Terms & Conditions

Last updated: March 12, 2026

These Terms and Conditions ("Terms") apply to all applications we develop and publish ("our apps"), including Whimsy. By downloading, installing, or using our apps, you agree to these Terms. If you do not agree, do not use our apps.

1. Nature of Our Applications

Our applications are general-purpose software tools. We do not collect, request, store, or process any information related to race, ethnicity, national origin, religion, political affiliation, philosophical beliefs, trade union membership, genetic data, biometric data, health data, sexual orientation, or any other protected or sensitive characteristics. Our apps do not discriminate on any basis. We do not target, segment, or personalize content based on such characteristics. Any such information, if inadvertently provided by you, is not used by us and we assume no responsibility for it. Our apps are designed to be neutral and accessible to all users regardless of background.

2. Acceptance of Terms

By using our applications, you confirm that you have read, understood, and agree to be bound by these Terms. You use our apps at your own risk. We reserve the right to refuse service to anyone.

3. Use of Our Applications

You agree to use our applications only for lawful purposes. You must not:

• Use the apps in any way that violates applicable laws or regulations
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the apps or servers
• Use the apps to transmit any harmful, malicious, or illegal content
• Reverse engineer, decompile, or attempt to extract source code from our apps

You are solely responsible for your use of our apps and any content you create or share. We assume no liability for your conduct.

4. Intellectual Property

All content, features, and functionality of our applications are owned by us and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

5. Disclaimer of Warranties

OUR APPLICATIONS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the apps will be uninterrupted, error-free, secure, or free of harmful components. We do not warrant the accuracy, reliability, or completeness of any content. You use our apps entirely at your own risk.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM YOUR USE OF OR INABILITY TO USE OUR APPS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall our total liability exceed the amount you paid to use our apps, if any, in the twelve months preceding the claim, or one hundred dollars (USD 100), whichever is less. Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above may not apply to you.

7. Indemnification

You agree to indemnify, defend, and hold harmless us, our affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from your use of our apps, your violation of these Terms, or your violation of any third-party rights. We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you.

8. Third-Party Content and Services

Our apps may contain links to or integrate with third-party content and services. We do not endorse, control, or assume responsibility for any third-party content or services. Your use of third-party content or services is at your own risk.

9. Changes to Terms

We may modify these Terms at any time. Changes take effect upon posting. Continued use of our apps after changes constitutes acceptance. We are not obligated to provide individual notice. Your continued use after changes constitutes acceptance of the new Terms.

10. Termination

We may terminate or suspend your access to our applications at any time, without prior notice or liability, for any reason, including conduct that we believe violates these Terms or is harmful to other users or us. Upon termination, your right to use our apps ceases immediately. Sections that by their nature should survive termination (including Limitation of Liability, Indemnification, and Governing Law) shall survive.

11. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of the Cayman Islands, without regard to conflict of law principles. Any disputes, claims, or controversies arising from these Terms or your use of our apps shall be resolved exclusively in the courts of the Cayman Islands, and you irrevocably submit to the exclusive jurisdiction of such courts. You waive any right to a jury trial and to participate in a class action or representative proceeding. You agree that any dispute resolution shall be conducted on an individual basis only. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

12. Severability and Waiver

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the remaining provisions, which shall remain in full force and effect. Our failure or delay in enforcing any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

13. Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and us regarding our apps and supersede all prior agreements, understandings, and communications, whether written or oral. No amendment to these Terms shall be effective unless in writing and signed by us, or unless we post an updated version and you continue to use our apps thereafter.

14. Assignment and No Agency

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and us.

15. Force Majeure

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