Terms and Conditions
Important — please read before using the Service: This Service displays your device form field details within the service radius based on estimated location per the visibility and privacy settings toggled. Sections 7 and 10 of these Terms contain critical disclosures about the risks of location sharing and your agreement to waive certain legal rights. By accessing or using the Service you confirm that you have read, understood, and agreed to these Terms in their entirety.
1. About These Terms
oPin2 ("we," "our," or "us") operates a device display service accessible at opin2.com (the "Service"). These Terms and Conditions ("Terms") govern your access to and use of the Service and constitute a legally binding agreement between you and the Company. Please read them carefully before using the Service.
These Terms apply to all visitors and users who access or use the Service. Your use of the Service is also subject to our Privacy Policy, which is incorporated into these Terms by reference.
2. Definitions
The words of which the initial letter is capitalised have meanings defined below. These definitions apply whether the terms appear in singular or plural form.
- "Affiliate" means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.
- "Buzz" means the in-Service feature that allows one active Device Signal to send a one-way notification to another active Device Signal within the Service Radius, subject to rate limits and cooldown periods.
- "Company" (also referred to as "We," "Us," or "Our") refers to [Registered Entity, LLC], the operator of opin2.com.
- "Country" refers to the United States of America.
- "Device" means any device capable of accessing the Service, including a computer, mobile phone, or tablet.
- "Device Signal" means the act of transmitting your device's presence on the shared map by submitting Profile Data and consenting to browser location access through the Service interface.
- "Feedback" means any feedback, suggestions, or ideas you submit to us regarding the attributes, performance, or features of the Service.
- "Profile Data" means the ephemeral fields you submit when transmitting a Device Signal: your "open to" topic, age, gender (optional), instructions (optional), avatar (optional), and Buzz setting.
- "Promotions" means any contests, sweepstakes, or other promotional activities that may be offered through the Service from time to time.
- "Service Radius" means the geographic boundary, as configured and published by the Company from time to time, within which active Device Signals are mutually visible on the shared map. The current Service Radius is disclosed on the Service interface.
- "Service" refers to the Website and all features, content, and functionality made available through it.
- "Terms" (also referred to as "Terms and Conditions") means this agreement between you and the Company governing your use of the Service.
- "Website" refers to opin2.com, accessible at https://opin2.com/.
- "You" means the individual accessing or using the Service, or the company or other legal entity on behalf of which that individual is accessing or using the Service.
3. Eligibility
You must be at least 18 years of age to use the Service. The Company does not knowingly permit persons under 18 to access or use the Service.
By transmitting a Device Signal you self-certify that you are 18 years of age or older. The Service validates age server-side and requires a minimum age of 18 before a Device Signal can be transmitted. Entering a false age to bypass this requirement is a material breach of these Terms. If the Company becomes aware that a person under 18 has accessed the Service, the Company will take steps to restrict that access and remove any associated data.
You bear sole legal responsibility for any consequences arising from a false age representation, including but not limited to any third-party claims arising from a minor's access to the Service.
You may not use the Service if you are required to register as a sex offender under any applicable law, or if you have been convicted of any violent crime, sexual offence, or other felony. By accessing or using the Service, you represent and warrant that you do not fall within any such prohibited category.
4. Acknowledgment and Acceptance
By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not access or use the Service.
These Terms apply to all visitors and users of the Service. Your continued use of the Service following any revision to these Terms constitutes your acceptance of the revised Terms (see Section 30).
You represent and warrant that you have the legal capacity to enter into a binding agreement in the jurisdiction in which you reside.
5. Description of the Service
oPin2 is a device presence service. When you choose to transmit a Device Signal, your device's GPS-derived position and your Profile Data are broadcast in real time on a shared map to all other active Device Signals within the Service Radius. The Service allows you to:
- Broadcast your device's presence and Profile Data to nearby active devices
- View the positions, Profile Data, and distances of other active devices within the Service Radius
- Send and receive Buzz notifications to and from other active devices within the Service Radius (subject to Buzz settings)
- Send and receive Gift interactions — a purely symbolic emoji sent to another active device within the Service Radius (subject to Gift settings)
- Send and receive Party 'Fetti — a public, one-to-all celebratory broadcast to nearby active devices within the Service Radius (subject to Party 'Fetti settings)
- Optionally access a Streaming Audio feature that plays third-party internet radio (see Section 12)
Gifts are symbolic only. A Gift is a virtual emoji indication of interest or goodwill. Gifts are not real gifts, have no monetary or cash value, and cannot be redeemed, exchanged, or converted into money, goods, services, or any item of value. No purchase, payment, or transfer of anything of value occurs through the Gift feature.
The Service does not facilitate messages, chat, file transfers, persistent user profiles, or any form of account registration. All Device Signals and associated Profile Data are ephemeral and are permanently deleted from our servers within approximately 30 seconds of your last activity (see Section 6.4).
The Company reserves the right to add, remove, or modify any feature or functionality of the Service, or to discontinue the Service entirely, at any time without prior notice.
6. Profile Data — Submission, Licence, and Restrictions
6.1 What You May Submit
When transmitting a Device Signal, you may submit the following Profile Data fields:
- "Open to" topic — selected from a provided list
- Age — numeric; must be 18 or older
- Gender — optional; M or F
- Instructions — optional free-text note, maximum 70 characters
- Avatar — optional emoji character
- Buzz setting — whether your device accepts inbound Buzz notifications
- Gifts setting — whether your device accepts inbound Gift interactions
- Party 'Fetti setting — whether your device participates in Party 'Fetti broadcasts
None of these fields require or accept your name, email address, phone number, or any government-issued identifier.
6.2 Licence Grant
By transmitting a Device Signal you grant the Company a limited, non-exclusive, revocable licence to transmit and display your Profile Data in real time to other active Device Signals within the Service Radius for the duration of your active session. This licence expires automatically when your Device Signal ends and your Profile Data is permanently deleted from our servers (within approximately 30 seconds of your last activity). You retain full ownership of any Profile Data you submit.
This licence does not grant the Company the right to store, archive, reproduce, or commercially exploit your Profile Data beyond the display described above.
6.3 Content Restrictions
You are solely responsible for the Profile Data you submit. You may not submit Profile Data that:
- Is unlawful, threatening, harassing, defamatory, obscene, or otherwise objectionable
- Impersonates any person or entity
- Is intended to deceive other users about your identity, location, age, or intentions
- Constitutes unsolicited advertising, spam, or any form of solicitation
- Violates any person's privacy, publicity, or intellectual property rights
- Promotes, facilitates, or constitutes unlawful activity of any kind
The Company reserves the right, but not the obligation, to review Profile Data and restrict access to the Service for any user whose Profile Data violates these restrictions, at the Company's sole discretion.
6.4 Ephemeral Nature — No Data Backups
The Service is designed to be ephemeral. Profile Data, device location, and session identifiers are permanently and automatically deleted from our servers within approximately 30 seconds of your last activity. The Company does not perform backups of your Profile Data and accepts no liability for any loss of such data. You must not use the Service to store any information you intend to retain.
7. Location Sharing
When you choose to transmit a Device Signal, your device's location and Profile Data are broadcast in real time on a shared map to other active Device Signals within the Service Radius. Transmitting a Device Signal is voluntary and requires your device's location permission.
By transmitting a Device Signal, you acknowledge that:
- Your device's location and Profile Data are observable by other active Device Signals within the Service Radius during your active session.
- You may stop broadcasting at any time; your Device Signal and all associated data are automatically and permanently removed from our servers within approximately 30 seconds of your last activity.
- The Company is not responsible for how other persons use information they observe through the Service.
- The Company does not perform criminal background checks, identity verification, or criminal history screenings on any user of the Service. No screening tool guarantees your safety.
8. Interaction Features (Buzz, Gift, Party 'Fetti) — Acceptable Use
The Service provides Interaction Features that let you signal interest to nearby active devices: Buzz (a one-way notification to a specific device), Gift (a symbolic emoji sent to a specific device), and Party 'Fetti (a public, one-to-all celebratory broadcast to nearby devices). You agree to use these features only for their intended purpose of signalling interest in connecting with nearby devices. You must not use any Interaction Feature to:
- Harass, intimidate, threaten, or stalk another user
- Send repeated or unwanted Buzz notifications or Gift interactions to a specific user
- Broadcast Party 'Fetti in a repeated, excessive, or disruptive manner, or to spam nearby devices
- Circumvent or attempt to bypass the server-enforced rate limits and cooldown periods applicable to these features
- Cause distress or annoyance to any other user
Gifts are symbolic virtual emoji only. They are not real gifts, carry no monetary or cash value, and cannot be redeemed, exchanged, or converted into money, goods, services, or any item of value. You must not use, describe, or solicit a Gift as if it conferred anything of value.
The Company enforces server-side rate limits and cooldown periods on the Interaction Features. Misuse of any Interaction Feature, as determined by the Company in its sole discretion, is grounds for immediate restriction of your access to the Service.
9. Prohibited Uses
You agree not to use the Service to:
- Access any Service endpoint through automated scripts, bots, crawlers, or other non-human means without prior written consent from the Company
- Scrape, harvest, or systematically collect Profile Data or any other information about other users of the Service
- Falsify, spoof, or manipulate the GPS coordinates reported by your device to misrepresent your device's physical location
- Circumvent, disable, or interfere with any rate limiting, access control, or security feature of the Service
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of any component of the Service
- Upload or transmit any virus, worm, malware, trojan horse, or other harmful or disruptive code
- Attempt to gain unauthorised access to any part of the Service, its servers, or the data of any other user
- Use the Service in any manner that could damage, disable, overburden, or impair the Service or its infrastructure
- Facilitate, promote, or engage in any unlawful activity through the Service
- Submit Profile Data that violates Section 6.3 of these Terms
- Target, harass, or discriminate against persons based on race, colour, religion, national origin, gender, gender identity, sexual orientation, disability, age, or any other characteristic protected by applicable law
- Solicit money, gifts, financial consideration, or other items of value from any other user of the Service
10. Intellectual Property
The Service and its original content, features, and functionality — including all code, design, text, graphics, interface elements, and other materials (excluding Profile Data submitted by users) — are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other applicable laws of the United States and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company. Nothing in these Terms grants you any right, title, or interest in the Service or its content beyond the limited right to use the Service in accordance with these Terms.
11. Feedback
If you provide Feedback to the Company, you assign all rights, title, and interest in that Feedback to the Company. If for any reason such assignment is ineffective, you agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide licence to use, reproduce, disclose, sub-licence, distribute, modify, and exploit such Feedback without restriction and without any obligation of confidentiality, attribution, or compensation to you.
12. Third-Party Services and Links
The Service integrates and may link to third-party websites, services, and content that are not owned or controlled by the Company, including but not limited to Google Analytics, Revive Ad Server, OpenStreetMap, Google Fonts, Cloudflare, and Radio Browser (radio-browser.info). The Company has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party service.
Streaming Audio. The optional Streaming Audio feature discovers and plays third-party internet radio stations using the Radio Browser directory. All audio content is provided by independent third parties and is delivered "as is." The Company does not own, control, endorse, or curate this content and is not responsible for it, and availability depends on third-party APIs and station operators that may change or become unavailable at any time.
You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any third-party service, content, goods, or services. We strongly encourage you to review the terms of service and privacy policies of any third-party service you access in connection with your use of the Service.
13. Privacy Policy
Your use of the Service is governed by our Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy describes how the Company collects, uses, stores, and protects information in connection with your use of the Service. Please review the Privacy Policy carefully before using the Service. By using the Service you acknowledge that you have read and understood the Privacy Policy.
14. "AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to you "AS IS" and "AS AVAILABLE" with all faults and defects and without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and their respective licensors and service providers, expressly disclaims all warranties — whether express, implied, statutory, or otherwise — with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties that may arise from course of dealing, course of performance, usage, or trade practice.
Without limiting the foregoing, the Company makes no warranty or representation that the Service will: meet your requirements; achieve any intended results; be compatible or work with any other software, application, system, or service; operate without interruption; meet any performance or reliability standard; be error-free; or that any errors or defects can or will be corrected.
Neither the Company nor any of its service providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service or the accuracy of information provided therein; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information provided through the Service; or (iv) that the Service, its servers, or any content transmitted through the Service is free of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components. The Company does not warrant that the Service, its servers, or communications sent by or on behalf of the Company are free of harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer. In such cases, the exclusions and limitations in this section shall be applied to the greatest extent enforceable under applicable law.
15. Force Majeure
The Company shall not be liable for any delay or failure to perform its obligations under these Terms to the extent that such delay or failure results from circumstances beyond the Company's reasonable control, including but not limited to acts of God, natural disasters, pandemic or public health emergency, governmental action or regulation, war, terrorism, civil disorder, power failures, or disruptions to internet or telecommunications infrastructure. In such circumstances the Company's obligations under these Terms are suspended for the duration of the force majeure event.
16. Limitation of Liability
You are solely responsible for your interactions with other persons observable through the Service. The Company is not responsible for the conduct, identity, or actions of any person who transmits a Device Signal through the Service, or for any consequences of your interactions with such persons.
To the maximum extent permitted by applicable law, in no event shall the Company or its Affiliates, licensors, service providers, employees, agents, officers, or directors be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages — including but not limited to loss of profits, loss of data or other information, business interruption, personal injury, or loss of privacy — arising out of or in any way related to: your use of or inability to use the Service; any conduct or content of any third party on the Service; any Profile Data obtained from the Service; or any offline interaction you independently choose to initiate following your use of the Service; even if the Company has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Notwithstanding any damages you might incur, the entire liability of the Company under any provision of these Terms and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you to the Company through the Service in the twelve months preceding the claim, or USD 0 if you have not made any payment.
Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages. In those jurisdictions, each party's liability will be limited to the greatest extent permitted by law.
17. Indemnification
You agree to indemnify, defend, and hold harmless the Company, its owners, Affiliates, operators, employees, agents, and officers from and against any and all claims, causes of action, liabilities, penalties, damages, losses, and expenses — including reasonable attorneys' fees — arising out of or related to:
- Your access to or use of the Service
- Your Profile Data, including any claim that your Profile Data violates the rights of any third party
- Your breach of any provision of these Terms
- Your violation of any applicable law or regulation
- Any offline interaction you choose to undertake with any person associated with a device observed through the Service
- Any misrepresentation made by you, including any false age certification
18. Service Access — Restriction and Termination
The Company may, at its sole discretion and without prior notice or liability, restrict, suspend, or permanently deny access to all or any part of the Service to any device, browser session, or IP address that the Company believes has violated these Terms or any applicable law. Because the Service operates without user account registration, access restriction may take the form of technical measures including but not limited to IP-based blocking, browser session termination, or server-side rate limit enforcement.
You may discontinue use of the Service at any time. Your Device Signal is automatically and permanently removed from our servers within approximately 30 seconds of your last activity; no further action is required to end your session and remove your data from the Service.
Any restriction of your access under this section does not limit the Company's right to pursue any other remedies available to it at law or in equity.
19. Prices, Payments, and Promotions
The Service is currently provided free of charge. The Company reserves the right, at its sole discretion, to introduce fees for access to all or any part of the Service, or for premium features, at any time. Any introduction of pricing or changes to existing pricing will be communicated in accordance with Section 30 (Changes to These Terms) prior to taking effect. You may discontinue use of the Service if any pricing change is unacceptable to you.
If the Company introduces paid features or services, pricing, accepted payment methods, refund policies, and applicable taxes will be disclosed at the point of purchase and incorporated into these Terms by reference at that time. Any payment processing will be subject to the terms and conditions of the applicable payment processor. The Company will not store or collect payment card details directly; such information is provided to payment processors whose handling of payment data is governed by their own terms and privacy policies.
Any Promotions offered through the Service may be governed by separate rules. If you participate in any Promotion, please review the applicable Promotion rules together with this Agreement and the Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply to that Promotion.
20. Digital Millennium Copyright Act (DMCA)
The Company respects the intellectual property rights of others. If you believe that any content transmitted through or displayed by the Service infringes a copyright you own or are authorised to enforce, you may submit a written notice to our designated Copyright Agent at:
Email: [Copyright Agent Email]
Your notice must include, pursuant to 17 U.S.C. § 512(c)(3), all of the following:
- An electronic or physical signature of the person authorised to act on behalf of the copyright owner
- A description of the copyrighted work you claim has been infringed, including the URL where the work exists or a copy of the work
- Identification of the specific location on the Service where the allegedly infringing material is located
- Your name, address, telephone number, and email address
- A statement that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law
- A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorised to act on its behalf
You may be liable for damages, including costs and attorneys' fees, for misrepresenting that content infringes your copyright. Upon receipt of a valid notice, the Company will take whatever action it deems appropriate in its sole discretion, as required by applicable law.
21. Governing Law
The laws of the State of [Governing State], United States, excluding its conflict-of-law rules, shall govern these Terms and your use of the Service. Your use of the Service may also be subject to other applicable local, state, national, or international laws.
22. Dispute Resolution
22.1 Informal Resolution
If you have any concern or dispute arising from or relating to the Service or these Terms, you agree to first attempt to resolve the dispute informally by contacting the Company in writing using the contact information in Section 31. The Company will make reasonable efforts to respond within 30 days of receiving written notice.
22.2 Binding Individual Arbitration
If a dispute cannot be resolved informally, you and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. Information about AAA arbitration is available at www.adr.org. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
22.3 Class Action Waiver
You and the Company each waive the right to bring or participate in any class, collective, consolidated, or representative proceeding. Disputes must be brought on an individual basis only.
22.4 Small Claims Exception
Either party may bring an individual claim in small claims court in lieu of arbitration, provided the claim qualifies under the applicable small claims court rules.
22.5 Opt-Out Right
You may opt out of the binding arbitration and class action waiver provisions in Sections 22.2 and 22.3 by notifying the Company in writing at the contact information in Section 31 within 30 days of first accepting these Terms. Your notice must clearly state your name and your wish to opt out of arbitration. If you opt out, disputes will be resolved pursuant to applicable law.
22.6 Time Limitation on Claims
Any claim or cause of action arising out of or relating to these Terms or your use of the Service must be filed within one (1) year after such claim or cause of action arose. Claims not filed within this period are permanently barred, regardless of any applicable statute of limitations.
22.7 Emergency Relief
Nothing in this section limits either party's right to seek emergency injunctive or equitable relief in a court of competent jurisdiction to prevent irreparable harm pending resolution of a dispute.
23. For European Union (EU) Users
If you are a consumer resident in a European Union member state, you will benefit from any mandatory provisions of the law of the country in which you reside that afford you rights as a consumer. Nothing in these Terms limits or excludes any rights you may have under such mandatory applicable national law.
24. United States Legal Compliance
You represent and warrant that: (i) you are not located in a country that is subject to a United States government embargo or that has been designated by the United States government as a "terrorist supporting" country; and (ii) you are not listed on any United States government list of prohibited or restricted parties.
If you are a California resident, pursuant to California Civil Code Section 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by writing to 400 R Street, Suite 1080, Sacramento, California 95814, or by calling (800) 952-5210.
25. Notices
Because the Service does not collect email addresses or operate user accounts, the Company has no mechanism to send individual notices to users. Material changes to these Terms will be communicated by updating the Terms on the Service website, updating the "Last updated" date at the top of this page, and posting an appropriate notice on the Service, consistent with Section 30.
Notices from you to the Company must be made in writing and directed to the Company using the contact details set out in Section 31, or via the feedback form at: [https://www.opin2.com/feedback/]. The Company may update its contact information at any time by updating Section 31 of these Terms.
26. Assignment
You may not assign, transfer, or delegate these Terms or any of your rights or obligations under these Terms without the prior written consent of the Company. The Company may freely assign, transfer, or delegate these Terms and any of its rights and obligations under these Terms, including in connection with a merger, acquisition, corporate reorganisation, or sale of all or substantially all of its assets, without your consent.
27. Severability
If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable, invalid, or void under applicable law, that provision will be modified to the minimum extent necessary to make it enforceable. If the provision cannot be so modified, it will be severed from these Terms. The remaining provisions will continue in full force and effect, and the unenforceable provision will not affect the validity or enforceability of any other provision.
28. Waiver
The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A waiver by the Company of any breach of these Terms shall not be construed as a waiver of any subsequent breach of the same or any other provision. No waiver shall be effective unless made in writing and signed by an authorised representative of the Company.
29. Complete Agreement
These Terms, together with the Privacy Policy and any other policies, terms, or conditions incorporated herein by reference, constitute the entire agreement between you and the Company with respect to the Service and supersede all prior and contemporaneous representations, understandings, and agreements — whether oral or written — regarding the same subject matter. The headings contained in these Terms are for convenience only and shall not affect their interpretation.
30. Changes to These Terms
The Company reserves the right to modify or replace these Terms at any time at its sole discretion. If a revision is material, the Company will make reasonable efforts to provide at least 30 days' notice before the new terms take effect. What constitutes a material change will be determined at the Company's sole discretion.
Because the Service does not collect email addresses or operate user accounts, notice of changes will be communicated by updating these Terms on the Service website and updating the "Last updated" date at the top of this page. You may immediately discontinue your use of the Service if any change is unacceptable to you. Your continued use of the Service after any revised Terms take effect constitutes your acceptance of the revised Terms.
31. Contact Us
For questions about these Terms, to submit a notice, or to exercise any rights under these Terms, contact us at:
[Registered Entity, LLC]
Email Form: [View Form]