1. Introduction
These Subscription and Payment Terms (hereinafter — the “Terms”) govern the provision of paid services, the subscription process, use, and cancellation of subscriptions, as well as payments made by Users within the WHIMSCOPE platform (hereinafter — the “Platform” or the “Service”).
The Platform services are provided by Whimscope, LLC, a company incorporated under the laws of the United States, registration number: 36-5148804, with its principal place of business at 131 Continental Dr, Suite 305, Newark, zip code 19713, New Castle County (hereinafter — the “Company”, “we”, “us”, or “our”).
These Terms form an integral part of the Platform’s Terms of Use and must be interpreted together with them, as well as with the Privacy Policy and any other applicable WHIMSCOPE policies. In the event of any conflict between these Terms and the Terms of Use regarding payments or subscriptions, these Terms shall prevail.
By using paid features of the Platform, subscribing, or making any payment, the User confirms that they:
- have read these Terms;
- understand their content; and
- agree to comply with them in full.
The Platform may offer both free and paid features, including premium access and enhanced functionalities (hereinafter — the “Paid Services”).
Please note that WHIMSCOPE does not guarantee that the results obtained from using paid features will meet the User’s expectations.
All payments within the Platform may be processed by third-party payment providers. Depending on the method of access to the Platform (including via web version or mobile applications), such payments may be processed through relevant payment systems, including payment processing services and application stores.
Certain payment, billing, and refund conditions may additionally be governed by the rules of the respective third-party providers, and the User agrees to comply with such rules when making payments.
WHIMSCOPE reserves the right, at any time, to modify, amend, or discontinue the provision of Paid Services, as well as to update these Terms in accordance with the provisions set forth in the section on amendments.
2. Services and Subscription Plans
The Platform may offer Users both free and paid features. The scope of available functionality depends on the type of access or subscription selected by the User.
Paid Services may be provided in the form of a subscription, which grants access to premium Platform features for a defined period of time (for example, on a monthly or annual basis).
The Platform may offer different pricing plans, which may vary depending on:
- the scope of available features;
- the level of access to content or functionality;
- the subscription duration;
- other characteristics determined by the Platform.
The description of each pricing plan, its cost, and the list of included features are provided to the User directly within the Platform interface or prior to subscription purchase.
The Platform reserves the right, at any time, to:
- modify the list of available pricing plans;
- change the composition, scope, or functionality of Paid Services;
- introduce new or discontinue existing subscriptions or features.
Such changes may apply to already active subscriptions in cases provided for under these Terms, the General Terms of Use, the Subscription and Refund Policy, or applicable law.
Certain Platform features may be available without a subscription; however, their functionality may be limited compared to paid offerings.
3. Billing Account
The User undertakes to provide accurate, complete, and up-to-date billing information required to set up a subscription or make payments within the Platform.
The User is fully responsible for:
- the accuracy of the provided billing information;
- the prompt update of such information in the event of any changes; and
- all payments made using their account.
In the event of inaccurate, incomplete, or outdated billing information, the Platform reserves the right to:
- decline payment processing;
- suspend access to Paid Services; and/or
- restrict or terminate access to the User’s account.
By subscribing or making a payment, the User confirms that:
- they have reached the age of majority under the laws of their jurisdiction or have obtained proper authorization from a legal guardian;
- they have the legal capacity to enter into binding agreements; and
- they are using a valid payment method that they are authorized to use.
Payments may be processed by third-party payment providers, and the Platform does not store or process the User’s payment data directly, except as explicitly provided in the Privacy Policy.
The User agrees that the processing of their payment data may be carried out by relevant third-party services in accordance with their own terms of use and privacy policies.
In the event of any security incidents that may affect payment data or account access, the Security and Incident Response Policy shall apply.
4. Pricing and Currency
Prices for Paid Services are displayed in the Platform interface or prior to subscription purchase and may be shown in the applicable currency depending on the User’s region, account settings, or the requirements of the payment provider.
Unless otherwise expressly stated, prices may not include applicable taxes, fees, or other mandatory charges, which are determined in accordance with applicable law and may be added to the total amount at the time of payment.
In the case of payments made through third-party payment platforms or application stores, the final payment amount may be determined by such providers in accordance with their own terms, including any applicable fees, taxes, or currency conversion charges.
The Platform reserves the right to change the pricing of Paid Services at any time. Such changes:
- do not apply to subscription periods already paid for, unless otherwise provided in these Terms, the Subscription and Refund Policy, or applicable law; and
- apply to subsequent subscription periods or new payments.
The User is responsible for any costs related to currency conversion, as well as any fees charged by banks or payment systems.
The User is also responsible for the payment of any taxes that may apply to the use of Paid Services in accordance with the laws of their jurisdiction.
5. Payments and Auto-Renewal
By subscribing to the Platform, the User provides their express consent to recurring (periodic) payments for the selected pricing plan in accordance with its terms.
The subscription is subject to auto-renewal unless the User cancels it before the end of the current billing period.
Subscription charges are applied:
- at the time of subscription confirmation or upon the expiartion of a free trial period (if applicable); and
- thereafter, at the beginning of each new billing period.
The User agrees that the exact timing of charges may depend on the terms and technical processes of the relevant payment provider.
If a payment cannot be successfully processed (including, without limitation, due to insufficient funds, bank refusal, or other reasons), the Platform reserves the right to:
- retry the payment;
- suspend or restrict access to Paid Services; and/or
- cancel the subscription or change its status.
By subscribing, the User confirms that:
- they are authorized to use the selected payment method;
- they consent to automatic recurring charges in accordance with the subscription terms; and
- they understand the cancellation and refund terms set forth in these Terms and in the Subscription and Refund Policy.
In the case of subscriptions purchased through third-party platforms (including application stores), billing, payment, and subscription management may additionally be governed by the rules of such platforms.
The Platform may offer a free trial period for certain subscriptions. If the User does not cancel the subscription before the end of the trial period, they will be automatically charged for the applicable pricing plan.
Information regarding the duration of the free trial period and its conditions is displayed prior to subscription purchase.
6. Subscription Cancellation
The User has the right to cancel their subscription at any time prior to the end of the current billing period.
Subscription cancellation can be carried out:
- through the Platform’s functionality (in cases where the subscription is purchased via the web version or other channels controlled by the Platform); or
- through the relevant third-party provider (including application stores), if the subscription was purchased through such provider.
Cancellation of a subscription means that it will not be automatically renewed for the next billing period. However, access to Paid Services will remain available until the end of the already paid subscription period, unless otherwise provided in these Terms, the Subscription and Refund Policy, or applicable law.
Deleting the User’s account or uninstalling the Platform from the User’s device does not, in itself, result in automatic cancellation of the subscription. The User is responsible for properly cancelling the subscription in accordance with the method through which it was purchased.
In cases where the subscription is purchased through third-party platforms (including application stores), the Platform does not have the technical ability to cancel such subscriptions on behalf of the User, and all cancellation actions must be performed by the User directly through the relevant service.
7. Refunds
The terms and conditions for refunds, including the grounds, procedures, and timelines for such refunds, are governed by a separate Refund & Subscription Policy, which forms an integral part of these Terms.
The User agrees that eligibility for refunds, as well as the amount of any refund, is determined in accordance with the aforementioned Policy and applicable law.
In the event that a subscription or payment was made through third-party platforms or payment providers (including application stores), refund requests may be governed by the rules of such platforms. In such cases, the User is required to contact the relevant provider directly.
Unless otherwise required by applicable law or platform rules, paid subscription periods are non-refundable once they have begun, whether in whole or in part.
In the event of any conflict between these Terms and the Subscription and Refund Policy regarding refund matters, the provisions of the Subscription and Refund Policy shall prevail.
8. Third-Party Payment Providers
The Platform may use third-party services to process payments, including but not limited to payment systems, banks, and application stores (such as the App Store and Google Play, among others).
The User agrees that:
1. Payment transactions may be processed through such services in accordance with their respective terms and conditions of use.
2. The Platform shall not be liable for:
- delays or errors in payment processing caused by the operation of third-party services;
- any refusal by a bank or payment provider to process a transaction; or
- currency conversion, payment system fees, or any other additional charges.
In the case of subscriptions purchased through third-party platforms (including the App Store or Google Play), subscription management, including cancellation or changes to payment methods, is performed directly by the User through the relevant platform.
The Platform reserves the right to suspend or restrict access to Paid Services in the event of payment-related issues arising through third-party services until such issues are resolved.
In the case of subscriptions purchased via the App Store or Google Play, the terms of such platforms regarding payments, refunds, cancellations, and billing shall prevail in the event of any conflict with these Terms.
9. Chargebacks and Fraud
The User undertakes not to abuse refund mechanisms or chargebacks procedures without lawful grounds.
In the event of suspected fraud or abuse, the Platform reserves the right to:
- suspend or temporarily restrict access to Paid Services;
- block the User’s account; and/or
- take measures to investigate and resolve the situation, including cooperation with payment providers and other competent authorities.
All actions taken by the Platform shall be carried out in accordance with applicable law and the Subscription and Refund Policy.
The User agrees that, in the event of abuse of refund mechanisms, they may lose access to the Paid Services without a refund, unless otherwise required by applicable law.
10. Suspension and Termination
The Platform reserves the right to suspend or terminate the User’s access to the Paid Services in cases provided for under these Terms, the Terms of Use, the Subscription and Refund Policy, or applicable law.
Suspension or termination of access may occur, in particular, in the following cases:
- violation by the User of these Terms or other Platform policies;
- abuse of subscriptions, payments, or refund mechanisms;
- technical or security reasons requiring temporary restriction of access; or
- inability to successfully process payments through payment providers.
Suspension of access does not necessarily entitle the User to a refund, unless otherwise provided by the Subscription and Refund Policy or applicable law.
Once the reasons for suspension have been resolved, the Platform may, at its sole discretion, restore access to the Paid Services.
The Platform does not guarantee uninterrupted or error-free operation of Paid Services. Access may be temporarily limited due to technical, security, or other reasons.
11. Changes to the Terms
The Platform may periodically update these Terms to reflect changes in services, payment processes, applicable law, or other circumstances.
The new version of the Terms shall become effective upon its publication on the Platform or on any other date specified within the Terms.
The User is responsible for reviewing the updated Terms. Continued use of the Platform after changes have been made constitutes the User’s acceptance of the updated Terms.
In the event of any conflict between these Terms and the Subscription and Refund Policy regarding refund matters, the Subscription and Refund Policy shall prevail.
All Platform policies shall be interpreted in conjunction with one another. In the event of any conflict between documents, the specific document governing the relevant matter shall apply.
12. Contact Information
For any questions related to subscriptions, payments, or other aspects of these Terms, the User may contact the Platform’s support team using the contact details provided on the Platform or via email at: support@whimscope.com.
The Platform strives to provide timely assistance and responses to User inquiries related to payments and subscriptions.