The following terms and conditions (“Terms”) govern all use by you (“you” or “Customer”) of the whimsical.com website and all content, services, and products available at or through the website, including our unified suite of collaboration tools offered as an online software-as-a-service and any related APIs provided by Whimsical, together with all related mobile and desktop applications (taken together, our “Services”). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Whimsical’s Privacy Notice, Whimsical’s Acceptable Use Policy, Whimsical’s AI Supplementary Terms, and Whimsical’s Data Processing Addendum) and procedures that may be published from time to time by Whimsical (collectively, the “Agreement”). Your agreement is with Whimsical, Inc. (“Whimsical”, “we”, or “our”). 

If these Terms are considered an offer by Whimsical, acceptance is expressly limited to these Terms. These Terms apply to all individual visitors, Users, and others who wish to access or use the Services. These Terms apply to personal use of the Services only. If you are accessing or using the Services on behalf of an organization, business, or other legal entity (each an “Organization”) then your use of the Services, including ownership of any content created, stored, or transmitted using the Services, shall be governed by and subject to Whimsical’s Master Services Agreement.

By accessing or using any part of our Services, you agree to become bound by the Agreement; if you do not agree to be bound by the Agreement, you may not access or use any of our Services.

Definitions

“Administrator” means each User designated as an “Administrator” and thus assigned the right to access, modify, and/or delete Users and Workspaces and to otherwise exercise the rights of Customer granted pursuant to this Agreement.
“Content” is text, images, links, and other information that Users share in a Workspace. Content is divided into three categories: Customer Content, Organization Content, and Whimsical Content as more fully descried in the Section entitled “Content” below.

“Editor” means a paid User of the Services.

“Organization Email” means an email address provisioned by an Organization.

“Personal Email” means a User’s personal email address that is not tied to an Organization.

“Users” means the persons granted access to the Services by or on behalf of Customer, including its employees, independent contractors, and consultants. Users may include both Editors and Viewers.

“Viewer” means an unpaid User of the Services.

“Workspace” means each collaboration space within the Services onto which Content is posted by Users. 

Your Whimsical Account

To use our Services, you’ll need to create an account, either via Whimsical or through a third-party service such as Google. In the latter case, personal information you provide to that third party (such as your name, email address, and other information) will be provided to Whimsical through the third party service in accordance with your privacy settings on that third party service. We will use the personal information provided by the third party service to create your Whimsical account. You agree to provide us with complete and accurate information when you register for an account. You will not share your account credentials, or use them in multiple locations at the same time. You must use a unique identity to access and use the Services, and may access the Services only to the extent purchased by you.

You may attach multiple email addresses to your Whimsical account, including both an Organization Email and a Personal Email. Please be aware that using an Organization Email may affect the ownership of any Content you create on Workspaces using such Organization Email as described in these Terms.

You are responsible for maintaining the security of your account and your password, and you are fully responsible for all activities that occur under the account, whether or not you authorized that activity and whether such activities are caused by you or a third party that you permit to access or use the Services. You must immediately notify Whimsical of any unauthorized uses of your account, or any other breaches of security. Whimsical will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. You agree that all information you provide to register for our Services or otherwise, including, but not limited to, through the use of any interactive features on our website, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.

Our Services contain customizable settings that allow you to give permission to other Users to perform various tasks within the Services (“Permissions”). It is Customer’s sole responsibility to set and manage all Permissions. Accordingly, Whimsical will have no responsibility for managing Permissions and no liability for the Permissions you set. Customer represents and warrants that it is fully responsible for any breach of this Agreement and fully responsible for all payment obligations under this Agreement incurred through its account and/or as a result of any Permissions granted. 

Our Services are not directed to children. Access to and use of our Services is only for those over the age of 16. If you are younger than 16, you may not register for or use our Services. Any person who registers as a User or provides their personal information to our Services represents that they are 16 years of age or older. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at privacy@whimsical.com. 

Workspaces

Content submitted, posted, created, or modified by Users in the Services is organized into a Workspace. Each Workspace has an Administrator or Administrators who has the right to access, modify, and/or delete Users, Content, and to otherwise exercise control over the Workspace.

If you have multiple email addresses tied to your Whimsical account, upon creating a new Workspace you will be prompted to choose from which email address the Workspace will be created. This email address will be the initial Administrator for such Workspace. 

There are two general types of Workspaces on the Services:

• “Personal Workspaces” that are owned and created by you using your Personal Email. Personal Workspaces can only be accessed by you unless and until you invite other Users and/or change the rights associated with such Workspace by adjusting the Permissions.
• “Organization Workspaces” that are owned by an Organization with an eligible subscription and can be accessed by multiple Users or Workspaces created using an Organization Email that are claimed by an Organization as described in “Interacting with Organization Workspaces” and “Content” below. 

If you create Personal Workspaces using your Personal Email, your Personal Workspace is your own and Customer Content created therein is not shared with other Users unless you adjust the Permissions.

Interacting with Organization Workspaces

If you create Workspaces with an Organization Email, the Organization that provisioned your Organization Email may, subject to the appropriate subscription to the Services, be able to (i) view information about any Workspace you create or for which you are an Administrator; (ii) access a list of Workspace Users and the Content; and (iii) manage your Workspace, including to claim control and ownership of such Workspace and the Content therein.

If you join an Organization Workspace (whether using your Personal Email or your Organization Email), such Organization Workspace is subject to the Organization’s control and you agree that any Content created in such Organization Workspace will be shared with the Organization and may be accessed, modified, or deleted by the Organization Workspace owner or Administrator. If you join an Organization Workspace, your use must comply with that Organization’s policies and any agreement that you may have with that Organization. Organization Administrators may be able to access, disclose, restrict, or remove Content in or from the Organization Workspace and/or restrict or terminate your access to the Organization Workspace. 

You may convert an existing Personal Workspace into an Organization Workspace by (i) adding Users with an Organization Email as Administrators to such Workspace, or (ii) if such Personal Workspace was created using an Organization Email, failing to change your Organization Email to a Personal Email upon notification from Whimsical that an Organization has claimed such Workspace since it is tied to an Organization Email. If you convert an existing Personal Workspace into an Organization Workspace or transfer or share content with an Organization Workspace, the Administrator(s) of such Organization Workspace may prevent you from later disassociating Content from the Organization Workspace and/or may remove you from such Workspace entirely.

An Organization may (i) invite you to access and contribute to its Organization Workspace; and/or (ii) invite you to join the Services as a User under its account. As stated in the “Content” section of these Terms, if you submit or post Content to an Organization Workspace, such Content is Organization Content and as between you, Whimsical, and such Organization, the Organization may claim such Organization Content and then own all rights to such Organization Content. For the avoidance of doubt, the foregoing does not prevent you from entering into a separate agreement between you and the Organization that addresses ownership of Content as between you and such Organization.

If you created a Whimsical account on behalf of an Organization, the Organization is the account owner and not you individually. Organizations are authorized to add and remove Users from its Organization Workspaces and its account and modify and re-assign roles on the Organization Workspace (including your role). If the Organization elects to replace you as the Administrator with ultimate authority for the Organization Workspace, you agree to take any actions reasonably requested by us or the Organization to facilitate the transfer of authority to a new Administrator of the Organization.

If you are accessing an Organization Workspace, you acknowledge that the Services as used by you under such circumstances are a workplace tool intended for use by businesses and organizations and not for consumer purposes. To the maximum extent permitted by law, you hereby acknowledge and agree that consumer laws do not apply in connection with such use of an Organization Workspace and/or your access to the Services through an Organization Email.

Content

Content made available in a Workspace can be categorized in three ways:

• “Customer Content” is Content that you make available in a Personal Workspace through an account using a Personal Email. Customer Content does not include Organization Content or Whimsical Content. 
• “Organization Content” is any Content posted on an Organization Workspace and any Content posted through an account using an Organization Email. 
• “Whimsical Content” means text, graphics, images, machine learning models, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services by Whimsical or its licensors. 

Customer Content Ownership: We do not claim any ownership rights in your Customer Content. As between you and Whimsical, you retain any and all of your rights to your Customer Content. We consider all Customer Content to be confidential and we do not use, share, or access Customer Content unless directed to do so by you, to ensure compliance with these Terms, and/or to comply with applicable law and other legal requirements. For example, with your permission we would access your Customer Content to respond to and solve your support request. 

Rights in Customer Content: You are solely responsible for Customer Content and indicate that you own or have the necessary rights to all of Customer Content, and that use of Customer Content does not infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation, and that the Customer Content complies with these Terms. By making any Customer Content available through the Services, you hereby grant to Whimsical a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, host, cache, store, reproduce, transmit, publish, distribute and modify (for formatting purposes only), your Customer Content solely in connection with operating and providing the Services and Whimsical Content to you and, depending on the Permissions you grant, to other users, individuals, and/or organizations. Subject to the foregoing license, as between Whimsical and you, you retain any and all of your rights to your Customer Content. 

Organization Content: Subject to an Organization’s subscription plan, an Organization may claim all Organization Content, which includes any Content you post to an Organization Workspace and any Content you create using an Organization Email. An Organization may claim Organization Content created and/or posted by you by subscribing to the Services at the appropriate subscription level. You will receive prior written notice regarding the claiming of your Content as follows:

• If Organization Content is claimed based on you having posted Content to Workspaces using your Organization Email, you will receive prior notice to your Organization Email.
• If your Content is claimed based on you having contributed to an Organization Workspace using your Personal Email, you will receive prior notice to your Personal Email.

Upon receiving notice via email, you will have the opportunity to, as applicable, (i) change the email address associated with your account to a Personal Email, (ii) move your Customer Content out of an Organization Workspace, or (iii) copy your Customer Content to a Personal Workspace. If you take no action, your Customer Content will be claimed by the Organization. You acknowledge that if you create Organization Content then as between you and the Organization, if the Organization has the appropriate subscription plan and claims the Organization Content, the Organization will own the rights to any such Organization Content.

Sharing Customer Content: You may designate your Customer Content as “public” by setting the Permissions to “public”. If you post your Customer Content publicly, such Customer Content becomes non-confidential and non-proprietary (“Public Customer Content”). You agree that Customer Content you designate as public will be accessible by and be available to other Users of the Services to whom you grant access to such Public Customer Content. Consequently, you understand and agree that such Users will have the right to view, comment on, and tag your Public Customer Content. If you grant Users additional Permissions with respect to your Customer Content, you understand and agree that such Users will, depending on the Permissions you grant, have the ability to use, publish, display, modify, or duplicate such Customer Content. You grant Whimsical all rights necessary to make any of your Public Customer Content available to other Users of the Services and to permit those users to engage in the activities described in this section with respect to your Public Customer Content.

Removal of Customer Content: You can remove Customer Content by deleting it. However, in certain instances, some of Customer Content may not be completely removed (for example, when your data is shared with someone else, including in an Organization Workspace). We are not responsible or liable for the removal or deletion of any of Customer Content, or the failure to remove or delete such Customer Content.

Compliance with Laws: Customer Content must comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Customer Content must not, and will not permit any of its Users (including its employees, contractors, affiliates, agents, or personnel) to:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Notice.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that it emanates from or is endorsed by us or any other person or entity, if this is not the case.

Rights in Whimsical Content: Subject to your compliance with these Terms, Whimsical grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to download, view, copy, display and print the Whimsical Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

Responsibility of Users

Whimsical has not reviewed, and cannot review, all of the Content, including computer software, posted to our Services, and cannot therefore be responsible for that Content, its use or effect. By operating our Services, Whimsical does not represent or imply that it endorses the Content there posted, or that it believes such Content to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive Content. Our Services may contain Content that is offensive, indecent, or otherwise objectionable, as well as Content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain Content that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Whimsical disclaims any responsibility for any harm resulting from the use by visitors or Users of our Services, or from any downloading by those visitors or Users of Content there posted.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate Whimsical, a Whimsical employee, another User, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Services, or which, as determined by us, may harm Whimsical or Users of our Services, or expose them to liability.

Additionally, you agree not to:

• Use our Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of our Services, including their ability to engage in real time activities through the Services.
• Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
• Use any manual process to monitor or copy any of the material on our website, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of our Services.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Services or any server, computer, or database connected to our Services.
• Otherwise attempt to interfere with the proper working of the Services.

Monitoring, Enforcement, and Termination

We reserve the right to:

• Take any action with respect to any Public Customer Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Public Customer Content violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Users of our Services or the public, or could create liability for Whimsical.
• Disclose your identity or other information about you to any third party who claims that your Public Customer Content violates their rights.
• Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS WHIMSICAL AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We cannot undertake to review Public Customer Content and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Fees, Payment, and Renewal

Fees: Our Services are free with optional paid upgrades (“Paid Services”). By using a Paid Service, you agree to pay the specified fees, which we’ll bill or charge you for in regular intervals (such as monthly or annually), on a pre-pay basis until you cancel, which you can do at any time via the workspace subscription settings (https://whimsical.com/workspace/subscription). All fees are exclusive of, and Customer shall pay, all sales, use, excise and other taxes, including VAT, and applicable export and import fees, customs duties and similar charges that may be levied upon you in connection with your use of Paid Services, except for employment taxes and taxes based on Whimsical’s net income. If Whimsical reasonably determines that it is required to collect tax from you in connection with your use of Paid Services, then Whimsical may include the amount of such tax in the charges for which you are billed, and you shall pay such taxes.

Payment: If your payment fails or Paid Services are otherwise not paid for on time, we may immediately cancel or revoke your access to the Paid Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services in general. Whimsical does not accept payment by physical check.

Automatic Renewal: To ensure uninterrupted service, our Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any taxes). Your Paid Services are renewed for the same interval of time. For example, if you purchase a Whimsical.com annual plan, you will be charged each year.

Refunds: While you may cancel a Paid Service at any time, refunds are issued in our sole discretion.

Fee Changes: We may change our fees at any time. When applicable, we may give you advance notice of the fee changes. If you do not agree with the fee changes, you may cancel your Paid Service.

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Whimsical.com links, and that link to Whimsical.com. Whimsical does not have any control over those non-Whimsical.com websites and is not responsible for their contents or their use. By linking to a non-Whimsical.com website, Whimsical does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Whimsical disclaims any responsibility for any harm resulting from your use of non-Whimsical.com websites and webpages.

Copyright Infringement and DMCA Policy

As Whimsical asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Whimsical.com violates your copyright, you are encouraged to notify Whimsical (copyright@whimsical.com) in accordance with Digital Millennium Copyright Act of 1998. Whimsical will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Whimsical will terminate a visitor’s access to and use of the Services if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Whimsical or others. In the case of such termination, Whimsical will have no obligation to provide a refund of any amounts previously paid to Whimsical.

Intellectual Property

This Agreement does not transfer from Whimsical to you any Whimsical or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Whimsical. Whimsical and its licensors exclusively own all right, title and interest in and to the Service and Whimsical Content, including all associated intellectual property rights. Whimsical, Whimsical.com, the Whimsical.com logo, and all other trademarks, service marks, graphics and logos used in connection with Whimsical.com or our Services, are trademarks or registered trademarks of Whimsical or Whimsical’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Whimsical or third-party trademarks. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Whimsical Content.

Third Party Services

We may offer to you the ability to access, or the Services may be integrated or interact with, third party applications, links, websites, and services (“Third Party Applications”) to make the Services available to you. These Third Party Applications may have their own terms and conditions of use and privacy policies. Your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that we do not endorse and are not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications, nor does Whimsical warrant the compatibility or continuing compatibility of the Third Party Applications with the Services.

Third Party Applications may include features of functionality made available by Whimsical that utilize data models trained by machine learning (“Whimsical AI”). Use of Whimsical AI is governed by the Whimsical’s AI Supplementary Terms. By using Whimsical AI features or functionality, you agree to be bound by the Whimsical’s AI Supplementary Terms. 

Changes

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

Termination

Whimsical may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Whimsical.com account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

Our Services are provided “as is”. Whimsical and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Whimsical nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

Jurisdiction and Applicable Law

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of Delaware, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Denver County, Colorado.

Arbitration Agreement

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.

Limitation of Liability

In no event will Whimsical, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Whimsical under this Agreement during the twelve (12) month period prior to the cause of action. Whimsical shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that your use of our Services: (a) will be in strict accordance with this Agreement; (b) will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from the United States or the country in which you reside, privacy, and data protection); and (c) will not infringe or misappropriate the intellectual property rights of any third party.

US Economic Sanctions

You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Whimsical reserves the right to terminate accounts or access of those in the event of a breach of this condition.

Indemnification

You agree to indemnify and hold harmless Whimsical, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between Whimsical and you concerning the subject matter hereof. We may modify any part of this Agreement by posting a revised version at https://whimsical.com/terms. The revised version will become effective and binding the next business day after it is posted. If you do not agree with a modification to the Agreement, you should cease use of the Services immediately.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Whimsical may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Your Comments and Concerns

The Services are operated by Whimsical, Inc., 1630 Welton Street, 7^th Floor, Denver, Colorado 80202, USA. All notices of copyright infringement claims should be sent to copyright@whimsical.com. All other feedback, comments, requests for technical support, and other communications relating to our website, the Services, and these Terms should be directed to help@whimsical.com.