Terms of Service

Last Updated: December 7, 2025

1. Agreement to Terms

By creating an account, accessing, or using the Whimzi mobile application, website, or any related services (collectively, the "Services"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and Whimzi LLC, a Texas limited liability company ("Whimzi," "Company," "we," "us," or "our").

If you do not agree to these Terms, you must not access or use the Services.

By using the Services, you represent and warrant that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

2. Eligibility and Geographic Restrictions

2.1 Age Requirement

The Services are intended solely for users who are eighteen (18) years of age or older. By accessing or using the Services, you represent and warrant that you are at least eighteen (18) years old. We do not knowingly collect, solicit, or permit registration from individuals under the age of eighteen (18). If we discover that a user is under eighteen (18) years of age, we will immediately terminate their account and delete all associated data.

2.2 Geographic Limitation

The Services are intended for use exclusively within the United States of America. By accessing or using the Services, you represent and warrant that you are physically located in the United States at the time of access. We make no representations that the Services are appropriate, available, or legally compliant for use in any other jurisdiction. Users who access the Services from outside the United States do so at their own risk and are solely responsible for compliance with all applicable local laws.

2.3 Capacity

By agreeing to these Terms, you represent and warrant that you have the legal capacity to enter into a binding contract in your jurisdiction of residence.

3. Account Registration and Security

3.1 Account Creation

To access certain features of the Services, you must create an account by providing accurate, current, and complete information as prompted during the registration process. You agree to update your account information promptly to maintain its accuracy.

3.2 Account Credentials

You are solely responsible for maintaining the confidentiality of your login credentials, including your password. You agree to:

  • Create a strong, unique password;
  • Not share your account credentials with any third party;
  • Notify us immediately at [email protected] of any unauthorized access to or use of your account; and
  • Accept full responsibility for all activities that occur under your account.

3.3 Account Security

We reserve the right to disable, suspend, or terminate any account at any time if we reasonably believe that you have violated these Terms or that your account has been compromised.

3.4 One Account Per User

Each user may maintain only one (1) active account. Creating multiple accounts is prohibited and may result in the termination of all associated accounts.

4. User-Generated Content

4.1 Definition

"User Content" means any content that users submit, post, upload, share, or otherwise make available through the Services, including but not limited to text, photographs, images, profile information, comments, messages, quiz results, group posts, hobby discussions, and any other materials.

4.2 License Grant to Whimzi

By submitting, posting, or displaying User Content on or through the Services, you grant Whimzi a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content in connection with operating and providing the Services, and promoting or redistributing part or all of the Services.

This license includes the right to:

  • Display your User Content to other users of the Services;
  • Store your User Content on our servers and those of our service providers;
  • Modify or adapt your User Content for technical purposes (e.g., formatting for different devices); and
  • Use your User Content in aggregate or anonymized form for analytics, research, and service improvement.

4.3 License Duration

The license granted in Section 4.2 shall survive termination of your account, except that:

  • For User Content you delete from the Services, the license will terminate within a commercially reasonable time after deletion, subject to:
    • Technical backup and archival retention;
    • Legal preservation requirements; and
    • Continued display where your content was shared by other users prior to deletion.

4.4 Your Representations Regarding User Content

You represent and warrant that:

  • You own all rights to your User Content or have obtained all necessary permissions, licenses, and authorizations to grant the rights described herein;
  • Your User Content does not infringe, misappropriate, or violate any third party's intellectual property rights, privacy rights, publicity rights, or other proprietary or personal rights;
  • Your User Content does not contain any material that is unlawful, defamatory, libelous, harassing, abusive, threatening, harmful, obscene, or otherwise objectionable; and
  • Your User Content complies with all applicable laws, rules, and regulations.

4.5 No Obligation to Monitor or Store

We have no obligation to monitor, store, or maintain any User Content. You are solely responsible for creating backup copies of any User Content you submit to the Services.

4.6 User Content Removal

We reserve the right, but have no obligation, to review, screen, edit, refuse to post, or remove any User Content at our sole discretion, for any reason or no reason, including User Content that we determine violates these Terms or our Community Guidelines.

5. Community Guidelines and Acceptable Use

5.1 General Conduct

You agree to use the Services in a manner consistent with all applicable laws and regulations. You shall not use the Services to:

Illegal Activity

  • Engage in any activity that is illegal under federal, state, or local law;
  • Facilitate, promote, or encourage illegal activity by others;
  • Violate any applicable export control laws or sanctions.

Harmful Conduct

  • Harass, bully, intimidate, threaten, or abuse any individual or group;
  • Stalk or engage in unwanted contact with other users;
  • Engage in any form of discrimination based on race, ethnicity, national origin, religion, sex, gender, sexual orientation, age, disability, or any other protected characteristic;
  • Post content that promotes violence, self-harm, or suicide.

Deceptive Conduct

  • Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity;
  • Create false or misleading accounts;
  • Spread misinformation, disinformation, or engage in deceptive practices;
  • Engage in phishing, social engineering, or fraud.

Content Violations

  • Post sexually explicit, pornographic, or obscene content;
  • Post content depicting or promoting child exploitation or abuse;
  • Post content that glorifies violence, terrorism, or extremism;
  • Post "hate speech" targeting individuals or groups based on protected characteristics;
  • Post spam, unsolicited advertising, or promotional materials.

Technical Violations

  • Attempt to gain unauthorized access to the Services, other user accounts, or computer systems;
  • Interfere with or disrupt the Services or servers;
  • Use automated scripts, bots, or other automated means to access the Services;
  • Reverse engineer, decompile, or disassemble any portion of the Services;
  • Circumvent, disable, or interfere with security-related features.

Commercial Violations

  • Use the Services for unauthorized commercial purposes;
  • Sell, trade, or transfer your account to another person;
  • Collect or harvest user information without authorization.

5.2 Reporting Violations

We encourage users to report any content or conduct that violates these Terms or our Community Guidelines by using the in-app reporting feature or by contacting us at [email protected]. We will review all reports and take appropriate action in our sole discretion.

5.3 Enforcement

Violation of these Terms or our Community Guidelines may result in:

  • Warning or notice;
  • Temporary suspension of account privileges;
  • Permanent termination of your account;
  • Removal of User Content;
  • Reporting to law enforcement authorities; and/or
  • Legal action.

We reserve the right to take any action we deem appropriate, in our sole discretion, to enforce these Terms and protect the integrity of the Services and our user community.

6. Messaging and Communications

6.1 User-to-User Messaging

The Services may include features that allow you to send and receive private messages with other users. By using these features, you acknowledge and agree that:

  • You are solely responsible for the content of messages you send;
  • Recipients of your messages may retain, copy, or share your messages;
  • We may retain message content for safety, legal compliance, and service operation purposes; and
  • Message delivery is not guaranteed.

6.2 Consent to Communications

By creating an account, you consent to receive:

  • Messages from other users through the Services;
  • Service-related communications from Whimzi (e.g., account notifications, security alerts, announcements); and
  • Promotional communications from Whimzi (from which you may opt out).

7. Intellectual Property Rights

7.1 Whimzi Ownership

The Services and all content, features, and functionality thereof—including but not limited to all text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the compilation thereof—are owned by Whimzi LLC, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

7.2 Limited License to Users

Subject to your compliance with these Terms, Whimzi grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your personal, non-commercial purposes.

7.3 Restrictions

You may not:

  • Copy, modify, or distribute any portion of the Services without prior written permission;
  • Use any Whimzi trademarks, logos, or service marks without prior written permission;
  • Frame or mirror any portion of the Services;
  • Create derivative works based on the Services; or
  • Use the Services to develop competing products or services.

7.4 Trademarks

"Whimzi," the Whimzi logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Whimzi LLC. You may not use such marks without our prior written permission.

8. Digital Millennium Copyright Act (DMCA)

8.1 DMCA Compliance

We respect the intellectual property rights of others and expect our users to do the same. We will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws.

8.2 Filing a DMCA Notice

If you believe that your copyrighted work has been copied and is accessible on the Services in a way that constitutes copyright infringement, please provide our designated DMCA agent with a written notice containing the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
  2. Identification of the copyrighted work claimed to have been infringed;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material (e.g., URL);
  4. Your contact information, including address, telephone number, and email address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

8.3 DMCA Agent

Our designated DMCA agent for notice of claims of copyright infringement is:

DMCA Agent
Whimzi LLC
5473 Blair Rd Ste 100 No 250421
Dallas, TX 75231
Email: [email protected]

8.4 Counter-Notification

If you believe that your User Content was removed or disabled by mistake or misidentification, you may submit a counter-notification to our DMCA agent containing the information required under 17 U.S.C. § 512(g).

8.5 Repeat Infringers

We will terminate the accounts of users who are determined to be repeat infringers in appropriate circumstances.

9. Third-Party Content and Services

9.1 Third-Party Links

The Services may contain links to third-party websites, applications, or services that are not owned or controlled by Whimzi. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

9.2 Third-Party Services

Certain features of the Services may rely on third-party services, APIs, or integrations. Your use of such third-party services may be subject to additional terms and conditions.

9.3 Disclaimer

We do not endorse or assume any responsibility for any third-party content, products, or services. Your interactions with third parties are solely between you and such third parties.

10. Affiliate Disclosure

Some content on the Services may include affiliate links. If you click an affiliate link and make a purchase, we may receive a commission at no additional cost to you. This does not influence our recommendations or editorial content. Please see our Privacy Policy for more information about affiliate tracking.

11. Disclaimers

11.1 "As Is" and "As Available"

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WHIMZI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

11.2 No Warranty of Uninterrupted Service

WE DO NOT WARRANT THAT:

  • THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
  • THE RESULTS OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE;
  • THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; OR
  • ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

11.3 User Content Disclaimer

WE DO NOT ENDORSE, SUPPORT, REPRESENT, OR GUARANTEE THE COMPLETENESS, TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY USER CONTENT OR COMMUNICATIONS POSTED VIA THE SERVICES. YOU UNDERSTAND THAT BY USING THE SERVICES, YOU MAY BE EXPOSED TO USER CONTENT THAT MIGHT BE OFFENSIVE, HARMFUL, INACCURATE, OR OTHERWISE INAPPROPRIATE.

11.4 Assumption of Risk

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICES.

12. Limitation of Liability

12.1 Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WHIMZI LLC, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WHIMZI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF WHIMZI LLC FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF:

  • ONE HUNDRED DOLLARS ($100.00 USD); OR
  • THE AMOUNT YOU PAID TO WHIMZI, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12.3 Basis of the Bargain

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WHIMZI AND YOU.

13. Indemnification

You agree to defend, indemnify, and hold harmless Whimzi LLC and its affiliates, directors, officers, employees, agents, partners, suppliers, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorneys' fees) arising from:

  • Your use of and access to the Services;
  • Your violation of these Terms;
  • Your violation of any third-party right, including any intellectual property, privacy, or proprietary right;
  • Your User Content; or
  • Any claim that your User Content caused damage to a third party.

This indemnification obligation shall survive the termination of these Terms and your use of the Services.

14. Dispute Resolution

14.1 Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

14.2 Jurisdiction and Venue

Subject to Section 14.3, you agree that any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in Dallas County, Texas. You hereby consent to the personal jurisdiction and venue of such courts and waive any objection based on inconvenient forum.

14.3 Informal Resolution

Before filing any claim, you agree to attempt to resolve any dispute informally by contacting us at [email protected]. We will attempt to resolve the dispute informally by contacting you via email. If a dispute is not resolved within thirty (30) days of submission, either party may proceed to formal dispute resolution.

15. Termination

15.1 Termination by You

You may terminate your account at any time by using the account deletion feature within the Services or by contacting us at [email protected].

15.2 Termination by Whimzi

We may suspend or terminate your account and your access to the Services at any time, without prior notice or liability, for any reason, including but not limited to:

  • Violation of these Terms;
  • Conduct that we determine, in our sole discretion, is harmful to other users, us, or third parties;
  • Requests by law enforcement or government agencies;
  • Extended periods of inactivity; or
  • Discontinuation or material modification of the Services.

15.3 Effect of Termination

Upon termination of your account:

  • Your right to access and use the Services will immediately cease;
  • We may delete your account information and User Content;
  • Sections 4.2, 4.3, 7, 11, 12, 13, 14, and 16 shall survive termination.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the Services, constitute the entire agreement between you and Whimzi concerning your use of the Services.

16.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

16.3 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any failure by Whimzi to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer these Terms or your rights hereunder, in whole or in part, without our prior written consent. We may assign these Terms at any time without notice to you.

16.5 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

16.6 Notices

We may provide notices to you via email, posting on the Services, push notification, or other reasonable means. You may provide notices to us by email at [email protected] or by mail to the address below.

16.7 Force Majeure

Whimzi shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

17. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will provide notice through the Services or by other means. The "Last Updated" date at the top of these Terms indicates when the most recent revisions were made.

Your continued use of the Services after any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Services and terminate your account.

18. Contact Information

If you have any questions, concerns, or requests regarding these Terms, please contact us:

Whimzi LLC
5473 Blair Rd Ste 100 No 250421
Dallas, TX 75231
United States

Email: [email protected]

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

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