Terms of Service

Last updated: 31 May 2025

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”).

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.

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;
depicts sexual content involving minors or non-consensual acts;
glorifies violence or hatred toward protected groups;
discloses personal data of others without consent;
infringes intellectual-property rights;
contains malware or otherwise disrupts the Service.

We may remove or restrict any content that we believe violates these Terms.

5.5 Moderation & Enforcement

All character names and backstories are automatically reviewed using internal moderation tools to ensure compliance with these Terms. Content that includes sexual material or any other prohibited content may be rejected or removed, and the related character will not be published. We may also suspend or terminate access under Section 8 if violations persist.

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: mestudiospp@gmail.com