Logo

Terms of Service

Whimper — Terms of Use
Last updated : 11 June 2025

These Terms of Use (“Terms”) form a legally-binding agreement between you (“you” or “user”) and Whimper (“Whimper,” “we,” “us,” or “our”). By accessing or using the Whimper mobile application, website, browser extension, or any related services or content (collectively, the “Services”), you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not use the Services.

1. Eligibility

You must be at least 18 years old (or the age of majority where you live, if higher) to create an account or otherwise use the Services. By using Whimper you represent and warrant that you meet this requirement and that you have the legal capacity to enter into these Terms.

2. Our Services

Whimper provides an AI-powered messaging coach that suggests conversational replies based on user-supplied input. The Services are offered for personal, non-commercial entertainment and self-improvement purposes only; professional or life-critical reliance is strictly prohibited.

3. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date above. Continued use of the Services after any change constitutes acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

4. User Accounts & Security

• You may need to register an account to access certain features.
• You are responsible for safeguarding your login credentials and all activity under your account.
• We may reclaim or modify usernames that violate rights or are otherwise objectionable.

5. Purchases, Subscriptions & Billing

If you purchase a paid plan or subscription:

  • You authorise us (or our payment processor) to charge your chosen payment method on a recurring basis until you cancel.

  • Prices, features, and renewal schedules will be disclosed at checkout and may change with prior notice; continued use after a price change indicates consent.

  • You may cancel at any time via the platform through which you subscribed (e.g., App Store / Play Store). Cancellations take effect at the end of the current billing cycle.

6. Intellectual-Property Rights

All right, title, and interest in and to the Services—including software, algorithms, text, graphics, trademarks, and branding—are owned by or licensed to Whimper and are protected by copyright and other laws. Subject to compliance with these Terms, Whimper grants you a limited, revocable, non-exclusive, non-transferable licence to access and use the Services for personal, non-commercial purposes. Except where explicitly allowed, you may not reproduce, distribute, modify, or create derivative works from any part of the Services.

7. User Content

When you input text, images, or other materials (“User Content”) you:

  1. retain ownership of your User Content;

  2. grant Whimper a worldwide, royalty-free licence to host, store, process, translate, display, and otherwise use that User Content to operate, improve, and promote the Services;

  3. represent and warrant that you have all rights necessary to grant this licence and that your User Content does not violate any third-party rights, laws, or these Terms.

8. Prohibited Conduct

You agree not to:

  • Use the Services for harassment, hate speech, or illegal activities;

  • Violate any applicable law or regulation;

  • Attempt to reverse-engineer, scrape, or mine any part of the Service or its underlying code;

  • Upload viruses or malicious code;

  • Infringe another person’s intellectual-property, privacy, or publicity rights;

  • Bypass or interfere with security or access-control mechanisms;

  • Use automated tools (bots, spiders) except as expressly permitted.

9. Privacy

Our separate Privacy Policy explains what data we collect, how we use it, and the choices you have. By using the Services you also agree to that policy.

10. Software Licence & Updates

Any software provided as part of the Services is licensed, not sold. We may automatically download and install updates or patches. You may not copy, modify, distribute, or create derivative works from such software except as allowed by law.

11. Third-Party Links & Content

Whimper may contain links to or integrations with third-party content and services. We do not endorse or assume responsibility for any third-party sites, products, or services. Your dealings with third parties are solely between you and the third party.

12. Termination

We may suspend or terminate your access to the Services at any time, with or without notice, if you violate these Terms or if we discontinue the Services. Upon termination, all licences granted to you terminate immediately. Sections that, by their nature, should survive termination (e.g., Intellectual Property, Disclaimers, Limitation of Liability, Indemnification) will survive.

13. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not guarantee that the Services will be uninterrupted, error-free, or secure, or that any content is accurate or reliable.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WHIMPER WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (a) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY; OR (c) UNAUTHORISED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT—even if WE have been advised of the possibility of such damages. In no event shall our aggregate liability exceed the greater of the amount you paid Whimper in the past 12 months or US $100 (or equivalent).

15. Indemnification

You agree to defend, indemnify, and hold harmless Whimper and its affiliates, directors, officers, employees, and agents from and against any claims, damages, obligations, losses, and expenses (including reasonable attorneys’ fees) arising from: (i) your use of and access to the Services; (ii) your violation of any of these Terms; or (iii) your violation of any third-party right.

16. Governing Law & Dispute Resolution

Unless local law mandates otherwise, these Terms are governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict-of-law rules. Any dispute arising under these Terms will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You and Whimper waive the right to a jury trial and to participate in a class action.

17. Miscellaneous

If any provision of these Terms is held to be unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. These Terms constitute the entire agreement between you and Whimper regarding the Services, superseding any prior agreements or understanding.

18. Contact

Questions or concerns? Email us at support@whimper.app