Pinchly Terms of Service

Effective date: 2026-08-09 Last updated: 2026-08-02 Version: 3.0 — CEO-approved content under D194–D196. Supersedes v2.1 (2026-07-02). PUBLISHED at the canonical URL on 2026-08-09 (CEO authorization, D224). Canonical URL: https://pinchly.app/terms Publisher: KuhlApps, LLC ("Pinchly," "we," "us," "our")

IN EFFECT since 2026-08-09, published at the canonical URL, and the version the app records assent to. D195 limits launch preference-content use to providing, securing, supporting, structuring, and retrieving the private-memory service; these Terms grant no cross-user or commercial preference-data license.

Summary — what these terms say in plain English

• What this says in plain English: Pinchly is a private memory tool. You must be 16+, follow the use rules, and you own the content you put in. You give us only the license needed to operate the service for you. At launch we do not use private preference content to build cross-user commercial patterns, demographic preference reports, or buyer-facing outputs. Pinchly+ is offered through Apple at US reference prices of $6.99/month or $47.99/year, with the current localized App Store price controlling at purchase. Liability is capped at what you paid us in the last 12 months or $100, whichever is greater. Disputes use the process in §16, including a small-claims path and 30-day arbitration opt-out.

1. Agreement

These Terms of Service ("Terms") are a binding agreement between you and KuhlApps, LLC ("Pinchly," "we," "us," "our"). They govern your access to and use of the Pinchly mobile application, any associated websites at pinchly.app, and any related services (collectively, the "Service").

By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

Our Privacy Policy at pinchly.app/privacy is incorporated into these Terms by reference and explains how we handle personal data, including D195's private-memory-only launch boundary.

2. Eligibility

You must be at least 16 years old to create an account and use the Service. By creating an account, you represent that you are 16 or older. If we learn that an account holder is under 16, we will suspend and delete the account.

You must have the legal capacity to enter into a contract in your jurisdiction. The Service is offered worldwide, but we make no representation that it is appropriate or available in any specific location, and you are responsible for compliance with local laws.

Your account is personal to you. You may not share your account credentials, and you are responsible for activity under your account.

3. Your account

To use the Service, you create an account using a valid email address. We authenticate you with a one-time code sent to that email. You agree to provide accurate information and keep it up to date.

You are responsible for safeguarding access to your email account, because anyone with access to your email can authenticate as you. If you suspect unauthorized use, contact support@kuhlapps.com.

We may suspend or terminate your account if you violate these Terms (see §13).

4. What Pinchly is — and what it isn't

Pinchly is a private memory tool that lets you organize and recall preferences, gift ideas, and details about the people you care about, with user-directed sharing between mutually accepted connections where available. A saved preference entry is called a "Pinch."

Pinchly is not:

• A directory or contact-discovery service for the general public.
• A social network for posting content to a public audience.
• A platform for marketing, advertising, soliciting, or fundraising to other users.
• A storage service for sensitive personal data — government IDs, payment card data, health records, or login credentials — and you should not put such data into your notes.

5. Your content

You retain all rights you have in the content you create in Pinchly — your notes, the people you add, the Pinches you record, and the relationships you organize ("Your Content"). You do not transfer ownership to us by using the Service.

5.1 — License to operate the Service. You grant KuhlApps, LLC a limited, worldwide, non-exclusive, royalty-free license to host, store, transmit, display, and back up Your Content solely to operate the Service for you — for example, to display your data on another device, to deliver a Pinch to a person you've shared it with, to parse text you capture into a structured Pinch, or to back up your data. This license is the minimum technically necessary to run Pinchly.

5.2 — End of the operating license. The §5.1 license ends when you delete the content or your account, except for secured backups that age out under the Privacy Policy retention schedule and narrow records lawfully required for security, dispute, or compliance purposes. D195 grants no launch license to combine Your Content across users for commercial preference analysis.

5.3 — Your responsibility. You are responsible for Your Content. By submitting it, you represent that you have the rights to do so and that it does not violate these Terms or any law.

6. Acceptable use

You agree not to:

1. Use the Service to harass, harm, threaten, defame, stalk, dox, or intimidate any person.
2. Impersonate anyone, misrepresent your identity, or create accounts on behalf of others without permission.
3. Use the Service to send spam, chain messages, or unsolicited invitations.
4. Scrape, crawl, or extract data from the Service by automated means.
5. Reverse-engineer, decompile, or attempt to derive the source code of the Service, except to the extent expressly permitted by law.
6. Interfere with or disrupt the Service, our servers, or any user's use of the Service.
7. Use the Service for any unlawful purpose or in violation of any law, regulation, or third-party right.
8. Upload malicious code or anything designed to damage or disable the Service or another user's device.
9. Resell, sublicense, or commercially exploit the Service without our written permission.

We reserve the right to investigate suspected violations and to suspend or terminate accounts that violate these rules.

7. People you add and "You Added" content

7.1 — "Official" entries are authored by the person themselves. When a connected user records a preference on their own Official Profile, that entry is theirs. You may not write to another user's Official Profile; a "Bump" is only an invitation for them to add or confirm a Pinch.

7.2 — "You Added" entries are visible only to you unless you explicitly share them through an available control. When you record a preference or note about another person, it begins private to your account. It does not change that person's Official Profile. You agree that "You Added" entries are your own private notes and do not represent statements of fact about the person they describe. Do not record false accusations, defamatory statements, sensitive third-party information you do not have a right to record, or special-category data about an identifiable third party without a lawful basis. D195 prohibits using these entries for launch cross-user or commercial preference processing.

We do not actively monitor "You Added" content. We may review it on a credible complaint, legal request, or safety report, and may respond — including by suspending, disclosing under lawful process, or removing entries — even though they are private to your account.

8. Connections, invites, circles, and visibility

Pinchly's sharing model is built around mutual connections:

• You can search for and invite another user to connect, or invite someone with a share link. They must accept before the connection is active.
• Until a connection is accepted, no preferences are exposed. Search results show identity cards only.
• An accepted connection allows a "Bump" request.
• Available visibility scopes may include Private (you only), Connections (your accepted connections), Circle (a private group you create), and Individual (a specific accepted connection). People and Circles are not Pinchly+ limits under D194.
• A Circle is a private, owner-only named group of your connections used as a share target; its name and membership are visible only to you.
• "You Added" entries are always Private (see §7.2).
• Birthday visibility is a separate, optional control, off by default (Privacy Policy §4.5).
• Retrieval and suggestions never override these scopes or reveal another person's private entries.

You are responsible for who you invite and accept. We do not verify the identity of other users.

9. Subscriptions, payments, and renewals

9.1 Free and paid tiers

Pinchly Basic includes effectively unlimited People, Connections, Circles, reminders, categories, and Places; up to 50 active Pinches owned by the account; 60 lifetime Voice Capture parses; and 60 lifetime Ask Pinchly retrievals. Archiving or deleting a Pinch opens Pinch capacity, and restoring an archived Pinch uses capacity. Archiving or deleting content does not restore a lifetime Voice or Ask use. Pinchly+ removes the Pinch and AI-use limits for genuine personal use, subject to fair-use, security, and anti-abuse controls.

We do not delete, hide, or change the visibility of content solely because a paid entitlement or introductory period ends. If an account returns to Basic with 50 or more active owned Pinches, existing content remains available, but creating or restoring another Pinch is frozen until the active-owned count is below 50 or Pinchly+ returns.

9.2 Payments handled by Apple

Paid subscriptions are sold through the Apple App Store and managed by Apple. Your payment is to Apple, not to KuhlApps, LLC. Apple's terms govern taxes, refunds, and disputed charges. We use RevenueCat to receive subscription-status information from Apple.

9.3 Auto-renewal disclosure (Apple §3.1.2(a))

• Title and length: Pinchly+ (also written "Pinchly Plus") — monthly or annual.
• Price: The current localized App Store price, total, and billing period displayed before purchase control. US launch reference prices are $6.99 per month and $47.99 per year. Any savings statement is calculated from the current localized monthly and annual prices and may differ by storefront.
• Payment is charged to your Apple Account at confirmation of purchase, except when Apple confirms a free introductory period; in that case the first charge occurs after the displayed free period unless you cancel beforehand.
• Subscriptions auto-renew unless auto-renew is turned off at least 24 hours before the end of the current period.
• Renewal is charged within 24 hours prior to the end of the current period.
• Manage or turn off auto-renewal in your Apple Account settings.
• No cancellation of the current subscription is allowed during the active period; cancellation takes effect at period end.

9.4 Pricing changes

We may change the price for new subscribers at any time. For an existing subscription, we give advance notice and the change does not take effect without your continued, informed action; Apple also provides its own price-increase consent flow.

9.5 Refunds

Refunds for App Store subscriptions are handled by Apple at reportaproblem.apple.com. We cannot issue refunds directly for App Store purchases.

9.6 Free trial offers

Pinchly may present an Apple App Store introductory offer after a person has successfully retrieved value from the Service. The current annual-product offer, when Apple says the account is eligible and the offer is available in that storefront, provides the store-displayed free period before annual billing.

• The introductory period begins only after you explicitly approve Apple's purchase sheet and Apple confirms the transaction. Merely seeing or dismissing the Pinchly offer does not start it.
• Nothing is due during a confirmed free introductory period. At its end, the subscription automatically renews at the full localized annual amount Apple displayed before approval unless you turn off auto-renewal beforehand.
• Apple determines eligibility, including prior introductory-offer use within the subscription group. Pinchly cannot promise another offer when Apple says an account is ineligible.
• Continue Free remains available. Declining or canceling the purchase sheet does not remove Basic access or discard the task you were doing.
• Cancel through your Apple Account. Turning off auto-renewal stops the next charge; Pinchly+ access normally continues through Apple's entitlement end date unless Apple reports a refund, revocation, or other earlier loss of entitlement.
• Content remains safe after lapse. The Basic create/restore rule in §9.1 applies without deleting, hiding, or changing the visibility of existing content.
• Paid and store-introductory use does not consume the Basic Voice or Ask lifetime allowances. Content deletion never restores a previously consumed Basic AI use.
• Trial access remains subject to the acceptable-use and anti-abuse rules in §§6 and 10.

Pinchly does not grant new subscription access through a separate developer-minted, no-card promotional trial. App Store and RevenueCat entitlement state control the offer, purchase, renewal, restoration, cancellation, and lapse lifecycle described here.

10. Service availability and changes

We work to keep Pinchly running but do not guarantee uninterrupted availability. We may modify, add, or remove features; perform maintenance; and adjust limits and quotas (with notice for material changes affecting existing subscribers). We will not materially reduce paid features in a way that removes what you bought without offering a way to cancel and obtain a pro-rata refund through Apple where applicable.

11. Intellectual property and reports

The Pinchly name, logo, app design, software, documentation, and other company-created materials are owned by KuhlApps, LLC and its licensors. Nothing in these Terms grants you a license to our trademarks or branding. Your Content remains yours under §5.

If you believe content on Pinchly infringes your copyright, send a DMCA notice to support@kuhlapps.com with the required elements. We respond consistent with the U.S. DMCA and similar laws.

12. Third-party services

Pinchly relies on third-party services to operate (see Privacy Policy §7). Your use of those services through Pinchly is also subject to their terms where applicable — most notably Apple's terms for the App Store and in-app purchases. We are not responsible for third-party services we do not control, except as required by law.

13. Suspension and termination

By you. You may terminate your account at any time in Settings → Privacy → Delete my data, or by emailing support@kuhlapps.com. Deletion follows Privacy Policy §9.

By us. We may suspend or terminate your account, with or without notice, for violations, risk or legal exposure, legal requirement, or if we discontinue the Service.

Effect. On termination, your right to use the Service ends. Provisions that by their nature should survive (including responsibility for prior conduct, intellectual property, disclaimers, liability limits, dispute resolution, and miscellaneous terms) survive.

14. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. Automated structuring, retrieval, and suggestions may be incomplete or inaccurate and should be checked before you rely on them.

We do not warrant that the Service will be uninterrupted, secure, or error-free. You use the Service at your own risk. Some jurisdictions do not allow certain exclusions; there, the above apply to the maximum extent permitted.

15. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, KUHLAPPS, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL.

OUR TOTAL LIABILITY WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

These limits apply on an aggregate basis and even if a limited remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations; there, our liability is limited to the greatest extent permitted.

15A. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless KuhlApps, LLC and its officers, directors, employees, and agents from and against third-party claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Your Content — including any claim by a person about whom you recorded an entry that the content is defamatory, invades privacy, or is otherwise unlawful; (b) your violation of these Terms; or (c) your violation of any law or of a third party's rights.

We will notify you of any such claim (a failure to notify does not relieve your obligations except to the extent you are actually prejudiced by it), and we may assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense. This section does not apply to the extent a claim arises from our own breach of these Terms, our negligence, or our willful misconduct, and nothing in it limits any consumer right that cannot be waived by contract.

16. Dispute resolution — informal resolution, arbitration, class action waiver

Read this section carefully. It affects how disputes are resolved.

16.1 Informal resolution. Before a formal claim, email support@kuhlapps.com with the dispute and the resolution you seek. We will try in good faith to resolve it within 60 days.

16.2 Binding individual arbitration. If informal resolution fails, any dispute will be resolved by binding individual arbitration administered by the AAA under its Consumer Arbitration Rules, in English, except as below. You and KuhlApps, LLC each waive trial by jury.

16.3 Small-claims carve-out. Either party may bring an individual claim in small-claims court with jurisdiction, in lieu of arbitration.

16.4 Class action waiver. Disputes are resolved on an individual basis. Class actions, class arbitrations, and representative actions are not permitted. If this waiver is unenforceable, the rest of this arbitration section is unenforceable too, and that claim is heard in court.

16.5 30-day opt-out. You may opt out of arbitration within 30 days of first accepting these Terms by emailing support@kuhlapps.com with subject "Arbitration Opt-Out" and your account email.

16.6 Exceptions. Either party may seek injunctive relief in court for intellectual-property infringement, misuse of confidential information, or violation of §6.

16.7 Coordinated filings (mass arbitration). If twenty-five (25) or more arbitration demands raising similar claims are filed against KuhlApps, LLC by the same or coordinated counsel or organizations, the demands will be administered under the AAA's Mass Arbitration Supplementary Rules, and you and we agree to this staged process: (a) the AAA will first administer a set of up to ten (10) bellwether arbitrations — half selected by the claimants' side, half by us — while the remaining demands are held in abeyance with their filing fees deferred; (b) after the bellwether awards, the parties will participate in a sixty (60)-day global mediation informed by those results; (c) if claims remain unresolved, further staged sets proceed in the same manner. Applicable statutes of limitations and fee obligations are tolled for demands held in abeyance. A court of competent jurisdiction may enforce this subsection. If this subsection is found unenforceable as to a demand, that demand proceeds individually under §16.2. This subsection does not affect §16.3 (small claims) or §16.5 (opt-out).

17. Governing law and venue

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law rules. For matters not subject to arbitration under §16, you and we consent to the exclusive jurisdiction of the state and federal courts in New Castle County, Delaware.

If you are a consumer in the EEA, the UK, or another jurisdiction where consumer-protection law gives you the right to bring claims in your home courts under your local law, nothing here overrides that right.

18. Changes to these Terms

We may update these Terms. The "Last updated" date reflects the most recent change. For material changes, we notify you in-app and by email at least 14 days before the change takes effect. Continued use after the change constitutes acceptance.

If you do not accept a material change, your remedy is to stop using the Service and delete your account before it takes effect. We refund the unused portion of a paid subscription if the change materially reduces what you paid for, processed through Apple where applicable.

Prior versions are archived at pinchly.app/terms/changelog.

v3.0 approved source — amended 2026-08-07 under D221. The Basic contract is 50 active owned Pinches plus 60 lifetime Voice and 60 lifetime Ask uses. The former developer-minted no-card trial is retired; any introductory period is an explicit App Store annual-subscription purchase governed by Apple's eligibility and localized renewal terms. The D195 private-memory-only launch boundary and D108/D196 AI Legal/Privacy posture remain unchanged. Publication and assent remain blocked until live-version, support, vendor, sandbox, and AAA evidence pass.

v2.1 / v2.0 — 2026-07-02 / 2026-06-26. Launch finalization; Circles, birthday visibility, Apple auto-renewal disclosures, arbitration. See prior archive.

19. Miscellaneous

• Entire agreement. These Terms and the Privacy Policy are the entire agreement regarding the Service and supersede prior agreements.
• No waiver. Failure to enforce a right is not a waiver.
• Severability. If a provision is unenforceable, the rest remain in effect.
• Assignment. You may not assign these Terms without our consent. We may assign them to an affiliate or in a merger or sale.
• Apple-specific. Apple is a third-party beneficiary of these Terms with respect to your use of Pinchly on Apple devices and may enforce them against you.
• Headings. For convenience only.
• Contact. support@kuhlapps.com.

These Terms were drafted by Pinchly's internal AI Legal/Privacy Advisor under D108/D196 and approved in content by the CEO on 2026-08-02. The AI is not a licensed attorney and this review does not create attorney-client privilege. Publication is a separate evidence gate.