Whimful Terms of Service

Last Updated: October 28, 2025

Welcome to Whimful. These Terms of Service ("Terms") govern your access to and use of the websites, products, and services (collectively, the "Services") provided by Whimful FZ-LLC, a limited liability company established in the Meydan Freezone, Dubai, United Arab Emirates ("Whimful," "we," "us," or "our").

Our Services include, but are not limited to:

Whimful: An advertising platform for advertisers.
AdTags.io: An ad tag preview and testing tool.
Goto.gt: A URL shortening service.

By creating an account, clicking "I agree," or by accessing or using any of our Services, you agree to be bound by these Terms and our Privacy Policy (available at https://whimful.com/privacy).

If you are using the Services on behalf of a business, company, or other legal entity (a "Company"), you represent and warrant that you have the authority to bind that Company to these Terms. In that case, "you" and "your" will refer to that Company.

PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES.

1. Accounts & Access

a. Account Creation

To access most Services, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to keep this information updated.

b. Business Use

You represent and warrant that you are accessing our Services exclusively for purposes relating to your trade, business, craft, or profession.

c. Account Security

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You must notify us immediately at security@whimful.com of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to protect your credentials.

2. General Terms (Applicable to All Services)

a. License to Use Services

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services for your internal business purposes.

b. Intellectual Property

Our IP: We and our licensors retain all right, title, and interest in and to the Services, including all underlying software, technology, and intellectual property rights.
Your IP: You retain all right, title, and interest in and to any content, data, ad creatives, or other materials you provide to Whimful ("Your Content"). You grant us a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute Your Content solely to provide and improve the Services.

c. Feedback

If you provide us with any feedback, ideas, or suggestions ("Feedback"), you grant us an unlimited, irrevocable, perpetual, and royalty-free license to use such Feedback for any purpose without any obligation or compensation to you.

d. Changes to Terms

We may modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and/or by email. Your continued use of the Services after such notice constitutes your acceptance of the modified Terms.

e. Marketing & Brand Features

You grant Whimful a non-exclusive, royalty-free, worldwide license to use your Company's name, logo, and other trademarks ("Brand Features") in our marketing materials, customer lists, and website (e.g., on a "Customers" page) for the sole purpose of promoting or advertising the Services. You may opt out of this by sending a clear written request to legal@whimful.com.

f. Testing & Service Improvement

You authorize us to periodically conduct tests that may affect your use of the Services, including, but not limited to, feature availability, ad formatting, and targeting. We conduct these tests to improve the quality, performance, and effectiveness of our Services.

3. Service-Specific Terms: Whimful & AdTags.io

This section applies to your use of our paid advertiser services, including Whimful and AdTags.io.

a. Payment and Invoicing

Post-Pay Model: Our Services are billed on a post-pay basis based on your usage (e.g., ad impressions, events processed, or other metrics as defined in the service interface).
Invoicing: We will provide you with a periodic invoice (e.g., monthly) for all charges accrued. You agree to pay all invoiced amounts within thirty (30) days of the invoice date, unless otherwise agreed in writing.
Payment Methods: You must maintain a valid payment method on file. You authorize us to charge your payment method for all outstanding fees.
Late Payments: Overdue payments may be subject to a late fee of 1.5% per month on the outstanding balance, or the maximum rate permitted by law, whichever is lower. We may suspend your access to the Services for non-payment.
Taxes: All fees are exclusive of applicable taxes (such as VAT or sales tax). You are responsible for paying all taxes associated with your purchases.

b. Refund Policy & Service Credits

No Refunds: All charges based on your usage of the Services are final, non-cancellable, and non-refundable. You are responsible for all charges, even if you stop using the Services.
Service Credits for Outages: If Whimful or AdTags.io experiences a verified service-wide outage (a "Service Outage"), your sole and exclusive remedy will be a service credit. This credit will be calculated as a pro-rata portion of your fees for the affected Service corresponding to the duration of the Service Outage. To receive a credit, you must submit a claim to our support team within 30 days of the outage. Credits are not cash refunds and will be applied to a future invoice.

c. Advertiser Content & Conduct

You are solely responsible for: (i) all ad creatives, data, and other materials you provide ("Your Content"); (ii) your ad trafficking or targeting decisions; (iii) all destinations to which your ads direct users (e.g., landing pages); and (iv) any services and products you advertise.

You represent and warrant that Your Content and your use of the Services will not:

Be illegal, fraudulent, deceptive, or misleading.
Infringe upon any third party's intellectual property rights (including trademark, copyright, or patent).
Contain or link to any malware, spyware, viruses, or other harmful code.
Promote or contain hate speech, harassment, discrimination, or violence.
Generate automated, fraudulent, or otherwise invalid impressions, clicks, conversions, or other events.
Violate any applicable law, regulation, or advertising industry standard.

We reserve the right to reject, remove, or request modifications to any of Your Content that violates these Terms.

d. No Performance Guarantee

You acknowledge that Whimful is a tools and platform provider. We do not promise, guarantee, or warrant any specific results from your use of the Services. We make no guarantees regarding the performance, clicks, conversions, return on ad spend, or any other outcome of your advertising campaigns.

4. Service-Specific Terms: Goto.gt

This section applies to your use of our free URL shortening service, Goto.gt.

a. Service Level

Goto.gt is provided to you as a free service, "AS IS" and "AS AVAILABLE." We make no representations, warranties, or guarantees regarding the uptime, availability, reliability, or speed of the service. We may modify, limit, or discontinue the Goto.gt service at any time without notice.

b. Acceptable Use Policy

You may not use Goto.gt to create, shorten, or distribute links to any website or content that:

Constitutes phishing, "scareware," or any other form of online scam.
Contains or distributes malware, viruses, trojans, or any other harmful software.
Promotes or facilitates illegal activities, including the sale of prohibited goods.
Is used for "spam" or sending unsolicited commercial emails.
Is defamatory, harassing, abusive, or promotes hate or discrimination.
Contains sexually explicit or pornographic material.
Infringes on the intellectual property or privacy rights of any third party.

c. Reservation of Rights

We reserve the right, in our sole discretion, to investigate any use of the Goto.gt service. We may deactivate, delete, or redirect any link, and/or suspend your access, without notice, for any activity that we believe violates these Terms. This includes, but is not limited to, links that infringe on the trademark or brand rights of a third party or are reported for abuse by others. We have no obligation to store or maintain your links or any associated data.

5. Termination

a. Termination by You

You may terminate these Terms at any time by closing your account(s) for all Services. If you terminate, you remain responsible for paying all outstanding fees and invoices for your use of Whimful and AdTags.io up to the date of termination.

b. Termination by Whimful

We may suspend your access or terminate these Terms and your account(s) immediately and without notice if you are in material breach of these Terms (including failure to pay fees or violation of the Acceptable Use Policy). We may also terminate these Terms for any other reason by providing you with thirty (30) days' written notice.

c. Effect of Termination

Upon termination, your license to use the Services ceases, your account(s) will be deactivated, and we may delete Your Content and your Goto.gt links. Sections 2(b, c, e, f), 3(a, d), 5(c), 6, 7, 8, and 9 will survive termination.

6. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WHIMFUL AND ITS AFFILIATES, OFFICERS, AND EMPLOYEES DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WHIMFUL MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WHIMFUL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WHIMFUL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, WHIMFUL'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO WHIMFUL FOR THE SERVICES IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

8. Indemnification

You agree to indemnify, defend, and hold harmless Whimful and its affiliates, officers, agents, and employees from and against any and all third-party claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with: (a) Your Content; (b) your breach of these Terms; (c) your violation of any applicable law; or (d) your use of the Services in a manner not authorized by these Terms.

9. Governing Law and Dispute Resolution

a. Governing Law

These Terms and any action related thereto will be governed by and construed in accordance with the laws of the Dubai International Financial Centre (DIFC), without regard to its conflict of laws provisions.

b. Dispute Resolution

Any dispute, claim, or controversy arising from or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of the Dubai International Financial Centre (DIFC).

10. Miscellaneous

a. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire and exclusive agreement between Whimful and you regarding the Services, and supersede all prior agreements.

b. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may freely assign or transfer these Terms.

c. Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.

d. Waiver

Our failure to enforce any right or provision will not be considered a waiver of such right or provision.

e. Contact

If you have any questions about these Terms, please contact us at legal@whimful.com.