Terms of Use, Honesty Pledge & Compatibility Disclaimer

1. Acceptance of these Terms

By creating an account, completing the questionnaire, or otherwise using areyoumypenguin.com (the “Service,” “Penguin,” “we,” “us,” or “our”), you (“you,” “member,” or “user”) agree to be bound by these Terms of Use, Honesty Pledge, and Compatibility Disclaimer (collectively, the “Terms”). If you do not agree, you must not use the Service.

2. Eligibility

You represent and warrant that you are (a) at least 18 years of age, (b) a resident of the United States, (c) legally permitted to enter into a binding contract, (d) single and seeking a serious relationship, and (e) free of any felony convictions or active criminal charges. You agree to the additional self-attestations described on our Principles page.

3. Honesty Pledge

Penguin only works when members answer the questionnaire honestly. By submitting your questionnaire you affirm and agree that:

• Every answer you give reflects your genuine, present-day beliefs, preferences, behaviors, and dealbreakers — not aspirational answers, not answers designed to appear more attractive, and not answers chosen to game the matching algorithm.
• You understand that misrepresenting yourself wastes your time and the time of every person you are matched with. It causes you to be paired with people who are not actually compatible with you and can lead you into dates, relationships, or commitments that are unlikely to succeed long-term.
• You understand that the people you may eventually meet through Penguin are real human beings with real feelings, real time, and real lives. Dishonesty here has real-world consequences for them as well as for you.
• You acknowledge that knowingly false answers, impersonation, or any attempt to manipulate your compatibility score is a material breach of these Terms and grounds for immediate, permanent removal from the Service without refund.

4. Compatibility Results — Disclaimer of Accuracy and Warranties

Please read this section carefully. It limits our liability to you.

All compatibility scores, category breakdowns, per-question agreement details, dealbreaker indicators, and any other output generated by the Service (collectively, “Compatibility Results”) are derived solely from self-reported questionnaire responses submitted by you and by other members. Penguin does not independently verify, audit, fact-check, background-check, psychologically evaluate, or otherwise confirm the truthfulness, accuracy, completeness, or current applicability of any answer submitted by any user.

You expressly acknowledge and agree that:

• Other members may lie, exaggerate, omit, misremember, change over time, or simply lack the self-awareness required to answer accurately. You may do the same without realizing it.
• Compatibility Results are not a prediction, guarantee, promise, endorsement, or professional recommendation that any relationship, date, friendship, meeting, or interaction with another member will be safe, healthy, successful, lasting, monogamous, lawful, or otherwise suitable for you.
• Compatibility Results are not a substitute for your own due diligence, judgment, intuition, common sense, or for professional advice from licensed therapists, counselors, attorneys, medical providers, investigators, or other qualified professionals.
• You are solely responsible for any decision you make about whom to contact, meet, date, befriend, pursue, marry, share information with, exchange money with, live with, or otherwise interact with. You should independently verify any claim that matters to you, take reasonable safety precautions before any in-person meeting, and exercise caution at every step.
• The Service is provided strictly “AS IS” and “AS AVAILABLE,” without warranties of any kind, whether express, implied, statutory, or otherwise, including without limitation any warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or quiet enjoyment. To the maximum extent permitted by applicable law, Penguin disclaims all such warranties.

5. Assumption of Risk, Release & Indemnification

You voluntarily and knowingly assume all risks — including risk of physical, emotional, financial, reputational, or other harm — arising from your use of the Service and any contact, communication, meeting, or relationship with any other member or third party, whether introduced through the Service or otherwise.

To the maximum extent permitted by applicable law, you release, waive, and forever discharge Penguin, its affiliates, and its and their respective officers, directors, employees, contractors, agents, and successors (the “Released Parties”) from any and all claims, demands, losses, damages, costs, and expenses (including reasonable attorneys’ fees) of any kind arising out of or relating to: (a) any Compatibility Result; (b) any act, omission, statement, or conduct of any other member or third party; (c) any decision you make in reliance on the Service; or (d) any meeting, date, relationship, or transaction that results from your use of the Service.

You agree to indemnify, defend, and hold harmless the Released Parties from and against any claim brought by a third party arising out of or relating to your use of the Service, your breach of these Terms, or your interaction with any other member.

6. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Released Parties be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or relating to your use of, or inability to use, the Service or any Compatibility Result, even if advised of the possibility of such damages. The Released Parties’ aggregate liability to you for any and all claims arising out of or relating to the Service or these Terms shall not exceed the greater of (a) the total amount you paid Penguin in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain damages; in such jurisdictions the limitations above apply to the fullest extent permitted by law.

7. No Professional Advice

Penguin is not a licensed dating service, matchmaker, therapist, counselor, medical provider, attorney, or investigator, and nothing on the Service constitutes professional advice. Consult a qualified professional for any matter requiring such advice.

8. Termination

We may suspend or terminate your access to the Service at any time, for any reason or no reason, with or without notice, including for any actual or suspected breach of these Terms. Sections 3 through 10 survive termination.

9. Changes to these Terms

We may update these Terms from time to time. Material changes will be communicated by updating the “Last updated” date above and, where appropriate, by other reasonable means. Your continued use of the Service after changes take effect constitutes your acceptance of the revised Terms.

10. Governing Law

These Terms are governed by the laws of the State of Minnesota, without regard to its conflict-of-laws principles. You agree that any dispute arising out of or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in Minnesota, and you consent to the personal jurisdiction of those courts.