Terms of Use

1. Overview and Acceptance

Winksi is a public content-sharing and location-based platform provided by HEKOM – Gjorgje DOOEL. By accessing or using the Winksi service, you agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree to these Terms, do not use the service.

• All posts, images, and comments are visible to all users and non-users.
• Private messages between users are not end-to-end encrypted.

2. User-Generated Content (UGC) & Copyright

• 2.1. Ownership: Users retain full copyright and ownership of all content they create and upload to the service.
• 2.2. License to Winksi: By posting content on Winksi, you grant Winksi a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, display, reproduce, modify, distribute, and process the content for the purpose of operating, improving, and providing the Winksi service. This license ends when you delete the content or your account. However, you acknowledge that copies of your content may persist in shared external locations or if required for legal compliance.
• 2.3. Public Nature of Posts: All Winksi posts are public by default. Once published, they may be viewed by anyone (including non-users), shared by anyone, indexed by search engines, and discovered through search. Users are solely responsible for all content they publish.

3. Messaging and Storage

• Message Routing and Storage: Messages may be temporarily retained on our backend systems until delivery confirmation is received from the recipient’s device, or until expiration (up to 10 days). After delivery confirmation or expiration, message data is deleted from our backend systems and not retained in user-accessible systems.
• Delivered Messages: Once delivered, messages are stored on the recipient’s device and automatically delete after 30 days. Because messages are not retained on our backend systems after delivery confirmation, server-side moderation of message content is generally not possible after delivery.
• No Encryption: Messages are not end-to-end encrypted.
• Managing Unwanted Messages: If you receive disturbing, offensive, or inappropriate messages, we strongly recommend that you block the sender or remove the connection.

4. Notification Data

Notification metadata (e.g., recipient ID, timestamp, and message length, but not message content) is processed for push delivery and is deleted shortly after successful delivery. FCM tokens are used solely for push notification functionality.

5. Location Data (POIs)

Winksi uses approximate or precise location data only to fetch points of interest (POIs) around you and display content relevant to your proximity. Location data may be used in real time to enable POI functionality and display relevant content. This data may be temporarily stored for active session functionality but is not retained long-term or used for tracking purposes.

6. Advertising (AdMob)

Winksi displays ads via Google AdMob, a third-party service. By using Winksi, you acknowledge that AdMob may collect certain data, including device identifiers, ad interactions, and coarse location. Ad personalization and targeting are managed entirely by Google. We utilize consent management platforms to ensure compliance with local regulations. Winksi does not link this advertising data to your Winksi user identity. Winksi does not collect, store, or analyze user behavior for advertising purposes, nor does it sell or share user data with third parties for advertising. Please see our Privacy Policy for full details.

7. Age Restrictions, Groups, Profiles, and Connections

• Minimum Age: You must be 13 years of age or older to use Winksi. If we become aware that a user under the age of 13 has created an account, the account and all associated data will be immediately terminated and removed.
• Age Groups: Winksi strictly separates users into two distinct age groups: 13–17 and 18+. Users in different age groups cannot view each other’s profiles, interact, or exchange messages.
• Profile Visibility: Users who are pinned to the same Point of Interest (POI) may view each other’s profiles, provided they are in the same age group. Pinning is allowed when a user is within a proximity radius of the POI (which may extend up to approximately 600 meters), and visibility is based on this POI-based interaction rather than precise real-time location sharing. By creating a profile, you understand that profile elements you choose to provide, including profile image, bio, and displayed age or age group, may be shown to eligible users under these rules.
• Making Connections (Winks): Connections are established only when two users mutually "wink" at each other. Once a mutual connection is made, users may exchange private messages.
• Connection Removal: If an existing connection between users later falls across different age groups (for example, when one user turns 18), that connection will be automatically and permanently removed upon the next message delivery attempt or system sync.

8. User Responsibilities, Blocking, & Termination

• Prohibited Conduct: Users must not upload illegal, offensive, or infringing content. You must not harass, stalk, misuse public content, scrape data from the service, or attempt to interfere with the service's security.
• Inappropriate Language: Users must not use profane, vulgar, or otherwise inappropriate language in profile usernames, profile bios, public posts, or comments.
• Impersonation: Users must not use another person's name, likeness, or images without their consent. Impersonation and unauthorized use of another person's identity is strictly prohibited on Winksi. Winksi is not in a position to independently verify user identities or ownership of images. If you believe someone is using your identity or likeness without authorization, we encourage you to contact the relevant authorities in your jurisdiction. You may also report the user through the app so that Winksi can take appropriate action within its capabilities.
• Blocking Cap: You may block other users. Users may block up to 200 accounts at one time. If your block limit is reached, you must unblock an existing account before you can block a new one.
• Accountability: Users are fully responsible for the content, actions, and consequences related to their profile and posts, and for ensuring their conduct complies with all applicable laws in their jurisdiction.
• Suspension and Termination: Winksi reserves the right to suspend or terminate accounts that violate these Terms, without prior notice or liability.

9. Account & Content Deletion

Users may delete posts, messages, or their entire profile at any time via the app settings. When content or an account is deleted, all associated profile and content data is deleted from live systems and not kept in user-accessible backups, except where retention is required by applicable law, lawful court order, or legal preservation obligations.

10. Limitation of Liability

Winksi is provided “as-is”, without warranties of any kind. The company (HEKOM – Gjorgje DOOEL) is not liable for user behavior or actions, user content (including its legality or accuracy), copyright or intellectual property violations by users, service outages or downtime, unforeseen data loss, or actions/data processing by third-party services. Liability is limited to the maximum extent permitted by the laws of North Macedonia.

11. Indemnification

You agree to indemnify, defend, and hold harmless HEKOM – Gjorgje DOOEL, its affiliates, directors, and employees from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in any way connected with your access to or use of the service, your violation of these Terms, or the content you post or share on the platform.

12. Governing Law, Dispute Resolution, and Severability

• Governing Law: These Terms are governed by and construed in accordance with the laws of North Macedonia, without regard to its conflict of law principles.
• Informal Dispute Resolution: Prior to initiating any legal action or proceeding, you agree to first contact us at winksi.app@gmail.com with a detailed description of the dispute. You agree to allow a period of thirty (30) days from the date of receipt for us to attempt an informal resolution of the matter.
• Jurisdiction: If the dispute cannot be resolved informally, it will be exclusively resolved in the competent courts of Skopje, North Macedonia.
• Severability: If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in full force and effect.

13. Updates to Terms

These Terms may be updated from time to time. We will notify you of material changes. Continued use of Winksi after any changes constitutes your acceptance of the new Terms.