End User License Agreement

1. Introduction and Acceptance of Terms

This End User License Agreement (End User License Agreement, hereinafter — the “Agreement” or “EULA”) is a legally binding agreement between you (hereinafter — the “User”, “you”, “your”) and Whimscope, LLC, a limited liability company organized and existing under the laws of the State of Delaware, United States of America (hereinafter — the “Company”, “we”, “us”, “our”).

This Agreement governs your access to and use of the WHIMSCOPE, as well as any related services, features, content, and functionalities (collectively, the “Application” or the “Service”).

By downloading, installing, registering for, accessing, or otherwise using the Application, you confirm that you:

have read and reviewed the terms of this Agreement;
understand these terms;
agree to be bound by this Agreement.

If you do not agree with any part of this Agreement, you are not permitted to download, install, or use the Application.

This Agreement applies to all users of the Application, including individuals who:

browse or use the Application’s features;
create an account;
generate, publish, or distribute content;
participate in activities or events offered through the Application;
interact with other users through the Service.

The Company reserves the right to modify or update this Agreement from time to time. Your continued use of the Application after such changes constitutes your acceptance of the updated version of the Agreement.

2. Grant of License

Subject to your compliance with this Agreement, the Company grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the WHIMSCOPE solely for your personal, non-commercial purposes on devices that you own or control.

This license is granted only for the use of the Application in accordance with its intended purpose and functionality and does not constitute a transfer of any ownership rights to the software or the Company’s intellectual property.

Without the Company’s prior written consent, the User is prohibited from:

copying, modifying, or creating derivative works based on the Application;
decompiling, reverse engineering, or otherwise attempting to derive the source code of the Application;
selling, licensing, sublicensing, transferring, leasing, or otherwise distributing the Application to any third parties;
using the Application for commercial purposes, unless expressly authorized by the Company;
circumventing, disabling, or otherwise interfering with any security-related features of the Application.

The User shall not use the WHIMSCOPE software in any manner that violates this End User License Agreement, the Terms of Use, or any other WHIMSCOPE policies.

All rights not expressly granted to you under this Agreement are reserved by the Company.

3. User Eligibility Requirements

By using the Application, you represent and warrant that:

you are at least 13 years of age;
you have full legal capacity and authority to enter into a legally binding agreement;
your use of the Application does not violate any applicable laws or the rights of any third parties.

If you are between 13 and 18 years of age, you may use the WHIMSCOPE only under the supervision and with the consent of your parent or legal guardian. By using the Application, you confirm that such consent has been obtained.

Individuals under the age of 13 are not permitted to use the Application or create an account.

The Company reserves the right to:

request verification of a user’s age;
restrict or terminate access to the Application in case of any violation of these requirements.

If the Company becomes aware that an account has been created by a person under the age of 13, such account may be immediately deleted.

4. User Account

To access certain features of the Application, you may be required to create a user account.

During registration, you agree to provide accurate, current, and complete information and to keep such information up to date. You are responsible for the accuracy of the data you provide.

You are solely responsible for maintaining the confidentiality of your account credentials, including your password, as well as for all activities that occur under your account.

In the event of any unauthorized use of your account or any other security breach, you must immediately notify the Company.

The Company shall not be liable for any loss or damage arising from unauthorized access to your account if such access results from your failure to comply with security requirements.

The Company reserves the right, at its sole discretion, to:

suspend or restrict access to the account;
delete accounts;
refuse registration of new users,

if it determines that there has been a violation of this Agreement, applicable law, or the rules governing the use of the WHIMSCOPE.

5. Artificial Intelligence-Generated Content

The Application may use artificial intelligence technologies to automatically generate activity ideas, tasks, recommendations, descriptions, or other informational content (hereinafter — “AI Content”).

The User understands and agrees that AI Content is generated by automated algorithms and may:

be inaccurate, incomplete, or unsuitable for certain situations;
not take into account individual circumstances, health conditions, physical abilities, or other factors;
include recommendations that may be inappropriate or undesirable for certain users.

The Company does not guarantee the accuracy, safety, suitability, or usefulness of any AI Content.

Any decisions regarding participation in activities, completion of tasks, or use of recommendations provided by the Application are made solely by the User at their own risk.

The Application provides informational and entertainment content only. AI Content does not constitute professional advice, safety instructions, or mandatory recommendations.

The Company shall not be liable for any consequences arising from the use or execution of AI Content generated within the WHIMSCOPE.

6. User-Generated Content

The Application may allow users to create, publish, upload, or otherwise distribute content, including text, images, videos, activity descriptions, comments, or other materials (hereinafter — “User Content”).

The User is solely responsible for any User Content that they create, publish, or distribute through the Application.

By posting User Content, you represent and warrant that:

you have all necessary rights, permissions, and authority to publish such content;
your content does not infringe any intellectual property rights, privacy rights, or other rights of any third parties;
your content does not violate any applicable laws.

By posting User Content through the Application, you grant the Company a non-exclusive, royalty-free, worldwide license to use, reproduce, display, distribute, adapt, and otherwise utilize such content solely for the purpose of operating, developing, and promoting the WHIMSCOPE.

The Company does not pre-moderate User Content and is not responsible for its content.

However, the Company reserves the right, at its sole discretion, to:

remove any User Content;
restrict access to such content;
suspend or delete user accounts,

if such content violates this Agreement, applicable law, or the rights of third parties.

7. Prohibited Activities

By using the Application, you agree not to use it for any activity that:

violates applicable laws or the rights of third parties;
may create a risk to the life, health, or property of others;
facilitates or encourages illegal, dangerous, or harmful behavior;
contains insults, threats, harassment, bullying, or other forms of abuse toward other users;
contains materials that infringe intellectual property rights;
contains false, misleading, or fraudulent information;
is used for sending spam, unsolicited advertising, or other forms of mass messaging;
is used to organize unlawful events or activities.

Users are also prohibited from:

posting or distributing content that contains violence, promotes self-harm or harm to others, or is otherwise dangerous;
using the Application to harass, intimidate, or mislead other users;
attempting to gain unauthorized access to the Application, other users’ accounts, or the Service’s technical infrastructure;
interfering with or disrupting the operation of the Application WHIMSCOPE.

The Company reserves the right, at its sole discretion, to:

remove content that violates these rules;
restrict or terminate users’ access to the Application;
take other measures necessary to ensure user safety and the proper functioning of the Service;
prevent the use of the Application for organizing or promoting dangerous, illegal, or extreme activities that may pose a serious risk to human life, health, or safety.

8. Disclaimer of Liability for Physical Activities and Risks

By using the Application, you acknowledge and agree that any participation in activities, tasks, or events suggested through the Application is undertaken entirely at your own risk.

The Company shall not be liable for:

any injury, physical harm, or death that may occur during the performance of activities;
any damage to personal or third-party property that may occur during activities;
any consequences arising from interactions with other users of the Application;
any other risks associated with participation in activities, tasks, meetings, or events suggested through the Application.

The User confirms that:

they have the appropriate physical ability and health condition to participate in the suggested activities;
they assume full responsibility for assessing risks before participating in any activity;
they understand that the Application may suggest activities involving physical exertion, outdoor exposure, travel, or interaction with other individuals.

The Company does not guarantee the safety, accuracy, or suitability of any activities suggested through the Application and does not verify users or their intentions when organizing offline meetings or activities.

All decisions regarding participation in any activities are made voluntarily by the User and at their own risk.

The User acknowledges that they voluntarily accept all risks associated with participation in any activities, meetings, or events organized through the Application.

To the maximum extent permitted by applicable law, the User agrees to release the Company from any and all claims, demands, or liability arising out of injuries, property damage, or other consequences resulting from participation in such activities.

9. User Interactions and Offline Meetings

The Application enables users to interact with other users and to organize or join activities, events, or meetings both online and offline.

The User agrees that:

the Company does not verify users and does not guarantee their safety, identity, reliability, or intentions;
participation in any meetings, activities, or events with other users is undertaken entirely at the User’s own risk;
the User is solely responsible for their own actions and the consequences of their decisions when interacting with other users;
the Company shall not be liable for any injury, property damage, emotional distress, or other harm arising from interactions with other users or participation in offline activities.

The User agrees to:

follow safety rules and exercise reasonable judgment when participating in activities;
not use the Application for organizing illegal, dangerous, or aggressive events;
respect the rights and safety of other users.

The Company reserves the right to restrict or block a user’s access to the Service if it identifies a violation of these rules or a potential threat to the safety of other users.

The Company does not control, monitor, or assume responsibility for the behavior of Users either within or outside the Application.

The User interacts with other users at their own risk and is solely responsible for assessing the safety of any meetings, events, or activities.

To the maximum extent permitted by applicable law, the Company shall not be liable for any actions, omissions, damages, or losses caused by other users of the Application.

10. Payments and Subscriptions

Certain features of the Application may be provided on a paid subscription basis or as one-time purchases (hereinafter — “Paid Services”).

10.1. Payment and Subscription

You agree to pay for all Paid Services in accordance with the prices displayed within the Application at the time of purchase.
Subscriptions may automatically renew for the same period unless you cancel them in accordance with your account settings.
The Company reserves the right to modify the pricing of Paid Services, with prior notice provided to you.

10.2. Refunds

Refund terms are governed separately by the Subscription and Refund Policy, which constitutes an integral part of this Agreement.
The Company does not guarantee refunds unless the conditions set out in the Subscription and Refund Policy are met.

10.3. Payment Systems

Payments for Paid Services are processed through payment systems integrated into the Application, including Apple App Store and Google Play.
You agree to comply with the terms and policies of the respective payment platform used for the transaction.

10.4. Disclaimer Regarding Paid Services

The Company does not guarantee that Paid Services will be uninterrupted, error-free, or fully meet your expectations.
In the event of technical issues or service disruptions, the Company will make reasonable efforts to resolve them but shall not be liable for temporary unavailability of Paid Services within the WHIMSCOPE.

11. Intellectual Property

All content and materials within the Application, including but not limited to:

code, algorithms, software, and AI functionality;
design, graphics, user interface, logos, trademarks, and branding;
text, audio, video, images, and other content created or licensed by the Company;(together — “Intellectual Property”) are the exclusive property of Whimscope, LLC or its licensors.

The User is granted only a limited license to use the Application in accordance with the terms of this Agreement.

This license does not transfer any ownership rights or any rights to use the Intellectual Property for commercial or other purposes, except as expressly permitted under this Agreement.

It is prohibited, without the prior written consent of the Company, to:

copy, modify, or create derivative works based on the Application or any part of its Intellectual Property;
sell, distribute, license, or transfer the Intellectual Property to any third parties;
reverse engineer, decompile, or otherwise attempt to derive the source code or algorithms of the Application.

The Company reserves all rights not expressly granted to the User under this Agreement.

12. Third-Party Services and Integrations

12.1. General Interaction with Third Parties

The Application may integrate with or use third-party services, including but not limited to:

payment systems (Apple App Store, Google Play, Stripe, etc.);
analytics and statistical data collection services;
third-party APIs or SDKs;
advertising networks and partner services.

The User agrees that:

the Company is not responsible for the operation, accuracy, availability, or reliability of any third-party services;
the use of third-party services may be subject to separate terms and policies, which the User is responsible for reviewing and accepting;
the Company is not liable for any loss, data breach, or privacy issues that may arise from the use of third-party services.

The Company reserves the right to add, disable, or modify integrations with third-party services at its sole discretion without prior notice to users.

12.2. App Stores

If the Application is downloaded or installed through a third-party app marketplace, including the Apple App Store or Google Play, the User agrees to the following:

12.2.1. This Agreement is concluded solely between the User and the Company, and not with the app store operator.

12.2.2. The app store operator is not responsible for the Application, its functionality, maintenance, or support.

12.2.3. To the extent permitted by applicable law, the app store operator makes no warranties regarding the Application.

12.2.4. In the event of any claims related to the Application (including but not limited to compliance with laws, intellectual property rights, or consumer protection issues), such responsibility lies solely with the Company and not with the app store operator.

12.2.5. The User acknowledges that the app store operator is a third-party beneficiary of this Agreement and has the right to enforce its terms insofar as they relate to its rights.

13. Privacy

The Company respects users’ right to privacy and is committed to ensuring appropriate protection of personal data.

The collection, use, storage, and processing of users’ personal data are carried out in accordance with the Privacy Policy of the Application.

The Privacy Policy is an integral part of this Agreement and describes, among other things:

what data may be collected while using the Application;
how such data is used;
in which cases data may be shared with third parties;
what rights users have regarding their personal data.

By using the Application, the User confirms that they:

have read the Privacy Policy;
understand the terms of personal data processing;
agree to the processing of data in accordance with the Privacy Policy.

The Company implements reasonable technical and organizational measures to protect personal data; however, it cannot guarantee the absolute security of any information transmitted over the internet or through electronic systems.

14. Disclaimer of Warranties

The Application and all related services are provided on an “as is” and “as available” basis without any warranties of any kind, whether express or implied.

To the maximum extent permitted by applicable law, the Company disclaims all warranties, including but not limited to:

warranties of fitness for a particular purpose;
warranties of uninterrupted or error-free operation of the Application;
warranties of accuracy, reliability, or completeness of any content;
warranties that the Application will meet the User’s expectations.

The Company does not warrant that:

the Application will operate continuously or without technical errors;
any defects or errors will be corrected promptly;
the Application or its servers are free of viruses or other harmful components.

Any use of the Application, including use of AI Content, recommendations, or materials, is at the User’s own risk.

The Company makes no warranties regarding any results that may be obtained from the use of the Application.

15. Limitation of Liability

To the maximum extent permitted by applicable law, the Company, its founders, directors, employees, contractors, partners, and affiliates shall not be liable for any:

indirect, incidental, special, or consequential damages;
loss of profit, revenue, data, opportunities, or reputation;
damages related to the use of or inability to use the Application;
damages arising from interactions with other users;
damages arising from participation in any activities or events organized through the Application.

This limitation applies regardless of whether the Company has been advised of the possibility of such damages.

In any case, the total liability of the Company for any claims related to the use of the Application shall not exceed the total amount actually paid by the User to the Company for the use of the Application during the six (6) months preceding the event giving rise to the claim.

If the User has not made any payments for the use of the Application, the Company’s maximum liability shall be limited to the minimum amount permitted by applicable law.

Some jurisdictions do not allow the exclusion or limitation of certain types of liability; therefore, some of the above limitations may not apply to certain users in those jurisdictions.

The Company implements security measures described in its Security and Incident Response Policy; however, it does not guarantee that the Application will be free from vulnerabilities or security breaches.

16. Indemnification

The User agrees to defend, indemnify, and hold harmless the Company, its founders, directors, employees, contractors, partners, and affiliates from and against any and all claims, demands, actions, damages, losses, costs, or liabilities (including reasonable legal fees) arising out of or in connection with:

the User’s use of the WHIMSCOPE;
the User’s breach of this Agreement or any other Company policies;
the User’s violation of any third-party rights, including intellectual property rights, privacy rights, or other legal rights;
any content, materials, or information that the User posts, uploads, or otherwise distributes through the Application;
the User’s organization, participation, or interaction in any activities, events, or meetings created or arranged through the Application.

The User also agrees to indemnify the Company for any damages or expenses arising from third-party claims related to the User’s acts or omissions while using the Application.

The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by the User, in which case the User agrees to fully cooperate with the Company in the defense of such matter.

17. Termination of License

This License remains in effect until terminated by either the User or the Company.

The Company may, at its sole discretion and without prior notice, suspend or terminate this License and the User’s access to the Application, in whole or in part, if:

the User breaches any provision of this End User License Agreement (EULA);
the User violates the Terms of Use, Community Guidelines, or any other Company policies;
the User’s conduct creates risks or potential legal liability for the Company or other users;
the User uses the Application in a manner that violates applicable law.

Upon termination of the License, the User must immediately cease using the Application.

The Company may also:

restrict or block the User’s account access;
remove or restrict access to any content posted by the User within the Application;
take any other measures necessary to ensure the security of the Application or compliance with applicable law.

Termination of this License does not limit any other rights or legal remedies available to the Company under applicable law.

Any provisions of this Agreement that, by their nature, should survive termination shall remain in effect, including but not limited to provisions relating to intellectual property, limitation of liability, indemnification, and dispute resolution.

18. Governing Law

This End User License Agreement, as well as any disputes, claims, or controversies arising out of or in connection with it, shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law principles.

The User agrees that any disputes related to this Agreement or the use of the Application shall be resolved in accordance with the applicable law specified in this section.

Unless otherwise provided in a separate dispute resolution provisions of this Agreement, the parties agree to submit to the jurisdiction of the competent courts located in the State of Delaware, United States of America.

19. Dispute Resolution

Please read this section carefully, as it affects your legal rights. It provides for binding arbitration of most disputes and includes a waiver of class actions.

19.1 Binding Arbitration

To the maximum extent permitted by applicable law, any dispute, claim, or controversy arising out of or relating to this Agreement or the use of the Application, including its breach, termination, enforcement, or interpretation, shall be finally resolved through binding individual arbitration, rather than in courts of general jurisdiction.

The arbitration shall be conducted in accordance with the rules of the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules in effect at the time the claim is filed.

Arbitration is a more informal process than court litigation and uses a neutral arbitrator instead of a judge or jury.

The arbitrator’s decision shall be final and binding on the parties and may be enforced in any court of competent jurisdiction.

19.2 Class Action Waiver

To the maximum extent permitted by applicable law, the User and the Company agree that all disputes shall be resolved on an individual basis only.

The User agrees that they will:

not bring any claim as a class representative;
not participate in any class, collective, or representative action;
not consolidate their claim with the claims of others.

The arbitrator shall have no authority to hear or decide any dispute on a class, collective, or representative basis.

19.3 Waiver of Jury Trial

To the maximum extent permitted by applicable law, the User and the Company waive any right to a trial by jury.

19.4 Exceptions to Arbitration

Notwithstanding the above, either party may bring claims in a court of competent jurisdiction for:

protection of intellectual property rights;
requests for temporary injunctive relief;
claims that fall within the jurisdiction of small claims courts, provided such claims meet the applicable criteria.

19.5 Opt-Out Right

The User has the right to opt out of this arbitration agreement within thirty (30) days from the date of first acceptance of this Agreement.

To do so, the User must send a written notice to the Company’s email address including:

the User’s name;
the email address associated with the account;
a clear statement opting out of the arbitration agreement.

If the User opts out, this arbitration section shall not apply to them.

19.6 Governing Law of This Section

This arbitration section shall be governed by the Federal Arbitration Act (United States).

20. Miscellaneous

20.1. Assignment

The User may not assign or delegate their rights or obligations under this Agreement to any third party without the Company’s prior written consent.

The Company may assign or delegate its rights or obligations to any party, including affiliated companies or in connection with a sale of the business, without prior notice to the User.

20.2. Entire Agreement

This Agreement, together with the Terms of Use, Privacy Policy, Community Guidelines, and other related Company policies, constitutes the entire agreement between the User and the Company regarding the use of the Application and supersedes all prior oral or written agreements.

20.3. Severability

If any provision of this Agreement is found to be invalid or unenforceable under applicable law, the remaining provisions shall remain valid and fully enforceable.

20.4. No Waiver

The failure of the Company to enforce any provision of this Agreement shall not constitute a waiver of its right to enforce such provision in the future.

20.5. Force Majeure

The Company shall not be liable for any failure or delay in performance of its obligations under this Agreement if such failure or delay is caused by events beyond its reasonable control, including but not limited to natural disasters, war, epidemics, internet or server failures, or actions of governmental authorities.

20.6. Language

In the event of any discrepancy between translated versions of this Agreement, the English version shall prevail.

20.7. Reference to Documents

Any references to other Company documents, policies, or rules in this Agreement form an integral part of this Agreement and have the same legal force.

Use of the Platform is also governed by the Community Safety Policy.

21. Contact Information

For any questions, claims, reports of violations of this Agreement, or requests for additional information regarding the Application, the User may contact the Company using the following details:

Company: WHIMSCOPE, LLC

Head Office Address: 131 Continental Dr, Suite 305, City of Newark, ZIP code 19713, New Castle, Delaware
Email: support@whimscope.com

Phone (if applicable): +1 (302)-314-5105

Any notices, complaints, or requests must be submitted in writing to the email address provided above or through any other contact methods designated by the Company.

The User agrees that email is a sufficient means for sending official notices and receiving responses from the Company.

All Platform policies should be interpreted in conjunction with one another. In the event of any conflict between documents, the specific document governing the relevant issue shall prevail.