Draft: this document is being finalized and reviewed. Details in [brackets] are still to be filled in.

Whim Terms of Service

Last updated: October 23, 2026

These Terms of Service ("Terms") are a contract between you and [LEGAL ENTITY NAME] ("Whim," "we," "us," or "our"). They cover your use of the Whim mobile app, our website, and everything connected to them (together, the "Service"). Please read them carefully, especially Section 8 (Meeting people in person), Section 16 (Disclaimers), Section 17 (Limits on our liability), and Section 19 (Resolving disputes, including arbitration).

By creating an account or using the Service, you agree to these Terms and our Privacy Policy. If you don't agree, don't use Whim.

1. Who can use Whim

• Age: 18 to 30, inclusive. Whim is only for adults aged 18 to 30. If you are 17 or younger, or 31 or older, you may not create an account or use the Service.
• One account per person. You may not create an account for anyone else, or create a new account after we remove yours, unless we say you can.
• Not barred by law. You may not use Whim if you are legally prohibited from doing so, or if you are required to register as a sex offender in any jurisdiction.
• Your promises. By using Whim you promise that you meet every requirement in this section, and that everything you tell us about yourself is true.

We check age using the birthday you enter, and that birthday is locked once confirmed. We do not scan government IDs, so we cannot guarantee that every person on Whim is the age they say. If we learn someone is outside the allowed age range, we remove their account right away, and we act immediately on any report that someone is under 18.

2. Your account

• Give accurate information and keep it up to date. Your gender and birthday are locked after setup, because they decide who you can see. If one is wrong, contact us and we'll look into it.
• Keep your login private. You are responsible for everything that happens under your account. Tell us right away at support@whimhq.com if you think someone else has used it.
• Do not impersonate anyone, use someone else's photos, or create a fake or misleading profile.

3. How Whim works

Features can change as we improve the Service. As of these Terms:

• Meet shows people near you who are "free" right now. You choose how far to look.
• Go Free lets you tell people you are free for a set time. You only appear in Meet while you are free.
• Sparks. You can "Spark" someone you'd like to meet. You can also say hello right away: after you Spark someone, you may send one message before they have replied. Until they reply, your chat with them is locked. If they don't reply within about 24 hours, the conversation closes. When they reply, the chat opens for both of you.
• Chats disappear. Messages are deleted automatically after about 24 hours. Do not rely on Whim to keep a record of anything.
• Video check. After a chat is open, either person can start a short video call to help confirm the other is a real person. We do not record video calls.
• Map. The Map shows how busy areas are. It shows shaded areas only and never anyone's exact location.
• Safety tools such as Trusted Contacts, Meetup Share, check-in reminders, photo verification, blocking, and reporting (see Section 8).
• Whim Pro and Boosts are paid features (see Section 12).

We don't promise that Whim will find you anyone to meet, that anyone will reply to you, or that you will have a good experience.

4. Community rules

Everyone on Whim has to follow these rules. You may not:

• Harass, bully, stalk, threaten, intimidate, or pressure anyone. When someone says no, or stops replying, stop.
• Send unwanted sexual content, or post or share nude or sexually explicit images. Keep photos and messages appropriate for a general audience.
• Post hateful, discriminatory, or violent content, or content that targets people for race, ethnicity, national origin, religion, disability, sex, gender, sexual orientation, or any other protected characteristic.
• Offer, ask for, or arrange sex for money, prostitution, escort services, or any commercial sexual activity, or take part in human trafficking in any way.
• Ask for money, gifts, or financial information, or run a scam of any kind, including romance scams and fake investment schemes.
• Sell, advertise, promote, or solicit anything, or send spam.
• Buy, sell, or offer illegal drugs, weapons, or any other illegal goods or services.
• Post or share anything involving anyone under 18. We have zero tolerance for child sexual abuse material or for any sexualization of minors. We remove it, ban the account for good, and report it to the National Center for Missing & Exploited Children and to law enforcement.
• Share another person's private information, photos, or messages without their consent, or share screenshots of a conversation to harass someone.
• Use Whim to find people to harm, defraud, or exploit.
• Misrepresent your age, identity, location, or intentions.
• Use bots, scrapers, or automated tools, copy or collect other people's information, or reverse-engineer the Service.
• Try to get around our age limit, verification, safety tools, blocks, bans, or limits (including the one-message limit before someone replies, and Boost limits).
• Use Whim for anything illegal, or in a way that could harm Whim, other users, or anyone else.

5. Your content

• You own it. You keep ownership of the photos, messages, prompt answers, and other content you post ("Your Content").
• You give us permission to use it. You give Whim a worldwide, non-exclusive, royalty-free license to host, store, display, reproduce, and process Your Content for the purpose of running, protecting, and improving the Service. This includes showing your profile to other users. The license ends when you delete the content or your account, except for content that others have already received (such as a message already delivered) and copies we must keep for the reasons in Section 14 and our Privacy Policy.
• You promise you have the right to post Your Content, that it shows you (not someone else), that every person in it is 18 or older, and that it follows these Terms and the law.
• We may review and remove content. We may review content, using automated tools and people, to enforce these Terms and keep people safe. We may remove or restrict any content or account at our discretion. We are not required to monitor the Service and are not responsible for content posted by users.
• Feedback. If you send us ideas or suggestions, we may use them without owing you anything.

6. Other people's content and conduct

Whim is a platform that lets people communicate with each other. We don't create or control what users say or do, and we can't promise that other users follow these Terms. You are responsible for deciding who to talk to and who to meet.

7. Reports, blocking, and enforcement

• Block or report anyone at any time, from a profile, a chat, or the Safety tab. Blocking is silent: the other person is not told. Reports go to our review team. We aim to review reports promptly and act on serious ones first, but we can't promise a specific response time.
• Automatic safety steps. To protect people, we may hide an account from other users automatically, for example right after a report that someone is under 18, or after several different people report the same account, until we have reviewed it.
• What we may do. If we believe someone has broken these Terms or put others at risk, we may remove content, limit features, suspend or permanently end an account, and report the person to the authorities. We may do this with or without notice where we think it is needed for safety, legal, or security reasons.
• Appeals. If you think we made a mistake, write to support@whimhq.com. We'll take another look, but we aren't required to reverse our decision.
• Working with the authorities. We cooperate with law enforcement and may share information when the law requires it, or when we believe in good faith that it is needed to protect someone's safety.

8. Meeting people in person: safety and your responsibility

Please read this section carefully.

Whim helps people arrange meetings. Meeting someone from the internet involves real risks, including the risk of serious harm. You choose whether to meet anyone, and you do so at your own risk.

• We do not run criminal background checks on users and we do not screen users for criminal history, including sex-offense or violent-crime records.
• We cannot confirm who anyone is. We do not check government IDs. A "photo verified" badge means a person at Whim compared a selfie to a user's photos. It does not confirm age, legal name, or identity, and it does not mean the person is safe. A completed video check helps show the person is real, but it is not a background check.
• People may lie. We can't guarantee anyone's age, identity, intentions, or past behavior.
• Our safety tools help, but they don't protect you on their own. Trusted Contacts, Meetup Share, check-in reminders, video checks, blocking, and reporting are tools. We do not guarantee they will work every time, that a contact will see or respond to your message, that help will arrive, or that they will prevent harm. Notifications can be delayed or fail.
• Use good judgment. Before you meet: video chat first, tell a friend where you are going and who with, meet in a busy public place, arrange your own transport, don't share your home address or financial details, keep your phone charged, trust your instincts, and leave if you feel uncomfortable.
• In an emergency, call 911 (or your local emergency number) first. Whim is not an emergency service.
• Screenshot alerts are a notice, not a block. If you turn on screenshot alerts, Whim tells you when the other person takes a screenshot of your chat. iPhones do not allow any app to prevent screenshots, so we cannot stop it.

To the fullest extent allowed by law, you agree that Whim is not responsible for what happens when you interact with other users, online or in person.

9. Trusted Contacts and Meetup Share

If you add a Trusted Contact or share a meetup, you confirm that the person agrees to receive messages about your plans, and that the information you enter about them (such as a phone number or email) is theirs to give. The messages are sent from your own phone using your messaging app. Whim is not a party to your relationship with your contact and isn't responsible for what that contact does or doesn't do.

10. Location

Whim uses your location, with your permission, to show people near you and to work out distance. Other users see an approximate distance, never your exact position. The Map shows areas only. You can turn location off in your iPhone's Settings at any time, but Whim won't be able to show you nearby people without it.

11. Notifications and messages from us

We may send you push notifications about sparks, replies, safety check-ins, and activity near you. You can turn them off in your iPhone's Settings. We may also contact you by email about your account, your safety, and these Terms. If you joined our waitlist, we may email you about the launch. You can unsubscribe at any time.

12. Whim Pro, Boosts, and payments

• Whim Pro is an auto-renewing subscription, offered monthly or yearly at the price shown in the app. Boosts are one-time purchases of individual Boosts.
• Payment and billing go through Apple. Payment is charged to your Apple ID when you confirm the purchase. We do not receive or store your card details.
• Subscriptions renew automatically for the same length of time and at the price then shown, unless you cancel at least 24 hours before the end of the current period. You can manage or cancel in your iPhone's Settings, under your Apple ID and Subscriptions. Deleting the app or your Whim account does not cancel a subscription. You must cancel with Apple.
• Refunds are handled by Apple under its policies. To request one, use Apple's "Report a Problem" page. Except where the law or Apple requires otherwise, purchases are final.
• Boosts have no cash value, can't be transferred or exchanged, and are used up when you start a Boost. Boosts are limited: each lasts a set time, followed by a waiting period before the next one. A Boost makes you more visible but does not guarantee that anyone will spark, reply to, or meet you.
• Pro features and prices may change. If we raise a subscription price, we will tell you in advance as required by Apple and by law.
• Taxes may apply.
• If we suspend or end your account for breaking these Terms, you are not entitled to a refund from us.

13. Apple App Store terms

If you got Whim from the Apple App Store, you also agree to the following. These apply in addition to the rest of these Terms.

• These Terms are between you and Whim only, not Apple. Whim, not Apple, is responsible for the Service and its content.
• Apple has no duty to give any maintenance or support for the app.
• If the app fails to meet any warranty that applies, you may tell Apple, and Apple will refund the purchase price (if any). To the fullest extent the law allows, Apple has no other warranty duty with respect to the app.
• Whim, not Apple, is responsible for dealing with any claims about the app, including product liability claims, claims that it fails to meet legal requirements, and consumer-protection claims, and for any claim that the app infringes someone's intellectual property.
• You confirm that you are not located in a country under a U.S. government embargo or listed as a "terrorist supporting" country, and that you are not on any U.S. government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms. When you accept them, Apple will have the right to enforce them against you as a third party.
• Our license to you to use the app is limited to use on Apple devices you own or control, under the Usage Rules in Apple's Media Services Terms.

14. Ending your account

• You can leave any time. Delete your account in the app (Profile tab, scroll to the bottom, Delete Account). It is immediate and permanent. Cancel any subscription with Apple separately (see Section 12).
• We may suspend or end your account if you break these Terms, if we think you are a risk to others, or if the law requires it (see Section 7).
• What happens next. Your profile, photos, chats, and sparks are deleted. We keep some information where we have a legitimate need, such as reports about conduct (kept for safety, with your identity removed from the record where possible), records we are legally required to keep, and information needed to prevent a banned person from coming back. See the Privacy Policy.
• Sections that by their nature should survive (including 5, 8, 14, and 16 to 21) continue after your account ends.

15. Intellectual property

The Service, including its name, logo, design, and software, belongs to Whim and its licensors and is protected by law. We give you a limited, personal, revocable, non-transferable license to use the app for its intended purpose. Don't copy, sell, modify, or build products from it. "Whim" and our logos are our trademarks.

Copyright complaints. If you believe content on Whim infringes your copyright, send a notice that follows the U.S. Digital Millennium Copyright Act to our designated agent at [DMCA AGENT NAME AND ADDRESS], support@whimhq.com. We may end the accounts of people who repeatedly infringe.

16. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT PROMISE THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT IT WILL MEET YOUR EXPECTATIONS.

WE DO NOT GUARANTEE THE IDENTITY, AGE, CONDUCT, INTENTIONS, OR BACKGROUND OF ANY USER, THE ACCURACY OF ANY USER'S INFORMATION, THE RESULT OF ANY CONNECTION OR MEETING, OR THAT ANY SAFETY FEATURE WILL PREVENT HARM. YOU USE THE SERVICE AND MEET OTHER USERS AT YOUR OWN RISK. Some places do not allow certain disclaimers, so some of this may not apply to you.

17. Limits on our liability

TO THE FULLEST EXTENT THE LAW ALLOWS:

• WHIM, ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR EMOTIONAL DISTRESS, ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF WE WERE TOLD THEY MIGHT HAPPEN.
• WE ARE NOT LIABLE FOR THE ACTS OR OMISSIONS OF ANY USER OR OTHER THIRD PARTY, INCLUDING ANYTHING THAT HAPPENS DURING OR AFTER A MEETING.
• OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some places do not allow limits on certain damages, or on liability for death, personal injury caused by negligence, fraud, or intentional wrongdoing. Where that is the case, our liability is limited to the smallest amount the law allows, and nothing in these Terms limits a liability that cannot be limited by law.

18. Indemnity

You agree to defend, indemnify, and hold harmless Whim and its owners, officers, employees, and contractors from any claim, loss, or expense (including reasonable attorneys' fees) that comes from your use of the Service, Your Content, your breach of these Terms, or your violation of any law or anyone's rights. We may take over the defense of any claim at your expense, and you agree to cooperate.

19. Resolving disputes

Please read this section carefully. It affects your legal rights, including your right to sue in court and to bring a class action.

• Talk to us first. Before filing a claim, write to us at support@whimhq.com describing the problem and what you want. We will try to resolve it within 30 days.
• Binding arbitration. If we can't resolve it, you and Whim agree that any dispute about these Terms or the Service will be settled by final and binding arbitration under the American Arbitration Association's Consumer Arbitration Rules, and not in court, except as stated below. The arbitrator decides all questions, including whether this section applies. Arbitration takes place where you live (or by phone or video), unless we both agree to somewhere else. We pay the filing costs that the AAA rules require us to pay for a consumer.
• No class actions. Each of us may bring claims only on our own behalf, and not as part of any class, group, collective, or representative case. If this part is found unenforceable for a claim, that claim goes to court instead of arbitration.
• What is not covered. Either of us may (a) bring an individual claim in small-claims court, (b) ask a court to stop infringement or misuse of intellectual property, and (c) bring a claim that a law says cannot be forced into arbitration, including any claim of sexual assault or sexual harassment that federal law allows you to bring in court. Nothing in this section stops you from reporting a crime or contacting the police, or from contacting any government agency.
• You can opt out. You may opt out of arbitration and the class-action waiver within 30 days of first accepting these Terms by emailing support@whimhq.com with the subject "Arbitration Opt-Out" and your account email. Opting out doesn't affect any other part of these Terms.
• Governing law and courts. These Terms are governed by the laws of the State of [STATE], without regard to its conflict-of-law rules, and by the U.S. Federal Arbitration Act. For any claim that is not arbitrated, you and Whim agree to the courts located in [COUNTY, STATE], and waive any objection to that location. Some places give you rights you can't give up. Nothing here removes them.
• Time limit. To the extent the law allows, any claim must be filed within one year after it arose, or it is barred.

20. Changes to these Terms

We may update these Terms. For changes that matter, we will tell you in the app or by email before they take effect, and where the law requires, we will ask you to accept the new Terms. If you keep using Whim after the changes take effect, you accept them. If you don't, delete your account.

21. General

• Entire agreement. These Terms and the Privacy Policy are the whole agreement between you and us about the Service.
• If part is invalid. If a part of these Terms can't be enforced, the rest stays in effect.
• No waiver. If we don't enforce something right away, that doesn't mean we give up the right to later.
• Assignment. You may not transfer your rights under these Terms. We may transfer ours, for example if Whim is sold or merged.
• Things outside our control. We are not responsible for delays or failures caused by events outside our reasonable control.
• Electronic communications. You agree that we may send you notices electronically and that they meet any legal requirement to be "in writing."
• No third-party rights, except Apple as described in Section 13.
• Your location. Whim is offered in the United States. If you use it elsewhere, you are responsible for following local law.

22. Contact us

[LEGAL ENTITY NAME]
[MAILING ADDRESS]
Email: support@whimhq.com