Wainkum Terms and Conditions

Version 2.6 · In force from 9 November 2026

Operated by Wainkum Integrated Computer Solutions Company (شركة وينكم لحلول متكامله حاسوبيه), a one-person company, Commercial Licence 2026/14957, CR 550193, Qibla, Al-Mubarakiya Street, Capital Governorate, State of Kuwait · support@wainkum.app

Article 1 — Introduction

1.1 These Terms and Conditions (the "Terms") are a legally binding agreement between the User and Wainkum Integrated Computer Solutions Company (شركة وينكم لحلول متكامله حاسوبيه), a one-person company incorporated under the laws of the State of Kuwait, commercial license no. 2026/14957, commercial register no. 550193, registered address Capital Governorate, Qibla, Al-Mubarakiya Street, Osama Yousef Mohammed Al-Omar Building, Floor 1, Shop 9, State of Kuwait (the "Company", "Wainkum", "we" or "us").

1.2 The Terms govern access to and use of the Wainkum iOS application (the "Application"), the website wainkum.app (the "Website") and every feature, notification, Live Activity, widget, extension and communication channel made available through them, now or in the future (together, the "Service").

1.3 By installing, registering for, accessing or using the Service, or tapping an acceptance control, the User confirms that the User has read, understood and agrees to all the Terms mentioned herein in addition to the Privacy Policy, which together form the "Agreement". A User who does not agree must not use the Service and must not create an Account.

1.4 The User acknowledges that the Service is an intermediary platform through which individuals voluntarily publish information, including their own location, communicate and arrange to meet, and that:

(a) the Company does not take part in, supervise, control, verify, endorse or guarantee any check-in, location share, message, comment, Wain, Hangout, Event, meeting or other act of any User;

(b) every act a User performs through the Service — wherever, whenever and however it is performed — is the User's own act, done on the User's own initiative and at the User's own risk; and

(c) all responsibility and liability for such acts rest solely with the User who performed them, as set out in Article 6 and throughout these Terms, subject only to Article 22.

1.5 The Terms are drafted in English; a translation is for convenience only and the English text prevails except where the mandatory law of the User's country of residence requires otherwise. The version in force is the version displayed in the Application and at wainkum.app/terms. Headings and italic lead-ins do not affect interpretation.

Article 2 — Definitions

2.1 In these Terms:

(a) "User" means every natural person who accesses or uses the Service, including a person acting for an Organization, and a User who creates an Account must meet the Minimum Age in clause 3.1; "Account" means a User's registered account, created by verifying a mobile telephone number.

(b) "Check-in" means the act by which a User voluntarily declares, through the Service, presence at a Place, with any rating, caption or Wain attached.

(c) "Direct Message" means a private message between two Users; "Group Chat" means any multi-participant room, including a Place Chat and a Hangout or Event chat.

(d) "Event" means a gathering of any kind listed on the Service by an Organizer, free or paid; "Hangout" means an informal, time-limited gathering created by a User (the "Host"); "Attendee" means a User who joins, RSVPs to, buys a Ticket for or attends either.

(e) "Friend" means a User with whom the User has an accepted, mutual connection; "WainTag" means the identifier and QR code by which other Users can find and send a Friend Request to an Account.

(f) "Organization" means a business, venue or other person to which the Company has granted an "Organization Account"; "Organizer" means the Organization or User responsible for an Event.

(g) "Place" means any public location, public venue or point of interest shown on the map, whether sourced from a third-party provider, a User or the Company.

(h) "Presence" means what other Users see when the User is Checked-in: a pin placed at the Place, and the User's appearance in "people here" and the Pulse feed, shown according to the User's Visibility Settings. The pin marks the Place; it is not a moving position.

(i) "Live Location" means the position of the User's device that the Application reports to the Company periodically in the background while the User is Checked-in. It is used by the Service to detect that the User has left the Place and to check the User out automatically; it is not displayed to other Users as a moving position. Presence and Live Location are different things and are not interchangeable.

(j) "Public Content" means User Content visible to more than one User, subject to the User’s Visibility Settings, including profile details, captions, Wains, comments, Hangout and Event details and Group Chat messages.

(k) "Third-Party Provider" means any person other than the Company and the User whose services are used to provide or are reachable through the Service.

(l) "User Content" means every text, image, video, audio, caption, location declaration, rating, comment, message, listing, profile information and other material a User makes available through the Service.

(m) "Visibility Settings" means the controls by which the User decides who may see the User's Presence and activity: "Everyone" and "Friends only", Ghost Mode, per-Friend hiding and Blocking, which operate as clause 11.2 of these Terms and Article 7 of the Privacy Policy describe.

(n) "Wain" means a short, ephemeral photo or video posted through the Service, with any caption, music or overlay, removed from view after the period stated in the Service (currently 24 hours).

(o) "Place Chat" means the Group Chat for a Place, which a User joins by Checking-in at that Place other than in Ghost Mode, which stays open until twenty four (24) hours after the latest Check-in that opened or renewed it, remains readable for a further twenty four (24) hours, and is then deleted. A User who has checked out may no longer post in a Place Chat and sees only the messages sent before checking out, for twenty four (24) hours after checking out if the User posted in it during that Check-in and otherwise for two (2) hours, and in either case only while the Place Chat exists.

(p) "Stamp" means a sticker that is kept in a User’s profile when the User checks in at that location.

(q) "Automated Content Checks" means the automated review described in clause 14.2; "Blocking" means the control described in clause 11.2, and "Block" and "Blocked User" have matching meanings; "Checked-in" means the state from a Check-in until it ends; "Company Message" has the meaning in clause 18.4; "Event Pass" means the QR pass described in clause 15.7; "Friend Request" means a request to become a Friend; "Ghost Mode" has the meaning in clause 11.2; "Join Me Trip" has the meaning in clause 7.5; "Message Request" has the meaning in clause 8.6; "Payment Processor" means a Third-Party Provider that processes payments for a Paid Feature; "Promotion" and "Subscription" mean the Paid Features described in clauses 15.4 and 15.5; "Ticket" means a right of admission to a paid Event sold through the Service once sales open; "Vibe" means a short text status of up to eighty (80) characters shown on a User's profile for twenty four (24) hours.

2.2 "Including" means without limitation; the singular includes the plural; a reference to a law includes its amendments. If these Terms conflict with the Privacy Policy, the Privacy Policy prevails on the handling of personal data and these Terms prevail on everything else.

Article 3 — Eligibility

3.1 The User must be at least twenty one (21) years old if the Account is registered with a Kuwaiti mobile number (+965), and at least eighteen (18) years old in every other case (the "Minimum Age"). The User must enter the User's own date of birth when registering. The Service does not complete a registration without a date of birth, or with a date of birth below the Minimum Age, and does not accept a later change of the date of birth to one below it. The Company relies on the date of birth provided, is not obliged to verify it, and may request evidence of age or identity at any time. On becoming aware that an Account belongs to or is used by a person below the Minimum Age, the Company may suspend or terminate it and delete its data; anyone who believes such a person is using the Service should contact support@wainkum.app.

3.2 The User further represents that the User has full legal capacity to contract; has not previously been removed from the Service unless reinstated in writing; is not located in, or a national or resident of, a country in which use of the Service is prohibited by Kuwaiti law or by sanctions applicable to the Company; and, where acting for an Organization, is authorised to bind it. The Service is not available in every country and the Company may restrict any feature by country or Account type; a User who accesses the Service from outside Kuwait does so on the User's own initiative and is responsible for compliance with local law.

Article 4 — Account and Security

4.1 Registration requires a mobile number the User is entitled to use, a one-time verification code sent by SMS (or by WhatsApp once the Application offers it), a date of birth and the required profile fields, all of which must be kept accurate; message and data charges are the User's. One Account per person: the User must not create an Account for anyone else, hold multiple Accounts, use another person's number, register after a termination without written permission, or sell, lend, share or transfer the Account. Violation of these requirements may result in immediate termination of the User’s Account and permanent banning of the User’s mobile number, preventing the creation of any new Account.

4.2 Anyone with access to the User's verified number, SIM card, device, verification codes or password can access the Account. The User may set a password after verifying the number. To protect Accounts, the Company limits how many verification codes may be requested and how many sign-in attempts may be made for a number and from a network address, and repeated wrong codes or passwords may temporarily lock sign-in; network addresses used for this purpose are kept only for a short period, as clause 16.4 of the Privacy Policy describes. The User must keep the number, SIM card, device, verification codes and password secure, never disclose a verification code or password to anyone, use device-level locks, and notify support@wainkum.app immediately of any suspected unauthorised access or loss of the device or SIM card. The User is responsible for everything done under the Account, until the User has given that notice and the Company has had a reasonable opportunity to act.

4.3 The User may be signed in on one device at a time. When the User signs in on a new device, the Company signs out the User's other devices; a device signed out in this way may keep limited access for a short period and may continue to display earlier information. A User who no longer controls a device must sign in on another device, or notify the Company under clause 4.2.

4.4 Profile details must be accurate, must not impersonate anyone or suggest a false affiliation, and must comply with Article 13; the Company may change or remove any profile element without notice. If the User will lose access to the registered number, the User must update it first; the Company cannot guarantee recovery of an Account whose number is no longer accessible.

Article 5 — Service

5.1 Wainkum is a map-based application for social interaction. This Article describes its principal features so the User understands what each does; it is not a warranty that any feature will remain available or work in any particular way, and the Company may add, change or remove features at any time (Article 19).

5.2 Features include:

(a) a map showing Places, the Presence of Users who have chosen to be visible, Friends' pins, Hangouts, Events and Wains nearby, with "people here", public profiles and friend requests (including by WainTag QR code);

(b) Check-ins, which create a Presence indicator, may carry a rating, caption or Wain, and end when the User checks out, when the Service detects the User has left, when the User ignores a reminder, or automatically no later than 24 hours after they began;

(c) Visibility Settings — Everyone, Friends only (non-Friends see an anonymous placeholder, except as clause 7.2 of the Privacy Policy describes), Ghost Mode, per-Friend hiding and Blocking — enforced on the Company's servers;

(d) Wains, comments, likes and reactions; Direct Messages between Friends, between other Users once a Message Request is accepted, and directly between a User and an Organization in Business mode or between an Event's host and its guests; Group Chats including Place Chats (clause 2.1(o)) and Hangout and Event chats;

(e) Hangouts (running up to 8 hours) and Events listed by Organization Accounts, with RSVP, waitlist, chat and, where offered, Tickets; and

(f) the Pulse feed, Stamps, Saved Places, Explore, sharing to third-party platforms, push notifications, a Lock Screen / Dynamic Island Live Activity while Checked-in, reporting, appeals, Automated Content Checks, and Paid Features where and when offered (Article 15).

5.3 Stamps and other virtual items have no monetary value, are not the User's property and may be changed or withdrawn at any time.

5.4 The Service also includes Vibes; Message Requests (clause 8.6); Join Me (clause 7.5); Organization Accounts with business mode, Organization pages and ratings (clauses 8.7 and 15.2); Event Passes and door scanning (clause 15.7); GIFs and music on Wains (clause 8.3); Company Messages (clause 18.4); and a function to download a copy of the User's own data (clause 17.1(f) of the Privacy Policy).

Article 6 — Responsibility

6.1 This Article applies to every part of the Service and to every other Article, each of which is an application of it and not a limitation of it. The Company is a passive intermediary: it is not a party to, participant in, organiser, supervisor, sponsor, guarantor or advisor of any Check-in, Wain, comment, message, Hangout, Event, meeting, relationship, transaction or other activity a User undertakes through or as a result of the Service. The Company reserves the right to monitor, review and record activity on the Service in accordance with Article 14 and the Privacy Policy, and reads Direct Messages and Group Chat messages only as clause 8.4 permits.

6.2 Each of the following is an act performed solely by the User, on the User's own initiative and judgment, which the Company neither performs, requires, encourages, controls, verifies nor endorses:

(a) creating an Account, sending or accepting any Friend Request, and Checking-in at any Place, at any time, for any duration, and choosing that Place;

(b) disclosing the User's Presence or Live Location to anyone — Everyone, Friends or any subset of Friends — and continuing to disclose it while Checked-in, and starting or continuing a Join Me Trip;

(c) posting any Wain, and every image, frame, person depicted, sound, caption and overlay in it; posting any comment, reaction, rating or vibe; and choosing to chat with any User and sending any message in any chat;

(d) creating, joining, hosting, attending, inviting others to or cancelling any Hangout or Event, and buying a Ticket;

(e) meeting any other User in person, and everything that happens before, during and after that meeting; and

(f) sharing any content outside the Service, and every other act or omission in connection with the Service.

6.3 This principle applies wherever the User is (in Kuwait or any other country), whenever the act is done, whatever device or network is used, whether the act is public or private, alone or with others, and whatever the User's intention or level of care.

6.4 All liability, loss, damage, injury, cost, claim, fine and consequence of any kind arising from any act or omission of the User in connection with the Service — whether suffered by the User, another User, the Company, a Third-Party Provider, a venue, an authority or anyone else — rests solely with the User. The User bears the entire risk of the User's use of the Service.

6.5 By way of illustration, the User alone is responsible for:

(a) any consequence of revealing the same User's location or routine, including that another User who can see the aforementioned User's location may locate, approach, follow, harass, rob or harm the User;

(b) any accident, injury, theft, loss, dispute, arrest, fine or penalty at, on the way to or from, or as a result of being at a Place at which the User Checked-in;

(c) any Wain, comment or message that is unlawful, defamatory, obscene, offensive, infringing, invasive to User’s privacy, or that depicts or identifies a person without consent, and any filming or recording of any person, property, premises or performance;

(d) any Hangout or Event that the User creates, hosts, attends or promotes, including the venue's suitability, safety, licensing and legality, the conduct there of persons who are not Users, and every injury, loss or damage to anyone;

(e) everything the User types or sends in any chat, every person the User chooses to communicate with, and every consequence of that communication, including any harm the User suffers as a result of a conversation started on the Service;

(f) acting, or failing to act, on any information in the Service — a Presence indicator, Live Location, Place, Event or message — all of which may be inaccurate, out of date, fabricated or misleading; and

(g) any loss of control over content shared outside the Service, and any breach of law, venue rule, contract, third-party right or these Terms.

6.6 Wainkum has no duty to monitor any User's location, conduct, content or communications; to verify anyone's identity, background or intentions; to verify that any Place, Hangout or Event exists, is safe or is lawful. Any moderation, verification mark, warning or safety feature is voluntary, may be withdrawn at any time and creates no duty or reliance.

6.7 The Service is not an emergency, navigation, personal-safety, dependent-tracking, security, identity-verification or dating service. User must not rely on it for any purpose on which the User's safety, health, property, legal position or finances depend, must contact the emergency services directly in an emergency, and alone must determine whether each use of the Service complies with the laws of Kuwait. This Article survives termination and, subject to Article 22, prevails over any inconsistent provision.

Article 7 — Location

7.1 The Service shares User's location with other Users only when User Checks-in, starts a Join Me Trip or chooses to share a location in a chat. By Checking-in User consents to the display of User's Presence to every User permitted to see it under User's Visibility Settings for the duration of the Check-in, and to the reporting of the Live Location for the purposes in this Article. Other Users see User's pin at the Place, not a moving position, except as stated in clause 7.5. While Checked-in the Application reports the Live Location in the background to detect that User has left; User can end this at any time by checking out, turning location sharing off, revoking location permission or deleting the Application; deleting the Application stops the reporting but does not check the User out, and Presence continues until the Check-in ends automatically. A Check-in ends automatically no later than 24 hours after it began, whatever location permission the User has given. When not Checked-in, the Application does not report the User's live position to the Company's servers, except during a Join Me Trip. The position of the device at the moment of each Check-in is kept privately with that Check-in and is not shown to other Users. Article 6 of the Privacy Policy describes what location data the Company keeps, for how long, and how the User can stop it.

7.2 All location data — pins, "people here", Place positions, distances and geofence detections — comes from device GPS, Wi-Fi, cellular and sensor data and third-party mapping services and is approximate; positions can be wrong by several metres, or far more indoors, in vehicles or in poor signal. A Presence indicator is not proof that anyone is or was at a Place. Automatic check-out may fail, be delayed or occur early, and the Lock Screen Live Activity may fail to update or to end, so the User may remain visibly Checked-in after leaving or be checked out while still present; the User must check out manually to end disclosure with certainty, and the Company is not responsible for a User's failure to do so. The Company does not warrant the accuracy or timeliness of any of this, and the User must not rely on it for any purpose described in clause 6.7.

7.3 User is responsible for choosing Visibility Settings appropriate to the User's circumstances and for checking them before each Check-in. A new Account is set to "Everyone" (clause 11.2), so a Check-in is visible to every User unless the User has chosen otherwise. Users who do not wish to be located by anyone other than trusted friends shall switch to "Friends only" before Checking-in and accept Friend Requests only from people they know. A Check-in at a home, workplace, school, clinic, place of worship or other sensitive location, or a pattern of repeated Check-ins, can reveal far more than a street location, and anyone who can see the User's device — its Lock Screen, notifications or Dynamic Island — can see that the same User is Checked-in and where.

7.4 User alone must ensure that Checking-in at, and disclosing presence at, any Place is lawful, including at military, security, government, religious, medical, judicial and private premises, and must not use the Service to reveal the presence or location of any person who has not chosen to disclose it.

7.5 While Checked-in, a User (the "Inviter") may invite specific Friends to join the Inviter at the Place. A Friend who accepts and starts the trip (a "Join Me Trip") causes the Application to report that Friend's device position and estimated time of arrival to the Company, including in the background. Only the Inviter can see them, as a moving position, and they cease to be shown if not updated for ten (10) minutes. A Join Me Trip ends when the Friend arrives or stops it, when the Inviter cancels the invitation or checks out, or after ninety (90) minutes at most. The invited Friend sees the Place, not the Inviter's live position. An invitation shows the Inviter to the invited Friend even where the Inviter is in Ghost Mode. The Inviter's Lock Screen may show the Friend's name and estimated arrival. Article 6 applies to every Join Me Trip.

Article 8 — Engagements

8.1 Wains, comments, reactions, ratings and messages are User Content created by the User; the Company only provides the capture, upload, storage and display technology and does not create, select, verify or endorse them.

8.2 Wains are removed from view after the stated period (currently 24 hours). Removal from view is not deletion: copies may persist for a limited time in storage and backups (clauses 14.2(e) and 14.3 of the Privacy Policy), may be retained for legal, safety or moderation purposes (clauses 14.1 and 14.2(l) of the Privacy Policy), and may have been screenshotted, recorded, saved, exported or shared by any User who saw them, including through the Service's own sharing features. User must not post anything in reliance on its disappearance. The User who posted a Wain can see who has viewed and liked it. A Wain shows the Place from which it was posted for as long as it is visible, including after the User has checked out.

8.3 User is solely responsible for every element of every Wain: every person depicted (foreground or background), every location, property, screen, artwork, performance or brand shown, every caption, overlay and sound (including incidental audio), the lawfulness of capturing it where it was captured, and its effect on the User's own and every depicted person's privacy, safety and reputation. Music previews offered in the Service are licensed by a Third-Party Provider under its terms, GIFs offered in the Service are supplied by GIPHY under its terms, and a song link on a profile opens the third-party service from which it came; the User must not add any audio the User has no right to use. Wainkum may generate thumbnails and compressed versions for display and moderation and pays nothing for any Wain.

8.4 Direct Messages are private between their two participants. They are processed automatically so that they can be delivered, stored and secured, are not submitted to Automated Content Checks and are not routinely read by anyone at the Company. They are not end-to-end encrypted and are stored on infrastructure operated for the Company by its Third-Party Providers. The Company's administrators may read a Direct Message conversation only where that conversation, or a message in it, has been reported under clause 14.3, and the Company keeps a record of each such access (Article 11 of the Privacy Policy); the Company may also preserve and disclose messages where required by law, a court order or a competent authority (clause 14.7). The other participant may copy or forward a Direct Message at any time. Group Chats, including Place Chats, are Public Content visible to every participant, are not submitted to Automated Content Checks, may be reported under clause 14.3, in which case the Company's administrators may read that conversation and the Company records that access, and may be copied or disclosed by any participant. Place Chats and their messages are deleted after the periods in clause 2.1(o), and Hangout and Event chats are kept after they close, as clauses 14.2(g) and 14.2(h) of the Privacy Policy describe.

8.5 The Company has no obligation to monitor any communication, does not guarantee delivery, timeliness or ordering of any message or notification, and is not liable for the content or consequence of any communication. Deleting a message or comment does not recall it from anyone who has already seen or copied it.

8.6 A User who is not a Friend of another User may send that User a Message Request, limited to three (3) text messages until accepted. The recipient may accept it, remove it (without the sender being told) or Block the sender, and may turn Message Requests off in the Application.

8.7 A User other than its owner may rate an Organization once, with an optional comment, and may change or remove that rating. Ratings and comments are User Content and appear on the Organization's page and on the Website with the rater's first name and emoji. The Organization may post one public reply to each and may ask for removal only by reporting it under Article 14.

Article 9 — Activities

9.1 A Hangout is proposed by a Host; an Event is listed by an Organizer. The Host or Organizer, not the Company, determines the Place, time, description, image, capacity, participants, ticket types, prices, refund policy and every other detail; the Company publishes that information, subject to clause 9.6.

9.2 The Host or Organizer is solely responsible for:

(a) the accuracy and lawfulness of every detail of the listing and every communication with participants, and for cancelling or editing the listing promptly if it will not take place as described;

(b) the venue — its suitability, safety, accessibility, capacity, security and compliance with law — and any permission required from its owner or operator;

(c) every licence, permit, approval and insurance required by the competent authorities, and compliance with laws on public gatherings, noise, alcohol, public morals, licensing, health and safety;

(d) the conduct of the gathering, the safety and welfare of everyone present to the extent the law requires, and every injury, loss, damage, complaint and claim arising from it; and

(e) where Tickets are sold, honouring every Ticket, handling refunds under Article 15 and applicable consumer law, and remitting every applicable tax; and any deposit, shared expense or other money arrangement with participants — the Company is not an escrow holder, guarantor or debt collector.

9.3 Every Attendee joins and attends at the Attendee's own risk and is solely responsible for deciding whether to attend, travelling to and from the Place, the Attendee's own conduct, safety and property, complying with the Place's rules and the law, and reading the Organizer's terms before purchasing. An RSVP, "join" or waitlist position is an expression of interest only and confers no right to attend. Joining a Hangout may reveal the User's identity and attendance to the Host, other participants and the User's Friends (clause 7.8 of the Privacy Policy), and it does not by itself reveal the User's Live Location; a Hangout runs for the period stated in the Service (currently up to 8 hours) and then expires, and its chat remains available for 24 hours after it ends; a Host may limit a Hangout by capacity, by approval, or by the gender shown on a User's profile, which is self-declared and which the Company does not verify; a location disclosed only to accepted participants must not be forwarded to anyone else.

9.4 Where Tickets are sold, the contract for admission is solely between the Attendee and the Organizer. The Company acts only as a technology platform and, where applicable, a limited payment-collection agent on the Organizer's behalf, is not the seller, and has no obligation to admit anyone, hold any Event or refund anyone except as stated in Article 15. The verification mark on an Organization Account or its Events signifies only that the Company has designated the Account as an Organization Account; it is not a warranty that the Organization exists, is licensed, is reputable, will hold any Event or will honour any Ticket.

9.5 The Company is not the organiser, host, promoter, sponsor, venue, insurer, supervisor or guarantor of any Hangout or Event and does not verify that it will take place, that the Host, Organizer or participants are who they claim to be, or that it is lawful, safe or as described. The Company may remove a Hangout or Event, remove a participant, or restrict a User's ability to create them at any time, may notify participants without guaranteeing that any notification arrives before a participant has travelled, and is not liable for any removal, change or cancellation or for any travel, accommodation or other cost incurred in reliance on a listing. Any dispute between a Host or Organizer and a participant is solely between them. No Event may be listed that is unlawful where it is held or listed, contrary to public order or morals, or targeted at minors.

9.6 The Company may itself select and post listings of events organised by others, through an Organization Account, with a description prepared by the Company using automated tools and a link to a third party's ticket page. Such a listing is for information only and may be inaccurate; a ticket bought through the link is a contract with that third party under its terms, and the Company is not its organiser or seller. Event listings, Organization pages and ratings may appear on the Website, where persons without an Account and search engines can see them.

Article 10 — Safety

10.1 Every decision to meet another User at a Place, a Hangout, an Event or anywhere else is the User's own decision at the User's sole risk. Wainkum performs no background, identity (beyond phone verification), reference or other checks and makes no representation about any User's identity, age, character, intentions, health or trustworthiness. The User acknowledges that meeting a person encountered online involves risk, including of physical, sexual, mental, emotional, verbal or financial harm, and expressly assumes that risk; the Company is not liable for the conduct of any User, online or offline, foreseeable or not.

10.2 Without creating any duty on the Company, the User shall take all reasonable precautions when meeting other Users, including meeting them only in public places, telling a trusted person where the User is going and with whom, arranging the User's own transport, keeping the device charged, never sending money, credentials or documents under pressure, and leaving any situation that feels unsafe. Consent to chat, become Friends, share a location, appear in a Wain or attend a gathering is limited to that act; it is not consent to being followed, recorded, touched, photographed, repeatedly contacted or approached at home or work, and a refusal or withdrawal of consent must be respected immediately. The Service does not check whether a Place, Hangout or Event is in a public place, and the User alone decides where to meet.

10.3 The User must not use the Service while driving or operating machinery, must stop in a safe, lawful place before Checking-in, filming, messaging or browsing, and must not trespass, enter restricted areas, ignore capacity limits or disturb others to reach a map pin, obtain a Stamp, capture a Wain or meet someone.

Article 11 — Community

11.1 A friendship is formed only when a User’s friend request is accepted. Accepting may give the other User access to User's Presence, Check-ins, Wains and activity according to the User's Visibility Settings; User decides which requests to send and accept, and anyone who obtains User's WainTag can send one. Friends may be notified when the User Checks-in, posts, RSVPs or joins a Hangout, subject to User's Visibility Settings and User’s own notification settings. Notifications of Friend Requests are limited (currently to one for each sender and recipient in any twenty four (24) hours, and to thirty (30) for each sender in any twenty four (24) hours); a Friend Request sent beyond those limits still reaches the recipient in the Application, without a notification.

11.2 "Everyone" shows the User's Presence, pin and public profile to every User while Checked-in, including Users who are not the User's Friends. "Friends only" reveals the User's identity to accepted Friends, and others see an anonymous placeholder, except that the User's name and profile are also shown to a person with whom the User has engaged through the Service, as clause 7.2 of the Privacy Policy describes: the recipient of a pending Friend Request the User sent; Users who can see an Event or Hangout the User hosts; the Host of an Event or Hangout to which the User has RSVPed or from which the User has been removed; the other participant in a Direct Message conversation the User started; and the other participants in a Group Chat in which the User has sent a message that is still visible. A new Account is set to "Everyone" unless the User chooses "Friends only" during registration, where the version of the Application in use asks; the User can change the setting at any time in the Application. "Ghost Mode" hides the User's pin, Presence, Check-ins and Wains begun while it is on from every other User, including Friends, except that a Join Me invitation shows the User to the invited Friend. It does not hide ratings or other activity outside Check-ins and Wains. An Account in Business mode is always shown as Everyone. Per-Friend hiding stops a specific Friend from seeing the User's Presence, Check-ins, Wains, activity and Check-in notifications. Blocking removes the User and the Blocked User from each other's view, ends any Friendship and prevents further contact through the Service; it does not remove content already copied, prevent physical-world encounters or prevent a new Account, and the Company acts against ban evasion without warranting success. Changes apply prospectively and may take a short time to propagate.

11.3 The Company enforces Visibility Settings on its servers, but no technical control is infallible and the Company does not warrant perfect enforcement in every circumstance; the User should not disclose through the Service anything whose disclosure to an unintended person would cause harm of any kind.

Article 12 — Content

12.1 User retains every right User holds in User Content; the Company claims no ownership. By making User Content available, the User grants the Company a worldwide, non-exclusive, royalty-free, sub-licensable (to Third-Party Providers and affiliates for operating the Service) and transferable license to host, store, cache, reproduce, transmit, display, adapt (for technical purposes such as formatting, compression, thumbnails and the extraction of video frames for Automated Content Checks, and the addition of the Wainkum name or logo to a card the User chooses to share outside the Service), distribute and otherwise use the User Content to operate, provide, secure, moderate, improve and promote the Service within the Service, to investigate and fix faults through the providers named in clauses 10.5 and 10.6 of the Privacy Policy, and to comply with law. The license lasts while the content is in the Service and for a reasonable period afterwards for deletion from backups and caches, and survives to the extent the content has been shared with others, must be retained by law or for a legal claim, or is needed for moderation, safety or security records. The Company will not use a User's Wains, photos or videos in advertising outside the Service without separate consent, and to the extent permitted by law the User waives moral rights in relation to the permitted uses.

12.2 Without limiting Article 6, each time the User makes User Content available, the User represents and warrants that:

(a) the User owns or has every license, consent and release needed for every element of it, including every image, sound, music, name, likeness, trade mark, location and personal data, and every person depicted or identifiable has consented to its publication or consent is not required by law;

(b) it does not infringe any intellectual-property, privacy, publicity, contractual or other right of anyone, and complies with Article 13, these Terms and every applicable law;

(c) it is not defamatory, deceptive or misleading, contains no false statement of fact and no malware; and the User has not been paid to post it, or has clearly disclosed that the User has.

12.3 The Company has no obligation to store, back up or display any User Content and may remove, restrict or delete it at any time for any reason, with or without notice, without liability; the User must keep copies of anything User wants to keep, and Wains and Place Chats are by design removed after the periods stated in these Terms and in Article 14 of the Privacy Policy, subject to backups and moderation records. Other Users may view User Content within the Service as intended but must not extract it to build any database, dataset or directory, identify anonymous Users, or redistribute it beyond its intended audience. Any feedback or idea the User provides about the Service may be used by the Company without restriction or compensation.

Article 13 — Conduct

13.1 The Company has zero tolerance for objectionable content and abusive behaviour. These rules apply in addition to the law, and to conduct that moves to a call, another platform or an in-person meeting where it relates to use of the Service.

13.2 The User must not post, send or share any content that:

(a) is unlawful in Kuwait, in the country the User is in, or where it is viewed — including content breaching Kuwait Law No. 63 of 2015 on Combating Information Technology Crimes, Law No. 37 of 2014 on the Communication and Information Technology Regulatory Authority, Law No. 8 of 2016 on Electronic Media, the Penal Code and Kuwaiti law on public morals, defamation, religion, national security and public order, or the equivalent laws of any other country;

(b) is sexually explicit or pornographic, depicts nudity or sexual activity, or sexualizes any person; or depicts, promotes or facilitates the sexual exploitation or abuse of a minor (as defined by the law of the country in which the User is located), or depicts in any sexualized manner a person who is a minor under the law of any country in which the Service is used, whether real, simulated or generated — such content is removed immediately and reported to the authorities, and calling it roleplay, fantasy or a joke is no excuse;

(c) is an intimate image or recording of any person published without that person's valid consent to public distribution, or threatens to publish such material or demands anything for its removal;

(d) is violent or gory, or glorifies, threatens or incites violence, terrorism, extremism or self-harm; or is hateful or attacks any person or group on the basis of race, ethnicity, national origin, religion, sect, gender, disability, age or any other protected characteristic; or harasses, bullies, threatens, intimidates, stalks, shames or abuses anyone;

(e) defames any person or contains false statements of fact, or insults religion, religious figures or practices, the State of Kuwait, its Emir, institutions or symbols, or any head of state, where prohibited by applicable law;

(f) reveals private information about anyone without consent — location, address, phone number, identity document, financial or health information or private communications — exposes a shelter, secure facility or other sensitive location, or was captured without required consent or where recording is prohibited;

(g) infringes any intellectual-property right, including unlicensed music, film, images or trade marks;

(h) is deceptive or fraudulent — impersonation, fake reviews, ratings, Check-ins, Events or Hangouts, false affiliation, or a scam — or is spam or unsolicited advertising, or contains malware, phishing content or malicious links;

(i) promotes illegal goods or services, gambling, weapons, drugs, counterfeit goods, prostitution or unlicensed financial products, or promotes alcohol, tobacco or narcotics where prohibited; or

(j) is otherwise objectionable, indecent or contrary to public order or morals in the Company's reasonable opinion.

13.3 User must not:

(a) use location, Check-ins, Wains, activity history, Friends, invitations or messages to monitor, track, follow, wait for or locate any person against that person's wishes, including a spouse, partner, family member, employee or child, or coordinate others to do so; a relationship with someone is not consent to tracking;

(b) pressure anyone to keep sharing location, prove a visit, accept a Friend Request, respond immediately or disable a privacy control, or use the Service to learn a person's routine, absence from home or whereabouts to harm, harass, rob or defraud anyone;

(c) contact a person who has blocked or hidden from the User through another account, a friend's Account, a new number, a Group Chat, another application or in person;

(d) Check-in at a Place where the User is not physically present, use location-spoofing software, or create a Hangout or Event the User does not intend to hold or that misleads as to its nature, place, time, Organizer or cost;

(e) impersonate the Company, its staff, any User or anyone else, or claim a false affiliation, verification or authority to speak for a venue or business;

(f) collect, scrape or store information about other Users; access the Service by any automated means or through any interface other than the Application and Website as provided; reverse engineer, decompile or attempt to derive the source code, API endpoints, security measures or moderation thresholds of the Service except to the extent applicable law expressly permits; probe, circumvent or interfere with any security, authentication, row-level-security, rate-limiting or access control of the Service or a Third-Party Provider; overload or disrupt the Service; or evade any moderation decision, suspension, Block, termination, country or age restriction, including by creating a new Account;

(g) sell, rent, distribute or commercially exploit the Service, use it to build a competing service, use it for advertising, sponsored, affiliate or other paid promotion (including paid or gifted product placement in a Wain) except through features the Company provides for that purpose or with the Company's prior written consent — any permitted paid content must be clearly disclosed as such, and the Company may remove undisclosed or unauthorised paid content — buy, sell or transfer any Account, Stamp, WainTag or RSVP, or send or receive payment through the Service except through the Paid Features the Company offers; or

(h) post client records, internal screens, access cards or other information the User is bound to keep confidential; or encourage or assist anyone else to do any of the above.

13.4 Many of these acts are criminal offences in Kuwait and elsewhere; the Company may report them to the authorities, and the User alone bears every criminal, civil and administrative consequence. Breach of this Article may lead to content removal, feature restriction, suspension, permanent termination and legal action. False, malicious or repetitive reports are themselves a breach. A security vulnerability should be reported to support@wainkum.app without testing against other Users' data or demanding payment; these Terms create no bug-bounty programme and no safe harbour.

Article 14 — Monitoring

14.1 The Company has no general obligation to monitor User Content or conduct and does not undertake to do so. The measures in this Article are voluntary, may change or stop at any time, are not warranted to be effective and create no duty of care toward any person.

14.2 Display names, WainTags, profile prompt answers, Vibes and profile photos; Hangout and Event titles, details, place names, links, contact numbers and cover images; and Wain captions, images, thumbnails and still frames sampled from Wain videos may be checked automatically by an artificial intelligence system, currently provided by OpenAI, L.L.C., when posted, afterwards, or both, as Article 9 of the Privacy Policy describes. The User acknowledges that:

(a) the rules and thresholds differ by country and may change without notice;

(b) a clear violation may be held back or removed and the User notified; an uncertain result may be published and reviewed later by the Company's team; Events may be published first and reviewed afterwards; and

(c) automated systems make mistakes in both directions and the Company is not liable for either outcome; Direct Messages, Group Chat messages and comments are not submitted to the check; and the results, including the model's literal output, may be retained for moderation, audit, appeal and legal purposes, as clauses 9.4 and 14.2(l) of the Privacy Policy describe.

14.3 Any User may report a User, Wain, comment, message, Hangout, Event or other content through the Application. A report of a message or of a conversation allows the Company's administrators to read that conversation, as clause 8.4 of these Terms and clause 11.6 of the Privacy Policy describe. Content may be hidden automatically, before any human review, once a set number of Users (currently three) have reported it. The Company aims to review reports of objectionable content and act within twenty four (24) hours; this is a statement of practice, not a warranty, and the Company may decline to act, seek more information and need not inform the reporter of the outcome.

14.4 On becoming aware of content or conduct the Company reasonably believes breaches these Terms or the law, or presents a risk to anyone, the Company may, in its sole discretion and with or without notice: hold back, remove or restrict content; remove a Hangout, Event or participant; warn the User; restrict features; suspend or permanently terminate the Account and prevent a new one; revoke an Organization designation; withhold a payout; disclose information to authorities where required or permitted by law; and take any other action it considers appropriate. Where practicable, lawful and consistent with safety, the Company will notify the User in the Application of a removal or restriction and its general reason; no notice is required for child-safety, terrorism, serious-crime, imminent-risk, legally confidential or repeatedly abusive matters. The Company may terminate the Accounts of repeat infringers at its discretion.

14.5 The User may ask for a review of an enforcement action by writing to support@wainkum.app within thirty (30) days, stating why the action was wrong. The Company will consider the request in good faith and its decision is final; restoration may be impossible where content has expired. The Company is not liable for any enforcement action, whether or not reversed.

14.6 A rights holder who believes content infringes its intellectual-property rights may send a notice to support@wainkum.app identifying the complainant, the right, the content and a statement of good faith, accuracy and authority; the Company may remove the content and notify the poster, who may send a counter-notice consenting to the jurisdiction of the Kuwaiti courts. Anyone who knowingly makes a false statement in a notice or counter-notice indemnifies the Company.

14.7 The Company may preserve and disclose User Content and Account information where required by law, a court order or a competent authority in Kuwait or elsewhere, or where necessary to enforce these Terms, respond to third-party claims, protect any person's safety or address fraud or security. Direct Messages are read or disclosed under this clause only as clause 8.4 permits. The User must cooperate with any investigation.

Article 15 — Payments

15.1 This Article applies only to the extent the Company offers the relevant paid feature ("Paid Feature") in the State of Kuwait, or in another country only where the Service states that the Paid Feature is offered there, and to the User's Account type; the Company is not obliged to offer any Paid Feature, and may introduce, price, change or withdraw one at any time, and until a feature is offered the corresponding provisions have no effect. Clauses 15.2, 15.7 and 15.8 apply now, whether or not any Paid Feature is offered.

15.2 When the Company is accepting requests, an Organization Account may be requested through the in-app form, which may require contact and business details and supporting documents. The applicant represents that it is authorised to bind the Organization, that the Organization is lawfully established and licensed for its activities wherever it will hold Events, and that all information is accurate. The Company may grant, refuse, suspend or revoke the designation at any time without reason or liability; it creates no partnership, agency or employment, and only an Organization Account may create an Event. An Organization Account may switch between personal and business mode; in business mode it is shown as Everyone, is not counted among people at a Place and has limited use of comments. The Company may stop accepting applications for Organization Accounts for any period; while applications are closed the in-app form may be unavailable and no new application will be considered, and Organization Accounts already granted continue unaffected.

15.3 Where Ticket sales are enabled:

(a) the Organizer sets ticket types, prices, quantities, admission conditions and refund policy, subject to these Terms and applicable law, and is the seller and the party to the contract for admission; the Company is a platform and, where applicable, a limited payment-collection agent for the Organizer, and payment received on the Organizer's behalf discharges the Attendee's obligation to that extent;

(b) the Company remits Ticket proceeds to the Organizer less its commission and every applicable fee, tax, refund, chargeback, reserve and set-off, on the schedule it specifies; commission and fees are displayed in the Application before a paid Event is listed; and the Company may hold a reserve, delay, withhold or reverse a payout, cancel Tickets, refund Attendees and recover amounts from the Organizer where it reasonably suspects fraud, breach, a dispute, a cancelled or materially changed Event, a legal requirement or a risk of non-performance;

(c) Tickets are personal unless the Organizer permits transfer and must not be resold at a premium or reproduced; where an Event is cancelled the Attendee is entitled to a refund of the Ticket price from the Organizer, which the Company may process from the Organizer's proceeds or reserve; where an Event is materially changed the Attendee may be entitled to a refund under applicable law and the Organizer's policy; the Company's commission may be non-refundable to the Organizer; and the Company may, but need not, refund an Attendee directly, in which case the Organizer must reimburse it on demand; and

(d) the Organizer may use Attendee information only to administer the Event, must protect it, must not use it for marketing without separate consent, and is responsible for every tax on its sales.

15.4 A Promotion gives an Event increased visibility for the period purchased at the price displayed at the time of purchase; the Company does not warrant any placement, ranking, impressions, RSVPs, attendees or sales. Promotion fees are non-refundable once the Promotion has begun, except where the Company ends it for reasons not attributable to the Organizer, in which case it may refund the unused portion.

15.5 Subscriptions (for example individual premium and family plans), Promotions bought in the Application and other digital in-app purchases are sold through Apple's in-app purchase system; the purchase contract is between the User and Apple, Apple's terms govern billing, renewal, cancellation and refunds, and the Company cannot itself issue refunds for such purchases. Unless cancelled at least 24 hours before the end of the current period in the device's App Store settings, a Subscription renews automatically at the then-current price; cancellation takes effect at the end of the period with no pro-rata refund except where required by law or provided by Apple; a free trial converts to a paid Subscription unless cancelled before it ends; and the primary subscriber of a family plan is responsible for every member.

15.6 Other payments are processed by Payment Processors (including Tap Payments) under their own terms; the Company does not store full card numbers and is not responsible for a Payment Processor's acts or failures. Payments are made in Kuwaiti Dinars, or in another currency only where the Service states that a Paid Feature is offered in that currency, and a price shown in another currency before Ticket sales open (clause 15.8) is for information only; conversion and bank charges are the User's; refunds go to the original payment method. A User who initiates an unjustified chargeback may have the Account suspended and be charged any chargeback fee, and must contact support@wainkum.app before disputing a charge. The Company may set off amounts owed to it and may cancel any transaction it reasonably suspects to be fraudulent or unlawful. The Company may publish additional Organizer terms, which form part of the Agreement for every Organizer on publication.

15.7 An Organizer may require an Event Pass for entry to its Event. An Event Pass is personal, is issued only while the Attendee is going to the Event, lapses if the Attendee stops going, and displays a code that changes periodically, so a screenshot may not be accepted. An Organizer may name Users as door staff for all of its Events. The Organizer and its door staff can see each Attendee's name and photo and the entries recorded, can scan or reverse a scan, and can ban an Event Pass for that Event with a stated reason; only the Organizer can lift a ban. Door staff may leave that role at any time in the Application, and the Company keeps the related scan records as clauses 14.2(i) and 14.2(k) of the Privacy Policy state. The Organizer is responsible for its door staff and every decision at its door, may use Attendee information only to administer the Event, must protect it, and must not use it for marketing without separate consent. The Company does not guarantee that scanning will work at any time.

15.8 Ticket sales are not yet open. An Organizer may set a price, currency and refund rule for an Event and save payout details, being the account holder's name, the bank name and the IBAN, and the Event may show the price with a notice that ticket sales will open. Until the Company opens sales, no User can buy a Ticket or become an Attendee of that Event through the Service, and clause 15.3 has no effect. The commission displayed in the Application is indicative until sales open. The Organizer warrants that its payout details are accurate and that it may use them; the Company may review them and is not obliged to accept them.

Article 16 — Intellectual Property

16.1 Subject to compliance with the Agreement, the Company grants the User a limited, personal, non-exclusive, non-transferable, revocable licence to install the Application on Apple-branded devices the User owns or controls and to use the Service for personal, non-commercial purposes (or, for an Organizer, to list and manage Events under Article 15), in accordance with the App Store usage rules. The Service is licensed, not sold; all rights not expressly granted are reserved. The User must not copy, modify, translate or create derivative works of the Service; rent, sell, sublicense or distribute it; remove proprietary notices; use it on a jailbroken device or through an unofficial client; access any API, database, realtime channel, storage bucket or edge function other than through the Application and Website; use it to build a competing product; or reverse engineer it except to the extent applicable law expressly permits notwithstanding a contractual prohibition.

16.2 The Company may issue updates that install automatically, may require a minimum application build, and may stop supporting older application or operating-system versions. Pre-release and TestFlight versions are provided without warranty, may lose data and must not be disclosed.

16.3 The Service — its design, interface, graphics, software, code, algorithms, database schemas, APIs and moderation rules — and every intellectual-property right in it, including copyright and rights in unregistered trade marks, belong to the Company or its licensors and are protected by Kuwaiti and international law. "Wainkum", "وينكم", "Wain", "WainTag", the Wainkum logo and pin designs are trade marks of the Company, whether or not registered, and may not be used without written consent. Places, map data, music previews and other third-party content remain their providers' property. The Company may use aggregated, de-identified statistics derived from use of the Service for any lawful purpose.

Article 17 — Third-Party Services

17.1 The Service depends on Third-Party Providers: Apple (App Store, operating system, push notifications, in-app purchases, Live Activities, maps, music previews); Supabase, Inc. (database, authentication, storage, realtime, hosting); Twilio Inc. and, once offered, WhatsApp (verification codes); OpenAI, L.L.C. (Automated Content Checks and event descriptions prepared by the Company); Anthropic (AI analysis of internal fault reports and AI-assisted development of the Service) and Telegram (internal fault-report messaging and service alerts); GIPHY (GIFs); Meta (sharing to Instagram Stories); Spotify (song links); Google (Website fonts, and Google Maps where the User chooses to open directions) and Waze (directions the User chooses to open); GitHub (encrypted backups); Vercel (Website hosting); the Company's e-mail hosting provider (messages to and from support@wainkum.app); Tap Payments and other Payment Processors, once offered; and mapping, geocoding and content-delivery providers. Article 10 of the Privacy Policy states which of them receive personal data, for what purpose and on whose terms. The Company does not control them and is not responsible for their availability, performance, security, terms or acts; the User's use of their services through the Service is subject to their terms. Content exported to a third-party platform is outside the Company's control. Places on the map come from third-party providers and Users; the Company has no relationship with their operators and does not warrant that any Place is open, safe, accessible or permits Check-ins, photography or gatherings.

17.2 Because the Application is distributed through the Apple App Store, the following applies and prevails over any conflicting provision:

(a) the Agreement is between the User and the Company only, not Apple; the Company, not Apple, is solely responsible for the Application and its content, and Apple has no obligation to provide maintenance or support;

(b) the licence in Article 16 is limited to use on Apple-branded products the User owns or controls, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, including via Family Sharing where offered;

(c) to the maximum extent permitted by law Apple has no warranty obligation; on any failure of the Application to conform to a warranty the User may notify Apple, which will refund the purchase price (if any), and every other claim is the Company's responsibility subject to these Terms;

(d) the Company, not Apple, is responsible for any product-liability, legal-compliance or consumer-protection claim relating to the Application and for the investigation, defence and settlement of any third-party intellectual-property claim;

(e) the User represents that the User is not located in a country subject to a United States Government embargo or designated as terrorist-supporting, is not on any United States Government list of prohibited or restricted parties, and will comply with applicable third-party terms, including wireless-data terms; and

(f) Apple and its subsidiaries are third-party beneficiaries of the Agreement and may enforce it against the User.

Article 18 — Privacy, Notifications and Communications

18.1 The Company’s handling of personal data is governed by the Privacy Policy, which forms part of the Agreement and, as clause 2.2 provides, prevails over these Terms on the handling of personal data. Every provision of these Terms that concerns personal data is read with the Privacy Policy, which describes in particular the location data the Company keeps (Article 6), who can see the User’s data (Article 7), Automated Content Checks and other uses of artificial intelligence (Article 9), the Third-Party Providers that receive personal data (Article 10), access to conversations (Article 11), notifications and Company Messages (Article 12), processing outside Kuwait (Article 13), how long data is kept (Article 14), what is kept after an Account is deleted (Article 15), the User’s rights (Article 17), age (Article 18) and the records of each acceptance and refusal (Article 19). Requests to exercise the User’s data rights go to support@wainkum.app (Article 17 of the Privacy Policy).

18.2 The Application may send push notifications (friend requests, Friends' Check-ins, messages, likes, Hangout and Event notices, "Still at [Place]?" reminders, automatic check-out notices, moderation, security and service notices) and silent background notifications. Categories can be controlled in the Application and device settings; disabling them may prevent important notices, and account, safety and moderation notices are always on. Turning off a category does not leave a room, cancel an RSVP, end a Friendship or check the User out. Notifications may arrive late, more than once or not at all and are not proof of a current state. Article 12 of the Privacy Policy describes the data used to send notifications and Live Activities.

18.3 The Company may communicate by in-app notice, push notification, in-app sheet, Pulse entry, a screen shown at launch, e-mail where provided, SMS for verification codes, or any other reasonable means, in English or Arabic; a notice is validly given when displayed in the Application. The User consents to electronic communications and agrees that they satisfy any requirement of writing, including under Kuwait Law No. 20 of 2014 on Electronic Transactions. Notices to the Company go to support@wainkum.app or the address in Article 25.

18.4 The Company may send messages about an outage, maintenance, a fault or a security matter to all Users or to particular Users, and may send a particular User a message about that User's use of the Service ("Company Messages"), by push notification, in-app sheet or Pulse entry. Company Messages are not advertising. A push notification follows the User's All notifications setting; a Company Message may still appear inside the Application when that setting is off. Greetings to all Users appear inside the Application only. The Company may record whether a Company Message reached the User, as clause 12.5 of the Privacy Policy describes.

Article 19 — Termination

19.1 The Company does not warrant that the Service will be available at any time, continuously, without interruption or error, and commits to no service level. The Company may at any time, with or without notice and without liability, add, change, suspend, limit or remove any feature, rule, expiry period, country or supported device; enable or disable features for some Users through remote configuration; and discontinue the Service in whole or in part, giving advance notice in the Application where practicable. During maintenance or a fault, a Company Message may prevent use of the Application for up to four (4) hours at a time; while it is displayed the User can still check out and show Event Passes. No message can be shown if the Service as a whole is unavailable. The Company is not liable for any loss of User Content or data resulting from any change or failure.

19.2 The User may stop using the Service at any time and may permanently delete the Account in the Application (Profile → Account → Delete account) or by writing to support@wainkum.app (identity verification may be required). Deletion permanently removes the User's profile, Check-ins, Wains, messages, Friendships, Hangouts, RSVPs, Stamps and related records, except the records that clause 15.3 of the Privacy Policy states are kept after deletion, including proof of each acceptance or refusal of these Terms and the Privacy Policy, the record of a blocked mobile number, activity and administrator records for the periods the Privacy Policy states, the record of changes to an Organization's payout details, copies in internal fault reports and records held by Third-Party Providers under their own retention rules; residual copies in backups are purged on a rolling basis within thirty (30) days (clause 14.3 of the Privacy Policy); messages and content of other Users, including the other participant's side of a conversation, are not deleted; content already copied by others or shared outside the Service is unaffected; deletion is irreversible; and any Subscription must be cancelled separately through Apple.

19.3 The Company may, in its sole discretion, with or without notice and without liability, suspend, restrict or terminate the User's access or Account where it reasonably believes the User has breached the Agreement or the law or presents a risk to any person, the Company, a Third-Party Provider or the integrity of the Service; where required by law, a court order or a competent authority; where the User has provided false information or is ineligible; where the Account has been inactive for an unreasonable period (with prior notice), a payment is overdue or disputed, the Company reasonably suspects fraud, abuse, ban evasion or automated access, or the Account is the subject of repeated substantiated reports; or where the Company discontinues the Service or any part of it.

19.4 On termination the User's licence ends immediately, the Company may delete the Account and User Content under the Privacy Policy and retain what is needed to prevent a new Account, comply with law and resolve disputes, as clause 15.3 of the Privacy Policy describes, and no fee is refunded except as required by law or by Apple. An Organizer's future Events may be cancelled and Attendees refunded from its proceeds or reserve, with any shortfall recoverable from the Organizer. Termination does not affect accrued payment obligations or liability for earlier acts. Articles 1, 2, 6, 12, 13 to 17 and 19 to 25, Schedule A, and every provision intended by its nature to survive, survive termination for any reason.

Article 20 — Disclaimers

20.1 The Service and everything in it — every feature, Place, location datum, Presence indicator, notification, Automated Content Check, verification mark, Hangout, Event, Ticket, Promotion, Subscription and communication — is provided "as is", "as available" and "with all faults", without warranty of any kind. To the maximum extent permitted by law the Company, its affiliates, licensors and Third-Party Providers, and their officers, employees, agents and contractors (the "Company Parties") disclaim every express, implied and statutory warranty, including merchantability, satisfactory quality, fitness for purpose, title, non-infringement, accuracy, reliability, availability and security.

20.2 In particular, the Company Parties do not warrant that:

(a) the Service will meet the User's requirements or be uninterrupted, timely, secure or error-free, or that defects will be corrected;

(b) any location datum, Presence, Place, opening hours, automatic check-out, reminder, notification or Live Activity is accurate, current, complete or delivered, or that any Visibility Setting, hiding, Block or other privacy control will be enforced perfectly in every circumstance;

(c) any User is who they claim, is of the age they claim, is trustworthy or will behave lawfully or safely; any Hangout or Event will take place, is lawful, safe or as described; any Organizer will honour any Ticket or refund; or any Place is open, safe, accessible or lawful to visit; or

(d) any Automated Content Check or review will detect or remove any content or will not remove lawful content, any content will remain available for or be deleted at any particular time, or the Service or any use of it is lawful in any jurisdiction.

20.3 Nothing in the Service is legal, safety, medical, financial or other professional advice; material obtained through the Service is obtained at the User's own risk; and no advice or information from the Company Parties creates a warranty not stated here. To the maximum extent permitted by law, the Company Parties are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business, goodwill, reputation, opportunity, data, content or use, however caused and under any theory of liability, whether or not foreseeable.

20.4 To the maximum extent permitted by law, the Company Parties are not liable for any loss, damage, injury, cost or expense arising out of or in connection with:

(a) any act or omission of the User described in Article 6, or of any other User, Organizer, Host, Attendee, venue, performer or third party, online or offline, including assault, harassment, stalking, theft, fraud, defamation, invasion of privacy, negligence or crime;

(b) any meeting, gathering, Hangout, Event, travel or activity undertaken as a result of the Service, including injury, death, illness, property damage, financial loss or emotional harm, and any cost incurred in reliance on any Hangout, Event, Place or User;

(c) any Check-in, Join Me Trip or disclosure of Presence or Live Location, anyone knowing or inferring the User's location, routine or absence, and any inaccuracy, delay or error in any location datum, Place, Presence, notification or other information;

(d) any User Content, including its accuracy, legality, deletion, expiry, loss, persistence, copying or dissemination; any moderation decision, enforcement action, failure to moderate or delay; and any failure or delay in enforcing any privacy control;

(e) any unauthorised access to the Account, device, servers or data except to the extent caused by the Company's failure to implement the security measures described in Article 16 of the Privacy Policy; any interruption, change, discontinuance or failure of the Service; any act, outage or security incident of any Third-Party Provider or Payment Processor; and any Ticket, Promotion, Subscription, refund, chargeback, payout or payment; or

(f) any matter beyond the Company's reasonable control, including epidemic, war, civil unrest, governmental action, change in law, infrastructure failure or cyber-attack.

20.5 To the maximum extent permitted by law, the total aggregate liability of the Company Parties to the User for all claims arising out of or in connection with the Agreement or the Service, under any theory, shall not exceed the greater of (a) the fees the User paid to the Company in the twelve (12) months before the event giving rise to the claim and (b) fifty Kuwaiti Dinars (KWD 50), and any claim by the User must be commenced within one (1) year after the cause of action arises. The User acknowledges that the Company offers the core Service free of charge in reliance on Articles 6, 20, 21 and 22, that they reflect a reasonable allocation of risk and form an essential basis of the bargain, and that each exclusion and limitation is separate and applies even if a remedy fails of its essential purpose. Each Company Party may enforce this Article directly.

Article 21 — Indemnity

21.1 The User shall defend, indemnify and hold harmless the Company Parties from every claim, demand, proceeding, investigation, liability, damage, loss, cost, expense, fine, penalty and settlement (including reasonable legal fees), whether brought by a User, third party, venue, Organizer, Attendee, rights holder, authority or anyone else, arising out of or in connection with:

(a) the User's use of the Service, including every act or omission described in Article 6, and any User Content, including any claim that it infringes any right or is unlawful, defamatory or objectionable;

(b) any Check-in, Join Me Trip, disclosure of Presence or Live Location, Wain, comment, message, Hangout, Event, Ticket, Promotion, meeting or gathering of the User, including any injury, death, loss or damage to anyone and any breach of licensing, permit, safety or public-gathering law, and any interaction between the User and any other User, Organizer, venue or third party, online or offline;

(c) the User's breach of the Agreement, any representation or warranty in it, or any law, or violation of anyone's rights; and

(d) any tax, chargeback, refund, payout or payment dispute for which the User is responsible, any misuse of the Account before the User has notified the Company under clause 4.2, and any false statement in an intellectual-property notice or counter-notice.

21.2 The Company may assume the exclusive defence and control of any such matter, in which case the User must cooperate fully and bear the costs, and the User must not settle any claim without the Company's written consent. Amounts due are payable on demand and may be set off. This Article survives termination and may be enforced by each Company Party directly.

Article 22 — Rights

22.1 Nothing in these Terms excludes, restricts or transfers a liability or right that applicable law does not permit to be excluded, restricted or transferred. This Article takes priority over every disclaimer, liability cap, indemnity, responsibility allocation and general provision in the Agreement, including Article 6, Articles 20 and 21 and Schedule A.

22.2 In particular, no provision is intended to exempt the Company in advance from liability for its own unlawful act where such an exemption is invalid under the law of the State of Kuwait (including the Civil Code issued by Decree-Law No. 67 of 1980), or from liability for its own fraud, fraudulent misrepresentation, intentional misconduct or gross negligence, or for death or personal injury caused by its own negligence. Mandatory consumer-protection, data-protection, privacy and other statutory rights remain available where they apply, including under Kuwait Law No. 39 of 2014 on Consumer Protection and the equivalent law of the User's country of residence; describing the Service as free, social or informational does not remove those rights.

22.3 The allocation of responsibility to the User in Article 6 and elsewhere means that the User answers for the User's own conduct and that the Company does not answer for conduct the law does not attribute to it. Where the law, on the established facts, attributes responsibility to the Company, these Terms do not conclusively displace it; equally, they do not make the Company liable for what the law does not attribute to it. Nothing prevents any person from reporting suspected illegality, obtaining legal advice or exercising rights that cannot be waived, and a court may adjust a provision where the law authorises it while the remainder of the Agreement continues to apply.

Article 23 — Jurisdiction

23.1 The Agreement, and every dispute arising out of or in connection with it or the Service, whether contractual or non-contractual (a "Dispute"), is governed by the laws of the State of Kuwait.

23.2 The courts of the State of Kuwait have exclusive jurisdiction over every Dispute and each party submits to that jurisdiction. Company may, where permitted by law, refer a Dispute with an Organizer or commercial User, or any Dispute exceeding ten thousand Kuwaiti Dinars (KWD 10,000), to final and binding arbitration by a sole arbitrator under the rules of the Kuwait Commercial Arbitration Center, seated in Kuwait City. To the maximum extent permitted by law, every Dispute is resolved on an individual basis and the User will not bring or join any class, collective or representative proceeding against any Company Party.

23.3 Users in the State of Kuwait acknowledge that the use of information-technology networks and the publication of content are regulated by, among other laws, Law No. 63 of 2015 on Combating Information Technology Crimes, Law No. 37 of 2014 on the Communication and Information Technology Regulatory Authority, Law No. 8 of 2016 on Electronic Media, Law No. 20 of 2014 on Electronic Transactions, Law No. 3 of 2006 on Press and Publications and the Penal Code (Law No. 16 of 1960), and that User alone is responsible for compliance; and that Company's content rules for Kuwait are set at the sensitivity it considers appropriate to Kuwaiti law and custom.

23.4 Users outside the State of Kuwait acknowledge that the Service is designed for the markets in which the Company operates; that the Company's content rules may differ by country; that their personal data may be processed in Kuwait and where the Company's Third-Party Providers operate, as Article 13 of the Privacy Policy describes; that the Company makes no representation that the Service complies with the laws of any other country; and that the User alone is responsible for compliance with local law. Mandatory consumer rights of such Users, if any, are not affected.

23.5 The User represents that the User is not the subject of, and is not located in a country subject to, sanctions administered by Kuwait, the United Nations, the United States, the European Union or the United Kingdom; will not export or use the Application in violation of export-control law; and will not use the Service to launder money, finance terrorism, evade sanctions or make any unlawful payment. The Company may report suspicious activity and cooperate with lawful requests from authorities in Kuwait and elsewhere.

Article 24 — Changes

24.1 The Company may amend these Terms, the Privacy Policy and any incorporated document at any time. Where a change is material the Company will notify the User in the Application before or when it takes effect — normally by a single screen shown at launch that covers these Terms and the Privacy Policy together — and may require the User to accept the amended Terms before continuing; non-material changes may be made by publishing the amended Terms in the Application and on the Website. Each version states its version number and date. Continued use after the amended Terms take effect, or tapping the acceptance control where required, constitutes acceptance; a User who does not agree must stop using the Service, may sign out instead of accepting, and may delete the Account under clause 19.2. Earlier versions continue to govern acts that occurred while they were in force.

24.2 The Agreement is the entire agreement between the User and the Company regarding the Service and supersedes all prior agreements, representations and communications about it; the User has not relied on any representation not set out in it. No amendment other than under clause 24.1 is effective unless in writing and signed by an authorised representative of the Company. The User may not assign or transfer the Agreement without the Company's written consent; the Company may assign or transfer it without consent to an affiliate, a successor or in connection with a merger, acquisition, reorganisation or sale of assets.

24.3 No failure or delay by the Company in exercising any right is a waiver of it. If any provision is held invalid or unenforceable it is modified to the minimum extent necessary or severed, and the rest continues in force; if any exclusion or limitation of liability is unenforceable for a claim, the remaining exclusions and limitations continue to apply. The Company is not liable for any failure or delay caused by events beyond its reasonable control.

24.4 The User and the Company are independent contracting parties; nothing creates a partnership, joint venture, agency, fiduciary or employment relationship between them or between the Company and any Organizer, Host or Attendee, and the Company's role as limited payment-collection agent under Article 15 is confined to receiving payments. Only the Company Parties, Apple and Apple's subsidiaries may enforce provisions expressed for their benefit. The Agreement is concluded electronically; acceptance by tapping or continued use has the effect of a signature and the Company's electronic records of acceptance are admissible, in accordance with Kuwait Law No. 20 of 2014. The Company records each acceptance and refusal with its date and time, the method used, the network (IP) address, the mobile number of the Account and the other details listed in clause 19.1 of the Privacy Policy, and keeps that record after the Account is deleted, as clause 19.2 of the Privacy Policy describes.

Article 25 — Contact

25.1 The Service is operated by Wainkum Integrated Computer Solutions Company (شركة وينكم لحلول متكامله حاسوبيه), a one-person company incorporated under the laws of the State of Kuwait; commercial licence no. 2026/14957 issued by the Ministry of Commerce and Industry on 20 August 2026; commercial register no. 550193; licensed activities 620213 (integrated computer solutions), 620103 (software maintenance and web design) and 620200 (IT consulting); registered address Capital Governorate, Qibla, Al-Mubarakiya Street, Osama Yousef Mohammed Al-Omar Building, Floor 1, Shop 9, State of Kuwait.

25.2 Contact for support, reports, appeals, intellectual-property notices, privacy requests, Organizer applications and legal notices: support@wainkum.app. Website: wainkum.app. Terms: wainkum.app/terms. Privacy Policy: wainkum.app/privacy. The Company does not provide emergency services; in an emergency in Kuwait call 112.

25.3 By tapping "Agree and continue" the User confirms that the User has read these Terms in full, understood them, had the opportunity to seek independent advice, and agrees to be bound by them — in particular Article 6 (Responsibility), Article 20 (Disclaimers), Article 21 (Indemnity), Article 22 (Rights) and Article 23 (Jurisdiction).

Schedule A — Worked Examples of User Responsibility

These examples form part of the Terms and show how Article 6 applies to ordinary situations. In every example the facts, the relevant Articles and Article 22 determine responsibility; an example does not settle a dispute.

A1 A User checks in at a hospital and films the waiting room. The Wain may reveal patients' faces, conditions and conversations. The User must respect recording restrictions and obtain every required permission; the Company gives no consent on behalf of patients or staff, and deleting the Wain later does not undo an earlier unlawful publication. (Articles 6, 7, 8, 13.)

A2 A Host lists a Hangout at a restaurant without asking the restaurant, collects a deposit from participants into a personal bank account, and cancels. The Host is responsible for the venue's permission, for the money and for refunding it; the participants chose to pay a person, not the Company, which is not an escrow holder or guarantor. (Articles 6, 9.)

A3 A blocked User creates a new Account and joins a Place Chat to approach the person who blocked them. This evades a restriction and breaches Article 13; the Company may terminate both Accounts and the blocked person may report the conduct to the police. (Articles 11, 13, 14.)

A4 A User receives a message saying that "Wainkum support" needs the User's verification code to remove an abusive post. The Company never asks for a code; a User who shares it is responsible for everything done in the Account until the User notifies the Company. (Articles 4, 21.)

A5 A bug shows a friends-only Wain to a wider audience. The User's decision to post does not make the User responsible for the Company's defect; Article 22 preserves the Company's own legal responsibility for what the law attributes to it, subject to Article 20 to the extent it is enforceable. (Articles 11, 20, 22.)

— End of Terms and Conditions, Version 2.6 —