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Terms of Use

1. Definitions

In these Terms of Use, the following terms shall have the meanings set out below:

“Company”, “we”, “us”, “our” — Whimscope, LLC, the company that owns and operates the Application and provides the Service.

“Application” or “Service” — the Whimscope mobile application, and any related features, software, and services provided by the Company. The Application is published in the Apple App Store and Google Play under the name “Whimscope: Fun Things to Do”; the Service also includes the website https://whimscope.com.

“WHIMSCOPE” is a user-generated content platform that allows users to create, publish, and interact with content, including activities, ideas, and messages. WHIMSCOPE does not endorse, review, or guarantee the accuracy, safety, or legality of any user-generated content.

“User”, “You”, “Your” — any individual who accesses or uses the Application. The meaning of this term is aligned with the corresponding definitions set forth in the Privacy Policy.

“Account” — a personal profile created by a User to access the features of the Application. The rules for creating and using an Account are governed by these Terms and the Privacy Policy.

“Content” — any materials and information available through or posted in the Application, including text, images, photos, videos, graphics, data, and other materials.

“User Content” — any content that a User creates, uploads, or publishes to the Application. The processing of personal data and the storage of such content are governed by the Privacy Policy.

“Terms” or “Terms of Use” — this Terms of Use document that governs access to and use of the Application.

“Privacy Policy” — a separate document that describes how the Company collects, uses, stores, and protects Users’ personal data. The Privacy Policy forms an integral part of these Terms, and all terms related to the processing of personal data shall be interpreted in accordance with it.

“Platform Policies” — a set of documents governing the use of the Application, including but not limited to: Privacy Policy, Acceptable Use Policy, Community Safety Policy, Community Guidelines, Content Moderation & Enforcement Policy, Copyright and DMCA Policy, End User License Agreement (EULA), Offline Activities Liability Disclaimer, Security and Incident Response Policy, Subscription and Refund Policy, Subscription and Payment Terms, User Generated Content Policy, Terms for Creating and Participating in Activities, Child Safety Standards, and any other documents published or that may be published by the Company.

2. Acceptance of Terms

By using the Application, you confirm that you have read these Terms and agree to comply with them.

If you do not agree to these Terms or the Privacy Policy, you may not use the Application and must stop accessing and using the Service.

Use of the Application includes, but is not limited to, any interaction with its features, Account, content, or services provided by the Company.

These Terms and the Privacy Policy together constitute the entire agreement between You and the Company regarding the use of the Application. All terms related to the processing of personal data shall be interpreted in accordance with the Privacy Policy.

The Company reserves the right to modify these Terms from time to time. Changes become effective upon their publication in the Application or on the official website. Continued use of the Application after such changes take effect constitutes Your acceptance of the updated Terms.

All Platform Policies form an integral part of these Terms and shall be interpreted together with them.

3. Description of the Service

The Whimscope application helps Users find leisure ideas, discover new places, and create and store photo and video memories.

The Company provides the Service on an “as is” basis and does not guarantee uninterrupted operation or full availability of all features at any time.

The Company may update, modify, or discontinue certain features of the Service without prior notice. This may include changes to design, user interface, functionality, or available services.

Some features of the Application may require an Internet connection, accounts with third-party services (e.g., social networks), or the use of third-party technologies. The Company shall not be liable for any interruptions or limitations arising from such third-party services.

WHIMSCOPE may use artificial intelligence technologies to generate ideas, activities, or recommendations based on parameters selected by the User. Such content is generated automatically and may be inaccurate, incomplete, or unsuitable for certain situations. Users are solely responsible for assessing the suitability and safety of any suggested activities.

The Platform does not organize offline activities and is not responsible for interactions between Users.

The Company does not guarantee the safety of any activities created or suggested through the Service and does not verify them. Users are solely responsible for assessing all associated risks.

4. Registration and Account

4.1. Account Creation

Certain features of the Application may require an Account. You agree to provide true, accurate, and up-to-date information during registration.

4.2. Minimum Age

The Service is available only to individuals who are at least 13 years of age. Where the laws of the User’s country set a higher minimum age for using the Service or for consenting to the processing of personal data without parental consent (for example, up to 16 years in certain EU/EEA countries), that higher age shall apply. Users who are at least 13 but have not reached the age of majority in their jurisdiction may use the Service only with the consent and under the supervision of a parent or legal guardian, who agrees to these Terms and the Platform Policies on the minor’s behalf and is responsible for the minor’s use of the Service. Paid features may be purchased only by Users who have reached the age of majority or with the authorization of a parent or legal guardian. The Company may request proof of age or of parental consent and may suspend or delete any Account that does not meet these requirements.

4.3. Account Security

You are responsible for maintaining the confidentiality of your password and any information associated with your Account. You agree to immediately notify the Company of any unauthorized use of your Account.

4.4. Responsibility for Actions

All actions performed through your Account are deemed to have been performed by You. You are responsible for any violations of these Terms that occur through your Account.

4.5. Account Suspension or Deletion

The Company reserves the right to suspend, restrict, or delete your Account in the event of a violation of these Terms or applicable laws, or in case of suspected fraudulent activity.

4.6. Data Retention

All data associated with Your Account is processed in accordance with the Privacy Policy. Upon Account deletion, the Company may retain certain data where required by applicable law or where necessary for the security and support of the Service.

5. User Content

5.1. Definition

User Content means any materials that you create, upload, post, or otherwise add to the Application. This may include text, photos, videos, comments, and other materials.

WHIMSCOPE does not review, verify, or guarantee the accuracy, safety, or legality of any activities, ideas, or tasks created, posted, or shared by Users through the Service. All such activities are created independently by Users, and Users are solely responsible for any content or activities they create, publish, or participate in.

5.2. Ownership of Content

You retain full ownership of your content.

5.3. License to the Service

By submitting Content to the Application, You automatically grant the Company a non-exclusive, royalty-free, worldwide license to:

  • reproduce, store, and process the content;
  • display, publish, or otherwise make the content available in accordance with the functionality of the Services and the UGC Policy;
  • moderate or remove the content in accordance with these Terms.

Restriction. Except as expressly permitted under these Terms of Use or the UGC Policy, the Company does not sell User Content to third parties as a standalone asset and does not use such content beyond the scope of the license granted by the User.

In the event of any inconsistency between this Section and the UGC Policy regarding User Content, the provisions of the UGC Policy shall prevail.

5.4. Responsibility for Content

You represent and warrant that:

  • you have the right to post such content;
  • it does not infringe the rights of any third party (including copyrights, trademarks, or privacy rights);
  • it does not contain illegal, offensive, discriminatory, or harmful materials.

5.5. Prohibited Content

Users shall not post Content that:

  • is illegal or promotes illegal activity;
  • contains abuse, discrimination, hate speech, or violence;
  • infringes intellectual property rights of third parties;
  • is harmful, constitutes spam, or poses a risk to the Service or other Users.

5.6. Moderation and Removal

The Company has the right to review, remove, or restrict access to any content that violates these Terms or applicable law. Such actions may be taken without prior notice in accordance with the Content Moderation and Enforcement Policy and Community Guidelines.

5.7. User Data and Privacy

The processing of personal data contained in Your Content is governed by the Privacy Policy.

5.8. You are fully responsible for any Content you create, post, or transmit through the Service and warrant that such content does not violate applicable laws or the rights of third parties.

5.9. No Duty to Monitor

The Company is not obligated to monitor, review, or pre-moderate any content posted or shared by Users through the Application.

The Company reserves the right, but not the obligation, at its sole discretion, to review, modify, restrict, or remove any content that violates these Terms, Community Guidelines, or may be considered illegal, harmful, offensive, or unsafe.

The Company is not responsible for any content created, posted, or shared by Users of the Application.

5.10. Related Policies

Issues related to creation, posting, moderation, and removal of Content are also governed by the Content Moderation and Enforcement Policy, Community Guidelines, and User-Generated Content Policy, all of which form an integral part of these Terms.

6. Intellectual Property

6.1. Company Rights

All rights in and to the Application, including its design, code, logos, trademarks, graphics, texts, and other content created by the Company, are owned by the Company or its licensors and are protected by applicable intellectual property laws.

6.2. Restrictions for Users

Users shall not:

  • copy, modify, distribute, or create derivative works based on the Application or the Company’s content without prior written consent;
  • reverse engineer, decompile, or attempt to derive the Application’s source code;
  • use the Company’s trademarks or logos without authorization.

6.3. User Content vs. Company Content

Ownership of User Content remains with the User (see Section 5). However, the Company is granted a license to use and display such Content within the scope of the Service.

Company Content may not be used outside the Application without prior consent.

6.4. Third-Party Materials

Some elements of the Application may include materials owned by third parties. The use of such materials is subject to the respective third-party licenses, and the Company shall not be liable for any infringement of third-party rights arising from User actions.

6.5. Feedback

Users may provide the Company with feedback, suggestions, ideas, or other information regarding the Application (“Feedback”) on a non-exclusive, irrevocable, royalty-free, and worldwide basis.

Users agree that any Feedback is provided voluntarily and without expectation of compensation.

To the fullest extent permitted by applicable law, You grant the Company a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, distribute, and otherwise exploit such Feedback for any lawful purpose related to the development, improvement, maintenance, and promotion of the Application.

The Company may use Feedback without restriction and without any obligation to provide compensation to the User.

The Company is under no obligation to use any Feedback or to notify You whether such Feedback has been reviewed or implemented.

6.6. Copyright Infringement

Issues relating to copyright infringement, DMCA notices, and counter-notification procedures are governed by a separate Copyright and DMCA Policy, which forms an integral part of these Terms.

7. Rules of Use of the Application

By using the Application, You agree to use it in good faith, lawfully, and in accordance with these Terms.

You agree not to engage in any actions that may harm the Service, the Company, or other Users.

In particular, you shall not:

  • violate applicable laws or the rights of third parties;
  • post prohibited or unlawful content (as defined in Section 5);
  • impersonate another person or provide false information;
  • use the Application for fraud, spam, mass messaging, or unsolicited advertising;
  • interfere with the operation of the Service, overload it, or attempt to bypass technical limitations;
  • attempt to gain unauthorized access to other Users’ accounts, Company servers, or systems;
  • use automated tools (bots, scripts, scrapers, etc.) to collect data or interact with the Service without the Company’s permission;
  • use the Service in any manner that may create a security risk for other Users;
  • copy or use any elements of the Service in violation of the Intellectual Property provisions.

In the event of a violation of these rules, the Company reserves the right to restrict, suspend, or terminate access to the Application, remove content, or delete an Account without prior notice.

Minimum age requirements are set out in Section 4.2 (Minimum Age).

8. Paid Features and Payments

The Application offers both free features and paid features, including subscriptions with automatic renewal. The Company may introduce, modify, or discontinue paid features from time to time.

For paid features:

  • pricing, payment terms, and access conditions will be clearly displayed within the Application prior to purchase;
  • payments may be processed through third-party payment platforms or app stores (including Apple App Store or Google Play);
  • payment processing, refunds, and subscription cancellations are governed by the rules of the relevant platform.

The Company does not store or process Users’ payment credentials unless explicitly stated otherwise.

If a subscription is offered, it may automatically renew unless the User cancels it in accordance with the terms of the platform through which the purchase was made.

The Company reserves the right to change prices, introduce new paid features, or discontinue existing paid services by updating the information within the Application.

Payments, subscriptions, automatic renewals, and refunds are governed by the Subscription and Refund Policy, which forms an integral part of these Terms.

Some paid features may be offered on a subscription basis with automatic renewal in accordance with the Subscription and Payment Terms.

9. Service Operation and Disclaimer of Warranties

We strive to ensure stable and high-quality operation of the Application; however, due to the technical nature of online services, uninterrupted operation cannot be guaranteed.

To the maximum extent permitted by applicable law, the Service is provided without any express or implied warranties.

The Company does not warrant that:

  • the Service will operate continuously, timely, or without errors;
  • all features of the Application will be available at any time or in all regions;
  • the Service will meet the individual expectations or requirements of the User;
  • information or materials available through the Application are complete, accurate, or up to date;
  • technical errors or defects will be corrected immediately.

The Company does not warrant that the Service will be free from viruses, malware, or other technological threats that may arise outside the Company’s reasonable control.

Information, advice, and recommendations provided through the Application are for informational purposes only and do not guarantee any specific outcome, quality, or satisfaction of User expectations.

The Company may from time to time provide access to experimental or beta features. Such features are provided on an “as is” basis and may be modified or removed at any time.

The Company does not guarantee the accuracy or suitability of results generated using artificial intelligence technologies.

10. Community Guidelines

The User agrees to comply with the Community Guidelines, which form an integral part of these Terms.

A violation of the Community Guidelines may result in restriction of access, Content removal, or Account suspension or termination in accordance with these Terms.

11. Limitation of Liability and Indemnification

11.1. Disclaimer of Certain Types of Liability

To the maximum extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, special, punitive, consequential, or exemplary damages, including but not limited to:

  • loss of profit, revenue, business opportunities, or goodwill;
  • loss, damage, or unavailability of data or Content;
  • business interruption;
  • consequences arising from the use of or inability to use the Service.

This limitation applies regardless of the legal basis of the claim (whether in contract, tort, negligence, or otherwise), even if the Company has been advised of the possibility of such damages.

11.2. Data and Content Loss

The User understands and agrees that use of the Service involves the transmission and storage of data in an electronic environment that cannot be fully protected against technical failures or interference.

The User is solely responsible for creating and maintaining backup copies of any data or Content important to them.

The Company does not warrant:

  • uninterrupted or error-free storage of data;
  • absence of loss, corruption, or alteration of Content;
  • retention of Content after termination of access to the Service.

The Company shall not be liable for any loss or damage to data or Content resulting from:

  • technical failures or updates;
  • operation of third-party services, hosting providers, or app stores;
  • actions or omissions of the User;
  • unauthorized access by third parties;
  • events beyond the Company’s reasonable control.

11.3. Aggregate Liability Cap

The Company’s total aggregate liability arising out of or in connection with the use of the Service, regardless of the legal basis of the claim, shall be limited to:

  • the amount actually paid by the User for use of the Application during the six (6) months preceding the claim; or
  • USD 100 (one hundred), if the Application is provided free of charge or the User has made no payments.

This limitation is cumulative and applies to all claims in the aggregate.

11.4. Indemnification

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

  • the User’s breach of these Terms;
  • violation of any third-party rights;
  • unlawful or improper use of the Application;
  • posting User Content that violates applicable law or third-party rights.

11.5. Non-Excludable Liability

Nothing in this Section shall limit or exclude the Company’s liability in cases of:

  • intentional misconduct;
  • gross negligence;
  • any other liability that cannot be limited under applicable law.

11.6. Offline Interactions

The Application may allow Users to organize or participate in real-world activities.

The Company does not act as an organizer, intermediary, or participant in any offline activities.

The Company does not verify Users and is not responsible for the behavior of any individuals during such interactions.

Users are solely responsible for their own safety during any offline meetings or activities.

The User acknowledges and agrees that any activities, ideas, or tasks suggested by the Application or other Users are undertaken solely at the User’s own risk.

The Company does not control or guarantee the safety, appropriateness, or legality of any activities.

Users independently assess all risks and bear full responsibility for their conduct and participation in any activities.

The Company does not pre-screen all User-generated content and does not guarantee its legality, accuracy, or safety.

The Company reserves the right (but not the obligation) to review, restrict, or remove any content at its sole discretion.

WHIMSCOPE may apply measures in accordance with the Community Safety Policy and Content Moderation and Enforcement Policy, including account suspension, content removal, or access restrictions.

Detailed terms, including disclaimers and the allocation of risks, are set out in the Offline Activities Liability Disclaimer, which forms an integral part of these Terms.

12. Termination of Access

The User may stop using the Application at any time by deleting their Account or discontinuing use of the Service.

The Company reserves the right to temporarily restrict or permanently terminate the User’s access to the Application (including suspension or deletion of the Account) in the event of:

  • violation of these Terms;
  • use of the Service for unlawful or fraudulent purposes;
  • any actions that may cause harm to the Company, the Service, or other Users;
  • attempts to gain unauthorized access to, interfere with the operation or misuse the Application or its functionality;
  • requirements of applicable law or requests from competent authorities.

In cases that do not require immediate action, the Company may notify the User of the violation in advance and provide the User with an opportunity to remedy it.

Upon termination of access:

  • the right to use the Application shall immediately cease;
  • the Account may be deactivated or deleted;
  • User Content and data may be deleted or anonymized in accordance with the Privacy Policy and applicable legal requirements.

The Company shall not be liable for any consequences arising from the termination of access, provided that such termination is carried out in accordance with these Terms or legal requirements.

Provisions of these Terms that by their nature are intended to survive termination of use (including those provisions relating to intellectual property, limitation of liability, and dispute resolution) shall remain in effect.

13. Changes to the Terms

The Company may update or amend these Terms from time to time.

In the event of any changes, the Company will notify Users by:

  • publishing the updated version within the Application or on the relevant web page;
  • or through any other reasonable method determined by the Company.

Changes shall become effective upon their publication, unless otherwise expressly stated.

By continuing to use the Application after the Terms have been updated, you agree to the revised Terms.

If you do not agree to the updated Terms, you must stop using the Application and delete your Account.

The Company aims to ensure that all changes are transparent and understandable and recommends that Users review these Terms periodically to stay informed of the most current version.

Order of Precedence

These Terms are the principal document governing access to and use of the Application. The Platform Policies form an integral part of these Terms. In the event of any conflict: (a) between these Terms and a Platform Policy, the Platform Policy shall prevail solely with respect to the specific subject matter it is designated to govern, and these Terms shall prevail in all other respects; (b) between two Platform Policies, the Policy whose subject matter is more specific to the issue in question shall prevail; (c) notwithstanding (a) and (b), Section 11 (Limitation of Liability and Indemnification) and Section 15 (Governing Law and Dispute Resolution) of these Terms shall prevail over any Platform Policy, except that the Offline Activities Liability Disclaimer shall prevail with respect to the allocation of risk for offline activities.

14. Privacy Policy

All processing of User personal data is carried out in accordance with our Privacy Policy: https://whimscope.com/privacy-policy

By using the Application, you agree to the terms of the Privacy Policy.

For detailed information on the collection, use, and protection of your data, please refer to the latest version of the Privacy Policy available at the link above.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

15.1. Binding Arbitration

Please read this Section carefully, as it affects your legal rights. To the maximum extent permitted by applicable law, any dispute, claim, or controversy arising out of or relating to these Terms, the Platform Policies, or the use of the Application, including their 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 Consumer Arbitration Rules in effect at the time the claim is filed. The arbitrator’s decision shall be final and binding on the parties and may be enforced in any court of competent jurisdiction.

15.2. 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 not to bring any claim as a class representative, not to participate in any class, collective, or representative action, and not to 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.

15.3. 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.

15.4. Exceptions to Arbitration

Notwithstanding the above, either party may bring claims in a court of competent jurisdiction for the protection of intellectual property rights, for temporary injunctive relief, or for claims that fall within the jurisdiction of small claims courts, provided such claims meet the applicable criteria. Any such court proceedings, and any dispute to which the arbitration agreement does not apply, shall be brought in the state or federal courts located in the State of Delaware, United States, and the User consents to the jurisdiction of such courts.

15.5. 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 these Terms by sending a written notice to support@whimscope.com including the User’s name, the email address associated with the Account, and a clear statement opting out of the arbitration agreement. If the User opts out, Sections 15.1–15.3 shall not apply to them.

15.6. Governing Law of This Section; Consumer Rights

This arbitration agreement shall be governed by the Federal Arbitration Act (United States). This Section applies to Users located outside the United States only to the extent permitted by the mandatory laws of the User’s country of residence.

The Company reserves the right to limit or waive enforcement of certain provisions of these Terms where the applicable laws of the User’s country prohibit limitations on consumer rights. However, such provisions shall not be construed as expanding the Company’s liability beyond the limitations set forth in these Terms.

Nothing in these Terms shall limit any rights that cannot be restricted under the mandatory laws of the User’s country of residence. All other provisions of these Terms shall remain valid and enforceable.

16. Force Majeure

The Company shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay is caused by events beyond the Company’s reasonable control, including but not limited to natural disasters, acts of war, strikes, power outages, internet or network failures, actions of governmental authorities, or technical failures of third-party services.

17. Severability

If any provision of these Terms is found to be invalid or unenforceable under applicable law, such invalidity or unenforceability shall not affect the validity of the remaining provisions. In such case, the relevant provision shall be enforced to the maximum extent permitted by law.

Language. These Terms and the Platform Policies may be made available in languages other than English for convenience. In the event of any discrepancy between the English version and a translation, the English version shall prevail.

18. Waiver

The Company’s failure or delay in exercising any right or provision of these Terms shall not constitute a waiver of such right or provision in the future.

19. Contact Information

If you have any questions, suggestions, or need to contact the Company regarding these Terms or the Application, please use the following contact details:

Company: Whimscope, LLC

Email for inquiries: support@whimscope.com

Mailing address: 131 Continental Dr, Suite 305, Newark, DE 19713, New Castle County, United States

Telephone: +1 (302) 314-5105

We aim to respond to all inquiries as quickly and efficiently as possible.