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Terms of Service

Version 1.1 — Effective July 28, 2026

1. Acceptance of these Terms

By visiting this website, joining the waitlist, or otherwise using any PINCH service (together, the "Service"), you agree to these Terms of Service and to our Privacy Policy. If you do not agree, do not use the Service. When you check the "I agree" box on the waitlist form, you are entering into a binding agreement with PINCH ("we," "us").

2. What PINCH is right now

This website operates two things: a free beta of PINCH Live (a browser-based, peer-to-peer file transfer tool at /live) and an early-access waitlist for the PINCH hardware, which is in development. Joining the waitlist does not create an order, a purchase, or any obligation for either side: we do not charge you anything, and we do not guarantee that any product will ship, ship on any timeline, have any particular feature, or be offered at any particular price. Descriptions of pricing, performance, encryption, tracking accuracy, and features describe design goals for the system in development and may change. One exception we stand behind: if PINCH launches, waitlist members will be offered the founding pricing shown at the time they joined.

2a. The PINCH Live beta

PINCH Live transfers files directly between your two devices over an encrypted peer-to-peer connection. We never receive your files, and we cannot see, inspect, moderate, recover, or retransmit them. It is a free beta provided as-is: we do not guarantee delivery, speed, integrity, or availability, and a transfer may fail or arrive incomplete. You are solely responsible for the files you transfer, for having the right to transfer them, and for verifying anything you receive — treat files from people you do not know exactly as you would treat an unexpected email attachment. Do not use PINCH Live to transfer unlawful content, malware, or material you have no right to share. We may change or discontinue the beta at any time.

3. Eligibility

You must be at least 13 years old to use this Service. If you are under 18, you may only use the Service with the consent of a parent or legal guardian. By using the Service on behalf of a company, you represent that you have authority to bind that company to these Terms.

4. Do not share sensitive information

Do not submit passwords, government ID numbers, Social Security numbers, financial account details, medical information, or other sensitive personal information through this website. The waitlist form needs only an email address. Anything you choose to share beyond that is shared at your own risk, and we are not responsible for it.

5. Acceptable use

You agree not to: (a) break the law using the Service; (b) probe, scan, overload, disrupt, or attempt to gain unauthorized access to the Service or its infrastructure; (c) scrape, harvest, or mass-collect data from the Service; (d) submit false, misleading, or automated entries to the waitlist; (e) upload or transmit malware; (f) use PINCH Live to transfer content that is unlawful or that you do not have the right to transfer; or (g) harass anyone. We may suspend or block access for violations, at our discretion, with or without notice.

6. Intellectual property

The PINCH name, design, site content, and demo experiences belong to us. You may not copy, republish, or present them as your own. You keep ownership of anything you submit; you grant us a non-exclusive license to store and process waitlist submissions to operate the Service.

7. Copyright complaints (DMCA)

If you believe content on this Service infringes your copyright, email neilsgupta@outlook.com with the material identified, your contact information, and a good-faith statement, and we will respond promptly, including removal where appropriate.

8. "As is" — no warranties

The Service is provided "as is" and "as available," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, non-infringement, accuracy, uptime, or security. We do not warrant that the Service will be uninterrupted or error-free.

9. Assumption of risk

You use the Service at your own risk. The interactive demo and PINCH Live, including the optional webcam mode, run entirely in your browser; you are responsible for your own device and environment, for the files you send, and for anything you choose to open after receiving it.

10. Limitation of liability

To the maximum extent permitted by law, PINCH and its operator will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of data, profits, business, or goodwill, including any file that fails to arrive, arrives incomplete, or is sent to the wrong person, arising out of or relating to the Service — even if advised of the possibility. To the maximum extent permitted by law, our total aggregate liability for all claims relating to the Service is capped at ten U.S. dollars (US $10) or the amount you actually paid us in the past 12 months, whichever is greater.

11. Indemnification

You agree to defend, indemnify, and hold harmless PINCH and its operator from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, or your violation of any third-party right.

12. Not professional advice

Content on this Service is for general informational purposes only and is not legal, financial, security, or other professional advice.

13. Third-party services

The Service loads fonts and libraries from third-party CDNs and may link to third-party sites. We are not responsible for third-party services or their content.

14. Dispute resolution — binding arbitration and class-action waiver

Please read this carefully — it affects your rights. Any dispute arising out of or relating to these Terms or the Service that cannot be resolved informally shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court, except that either party may bring an individual claim in small-claims court. You and PINCH each waive the right to a trial by jury and the right to participate in a class action, class arbitration, or representative proceeding. Disputes must be brought individually. You may opt out of this arbitration provision within 30 days of first accepting these Terms by emailing us with the subject line "Arbitration opt-out."

15. Governing law

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-law rules, and subject to Section 14.

16. Changes and termination

We may update these Terms at any time by posting a revised version with a new effective date; continued use after changes means you accept them. We may modify, suspend, or discontinue any part of the Service, including the waitlist, at any time.

17. Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions stay in full force and effect.

18. Contact

Questions about these Terms: neilsgupta@outlook.com