1. Who we are and these Terms

These Terms of Use apply to Pingaling, the service available through pingaling.fun and related Pingaling features (the Service).

The Service is operated by Skills Dock Pty Ltd (ABN 83 686 564 778), trading through the Pingaling brand. In these Terms, we, us, and Pingaling mean Skills Dock Pty Ltd.

Our contact details are:

• Postal address: 34 Clayson Rd, Salisbury East SA 5109, Australia
• General support, legal notices, copyright reports, safety reports, and appeals: [email protected]
• Privacy and data requests: [email protected]

These Terms, the Community Guidelines, and any product-specific terms shown before you use or buy a feature form the agreement between you and us. We will ask you to accept the required terms when you create an account or use a feature that needs agreement. The Privacy Policy explains how we handle personal information. It is a notice, not a way to obtain blanket consent for optional tracking or marketing.

If there is a conflict, product-specific terms shown before a purchase or feature use apply to that purchase or feature. The Payments and Refunds Policy applies to credits and paid advertising. Nothing in these Terms removes rights that the law says cannot be removed.

2. Who may use Pingaling

You must be at least 18 years old to create or use a Pingaling account. By creating or using an account, you confirm that you meet this age requirement and can enter into a binding agreement where you live.

Do not use the Service if doing so would breach a law that applies to you, a sanction or trade restriction that applies to you, or another agreement that lawfully prevents your use.

You must give accurate account information and keep it up to date. Keep your sign-in details secure. Do not share your account, use another person's account without permission, or create accounts to evade a restriction, suspension, or ban.

3. Your account and choices

You are responsible for activity on your account unless it results from our failure to use reasonable care or another responsibility we cannot lawfully exclude.

Some features may have settings for visibility, communications, receipts, or discoverability. Use those settings carefully. They do not give you permission to collect, disclose, or use another person's personal information outside the Service.

We may send service messages that are needed to run your account, complete a transaction, protect the Service, or tell you about material changes. Where marketing permission is required, we will ask for it separately. Your acceptance of these Terms is not consent to optional analytics, advertising tracking, or marketing email.

4. Using the Service lawfully and fairly

You may use the Service only for its intended purpose and in line with these Terms, the Community Guidelines, and applicable law.

You must not:

• break the law or help another person break the law;
• deceive, defraud, impersonate, scam, phish, or mislead people;
• interfere with the security, availability, or normal operation of the Service;
• access accounts, data, systems, or features without permission;
• use bots, scraping, automation, or data collection in a way we have not authorised or that breaches another person's rights;
• collect, sell, disclose, or use personal information obtained through the Service for purposes that people have not agreed to or that the law does not permit;
• upload malware, harmful code, or material that interferes with the Service;
• infringe intellectual-property, privacy, publicity, confidentiality, or other rights; or
• use the Service to evade restrictions imposed by us or by law.

Additional practical rules, including rules for testing, reviews, paid promotions, safety, and reporting, are in the Community Guidelines.

5. Your content and our limited permission to operate the Service

You keep ownership of the content you create or upload to Pingaling. You are responsible for having the rights, permissions, and lawful basis needed to share it.

You give us a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, format, transmit, display, and make your content available only as needed to operate, maintain, secure, and provide the Service to you and the audience you select. This licence includes reasonable technical copies, backups, and formatting changes needed for the Service to work. It does not transfer ownership of your content to us.

The licence ends when your content is deleted from the Service or your account is closed, except to the extent a copy must remain for a reasonable backup cycle, to meet a legal obligation, resolve a dispute, investigate abuse, protect people or the Service, or comply with our stated retention practices. Your privacy settings and applicable privacy law continue to limit how personal information is handled.

You must not upload content that you do not have the right to share. If you make content available to other people, they may be able to view, copy, or share it in ways that are consistent with the audience and features you chose. We cannot control actions that other people take outside the Service.

We and our licensors own the Service, including its software, design, branding, and other material we provide. We give you a limited, personal, revocable, non-transferable right to use the Service while you follow these Terms. You may not copy, modify, reverse engineer, rent, sell, or exploit the Service except where the law gives you a right that cannot be restricted.

6. Safety, rights reports, and appeals

Use the available in-product reporting tools to report content, conduct, or accounts that may breach these Terms or the Community Guidelines. You may also send safety reports, copyright reports, legal notices, and other rights concerns to [email protected]. Include enough information for us to understand the issue, such as relevant links, account names, dates, and the rights or safety concern involved.

We may remove or limit access to content, restrict features, suspend an account, or take other proportionate action where we reasonably believe this is needed to enforce these Terms, respond to a safety or rights concern, prevent harm, comply with law, or protect the Service and its users. We may preserve relevant records where necessary for those purposes.

If we issue an eligible safety enforcement notice, the notice or the Service may explain how to appeal. Unless a shorter or longer deadline is required by applicable law, an appeal must be submitted within 30 days after the notice. We generally allow one appeal for the same enforcement decision. This process does not limit any non-waivable statutory right or deadline that applies to you.

We will consider the circumstances and information available to us. We cannot promise that every report will result in action or that every appeal will change an outcome.

7. Paid features, credits, and advertising

Some Service features are paid. Price, currency, taxes or tax treatment where applicable, what you are buying, and any product-specific conditions will be shown before you complete checkout.

T Credits are purchased in-app credits for Traction testing. A Credits are earned in-app promotion credits. They are separate balances. They are not money, investments, deposits, or a promise of income. The detailed rules for purchases, refunds, credits, and paid advertising are in the Payments and Refunds Policy and the terms shown at checkout.

Nothing in these Terms removes mandatory refund, cancellation, withdrawal, or consumer rights. In particular, ending or suspending an account does not by itself remove rights that the law gives you in relation to a purchase.

8. Third-party services and links

The Service may work with third-party services or link to third-party websites. Those services and websites are controlled by their own providers and may have their own terms and privacy notices. Review them before using them.

We are not responsible for third-party content, availability, conduct, or terms, except where responsibility cannot lawfully be excluded. A link or integration does not mean that we endorse a third party.

9. Changing, pausing, or ending the Service

We may change, pause, or discontinue a feature where reasonably needed for security, safety, law, maintenance, product development, or operational reasons. Where a change materially affects a paid feature or your use, we will take reasonable steps to give notice where practicable and where required by law.

You may stop using the Service and request account deletion through the available account controls, subject to any applicable cancellation period and lawful retention of records. Deleting an account may not remove every record immediately or every record we must retain for legal, safety, security, evidence, accounting, or dispute reasons. The Privacy Policy explains the relevant data-handling process.

We may suspend or end your account or access where reasonably necessary for the reasons described in section 6, if you materially breach these Terms, if we are required to do so by law, or if continued access creates a material risk to people or the Service. When appropriate, we will tell you the reason and available review options. We may act without advance notice if delay could cause harm, compromise an investigation, or be unlawful.

10. Disclaimers

We provide the Service on an as-is and as-available basis. We do not promise that the Service will always be available, uninterrupted, secure, error-free, suitable for every purpose, or free from harmful content posted by users or third parties.

To the maximum extent permitted by law, we exclude warranties, representations, and conditions that are not expressly stated in these Terms. We do not exclude consumer guarantees, statutory warranties, or other rights that cannot lawfully be excluded. If the law permits us to limit a remedy for a breach of a non-excludable right, our liability is limited to the remedy the law allows.

11. Limits on liability

Nothing in these Terms excludes or limits liability for fraud, deliberate wrongdoing, death or personal injury caused by negligence where that liability cannot be limited, or any other liability that the law does not allow us to exclude or limit.

To the maximum extent permitted by law, Pingaling is not liable for indirect, incidental, special, consequential, or punitive loss, or for loss of profits, revenue, business opportunity, goodwill, data, or anticipated savings arising from your use of, or inability to use, the Service. This does not limit consumer or other rights that cannot lawfully be limited.

We are not responsible for the actions, content, products, or services of other users or third parties, except where the law requires otherwise or the loss was caused by our failure to meet a responsibility we cannot lawfully exclude.

12. Business-user indemnity

This section applies only to use for business, trade, or professional purposes. It does not apply to an individual using the Service for personal purposes. Mandatory consumer and small-business protections still apply.

To the extent permitted by law, you will indemnify Pingaling and its directors, employees, and agents against third-party claims, losses, and reasonable costs arising directly from your unlawful use of the Service, your infringement of another person's rights, or content you provide without the needed rights. Indemnify means cover the relevant loss or cost.

This duty applies only to the extent your conduct caused the claim. It does not cover our own unlawful conduct, negligence, or breach of these Terms. We must take reasonable steps to limit the loss, tell you promptly about a relevant claim, and give you a reasonable chance to take part in its handling. We will not agree to a settlement that requires you to pay or admit fault without your reasonable consent.

13. Changes to these Terms

We may update these Terms when needed for legal, security, safety, operational, or Service changes. We will state the date a new version is intended to take effect and make the new version available before it applies.

For a material change, we will give actual notice through the Service, by email, or by another reasonable method where practicable and where required by law. We will not apply a substantive change retrospectively to conduct, purchases, or rights that arose before its stated effective date unless the law permits or requires this and we clearly explain the reason.

We may ask you to review and actively accept a new version before you use affected features after the change takes effect. We will not rely on a general statement that continued use alone waives rights or creates consent where the law requires a different process. Changes to optional tracking or marketing choices will be handled separately.

14. Governing law and disputes

Before starting a formal dispute, please contact us at [email protected] so that we can try to resolve the issue.

Subject to mandatory law that applies where you live, these Terms are governed by the laws of South Australia, Australia. Subject to those same mandatory rights, you and we submit to the non-exclusive jurisdiction of the courts of South Australia, Australia.

These Terms do not require mandatory arbitration and do not contain a class-action waiver. Nothing in this section prevents you from using a consumer tribunal, regulator, court, or other forum where applicable law gives you that right.

15. Other terms

If part of these Terms is unenforceable, the rest remains in effect to the extent permitted by law. A delay in enforcing a right is not a waiver of that right.

You may not transfer your account or your rights under these Terms without our written consent. We may transfer our rights and obligations as part of a genuine business reorganisation, sale, or transfer of the Service, but this will not reduce rights that cannot lawfully be reduced.

These Terms do not create a partnership, employment, agency, or joint venture between you and us.

16. Contact us

For general support, legal notices, copyright reports, safety reports, or appeals, contact [email protected] or write to Skills Dock Pty Ltd, 34 Clayson Rd, Salisbury East SA 5109, Australia.

For privacy and data requests, contact [email protected].