Terms of Service

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and Whimsy Travel ("Company," "we," "us," or "our") governing your access to and use of the Whimsy Travel web application and related services (collectively, the "Service"), a travel planning tool.

By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

Description of Service

Whimsy Travel provides tools for planning travel: creating trips, adding destinations and activities, viewing them on interactive maps, storing trip photos, and sharing trips publicly with other users. The Service includes the Whimsy Travel website and related functionality.

Eligibility

To use our Service, you must be at least 16 years old, have the legal capacity to enter into a binding agreement, and not be prohibited from using the Service under applicable laws.

Account Registration

To access certain features, you must create an account. When registering, you agree to:

• Provide accurate, current, and complete information
• Maintain and update your information as needed
• Keep your password secure and confidential
• Not share your account credentials with others
• Notify us immediately of any unauthorized access to your account

You are responsible for all activities that occur under your account. We are not liable for any loss or damage arising from unauthorized use of your account. We may suspend or terminate accounts that violate these Terms, are used for fraudulent or illegal activities, or are created using false information.

Acceptable Use

You agree to use the Service only for lawful purposes. You must not:

Illegal Activities

• Violate any applicable laws or regulations
• Engage in fraud, money laundering, or illegal transactions
• Infringe intellectual property rights
• Violate privacy rights of others

Harmful Conduct

• Harass, abuse, threaten, or intimidate others
• Post defamatory, obscene, or offensive content
• Impersonate others or misrepresent your identity

Technical Abuse

• Attempt to gain unauthorized access to our systems
• Introduce malware, viruses, or harmful code
• Interfere with or disrupt the Service
• Circumvent security measures or access controls
• Scrape, crawl, or harvest data without permission
• Use automated systems (bots) except as permitted

Commercial Misuse

• Resell or redistribute the Service without authorization
• Use the Service to send spam or unsolicited messages
• Compete with us using data obtained from the Service
• Sublicense or transfer your account

We reserve the right to investigate violations and take appropriate action, including suspending or terminating your account, reporting to law enforcement, and pursuing legal remedies.

User Content

"User Content" means any content you submit, post, or transmit through the Service, including trip details, text, photos, and comments.

You retain ownership of your User Content. By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display your User Content in connection with operating and improving the Service. This license continues for content you choose to share publicly, even if you stop using the Service.

You represent and warrant that you own or have the right to submit the User Content, that it does not violate any third-party rights, and that it complies with these Terms and applicable laws. You are solely responsible for the User Content you post.

Public trips are visible to other users. You choose whether to make a trip public; do not share content you do not want others to see. We may (but are not obligated to) review, remove, or disable access to User Content that violates these Terms, is reported by other users, or that we determine is harmful or inappropriate.

Intellectual Property

The Service and its original content (excluding User Content), features, and functionality are owned by Whimsy Travel and are protected by copyright, trademark, and other intellectual property laws. Our name, logo, and all related names, logos, product names, and slogans are our trademarks. You may not use these without our prior written permission.

If you provide feedback, suggestions, or ideas about our Service, you grant us a non-exclusive, worldwide, royalty-free license to use and incorporate that feedback without any obligation to you.

Third-Party Services

Our Service integrates with third-party services, including Mapbox (map tiles and geocoding), Google (places search, place photos, and Sign-In with Google), Backblaze (photo storage), Stripe (payment processing), Resend (transactional email delivery), and OpenAI (automated moderation of public trip photos). We do not control and are not responsible for third-party services. Your use of third-party services is governed by their terms and privacy policies, and your data may be processed by them as described in our Privacy Policy.

Premium Subscription and Payments

Premium is a paid subscription that unlocks additional features such as unlimited trips, premium map styles, and theme packs. New accounts receive a one-month free trial of Premium. After the trial ends (or if you subscribe without a trial), Premium is billed monthly in advance at the then-current price (currently $4.99/month, or the equivalent in your local currency where supported), charged automatically to your chosen payment method until you cancel.

Payments are processed by our payment provider, Stripe, using Stripe's hosted checkout. We do not store your credit card details. By subscribing, you agree to Stripe's terms and privacy policy and authorize us to charge your payment method on the terms of your selected plan.

Cancellation. You may cancel your subscription at any time from the billing settings in your account or by contacting us. Cancellation takes effect at the end of the current billing period, and you will continue to have access to Premium until that period ends. Unless required by applicable law, we do not provide refunds for partially used billing periods.

Price Changes. We may change subscription prices at any time. We will provide at least 30 days' notice of price changes that apply to you, and continued use of the Service after the change takes effect constitutes acceptance of the new price.

Termination of Service. If we suspend or terminate your access to the Service, you will not be charged further subscription fees.

Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will meet your requirements, will be available at all times, that results will be accurate, or that errors will be corrected. Some jurisdictions do not allow exclusion of certain warranties, so some of the above may not apply to you.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Whimsy Travel and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages; any loss of profits, revenue, data, or business opportunities; any damages arising from your use of or inability to use the Service; any damages arising from unauthorized access to your data; or any damages exceeding the amount you paid us in the 12 months preceding the claim. This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages. Some jurisdictions do not allow limitation of liability for certain damages, so some of the above may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless Whimsy Travel, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Service, your violation of these Terms, your violation of any third-party rights, or your User Content.

Termination

You may stop using the Service and delete your account at any time by contacting us at whimsy.travelapp@gmail.com. We may suspend or terminate your access to the Service immediately, without notice, for violations of these Terms, with 30 days' notice for any other reason, or if we discontinue the Service.

Upon termination, your right to use the Service ceases immediately and we may delete your account and data. Provisions that should survive termination will survive, including intellectual property, disclaimers, limitations of liability, and dispute resolution.

Dispute Resolution and Governing Law

Any dispute arising from these Terms shall be resolved exclusively in the courts of British Columbia, Canada, and you consent to personal jurisdiction in these courts. These Terms shall be governed by the laws of British Columbia, Canada, without regard to its conflict of law provisions.

If you are an EU consumer, you may also benefit from mandatory consumer protection laws in your country of residence.

Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date above. Your continued use of the Service after changes take effect constitutes acceptance. If you do not agree to the new Terms, you must stop using the Service.

General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service.
• Severability: If any provision is found to be unenforceable, the remaining provisions will continue in effect.
• Waiver: Our failure to enforce any right or provision does not constitute a waiver of that right or provision.
• Assignment: You may not assign your rights under these Terms without our written consent. We may assign our rights without restriction.
• Force Majeure: We are not liable for delays or failures resulting from circumstances beyond our reasonable control.

Contact Us

If you have questions about these Terms, contact us at whimsy.travelapp@gmail.com.