Terms of Service

Effective Date: January 1, 2025

1. Agreement to Terms

By accessing and using Whenly ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service. These Terms apply to all users, including visitors, registered users, and content creators.

2. Description of Service

Whenly provides a platform for creating, customizing, and sharing countdown links for events, celebrations, and special occasions. Our service includes:

  • Countdown creation and customization tools
  • AI-powered theme generation and design assistance
  • Shareable countdown links and embed options
  • Analytics and engagement tracking
  • User accounts for managing multiple countdowns

3. User Accounts

To access certain features, you may need to create an account. When creating an account, you must:

  • Provide accurate, complete, and current information
  • Maintain the security of your password and account
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorized use

You must be at least 13 years old to create an account. Users under 18 must have parental consent.

4. Acceptable Use

You agree not to use the Service to:

  • Post illegal, harmful, threatening, abusive, or offensive content
  • Infringe upon intellectual property rights of others
  • Distribute spam, malware, or engage in phishing
  • Impersonate others or provide false information
  • Attempt to gain unauthorized access to our systems
  • Use the service for commercial purposes without permission
  • Create countdowns for illegal activities or events
  • Violate any applicable laws or regulations

5. Content and Intellectual Property

Your Content: You retain ownership of content you create using Whenly, including countdown details, descriptions, and customizations. By using our Service, you grant us a license to display, store, and share your content as necessary to provide the Service.

Our Content: Whenly owns all rights to the Service itself, including our software, AI models, designs, trademarks, and proprietary technology. You may not copy, modify, or distribute our proprietary content.

Third-Party Content: We may integrate third-party services (fonts, images, AI models) that are subject to their own terms and licenses.

6. Privacy and Data

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your information. By using the Service, you consent to our privacy practices as described in the Privacy Policy.

7. Service Availability

We strive to provide reliable service but cannot guarantee 100% uptime. We reserve the right to modify, suspend, or discontinue any part of the Service with or without notice. We may also impose usage limits or restrictions to ensure fair access for all users.

8. Fees and Payment

Basic countdown creation is free. Premium features, if available, may require payment. All fees are non-refundable unless required by law. We reserve the right to change our pricing structure with 30 days' notice.

9. Termination

Either party may terminate your account at any time:

  • By You: You may delete your account through your settings or by contacting us
  • By Us: We may suspend or terminate accounts that violate these Terms or for business reasons

Upon termination, your access will cease, but publicly shared countdown links may remain accessible. We may retain certain information as required by law or for legitimate business purposes.

10. Disclaimers and Limitations

Service "As Is": Whenly is provided "as is" without warranties of any kind, whether express or implied. We do not warrant that the service will be uninterrupted, error-free, or meet your specific requirements.

Limitation of Liability: To the maximum extent permitted by law, Whenly shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service. Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim.

11. Indemnification

You agree to indemnify and hold harmless Whenly and its affiliates from any claims, damages, or expenses arising from your use of the Service, violation of these Terms, or infringement of third-party rights.

12. Governing Law

These Terms are governed by the laws of the United States and the State of California, without regard to conflict of law principles. Any disputes will be resolved through binding arbitration or in the courts of California.

13. Changes to Terms

We may update these Terms from time to time to reflect changes in our Service or legal requirements. We'll notify you of significant changes by email or through the Service. Continued use after changes constitutes acceptance of the new Terms.

14. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect. We may replace invalid provisions with valid ones that achieve similar objectives.

15. Contact Information

If you have questions about these Terms of Service, please contact us:

Email: legal@whenly.fyi

General Inquiries: hello@whenly.fyi