Terms of Service

Effective Date: April 5, 2026 | Last Updated: April 5, 2026

1. Acceptance of Terms

Welcome to Whim! These Terms of Service ("Terms") are a legal agreement between you ("you" or "your") and Whim Labs Inc ("Whim," "we," "us," or "our"), a company incorporated in British Columbia, Canada, located in Coquitlam, British Columbia.

These Terms govern your access to and use of the Whim mobile application ("App"), our website at letswhim.com ("Website"), and all related services, features, and content (collectively, the "Services").

By creating an account, accessing, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Services.

We may update these Terms from time to time as described in Section 15. Your continued use of the Services after any changes take effect constitutes your acceptance of the updated Terms.

2. Eligibility

To use the Services, you must:

Be at least 13 years of age. If you are under 13, you are not permitted to use the Services under any circumstances.
If you are between the ages of 13 and 18 (or the age of majority in your jurisdiction), you must have the consent of a parent or legal guardian to use the Services. Your parent or guardian agrees to be bound by these Terms on your behalf.
Have the legal capacity to enter into a binding agreement.
Not have been previously suspended or removed from the Services.
Not be prohibited from using the Services under applicable law.

By using the Services, you represent and warrant that you meet all of the above eligibility requirements. We reserve the right to request verification of your age at any time and to terminate accounts that do not meet these requirements.

3. Account Registration and Security

3.1 Account Creation

To access most features of the Services, you must create an account. You can register using:

Email and password
Google Sign-In
Apple Sign-In

You agree to provide accurate, current, and complete information during registration and to update your information to keep it accurate and complete.

3.2 Guest Mode

Whim offers a limited guest mode that allows you to browse venues, activities, and events without creating an account. Certain features, including creating Whims, chatting, and submitting content, require a registered account.

3.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to:

Choose a strong, unique password (if using email/password registration).
Not share your account credentials with any other person.
Notify us immediately at legal@letswhim.com if you suspect unauthorized access to or use of your account.

We are not liable for any loss or damage arising from your failure to protect your account credentials.

3.4 One Account Per Person

Each person may maintain only one active account. We reserve the right to merge or remove duplicate accounts.

4. Description of Service

Whim is a social planning application that helps you connect with friends and discover things to do. The Services include, but are not limited to:

Venue Discovery: Browse restaurants, cafes, parks, entertainment venues, and other places in your area, with details such as hours, pricing, photos, and reviews.
AI-Powered Recommendations: Receive personalized suggestions for venues, activities, and events based on your preferences, location, and group dynamics.
Whims (Group Plans): Create and join group plans called "Whims," which include a date, time, venue, and invited participants. Coordinate with friends to finalize plans.
Real-Time Chat and Messaging: Communicate with friends and group members through real-time messaging within Whims and direct conversations.
Contact Import and Friend Matching: Import your device contacts (using privacy-first hashed matching) to find friends who are already on Whim.
Instagram Integration: Share or import Instagram posts to discover venues and share experiences.
User-Generated Content: Submit venue photos, ratings, and reviews to help the Whim community.
Push Notifications: Receive updates about your Whims, messages, friend requests, and activity suggestions.
Smart Arrival Detection: Opt in to geofence-based arrival detection so your group knows when you have arrived at a venue.

The Services are currently focused on Metro Vancouver, Canada, though availability may expand over time. Features and availability may vary by region and device.

5. User Content and Conduct

5.1 Your Content

"User Content" means any text, photos, images, reviews, ratings, messages, profile information, and other materials that you submit, post, upload, or otherwise make available through the Services.

5.2 Content Ownership

You retain all ownership rights in your User Content. By submitting User Content to the Services, you grant Whim a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, display, distribute, and create derivative works from your User Content solely for the purposes of operating, providing, improving, and promoting the Services.

This license continues for as long as your User Content remains on the Services. If you delete your User Content or your account, we will make reasonable efforts to remove it from the Services, though cached or archived copies may persist for a limited time.

5.3 Content Representations

By submitting User Content, you represent and warrant that:

You own or have the necessary rights and permissions to submit the content and to grant the license described above.
Your content does not infringe, misappropriate, or violate any third party's intellectual property rights, privacy rights, or other legal rights.
Your content complies with these Terms and all applicable laws.

5.4 Prohibited Content

You agree not to submit, post, or transmit any User Content that:

Contains hate speech, threats, harassment, bullying, or content that promotes violence or discrimination based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, or age.
Is sexually explicit, pornographic, or obscene.
Is defamatory, libelous, or knowingly false.
Promotes or facilitates illegal activity, including drug use, underage drinking, or fraud.
Contains spam, unsolicited advertising, chain letters, or phishing attempts.
Impersonates any person or entity, or misrepresents your affiliation with any person or entity.
Contains viruses, malware, or other harmful code.
Collects or harvests personal information of other users without their consent.
Violates the privacy or publicity rights of any third party.
Is otherwise objectionable or harmful to the Whim community, as determined by us in our sole discretion.

5.5 Venue Photo Guidelines

When submitting photos of venues through the Services, you agree to:

Only upload photos that you took yourself or have permission to share.
Not include identifiable faces of other people without their consent.
Ensure photos accurately represent the venue and are not misleading.
Not upload photos that contain offensive, inappropriate, or irrelevant content.

5.6 Content Moderation

We reserve the right, but are not obligated, to review, monitor, edit, or remove any User Content at any time and for any reason, including content that we believe violates these Terms or is otherwise objectionable. We may use a combination of automated tools (including AI-based systems) and human review to moderate content.

You acknowledge that content moderation is not perfect and that some content may not be caught or may be incorrectly flagged. If you believe your content was removed in error, you may contact us at legal@letswhim.com.

5.7 User Conduct

When using the Services, you agree to:

Treat other users with respect and courtesy.
Not use the Services to stalk, intimidate, or harass anyone.
Not use the Services for any commercial purpose without our prior written consent.
Comply with all applicable laws and regulations.

6. AI-Powered Features

6.1 Nature of AI Recommendations

Whim uses artificial intelligence to provide personalized venue recommendations, activity suggestions, and planning assistance. These AI-powered features are designed to be helpful, but they come with important limitations.

6.2 AI Disclaimer

AI-generated recommendations and suggestions are provided for informational and convenience purposes only. They are not guarantees of quality, availability, suitability, or accuracy. Specifically:

Recommendations are suggestions, not endorsements. We do not guarantee that any recommended venue, activity, or event will meet your expectations or be suitable for your group.
AI may produce errors. Details in AI-generated content, including venue descriptions, hours, pricing, and activity suggestions, may be inaccurate or outdated. Information may need verification before you rely on it.
AI does not replace your judgment. You are responsible for independently verifying any information provided by AI features before making plans or decisions.
Results vary. AI recommendations depend on available data, your preferences, and algorithmic processing. Results may differ between users and over time.

6.3 No Liability for AI Content

To the fullest extent permitted by law, Whim is not liable for any loss, damage, injury, or disappointment arising from your reliance on AI-generated recommendations, suggestions, or content. This includes, without limitation, inaccurate venue information, unsuitable activity suggestions, or plans that do not work out as expected.

7. Intellectual Property

7.1 Whim's Intellectual Property

The Services, including the App, Website, and all associated content, features, functionality, design, graphics, logos, trademarks, trade names, code, algorithms, data compilations, and documentation, are owned by Whim Labs Inc or its licensors and are protected by Canadian and international copyright, trademark, patent, and other intellectual property laws.

The Whim name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Whim Labs Inc. You may not use these marks without our prior written permission.

7.2 Limited License to You

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial use. This license does not include the right to:

Modify, copy, distribute, or create derivative works based on the Services.
Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App.
Remove, alter, or obscure any proprietary notices, labels, or marks on the Services.
Use the Services for any commercial purpose, including scraping data for use in competing products.
Use any automated means (bots, scrapers, crawlers) to access the Services without our written permission.

7.3 User Content License

As described in Section 5.2, you retain ownership of your User Content and grant Whim a license to use it in connection with the Services.

7.4 Feedback

If you provide us with any feedback, suggestions, or ideas regarding the Services ("Feedback"), you assign to us all rights in the Feedback and agree that we may use it without any obligation or compensation to you.

8. Privacy

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, available at letswhim.com/privacy. The Privacy Policy is incorporated into these Terms by reference.

By using the Services, you acknowledge that you have read and understood our Privacy Policy and consent to the practices described in it, including:

Collection of account information, location data, and usage data.
Use of hashed contact matching to help you find friends.
Use of analytics and AI services to improve the Services.
Processing of data as described in the Privacy Policy.

9. Third-Party Services and Links

9.1 Third-Party Venue Information

The Services display information about venues, including hours of operation, pricing, menus, photos, and reviews. Some of this information is sourced from third-party providers, publicly available data, and user contributions. We do not guarantee the accuracy, completeness, or timeliness of any venue information. You should verify venue details directly with the venue before visiting.

9.2 Third-Party Integrations

The Services may integrate with third-party platforms, including:

Google (for sign-in and mapping services)
Apple (for sign-in)
Instagram / Meta (for post sharing and venue discovery)

Your use of these third-party services is subject to their respective terms and privacy policies. We are not responsible for the practices or content of any third-party services.

9.3 External Links

The Services may contain links to third-party websites, applications, or resources. These links are provided for your convenience only. We do not endorse, control, or assume responsibility for the content, privacy policies, or practices of any third-party websites or services. You access them at your own risk.

10. Prohibited Uses

In addition to the conduct rules in Section 5, you agree not to:

Use the Services in any way that violates any applicable federal, provincial, municipal, or international law or regulation.
Use the Services to transmit or facilitate the transmission of any unsolicited commercial communications.
Attempt to gain unauthorized access to any part of the Services, other users' accounts, or any systems or networks connected to the Services.
Interfere with or disrupt the integrity or performance of the Services or the data contained therein.
Introduce any viruses, trojans, worms, logic bombs, or other malicious or technologically harmful material.
Use the Services to collect or store personal data about other users without their explicit consent.
Create multiple accounts for deceptive or abusive purposes.
Use the Services in any manner that could damage, disable, overburden, or impair the Services.
Circumvent, disable, or otherwise interfere with any security-related features of the Services.
Use the Services to facilitate any real-world activity that is dangerous, illegal, or harmful.
Resell, redistribute, or sublicense access to the Services.

11. Account Termination and Suspension

11.1 Termination by You

You may delete your account at any time through the App's account settings or by contacting us at legal@letswhim.com. Upon deletion:

Your profile and associated data will be removed in accordance with our Privacy Policy.
User Content you have submitted may persist in aggregated or anonymized form.
Active Whims you created may be transferred to another participant or removed.

11.2 Termination or Suspension by Whim

We reserve the right to suspend or terminate your account, at our sole discretion, with or without notice, for any reason, including but not limited to:

Violation of these Terms.
Conduct that is harmful to other users, the Services, or Whim.
Fraudulent, abusive, or illegal activity.
Extended periods of inactivity (with prior notice).
At the request of law enforcement or other government agencies.

11.3 Effect of Termination

Upon termination of your account:

Your right to access and use the Services will immediately cease.
We may delete your account data in accordance with our Privacy Policy.
Sections of these Terms that by their nature should survive termination will continue to apply, including Sections 5.2 (Content License), 7 (Intellectual Property), 12 (Disclaimers and Limitation of Liability), 13 (Indemnification), 14 (Dispute Resolution), and 15 (Copyright Policy).

12. Disclaimers and Limitation of Liability

12.1 "As Is" and "As Available"

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WHIM DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

12.2 No Warranty on Venue Information

We do not warrant or guarantee the accuracy, completeness, reliability, or timeliness of any venue information displayed through the Services, including but not limited to business hours, pricing, menus, availability, accessibility, or quality. Venues may change their information at any time without notice to us. You are responsible for confirming details directly with venues.

12.3 No Guarantee of Plans and Release of Liability

Whim facilitates social planning, but we do not guarantee that any plan, Whim, or meetup will occur as intended. We are not responsible if:

Participants cancel, change plans, or fail to attend.
A venue is closed, fully booked, or otherwise unavailable.
Weather, transportation, or other circumstances interfere with plans.
A group activity does not meet your expectations.

RELEASE OF LIABILITY: YOU ACKNOWLEDGE THAT WHIM IS A PLANNING TOOL AND DOES NOT SUPERVISE, DIRECT, CONTROL, OR MONITOR USER INTERACTIONS IN THE PHYSICAL WORLD. YOU INTERACT WITH OTHER USERS AND VISIT VENUES ENTIRELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE WHIM LABS INC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LOSSES, AND EXPENSES (INCLUDING LEGAL FEES) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DISPUTE, INTERACTION, OR INCIDENT BETWEEN YOU AND ANY OTHER USER OR ANY VENUE, WHETHER ONLINE OR IN THE PHYSICAL WORLD. THIS INCLUDES, WITHOUT LIMITATION, PERSONAL INJURY, PROPERTY DAMAGE, EMOTIONAL DISTRESS, AND ANY OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES TO COORDINATE REAL-WORLD ACTIVITIES.

12.4 Service Availability

We do not guarantee that the Services will be available at all times, uninterrupted, secure, or error-free. The Services may be subject to temporary outages, maintenance, or interruptions. We are not liable for any inability to access or use the Services.

12.5 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

(a) IN NO EVENT SHALL WHIM LABS INC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WHIM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) IN NO EVENT SHALL WHIM'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF: (I) THE AMOUNT YOU PAID TO WHIM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (II) ONE HUNDRED CANADIAN DOLLARS (CAD $100.00).

(c) THE LIMITATIONS IN THIS SECTION APPLY TO ALL THEORIES OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY.

12.6 Force Majeure

We shall not be liable for any delay or failure to perform our obligations under these Terms if such delay or failure results from circumstances beyond our reasonable control, including but not limited to natural disasters, pandemics, epidemics, acts of government, war, terrorism, civil unrest, labour disputes, power outages, internet or telecommunications failures, cyberattacks, or failures of third-party services.

13. Indemnification

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

Your access to or use of the Services.
Your User Content.
Your violation of these Terms.
Your violation of any applicable law or regulation.
Your violation of any third party's rights, including intellectual property, privacy, or publicity rights.
Any dispute between you and another user of the Services.

This indemnification obligation will survive the termination of your account and these Terms.

14. Dispute Resolution

14.1 Governing Law

These Terms and any dispute arising out of or relating to them or the Services shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles.

14.2 Informal Resolution

Before initiating any formal dispute resolution proceedings, you agree to first contact us at legal@letswhim.com and attempt to resolve the dispute informally for a period of at least thirty (30) days. Most disputes can be resolved through good-faith communication.

14.3 Arbitration

If a dispute cannot be resolved informally within thirty (30) days, either party may elect to resolve the dispute by binding arbitration administered in accordance with the rules of the British Columbia International Commercial Arbitration Centre (BCICAC) or its successor, or alternatively under the British Columbia Arbitration Act. The arbitration shall take place in British Columbia, Canada, and shall be conducted in English. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

14.4 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WHIM AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

14.5 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or to prevent irreparable harm. Additionally, claims that fall within the jurisdiction of a small claims court in British Columbia may be brought in such court.

14.6 Jurisdiction

For any disputes not subject to arbitration, you consent to the exclusive jurisdiction and venue of the courts located in British Columbia, Canada.

15. Copyright Policy

We respect the intellectual property rights of others and expect our users to do the same. If you believe that any content on the Services infringes your copyright or other intellectual property rights, please submit a notice to:

Email: copyright@letswhim.com

Your notice should include:

A description of the copyrighted work you claim has been infringed.
The URL or location within the App where the infringing material is located.
Your contact information (name, email address, and phone number).
A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

For Canadian users: We comply with Canada's "Notice and Notice" regime under the Copyright Act. Upon receiving a valid notice, we will forward it to the user who posted the content and retain records as required by law.

For US users: We comply with the Digital Millennium Copyright Act (DMCA). Upon receiving a valid DMCA takedown notice, we will remove or disable access to the allegedly infringing content and notify the user who posted it. Users may file a counter-notification if they believe the content was removed in error.

Repeat infringers may have their accounts terminated.

16. Beta and Experimental Features

Certain features of the Services may be designated as "Beta," "Alpha," "Preview," or "Experimental." These features:

Are provided on an "as is" basis without any warranties.
May contain bugs, errors, or inaccuracies.
May be modified significantly, suspended, or discontinued at any time without notice.
May have reduced or no customer support.

Your use of beta or experimental features is voluntary and at your own risk. We welcome feedback on these features, which you can submit through the in-app feedback mechanism.

17. App Store Terms

The Services may be made available through third-party app stores, including the Apple App Store and Google Play Store.

17.1 Apple App Store

If you download or use the App through the Apple App Store, you acknowledge and agree that:

These Terms are between you and Whim Labs Inc only, and not with Apple Inc. ("Apple"). Apple is not responsible for the App or its content.
Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the App.
Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of the App, including product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation.
In the event of any third-party claim that the App or your possession and use of the App infringes a third party's intellectual property rights, Apple will not be responsible for the investigation, defense, settlement, or discharge of such claim.
Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

17.2 Google Play Store

If you download or use the App through the Google Play Store, you acknowledge that Google LLC's terms of service apply to your use of the Google Play Store. These Terms are between you and Whim Labs Inc only, and Google is not responsible for the App or its content.

17.3 General App Store Terms

You agree to comply with all applicable third-party terms and conditions when using the App, including any app store terms of service. You acknowledge that the app stores are not parties to these Terms and are not responsible for the App.

18. Changes to Terms

We may revise these Terms at any time by posting the updated version on our Website and in the App. We will update the "Last Updated" date at the top of this page.

For material changes, we will provide notice through one or more of the following methods:

A prominent notice within the App.
A push notification (if you have notifications enabled).
An email to the address associated with your account.

Material changes will take effect thirty (30) days after notice is provided, unless a longer period is required by applicable law. Non-material changes (such as clarifications or formatting updates) take effect immediately upon posting.

Your continued use of the Services after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Services and delete your account.

19. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, it shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.

20. Entire Agreement

These Terms, together with the Privacy Policy and any other policies or guidelines referenced herein, constitute the entire agreement between you and Whim Labs Inc with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, with respect to the Services.

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

21. Contact

If you have any questions, concerns, or feedback about these Terms, please contact us:

Whim Labs Inc
Coquitlam, British Columbia, Canada

Email: legal@letswhim.com
Website: letswhim.com

These Terms of Service are effective as of April 5, 2026.