Terms of Service
Last updated: 1 September 2026
Welcome to Whimly (“we”, “our”, “us”). These Terms of Use (“Terms”) govern your access to and use of the Whimly mobile application and any related services (collectively, the “Service”).
Whimly is designed as a safe, non-explicit creative and conversational service. We maintain a strict zero-tolerance policy toward pornography, nudity, sexually explicit material, sexualized content involving minors, non-consensual sexual content, and sexual deepfakes.
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service.
Age Requirement
Whimly is intended only for adults aged 18 or older. By using the Service, you confirm that you meet this requirement.
Content Safety and Prohibited Sexual Content
Users may not request, create, upload, edit, publish, or share pornography, nudity, sexually explicit content, sexualized content involving minors, non-consensual sexual content, or sexual deepfakes through the Service. This rule applies to text, images, voice, roleplay, public characters, private conversations, and AI-generated content.
To enforce this policy, Whimly uses automated content-safety filters, AI-provider safeguards, moderation and reporting processes, and account-level enforcement. Prohibited content may be blocked, rejected, removed, or reported, and accounts may be suspended or terminated for violations or attempts to bypass these controls.
Whimly uses reputable third-party AI providers and models with content-safety policies and controls. Because automated systems are not infallible, no filter or model can guarantee that every prohibited prompt, response, or image will always be prevented.
1. Changes to the Terms
We may update these Terms from time to time. When we make material changes, we will notify you in-app or by e-mail at least seven (7) days before the new Terms take effect. Continuing to use the Service after the effective date constitutes acceptance of the revised Terms.
2. Privacy
Your privacy is important to us. Please review our Privacy Policy (available in the app) to understand how we collect, use, and safeguard your information.
3. Account and Authentication
- When you first open Whimly, the app assigns an anonymous identifier to your device; no username, password, or e-mail is required inside the app.
- You are responsible for all activity that occurs through your instance of the Service. Do not share your device in a manner that violates these Terms.
4. Subscriptions & Purchases
Whimly offers optional premium subscriptions that unlock additional features or usage limits.
- All purchases are processed through the Apple App Store or Google Play Store.
- Prices, billing cycles, and renewal terms are shown in-app before purchase.
- Subscriptions renew automatically unless you cancel at least 24 hours before the end of the current period. You can manage or cancel a subscription at any time in your platform account settings.
- Refunds follow the refund policies of the platform store through which you made the purchase.
5. User-Generated Content
5.1 Public Characters
When you create a character (name, image, backstory, prompts, etc.), it becomes public and can be viewed by all Whimly users.
Public characters are retained indefinitely. Even if you delete your account, your characters will remain visible for continuity within the Whimly community.
5.2 Private Messages
Your conversations with characters are private and cannot be viewed by other users. You may delete them at any time via Settings → “Clear All Messages.”
Deleting your account removes your private messages from our servers, but it does not delete your public characters.
5.3 Your Licence to Us
By posting content on or through the Service you grant Whimly a worldwide, non-exclusive, royalty-free licence to host, display, reproduce, and distribute that content solely to operate and improve the Service. You retain ownership of your content.
5.4 Prohibited Content
You agree not to upload, create, or share content that:
- violates any law or third-party right;
- contains pornography, nudity, or sexually explicit material;
- sexualizes minors, depicts non-consensual sexual content, or contains sexual deepfakes;
- glorifies violence or hatred toward protected groups;
- discloses personal data of others without consent;
- infringes intellectual-property rights;
- attempts to bypass or disable our safety controls;
- contains malware or otherwise disrupts the Service.
We may remove or restrict any content that we believe violates these Terms.
5.5 Moderation & Enforcement
User-generated content, including character names, backstories, prompts, images, and messages, may be screened using automated safety systems and moderation procedures. Content that violates these Terms may be blocked before publication, rejected, removed, or reported. We may also suspend or terminate access under Section 8 for violations or attempts to bypass our safety controls.
6. Intellectual Property
Whimly and all original content (excluding user content), features, and branding are and remain the exclusive property of Whimly and its licensors. You may not use our trademarks or trade dress without prior written consent.
7. AI Disclaimer
Content generated by the Service is produced by artificial-intelligence models and may be inaccurate, incomplete, or inappropriate. Use it at your own discretion. We do not guarantee the correctness, legality, or fitness for any specific purpose of AI-generated content.
8. Suspension & Termination
We may suspend or terminate your access to the Service at any time, without prior notice, if we reasonably believe you have violated these Terms or any applicable law. Upon termination, the licence granted to you in these Terms will cease, but Sections 5, 6, 7, 9, and 11 will survive.
9. Disclaimers & Limitation of Liability
The Service is provided “as is” and “as available.” To the fullest extent permitted by law, Joy AI disclaims all warranties, including merchantability, fitness for a particular purpose, and non-infringement. Joy AI shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, arising out of or related to your use of the Service.
10. Governing Law & Dispute Resolution
These Terms, and any dispute or claim relating to them or to the Service, shall be resolved by the competent courts of your place of residence unless mandatory provisions of applicable law provide otherwise. Nothing in this section limits your statutory rights.
11. Miscellaneous
- Entire Agreement – These Terms constitute the entire agreement between you and Whimly regarding the Service and supersede any prior agreements.
- Severability – If any provision is held unenforceable, the remaining provisions will remain in effect.
- No Waiver – Our failure to enforce any right or provision is not a waiver of that right or provision.
12. Contact
Questions about these Terms? Please contact:
Whimly
E-mail: mestudiosapp@gmail.com
