Terms of Service and Portal Rules of Use

Last update date: 02.10.2026

§ 1 General Provisions

  1. These Terms of Service set out the rules for using the online service available at wink3r.com (hereinafter referred to as the "Service", "Platform", "Wink3r" or "Wink3r.com"), including the rules for the provision of electronic services.

  2. The service provider and administrator of the Service is: MSLang Mateusz Sójka, NIP: 9571188929, REGON: 541911040, address: ul. Wały Piastowskie 1/1508, 80-855 Gdańsk, Poland (hereinafter referred to as the "Service Provider", "Administrator" or "we").

  3. Wink3r.com is a social-dating platform intended exclusively for adults, i.e. persons who have reached the age of 18 and have full legal capacity. Use of the Service by persons under 18 or legally incapacitated is prohibited and constitutes a violation of these Terms of Service.

  4. These Terms of Service constitute an agreement for the provision of electronic services concluded between the Service Provider and the User. Acceptance of the Terms of Service occurs by checking the appropriate checkbox during account registration or by continuing to use the Service after becoming familiar with the Terms of Service.

  5. The basic version of the Service is completely free and allows the use of most features (creating and editing a profile, browsing other Users' profiles, sending and receiving messages). The Service may also offer optional extra features unlocked with Winks, an internal points system described in § 7. Winks are not a paid service in money and do not replace or limit the free basic version of the Service. The Service Provider reserves the right to introduce paid features, subscriptions or premium packages in the future (e.g. profile highlighting, ad-free experience, new sections for premium users). Detailed terms of paid services and the price list will be made available to Users before activation in the dedicated section of the Service or in separate provisions of the Terms of Service. The introduction of paid options does not limit access to the free basic version of the Service.

  6. Definitions of key terms used in the Terms of Service:

    User - a natural person who has reached the age of 18 and has full legal capacity, who has registered an Account in the Service or uses it to the extent available without registration.

    Account - an individual User profile in the Service.

    Content - any data, information, photos, videos, messages, comments and other materials posted by the User in the Service.

    Service - services provided by the Service Provider through the Service, in particular the ability to create a profile, browse other Users' profiles, send messages, and host private and public photo galleries.

    Winks - internal points of the Service, credited mainly for watching advertisements and spendable only on optional extra features. They are not virtual money. The rules are set out in § 7.

  7. The Terms of Service are available in Polish and in other languages in which the Service is offered. In the event of any discrepancies between language versions, the Polish version is binding and authoritative.

§ 2 Registration and User Account

Registration of an account is voluntary but necessary to use most of the Service's features (including creating and editing a profile, sending and receiving messages as well as viewing detailed profiles of other Users).

  1. To register an Account, the User must:

    • provide a valid e-mail address
    • set a password meeting minimum security requirements (minimum 8 characters, at least one uppercase letter, lowercase letter, number and special character)
    • provide a date of birth confirming that they are 18 years of age or older
    • check the mandatory checkboxes with the following content:
      • "I accept the Wink3r.com Terms of Service"
      • "I have read the Privacy Policy and accept the rules for processing my personal data"
      • "I confirm that I am 18 years of age or older and am an adult"

    Checking the checkboxes is mandatory - registration will not be completed without them.

  2. After completing the registration form, the User will receive a verification link at the provided e-mail address. Clicking the link activates the Account. Failure to verify within 7 days will result in automatic deletion of the inactive account.

  3. One natural person may have only one Account. Creating multiple accounts (multi-accounts), including using different e-mail addresses or devices, is prohibited and constitutes a violation of the Terms of Service.

  4. The User bears full responsibility for the accuracy, currency and completeness of the data provided and for the security of their password and Account.

  5. It is prohibited to share login details (e-mail + password) with third parties or to log in to someone else's Account.

  6. In the event of suspected breach of Account security (e.g. unauthorised login, password leak), the User is obliged to immediately change the password and notify the Service Provider at [email protected].

  7. The User may delete their Account at any time using the function available in the profile settings. Account deletion is irreversible and results in the permanent deletion of all personal data in accordance with the deadlines set out in the Privacy Policy (usually 30 days for the deletion of backups and system logs), including the loss of Winks as set out in § 7. Exceptions include report files and copies of Content removed due to a report, which § 5 and the Privacy Policy require to be stored for 6 months. If the User consents to an optional e-mail alert about more people nearby, that e-mail address, city and selected genders may be kept after Account deletion or deactivation in accordance with the Privacy Policy, until consent is withdrawn.

  8. The User may temporarily deactivate the Account in the profile settings. Deactivation hides the profile from other Users but does not delete the Account, its data or the Winks balance. The User may reactivate the Account later. Permanent deletion is described in point 7 and in § 6.

§ 3 Rules for Using the Service

  1. The User undertakes to use the Service only in accordance with Polish law, European Union law and these Terms of Service.

  2. A User who posts Content in the Service declares that:

    • all people appearing in the materials are 18 years of age or older
    • they have the consent of all visible persons to record and disseminate their image
    • the Content does not violate the law (in particular, it does not contain content prohibited by Art. 202 of the Polish Criminal Code)

  3. It is prohibited to post, transmit, share or otherwise disseminate Content that:

    • violates the law, in particular criminal, civil or administrative law
    • contains violence, criminal threats, incitement to hatred, discrimination on the grounds of gender, sexual orientation, gender identity, ethnic origin, disability or political views
    • constitutes harassment, stalking, molestation, blackmail or threats against other Users or third parties
    • consists of materials generated using generative artificial intelligence tools or manually created/edited graphics that do not constitute an acceptable form of photo or video retouching
    • disclose personal data of other persons without their consent (first and last name, address, telephone number, e-mail, social media profile, exact location, etc.)
    • promote or facilitate prostitution, human trafficking, escort services or commercial sugar daddy/sugar baby arrangements
    • violate Polish law on the dissemination of pornography (in particular - content involving minors, violence, zoophilia, necrophilia, incest - absolute prohibition in any form and in any part of the Service)
    • contain external links, in particular spam, advertisements for other dating, cam, escort, affiliate, scam or phishing sites, viruses, malware, bots, automatic scripts, scraping tools or other harmful software
    • infringe third-party intellectual property rights (e.g. someone else's photos, videos, music without a licence)
    • impersonate another person, including the creation of fake profiles (catfishing) for the purpose of fraud, extortion of money, intimate photos or other benefits
    • promote or glorify self-harm, suicide, eating disorders or substance use in a dangerous manner

  4. It is also prohibited to:

    • create multiple Accounts (multi-accounts), including using different e-mail addresses or devices
    • share your Account or login details with other persons
    • use automated actions (bots, scripts) to send messages, like, browse profiles
    • send mass identical or similar messages (spam)
    • attempt to gain unauthorised access to the Service, other Users' accounts, databases or source code
    • use the Service for commercial purposes without the express consent of the Service Provider

  5. Pornographic and erotic content:

    • Erotic and pornographic content is permitted in public areas of the Service (including the public feed, public posts, public galleries and public profile descriptions), subject to the remaining provisions of these Terms of Service and applicable law (in particular the absolute prohibitions in § 3 point 3).
    • Users who have not completed age verification see such content blurred and cannot reveal it. A third-party technical age check unlocks the unblurred view. That check is not a payment and is not a government identity document or regulated proof of age. Providers and methods are described in the Privacy Policy.
    • The landing age confirmation (checkbox / cookie) remains a self-declaration that the User is 18 or older and is not regulated proof of age.
    • Profile pictures (avatars) may not contain pornographic or otherwise unsafe content; such avatars are rejected, not blurred.
    • Private messages (chat) remain visible only to the participants of the conversation.
    • Swingers club chat (map chat) is a room chat: other age-verified participants in that room can see a message for 10 minutes. It is not private 1:1 correspondence. The Service Provider keeps a server copy of those messages for 30 days in order to fulfil legal duties (in particular the DSA and requests from competent authorities) and to review reports and abuse. Only administrators can access that copy. After 30 days the copy is deleted automatically. Room participants cannot recover history older than 10 minutes.

§ 4 Rights and Obligations of the Service Provider

  1. The Service Provider undertakes to provide the Services with due diligence, but does not guarantee continuity, reliability or the absence of errors in the operation of the Service.

  2. The Service Provider has the right (but not the obligation) to:

    • moderate, edit, hide, move to private sections or delete any Content posted by the User, in particular if it violates the Terms of Service, the law or good morals
    • verify the User's age, the accuracy of data and compliance of Content with the Terms of Service (including requesting documents confirming identity and age in the event of justified suspicions that the User is under 18)
    • change, add, remove or limit the functions of the Service (including introducing paid premium options) without prior notice, provided that this does not materially affect the existing rights of Users
    • introduce, modify or remove limits on the use of the free version (e.g. frequency of ad display, number of free messages)
    • refuse registration, block or delete a User's Account in the cases specified in the Terms of Service - including immediately and without prior warning in the case of flagrant violations
    • disclose User data to law enforcement agencies, courts or other authorised entities in the event of suspected commission of a crime or violation of the law

  3. The Service Provider is not obliged to:

    • actively monitor, check or control Content posted by Users before its publication
    • store copies of deleted Content after the period necessary to achieve the purposes of processing (for a report that period is 6 months, § 5 and the Privacy Policy)
    • intervene in disputes between Users
    • ensure that the Service is free from DDoS attacks, scammers, viruses or other external threats
    • restore a deleted Account or Content after the deletion procedure has been completed

  4. The decision to block or delete an Account is final and not subject to appeal in the case of flagrant violations (in particular: violation of Polish or EU law, including paedophilia, criminal threats, violence, human trafficking, disclosure of personal data for the purpose of harassment, fraud). In other cases, the User may submit explanations to [email protected]. The Service Provider will consider them immediately, no later than within 30 days.

  5. The Service Provider reserves the right to temporarily restrict or suspend access to the Service for maintenance, updates or fault repair - where possible, it will inform Users in advance via notification in Service or e-mail.

  6. In the event of material changes to the Services or the Terms of Service, the Service Provider will inform Users in accordance with the provisions of § 10.

§ 5 Reporting content

  1. The User may report Content that violates the Terms of Service or the law. The report is submitted within the Service. A person without an Account may report a violation on the contact page by providing an email address and screenshots or other additional visual materials. Reporting the same Content that already has an open case does not open a second case.

  2. The Service Provider reviews the report and may, in particular, remove or restrict the Content or block the author's Account. The Service Provider notifies the reporter of the decision and, if the decision restricts the author, also the author. The notification specifies the case number and the reasons for the decision. In the email accompanying each decision, the Service Provider provides information on the free appeal process, the right to lodge a complaint with the President of the Office of Electronic Communications, and the possibility of referring the matter to a certified out-of-court dispute settlement body or to a court.

  3. The author of the Content subject to the decision may submit a free appeal on the case page within the Service within 6 months of receiving the notification. A reporter who has an Account may submit a free complaint against the decision on the same page within the same period. A person without an Account submits such a request via the contact page. Granting the appeal may restore the Content removed in that case. In a case conducted as a report, the appeal is submitted as described in this paragraph. It is not replaced by the explanation referred to in § 4 item 4.

  4. Item 3 does not apply to a hard ban or other decisions that, according to § 4 item 4 and § 6 item 4, are final and not subject to appeal. In such cases, the Service Provider may forward the information to authorized authorities.

  5. For a period of 6 months from the date of the decision, the Service Provider stores the report files and a copy of the Content removed due to that report.

    • The files include the case number, reason, description, photos attached to the report, appeals or complaints, a screenshot of the reported Content, the content of notifications, and information regarding who made the report and who the report concerns. A person without an Account is identified by the email address provided in the report.
    • The copy of the Content removed due to a report serves to restore that Content if the appeal is granted, as well as to justify the decision. The copy may include a post, comment, gallery item, profile picture, profile description, or name, as well as data needed for restoration, including comments and reactions.
    • A report about a chat message does not delete that message. In that case the Service Provider may block the Account or apply another sanction from this section.
    • Full files are visible exclusively to individuals with administrator privileges. Parties to the case see their own notifications on the case page. Photos in cases involving child sexual exploitation are not shown to the parties.
    • An unresolved case is stored until a decision is made, and the 6-month period is calculated from the day the decision is issued. After 6 months, the Service Provider deletes the files and this copy. If an appeal or complaint against the decision is still unresolved at the time this period expires, the Service Provider deletes this data after that review process is completed.
    • Deleting the Account does not shorten this period. The data is stored for reference; however, it can no longer be restored after the account is deleted.
    • This period does not apply to Content deleted by the User themselves, nor to the 30-day backup copy of the swingers club chat described in § 3 item 5.

  6. The Privacy Policy sets out the details of processing data from reports.

§ 6 Account Blocking and Deletion

  1. The Service Provider has the right to block access to the Account or permanently delete it in the following cases:

    • flagrant or repeated violation of the Terms of Service (in particular § 3 points 2 and 3)
    • suspicion that the User has not reached the age of 18
    • suspicion of committing a crime (criminal threats, stalking, harassment, human trafficking, fraud, disclosure of personal data to harm others)
    • creation of multi-accounts or sharing the Account with third parties
    • use of bots, automatic scripts or other tools that violate fair use of the Service
    • actions aimed at fraud, extortion, scam or other activities harmful to other Users
    • posting Content prohibited by Polish or EU law (in particular paedophilic, zoophilic, necrophilic, incestuous or violent content)
    • other behaviour which, in the Service Provider's opinion, threatens the security, reputation or proper functioning of the Service

  2. In the case of flagrant violations blocking or deletion of the Account occurs immediately and without prior warning.

  3. In the case of less serious violations, the Service Provider may first issue a warning, a temporary block (e.g. for 1 hour or 7 days) or restriction of functions (e.g. inability to interact with other users). Repetition of the violation after a warning may result in permanent deletion of the Account.

  4. The decision to block or delete an Account is final and not subject to appeal in cases of flagrant violations and in situations where there is a risk of further threat to other Users or the Service.

  5. In other cases, the User may submit written explanations to [email protected] within 7 days of receiving information about the block. The Service Provider will consider the explanations within 14 working days and may - at its own discretion - restore the Account or uphold the decision.

  6. Deletion of the Account results in the permanent deletion of all associated personal data in accordance with the Privacy Policy (within 30 days for the deletion of backups and system logs), except for the report file and the copy of Content removed because of a report (§ 5), and except for data that the Service Provider is legally obliged to retain.

    • the history of private messages with the blocked account remains visible to the other conversation participants under the pseudonym "Deleted account" (it is not possible to send new messages to the blocked account)
    • photos and videos attached in conversations will be deleted together with the account and all its other Content
    • Winks and the Winks ledger associated with the Account are lost and cannot be restored, transferred or paid out (§ 7)

  7. Account blocking may take one of two forms:

    • Ban - the User can log in and browse other users' accounts and received messages, but cannot engage in any interactions with others (send messages, comment, add Content, reply to messages, start new conversations, react to posts, etc.).
    • Hard Ban - prevents logging into the Account.

    In both cases:

    • the profile and posts are hidden from search results, rankings, suggestions and other public sections
    • User Content is hidden in all sections and is also invisible to winkers (friends)
    • where the profile remains visible (e.g. in another User's conversation history or visitors history), the username is marked "ban" or "hard ban"
    • the history of private messages with the blocked account remains visible to the other conversation participants

  8. A deleted or blocked Account (including one subject to a hard ban) cannot be restored by the User themselves, before the ban release time. The Service Provider reserves the right to refuse registration of a new Account or to delete a newly created Account if it determines that it was created to circumvent a previous block or deletion.

§ 7 Winks (internal points system)

  1. Winks are an internal points system of the Service. The User earns them primarily by watching advertisements displayed in the Service. Video advertisements grant Winks only while the video actually plays - only whole seconds count. Pausing, closing or skipping the advertisement does not grant Winks for the unwatched part. Other ad formats indicated in the Service (for example banners) may grant Winks after a completed view. The number of Winks credited depends on factors displayed in the Service, including in particular the type of advertisement, actual playback or view progress, and whether the advertisement matches advertising categories selected by the User. Safe-for-work advertisements may be shown without granting Winks. Earning Winks requires an active Account, the display of an advertisement and fulfillment of other conditions shown in the Service (including age verification). Winks are recorded in the Service's ledger after the Service confirms the relevant session - they are not a claim against the advertising network.

    Winks are not money, currency, electronic money within the meaning of the Polish Payment Services Act, a payment instrument, a voucher redeemable for cash, a financial instrument, or a stake or prize in a game of chance. They have no cash value, cannot be exchanged for money or for goods or services outside the Service, cannot be withdrawn, sold, gifted, inherited as money or transferred to another User or Account, and do not create a claim for payment against the Service Provider. Winks do not expire for as long as the Account exists.

  2. Winks may be spent only on optional extra features of the Service. At the date these provisions enter into force, those features include in particular:

    • instant reveal of a hidden profile viewer (without watching an advertisement for that reveal)
    • promoting a message and conversation to the top of the recipient's inbox (highlighted until the recipient reads it)

    The Service Provider may change earning rates, the catalogue of features paid for with Winks, and the Wink cost of those features at any time. The current cost is displayed in the Service before the User confirms the spend. A change of rates or costs is not in itself an amendment of these Terms of Service (amendments of the Terms follow § 10). Winks already spent are not refunded because a later cost is lower or a feature is withdrawn. Unused Winks remain on the Account and do not expire.

  3. If the Account is permanently deleted by the User or by the Service Provider (including after a block), the Winks balance and the related ledger are lost and are not restored, transferred or paid out. A User who wishes to disappear from the Service without losing the Account or Winks may deactivate the Account in the profile settings - deactivation hides the profile while preserving the Account, its data and the Winks balance until reactivation or later deletion.

    The Service Provider stores logs of Winks transactions (grants, spends, related sessions and timestamps) in order to operate the system, review complaints and prevent abuse, in accordance with the Privacy Policy.

    Complaints about missing or incorrectly credited Winks are submitted under § 9. In addition to the information required there, the User should state the date and time of the incident, a description of what happened, and attach screenshots or other materials if they have any. Anonymous or incomplete complaints may remain unprocessed. The Service Provider will compare the complaint with the stored logs.

  4. Winks are entirely optional and passive in relation to the Account. They do not replace, restrict or alter the basic free Service described in § 1 point 5; they only grant additional, optional features. Refusal to watch advertisements or to use Winks does not reduce access to the basic functions of the Service (creating and editing a profile, browsing other Users' profiles, sending and receiving messages), subject to the remaining provisions of these Terms of Service.

    A User who does not accept the Winks mechanism may delete the Account at any time, without fees or contractual penalties. Deletion has the effects set out in § 6 and the Privacy Policy, including the loss of Winks described in point 3 of this section.

    If the Service Provider has evidence that the User obtained or attempted to obtain Winks, or used features paid for with Winks, through malicious or unfair practices (in particular bots, automated scripts, hacking or other circumvention of technical protections, manipulation of advertisements or of the ledger, or multi-accounting), the Service Provider may correct, reduce or cancel the Winks balance and related spends, and may apply the measures in § 6. The User may submit a complaint against such a decision under § 9.

§ 8 Service Provider's Liability

  1. The Service Provider provides the Services "as is" and gives no warranties or guarantees as to:

    • continuity, availability, reliability or absence of errors in the operation of the Service
    • meeting the User's expectations regarding quality, usefulness, security or results of using the Service
    • absence of viruses, errors, hacking attacks, failures or other external threats
    • truthfulness, currency, completeness or legality of Content posted by other Users

  2. The Service Provider shall not be liable for:

    • damage resulting from the use of the Service, including loss of data, profits, reputation, business opportunities or other intangible benefits
    • content, behaviour, fraud, harassment, threats or other actions of other Users
    • disputes between Users, including claims related to Content, messages, offline meetings or relationships formed through the Service
    • actions of law enforcement agencies, courts or other entities authorised to request data or block an Account
    • damage resulting from the use of external links, advertisements or third-party services (including the ExoClick advertising network)

  3. The limitations and exclusions of liability set out in this section shall not apply in the case of wilful misconduct or gross negligence on the part of the Service Provider, or to the extent that it would be contrary to mandatory provisions of law (in particular with regard to consumers).

  4. The User acknowledges that the Service is of a dating and social nature and that the Service Provider is not liable for the consequences of offline meetings, interpersonal relationships or decisions made on the basis of information obtained in the Service.

§ 9 Complaints

  1. A User who is a consumer has the right to lodge complaints regarding improper provision of Services, non-compliance of the Service with the Terms of Service, or the Winks mechanism (§ 7).

  2. A complaint should be submitted in writing in one of the following ways:

    • e-mail: [email protected]
    • by post: MSLang Mateusz Sójka, ul. WaÅ‚y Piastowskie 1/1508, 80-855 GdaÅ„sk, Poland, with the note "Complaint"

  3. The complaint must contain at least:

    • the User's first and last name
    • the e-mail address associated with the Account
    • a precise description of the problem / non-compliance
    • the date and circumstances of the incident
    • materials related to the incident (e.g. screenshots, if available)
    • the User's demand (e.g. lifting of the ban, compensation)

    Anonymous or incomplete complaints may remain unprocessed.

  4. The Service Provider will consider the complaint within 14 days of receipt. In particularly complex cases, the deadline may be extended to 30 days - the User will be informed of this.

  5. The response to the complaint will be sent to the e-mail address provided in the complaint or to the e-mail address associated with the Account.

  6. In the event that the complaint is not upheld, the User has the right to:

    • use out-of-court dispute resolution methods, in particular:
      • mediation or arbitration through the Consumer Ombudsman or the Provincial Inspectorate of Trade Inspection
      • the European Commission's ODR platform: https://ec.europa.eu/odr
    • refer the matter to the competent common court according to the consumer's place of residence

  7. The Service Provider shall not be liable for damage resulting from the rejection of a complaint if the decision was justified by law or the Terms of Service.

§ 10 Final Provisions

  1. The law applicable to these Terms of Service and any disputes arising from the use of the Service is Polish law.

  2. The court competent to hear disputes between the Service Provider and a User who is not a consumer is the court competent for the Service Provider's registered office (district or regional court in Gdańsk).

  3. In the case of a User who is a consumer, the competent court is the court according to the general rules of the Code of Civil Procedure (place of residence of the consumer) or - if the User chooses - the court competent for the Service Provider's registered office.

  4. In matters not regulated by these Terms of Service, the following provisions shall apply:

    • the Civil Code
    • the Act on the Provision of Electronic Services
    • the Act on Consumer Rights
    • Regulation (EU) 2016/679 (GDPR)
    • the Digital Services Act (DSA)
    • other generally applicable provisions of Polish and EU law

  5. The Service Provider reserves the right to amend the Terms of Service. Users will be informed of any change at least 14 days before the changes come into effect by means of:

    • an in-Service notification
    • in the case of material changes - additionally an e-mail to the address associated with the Account

  6. Continued use of the Service after the new version of the Terms of Service comes into effect constitutes acceptance of the changes. If the User does not accept the changes, they have the right to delete the Account before the new version comes into effect.

  7. The current version of the Terms of Service is always available at: wink3r.com/terms

  8. These Terms of Service enter into force on 02.10.2026 and supersede all previous versions.