Terms & Conditions

Welcome to Whim. These Terms and Conditions ("Terms") govern your access to and use of the Whim mobile application, website, and related services (collectively, the "Service") operated by Whim ("we," "our," or "us").

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

• Browse products from curated local stores.
• Use Whim Concierge, our AI gift assistant, to get curated 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 displayed are set by merchants and 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

• Product prices are determined by the merchant.
• A delivery fee may apply based on distance and delivery type.
• Applicable taxes are calculated and added at checkout.
• Tips for delivery couriers are optional but appreciated.

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, delivery fee, taxes, and any tip.
• We accept major credit and debit cards and Apple Pay.

d. Sizing & 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'll 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.

• Refund eligibility depends on the circumstances. Orders may be eligible for a full or partial refund if items are damaged, incorrect, or not delivered.
• Refund requests must be submitted within 24 hours of delivery through the app or by contacting support.
• We reserve the right to evaluate each refund request on a case-by-case basis.
• Refunds are processed to the original payment method within 5 to 10 business days.
• Delivery fees and tips are generally non-refundable unless the delivery was not completed.

During account signup in the Whim mobile application, customers provide their phone number and may opt in to receive transactional SMS messages. Consent is collected via an unchecked checkbox immediately below the phone number field, with the following disclosure:

"By checking this box, you agree to receive transactional SMS messages from Whim about your order status and delivery updates. Message frequency varies. Msg & data rates may apply. Reply STOP to opt out, HELP for help."

The checkbox is not pre-selected. Consent is optional. Accounts can be created and orders can be placed without opting in. The opt-in preference can also be changed at any time from Settings. SMS messages are sent only in relation 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 messages are sent. Whim does not use purchased, rented, or third-party contact lists. All phone numbers are collected directly from users through the app.

• 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 SMS may affect your ability to receive delivery verification codes.

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.

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.

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

• Email: support@getwhim.app
• Support: support@getwhim.app