Terms of Service
Last updated: January 2025
Please read these Terms of Service ("Terms") carefully before using the Whim mobile application ("App") operated by Darnd Inc. ("we", "us", or "our").
Acceptance of Terms
By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.
Description of Service
Whim is an AI-powered image and video generation application that allows users to create visual content using pre-built workflows. The service operates on a credit-based system where users purchase credits to generate content.
User Accounts
To use certain features of the App, you must create an account. You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized use
Credits and Purchases
- Credits are required to generate AI content
- Credits are non-refundable except as required by law
- Unused credits do not expire while your account remains active
- Credits cannot be transferred between accounts
- Prices are subject to change with reasonable notice
Acceptable Use
You agree NOT to use the App to:
- Generate illegal, harmful, or offensive content
- Create content that infringes on intellectual property rights
- Generate deepfakes or misleading content of real individuals without consent
- Produce content depicting minors in any inappropriate context
- Circumvent any security features or usage limits
- Use automated systems or bots to access the service
- Resell or redistribute generated content as your own AI service
We reserve the right to suspend or terminate accounts that violate these guidelines.
Intellectual Property
Your Content: You retain ownership of the original images you upload. For AI-generated content, you are granted a license to use the output for personal and commercial purposes, subject to these Terms.
Our Content: The App, including its design, features, and underlying technology, is owned by Darnd Inc. and protected by intellectual property laws.
Disclaimer of Warranties
THE APP IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT GENERATED CONTENT WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DARND INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE APP, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES.
Indemnification
You agree to indemnify and hold harmless Darnd Inc. from any claims, damages, or expenses arising from your use of the App or violation of these Terms.
Termination
We may suspend or terminate your access to the App at any time for violation of these Terms or for any other reason at our discretion. Upon termination, your right to use the App ceases immediately.
Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes through the App or by email. Continued use of the App after changes constitutes acceptance of the modified Terms.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.
Contact Us
If you have any questions about these Terms, please contact us at: