Last updated: May 30, 2025
By using Whimly, you agree to these Terms. If you do not agree, do not use the Service.
You must be at least 18 years old to use Whimly. By accessing the Service, you represent and warrant that you are 18 or older.
You agree NOT to: broadcast nudity or sexual content, expose minors to inappropriate content, harass or bully other users, transmit hate speech or discriminatory content, solicit personal information from other users, use bots, scripts, or automated tools, record or capture other users without their consent, or violate any applicable law or regulation.
Whimly has zero tolerance for child sexual abuse material (CSAM). Any violation results in an immediate permanent ban and reports to law enforcement including NCMEC and C3P. If you suspect a minor is using the platform, report it immediately using the in-app report button.
Whimly reserves the right to suspend or permanently ban any user at its sole discretion for violation of these Terms. Users who accumulate multiple reports within a short period may be automatically suspended for up to 7 days. Whimly is not obligated to provide notice or reason for any moderation action. Premium subscribers are subject to reduced automated enforcement but remain bound by all Terms and may be permanently banned for egregious violations.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WHIMLY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHIMLY AND ITS OWNERS, OPERATORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT 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, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE.
IN NO EVENT SHALL WHIMLY'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE EXCEED THE AMOUNT YOU PAID TO WHIMLY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $10.00 CAD, WHICHEVER IS GREATER.
You agree to indemnify, defend, and hold harmless Whimly and its owners, operators, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in any way connected with: (a) your access to or use of the Service; (b) your violation of these Terms; (c) your violation of any third-party right, including without limitation any intellectual property right or privacy right; or (d) any content you transmit through the Service.
Whimly is a real-time communication platform. We do not monitor, moderate, or store user-generated content including video, audio, or chat messages in real time. We are not responsible for any content transmitted between users. All video and audio is peer-to-peer and never stored on our servers. Users interact with strangers entirely at their own risk. Whimly shall not be liable for any harm resulting from user interactions, offensive content, or misuse of the platform by any user.
The Service uses third-party providers including Stripe (payments), ip-api.com (location), Google (STUN servers and fonts), and Nominatim/OpenStreetMap (reverse geocoding). Your use of those services is subject to their respective terms and privacy policies. Whimly is not responsible for the practices of any third-party provider.
Premium costs $19.99 CAD/month and is billed via Stripe. You may cancel at any time. No refunds are issued for partial months. Premium features are provided as described at time of purchase and may be updated. Whimly reserves the right to modify, suspend, or discontinue Premium features with reasonable notice.
These Terms are governed by the laws of the Province of Ontario, Canada, without regard to conflict of law principles. Any dispute arising from or relating to these Terms or the Service shall be resolved by binding arbitration in Ontario, Canada, except that either party may seek injunctive relief in a court of competent jurisdiction. You waive any right to participate in a class action lawsuit against Whimly.
We may update these Terms at any time. Continued use of the Service after changes constitutes acceptance of the new Terms.
Email: whimlyservices@gmail.com
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