Terms of Service

Last updated: January 15, 2026

These Terms of Service ("Agreement" or "Terms") govern your access to and use of the Whim mobile application and related services (collectively, the "Services") provided by Darnd, Inc. ("Darnd," "we," "us," or "our").

By accessing or using our Services, you agree to be bound by this Agreement. If you do not agree to these Terms, do not access or use the Services.

IMPORTANT NOTICE:

Please read Section 15 (Dispute Resolution) carefully. It contains an arbitration agreement that will, with limited exceptions, require disputes between you and Darnd to be submitted to binding arbitration. Unless you opt out: (1) you will only be permitted to pursue claims against us on an individual basis, not as part of any class or representative action; and (2) you are waiving your right to seek relief in court and to have a jury trial.

1. Eligibility

You must be at least 13 years of age to access or use the Services. If you are under 18 years of age (or the age of legal majority in your jurisdiction), you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by this Agreement.

If you are a parent or legal guardian agreeing to these Terms on behalf of a minor, you are fully responsible for the minor's use of the Services, including all financial charges and legal liability.

By using the Services, you represent and warrant that you meet these eligibility requirements.

2. Account Registration and Security

To access certain features of the Services, you must create an account. You may register using Apple Sign-In or other authentication methods we support.

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You must notify us immediately at support@darnd.com if you suspect any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.

3. Description of Services

Whim is an AI-powered mobile application that allows users to apply transformations and effects to images and videos. Key features include:

  • AI Image and Video Generation: Upload images to generate AI-transformed content using our preset effects and workflows.
  • Projects Gallery: View, save, share, and manage your generated content.
  • Credit System: Purchase credits through subscriptions or one-time packs to generate content.

4. User Content

4.1 Your Content

The Services allow you to upload images and other materials ("User Content") for AI processing. You retain all ownership rights in your User Content.

By uploading User Content, you grant Darnd a non-exclusive, royalty-free, worldwide license to process and transmit your User Content solely for the purpose of providing the Services.

4.2 Third-Party Processing

To provide AI features, your User Content may be transmitted to third-party service providers for processing. These providers may retain your User Content in accordance with their own terms and privacy policies. By using the Services, you consent to this transmission and acknowledge that Darnd is not responsible for the data practices of third-party providers.

Darnd does not retain your uploaded images after processing is complete. Only Generated Content (outputs) is stored in your account.

4.3 AI-Generated Output

Content generated through our AI features ("Generated Content") is created based on your User Content and our AI models. Subject to your compliance with these Terms and applicable law, you are granted a license to use Generated Content for personal and commercial purposes.

You acknowledge that:

  • AI-generated outputs may be similar to content generated for other users;
  • We do not guarantee the accuracy, quality, or appropriateness of Generated Content; and
  • You are responsible for your use of Generated Content and ensuring it does not infringe third-party rights.

4.4 Content Storage

Darnd does not provide a backup service. You are solely responsible for maintaining copies of your Generated Content. We are not liable for any loss, corruption, or deletion of your content.

5. Prohibited Content and Conduct

You agree not to use the Services to create, upload, or distribute any content that:

  • Depicts minors in any inappropriate, sexual, or exploitative manner;
  • Creates deepfakes, synthetic media, or manipulated imagery of real individuals without their explicit consent;
  • Is unlawful, defamatory, obscene, pornographic, harassing, threatening, or promotes violence or hatred;
  • Infringes any patent, trademark, copyright, or other intellectual property rights;
  • Impersonates any person or entity or misrepresents your affiliation;
  • Contains viruses, malware, or other harmful code;
  • Violates any applicable law or regulation.

You further agree not to:

  • Attempt to circumvent, disable, or interfere with security features of the Services;
  • Use any automated means to access the Services, including bots, scrapers, or data mining tools;
  • Reverse engineer, decompile, or attempt to extract source code from the Services;
  • Use another user's account without authorization;
  • Use the Services for any illegal purpose or in violation of these Terms.

We reserve the right to remove any content and suspend or terminate accounts that violate these Terms, at our sole discretion and without prior notice.

6. Credits, Subscriptions, and Payments

6.1 Credit System

The Services operate on a credit-based system. Credits are required to generate AI content, with costs varying based on the complexity of the effect or workflow selected. Credits do not expire and remain in your account until used.

If a generation fails due to a technical error on our end, the credits for that generation will be automatically refunded to your account.

6.2 Subscriptions

We offer subscription plans that provide a recurring allocation of credits. Subscriptions automatically renew at the end of each billing period (weekly) unless cancelled. By subscribing, you authorize us to charge your selected payment method on a recurring basis.

Cancellation: You may cancel your subscription at any time through your device's app store settings (Apple App Store or Google Play Store). Cancellation will take effect at the end of the current billing period, and you will retain access to subscription benefits until that time.

6.3 One-Time Credit Packs

We also offer one-time credit pack purchases. These credits are added to your account immediately upon successful payment and do not expire.

6.4 Payments and Refunds

All payments are processed through the Apple App Store or Google Play Store. Prices are displayed in your local currency where available and are inclusive of applicable taxes unless otherwise stated.

Refund requests for subscriptions and credit purchases are subject to the refund policies of the applicable app store. We generally do not provide refunds for used credits or partial subscription periods, except as required by law.

6.5 Price Changes

We reserve the right to modify pricing for subscriptions and credit packs at any time. For active subscribers, price changes will take effect at the start of the next billing period following notice of the change.

7. Intellectual Property

7.1 Our Intellectual Property

The Services, including all software, algorithms, AI models, designs, text, graphics, logos, and other content provided by Darnd (collectively, "Darnd Content"), are owned by or licensed to Darnd and are protected by copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services and Darnd Content for personal, non-commercial purposes in accordance with these Terms. This license does not include the right to: (a) modify, copy, or create derivative works of the Services or Darnd Content; (b) sell, resell, or commercially exploit the Services; (c) use data mining, robots, or similar data gathering methods; or (d) sublicense any rights granted herein.

For clarity, this Section applies to the Services and Darnd Content (the app, software, and platform). Your rights to use Generated Content (AI-generated outputs) are governed by Section 4.3.

7.2 Feedback

If you provide us with feedback, suggestions, or ideas regarding the Services ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the Services without any obligation to you.

8. Copyright Complaints

We respect the intellectual property rights of others. If you believe that your copyrighted work has been copied or used in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

  • (a) A physical or electronic signature of the copyright owner or authorized agent;
  • (b) Identification of the copyrighted work claimed to have been infringed;
  • (c) Identification of the material that is claimed to be infringing and its location;
  • (d) Your contact information (address, telephone number, email);
  • (e) A statement that you have a good faith belief that the use is not authorized; and
  • (f) A statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the copyright owner.

Send notices to: support@darnd.com with the subject line "Copyright Complaint."

9. Privacy

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and disclose information about you. By using the Services, you consent to our collection and use of your information as described in the Privacy Policy.

10. Third-Party Services

The Services may integrate with or contain links to third-party websites, services, or content. We do not control and are not responsible for any third-party services, including their content, privacy policies, or practices. Your use of third-party services is at your own risk and subject to those third parties' terms and policies.

11. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that: (a) the Services will meet your requirements; (b) the Services will be uninterrupted, timely, secure, or error-free; (c) the results obtained from the Services will be accurate or reliable; or (d) any AI-generated content will be free from errors, appropriate for any purpose, or non-infringing.

AI-generated content may produce unexpected, inaccurate, or inappropriate results. You acknowledge that AI technology has inherent limitations and agree to review all Generated Content before use.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DARND AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES (THE "DARND PARTIES") SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

THE TOTAL LIABILITY OF THE DARND PARTIES FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

13. Indemnification

You agree to indemnify, defend, and hold harmless the Darnd Parties from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your User Content or Generated Content; (c) your violation of these Terms; (d) your violation of any rights of another party; or (e) your violation of any applicable law.

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claims.

14. Termination

You may terminate your account at any time by using the "Delete Account" feature in the app settings. Upon account deletion, your User Content and Generated Content will be permanently deleted.

We reserve the right to suspend or terminate your access to the Services at any time, with or without cause or notice, including if we believe you have violated these Terms. Upon termination, your right to use the Services will immediately cease.

Sections 4.2 (Third-Party Processing), 4.3 (AI-Generated Output), 5 (Prohibited Content), 7 (Intellectual Property), 11 (Disclaimers), 12 (Limitation of Liability), 13 (Indemnification), 15 (Dispute Resolution), and 16 (Governing Law) shall survive termination.

15. Dispute Resolution; Binding Arbitration

Please read this section carefully. It affects your legal rights.

15.1 Agreement to Arbitrate

You and Darnd agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services ("Disputes") will be resolved exclusively through binding arbitration, rather than in court, except that: (a) either party may bring individual claims in small claims court if they qualify; and (b) either party may seek injunctive or other equitable relief in court for infringement or misappropriation of intellectual property rights.

15.2 Informal Resolution First

Before initiating arbitration, you agree to first contact us at support@darnd.com and attempt to resolve the dispute informally for at least 30 days. If we cannot resolve the dispute informally, either party may then proceed to arbitration.

15.3 Arbitration Procedures

The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will be conducted in English, and the arbitrator's decision will be final and binding. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person. Each party shall be responsible for its own arbitration fees and costs.

15.4 Class Action Waiver

YOU AND DARND AGREE THAT EACH 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 OR REPRESENTATIVE PROCEEDING.

Unless both you and Darnd agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

15.5 Jury Trial Waiver

YOU AND DARND HEREBY WAIVE ANY RIGHT TO A JURY TRIAL FOR ANY DISPUTES.

15.6 Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to support@darnd.com within 30 days of first accepting these Terms. Your notice must include your name, email address associated with your account, and a clear statement that you wish to opt out of arbitration. If you opt out, all other provisions of these Terms remain in effect.

16. Governing Law and Venue

These Terms and any Disputes shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

For any matters not subject to arbitration, you and Darnd consent to the exclusive jurisdiction and venue of the state and federal courts located in Delaware.

17. Changes to These Terms

We may modify these Terms at any time. When we make material changes, we will notify you by updating the "Last Updated" date and, where appropriate, through in-app notifications or other communications.

Changes will be effective immediately for new users. For existing users, material changes will be effective 30 days after notice unless you accept them earlier. Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms.

18. Additional Terms for Apple App Store

If you download the app from the Apple App Store, the following additional terms apply:

  • Acknowledgment: You acknowledge this Agreement is between you and Darnd only, not Apple Inc. ("Apple"), and Apple is not responsible for the app or its content.
  • Scope of License: The license granted to you is limited to a non-transferable license to use the app on Apple-branded devices you own or control, subject to the App Store Terms of Service.
  • Maintenance and Support: Darnd is solely responsible for providing maintenance and support services for the app. Apple has no obligation to provide any support.
  • Warranty: Darnd, not Apple, is responsible for any product warranties, whether express or implied. Apple has no warranty obligation except, if applicable, to refund the purchase price.
  • Product Claims: Darnd is responsible for addressing any claims relating to the app, including product liability, legal compliance, and consumer protection claims.
  • Intellectual Property: Darnd is responsible for any third-party intellectual property infringement claims.
  • Legal Compliance: You represent that you are not located in a country subject to U.S. government embargo or designated as a "terrorist supporting" country, and you are not on any U.S. government prohibited or restricted party list.
  • Third-Party Beneficiary: Apple and its subsidiaries are third-party beneficiaries of this Agreement and may enforce it against you.

19. Additional Terms for Google Play

If you download the app from Google Play, you acknowledge that Google LLC is not responsible for the app, and your use is subject to Google Play's Terms of Service.

20. General Provisions

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Darnd regarding the Services and supersede all prior agreements.

Severability: If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

Assignment: You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign our rights and obligations without restriction.

Notices: We may provide notices to you via email, in-app notifications, or by posting to the Services. You agree that electronic notices satisfy any legal requirement that notices be in writing.

Export: You agree to comply with all applicable export laws and regulations and will not export or re-export the Services in violation of such laws.

No Third-Party Beneficiaries: Except as expressly provided (e.g., Apple), these Terms do not create any third-party beneficiary rights.

21. Contact Information

If you have questions about these Terms or the Services, please contact us at:

Darnd, Inc.
Email: support@darnd.com
Website: https://whim.darnd.com