Terms & Conditions

Agreement between User and whimsydating.com

Welcome to Whimsy App and whimsydating.com. The Whimsy Application and whimsydating.com website (the "Site") are operated by New Solutions, LLC (DBA “Whimsy"). By using whimsydating.com, you agree to these terms, conditions, and notices (the "Terms"). Please read these Terms carefully and keep a copy for your reference.

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1. Introduction

1.1 These Terms govern your access to and use of the Whimsy App ("App"). By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree, do not use the App.

1.2 These Terms apply to all users of the App. You must be at least 18 years old to use the App.

1.3 We may modify these Terms at any time. We will notify you of changes by posting the updated Terms on the App. Continued use of the App after such notice means you accept the changes. Review these Terms periodically.

1.4 The App and Site may contain links to third-party websites ("Linked Sites"). Whimsy is not responsible for the content of Linked Sites and does not endorse them. Use Linked Sites at your own risk.

1.5 Using the App or sending emails to Whimsy constitutes electronic communications. You consent to receive electronic communications and agree they satisfy any legal requirement that communications be in writing.

1.6 You may terminate your account at any time through the App’s “Settings.” If you use a third-party payment account, manage in-app purchases through that account to avoid additional billing.

1.7 Whimsy may terminate your account without notice if you violate these Terms. No refunds will be given.

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2. The App and Geo-Location Services

2.1 The App uses GPS and other geo-location services for proximity-based matching. By using the App, you consent to its access to and use of your location data.

2.2 We strive to provide accurate location services but do not guarantee their availability, accuracy, or reliability.

2.3 By using the App, you agree to these Terms and waive any rights to require an original (non-electronic) signature.

2.4 You must be at least 18 years old to use the App. The Company may request proof of age.

2.5 Your use of the App signifies your acceptance of these Terms. The Company may send you notices via email, mail, or alerts within the App.

2.6 Whimsy does not knowingly collect personal information from children under 13.

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3. User Accounts and Profiles

3.1 To use certain features, you must register and create an account. Provide true, accurate, and complete registration information.

3.2 You are responsible for activities under your account. Do not share your credentials. Notify us of any unauthorized use.

3.3 Your profile must not contain illegal, offensive, or infringing content. We may remove any profiles or content at our discretion.

3.4 You may cancel your subscription at any time. No refunds are given through the app store or Google Play store.

3.5 By creating an account, you represent and warrant that:

• You can form a binding contract with Whimsy.

• You are not barred from using the Service under any applicable laws.

• You will comply with all applicable laws and regulations.

• You have not committed or been convicted of a felony, sex crime, or any violent crime unless you have received clemency for a non-violent crime and are not likely to pose a threat to other users.

• You are not required to register as a sex offender.

• You will use the latest version of the Service.

• You do not have more than one account.

• You have not previously been removed from the Service without express written permission.

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4. User Conduct and Communications

4.1 Use the App only for lawful purposes and in a respectful manner. Do not interfere with, disrupt, or negatively affect other users.

4.2 Do not harass, abuse, threaten, defame, or violate the rights of others. The App must not be used for harmful, fraudulent, deceptive, discriminatory, or unlawful purposes.

4.3 Communications via the App must comply with our content guidelines. We may monitor communications and suspend or ban accounts for abusive behavior.

4.4 Use Communication Services (e.g., forums, chat areas) appropriately. Do not post illegal, offensive, or infringing content. We may remove any material at our discretion.

4.5 Whimsy may monitor and remove content from Communication Services and terminate access without notice.

4.6 Exercise caution when sharing personal information. Whimsy is not responsible for the content or actions resulting from participation in Communication Services.

4.7 Respect usage limitations for materials uploaded to Communication Services.

4.8 By providing submissions (e.g., feedback, suggestions), you grant Whimsy and its affiliates the right to use them.

4.9 You are granted a non-exclusive, non-transferable, revocable license to access and use the App and Site according to these Terms. Do not use the App or Site unlawfully or in ways that damage or impair them.

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5. Fees and Billing

5.1 The App may offer paid subscriptions. Fees and billing terms are detailed on the App store. We may change fees and billing methods by posting updates on the App store.

5.2 Charges will be billed to the payment method designated during registration. Keep your billing information current and valid.

5.3 Subscriptions auto-renew by default. Cancel your subscription before the end of the current period to avoid renewal. No refunds are provided for partial periods.

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6. Termination

6.1 You may terminate your account at any time.

6.2 We may suspend or terminate your account for violating these Terms or applicable laws. Termination may occur without notice.

6.3 Upon termination, all licenses and access granted to you will be revoked. Fees paid to date are non-refundable. Certain sections (e.g., liability, indemnification) will survive termination.

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7. Disclaimers and Limitation of Liability

7.1 The App is provided "as is" without warranties regarding its services, functionality, or availability.

7.2 To the fullest extent permitted by law, the Company is not liable for indirect, incidental, special, consequential, or punitive damages.

7.3 Our maximum aggregate liability will not exceed the greater of the fees paid by you for the App in the 12 months prior or $100.

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8. Governing Law

These Terms and your use of the App are governed by Illinois law. Disputes will be resolved through binding arbitration in Chicago, Illinois, conducted by the American Arbitration Association.

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9. General Provisions

9.1 These Terms constitute the entire agreement between you and the Company regarding the App.

9.2 If any provision is held invalid, the remaining provisions will remain in effect. Failure to enforce any right or provision does not constitute a waiver.

9.3 The Company is not liable for failure to perform due to causes beyond its control.

9.4 You may not assign these Terms without our consent. We may assign our rights and obligations freely.

9.5 These Terms do not confer third-party beneficiary rights.

9.6 You agree to defend, indemnify, and hold harmless the Company and its affiliates from claims arising from your use of the App or violation of these Terms. This obligation survives termination.