Whirl Terms of Service

You must be at least 18 years of age to access or use the Services. By accessing or using the Services, you represent and warrant that you are at least 18 years old and legally capable of entering into these Terms. The Services are not intended for or available to anyone under 18, and no parent, guardian, or other person may consent on behalf of a minor to use the Services.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately at support@whirl.art if you suspect any unauthorized access to or use of your account. You may not create an account or use the Services if you are under 18 years old.

You retain all ownership rights in the content you upload, the prompts you submit, and the images, videos, and other materials you generate using the Services (“Outputs”).

By using the Services, you grant Whirl a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, modify (as technically necessary), distribute, display, and otherwise use your uploads, prompts, and Outputs solely to the extent necessary to operate, provide, improve, and protect the Services.

Additionally, for any Outputs, posts, and other content that you make publicly available on the Services, you grant Whirl a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, display, distribute, and publicly perform such public content for the purpose of operating, promoting, marketing, and advertising Whirl and the Services. This license applies to content while it is public on the Services and, if the content is later removed, deleted, or made private, continues only to the extent reasonably necessary to allow Whirl to continue using, displaying, distributing, and publicly performing promotional materials that were created, published, scheduled, licensed, or committed to before the content was removed, deleted, or made private.

You also grant Whirl a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use your public profile information (such as your username, profile picture, display name, and bio) for the purpose of operating, promoting, marketing, and advertising Whirl and the Services, subject to the same limitation above.

We may use aggregated and anonymized versions of user prompts, uploads, and Outputs to analyze trends, train, and improve our AI models and the Services. We do not use your identifiable individual prompts, uploads, or Outputs to train AI models. Except as otherwise described in these Terms, we use such content only as necessary to operate, provide, improve, and protect the Services.

You represent and warrant that:

• you own or have all necessary rights and permissions to your uploads, prompts, and Outputs;
• your use of the Services and any Outputs will not infringe or violate any third-party rights; and
• you will not use any Outputs to train competing AI models or for any competitive purpose against Whirl.

AI Output Disclaimer: All Outputs are generated using third-party AI models. We do not guarantee that any Output is original, accurate, error-free, or free from third-party intellectual property claims. Outputs may resemble existing works. You are solely responsible for reviewing Outputs and ensuring they do not infringe third-party rights. Whirl is not liable for any claims arising from your use of Outputs.

Third-Party AI Consent: You understand and consent to your prompts and uploaded content being transmitted to third-party AI service providers for processing and generation of Outputs. We only share the minimum data necessary and do not share your personal information beyond what is required for the Services.

Subject to your compliance with these Terms and your payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services and to use the Outputs for any personal or commercial purpose, subject to the limits of your subscription plan. You may not resell, sublicense, distribute, or otherwise make the Services (or any part thereof) available to third parties.

You agree not to:

• Generate, upload, or distribute material that is illegal, harmful, hateful, defamatory, obscene, or that constitutes child sexual abuse material (CSAM), or that infringes third-party rights;
• Submit prompts or content that violate applicable laws or these Terms;
• Attempt to reverse engineer, decompile, circumvent, or interfere with any security features of the Services;
• Use the Services to compete with Whirl or train competing AI models;
• Harass, spam, impersonate others, or engage in abusive behavior;
• Use automated means (bots, scrapers, etc.) to access the Services except as expressly permitted.

We provide in-app tools to report objectionable content and block users. If you encounter violating material, please use the report feature or email support@whirl.art. We employ proactive measures, including automated filtering and human review, to detect and prevent the generation or distribution of objectionable material, such as illegal, harmful, or infringing content. Additionally, we review user reports and take appropriate action, which may include content removal, account suspension, or termination. Violations may result in immediate content removal, account suspension, or permanent termination without refund.

Subscriptions and credits may be purchased through the Services only where available and as permitted by the applicable purchase platform, purchase method, and law. All purchases are final and non-refundable except as required by applicable law. Subscriptions automatically renew until canceled in accordance with the billing terms applicable to the purchase platform. If you purchased a subscription through Apple, billing and subscription management are handled by Apple, and deleting your Whirl account does not automatically cancel your Apple-billed subscription; you must manage or cancel it through your Apple ID subscription settings.

If you request account deletion, your account will be deactivated and scheduled for permanent deletion as described below. During the 90-day reactivation period described in Section 7, your unused credits, tokens, generation history, and other account data will be retained and restored if you reactivate your account within that period. If your account is not reactivated within that 90-day period and is permanently deleted, all remaining credits, tokens, and unused entitlements purchased directly from Whirl or through a non-Apple purchase method may be permanently forfeited without refund, except as required by applicable law. Credits or tokens purchased through Apple in-app purchase will be handled in accordance with Apple’s applicable platform rules and any required restoration rights.

You may delete your account at any time through the app (Settings → Account → Delete Account). When you request account deletion through the app, your account is immediately deactivated and scheduled for permanent deletion. Your profile and content will no longer be visible on Whirl during this period. You may reactivate your account within 90 days by logging back in. If you do not reactivate within 90 days, your account and personal information will be permanently deleted, except for limited information we may retain for legal compliance, fraud prevention, safety, or backup purposes. Deleting your account does not automatically cancel subscriptions that are billed and managed by a third-party purchase platform, including Apple-billed subscriptions, which must be managed or canceled through the applicable platform. Subscriptions purchased directly from Whirl, if any, will be handled in accordance with the billing terms applicable to the purchase method. Refunds, if any, are subject to applicable law and the policies of the purchase platform. Credits, tokens, and unused entitlements will be retained during the 90-day reactivation period and will be restored if you reactivate your account within that period. If your account is permanently deleted after that period, all remaining credits, tokens, and unused entitlements purchased directly from Whirl or through a non-Apple purchase method may be permanently forfeited without refund, except as required by applicable law. Credits or tokens purchased through Apple in-app purchase will be handled in accordance with Apple’s applicable platform rules and any required restoration rights.

We may suspend or terminate your access at any time, with or without notice, for violation of these Terms or for any other reason in our sole discretion.

The Services, underlying technology, trademarks, and all other intellectual property are owned by Whirl or its licensors. Nothing in these Terms transfers any ownership rights to you.

DMCA / Copyright Infringement: If you believe any content on the Services infringes your copyright, please send a written DMCA notice to support@whirl.art containing all information required under the DMCA. We will respond and take action as required by law.

The Services and all Outputs are provided “AS IS” and “AS AVAILABLE” without any warranties of any kind, express or implied. Whirl disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

To the fullest extent permitted by law, Whirl’s total aggregate liability arising out of or relating to these Terms or the Services shall not exceed the total amount you paid to us in the twelve (12) months immediately preceding the claim. In no event shall Whirl be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages.

You agree to indemnify, defend, and hold harmless Whirl, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney fees) arising out of or in any way connected with your access to or use of the Services, your content or Outputs, or your violation of these Terms.

Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in New York County, New York, administered by JAMS under its then-current rules, to the extent permitted by applicable law. You and Whirl waive any right to participate in a class action lawsuit or class-wide arbitration and any right to a jury trial. This section shall survive termination of these Terms.

These Terms are governed by the laws of the State of New York, without regard to its conflict of laws principles.

We may modify these Terms from time to time. We will notify you of material changes by posting the updated Terms within the Services or by email. Your continued use of the Services after such changes constitutes your acceptance of the revised Terms.

These Terms constitute the entire agreement between you and Whirl. If any provision is held invalid, the remainder of the Terms shall continue in full force and effect. Our failure to enforce any right or provision does not constitute a waiver. We are not liable for any delay or failure to perform due to causes beyond our reasonable control.

If you have any questions about these Terms, please contact us at support@whirl.art.