By creating an account or using Whimsy Ink ("the Service," operated by Michael Benko, doing business as Whimsy Ink — "Whimsy"), you agree to these Terms. If you don't agree, don't use the Service.
You must be 18 years of age or the age of legal majority in your jurisdiction, whichever is higher, to use the Service. By creating an account, you confirm you meet this requirement. Whimsy Ink uses AI to generate novels. Because AI-generated content requires editorial judgment and personal responsibility, we limit the Service to adults.
You're responsible for keeping your login credentials secure. You're responsible for everything that happens under your account. One account per person. Don't share credentials. If you believe your account has been compromised, contact us immediately.
You own your book. All of it. Every novel generated through the Service belongs entirely to you: Whimsy claims no right, title, or interest in the copyright or any other intellectual property in your work. There is no royalty, no revenue share, and no right of first refusal. You are free to publish, sell, license, adapt, or otherwise exploit your work in any medium, in any territory, without restriction or obligation to Whimsy — subject only to the limited licenses described in Section 5 below and consistent with the non-exclusivity provisions in Section 4A.
You acknowledge and agree that Whimsy may publicly identify your work as having been created on the Whimsy Ink platform. This right permits Whimsy to truthfully and publicly state that a particular work was generated using the Service, to reference your work by title in press releases, marketing materials, investor communications, case studies, and media inquiries, and to include your work in curated showcases, editorial features, and "created on Whimsy Ink" collections. Whimsy will exercise this right at its sole discretion. For the avoidance of doubt, this Section does not impose any obligation on you to attribute or credit Whimsy in connection with your work. It grants Whimsy the right — but not the obligation — to associate its brand with your work.
The copyright status of AI-generated content is an evolving area of law. As of the effective date of these Terms, the U.S. Copyright Office has indicated that purely AI-generated content without sufficient human authorship may not be eligible for copyright registration. The degree of your creative input, editorial judgment, selection, and arrangement may affect the copyrightability of your work. Whimsy makes no representation or warranty regarding the copyrightability of any content generated through the Service. We strongly encourage you to consult with an intellectual property attorney if you intend to pursue commercial exploitation or copyright registration of works generated on the platform.
Any original creative idea, concept, premise, character concept, genre selection, or instruction that you provide to the Service ("User Spark") is and remains your intellectual property. Nothing in this Section transfers ownership of your original creative input to Whimsy.
The Service's generation systems produce intermediate creative material in response to User Sparks — including but not limited to brainstormer outputs, genre card results, Dream Page compositions, story prompts, suggested titles, back cover copy, and chapter architectures (collectively, "Platform-Generated Materials"). Platform-Generated Materials that are incorporated into a Finished Work belong to you as part of that Finished Work, consistent with Section 4. A "Finished Work" means a completed novel or other completed creative work generated through the Service.
However, all Platform-Generated Materials are provided on a strictly non-exclusive basis. You acknowledge and agree that:
Platform-Generated Materials that you do not incorporate into a Finished Work — such as brainstormer concepts you did not select, shaped wishes you did not generate from, and intermediate pipeline materials — are provided for your use exclusively within the Service. You may not extract, copy, republish, redistribute, or repurpose such materials outside the Service. For the avoidance of doubt, the prompts, instructions, and orchestration logic the generation systems use internally are Whimsy's confidential and proprietary technology and are not provided to you at all.
You may not systematically access, collect, record, reproduce, or reconstruct the prompts, instructions, templates, genre modules, or orchestration logic used by Whimsy's generation systems for any purpose, including but not limited to building, training, fine-tuning, or operating a competing or substantially similar service.
You may not reverse engineer, decompile, disassemble, or otherwise attempt to derive the design, architecture, methods, algorithms, or operational logic of the Service or any component of its generation pipeline. This prohibition includes — but is not limited to — analyzing patterns across multiple generated novels or Platform-Generated Materials to reconstruct or approximate the prompts, model configurations, orchestration sequences, or creative methodologies used by the Service. You may not use the Service, its outputs, or any Platform-Generated Materials as a basis for developing, improving, or benchmarking a competing or substantially similar product or service.
By using the Service and generating or uploading content, you grant Whimsy the following limited licenses. These licenses allow us to operate the platform and promote your work within it. They do not transfer ownership of your content to us.
You grant Whimsy a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, display, reproduce, distribute, excerpt, adapt, transform, reformat, create derivative works from, and promote your content on and through the platform, in any format or medium, whether now known or hereafter developed. This license permits us to make your work available on the platform, feature it in editorial selections and recommendations, include excerpts in marketing and promotional materials for the platform, generate derivative presentations of your work through the platform (including but not limited to audio, visual, and interactive formats), and continue making your work available on the platform even if you subsequently deactivate your account. This license is non-exclusive — it does not prevent you from publishing, distributing, or licensing your work anywhere else, at any time, through any channel.
If you publish a novel to the Whimsy Ink library, this license becomes irrevocable for that work — you cannot withdraw it or request removal of the novel from the library (see Section 9).
You grant Whimsy a perpetual, worldwide, non-exclusive, royalty-free license to use, process, and analyze your creative inputs (prompts, parameters, and generation settings) for the purpose of operating, maintaining, and improving the generation pipeline. This license permits us to continue operating the pipeline for all users, including generating content from similar or identical inputs provided by other users. You acknowledge that the generation pipeline relies on third-party model providers and that Whimsy cannot guarantee how third parties handle data processed through their systems.
Whimsy does not share subscription revenue, advertising revenue, or any platform-level revenue with authors. Revenue Whimsy earns from operating the reading platform (including the reading subscription) belongs entirely to Whimsy. Your 100% ownership entitles you to the revenue you generate from the IP outside the platform — book sales, licensing, adaptations, and any other commercial use — without any royalty or revenue share owed to Whimsy. Reads on the platform do not generate payments to authors.
The following content is permitted with appropriate content warnings: literary violence, profanity, dark themes (including abuse, addiction, trauma, grief, mental health), and romantic content including attraction, desire, emotional intimacy, tension, and love scenes focused on emotional connection. Whimsy Ink does not allow sexually explicit or pornographic content. We employ automated safeguards to prevent such content from being generated, but no filtering system is perfect — AI-generated content may occasionally include material that exceeds our guidelines. You are responsible for reviewing all generated content before publishing or distributing it, and you assume all risk and responsibility for content generated through your use of the Service. By using Whimsy Ink, you acknowledge that you may encounter content — whether in your own generated novels or in works published to the community library by other users — that contains mature themes, romantic or sexual situations, or other material you may find objectionable, and you accept this risk as a condition of using the Service.
The following content is never permitted and will result in immediate removal and potential account termination:
Whimsy reserves the right to rate, restrict, re-rate, or remove any content at its sole discretion.
All content submitted to the Whimsy Ink library is subject to review before publication. Whimsy uses automated systems and human review to enforce these Terms. Whimsy may remove content, issue warnings, suspend accounts, or permanently ban users who violate these Terms.
Once a novel is published to the Whimsy Ink community library, it cannot be deleted from the library by the user. You may remove your name from a published novel at any time (the novel will become anonymous), but the novel itself remains in the library. This is necessary to protect the integrity of the reading community — readers, comments, and engagement around a published work should not disappear because the author changed their mind. Whimsy reserves the right to remove any published novel at its sole discretion.
All novels created through the Service are generated by artificial intelligence. AI-generated content is provided "as is." Whimsy does not guarantee the accuracy, originality, quality, or appropriateness of any generated content.
You acknowledge and agree that the generation pipeline operates on shared AI models and that similar or identical creative inputs from different users may produce similar, substantially similar, or identical outputs — including outputs that contain the same words, sentences, passages, or structural elements. This is an inherent characteristic of AI-generated content, not a defect of the Service. You expressly waive any claim against Whimsy, its affiliates, or any other user arising from the similarity or identity of AI-generated content produced by the pipeline, regardless of the degree of overlap.
AI models may produce identical or substantially similar content when given identical or similar inputs. This is an inherent characteristic of how AI-generated content works. Because of this, your generation of content on the platform does not grant you the right to prevent Whimsy or other users from generating similar or identical content through the Service. You may not assert intellectual property claims, make legal demands, or take any other action intended to halt, restrict, or interfere with the generation of content through the platform — including content that is identical to your own. Whimsy reserves the right to suspend or terminate accounts, or remove content, where it determines in its reasonable judgment that the Service is being used in a manner inconsistent with personal creative use or that interferes with the platform's ability to serve other users.
From time to time, Whimsy may invite select users to participate in the Whimsy Originals program, which may include enhanced promotion and featuring on the platform, editorial support and production services, audiobook production, collaborative marketing and cross-promotion opportunities, and revenue-sharing arrangements. Participation in the Whimsy Originals program is entirely voluntary and will be governed by a separate agreement between you and Whimsy. Nothing in these Terms obligates you to participate, nor does anything in these Terms obligate Whimsy to offer you participation.
You must not use the Service to generate content that infringes copyrights, trademarks, or other intellectual property rights. This includes:
Whimsy employs automated moderation systems including AI-based content classification to detect potential intellectual property infringement. These systems provide reasonable measures but cannot guarantee complete prevention. The final responsibility for ensuring your content does not infringe rests with you.
If you receive output that resembles an existing copyrighted work, do not publish it. Delete it or modify it to be clearly original.
Whimsy Ink's services are available worldwide, except in the Prohibited and Restricted Regions identified below. We may modify the availability of the Service at our sole discretion.
You may not access, use, or create an account on Whimsy Ink if you are located in, or a resident of, any territory subject to comprehensive sanctions by the United States Department of the Treasury's Office of Foreign Assets Control (OFAC), including but not limited to the Russian Federation, Iran, Cuba, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine — or any other region where accessing or using the Service is prohibited by applicable local or international law. It is your responsibility to determine whether your use of the Service is lawful in your jurisdiction.
Whimsy Ink does not currently offer its services in the following regions, and users located in these regions may not access, use, or create an account on the platform: all member states of the European Union, the United Kingdom, Australia, Vietnam, and the Republic of Korea (South Korea). Access from Restricted Regions may be blocked. This list may be updated without prior notice. A current list of supported and restricted regions is maintained at trywhimsy.com/regions.
You represent and warrant that you are not located in, under the control of, or a national or resident of any Prohibited or Restricted Region, and that you are accessing the Service from a Supported Region. The use of VPNs, proxies, or other tools to circumvent geographic restrictions is a violation of these Terms and grounds for immediate account termination without refund.
Some credits are issued at no charge. These include free trial credits, starter or welcome credits, promotional credits, complimentary gift codes, referral or contest credits, and any other credits granted to you without payment (collectively, "Promotional Credits").
Promotional Credits are not purchased, are not property, and have no cash value. They are a discretionary courtesy, not a product you have bought and not a service Whimsy has agreed to deliver. Whimsy makes no commitment, express or implied, to honor them.
Whimsy may, at its sole discretion and at any time, with or without notice, and without refund, compensation, or liability of any kind:
Generating a novel consumes significant computing resources at real cost to Whimsy. Whimsy may suspend or discontinue free generation entirely if demand, cost, abuse, or capacity constraints make it unsustainable to continue, and may do so immediately and without prior notice.
This section does not apply to purchased credits. Credits you have paid for — whether bought directly, included in a paid subscription, or purchased on your behalf by a third party as a gift — are not Promotional Credits, and are governed by the purchase and refund terms above. Nothing in this section permits Whimsy to revoke credits you have paid for.
Whimsy stores your content as a convenience. We do not guarantee the permanent availability, integrity, or security of any stored content. You are solely responsible for maintaining your own backups. We strongly recommend downloading your novels regularly. Export/download is always available while your account is active.
Whimsy is not liable for any loss, corruption, or unavailability of stored content.
Whimsy retains generated novels and associated creation metadata (creation date, generating account, original prompt, and the identity of the creator) regardless of account deletion or data deletion requests. This is because Whimsy operates under the perpetual licenses you grant in Section 5, including the Platform Content License and Operational License. These records are necessary to operate those licenses, to enforce the pipeline protections described in Section 10A, and to maintain the integrity of the Whimsy Ink library — they are business records of a continuing contractual relationship, not solely personal data.
Data deletion requests apply to personal data such as email address and payment information. The following are explicitly excluded from data deletion requests and will be retained permanently:
This retention is necessary for the legitimate business purposes of operating the platform licenses and maintaining library integrity. This clause survives account termination.
Whimsy implements commercially reasonable security measures to protect your content and personal information. No method of electronic storage or transmission is 100% secure. You acknowledge that you provide content and information at your own risk. Whimsy is not liable for unauthorized access, data breaches, or data loss resulting from circumstances beyond our reasonable control. In the event of a breach affecting your personal information, we will notify affected users as required by law.
You agree to indemnify and hold Whimsy, its officers, directors, employees, agents, and affiliates harmless from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from your use of the Service, your content, your violation of these Terms, or your infringement of any third-party rights.
To the maximum extent permitted by law, Whimsy's total liability for any claims arising from your use of the Service shall not exceed the amount you paid for the Service in the 12 months preceding the claim.
The Service and all generated content are provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose, originality, or non-infringement.
Whimsy does not guarantee uninterrupted or error-free access to the Service. We may modify, suspend, or discontinue any part of the Service at any time.
Whimsy reserves the right to suspend or terminate your account at our sole discretion for violation of these Terms, or for any reason with reasonable notice. Upon termination, you may request export of your content within 30 days. After 30 days, Whimsy may delete stored personal data. Generated content and creation records are retained per Section 14.
We may update these Terms at any time. We will notify you of material changes. Continued use of the Service after changes constitutes acceptance of the updated Terms.
Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration under the laws of the District of Columbia, United States. You agree to waive any right to a jury trial or participation in a class action.
These Terms are governed by the laws of the District of Columbia, United States, without regard to conflict of law principles.
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
Whimsy's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A waiver of any term on one occasion shall not be deemed a waiver of any other term, or of that term on any other occasion.
Whimsy may assign or transfer these Terms, and any rights and licenses granted under them, without restriction or notice. You may not assign or transfer these Terms or any rights under them without Whimsy's prior written consent.
These Terms, together with our Privacy Policy, Content Policy, Acceptable Use Policy, and any other policies referenced herein, constitute the entire agreement between you and Whimsy regarding the Service. They supersede all prior agreements, understandings, or representations.
By creating an account, you consent to receive communications from Whimsy electronically (email, in-app notifications), including product updates, new feature announcements, novel recommendations, and promotional messages. You may unsubscribe from promotional emails at any time using the unsubscribe link included in every email. Unsubscribing from promotional emails does not affect transactional communications (account security, billing confirmations, service changes), which are necessary for the operation of your account.
You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.
Questions about these Terms? Contact us at legal@trywhimsy.com.
# ═══════════════════════════════════════════════════════
# TOS V2 DRAFT — NOT YET ACTIVE
# Free/Whimsy Ultra two-tier model. Pending legal review.
# ═══════════════════════════════════════════════════════
#
# HOW TO IMPLEMENT:
# 1. Get legal review of V2 (especially Section 4A IP assignment,
# Section 1 under-18 enforceability, Section 14 no-obligation language)
# 2. Replace V1 above with V2 below (delete everything above the divider)
# 3. Update the date in the V2 header
# 4. Deploy the DreamerConsent popup (parked in _features/dreamer-consent/)
# - Wire it into page.jsx's dream flow (fires before first generation)
# - The popup stores consent in the user's Firebase profile
# - Second generation onward shows the soft reminder version
# 5. Update Section 3 pricing if $29 changes
# 6. Wire Whimsy Ultra payment flow (Stripe) when ready
# 7. Remove this implementation note block
#
# ═══════════════════════════════════════════════════════
# Whimsy Ink — Terms of Service (V2 Draft)
Last updated: July 27, 2026
By creating an account or using Whimsy Ink ("the Service," operated by Michael Benko, doing business as Whimsy Ink — "Whimsy"), you agree to these Terms. If you don't agree, don't use the Service.
You must be 18 years of age or the age of legal majority in your jurisdiction, whichever is higher, to use the Service. By creating an account, you confirm you meet this requirement. Whimsy Ink uses AI to generate novels. Because AI-generated content requires editorial judgment and personal responsibility, we limit the Service to adults.
If you access the Service by misrepresenting your age, you acknowledge that: (a) you obtained access through fraud; (b) the intellectual property assignments and licenses in these Terms remain in full force — you may not later assert ownership of content generated through fraudulent access; (c) Whimsy may terminate your account immediately upon discovering the misrepresentation; and (d) Whimsy retains all rights to any content generated under the fraudulently created account. If you are under 18, do not use this Service. If you are a parent or guardian who discovers your minor child has used this Service, contact us at legal@trywhimsy.com.
You're responsible for keeping your login credentials secure. You're responsible for everything that happens under your account. One account per person. Don't share credentials. If you believe your account has been compromised, contact us immediately.
Whimsy Ink has two tiers: Free and Whimsy Ultra. They differ in one fundamental way: who owns the book.
When you use the free tier, Whimsy owns everything. This includes your book idea (the "wish" or prompt), all intermediate materials generated during the creation process, and the finished book itself. By submitting a book idea on the free tier, you irrevocably assign to Whimsy all right, title, and interest — including copyright and all other intellectual property rights — in and to the submitted idea, all materials generated from it, and the finished work. This assignment is automatic upon submission and requires no further action.
For the avoidance of doubt:
What you get: Your name is credited as the dreamer of the book on the Whimsy Ink platform. You may read your book on the platform at any time. You retain no ownership or licensing rights.
When you use Whimsy Ultra, you own your book. All of it. Every novel generated through Whimsy Ultra belongs entirely to you: Whimsy claims no right, title, or interest in the copyright or any other intellectual property in your work. There is no royalty, no revenue share, and no right of first refusal. You are free to publish, sell, license, adapt, or otherwise exploit your work in any medium, in any territory, without restriction or obligation to Whimsy — subject only to the Platform Identification Right below.
Platform Identification Right: You acknowledge and agree that Whimsy may publicly identify your work as having been created on the Whimsy Ink platform. This right permits Whimsy to truthfully state that a particular work was generated using the Service, to reference your work by title in press releases, marketing materials, investor communications, case studies, and media inquiries, and to include your work in curated showcases, editorial features, and "created on Whimsy Ink" collections. This does not impose any obligation on you to attribute or credit Whimsy in connection with your work.
Important Notice Regarding Copyright Law: The copyright status of AI-generated content is an evolving area of law. As of the effective date of these Terms, the U.S. Copyright Office has indicated that purely AI-generated content without sufficient human authorship may not be eligible for copyright registration. The degree of your creative input, editorial judgment, selection, and arrangement may affect the copyrightability of your work. Whimsy makes no representation or warranty regarding the copyrightability of any content generated through the Service. We strongly encourage you to consult with an intellectual property attorney if you intend to pursue commercial exploitation or copyright registration of works generated on the platform.
On the free tier, you do not retain ownership of your prompts, ideas, or creative inputs. They become Whimsy's property upon submission (see Section 4A).
On Whimsy Ultra, any original creative idea, concept, premise, character concept, genre selection, or instruction that you provide to the Service ("User Spark") is and remains your intellectual property. Nothing in this Section transfers ownership of your original creative input to Whimsy.
The Service's generation systems produce intermediate creative material in response to inputs — including but not limited to brainstormer outputs, genre card results, story prompts, suggested titles, back cover copy, and chapter architectures (collectively, "Platform-Generated Materials"). On Whimsy Ultra, Platform-Generated Materials that are incorporated into a Finished Work belong to you as part of that Finished Work, consistent with Section 4B.
However, all Platform-Generated Materials are provided on a strictly non-exclusive basis. You acknowledge and agree that:
You may not systematically access, collect, record, reproduce, or reconstruct the prompts, instructions, templates, genre modules, or orchestration logic used by Whimsy's generation systems for any purpose, including but not limited to building, training, fine-tuning, or operating a competing or substantially similar service.
You may not reverse engineer, decompile, disassemble, or otherwise attempt to derive the design, architecture, methods, algorithms, or operational logic of the Service or any component of its generation pipeline. This prohibition includes — but is not limited to — analyzing patterns across multiple generated novels or Platform-Generated Materials to reconstruct or approximate the prompts, model configurations, orchestration sequences, or creative methodologies used by the Service. You may not use the Service, its outputs, or any Platform-Generated Materials as a basis for developing, improving, or benchmarking a competing or substantially similar product or service.
This section applies only to Whimsy Ultra content. Free-tier content is owned by Whimsy outright (Section 4A) and requires no license grant.
If you choose to publish a Whimsy Ultra novel to the Whimsy Ink library, you grant Whimsy a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, display, reproduce, distribute, excerpt, adapt, transform, reformat, create derivative works from, and promote that content on and through the platform, in any format or medium. This license is non-exclusive — it does not prevent you from publishing, distributing, or licensing your work anywhere else.
If you do not publish a Whimsy Ultra novel to the library, Whimsy retains only the right to host and store it for your access, and the Platform Identification Right described in Section 4B.
You grant Whimsy a perpetual, worldwide, non-exclusive, royalty-free license to use, process, and analyze your creative inputs (prompts, parameters, and generation settings) for the purpose of operating, maintaining, and improving the generation pipeline. This license permits us to continue operating the pipeline for all users, including generating content from similar or identical inputs provided by other users.
Whimsy does not share subscription revenue, advertising revenue, or any platform-level revenue with authors. Revenue Whimsy earns from operating the reading platform belongs entirely to Whimsy. For Whimsy Ultra users: your 100% ownership entitles you to the revenue you generate from the IP outside the platform — book sales, licensing, adaptations, and any other commercial use — without any royalty or revenue share owed to Whimsy.
The following content is permitted with appropriate content warnings: literary violence, profanity, dark themes (including abuse, addiction, trauma, grief, mental health), and romantic content including attraction, desire, emotional intimacy, tension, and love scenes focused on emotional connection. Whimsy Ink does not allow sexually explicit or pornographic content. We employ automated safeguards to prevent such content from being generated, but no filtering system is perfect — AI-generated content may occasionally include material that exceeds our guidelines. You are responsible for reviewing all generated content before publishing or distributing it, and you assume all risk and responsibility for content generated through your use of the Service. By using Whimsy Ink, you acknowledge that you may encounter content — whether in your own generated novels or in works published to the community library by other users — that contains mature themes, romantic or sexual situations, or other material you may find objectionable, and you accept this risk as a condition of using the Service.
The following content is never permitted and will result in immediate removal and potential account termination:
Whimsy reserves the right to rate, restrict, re-rate, or remove any content at its sole discretion.
All content on the Whimsy Ink platform is subject to review. Whimsy uses automated systems and human review to enforce these Terms. Whimsy may remove content, issue warnings, suspend accounts, or permanently ban users who violate these Terms. Whimsy's moderation applies equally to free and Whimsy Ultra content.
Free-tier novels are published to the library automatically and cannot be removed by the user (see Section 4A).
Whimsy Ultra novels published to the library by the user cannot be deleted from the library by the user after publication. You may remove your name from a published novel at any time (the novel will become anonymous), but the novel itself remains in the library. This is necessary to protect the integrity of the reading community.
Whimsy reserves the sole and absolute discretion to remove any content from the platform at any time, for any reason or no reason. Users may submit takedown requests to legal@trywhimsy.com. Whimsy is under no obligation to honor takedown requests for free-tier content, which is Whimsy's property. Takedown requests may be considered on a case-by-case basis as a courtesy, but no precedent is set by any individual decision to remove content.
All novels created through the Service are generated by artificial intelligence. AI-generated content is provided "as is." Whimsy does not guarantee the accuracy, originality, quality, or appropriateness of any generated content.
You acknowledge and agree that the generation pipeline operates on shared AI models and that similar or identical creative inputs from different users may produce similar, substantially similar, or identical outputs. This is an inherent characteristic of AI-generated content, not a defect of the Service. You expressly waive any claim against Whimsy, its affiliates, or any other user arising from the similarity or identity of AI-generated content produced by the pipeline, regardless of the degree of overlap.
AI models may produce identical or substantially similar content when given identical or similar inputs. Because of this, your generation of content on the platform does not grant you the right to prevent Whimsy or other users from generating similar or identical content through the Service. You may not assert intellectual property claims, make legal demands, or take any other action intended to halt, restrict, or interfere with the generation of content through the platform — including content that is identical to your own.
From time to time, Whimsy may invite select users to participate in the Whimsy Originals program, which may include enhanced promotion and featuring on the platform, editorial support and production services, audiobook production, collaborative marketing and cross-promotion opportunities, and revenue-sharing arrangements. Participation is entirely voluntary and will be governed by a separate agreement.
You must not use the Service to generate content that infringes copyrights, trademarks, or other intellectual property rights. This includes:
Whimsy employs automated moderation systems including AI-based content classification to detect potential intellectual property infringement. The final responsibility for ensuring your content does not infringe rests with you.
Whimsy Ink's services are available worldwide, except in the Prohibited and Restricted Regions identified below.
You may not access, use, or create an account on Whimsy Ink if you are located in, or a resident of, any territory subject to comprehensive sanctions by the United States Department of the Treasury's Office of Foreign Assets Control (OFAC), including but not limited to the Russian Federation, Iran, Cuba, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine — or any other region where accessing or using the Service is prohibited by applicable local or international law.
Whimsy Ink does not currently offer its services in the following regions: all member states of the European Union, the United Kingdom, Australia, Vietnam, and the Republic of Korea (South Korea). Access from Restricted Regions may be blocked. This list may be updated without prior notice. A current list is maintained at trywhimsy.com/regions.
You represent and warrant that you are not located in, under the control of, or a national or resident of any Prohibited or Restricted Region, and that you are accessing the Service from a Supported Region. The use of VPNs, proxies, or other tools to circumvent geographic restrictions is a violation of these Terms and grounds for immediate account termination without refund.
Free generations are a discretionary gift from Whimsy, not a purchased product or promised service. They have no cash value and create no obligation. Whimsy may, at its sole discretion and at any time, with or without notice, and without liability of any kind:
No user may rely on the continued availability of free generations. The existence of free generation at any point in time does not create an expectation, entitlement, or contractual right to future free generations.
This section does not apply to Whimsy Ultra purchases. Books you have paid for are governed by the purchase and refund terms above.
Whimsy stores your content as a convenience. We do not guarantee the permanent availability, integrity, or security of any stored content. You are solely responsible for maintaining your own backups. We strongly recommend that Whimsy Ultra users download their novels regularly. Export/download is always available while your account is active.
Whimsy is not liable for any loss, corruption, or unavailability of stored content.
Whimsy retains generated novels and associated creation metadata (creation date, generating account, original prompt, and the identity of the creator) regardless of account deletion or data deletion requests. For free-tier content, this is because Whimsy owns the content outright (Section 4A). For Whimsy Ultra content, this is because Whimsy operates under the licenses granted in Section 6 and needs these records to maintain library integrity and enforce pipeline protections.
Data deletion requests apply to personal data such as email address and payment information. The following are explicitly excluded from data deletion requests and will be retained permanently:
This retention is necessary for the legitimate business purposes of operating the platform. This clause survives account termination.
Whimsy implements commercially reasonable security measures to protect your content and personal information. No method of electronic storage or transmission is 100% secure. You acknowledge that you provide content and information at your own risk. Whimsy is not liable for unauthorized access, data breaches, or data loss resulting from circumstances beyond our reasonable control. In the event of a breach affecting your personal information, we will notify affected users as required by law.
You agree to indemnify and hold Whimsy, its officers, directors, employees, agents, and affiliates harmless from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from your use of the Service, your content, your violation of these Terms, or your infringement of any third-party rights.
To the maximum extent permitted by law, Whimsy's total liability for any claims arising from your use of the Service shall not exceed the amount you paid for the Service in the 12 months preceding the claim.
The Service and all generated content are provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose, originality, or non-infringement.
Whimsy does not guarantee uninterrupted or error-free access to the Service. We may modify, suspend, or discontinue any part of the Service at any time.
Whimsy reserves the right to suspend or terminate your account at our sole discretion for violation of these Terms, or for any reason with reasonable notice. Upon termination, Whimsy Ultra users may request export of their content within 30 days. After 30 days, Whimsy may delete stored personal data. Generated content and creation records are retained per Section 16.
We may update these Terms at any time. We will notify you of material changes. Continued use of the Service after changes constitutes acceptance of the updated Terms.
Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration under the laws of the District of Columbia, United States. You agree to waive any right to a jury trial or participation in a class action.
These Terms are governed by the laws of the District of Columbia, United States, without regard to conflict of law principles.
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
Whimsy's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
Whimsy may assign or transfer these Terms, and any rights and licenses granted under them, without restriction or notice. You may not assign or transfer these Terms or any rights under them without Whimsy's prior written consent.
These Terms, together with our Privacy Policy, Content Policy, Acceptable Use Policy, and any other policies referenced herein, constitute the entire agreement between you and Whimsy regarding the Service.
By creating an account, you consent to receive communications from Whimsy electronically (email, in-app notifications), including product updates, new feature announcements, novel recommendations, and promotional messages. You may unsubscribe from promotional emails at any time. Unsubscribing from promotional emails does not affect transactional communications necessary for your account.
Questions about these Terms? Contact us at legal@trywhimsy.com.