Terms of Service

Welcome to Whim. These Terms of Service ("Terms") are an agreement between you and Whim Delivers, LLC ("Whim," "we," "our," or "us"), and govern your access to and use of the Whim mobile application, the website getwhim.app, the Whim ChatGPT app and related services (collectively, the "Service").

By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

Whim is a shopping platform that connects customers with local stores and independent delivery couriers. Through the Service, you can:

• Browse products from local stores.
• Use Whim Concierge, our AI assistant, to get suggestions and optional gift-card drafts.
• Place orders for same-day or scheduled delivery.
• Track your delivery in real time.
• Communicate with support for order-related inquiries.

Whim acts as an intermediary platform. We are not the seller of the products and do not take ownership of merchandise at any point.

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you meet this age requirement, have the legal capacity to enter into a binding agreement, and are not prohibited from using the Service under applicable law.

• You must provide accurate, complete, and current information when creating an account.
• You are responsible for maintaining the confidentiality of your account credentials.
• You are responsible for all activity that occurs under your account.
• You must notify us immediately of any unauthorized use of your account.
• We reserve the right to suspend or terminate accounts that violate these Terms.

a. Placing orders

• All orders are subject to product availability and merchant confirmation.
• Prices may change without notice.
• Once an order is confirmed, it may not be cancellable if the merchant has already begun preparation.

b. Pricing and fees

• Merchants set their base prices. Prices shown in the Whim app include an 8% service adjustment over the store's in-store price; prices on getwhim.app and in partner assistants such as ChatGPT are the store's list price.
• Standard delivery across Manhattan carries no delivery fee. A fee applies to express delivery, and may apply to a delivery over a longer distance; any such fee is shown before you pay.
• A service fee, where one applies, and New York sales tax are shown on the order summary before you pay.
• Tips for delivery couriers are optional.
• The total shown on the order summary is everything you pay for that order.

c. Payment

• Payment is processed at the time of order through our third-party payment processor.
• You authorize us to charge the payment method provided for the total order amount, including product price, any delivery fee, taxes, and any tip.
• We accept major credit and debit cards and Apple Pay.

d. Sizing and fit

• Sizing, measurements, materials, and product descriptions are provided by the stores and brands, and may vary between brands. We share this information for convenience and do not guarantee fit, accuracy, or that an item will match its on-screen appearance.
• Please review each item's sizing and product details before ordering. Where a size or variant is required, you are responsible for selecting the correct option.
• Returns, exchanges, and size swaps are subject to each merchant's policy; contact support and we will help coordinate where possible.

Whim Concierge uses artificial intelligence to suggest gifts and draft optional gift messages based on what you tell it (occasion, recipient, budget, or style).

• Concierge suggestions are provided for convenience only. They are automated, may be inaccurate, unavailable, or mispriced, and do not constitute professional, styling, financial, or other advice.
• Suggestions are not an offer or a guarantee. Product availability, pricing, sizing, and delivery times are confirmed only when you place an order and are subject to these Terms.
• Please use Concierge responsibly and do not submit unlawful content or another person's sensitive personal information. See our Privacy Policy for how Concierge data is handled.

• Delivery times are estimates and not guaranteed. Factors such as traffic, weather, and merchant preparation time may affect delivery.
• You must provide an accurate delivery address, reachable contact information, and any access details (apartment number, gate code, doorman name) required to complete the hand-off.
• A 6-digit delivery verification code (the "Release Code") is issued for each order. The Release Code is displayed in your Whim app during delivery and is the only method by which an order may be released to you.
• If a delivery cannot be completed because of an incorrect address, restricted access, customer unavailability, or failure to provide the Release Code, the order will enter the re-attempt schedule described in Section 6.3.
• Deliveries are made by independent couriers and not employees of Whim.

When your assigned courier arrives at your delivery address, the Whim app will mark the order as "Here" and start a five (5) minute grace window for you to meet the courier in person. You may extend this window once, by an additional three (3) minutes, by tapping "I'm coming down" in the Whim app.

If the grace window expires without an in-person hand-off or a shared Release Code, the courier will depart and the attempt will be recorded as failed under Section 6.3.

By reading your Release Code aloud to your assigned Whim courier, or by tapping "Share release code" and then "I've shared the code" in the Whim app, you affirmatively authorize Whim to release your order to you without an in-person hand-off (a "Release Authorization").

Upon your Release Authorization: (i) delivery is deemed complete; (ii) title and risk of loss in the items pass to you; and (iii) Whim is not liable for theft, weather damage, mis-placement, or other loss occurring after the Release Authorization is given. Whim retains photographic proof of placement for thirty (30) days following a Release Authorization. You agree not to share your Release Code with any person other than the Whim courier shown in the app for your active order.

If a delivery attempt fails for any reason described in Section 6, the order will be returned to our courier hub and a re-attempt will be scheduled for the next available delivery window. The first re-attempt is provided at no additional charge. Each subsequent re-attempt is billed at five U.S. dollars (US$5.00), charged to the payment method on file for the order.

After three (3) failed attempts, the order will be returned to the merchant and you will be refunded the item subtotal, less the original delivery fee and any re-attempt fees already incurred. You are responsible for keeping your contact information and delivery instructions current; repeated failed deliveries may result in suspension of your Whim account.

• You may cancel an order from the app. Cancellation is free within 5 minutes of placing the order, and at any later time while the merchant has not yet packed it and no courier is on the way. Once a courier is on the way to the merchant, a $5 cancellation fee applies and the rest of what you paid, including tax and tip, is refunded. Once the merchant has packed the order, or the courier has picked it up, it can no longer be cancelled. If a merchant cannot fulfil an order, or we cannot find a courier, we cancel it and refund you in full.
• Orders may be eligible for a full or partial refund if items are damaged, incorrect, missing, or not delivered.
• Refund requests must be submitted within 48 hours of delivery through the app or by contacting support.
• Each refund request is reviewed by a person and decided on its circumstances.
• Refunds are processed to the original payment method within 5 to 10 business days.
• Delivery fees and tips are non-refundable unless the delivery was not completed.
• Returns and exchanges follow each merchant's own policy. The plain-language version of these rules is our Refund Policy.

When you sign in to the Whim app or the Whim checkout with your phone number, we text you a one-time code; that is the only text you receive unless you ask for more. In the app, text updates about your orders are a setting you turn on or off under Notifications. When you join the waitlist on getwhim.app, you agree to receive one text when early access opens. The disclosure shown next to each of these is:

Message and data rates may apply. Reply STOP to opt out, HELP for help.

Text updates are optional; orders can be placed without them. Order texts relate to a specific order and include:

• Order confirmation
• Preparation updates
• Driver assignment and pickup notifications
• Delivery status and ETA updates
• Delivery verification codes

No promotional or marketing text messages are sent. Whim does not use purchased, rented, or third-party contact lists; every phone number is given to us directly by its owner.

• You can opt out at any time by replying STOP to any message.
• Reply HELP for assistance.
• Message and data rates may apply. Message frequency varies based on order activity.
• Opting out of texts may affect your ability to receive delivery verification codes by text; the code is always shown in the app.

If you use the Service as a delivery courier ("Driver"):

• You are an independent contractor, not an employee of Whim.
• You must complete the onboarding process, including identity verification and background check consent.
• You must maintain accurate and current profile information.
• You must comply with all applicable traffic laws and safety regulations.
• You are responsible for your own vehicle, insurance, and equipment.
• Earnings are based on delivery fees and customer tips. Payout schedules and methods are described in the app.
• We reserve the right to deactivate driver accounts for violations of these Terms, safety concerns, or poor performance.

These terms apply to shops that sell through Whim and are our data protection agreement with them. A shop accepts them when it creates its Whim account.

• Whim uses the personal data of the customers who order from your shop through Whim (their names, delivery addresses and phone numbers) only to take, deliver and support those orders, and as our Privacy Policy describes.
• Whim never sells that data and does not use it to market to your customers.
• Whim keeps it confidential, encrypts it in storage and in transit, limits access to the people and service providers who need it to run the service (listed in our Privacy Policy), and keeps it only as long as needed to deliver, support and account for an order, or as the law requires.
• When you disconnect your store, or ask us to, we delete or anonymize the personal data of your customers we hold for your shop within 30 days, except what the law requires us to keep. Requests your customers make through Shopify are handled the same way.
• If a security incident affects your customers' personal data, we tell you without undue delay, and no later than 72 hours after we confirm it, with what happened and what we are doing about it.

You agree not to:

• Use the Service for any unlawful purpose.
• Impersonate any person or entity.
• Interfere with or disrupt the Service.
• Attempt to gain unauthorized access to any part of the Service.
• Use the Service to harass, abuse, or harm others.
• Submit false or misleading information.
• Use automated means (bots, scrapers) to access the Service.
• Circumvent any security or access controls.

The Service and its original content, features, and functionality are owned by Whim and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any part of the Service without our written permission.

The Whim name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Whim.

• The Service is provided "as is" and "as available" without warranties of any kind, express or implied.
• We do not warrant that the Service will be uninterrupted, secure, or error-free.
• We do not guarantee the quality, safety, or legality of products offered by merchants.
• We are not responsible for the actions of merchants or delivery couriers.
• Whim Concierge and other AI-generated content are provided "as is," may contain errors, and should not be relied upon as advice. You are responsible for reviewing suggestions, including price, sizing, and availability, before ordering.

To the maximum extent permitted by law, Whim shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising out of or in connection with your use of the Service.

Our total liability for any claim arising from the Service shall not exceed the amount you paid to us in the 12 months preceding the claim.

You agree to indemnify and hold harmless Whim, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses (including attorneys' fees) arising from your use of the Service or violation of these Terms.

These Terms are governed by the laws of the State of New York, without regard to its conflict of law provisions. Any disputes shall be resolved in the courts located in New York County, New York.

We reserve the right to modify these Terms at any time. Material changes will be communicated through the app or by email. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

• Entire agreement. These Terms, with the Privacy Policy, the Refund Policy and the Delivery Policy, are the whole agreement between you and Whim about the Service.
• Events beyond our control. Whim is not responsible for delays or failures caused by events outside its reasonable control, such as severe weather, strikes, outages, or acts of government.
• Assignment. You may not transfer your rights under these Terms. Whim may assign them to a successor to its business, with notice to you.
• Waiver and survival. Not enforcing a term is not a waiver of it. Sections on payments, disclaimers, limitation of liability, indemnification, governing law and this section survive the end of your use of the Service.
• Notices. We may notify you in the app, by email or by text at the contact details on your account. You can notify us at the address below.

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

• Whim Delivers, LLC, New York, NY
• support@getwhim.app