Terms of Service

1. Acceptance of Terms

By creating an account or using PinkFlag, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, you may not use the app.

2. Service Description

PinkFlag provides access to public sex offender registry information aggregated from publicly available sources maintained by government agencies. The service allows users to search for individuals in these public registries by name, location, or other available filters.

3. Eligibility

You must be at least 17 years old to use PinkFlag. By using the app, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms of Service.

4. User Accounts

4.1 Account Creation

• You must provide accurate and complete information when creating an account
• You are responsible for maintaining the security of your account credentials
• You must notify us immediately of any unauthorized access to your account
• You are solely responsible for all activities that occur under your account

4.2 Account Termination

PinkFlag reserves the right to suspend or terminate your account at any time for violation of these Terms, illegal activity, or any reason we deem necessary to protect our users or service.

5. Credits and Purchases

• Searches require credits, which can be purchased through the Apple App Store
• Credits are non-refundable once purchased
• Credit pricing is subject to change with notice
• All purchases are final and processed according to Apple's terms and conditions
• We do not store payment information - all transactions are handled by Apple

Apple may charge a commission on in-app purchases. By purchasing credits, you agree to Apple's App Store terms and payment policies.

6. Acceptable Use

You agree NOT to use PinkFlag to:

• Harass, stalk, threaten, or harm any individual
• Discriminate against any person or group
• Violate any local, state, federal, or international law
• Scrape, copy, or redistribute registry data
• Create false or misleading profiles
• Interfere with or disrupt the service or servers
• Attempt to gain unauthorized access to any part of the service
• Use the service for any commercial purpose without written permission
• Impersonate any person or entity
• Violate anyone's privacy rights

7. Data and Privacy

Our collection and use of personal information is governed by our Privacy Policy. By using PinkFlag, you consent to such processing and you warrant that all data provided by you is accurate.

• We collect minimal personal information (email address)
• Search history is stored locally on your device only
• You can delete your search history at any time
• We do not sell or share your personal data with third parties for marketing

8. Disclaimers

• Users must independently verify all information
• Pink Flag is not responsible for incorrect or missing registry data
• The service is provided "AS IS" without warranties of any kind
• We do not provide legal advice or recommendations
• PinkFlag should be used as one tool among many for personal safety

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PinkFlag, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, use, goodwill, or other intangible losses
• Damages resulting from your use or inability to use the service
• Damages resulting from inaccurate or incomplete registry data
• Any conduct or content of third parties on the service
• Unauthorized access to or alteration of your transmissions or data

Our total liability shall not exceed the amount you paid for credits in the past 12 months, or $100, whichever is less.

10. Indemnification

You agree to indemnify, defend, and hold harmless PinkFlag, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorney fees) arising from your use of the service, your violation of these Terms, or your violation of any rights of another party.

11. Third-Party Services

PinkFlag integrates with third-party services including:

• Apple App Store (payment processing)
• Supabase (database and authentication)
• RevenueCat (purchase management)
• Government registry APIs (search data)

These services have their own terms and privacy policies. We are not responsible for third-party services or their content.

12. Intellectual Property

All content, features, and functionality of PinkFlag including but not limited to:

• Software, code, and algorithms
• Text, graphics, logos, and images
• Design, layout, and look-and-feel
• Trademarks and service marks

Are owned by PinkFlag or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or through the app. Your continued use of PinkFlag after such modifications constitutes your acceptance of the updated Terms.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in federal or state courts located in the United States.

15. Dispute Resolution

Any dispute arising from these Terms or your use of PinkFlag shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules. You waive your right to a jury trial or to participate in a class action lawsuit.

Exceptions: You may bring claims in small claims court if they qualify, and either party may seek injunctive relief in court for intellectual property infringement or misuse.

16. Children's Use

PinkFlag is intended for users aged 17 and older. If you are under 17, you may not use this service. Parents and guardians are responsible for monitoring their children's internet usage.

17. Accessibility

We strive to make PinkFlag accessible to all users. If you encounter any accessibility barriers, please contact us at support@pinkflag.us

18. Export Controls

You agree not to export or re-export PinkFlag or any portion thereof in violation of U.S. export control laws and regulations.

19. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

20. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and PinkFlag regarding your use of the service and supersede all prior agreements and understandings.

21. Contact Information

For questions about these Terms or the service, please contact us:

Email: legal@pinkflag.us

22. Acknowledgment

By using PinkFlag, you acknowledge that you have read these Terms of Service, understand them, and agree to be bound by them.

23. Fair Credit Reporting Act (FCRA) Compliance Notice

24. State-Specific Provisions

Some states have specific requirements for registry information services:

• California residents: See Privacy Policy for CCPA rights
• European Economic Area residents: See Privacy Policy for GDPR rights
• All users: Registry information is public record maintained by government agencies

25. Apple App Store Additional Terms

If you download PinkFlag from the Apple App Store, you acknowledge and agree that:

• These Terms are between you and PinkFlag, not Apple
• Apple has no obligation to provide maintenance or support for the app
• Apple is not responsible for any product liability claims
• Apple is not responsible for addressing any claims by you or third parties
• You must comply with Apple's App Store Terms of Service
• Apple and its subsidiaries are third-party beneficiaries of these Terms