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Subscription and Refund Policy

1. General Provisions

1.1. This Subscription and Refund Policy (hereinafter — the “Policy”) governs the terms and conditions for subscription setup, use, automatic renewal, and cancellation, the provision of trial periods, as well as the procedure for refunds for paid features and services provided by the Company through the Whimscope mobile application (hereinafter — the “Application”).

1.2. This Policy forms an integral part of the Terms of Use. Capitalized terms used in this Policy and not separately defined herein shall have the meanings assigned to them in the Terms of Use.

1.3. In the event of any conflict between this Policy and the Terms of Use, the provisions of the Terms of Use shall prevail, unless otherwise expressly stated in this Policy.

1.4. By purchasing a subscription, activating a trial period, or making any payment within the Application, the User confirms that they have read this Policy and agree to its terms.

1.5. This Policy applies to all Users regardless of their country of residence, unless otherwise required by mandatory provisions of applicable law in a relevant jurisdiction.

1.6. This Policy takes precedence over any other Platform documents in matters related to refunds.

2. Types of Access and Subscriptions

2.1. The Company may provide Users with the following types of access to the Application’s functionality:

  • guest access (limited functionality);
  • trial period;
  • paid subscription.

2.2. Guest Access

2.2.1. Guest access allows the User to use limited functionality of the Application without subscribing.

2.2.2. The scope of functionality available in guest mode is determined by the Company at its sole discretion and may be changed without prior notice.

2.2.3. Guest access does not involve any payments and does not create any financial obligations between the User and the Company.

2.3. Trial Period

2.3.1. The Company may provide Users with a trial period granting access to extended functionality of the Application.

2.3.2. The duration of the trial period, activation terms, and available functionality are specified in the Application interface at the time of activation.

2.3.3. Upon expiration of the trial period, the subscription is automatically converted into a paid subscription unless the User cancels it prior to the end of the trial, in accordance with platform rules.

2.3.4. Refunds for the trial period are governed exclusively by the policies of the relevant distribution platform (Apple App Store or Google Play).

2.3.5. Abuse of the trial period may result in termination of access to the Application and/or cancellation of the subscription without a refund.

2.4. Paid Subscription

2.4.1. A paid subscription grants the User access to full or extended functionality of the Application for a specified billing period.

2.4.2. Subscription types (monthly, annual, or other options) and their pricing are indicated in the Application interface at the time of purchase.

2.4.3. The subscription is automatically renewed unless the User cancels it before the end of the current billing period.

2.4.4. Subscription purchase, management, and cancellation are carried out exclusively through the respective mobile application distribution platform through which the payment was made.

3. Billing Terms and Automatic Renewal

3.1. Subscription purchase and payment are processed through the respective mobile application distribution platform, namely:

  • Apple App Store
  • Google Play

depending on the platform through which the User downloaded the Application and makes payments.

3.2. Payment Terms

3.2.1. Subscription payments are processed in accordance with the rules and procedures of the relevant platform, including payment authorization, billing timelines, and transaction confirmation procedures.

3.2.2. Subscription fees are charged in advance for the applicable billing period (monthly, annual, or other, where applicable).

3.2.3. If a trial period is activated, upon its expiration the User is automatically charged for the selected subscription plan unless the subscription is cancelled prior to the end of the trial period.

3.3. Automatic Renewal

3.3.1. All subscriptions automatically renew for the next billing period unless the User cancels the subscription before the end of the current period.

3.3.2. Renewal occurs for the same duration and at the same price applicable at the time of renewal, unless otherwise stated in the platform interface or unless the price has been modified in accordance with this Policy and the Terms of Use.

3.3.3. The User is responsible for timely cancellation of the subscription through the account settings of the platform through which the subscription was originally purchased.

3.4. Subscription Management

3.4.1. The Company does not directly manage the User’s payment data and has no technical ability to cancel or modify subscriptions purchased through a platform.

3.4.2. All actions related to:

  • subscription cancellation,
  • subscription plan changes,
  • updates to payment details,are performed by the User exclusively through the relevant platform.

4. Subscription Cancellation

4.1. The User has the right to cancel a subscription at any time before the end of the current billing period.

4.2. Subscription cancellation is carried out exclusively through the User’s account on the relevant platform through which the subscription was purchased, namely:

  • Apple App Store
  • Google Play

4.3. Cancellation becomes effective at the end of the current billing period for which payment has already been made, unless otherwise provided by the rules of the relevant platform.

4.4. Cancellation of a subscription does not automatically result in a refund for any already paid subscription period.

4.5. Deleting the Application from the device, deleting the account, or discontinuing the use of the Application does not constitute cancellation of the subscription and does not stop automatic charges.

4.6. The User is responsible for timely cancellation of the subscription in accordance with the rules of the platform through which the payment was made.

5. Refunds

5.1. The Company does not process refunds for subscriptions or trial periods purchased through mobile application distribution platforms.

5.2. All matters related to refunds and refund requests are governed by the applicable rules and policies of the platform through which the payment was made:

  • Apple App Store
  • Google Play

5.3. Refunds for an already paid billing period may be issued exclusively in accordance with the rules of the respective platform, and not at the discretion of the Company.

5.4. In the event of a violation by the User of the Terms of Use or Community Guidelines, the Company is not obligated to provide any refund, even if the subscription was active at the time of the violation.

5.5. Refunds for the trial period are governed by the rules of the platform through which the trial was activated. If the trial converts into a paid subscription, any refund is possible only in accordance with the rules of that platform.

6. Cases Where Refunds Are Not Available

6.1. Refunds are not provided in the following cases:

  • partial use of the Application’s functionality during a paid subscription period;
  • cancellation of a subscription after the end of the current billing period;
  • deletion of the Application or the User’s account by the User;
  • violation by the User of the Terms of Use or Community Guidelines;
  • attempts to abuse the trial period functionality;
  • unsatisfactory user experience with the Application and/or participation in offline events;
  • mismatch between the User’s expectations and the actual use of the Application;
  • any other situations not explicitly covered by the rules of the platform through which the payment was made.

6.2. In cases of abuse of subscription or trial mechanisms, the Company may notify the relevant platform and take actions in accordance with this Policy and the Terms of Use.

6.3. Refunds are not guaranteed in the case of chargebacks or payment disputes initiated through a bank; in such cases, the Company may suspend or restrict the User’s access to the Application until the dispute is resolved.

6.4. Refund requests may be restricted or denied in cases related to fraud or security incidents, in accordance with the Security and Incident Response Policy.

7. Chargebacks and Payment Disputes

7.1. All payments for subscriptions or trial periods are processed through the relevant mobile application distribution platforms:

  • Apple App Store
  • Google Play

7.2. In the event of a payment dispute, the User is first advised to contact the relevant platform (Apple App Store or Google Play) through which the payment was made in order to resolve the issue in accordance with its procedures.

7.3. In the event that the User initiates a chargeback or payment dispute, the Company reserves the right to:

  • suspend or restrict the User’s access to the Application until the dispute is resolved;
  • notify the platform and/or banking institution of any violations of the Application’s terms of use;
  • defend its rights in accordance with the Terms of Use and applicable law.

7.4. The Company shall not be liable for any delays, payment failures, or restrictions related to chargebacks or disputes initiated by the User.

8. Changes to Subscriptions and Functionality

8.1. The Company reserves the right to modify subscription terms, including:

  • subscription pricing and fees;
  • duration of billing periods;
  • available functionality and services within the Application;
  • terms of the trial period.

8.2. Changes may be made at any time, with prior notice to the User through the Application interface or other communication channels provided for in the Terms of Use.

8.3. Such changes shall not affect subscriptions purchased prior to the effective date of the changes, except where required by applicable platform rules or mandatory legislation.

8.4. A User who does not agree with the changes has the right to cancel the subscription before the new terms take effect, in accordance with the rules of the relevant platform.

8.5. The Company shall not be liable for any dissatisfaction of the User resulting from changes to pricing, functionality, or trial terms, provided that such changes are made in accordance with this Policy and the Terms of Use.

9. Termination of Subscription and Access

9.1. The Company reserves the right to suspend or terminate the User’s access to the Application and its functionality at any time in the event of:

  • violation by the User of the Terms of Use or Community Guidelines;
  • fraudulent activity, abuse of the trial period or subscription;
  • initiation of a chargeback or payment dispute without compliance with platform rules;
  • any other actions by the User that create risks for the Company or violate applicable law.

9.2. Payments made for the current subscription period are non-refundable in the event of subscription termination.

9.3. The Company may suspend access to the Application’s functionality until any disputes related to subscriptions or payments are resolved.

9.4. A User whose access has been terminated may restore the subscription only after eliminating the reasons that led to the termination, provided that such possibility is available under the relevant platform rules.

10. Compliance with Law and Jurisdiction

10.1. This Policy applies to all Users regardless of their country of residence, unless otherwise required by mandatory provisions of applicable law in a relevant jurisdiction.

10.2. The Company operates in accordance with the laws of the United States and the laws of the State of Delaware, where it is incorporated.

10.3. In the event of disputes regarding subscriptions, trial periods, refunds, or chargebacks, the User agrees that the primary sources of regulation are:

10.3.1. the rules of the platform through which payment was made (Apple App Store or Google Play);10.3.2. the laws of the State of Delaware, the United States, unless otherwise required by mandatory applicable law;

10.3.3. mandatory provisions of the User’s country of residence, to the extent that they do not conflict with the Company’s rights under clauses (a) and (b) above.

10.4. All disputes arising from the application of this Policy shall be resolved in accordance with the procedures set forth in the Terms of Use and applicable law.

10.5. This Policy does not limit any rights granted to Users under mandatory provisions of applicable law, including consumer protection rights in the EU and the United States.

10.6. Local Law Compliance

10.6.1. Users in different jurisdictions may have rights that cannot be limited by this Policy under mandatory local laws (including consumer rights in the EU and the US).

10.6.2. All subscription, trial, and refund rules set forth in this Policy apply only to the extent they do not violate mandatory rights granted to Users under applicable local law.

10.6.3. In the event of a conflict between local laws, platform rules (Apple/Google), and the laws of the United States and the State of Delaware, the provisions that provide the User with the highest level of protection under mandatory provisions of applicable law in the User’s country shall prevail.

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

11. Pricing and Taxes

11.1. Subscription types, duration, and pricing are specified in the Application interface at the time of purchase.

11.2. All taxes (VAT, sales tax, or other applicable charges) are calculated and collected by the platform through which the payment is made (Apple App Store or Google Play).

11.3. The Company shall not be responsible for any incorrect tax calculation or collection performed by the platform.

11.4. Changes to subscription pricing and fees are governed by Section 8 of this Policy.

12. Refund Policy

12.1. The Company does not directly process refunds for subscriptions or trial periods; all refund requests are governed by the rules of the platform through which the payment was made (Apple App Store or Google Play).

12.2. The trial period is automatically converted into a paid subscription upon expiration, and any refund is only possible in accordance with the rules of the relevant platform.

12.3. Paid subscriptions purchased through a platform are eligible for refunds exclusively in accordance with the policies of that platform.

12.4. Cases in which refunds are not available are set out in Section 6 of this Policy.

12.5. To request a refund, the User must use the refund functionality provided by the relevant platform (Apple or Google) and comply with its applicable rules and procedures.

13. Contact Information and Support

13.1. For questions regarding subscriptions, trial periods, pricing changes, or other aspects of the Application, the User may contact the Company through the official communication channels specified within the Application or on the Company’s official website.

13.2. All User inquiries are processed in the order received and in accordance with the confidentiality rules set out in the Privacy Policy.

13.3. The User may submit inquiries related to refunds, chargebacks, or disputes; however, the final decision regarding any refund is made by the relevant platform (Apple App Store or Google Play) in accordance with its own rules and procedures.

13.4. Company contact details for support:
Email: support@whimscope.com

Feedback form: via the Application interface
Mailing address: 131 Continental Dr, Suite 305, City of Newark, 19713, New Castle, Delaware

13.5. The Company undertakes to respond to User inquiries within a reasonable timeframe but shall not be liable for delays caused by the operation of the platform or third-party services.