Terms of Use

Effective Date: 20/04/2026  |  Last Updated: 20/04/2026

Definitions

Account
The personal account you create on our App.
App
The Boink mobile application, available for download on the Apple App Store and Google Play.
Boink / Service
Any of the services we provide, including the App, our website, associated communications, and the support system — as well as third-party services that support delivery of our features.
Local Data
Data stored only on your device that is never transmitted to our servers. This includes notes and images. See our Privacy Policy, Section 3.1.
Server Data
Data stored on our servers to enable app functionality and syncing across devices. This includes account information, partner details, activity records, tags, locations, financial tracking, and time tracking. See our Privacy Policy, Sections 3.2–3.4.
Anonymised Usage Data
Aggregated, anonymised statistics about app usage that cannot be linked to any individual user.
Content
Any data, text, images, notes, or other material you enter into the App.
Partners (partners recorded in the App)
Individuals you record information about in the App as part of your private diary.
Service Providers
Third-party companies who support delivery of the Service, including hosting providers, payment processors, security auditors, and AI providers.
Sensitive Data
Personal data revealing sexual orientation or concerning a person's sex life, which is treated as a special category of personal data under Article 9 of the General Data Protection Regulation (Regulation (EU) 2016/679, "GDPR").
Backup
An encrypted copy of your Local Data that you create within the App, protected by a passphrase you choose.
Passphrase
The password or phrase you choose to encrypt and later decrypt your Backup. We do not receive, store, or have any means of recovering your Passphrase.
User / "you" / "your"
An individual who has created an Account and uses the Service.
"we" / "us" / "our"
Busyworks Unipessoal Lda, trading as Boink.

1. Introduction

We are Busyworks Unipessoal Lda, trading as Boink, a company registered in Portugal. Our company registration number is 515062650 and our registered office is at Rua Castilho 32, 4º, 1250-070, Lisboa.

Boink is a private diary application for recording sexual activities and managing sexual health. It is intended solely for personal, non-commercial use by adults aged 18 or older.

These Terms of Use ("Terms") govern your use of the App and Service. By creating an Account, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not download or use the App.

The terms of the Apple App Store, Google Play, and any other store from which you download the App also apply to your use.

We may update these Terms from time to time. We will notify you of material changes by email or in-app notification with reasonable advance notice. Your continued use of Boink after the effective date of any changes constitutes acceptance of the updated Terms. If you do not agree with the changes, you may stop using the App and delete your Account, and nothing in these updated Terms will apply retroactively to processing you did not consent to.

Contact us at any time: support@boink.app.

2. The Service

Through the App you can record activities with Partners and add notes, images, tags, locations, financial information, and other details. You can view summaries of your activity over time by date, Partner, place, or tag.

Boink is a private, personal tool. We do not share or disclose your Content to any other person or entity except as strictly necessary to deliver the Service and as described in our Privacy Policy. The purpose of Boink is to help you manage your sexual health and well-being. It is not intended for any commercial, promotional, or professional use.

Subject to your compliance with these Terms, we grant you a limited, non-sublicensable, non-exclusive, non-transferable, revocable licence to:

  1. Access and use the App on your portable electronic device(s) solely for your personal, non-commercial use of the Service; and
  2. Access and use any content, information, and related materials made available through the Service, solely for your personal, non-commercial use.

3. How Your Data Is Stored

Please read this section carefully. It explains where your data lives, how it is protected, and what happens if you lose it.

Boink stores your data in two places. The full description is set out in our Privacy Policy. The summary relevant to these Terms is below.

3.1 Local Data (Your Device Only)

Notes and images are stored only on your device. They are not transmitted to our servers as part of the Service. Our servers do not receive or store your notes or images.

If you lose your device, factory reset it, or uninstall the App without first creating a Backup, your Local Data cannot be recovered by us. You should create a Backup before changing devices, updating your operating system, or uninstalling the App.

3.2 Server Data

Your account information, Partner details, activity records, tags, locations, financial tracking, and time tracking are stored on our servers to enable syncing across sessions and devices. This category includes Sensitive Data within the meaning of Article 9 GDPR.

Processing of Sensitive Data on our servers requires your explicit consent, which you give through a dedicated consent flow during sign-up and which you can review and withdraw at any time in Settings → Privacy & Consent. Full details of the lawful bases we rely on, retention periods, and data-subject rights are set out in our Privacy Policy.

Server Data is protected by encryption in transit and by the default encryption-at-rest provided by our hosting infrastructure. Our internal policy restricts staff access to Server Data to strictly necessary circumstances such as debugging a specific issue at your request. We are working to reduce the categories of Sensitive Data stored on our servers. When that change ships, you will be informed in-app and these Terms will be updated to reflect the new model.

3.3 Backups

You can create a Backup of your Local Data at any time via Account → Backup & Restore.

Backups are encrypted with a Passphrase you choose. We do not know your Passphrase and cannot recover it. If you lose it, nobody can decrypt your Backup — including us.

4. Availability, Changes, and Interruptions

You may download a copy of the App onto your device(s) and use it for personal purposes only. You may also receive and use any free updates, patches, or corrections we provide.

We may modify or update the Service at any time to improve performance, add or remove features, address security issues, or reflect changes to operating systems or app-store requirements. In some cases, we may require you to accept an update before continuing to use the App. If you choose not to install a required update, you may not be able to continue using the App.

We may temporarily suspend the Service at any time for maintenance, security, or operational reasons. Where possible, we will give advance notice. Uninterrupted availability is not guaranteed.

5. Your Account

5.1 Creating an Account

To use Boink, you must create an Account. All information you provide at registration must be true and accurate. You must be at least 18 years old. Providing false age information terminates your licence to use the Service and may have legal consequences.

5.2 Account Security

You are solely responsible for keeping your login credentials and your Backup Passphrase confidential and secure. You must not share your password or Passphrase with anyone.

You may choose whether to require a password, PIN, or biometric authentication to open the App. If you choose not to protect the App, you do so at your own risk.

If you know or suspect that someone has accessed your Account without your authorisation, you must change your password immediately and contact us at support@boink.app.

If you knowingly permit another person to access the App through your Account, you are responsible for their actions on your Account and must ensure they comply with these Terms.

5.3 Password Recovery

If you forget your Account password, we can send a reset link to your registered email address. If you have lost access to that email address, we may not be able to restore access to your Account.

The Account password is separate from the Backup Passphrase. A password reset does not recover, reset, or affect the Backup Passphrase in any way. The Backup Passphrase cannot be reset by anyone.

6. Your Obligations

When using Boink, you must NOT:

You agree that you WILL:

7. Content, Partners, and Privacy

7.1 Your Content

Boink is for private, personal use. You must not publish, share, broadcast, or disclose Content — including notes, images, or information about other people — on social media, messaging platforms, websites, or any other medium, unless you have the express consent of every person identifiable in that Content.

You take full responsibility for the Content you enter into the App. You represent that you have the legal right to enter each item of Content, and that entering it does not infringe the rights of any third party.

We reserve the right to suspend or terminate your Account if Content associated with your Account is unlawful, breaches the rights of third parties, causes serious harm to others, or promotes violence or any other unlawful activity.

7.2 Third-Party Information (Partners)

Boink allows you to record information about other people — Partners. This creates particular responsibilities for you, because those Partners are not Boink Users and have not agreed to these Terms.

You warrant that:

To the fullest extent permitted by Portuguese law, you indemnify Busyworks Unipessoal Lda against any claim brought by a third party that arises from information you recorded about that person in the App, including reasonable legal costs.

7.3 Privacy

How we collect, store, and manage personal data is described in our Privacy Policy, which forms part of your agreement with us. By using Boink, you confirm that you have read and understood that policy.

In summary:

We may use anonymised and aggregated Usage Data for research, development, and service improvement, and may share such anonymised data with third parties for those purposes. Anonymised data cannot be used to identify you.

7.4 Support System

When you contact our support team (via WhatsApp, email, in-app chat, or web form), your messages and any files you choose to share are visible to support agents. Support messages may be processed by a third-party AI provider to draft responses, under a data processing agreement that prohibits the provider from using your data to train models or for any purpose other than responding to your query. You may request a human agent at any time. Full details are in our Privacy Policy, Section 7.

8. Charges

The use of Boink is currently free of charge. We may introduce charges for the Service, or offer premium features subject to payment, in the future. If we do, we will give you reasonable advance notice and you will not be charged without your consent. Any paid features will be subject to additional terms presented at the time of purchase.

9. Our Liability to You

This section limits our liability. Please read it carefully. Nothing in this section excludes or limits liability that cannot lawfully be excluded or limited under Portuguese law or mandatory EU consumer protection law.

9.1 What We Do Not Exclude

Nothing in these Terms excludes or limits our liability for:

9.2 Specific Exclusions

Subject to Section 9.1, we are not liable for loss, damage, cost, or expense resulting from:

9.3 No Warranty

Boink is provided on an "as is" and "as available" basis. Subject to Section 9.1, we do not warrant that the Service will be secure, available, uninterrupted, or error-free, or that defects will be corrected. We do not warrant that Boink is suitable for any particular purpose beyond the personal use described in these Terms. Statutory warranties that cannot be excluded under mandatory law continue to apply.

9.4 Maximum Liability

Subject to Section 9.1, our total aggregate liability to you in any twelve (12) month period (across all claims in that period, not per claim) shall not exceed the greater of:

This limit does not apply to liability referred to in Section 9.1 or to any liability that cannot lawfully be capped under mandatory law.

9.5 Internet and Third-Party Risks

The internet is not a perfectly secure medium. We take appropriate technical and organisational measures to protect Server Data, but we cannot guarantee that transmissions over the internet will always be secure. We recommend that you consider the sensitivity of what you enter into any app, including Boink.

Boink may contain links to independent websites or services not provided by us. We are not responsible for their content, privacy practices, or availability. You access them at your own risk.

10. Your Liability to Us

To the fullest extent permitted by Portuguese law, you agree to indemnify us, our affiliates, directors, officers, employees, and agents against any claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) that arise from:

This indemnity is limited by Portuguese and EU consumer protection law, which may restrict or void certain consumer indemnities. Where a provision of this Section 10 is held unenforceable against a consumer, the remainder continues to apply to the extent permitted.

We reserve the right, at our own expense, to assume the defence of any matter subject to indemnification by you, in which case you agree to cooperate reasonably with us.

11. Intellectual Property

All intellectual property rights in Boink throughout the world belong to us or are licensed to us. The rights in Boink are licensed to you, not sold. You have no intellectual property rights in the Service other than the right to use it in accordance with these Terms.

You must not copy, rent, lease, sell, sublicence, decompile, disassemble, or reverse-engineer any part of the App or the Service.

If you provide us with suggestions, ideas, or feedback about the Service ("Feedback"), you grant us a perpetual, worldwide, irrevocable, royalty-free, transferable and sublicensable licence to use that Feedback in connection with the Service or otherwise, without compensation.

12. Confidentiality

You must not use any technical, financial, strategic, or other proprietary and confidential information relating to our business, operations, or the Service, including information protected as business secrets, that you may learn as a result of using Boink.

13. Data Protection and Breach Notification

13.1 Our Role as Controller

In relation to your personal data, Busyworks Unipessoal Lda is the data controller. Our full data-protection disclosures, including legal bases, retention, international transfers, and your rights, are set out in the Privacy Policy.

13.2 Consent for Sensitive Data

Where we process Sensitive Data on our servers, we do so on the basis of your explicit consent under Article 9(2)(a) GDPR. You can review, modify, or withdraw your consent at any time in Settings → Privacy & Consent. Withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.

13.3 Breach Notification

If a personal-data breach occurs that is likely to result in a high risk to your rights and freedoms, we will notify you without undue delay, using the email address on file, and provide the information required by Article 34 GDPR. We will also notify the Portuguese supervisory authority where required by Article 33 GDPR.

13.4 Supervisory Authority

You have the right to lodge a complaint about our processing of your personal data with the Portuguese data protection authority (Comissão Nacional de Proteção de Dados, CNPD — www.cnpd.pt) or with the supervisory authority in your country of habitual residence within the EU/EEA.

14. Term and Termination

14.1 Duration

These Terms take effect when you create an Account and remain in effect for as long as you use the Service.

14.2 Termination by You

You may terminate at any time by deleting your Account via Account → Privacy & Data → Delete Account. Upon deletion, your Server Data will be removed within 30 days, including from routine backups within the same period, as described in our Privacy Policy. Local Data on your device remains until you delete it or uninstall the App.

You may also stop using Boink at any time without deleting your Account, but please note that inactive Accounts may be deleted (see Section 14.4).

14.3 Termination by Us

We may suspend or terminate your Account if:

Except where immediate termination is justified by the seriousness of the breach or by a legal requirement, we will give reasonable advance notice.

14.4 Inactive Accounts

If you have not logged in to your Account for 24 months, we may delete your Account and associated Server Data. We will attempt to notify you by email at least 30 days before deletion.

14.5 Discontinuation of Service

We may withdraw or discontinue Boink at any time. If we do, we will give you reasonable advance notice and, where possible, an opportunity to export your data before the Service ends.

14.6 Effect of Termination

Upon termination, your right to access and use the App and Service ends. You must cease use of Boink.

14.7 Survival

The following provisions survive termination: Definitions, Section 3.3 (insofar as it relates to Backups you have already created), Section 7 (Content, Partners, and Privacy), Section 9 (Our Liability to You), Section 10 (Your Liability to Us), Section 11 (Intellectual Property), Section 12 (Confidentiality), Section 13 (Data Protection and Breach Notification), Section 15 (Miscellaneous), and any other provision which by its nature is intended to survive.

15. Miscellaneous

15.1 Assignment

We may transfer our rights and obligations under these Terms to another organisation, including in the context of a sale, merger, or reorganisation. We will notify you in writing if this happens and ensure that the transfer does not reduce your rights under these Terms or under applicable data-protection law.

15.2 No Waiver

If we do not immediately enforce any provision of these Terms, this does not waive our right to do so later.

15.3 Force Majeure

We are not liable for delay or failure to perform our obligations where the delay or failure is caused by events beyond our reasonable control, including natural disasters, war, terrorism, pandemics, power failures, internet outages, government actions, or third-party service failures. If such an event occurs, we will contact you as soon as reasonably practicable and take reasonable steps to minimise the impact.

15.4 Severability

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be deemed deleted to the extent necessary, and the remaining provisions shall continue in full force and effect.

15.5 Entire Agreement

These Terms, together with our Privacy Policy and any consent records generated through the in-app consent flow, constitute the entire agreement between you and us regarding your use of Boink, and supersede all prior agreements and understandings on that subject. Nothing in this clause limits your rights under mandatory consumer law.

15.6 Language

These Terms are provided in English. If we provide a translation for convenience, the English version shall prevail in the event of any conflict, except where mandatory law of your country of residence requires otherwise.

15.7 Governing Law and Jurisdiction

These Terms are governed by the laws of Portugal. If you are a consumer habitually resident in another EU/EEA country, you retain the protections of the mandatory consumer law of your country of residence, and nothing in these Terms overrides those protections.

Disputes arising under or in connection with these Terms shall be submitted to the competent courts of Lisbon, Portugal. If you are a consumer, this does not deprive you of any right to bring proceedings in the courts of your country of habitual residence, or to be sued only in those courts, where mandatory EU law so provides (in particular Regulation (EU) No 1215/2012).

15.8 EU Online Dispute Resolution

The European Commission provides an Online Dispute Resolution (ODR) platform for consumers to resolve disputes out of court: ec.europa.eu/consumers/odr. We are not currently obliged to participate in alternative dispute resolution, but you may use the ODR platform to submit a complaint.

Busyworks Unipessoal Lda (trading as Boink)
Company registration: 515062650
Rua Castilho 32, 4º, 1250-070 Lisboa, Portugal
Email: support@boink.app

These Terms of Use are effective as of 20/04/2026].