1. About the Site

The Site provides information about Whim, participating brands and merchants, and products and rental options that may be available through Whim.

Information displayed on the Site, including information about products, merchants, pricing, availability, and rental options, is provided for general informational purposes and may change without notice. Availability and terms may vary by product, merchant, and customer.

The Site itself does not create a rental, subscription, purchase, or other agreement for any product or service. Any rental, subscription, or other service offered through Whim is subject to applicable eligibility requirements, availability, and separate terms presented in connection with that transaction.

2. Eligibility

The Site is intended for a general adult audience. Whim rental and subscription services may be subject to separate age and eligibility requirements.

3. Acceptable Use

You may use the Site only for lawful purposes and in accordance with these Terms.

You may not:

• use the Site in violation of applicable law;

• interfere with or disrupt the operation or security of the Site;

• attempt to gain unauthorized access to the Site or related systems;

• use automated means to access, scrape, copy, or extract content from the Site except as permitted by us or applicable law;

• introduce viruses, malicious code, or other harmful material;

• impersonate another person or misrepresent your affiliation with any person or organization; or

• use the Site or its content in a manner that infringes or violates the rights of Whim, its affiliates, or any third party.

4. Intellectual Property

The Site and its content, including text, graphics, logos, designs, photographs, software, and other materials, are owned by or licensed to Whim, its affiliates, or their respective licensors and are protected by applicable intellectual property laws.

Except as expressly permitted by these Terms or applicable law, you may not reproduce, modify, distribute, sell, or otherwise exploit Site content without the applicable rights holder’s permission.

Third-party names, trademarks, logos, and other intellectual property appearing on the Site remain the property of their respective owners.

5. Third-Party Websites

The Site may contain links to websites and services operated by participating merchants, brands, and other third parties. We do not control third-party websites and are not responsible for their content, availability, security, terms, or privacy practices.

Your use of a third-party website and any transaction you enter into directly with a third party are subject to that third party’s terms and policies.

6. Privacy

Our collection, use, and disclosure of personal information through the Site are described in our Privacy Policy.

7. Site Availability and Disclaimer

We may modify, suspend, restrict, or discontinue all or any part of the Site at any time.

To the fullest extent permitted by applicable law, the Site and its content are provided on an “as is” and “as available” basis, without warranties of any kind, express or implied, including warranties regarding the accuracy, completeness, availability, merchantability, fitness for a particular purpose, and non-infringement of the Site or its content.

Nothing in these Terms limits any warranty or right that cannot lawfully be excluded.

This Section applies only to the Site and does not modify any warranties, rights, or obligations arising under a separate agreement for a Whim rental, subscription, purchase, or other service.

8. Limitation of Liability

To the fullest extent permitted by applicable law, Whim and its affiliates, officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or relating to your use of, or inability to use, the Site.

Nothing in these Terms excludes or limits any warranty, right, or remedy that cannot lawfully be excluded or limited.

9. Governing Law and General Terms

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

Any dispute arising out of or relating to the Site or these Terms will be subject to the jurisdiction of the state courts located in San Francisco County, California, and the federal courts located in the Northern District of California, except where applicable law provides otherwise.

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in effect. Our failure to enforce any provision of these Terms does not waive our right to enforce it later.

These Terms constitute the entire agreement between you and Whim regarding your use of the Site. They do not modify or replace any separate terms governing a Whim rental, subscription, purchase, or other service.

10. Changes to These Terms

We may update these Terms from time to time. When we do, we will post the revised Terms on the Site and update the “Last Updated” date above. The revised Terms will apply to your use of the Site after they become effective.

11. Contact Us

If you have questions about these Terms, please contact us through the Contact Us page on the Site or at: