Terms of Service

Version 2.2 · Effective May 3, 2026 · Last updated May 3, 2026

1. Acceptance

These Terms of Service (the “Terms”) form a binding agreement between you and TECHBAY SARL-AU, a société à responsabilité limitée à associé unique (SARL-AU) organised under the laws of the Kingdom of Morocco, with registered office at Bureau 842-4, 4ème étage, Imm 8 Khalij Ennakhil Founty, Agadir, Kingdom of Morocco, doing business as “Told.” (“Told,” “we,” “us,” or “our”), governing your access to and use of the Told mobile application, the website at told.pnkyx.com, and any related features or services (together, the “App”). By creating an account, downloading, accessing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the App.

2. Virtual Currency Notice

3. Definitions

• Cred — the in-app virtual game point used in Told. Cred has no monetary value, cannot be cashed out, and cannot be exchanged for real currency, goods, or services.
• Earned Cred — Cred you receive from gameplay (initial signup grant, weekly refills, or rewards from resolved predictions).
• Purchased Cred — Cred you receive from an Apple In-App Purchase of a Cred Pack.
• User Content — any predictions, comments, usernames, profile text, or other content you submit through the App.
• Told Pro — the paid auto-renewable subscription described in Section 8.
• Cred Pack — a one-time consumable Apple In-App Purchase that adds Purchased Cred to your balance.

4. Eligibility

You must be at least 13 years old to use the App. By using the App, you represent and warrant that (a) you are at least 13 years old; (b) you are not barred from using the App under any applicable law; (c) you are not located in, ordinarily resident in, or organised under the laws of, any jurisdiction subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (d) you are not listed on any U.S. Government list of prohibited or restricted parties (including the Specially Designated Nationals list).

If you are under the age of majority in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

5. Account

You may create an account using Sign in with Apple or Google Sign-In. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate information and to keep it current. You may opt in to push notifications during onboarding or in iOS Settings; you may revoke push consent at any time in iOS Settings → Notifications → Told.

You may delete your account at any time through Settings → Delete Account. Deletion is permanent and, except as described in our Privacy Policy, cannot be reversed.

6. Acceptable Use

You agree not to (and not to attempt or assist others to):

• Use the App for any unlawful purpose, or in violation of any applicable U.S. federal, state, or local law, or any law of any other jurisdiction in which you use the App;
• Post content that is hateful, harassing, defamatory, threatening, sexually explicit, child sexual abuse material, that promotes self-harm or violence, or that violates the rights of others;
• Manipulate prediction outcomes, Cred balances, leaderboard positions, or community resolution votes — including, by way of example only: coordinated mass-staking, sybil voting from multiple accounts, false-flagging predictions for resolution, off-platform agreements to influence outcomes, or sharing accounts to evade limits;
• Create or use multiple accounts to circumvent Cred limits, bans, suspensions, or other Told enforcement actions;
• Use automated tools, bots, scrapers, or scripts to interact with the App, or to harvest data from the App;
• Reverse-engineer, decompile, disassemble, or attempt to derive the source code of the App, except to the extent applicable law expressly permits despite this limitation;
• Probe, scan, or test the vulnerability of the App; bypass any security or access-control measures; or interfere with or disrupt the App or its infrastructure;
• Use the App, predictions, challenges, or Cred outcomes to facilitate, arrange, or imply any real-money transaction, exchange, debt, settlement, wager, or bet between users; advertise that Cred has real-world monetary value; or attempt to convert Cred to real money or any other thing of value;
• Use the App in a way that imposes an unreasonable burden on our infrastructure or that exceeds rate limits we publish from time to time;
• Infringe or misappropriate the intellectual property rights of Told or any third party.

We may investigate and respond to suspected violations using any lawful means.

7. User Content

You retain ownership of the User Content you create. By submitting User Content, you grant Told and its successors a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable, and transferable license to host, store, reproduce, display, publish, modify, adapt, translate, create derivative works of, distribute, and publicly perform your User Content for the purposes of operating, providing, improving, marketing, and promoting the App (including share cards, leaderboards, and embedded references in other users’ resolved predictions). You also grant each other user a non-exclusive license to access your User Content through the App and to use it as permitted by the functionality of the App.

This license terminates when you remove your User Content or delete your account, except that the license survives on a non-exclusive basis solely to the extent your User Content has been incorporated into other users’ resolved predictions, leaderboards, share cards already distributed outside the App, or backups maintained for routine business continuity, and to the extent reasonably necessary to comply with legal obligations or to defend legal claims.

You represent and warrant that you own or have the necessary rights, licences, and permissions to grant the licence above and that your User Content does not violate any third-party rights or applicable law.

Moderation. All User Content is subject to automated and human review for safety and policy compliance. We may remove or restrict User Content that violates these Terms or our content policies, with or without prior notice (except where applicable law — including, for recipients of the service in the European Union, Article 17 of the EU Digital Services Act (Regulation (EU) 2022/2065) — requires us to provide a statement of reasons, in which case we will provide it as required and on the timeline required). You can report inappropriate content using the in-app report feature; we will review reports promptly. If we restrict your User Content or your account, you have the right to appeal under Section 7A (EU recipients) and Section 20.

Feedback. If you submit ideas, feedback, or suggestions about the App (“Feedback”), you grant us an unrestricted, perpetual, irrevocable, royalty-free licence to use the Feedback for any purpose without any obligation to you.

7A. EU Digital Services Act — Content-Moderation Rights

This Section 7A applies to recipients of the service who are located in the European Union or the European Economic Area and supplements Section 7. It implements our obligations under Regulation (EU) 2022/2065 (the “DSA”).

Moderation policy. We moderate User Content using a combination of (a) automated systems (including machine-learning classifiers) for first-line screening of harassment, hate, threats, sexual content, child safety risks, and attempts to imply real-money settlement, and (b) human review of escalations and appeals. Automated decisions that meaningfully affect your account are reviewed by a human upon request as described below.

Statement of reasons (DSA Art 17). If we restrict the visibility of, demote, suspend, or remove specific items of your User Content, suspend or terminate the provision of the service to you, or suspend or terminate your account, we will give you a clear and specific statement of reasons in accordance with Article 17 of the DSA. Statements of reasons are also submitted to the European Commission’s DSA Transparency Database where required.

Internal complaint-handling (DSA Art 20). You may lodge a complaint against any moderation decision described above for at least six (6) months from the decision by emailing legal@pnkyx.com with the subject line “DSA Appeal”. Complaints are handled in a timely, non-discriminatory, diligent, and non-arbitrary manner under the supervision of qualified staff who were not the original decision-maker, and decisions on complaints are not based solely on automated means.

Out-of-court dispute settlement (DSA Art 21). Without prejudice to Section 17 (Arbitration) and to your right to bring proceedings before a court, you have the right to refer any dispute concerning a moderation decision to a certified out-of-court dispute settlement body in your Member State of residence. Such bodies are listed by national Digital Services Coordinators. Their decisions are not binding on us, but we will engage in good faith.

Notice and action (DSA Art 16). Anyone may submit a notice of allegedly illegal content or content otherwise violating these Terms by using the in-app report feature or by emailing legal@pnkyx.com. Notices should identify the specific content, its location, the alleged illegality and its legal basis (where relevant), and the notifier’s name and contact (except for content potentially involving the offences referred to in Articles 3 to 7 of Directive 2011/93/EU).

Trusted flaggers, misuse, and other DSA matters. We will give priority to notices from trusted flaggers awarded that status by national Digital Services Coordinators. We may suspend, for a reasonable time and after a prior warning, the processing of notices and complaints submitted by persons who frequently submit manifestly unfounded notices or complaints, and the provision of the service to recipients who frequently provide manifestly illegal content.

8. Cred & In-App Purchases

8.1 Cred

Cred is a virtual game point with zero monetary value. You receive Earned Cred at signup and through scheduled refills. Cred can be used only within the App to back predictions and to interact with App features. Cred cannot be cashed out, redeemed for goods or services, or exchanged for real currency. There is no real-money prize pool. Cred (whether Earned Cred or Purchased Cred) is not used in conjunction with real-money gaming of any kind.

Separate pools. Earned Cred and Purchased Cred are tracked separately. Earned Cred may expire on the schedule disclosed in the App. Purchased Cred (Cred you obtained through an Apple In-App Purchase) does not expire. When you spend Cred in the App, we deduct from your Earned Cred balance first and from your Purchased Cred balance second.

8.2 Told Pro — Auto-Renewable Subscription

Told Pro is a paid auto-renewable subscription sold exclusively through Apple In-App Purchase. Told Pro is offered on a Monthly and an Annual basis. There is no free trial. Told Pro provides additional weekly Cred and other benefits described in the App at the time of purchase.

• Title: Told Pro (Monthly or Annual).
• Length of subscription period: one calendar month or one calendar year, depending on the plan you select.
• Content / services per period: additional weekly Cred refill plus Pro-only features as described in the App.
• Price: the current price for each option is displayed in the App at the time of purchase and may vary by App Store storefront and currency. By confirming a purchase, you agree to the price shown by Apple at confirmation.
• Payment: payment will be charged to your Apple ID account at confirmation of purchase.
• Auto-renewal: your subscription renews automatically for the same period at the same price (subject to Apple’s price-change rules) unless auto-renewal is turned off at least 24 hours before the end of the current period.
• Renewal charge window: your account will be charged for renewal within 24 hours prior to the end of the current period.
• Managing & cancelling: you can manage and cancel your subscription in your Apple ID account settings on your device after purchase. No cancellation of the current subscription is allowed during the active subscription period; cancellation takes effect at the end of the current period.
• Cross-device: Told Pro is tied to your Apple ID and is available on all devices signed in to the same Apple ID.
• Refunds: Apple processes all refund requests for In-App Purchases. Visit reportaproblem.apple.com to request a refund. Told cannot directly refund Apple In-App Purchases.
• Apple terms: Apple’s terms and privacy policy for media services apply to your purchases and are available at apple.com/legal/internet-services/itunes/.
• EU consumers — right of withdrawal. If you are a consumer ordinarily resident in the European Union or the European Economic Area, the EU Consumer Rights Directive (2011/83/EU) gives you a 14-day right of withdrawal for distance contracts for digital content. By confirming a Told Pro purchase or a Cred Pack purchase you expressly consent to the immediate performance of the contract and acknowledge that, as a result, you lose your right of withdrawal as soon as Apple begins delivering the digital content (Article 16(m) of Directive 2011/83/EU). Apple will continue to handle eligible refund requests on a discretionary basis through the link above.

8.3 Cred Packs — Consumable In-App Purchases

Cred Packs are one-time consumable Apple In-App Purchases that add Purchased Cred to your balance. The amount of Cred and the price are displayed in the App at the time of purchase. Purchased Cred does not expire. Consumable Cred Packs are not restorable once consumed; the Restore Purchases function does not return spent Purchased Cred. Apple processes all refunds.

8.4 Restore Purchases

You may restore previous non-consumable purchases and active auto-renewable subscriptions via the Restore Purchases feature in Settings. Restore Purchases re-syncs your Told Pro entitlement and any non-consumable products tied to the Apple ID currently signed in to your device. Consumable Cred Packs are not restorable.

8.5 No real-money gaming

Apple In-App Purchases for Cred or Told Pro are not used in conjunction with real-money gaming, betting, lotteries, or wagering of any kind. We do not award real-money prizes, gift cards, merchandise, or other items of monetary value as a result of prediction outcomes. The App is not a gambling or sweepstakes application.

9. 1v1 Challenges

Users may challenge each other on predictions. Challenges are resolved within the App using Cred. Told does not facilitate, endorse, or require any real-world settlement, payment, debt, or exchange of value between users in connection with challenges or any other feature.

10. Payment Handles

You may optionally display third-party payment-service handles (such as Venmo, Cash App, or PayPal usernames) on your profile. These are user-configurable text fields, identical in purpose to a social-media bio link. Payment handles are displayed exclusively on a user’s Profile page and are never displayed alongside prediction outcomes, Cred outcomes, 1v1 challenge screens, win/loss screens, or any staking flow. Told does not process, facilitate, settle, or endorse any transactions through these handles, and you must not use them to settle bets, wagers, prediction outcomes, or other gambling-style obligations.

11. Prediction Resolution & Appeals

Predictions may be resolved through automated data sources (the Told Oracle), community consensus voting, or mutual confirmation (for certain 1v1 flows). We strive for accuracy but do not guarantee the correctness of any resolution.

Resolution decisions made by the system or community are presumptively final. We reserve the right to void, re-resolve, or cancel predictions where there is a reporting error, a disputed outcome, evidence of manipulation, or another good-faith reason. If a prediction is voided, Cred staked in that prediction is returned to participants on a pro-rata basis.

If you believe a resolution is wrong, email legal@pnkyx.com with the prediction link and a short explanation. We will review your appeal in good faith and notify you of the result. Resolutions or appeals may be subject to time limits described in the App.

12. Intellectual Property

The App, including its design, branding, source code, content (other than User Content), trademarks, service marks, and logos, is owned by Told or its licensors and is protected by copyright, trademark, and other laws. We grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use the App for non-commercial personal use, subject to these Terms.

You may not copy, modify, distribute, sell, lease, or create derivative works of any part of the App, except as expressly permitted by these Terms or by applicable law.

“Told.” and the Told marks are trademarks of TECHBAY SARL-AU. Apple, the Apple logo, App Store, and Sign in with Apple are trademarks of Apple Inc., registered in the United States and other countries and regions. Google, Google Sign-In, and the Google Play marks are trademarks of Google LLC. All other trademarks belong to their respective owners.

12A. Copyright Complaints (DMCA)

TECHBAY SARL-AU respects the intellectual property rights of others and complies with the U.S. Digital Millennium Copyright Act (17 U.S.C. §512).

Notices of claimed infringement. If you believe that User Content on the App infringes a copyright that you own or are authorised to enforce, please send a written notice to our designated agent containing the elements required by 17 U.S.C. §512(c)(3): (a) a physical or electronic signature of the copyright owner or a person authorised to act on their behalf; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing and information sufficient to permit us to locate it (such as a link to the prediction, comment, or profile); (d) your contact information (address, telephone number, and email); (e) a statement that you have a good-faith belief that the use of the material is not authorised by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.

Counter-notices. If you believe your User Content was removed or disabled by mistake or misidentification, you may send a written counter-notice containing the elements required by 17 U.S.C. §512(g)(3). On receiving a valid counter-notice we will follow the procedure in §512(g), which may result in restoration of the content unless the original complainant files a court action.

Designated agent. Send DMCA notices and counter-notices to: TECHBAY SARL-AU, DMCA Designated Agent, Bureau 842-4, 4ème étage, Imm 8 Khalij Ennakhil Founty, Agadir, Kingdom of Morocco; email dmca@pnkyx.com. Our designated agent is registered with the U.S. Copyright Office at copyright.gov/dmca-directory. The DMCA is a U.S. statute; we comply with it because the App’s hosting infrastructure (Supabase, Cloudflare) is located in the United States and to maintain the safe-harbor protections of 17 U.S.C. § 512.

Repeat-infringer policy. We will, in appropriate circumstances and at our discretion, terminate the accounts of users who are determined to be repeat infringers. Misrepresenting that material is infringing or was removed by mistake may subject you to liability for damages under 17 U.S.C. §512(f).

13. Privacy

Our collection, use, and disclosure of your personal data are described in our Privacy Policy, which is incorporated into these Terms by reference.

14. Disclaimers

To the maximum extent permitted by law, the App is provided “as is” and “as available” without warranties of any kind, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the App will be uninterrupted, error-free, secure, or free from viruses or other harmful components, or that any defects will be corrected. Any material downloaded or otherwise obtained through the App is accessed at your own discretion and risk.

Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions, the above exclusions may not apply to you, and you may have additional rights under applicable consumer-protection law.

15. Limitation of Liability

To the maximum extent permitted by law, in no event will Told, its affiliates, or their respective officers, directors, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, data, goodwill, or business opportunities, arising out of or related to your use of, or inability to use, the App, even if Told has been advised of the possibility of such damages.

To the maximum extent permitted by law, Told’s aggregate liability under or in connection with these Terms or the App will not exceed the greater of (a) one hundred U.S. dollars (USD 100) or (b) the amount you paid to Told (through Apple) in the twelve months preceding the event giving rise to the claim.

Nothing in this Section 15 limits or excludes liability that cannot be limited or excluded under applicable law (including liability for gross negligence, wilful misconduct, fraud, or for death or personal injury caused by negligence). The limitations in this Section 15 apply on an aggregate basis to all claims, regardless of the form of action.

16. Indemnification

You agree to indemnify, defend, and hold harmless Told, its affiliates, and their respective officers, directors, employees, contractors, and agents from and against any third-party claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the App in violation of these Terms; (b) your User Content; (c) your violation of these Terms or the documents they incorporate; (d) your violation of any law or the rights of any third party; or (e) any payment or settlement you arrange off-platform in connection with the App. This indemnity does not apply to the extent the claim arises from Told’s gross negligence, wilful misconduct, fraud, or violation of law. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defence of such claims. If you are a consumer in a jurisdiction that prohibits or limits a consumer’s indemnification of a business (for example, certain U.S. states and EU Member States), this Section applies only to the maximum extent permitted by your local law.

17. Dispute Resolution — Binding Arbitration & Class-Action Waiver

17.1 Informal resolution first

Before starting any formal proceeding, you and Told agree to try in good faith to resolve any dispute informally for at least 60 days. To start the informal process, send a written notice describing the dispute and requested relief to legal@pnkyx.com (for Told) or to your account email (for Told to you). Both parties will participate in a good-faith negotiation (telephone or video conference if requested). The 60-day period tolls any applicable statutes of limitations.

17.2 Binding arbitration

Except for the carve-outs in Section 17.5, all disputes between you and Told arising out of or relating to these Terms or the App (including their formation, performance, or breach, and including statutory, common-law, and equitable claims) will be resolved by final and binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures (or, if you elect, the JAMS Consumer Arbitration Rules — we will pay any difference in administrative fees). The arbitrator, not a court, has the exclusive authority to resolve any threshold issue of arbitrability, including whether the parties’ dispute is subject to arbitration and whether any portion of this Section is enforceable, except that a court may decide whether the class-action waiver in Section 17.4 is enforceable.

Seat and venue. The arbitration will be conducted in English by video conference unless the parties agree otherwise. If an in-person hearing is held, it will take place either (a) in your home city or county or (b) at the seat of arbitration described below, at your election. The seat of arbitration is Casablanca, Kingdom of Morocco; for a consumer ordinarily resident in the United States, the seat of arbitration is, at your election, your home county in the United States or Casablanca, Kingdom of Morocco.

Enforcement framework. For consumers ordinarily resident in the United States, the parties additionally agree that the U.S. Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., governs the validity, enforceability, and interpretation of this Section 17 (including the class-action waiver in Section 17.4). For all other consumers, this Section 17 is governed by the substantive law of the Kingdom of Morocco and is enforceable internationally under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958), to which Morocco has been a party since 1959. Judgment on the award may be entered in any court of competent jurisdiction.

17.3 Costs

Each party will pay its own legal fees and costs unless the arbitrator awards otherwise under applicable law. Told will pay arbitration filing and administrative fees that exceed the amount you would have paid to file a claim in court, except where the arbitrator determines that your claim was frivolous.

17.4 Class-action waiver

You and Told agree that any dispute will be brought solely in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate the claims of multiple persons or preside over any form of representative proceeding. If a court or arbitrator finds this class-action waiver unenforceable as to a particular claim or remedy, that claim or remedy (and only that claim or remedy) will be severed from arbitration and brought in court, with all other claims proceeding in arbitration.

17.5 Carve-outs

Either party may bring an individual action in small-claims court for disputes within that court’s jurisdiction. Either party may also bring suit in court to seek injunctive relief to protect intellectual-property rights, to enforce the acceptable-use restrictions in Section 6, or to prevent unauthorized access to or use of the App. Nothing in this Section prevents you from filing a complaint with a government agency.

17.6 Opt-out

You may opt out of this Section 17 (other than Section 17.5) by sending written notice to arbitration-optout@pnkyx.com with the subject line “Arbitration Opt-Out” within 30 days after first accepting these Terms or any subsequent material amendment to this Section. The notice must include your account email and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other portion of these Terms.

17.7 Severability and survival

If any portion of this Section 17 (other than the class-action waiver in Section 17.4, which is governed by its own severability rule) is held to be invalid or unenforceable, the remaining portions remain in force. This Section 17 survives termination of these Terms.

17.8 Batch arbitration

To allow arbitration to function efficiently, if 25 or more demands of arbitration of a substantively similar nature are filed by or with the assistance of the same law firm or coordinated group within a 60-day period (“Mass Filings”), the parties agree that the demands will be administered in sequential batches of no more than 50 demands per batch (with the assignment of demands to batches done by JAMS or, if it declines, by random selection). The first batch will be heard as a set of bellwether proceedings. Filing fees, administrative fees, and arbitrator compensation for demands in later batches are held in abeyance until the bellwether batch is resolved. After the bellwether batch concludes, the parties will engage in a 60-day informal-resolution process for the remaining demands before the next batch is administered. Any statute of limitations is tolled for demands held in abeyance until their batch begins. If a court of competent jurisdiction determines that this Section 17.8 is unenforceable as to a particular Mass Filing, the parties will instead litigate that Mass Filing under Section 18 (Governing Law), and the class-action waiver in Section 17.4 still applies.

18. Governing Law & Forum

These Terms and any dispute arising out of or relating to them or the App are governed by the substantive laws of the Kingdom of Morocco, without regard to its conflict-of-laws rules, except as expressly provided in Section 17 (where, for U.S.-resident consumers, the U.S. Federal Arbitration Act additionally governs the validity, enforceability, and interpretation of the arbitration agreement and the class-action waiver). The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Subject to Section 17, the Tribunal de Commerce de Casablanca (and the courts having appellate jurisdiction over it) have exclusive jurisdiction over any dispute that is not subject to arbitration, and you and Told consent to personal jurisdiction in those courts and waive any objection based on inconvenient forum. Notwithstanding the foregoing, you may bring an individual claim in small-claims court (or its equivalent court of limited jurisdiction in your country of residence) for any dispute that qualifies for that court’s jurisdiction.

Consumer-rights savings. Nothing in this Section affects mandatory consumer-protection rights you have in the country, state, or province where you are habitually resident, including your right to bring proceedings in your local courts where such a right is granted by mandatory law.

European Union and United Kingdom consumers. If you are a consumer ordinarily resident in a Member State of the European Union, this Section 18 is without prejudice to your right under Article 18 of Regulation (EU) No 1215/2012 (Brussels I Recast) to bring proceedings against us in the courts of the Member State in which you are domiciled, and to your protection under Articles 17 and 19 of that Regulation against forum-selection clauses in consumer contracts. If you are a consumer ordinarily resident in the United Kingdom, the equivalent protections under the Civil Jurisdiction and Judgments Act 1982 (as amended) apply. The European Commission also operates an online dispute resolution platform at ec.europa.eu/consumers/odr; we are not currently obliged to participate in that platform but we will consider any reasonable proposal made through it.

Moroccan consumers. If you are a consumer ordinarily resident in the Kingdom of Morocco, the protective provisions of Loi n° 31-08 édictant des mesures de protection du consommateur and Law 09-08 (where applicable) apply to your use of the App regardless of these Terms.

19. Apple App Store — Required Provisions

The following provisions apply to your use of the App on Apple devices and on the iOS App Store. They are required by Apple’s Developer Program License Agreement (Schedule 2).

1. Acknowledgement. You acknowledge that these Terms are concluded between you and Told only, and not with Apple Inc. (“Apple”). Told, not Apple, is solely responsible for the App and its content.
2. Scope of Licence. Your licence to use the App is limited to a non-transferable licence to use the App on any Apple-branded device that you own or control and as permitted by the Usage Rules in the Apple Media Services Terms. The App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
3. Maintenance and Support. Told is solely responsible for providing any maintenance and support services with respect to the App, as required by these Terms or applicable law. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App.
4. Warranty. Told is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are Told’s sole responsibility.
5. Product Claims. Told, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession or use of the App, including: (i) product-liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer-protection, privacy, or similar legislation.
6. Intellectual Property. If a third party claims that the App or your possession and use of the App infringes that third party’s intellectual-property rights, Told, not Apple, will be solely responsible for the investigation, defence, settlement, and discharge of any such claim.
7. Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer Name and Contact. Questions, complaints, or claims with respect to the App may be directed to TECHBAY SARL-AU at contact@pnkyx.com.
9. Third-Party Beneficiary. You and Told acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
10. Sweepstakes / Contests. Apple is not a sponsor, endorser, or administrator of any contests, leaderboards, challenges, or events within the App.
11. Third-Party Terms. You agree to comply with any applicable third-party terms when using the App.

20. Termination

You may stop using the App at any time and may delete your account through Settings → Delete Account. We may suspend or terminate your account or restrict your access to the App at any time if we reasonably believe that you have violated these Terms, that your use of the App may expose Told or others to legal liability, or that suspension is required to maintain the integrity of the prediction game or to comply with law. Where reasonably practicable and not prohibited by law, we will give you notice of and the opportunity to cure a material violation.

If we suspend or terminate your account, you may appeal the decision by emailing legal@pnkyx.com within 30 days. Where the EU Digital Services Act applies, the additional internal complaint-handling, statement-of-reasons, and out-of-court dispute settlement rights set out in Section 7A also apply.

The following sections survive termination: 2 (Virtual Currency Notice), 7 (the surviving licence portion), 8.1 (Cred), 8.5 (No real-money gaming), 9 (1v1 Challenges), 10 (Payment Handles), 12 (Intellectual Property), 12A (Copyright Complaints — DMCA), 14 (Disclaimers), 15 (Limitation of Liability), 16 (Indemnification), 17 (Dispute Resolution), 18 (Governing Law), 19 (Apple Provisions, where applicable), and 22 (General).

21. Changes to These Terms

We may update these Terms from time to time. We will post the updated Terms at told.pnkyx.com/terms and update the “Last updated” date at the top. For non-material changes, continued use of the App after the changes take effect constitutes acceptance. For material changes (including changes to fees, dispute resolution, the arbitration agreement, the class-action waiver, the licence you grant in Section 7, or the categories of data we process), we will provide at least 30 days’ advance notice through the App, by email, or by an in-App notice, and we will require your affirmative re-acceptance before continued use. If you do not accept the updated Terms, you may stop using the App and delete your account; the prior version of the Terms will continue to apply to disputes that arose before the change took effect.

22. General

22.1 Severability

If any provision of these Terms is held to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable or, if no such modification is possible, severed from these Terms; the remaining provisions remain in full force.

22.2 Entire Agreement

These Terms, together with the Privacy Policy, the Virtual Currency Notice, and any in-App disclosures referenced here, constitute the entire agreement between you and Told concerning the App and supersede all prior or contemporaneous agreements on the same subject.

22.3 Assignment

You may not assign or transfer these Terms or any of your rights under them, by operation of law or otherwise, without our prior written consent. We may assign these Terms in connection with a merger, acquisition, financing, sale of assets, or by operation of law; if such assignment results in a change of the data controller of your Personal Data, we will notify you in advance through the App, by email, or by posting a notice on told.pnkyx.com to the extent required by applicable data-protection law (including, where applicable, GDPR Articles 13 and 14). Any purported assignment by you in violation of this Section is void.

22.4 No Waiver

Our failure or delay to enforce any provision of these Terms is not a waiver of that provision.

22.5 Force Majeure

Neither party will be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including acts of God, war, terrorism, civil unrest, strikes, labour disputes, governmental action, network or power outages, denial-of-service attacks, or pandemics.

22.6 Notices & Electronic Communications

You consent to receive communications from us electronically. We may give you legal notice through the App, by email to your account address (including via Apple Hide-My-Email relay if applicable), or by posting on told.pnkyx.com. You may give us legal notice by emailing legal@pnkyx.com or by mailing TECHBAY SARL-AU, Bureau 842-4, 4ème étage, Imm 8 Khalij Ennakhil Founty, Kingdom of Morocco.

22.7 Headings & Interpretation

Section headings are for convenience only and do not affect interpretation. “Including” means “including, without limitation.”

22.8 Language

These Terms are written in English. Any translation is provided for convenience only; in the event of a conflict, the English version controls.

22.9 Government End-Users

The App is “commercial computer software” and “commercial computer software documentation” as those terms are used in 48 C.F.R. § 12.212. U.S. Government end-users acquire the App with only those rights set forth in these Terms.

22.10 Relationship of the Parties

You and Told are independent contractors. These Terms do not create any agency, partnership, joint venture, or employment relationship.

22.11 Consumer Rights

If you reside in a jurisdiction whose law grants you non-waivable consumer protections, those protections apply to your use of the App regardless of these Terms.

23. Contact

For questions about these Terms or the App:

TECHBAY SARL-AU (trading as “Told.”)
Bureau 842-4, 4ème étage, Imm 8 Khalij Ennakhil Founty
Agadir, Kingdom of Morocco
Email: contact@pnkyx.com · Legal: legal@pnkyx.com · DMCA: dmca@pnkyx.com

© 2026 TECHBAY SARL-AU. All rights reserved. “Told.” is a trade name of TECHBAY SARL-AU.