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Terms of Use for pinguin

Last Updated: April 17, 2026

1. Acceptance of Terms

By accessing, registering for, or using pinguin (the "Service"), you agree to be bound by these Terms of Use. If you do not agree, you must immediately cease use of the Service.

2. Eligibility

You must be at least 18 years old to create an account or use the Service. By using pinguin, you represent and warrant that you meet this age requirement. Any use of the platform by individuals under 18 is strictly prohibited.

3. Account Security

You are responsible for safeguarding your login credentials. You agree to notify us immediately of any unauthorized use of your account. pinguin cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation.

4. User-Generated Content License

By uploading item listings, images, or text, you grant pinguin a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, display, and distribute your content in connection with operating and promoting the Service. You warrant that you own the rights to the content you post.

5. pinguin's Intellectual Property

The Service and its original content, features, functionality, and design (excluding User-Generated Content) are and will remain the exclusive property of pinguin and its licensors. You may not copy, modify, or distribute our intellectual property without prior written consent.

6. Prohibited Conduct and Banned Items

You agree not to use the Service for any unlawful purpose. You may not list, request, or swap:

  • Weapons, firearms, explosives, or hazardous materials.
  • Illegal drugs, narcotics, or regulated pharmaceuticals.
  • Adult content, pornography, or obscenities.
  • Stolen, counterfeit, or illegally obtained goods.
  • Live animals.
  • Human trafficking, child exploitation, or any services related to the exploitation of persons.

7. Disclaimer of Warranties ("As Is" Clause)

The Service is provided on an "as is" and "as available" basis. pinguin expressly disclaims all warranties, whether express or implied, including warranties of merchantability and fitness for a particular purpose. We do not guarantee that the Service will be uninterrupted, secure, or error-free.

8. Limitation of Liability & Release of Disputes

pinguin is strictly a venue facilitating connections between users. We do not vet users, nor do we inspect the quality, safety, or legality of listed items.

  • Release: In the event that you have a dispute with one or more users, you release pinguin, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature arising out of or in any way related to such disputes.
  • Limitation: To the fullest extent permitted by law, pinguin shall not be liable for any indirect, incidental, consequential, or punitive damages, or any loss of profits, or physical injury arising from your use of the Service or in-person meetings with other users. You engage in swaps solely at your own risk.

9. Indemnification

You agree to indemnify, defend, and hold harmless pinguin from any claims, damages, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from your violation of these Terms, your interactions with other users, or your violation of any third-party rights.

10. Moderation and Termination Rights

pinguin reserves the right, at its sole discretion and without liability, to edit or remove any listing, and to suspend or terminate any user account at any time, for any reason, without prior notice.

11. Changes to these Terms

We reserve the right to modify or replace these Terms at any time. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

12. Severability and Governing Law

If any provision of these Terms is held to be unenforceable, the remaining provisions will continue in full force. These Terms shall be governed by and construed in accordance with the laws of Switzerland. You agree that any legal action relating to the Service shall be filed exclusively in the competent courts located in Zurich, Switzerland.