The short version
Whim hands you one small spontaneous thing to do each day. You scratch a card, you get a whim, you go do it (or you don’t, we’re not your boss). These terms cover the rules of the road: who can use Whim, what you can and can’t do, how purchases work, and the part where we remind you to use common sense out there in the real world. Please read them. The headers below are the friendly summary. The full text underneath is the part the lawyers care about.
Whim (“Whim,” published in some regions as ¡Whim!, ¡Antojo!, or ¡Lubie!) is operated by Elsewhere Index LLC (“Elsewhere Index,” “we,” “us,” or “our”). By opening or using the app, or any part of it, you agree to these Terms of Use (“Terms”). If you don’t agree, don’t use the app.
1. Eligibility (you must be 13 or older)
Whim is intended for people 13 years of age and older. By using Whim, you confirm that you are at least 13. If you are under 13, you may not use the app, and we ask that you stop and delete it.
Whim’s content is designed to be flirty-but-mild. It is not adult content, but it is also not built for children. If we learn that someone under 13 is using the app, we may suspend or remove their access.
Some places require a higher minimum age than 13, including countries where the age of consent for data processing is 14, 15 or 16. If you are using Whim somewhere that sets a higher minimum, you must meet that higher age. You also confirm you have the legal capacity to agree to these Terms in your jurisdiction.
2. What Whim is (and isn’t)
What it is. Whim is a once-a-day app. Each day it offers you one “whim”: a small, real-world act meant to nudge you toward doing something spontaneous. You reveal the day’s whim by scratching a digital card. You can keep a private journal of whims you’ve done, and depending on what you’ve unlocked, you can pull additional whims, re-roll for a different one, or browse themed packs.
Honor system. Whim does not verify that you actually did anything. When you mark a whim “done,” that’s on the honor system. We don’t track your location to confirm it, we don’t ask for proof, and your journal is your own record. Marking something done is just for you.
Not advice, not a dare service. A whim is a playful suggestion, not an instruction, not a professional recommendation, and not a challenge you owe anyone. You are always free to skip it. See Section 6 (Real-world acts) for the important safety part.
Changes to the service. Whim is a living app. We may add, change, remove, or pause features, packs, colors, acts, or the daily cadence at any time.
3. Your profile and account
Whim signs you in automatically using an anonymous identifier (Firebase Anonymous Authentication). You don’t create a username or password, and you don’t give us your name or email to use the app. That anonymous ID is how your data syncs.
Because sign-in is anonymous and tied to your device/install, if you delete the app, lose your device, or reset your install, you may lose access to your data and any unlocked content unless it can be restored (see Section 5 on Restore Purchases). You’re responsible for keeping access to the device where Whim lives.
You agree not to share, sell, or transfer your access to anyone else, and not to use someone else’s profile.
Anonymous accounts and electronic notices. Because your account is anonymous and you don’t give us contact details, we may give you notices about these Terms or the service by posting them in the app, updating this document, or using any contact information you’ve voluntarily provided. You agree that electronic notices delivered this way satisfy any legal requirement that a notice be in writing. If you want to receive notices another way, you’ll need to give us a way to reach you.
4. Acceptable use, user submissions, and reporting
4.1 General conduct
Don’t use Whim to do anything illegal, harmful, abusive, or that breaks these Terms. Don’t try to break, hack, scrape, reverse-engineer, overload, or interfere with the app or its systems. Don’t use Whim to harass anyone or to harm others.
4.2 Pitching acts to the deck
Whim lets you suggest acts (“pitch to the deck”). When you submit an act, you’re proposing copy that might one day appear to other people. A few things you need to know and agree to:
- We aim to review submissions before they appear. We work to have a human at Whim review and approve user-submitted acts before they go live to anyone else, and submitting an act does not mean it will be published. We can accept, edit, reject, or remove any submission for any reason or no reason.
- You must own what you submit. Only submit acts that are your own original idea and that you have the right to share. Don’t submit anyone else’s copyrighted or proprietary material.
- Keep it within bounds. Submissions must fit Whim’s flirty-but-mild, do-no-harm spirit. We do not permit content that is illegal, dangerous, sexually explicit, hateful, harassing, discriminatory, that targets or endangers minors, that encourages self-harm, that violates someone’s privacy, or that is cruel or abusive, and we work to remove it when we find it.
4.3 License you give us for submissions
When you submit an act, you grant Elsewhere Index a worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable license to use, store, reproduce, modify, adapt, publish, translate, and distribute that submission (in whole or in part, edited or as-is) in connection with Whim and its promotion, without attribution or payment to you. You waive any moral rights to the extent allowed by law. We are not obligated to use, keep, or credit any submission. You also represent that your submission doesn’t violate anyone’s rights or any law.
4.4 Reporting and removal
Every act you encounter has a report control. If something seems objectionable, abusive, unsafe, or otherwise out of line, please report it. Reported acts may be flagged or removed from circulation pending review, and acts that draw repeated reports may be removed automatically pending review. We aim to review reports and act on objectionable content promptly. We may also remove any act, block or suspend any submitter, or take other action at our discretion, including in response to abuse of the reporting feature itself.
By using Whim, you understand that user-influenced content can appear before it is reviewed or reported, and you agree to use the report tool rather than relying solely on our review.
4.5 Copyright (DMCA) notice and takedown
We respect intellectual-property rights and respond to valid notices of claimed copyright infringement. If you believe content in Whim infringes your copyright, send a written notice to our designated agent that includes: (1) your physical or electronic signature; (2) identification of the copyrighted work claimed to be infringed; (3) identification of the material you say is infringing and enough information for us to locate it; (4) your contact information; (5) a statement that you have a good-faith belief the use is not authorized; and (6) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the rights holder or authorized to act on their behalf. We may remove allegedly infringing material and, in appropriate cases, terminate repeat infringers. If you believe your material was removed in error, you may send a counter-notice with the same kind of detail.
Designated copyright agent: [email protected]
5. Purchases, subscriptions, and re-rolls
Whim is free to use for the core daily loop, including your full journal history. Some things cost money. Here’s how that works.
5.1 What you can buy
- Whim+ — a subscription that unlocks the full experience (all packs and colors, unlimited re-rolls subject to fair use per Section 5.4, and the extra journal features). Offered as recurring monthly and annual plans, sometimes with an introductory free trial. Subscriptions auto-renew until you cancel (see 5.3).
- Packs and colors — one-time purchases that add themed act packs or color themes to your app, sometimes available together as a discounted bundle.
- Re-roll — a consumable that lets you swap the day’s whim for a different one. Consumables are used up when you use them and are not restored.
The prices, plans, trials, and offers shown in the app at the time of purchase are the controlling terms; they may differ by region, currency, and tax, and may change or end over time. Where a free trial is offered, if you don’t cancel before the trial ends, the subscription converts to a paid subscription and you’ll be charged at the rate disclosed at purchase.
5.2 Who actually charges you
All purchases are processed by the app store you bought through — Apple’s App Store or Google Play — and handled through RevenueCat, which manages our purchase and subscription records. We never receive or store your full payment card details. Your purchase is also governed by the applicable store’s terms (Apple Media Services Terms / Google Play Terms of Service).
5.3 Auto-renewal and cancellation
Subscriptions automatically renew at the then-current price for the same period unless you cancel at least 24 hours before the end of the current period (per store rules). You manage and cancel subscriptions in your Apple or Google account settings, not inside Whim. Cancelling stops future renewals; it does not retroactively refund the current period. Deleting the Whim app does not cancel a subscription.
5.4 “Unlimited” means fair-use unlimited
Whim+ includes “unlimited” re-rolls, but to keep the app working well for everyone and to prevent abuse, unlimited re-rolls are subject to a reasonable daily fair-use cap. This isn’t meant to limit normal human use; it’s meant to stop automated or abusive behavior. We may adjust the cap.
5.5 Restore Purchases
If you reinstall Whim or move to a new device using the same store account, use Restore Purchases in the app to recover eligible non-consumable purchases and active subscriptions. Consumables (like used re-rolls) cannot be restored.
5.6 Refunds
Refunds are handled by Apple or Google under their policies, not by Elsewhere Index. We generally cannot issue refunds directly. Where the law gives you a statutory right to a refund or to cancel, that right still applies regardless of anything here.
5.7 Apple-specific terms
If you downloaded Whim from Apple’s App Store, the following also applies. These Terms are between you and Elsewhere Index only, not Apple, and Apple is not responsible for Whim or its content. Apple has no obligation to provide maintenance or support for Whim. If Whim fails to conform to any applicable warranty, you may notify Apple and Apple may refund the purchase price (to the maximum extent permitted by law, Apple has no other warranty obligation for Whim). Apple is not responsible for addressing any claims by you or any third party relating to Whim, including product-liability claims, claims that Whim fails to conform to legal or regulatory requirements, and claims under consumer-protection or privacy law. Apple is not responsible for investigating, defending, settling, or discharging any third-party claim that Whim or your use of it infringes intellectual-property rights. You represent that you are not located in a country subject to a U.S. Government embargo or designated a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce these Terms against you as a third-party beneficiary.
6. Real-world acts: safety, common sense, and assumption of risk
This is the most important section. Please read it.
Whim suggests things to do in the actual world. You, and only you, decide whether to do any whim, and you do so at your own risk.
- Use common sense, always. Do not do anything illegal, unsafe, reckless, harmful to yourself or others, cruel, harassing, trespassing, or that violates anyone’s rights or any law, even if a whim seems to suggest it. A whim is never permission to do something you shouldn’t.
- You know your context; we don’t. We can’t know your health, your surroundings, the weather, local laws, who’s around you, or your situation. A whim that’s harmless for one person could be a bad idea for another. Adjust or skip accordingly.
- Whims are optional. Nothing in Whim requires you to do anything. Skipping a whim has no penalty beyond not getting that day’s whim.
- Talk to a professional when it matters. Whim is not medical, legal, financial, mental-health, or safety advice. If a whim touches on any of that, consult an appropriate professional.
Assumption of risk and release. To the fullest extent permitted by law, by choosing to act on (or not act on) any whim, you assume all risk for your actions and their consequences, and you release Elsewhere Index from any claims, injuries, losses, or damages arising out of or related to acts you choose to undertake. You are responsible for your own choices and conduct in the real world. See also the disclaimers and limitation of liability in Section 7.
7. Disclaimers and limitation of liability
As-is. Whim is provided “as is” and “as available,” without warranties of any kind, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement, to the fullest extent permitted by law. We don’t promise the app will be uninterrupted, error-free, secure, or that any whim is suitable, safe, or appropriate for you.
Third parties. Whim relies on third-party services (including Apple, Google, Firebase, and RevenueCat). We’re not responsible for their performance, outages, or terms.
Limitation of liability. To the fullest extent permitted by law, Elsewhere Index and its members, officers, employees, and contractors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of data, profits, or goodwill, arising out of or related to your use of Whim or any whim. To the fullest extent permitted by law, our total liability for any claim relating to Whim is limited to the greater of (a) the amount you paid us for Whim in the 12 months before the claim, or (b) USD $50.
Liability that can’t be waived. Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under applicable law, including, where applicable, liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for gross negligence or willful misconduct. The disclaimers and limits above apply only to the extent the law allows.
Indemnification. To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Elsewhere Index and its members, officers, employees, and contractors from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or related to your misuse of Whim, your breach of these Terms, content you submit, or acts you choose to undertake in the real world. We may take over the exclusive defense of any matter subject to indemnification, in which case you agree to cooperate with us.
Your statutory rights. Some places don’t allow certain disclaimers or liability limits. Where that’s true, those parts apply to you only to the extent allowed, and nothing here removes rights you have under mandatory consumer-protection law.
8. Your data, privacy, and your controls
How we handle data is described in our Privacy Policy, which is part of these Terms. That policy is the controlling description of what we collect, why, how long we keep it, and the choices and regional rights (including GDPR/UK GDPR and CCPA/CPRA) available to you. Please read it. To avoid conflicting language, the specifics live in the Privacy Policy rather than being repeated here.
A few practical points that intersect with these Terms:
- Your sign-in is anonymous (Firebase Anonymous Authentication), so your access and data are tied to your device/install. See Section 3.
- You’re in control of your data. You can export and delete the data associated with your account from within the app, as described in the Privacy Policy. Some records (for example, purchase, submission, and report records, and information we must keep for legal, security, or fraud-prevention reasons) may be retained as that policy explains. Deleting your data may also end access to unlocked content tied to that profile.
9. Intellectual property
Whim, including its name and the regional marks (¡Whim! / ¡Antojo! / ¡Lubie!), the wordmark and escaping-dot logo, the app design, the act copy we write, the software, and all related content, is owned by Elsewhere Index or its licensors and is protected by intellectual-property laws. We grant you a personal, limited, non-exclusive, non-transferable, revocable license to use Whim for your own personal, non-commercial enjoyment, subject to these Terms.
You may not copy, redistribute, sell, sublicense, modify, or create derivative works from Whim or its content, except for normal personal use of features we provide (for example, sharing a whim through the in-app share tools). All rights not expressly granted are reserved.
10. Suspension and termination
You can stop using Whim and delete it (and your data) at any time. We may suspend, limit, or terminate your access to Whim or any feature, with or without notice, if we believe you’ve violated these Terms, abused the service or other users, submitted prohibited content, or for any other reasonable operational or legal reason. We may also discontinue Whim entirely.
If your access ends, sections that by their nature should survive will survive, including the submission license (4.3), real-world-acts release (6), disclaimers, indemnification, and liability limits (7), intellectual property (9), and the general terms (12).
Termination does not by itself entitle you to a refund; refunds remain governed by Apple/Google policies (Section 5.6).
11. Changes to these Terms
We may update these Terms as Whim evolves or the law changes. When we do, we’ll update the effective date at the top and, for material changes, give reasonable notice in the app or by other means. If you keep using Whim after changes take effect, you’re agreeing to the updated Terms. If you don’t agree, stop using the app.
12. General terms
Governing law. These Terms are governed by the laws of the State of Texas, USA, without regard to conflict-of-laws rules, except where mandatory local consumer law says otherwise.
Dispute resolution and arbitration (US users). Please read this carefully. It affects how disputes are resolved. If you are in the United States, you and Elsewhere Index agree that any dispute, claim, or controversy arising out of or relating to Whim or these Terms will be resolved by binding individual arbitration rather than in court, except that either party may bring qualifying claims in small-claims court, and either party may seek injunctive relief in court for intellectual-property or unauthorized-access matters. The arbitration will be administered under established consumer-arbitration rules the American Arbitration Association (AAA) under its Consumer Arbitration Rules by a neutral arbitrator, and judgment on the award may be entered in any court of competent jurisdiction.
- Class and jury waiver. To the fullest extent permitted by law, you and Elsewhere Index each waive the right to a jury trial and the right to bring or participate in a class, collective, or representative action. Disputes will be resolved only on an individual basis.
- 30-day opt-out. You can opt out of this arbitration agreement (including the class and jury waiver) by sending written notice to [email protected] within 30 days of first accepting these Terms. Your notice must say you’re opting out of arbitration and identify your account. If you opt out, the venue provision below applies to you instead.
- Severability of this section. If the class-and-jury waiver is found unenforceable as to a particular claim, that claim (and only that claim) will proceed in court; the rest of this arbitration section survives.
Venue for other disputes. For users not covered by the arbitration agreement above (including those who opt out, and users outside the United States to the extent permitted by their local law), the state and federal courts located in Texas, USA have exclusive jurisdiction over disputes relating to Whim or these Terms, and you consent to that venue. This does not override mandatory rights to sue or be sued locally under your home-country consumer law.
Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, natural disasters, outages, failures of third-party services, network or power failures, labor disputes, or government action.
Entire agreement. These Terms, plus the Privacy Policy and any in-app purchase terms, are the whole agreement between you and Elsewhere Index about Whim.
Severability. If any part of these Terms is found unenforceable, the rest stays in effect.
No waiver. If we don’t enforce a part of these Terms right away, we haven’t given up the right to enforce it later.
Assignment. You may not assign these Terms. We may assign them, for example in a sale or reorganization of the business.
Third-party beneficiaries. Except for Apple and Google, who are third-party beneficiaries as described in Sections 5.7 and below and may enforce the parts of these Terms that apply to them, there are no other third-party beneficiaries of these Terms.
Apple/Google as third-party beneficiaries. Where required by the app stores, Apple and Google are third-party beneficiaries of these Terms and may enforce the parts that apply to them. See Section 5.7 for additional Apple-specific terms.
13. Contact
Questions, reports, or data requests:
Elsewhere Index LLC Support: [email protected]