringing material with information reasonably sufficient to locate it
Contact information (address, telephone number, and email)
Statement of good faith belief that material use is not authorized by the copyright owner, its agent, or law
Statement made under penalty of perjury that the notification information is accurate and the sender is authorized to act on behalf of the copyright owner

DMCA Agent: sean.mk.pak@gmail.com

Pingo will respond to valid DMCA notices according to the Digital Millennium Copyright Act. Repeat infringers will have accounts terminated.

10. SMS and Text Messaging

The following disclosures comply with the Telephone Consumer Protection Act (TCPA) and wireless carrier requirements.

Program Name: Pingo Notifications.

Program Description: By creating an account and providing a phone number, you consent to receiving SMS/text messages from Pingo. Messages include account verification codes (required for login), security alerts, and service-related notifications. With separate opt-in consent, you may receive proximity alerts for saved restaurants, promotional offers, and new feature announcements.

Message Frequency: Message frequency varies based on account activity and notification preferences. Verification codes are sent each time you log in. Other service messages may total approximately 10 messages per month, though actual frequency may be fewer depending on settings and activity. Recurring messages may be sent.

Message and Data Rates: Standard message and data rates may apply depending on your wireless carrier and plan. Pingo does not charge fees for SMS messages, but carrier standard messaging rates apply.

Consent: By providing your mobile phone number during account registration, you expressly consent to receive recurring automated text messages from Pingo at the provided number, including verification codes necessary for authentication. Verification code consent is required to use the Service. Promotional or marketing message consent is not a condition of use and may be granted or revoked separately.

Opt-Out Instructions: You may opt out of receiving non-essential text messages (such as promotional messages and proximity alerts) at any time. To stop receiving all non-essential text messages from Pingo, reply STOP to any received message. After sending STOP, you will receive a single confirmation message and no further non-essential texts will be sent unless you re-subscribe. You may also opt out through the notification settings within the Pingo app. You cannot opt out of account verification codes while maintaining an active account, as these are necessary for authentication.

Help: For help or more information about the SMS program, reply HELP to any received message or contact sean.mk.pak@gmail.com.

Supported Carriers: Pingo's SMS program is supported on all major U.S. wireless carriers, including AT&T, Verizon, T-Mobile, and others. Carriers are not liable for delayed or undelivered messages.

Privacy: Your phone number and messaging data are subject to the Privacy Policy. Pingo does not sell, rent, or share phone numbers with third parties for their own marketing purposes.

Support Contact Information:
Email: sean.mk.pak@gmail.com
Text HELP to the messaging number for immediate assistance

11. Push Notifications

With your permission, Pingo may send push notifications regarding proximity alerts, friend activity, new features, and other service-related updates. You can manage push notification preferences at any time through device settings (Settings > Notifications > Pingo) or through the Pingo app settings.

12. Fees and Payments

The Service is currently provided free of charge. If premium features or subscription plans are introduced in the future, all pricing, billing terms, and cancellation policies will be clearly disclosed before any charges. Any paid features will be offered on an opt-in basis and will not affect the ability to use free Service features.

Purchases through the Apple App Store are subject to Apple's terms and refund policies.

13. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Without limiting the foregoing, Pingo does not warrant that:

The Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components
Results obtained from Service use will be accurate or reliable
Any restaurant information (including hours, menus, prices, reviews, or availability) displayed in the Service is accurate, current, or complete
SMS verification codes will be delivered without delay or failure by wireless carriers
Any Service errors will be corrected

Pingo is a discovery and organizational tool. The company does not operate, endorse, or guarantee any restaurant, business, or venue appearing in the Service. All dining decisions are made at your own risk. Restaurant information is provided by users and third-party sources and may contain errors.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PINGO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, including damages for loss of profits, goodwill, use, data, or other intangible losses, regardless of whether such damages are based on contract, tort, negligence, strict liability, or any other legal theory, and even if Pingo has been advised of such damages' possibility.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PINGO'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU HAVE PAID TO PINGO IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

These limitations do not apply to: liability arising from Pingo's gross negligence or willful misconduct; death or personal injury caused by Pingo's negligence; fraud or fraudulent misrepresentation; or any liability that cannot be excluded or limited under applicable law.

Some jurisdictions do not allow exclusion or limitation of certain damages. In such jurisdictions, the limitations above shall apply to the maximum extent permitted by law.

15. Dispute Resolution, Arbitration, and Class Action Waiver

This section affects your legal rights, including your right to file lawsuits in court and have jury trials.

15.1 Informal Resolution First

Before initiating formal dispute resolution, you and Pingo agree to attempt informal resolution of any dispute, claim, or controversy ("Dispute"). The party raising the Dispute shall send a written notice ("Notice of Dispute") to the other party describing the Dispute's nature and requested relief. For notices to Pingo, send to: sean.mk.pak@gmail.com. For notices to you, Pingo will use the phone number or email address associated with your account. The parties shall attempt informal Dispute resolution for at least sixty (60) days from the Notice of Dispute date. During this period, any applicable statute of limitations and filing-fee deadlines shall be tolled.

15.2 Binding Arbitration

If a Dispute is not resolved informally within sixty (60) days, either party may initiate binding arbitration. All Disputes shall be resolved through final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, as modified by this Section. AAA rules are available at www.adr.org.

Arbitration shall be conducted by a single arbitrator. The arbitration shall be conducted in the county in which you reside, or at your election, by telephone, video conference, or written submission. For claims of $10,000 or less, you may choose whether arbitration proceeds in person, by telephone, video conference, or based solely on written submissions.

The arbitrator shall have exclusive authority to resolve all Disputes, including any claim that all or part of these terms is void or voidable. The arbitrator shall have the power to award any relief that would be available in a court of competent jurisdiction.

Payment of Fees: For all claims of $75,000 or less, Pingo will pay all AAA filing, administration, and arbitrator fees. For claims exceeding $75,000, fees shall be allocated as provided by the AAA Consumer Arbitration Rules. Regardless of the amount in dispute, Pingo will not seek to recover its attorneys' fees and costs in arbitration unless the arbitrator finds the claim frivolous.

15.3 Class Action Waiver

YOU AND PINGO AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER in any purported class, collective, consolidated, private attorney general, or representative proceeding.

The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative or class proceeding. If this class action waiver is found unenforceable with respect to a particular claim or request for relief, that claim or request for relief shall be severed and proceed in a court of competent jurisdiction, while remaining claims shall proceed in arbitration.

15.4 Mass Arbitration Procedures

If twenty-five (25) or more similar arbitration demands are filed against Pingo within a sixty (60) day period ("Mass Filing"), the following procedures apply: the parties shall cooperate to select ten (10) individual cases as bellwether proceedings to be arbitrated first. The remaining cases shall be stayed pending the bellwether proceedings' outcome. Following the bellwether arbitrations, the parties shall engage in a single mediation session. If Disputes remain unresolved after mediation, the remaining cases shall proceed in batches of no more than fifty (50) at a time.

15.5 Opt-Out Right

You have the right to opt out of this arbitration agreement. To opt out, you must send a written notice to sean.mk.pak@gmail.com within thirty (30) days of first accepting these terms. The notice must include your full name, account phone number, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, you may pursue claims in court subject to these terms' other provisions. Opting out of arbitration will not affect any other provision of these terms.

15.6 Exceptions

Notwithstanding the foregoing, either party may: (a) bring an individual claim in small claims court if the claim qualifies; (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights; or (c) bring claims that cannot be subject to mandatory arbitration under applicable law, including claims under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021.

15.7 Severability

If any portion of this Section 15 is found unenforceable, the remainder shall continue in full force and effect. If the class action waiver (Section 15.3) is found unenforceable in its entirety, then this entire Section 15 shall be null and void, and the Dispute shall be resolved in court, subject to these terms' remaining provisions.

16. Indemnification

You agree to indemnify, defend, and hold harmless Pingo and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of the Service; (b) your User Content; (c) your violation of these terms; (d) your violation of any third-party rights; or (e) your violation of any applicable law or regulation.

Pingo will promptly notify you of any such claim and will provide reasonable assistance, at your expense, in defending any such claim. You shall not settle any claim without Pingo's prior written consent.

17. Modification of Terms

Pingo reserves the right to modify these terms at any time. When making material changes, Pingo will:

Post the revised terms within the app and on the website with a new "Last Updated" date
Notify you via in-app notification at least thirty (30) days before the changes take effect
Where email addresses are available, send notification by email as well

For arbitration agreement or dispute resolution provisions changes (Section 15): Pingo will require affirmative acceptance of revised terms via clickthrough confirmation before you can continue using the Service. If you do not accept revised arbitration terms, the prior arbitration agreement version will continue applying to Disputes between the parties.

For all other material changes, continued Service use after the revised terms' effective date constitutes acceptance. If you disagree with changes, you must stop using the Service and delete your account.

Pingo will maintain an archive of prior terms versions, accessible upon request.

18. Termination

18.1 Termination by You

You may terminate your account at any time by deleting the account through the app settings or by contacting sean.mk.pak@gmail.com. Upon termination, your rights to use the Service immediately cease.

18.2 Termination by Pingo

Pingo may suspend or terminate your account and Service access at any time, with or without cause, and with or without notice. Termination grounds include, but are not limited to: terms violations, fraudulent or illegal activity, extended inactivity (24+ months), or conduct Pingo reasonably believes is harmful to other users, Pingo, or third parties.

18.3 Effect of Termination

Upon termination: (a) your license to use the Service is immediately revoked; (b) Pingo will delete your personal information according to its Privacy Policy; (c) the following sections survive termination: Sections 5 (User Content, to the extent of previously granted licenses), 8 (Intellectual Property), 13 (Disclaimers), 14 (Limitation of Liability), 15 (Dispute Resolution), 16 (Indemnification), and 20 (General Provisions).

19. Governing Law and Jurisdiction

These terms and any Dispute arising out of or relating to them shall be governed by and construed according to Delaware law, without regard to its conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these terms.

For any Dispute not subject to arbitration, you and Pingo consent to the exclusive personal jurisdiction of the federal and state courts located in New Castle County, Delaware. Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction.

If you are a consumer residing in the European Union, you retain the right to bring proceedings in the courts of your country of residence. Nothing in these terms affects consumer rights under mandatory consumer protection laws of your country of residence.

20. General Provisions

Entire Agreement: These terms, together with the Privacy Policy and any other referenced policies, constitute the entire agreement between you and Pingo regarding the Service and supersede all prior and contemporaneous agreements and understandings.

Severability: If any provision of these terms is found unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Waiver: Pingo's failure to enforce any right or provision of these terms does not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized Pingo representative.

Assignment: You may not assign or transfer these terms or your rights hereunder without Pingo's prior written consent. Pingo may assign these terms without restriction, including in connection with a merger, acquisition, or asset sale, provided that the assignee agrees to be bound by these terms.

Force Majeure: Pingo shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, epidemics, war, terrorism, riots, government actions, power failures, internet or telecommunications failures, or third-party service outages.

Notices: All notices to Pingo must be sent to sean.mk.pak@gmail.com. Notices to you will be sent to the phone number or email address associated with your account. Notice is deemed given: (a) when sent by email or SMS, upon transmission; (b) when posted on the Service, upon posting.

Headings: Section headings are for convenience only and do not affect the interpretation of these terms.

No Third-Party Beneficiaries: These terms do not confer any rights on any third party, except as expressly provided.

21. Apple App Store Additional Terms

If you download or use the Pingo app through the Apple App Store, the following additional terms apply:

These terms are between you and Pingo only, not with Apple Inc. ("Apple"). Pingo, not Apple, is solely responsible for the Service and its content.
Your license to use the app is limited to a non-transferable license to use the app on any Apple-branded device owned or controlled by you, as permitted by the Usage Rules set forth in the Apple Media Services Terms of Service.
Pingo, not Apple, is responsible for any product warranties, whether express or implied. In the event of any app failure to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) to you. To the maximum extent permitted by law, Apple will have no other warranty obligation.
Pingo, not Apple, is responsible for addressing any claims relating to the app, including product liability claims, regulatory compliance, and consumer protection claims.
In the event of any third-party claim that the app infringes a third party's intellectual property rights, Pingo, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of such claim.
Apple and its subsidiaries are third-party beneficiaries of these terms. Upon your acceptance of these terms, Apple will have the right to enforce these terms against you as a third-party beneficiary.

22. Contact Information

For questions, concerns, or feedback regarding these terms:

All Inquiries (Support, Legal, Privacy, DMCA)
Email: sean.mk.pak@gmail.com
Mailing Address: 8 Market Pl Suite # 365, Baltimore, MD 21202
SMS/Text Message Support: Text HELP to the messaging number, or email sean.mk.pak@gmail.com
SMS Opt-Out: Text STOP to the messaging number at any time to stop non-essential messages

These Terms and Conditions are effective as of the "Last Updated" date set forth above.