Terms of service

Welcome to Whimsington! We appreciate your visit to our website, whimsington.com (the "Site"), and your use of our mobile application, Dawn (the “App”), available via the App Store. These Terms and Conditions ("Terms") govern your access to and use of our Site and App, including any content, functionality, products, and services offered on or through them. By accessing or using the Site or the App, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms, please refrain from using our Site or App.

Table of Contents

  1. Acceptance of Terms
  2. Changes to Terms
  3. Eligibility
  4. Use of the Site
  5. Account Registration
  6. Product Information and Orders
  7. Pricing and Availability
  8. Payment Terms
  9. Shipping and Delivery
  10. Returns and Refunds
  11. Intellectual Property Rights
  12. User Content
  13. Prohibited Conduct
  14. Third-Party Links
  15. Disclaimer of Warranties
  16. Limitation of Liability
  17. Indemnification
  18. Governing Law and Dispute Resolution
  19. Class Action Waiver
  20. Termination
  21. Severability
  22. Entire Agreement
  23. Contact Us
  24. App Free Trials
  25. App Usage and Updates
  26. Last Updated

1. Acceptance of Terms

By accessing and using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Site on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Changes to Terms

We reserve the right to modify or update these Terms at any time, at our sole discretion. Any changes will be effective immediately upon posting the revised Terms on the Site. We will update the "Last Updated" date at the end of these Terms to reflect the date of the changes. Your continued use of the Site following the posting of revised Terms signifies your acceptance of those changes.

3. Eligibility

The Site is intended for users who are at least 16 years old. By using the Site, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

4. Use of the Site

You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for your personal, non-commercial use. You agree not to:

  • Reproduce or Distribute: Copy, modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, or sell any content or information obtained from the Site without our prior written consent.
  • Unauthorized Access: Attempt to gain unauthorized access to any portion of the Site or any other systems or networks connected to the Site.
  • Interference: Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available.
  • Unlawful Use: Use the Site for any unlawful purpose or in any manner that could damage, disable, overburden, or impair our servers or networks.

5. Account Registration

To access certain features of the Site, you may be required to register for an account ("Account"). You agree to:

  • Provide Accurate Information: Furnish accurate, current, and complete information during the registration process.
  • Maintain Confidentiality: Keep your Account credentials confidential and secure.
  • Responsibility: Accept responsibility for all activities that occur under your Account.
  • Notify Us: Immediately inform us of any unauthorized use of your Account or any other breach of security.

6. Product Information and Orders

We strive to provide accurate and up-to-date information on our products and services. However, we do not guarantee the accuracy, completeness, or reliability of any product descriptions, pricing, availability, or other information on the Site. We reserve the right to:

  • Modify Information: Correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.
  • Order Acceptance: Refuse or cancel any orders placed for products listed at an incorrect price or containing any other incorrect information.
  • Limit Quantities: Limit the quantities of any products or services that we offer.

7. Pricing and Availability

All prices and product availability are subject to change without notice. We reserve the right to:

  • Change Prices: Modify prices for our products and services at any time.
  • Discontinue Products: Discontinue any product or service at any time.
  • Taxes: Add applicable sales tax or other charges to your order total.

8. Payment Terms

By making a purchase on the Site, you agree to:

  • Provide Accurate Payment Information: Ensure that your payment details are correct and complete.
  • Payment Methods: We accept major credit cards, debit cards, and other payment methods as indicated on the Site.
  • Authorization: Authorize us to charge the total amount of your order, including any applicable taxes and shipping fees, to your chosen payment method.

9. Shipping and Delivery

  • Shipping Estimates: Any shipping or delivery dates provided are estimates only and are not guaranteed.
  • Risk of Loss: All items purchased are made pursuant to a shipment contract. Risk of loss and title for such items pass to you upon our delivery to the carrier.
  • International Shipping: For international orders, additional taxes, duties, and fees may apply, which are your responsibility.

10. Returns and Refunds

Please refer to our Return Policy for detailed information on returns, exchanges, and refunds. We reserve the right to refuse returns or exchanges that do not comply with our policy.

11. Intellectual Property Rights

All content on the Site, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, and software, is the property of Whimsington or its content suppliers and is protected by international copyright and trademark laws. You agree not to:

  • Infringe Rights: Use any content without our express written permission.
  • Remove Notices: Remove any proprietary notices or labels on the Site.

12. User Content

You may have the opportunity to submit reviews, comments, or other content ("User Content") to the Site. By submitting User Content, you:

  • Grant License: Grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content worldwide in any media.
  • Represent and Warrant: Affirm that you own or control all rights to the User Content and that it does not violate these Terms.
  • Responsibility: Agree that you are solely responsible for your User Content.

13. Prohibited Conduct

You agree not to engage in activities that:

  • Violate Laws: Are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
  • Infringe Rights: Infringe upon the rights of others, including intellectual property rights.
  • Spread Malware: Upload or transmit viruses, worms, or any other harmful code.
  • Exploit the Site: Use any data mining, robots, or similar data gathering and extraction tools.

14. Third-Party Links

The Site may contain links to third-party websites or services that are not owned or controlled by Whimsington. We have no control over and assume no responsibility for:

  • Content: The content, privacy policies, or practices of any third-party websites.
  • Transactions: Any transactions conducted with third parties through linked sites.

Your interactions with third-party websites are governed by their own terms and policies.

15. Disclaimer of Warranties

AS IS BASIS: THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

NO WARRANTIES: WHIMSINGTON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Merchantability: Implied warranties of merchantability.
  • Fitness for a Particular Purpose: Fitness for any particular purpose.
  • Non-Infringement: Non-infringement of intellectual property rights.

16. Limitation of Liability

NO LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW, WHIMSINGTON SHALL NOT BE LIABLE FOR ANY:

  • Indirect Damages: Indirect, incidental, punitive, or consequential damages.
  • Loss of Profits: Loss of profits, revenue, data, or use.
  • Resulting From: Your use of, or inability to use, the Site or any content therein.

MAXIMUM LIABILITY: Our total liability to you for any claim arising out of or relating to these Terms or your use of the Site shall not exceed the amount you have paid to us for the use of the Site or any products purchased through the Site.

17. Indemnification

You agree to indemnify, defend, and hold harmless Whimsington and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

  • Your Use: Your access to or use of the Site.
  • Violation of Terms: Your violation of these Terms.
  • User Content: Your User Content infringing any rights of another person or entity.

18. Governing Law and Dispute Resolution

Governing Law: These Terms and any disputes arising out of or relating to these Terms or the Site shall be governed by the laws of the State of [Your State], without regard to its conflict of law principles.

Dispute Resolution: Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, shall be determined by arbitration in your city and state before a single arbitrator.

19. Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law:

  • No Class Actions: No arbitration or proceeding shall be joined with any other.
  • Waiver of Class Relief: There is no right or authority for any dispute to be arbitrated on a class-action basis.

20. Termination

We reserve the right to:

  • Terminate Access: Terminate or suspend your access to the Site, without prior notice or liability, for any reason whatsoever.
  • Discontinue Services: Modify or discontinue, temporarily or permanently, the Site or any part thereof.

21. Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable:

  • Effect: The invalidity or unenforceability of any provision shall not affect the validity of the remaining provisions.
  • Modification: The invalid provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable.

22. Entire Agreement

These Terms, along with our Privacy Policy and any other legal notices published by us on the Site, constitute the entire agreement between you and Whimsington concerning your use of the Site.

23. Contact Us

If you have any questions, comments, or concerns about these Terms or the Site, please contact us at:

Whimsington

  • Email: please reach out using our contact form.

24. App Free Trials

Dawn offers an optional subscription with auto-renewing features. New users may be eligible for a free trial period, which begins upon subscription and converts to a paid plan unless canceled before the trial ends.

  • Free Trial Eligibility: Free trials are limited to one per user/account across all subscription tiers.

  • Subscription Billing: Subscription charges begin automatically after the trial unless canceled beforehand.

  • Cancellation: Users can manage or cancel subscriptions via their Apple ID account settings in the App Store.

  • Refunds: All payments are handled by Apple. Refunds are subject to Apple’s App Store policies.

25. App Usage and Updates

  • You agree to use Dawn only for lawful purposes and in accordance with these Terms.

  • Any content, including prompts, journal entries, or customizations you create within Dawn, remains yours. However, we reserve the right to anonymize and use aggregated data for product improvement and analytics, as outlined in our Privacy Policy.

Software Updates

We may issue updates to the Dawn app from time to time. These updates may include bug fixes, new features, or changes in functionality. By continuing to use the app, you agree to receive these updates automatically.

Termination of App Access

We reserve the right to suspend or terminate access to the Dawn app for violations of these Terms, suspected abuse, or activity that jeopardizes the integrity or security of our services

26. Last Updated

These Terms were last updated on October 1, 2024.

By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. We encourage you to review these Terms periodically to stay informed about our policies.