1. Introduction
Welcome to BINK ("we," "our," or "us"). By accessing or using our website, mobile application, or any of our services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.
These Terms constitute a legally binding agreement between you and BINK regarding your use of the Services. By accessing or using the Services, you represent that you are at least 13 years old.
2. User Accounts
To access certain features of the Services, you may need to create an account. When you create an account, you must provide accurate and complete information. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You agree to:
- Provide accurate, current, and complete information when creating your account
- Maintain and promptly update your account information
- Keep your password secure and confidential
- Notify us immediately of any unauthorized use of your account or any other breach of security
- Accept responsibility for all activities that occur under your account
We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, false, or misleading, or if you fail to comply with these Terms.
3. User Content
Our Services allow you to create, upload, post, send, receive, store, and share content, including text, links, graphics, photos, videos, and other materials (collectively, "User Content"). You retain all rights in and to your User Content, and you are solely responsible for your User Content and the consequences of posting or publishing it.
By submitting User Content to BINK, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Services and BINK's business, including for promoting and redistributing part or all of the Services.
You represent and warrant that:
- You own or have the necessary rights to use and authorize BINK to use your User Content
- Your User Content does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person or entity
- Your User Content complies with these Terms and all applicable laws and regulations
4. Prohibited Activities
You agree not to engage in any of the following prohibited activities:
- Using the Services for any illegal purpose or in violation of any local, state, national, or international law
- Posting, uploading, or sharing content that violates these Terms or is illegal, fraudulent, deceptive, obscene, pornographic, defamatory, threatening, harassing, abusive, or hateful
- Impersonating another person or entity, or falsely stating or misrepresenting your affiliation with a person or entity
- Interfering with or disrupting the Services or servers or networks connected to the Services
- Attempting to gain unauthorized access to any portion of the Services or any other accounts, computer systems, or networks connected to the Services
- Using any automated means, including bots, scrapers, or similar technologies, to access or use the Services
- Selling, transferring, or sharing your account or username without our prior written approval
- Creating multiple accounts for disruptive or abusive purposes
5. Intellectual Property
The Services and all content, features, and functionality thereof, including but not limited to all information, software, text, displays, images, video, audio, design, selection, arrangement, and look and feel, are owned by BINK, its licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms do not grant you any right, title, or interest in the Services or any content, features, or functionality of the Services. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
- You may store files that are automatically cached by your web browser for display enhancement purposes
- You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution
6. Payments and Subscriptions
BINK offers both free and premium services. By selecting a premium subscription or purchasing tokens, you agree to pay the specified fees. All fees are in Nigerian Naira (₦) unless otherwise stated.
Subscription Plans
We offer the following subscription plans:
- Free Plan: Basic features with limited functionality
- Premium Plan: Available as monthly, yearly, or lifetime subscriptions
- Content Creator Plan: Special features for content creators
Token System
Tokens can be purchased to access premium templates and features without a subscription. Token purchases are final and non-refundable.
Payment Processing
We use secure third-party payment processors to handle transactions. By providing payment information, you represent that you are authorized to use the payment method and agree to the terms of the payment processor.
Cancellation and Refunds
You may cancel your subscription at any time. Upon cancellation, your subscription will remain active until the end of the current billing period. We do not provide refunds for partial subscription periods or unused portions of subscriptions.
7. Limitation of Liability
To the maximum extent permitted by law, BINK and its affiliates, officers, employees, agents, partners, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of or inability to access or use the Services
- Any conduct or content of any third party on the Services
- Any content obtained from the Services
- Unauthorized access, use, or alteration of your transmissions or content
In no event shall our total liability to you for all claims arising from or relating to these Terms or your use of the Services exceed the amount paid by you, if any, for accessing the Services during the twelve (12) months immediately preceding the date of the claim.
8. Termination
We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including, without limitation, if you breach these Terms.
Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services or delete your account through the account settings.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
9. Changes to Terms
We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.
10. Governing Law
These Terms shall be governed and construed in accordance with the laws of Nigeria, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
