RARIby Whimzy.io

Terms of Service

Last Updated: July 2, 2025

Please read these Terms of Service ("Terms") carefully before using the RARI by Whimzy.io platform and services. These Terms govern your access to and use of the RARI Sound Print service and any related websites or services (collectively, the "Platform"), which are operated by Whimzy LLC (doing business as RARI by Whimzy.io, referred to as "Whimzy," "the Company," "we," or "us"). By accessing the Platform or purchasing a RARI Sound Print, you agree to be bound by these Terms. If you do not agree with these Terms, you must not use the Platform or services.

Company Information: Whimzy LLC is a company organized in the United States, with its principal business address at 222 Glenwood Ave, Apt 409, Raleigh, NC 27603-1495, USA. For all official communications, support inquiries, or legal correspondence, please use our designated mailing address: Whimzy LLC (Attn: THookz), 355 South Grand Avenue, Suite 2450 PMB #2259, Los Angeles, CA 90071-3180, USA, or email us at support@whimzy.io.

1. Overview of Services

RARI Sound Print Service:

RARI Sound Print is a luxury enterprise sound branding service that creates a bespoke “Enterprise Sonic DNA” – a custom audio signature (the "Sound Print") uniquely crafted for your brand. Our tagline, “This isn’t a sample. This is your signature.”, reflects that each Sound Print is an exclusive creation tailored to one client and not a pre-made sample or stock audio. The service is delivered through a three-step process: Configure → Checkout → Intake & Creation.

  • Configure: You select your desired package and any add-on features on our Platform.
  • Checkout: You agree to the fees and make payment through our secure online checkout.
  • Intake & Creation: After payment, you will complete a detailed intake form and provide information about your enterprise (brand values, target audience, desired mood, etc.). Our team then uses this information, along with proprietary AI-powered Sonic DNA Analysis, to compose your custom Sound Print.

Service Components and Pricing:

Our pricing is positioned at an elite level reflecting the bespoke nature of the service. The core Sound Print creation fee is $5,000 USD. We also offer optional premium add-ons to enhance your sonic identity:

  • Acceleration – $1,000 (an add-on for expedited or prioritized creation, ensuring the fastest possible delivery and dedicated production resources).
  • Memory – $2,000 (an add-on that infuses mnemonic or “earworm” elements into your Sound Print to maximize brand recall, and may include additional shorter riffs or variations for use in different contexts).
  • Quirkiness – $3,000 (an add-on providing extra creative experimentation, uniqueness, or unconventional elements in the composition, making your sound truly one-of-a-kind).

All prices are in U.S. Dollars. Taxes or VAT (if applicable based on your billing location) will be added at checkout. We reserve the right to modify our fees or add new services over time; however, the price agreed at the time of your order will be honored for that purchase.

2. Eligibility and Enterprise Use

By using the Platform or purchasing a Sound Print, you represent and warrant that: (a) you are at least 18 years old and have the legal capacity to enter into a contract; and (b) if you are ordering on behalf of a company or other organization, you are an authorized representative with the authority to bind that entity to these Terms. This service is intended for business and enterprise clients. You acknowledge that you are using RARI Sound Print for professional or business purposes, not as an individual consumer for personal, family, or household purposes. (Note: Because of this business-use focus, certain consumer protection laws may not apply. However, we strive to treat all clients fairly and ethically in line with the premium nature of our service.)

3. Account Registration and Security

In order to purchase a RARI Sound Print, you may be required to create an account on our Platform or provide certain contact and billing information during checkout. You agree to provide accurate, current, and complete information as requested, including but not limited to your full name, business name, billing address, email, and phone number. You are responsible for maintaining the confidentiality of any account login credentials (if an account is created) and for restricting access to your account. You agree to notify us immediately at support@whimzy.io of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to safeguard your account information.

4. Orders, Payment, and Taxes

Placing an Order:

By placing an order for a Sound Print (with or without add-ons), you are making an offer to purchase the service according to these Terms. All orders are subject to acceptance by Whimzy. We reserve the right to refuse or cancel orders at our discretion (for example, if we have reason to believe a request is unlawful, unethical, or if we are unable to fulfill it). If an order is refused or canceled and you have already been charged, we will issue a refund for any amount paid for that order (if canceled before work begins, as described below).

Payment Terms:

All fees for the Sound Print service and any selected add-ons must be paid in full at the time of ordering, unless we explicitly agree in writing to an alternative billing arrangement (such as invoice terms for approved enterprise clients). Payments are processed through industry-standard third-party payment processors. We use secure payment processing services (for example, Stripe or similar providers) to handle your payment information – your sensitive payment card details are not stored on our servers for security. By submitting payment information, you grant us and our payment processors the right to charge the amount due for the order and any applicable taxes or fees. You are responsible for providing valid payment information and resolving any issues with payment (such as updating expired card details or ensuring sufficient funds).

Taxes:

Our fees do not automatically include any government taxes (such as sales tax, VAT, GST, etc.) unless otherwise stated. If any such taxes apply to your purchase, you are responsible for paying them. We will collect taxes where we are legally required to do so. If you are tax-exempt, you must provide appropriate documentation to us before purchase.

No Refunds on Custom Work:

Due to the custom, creative nature of the Sound Print service, all sales are final once the intake process has begun. You acknowledge that once you have submitted your intake information and our creative work has started, you will not be eligible for cancellation or a refund. This policy is necessary because we dedicate significant time and specialized resources (including AI processing and human creative effort) to produce a unique product for you. If you wish to cancel your order, you must contact us immediately after purchase and before submitting the intake form or before any creative work commences. Any determination of a cancellation request at that stage (and any potential partial refund) will be at our sole discretion on a case-by-case basis. Once work has started, no refunds or credits will be issued. We are committed to delivering a high-quality result and will work with you to address any concerns, but outright refunds are not offered for custom-created digital products.

5. Intake Process and Client Responsibilities

Client Intake Obligations:

After payment, you will be prompted to complete our Intake Form, which is an in-depth questionnaire and data collection process to gather information about your brand’s “sonic DNA.” You agree to provide timely, accurate, and thorough information during this intake process. The quality and relevance of the information you provide (such as your brand values, mission, audience demographics, existing brand materials, preferences for style or mood, and any other insights into your enterprise ecosystem) will directly impact our ability to craft an appropriate Sound Print. If we require clarification or additional details, you agree to cooperate and respond promptly.

Because the Sound Print is fully custom and uniquely crafted, you will not receive sample snippets or preview drafts for approval unless this has been explicitly arranged as part of a separate agreement. (Our standard process does not include preliminary samples or multiple revision stages; see Section 6 on Revisions for more details.) You understand that you are commissioning a creative work and that, while we will endeavor to align the Sound Print with the information and vision you provide, the final creative decisions are made by our expert composers (with the aid of AI tools).

Accuracy and Legitimacy of Provided Content:

You represent and warrant that all information and materials you provide to us in the intake (or at any time during the project) are your own or your company’s information, or that you have all necessary rights and permissions to share them. Any reference materials, audio examples, or data you provide must not infringe any third-party intellectual property or confidentiality rights. You will not provide any content that is obscene, unlawful, or unrelated to the purpose of the Sound Print creation. We reserve the right to refuse or halt a project if, in our judgment, the information provided violates any laws or these Terms.

Enterprise Confidentiality of Intake Data:

We understand that the intake form may include sensitive and proprietary business information (e.g. internal brand strategies, market positioning, or other confidential data). We will treat all such information you provide as confidential. Both during and after the project, we will not disclose your confidential intake information to any outside party except as needed to perform the service (subject to the confidentiality safeguards in Section 9 below) or as required by law. Our team members and any approved service providers (such as AI processing platforms) are bound by confidentiality obligations. (If your company requires a separate Non-Disclosure Agreement (NDA) for the intake information, we are willing to review and sign an NDA consistent with these confidentiality commitments.)

6. Production, Delivery, and Timeline

Creative Process:

Once your intake is complete, our creative team (comprised of expert sound designers, with assistance from our AI-powered Sonic DNA Analysis tools) will begin crafting your Sound Print. We leverage artificial intelligence in combination with human artistry to analyze your brand’s identity and translate it into musical elements. Please note: The AI components are tools to augment our creative process – final compositions are reviewed and refined by human experts to ensure quality and brand fit.

Timeline Guarantee:

We pride ourselves on a rapid turnaround for this premium service. Standard delivery for the completed Sound Print is within 72 hours (3 business days) after we confirm that we have received all necessary intake information from you. The 72-hour period begins once we have both your completed intake form and any follow-up information we requested, and we have confirmed in writing (e.g. via email) that the creation process has started. Our “Acceleration” add-on, if purchased, is intended to prioritize your project and can further expedite the process (we will communicate the accelerated delivery timeframe individually, which may be as fast as 24-48 hours depending on the specifics and scheduling).

While we guarantee a good-faith delivery within the stated timeframe, certain custom or complex requests could require additional time. If we anticipate that your project requires more than 72 hours (for example, due to an unusually intricate brief or unforeseen technical issues), we will inform you as soon as possible and provide a revised delivery estimate. In the unlikely event of a delay beyond the committed timeline, we will keep you updated frequently and, if the delay is significant and due solely to our fault, we will discuss appropriate remediation (such as a complimentary add-on service or, in exceptional cases, a partial refund if work has not yet begun).

Delivery Format:

The Sound Print deliverable will typically be provided as a high-quality digital audio file (or set of files) in a standard format (such as WAV or MP3 at a professional bitrate). If your package includes Memory or Quirkiness add-ons, the deliverables might also include alternative versions or additional shorter audio logos, as applicable. We will deliver the files to you electronically – usually via a secure download link, email attachment, or through a secure cloud folder. All deliveries will be electronic; no physical media will be shipped.

Upon delivery, please download and back up your Sound Print files promptly. We will retain a master copy in our archives as a backup for a reasonable period, but it is your responsibility to safely store the delivered files after download. We strongly encourage you to verify that you can access the files upon receipt.

Review and Acceptance:

Given the bespoke nature of the service, formal “acceptance testing” is not typically required; the Sound Print is delivered as the final product. However, we want you to be satisfied. You agree to listen to the delivered Sound Print promptly. If there are any issues such as file corruption, playback problems, or if the delivered files do not match the description of what was ordered, you must notify us within 7 days of delivery so we can correct any such errors.

7. Revisions and Satisfaction

Because RARI Sound Print is designed as a one-of-a-kind signature composition created based on your provided parameters, it does not include an extensive revision process by default. In other words, we do not typically create multiple drafts for selection or engage in open-ended iterative revisions as part of the standard package. Our process aims to capture your requirements up front in the intake phase and deliver a polished final product.

Minor Adjustments:

If upon listening to your Sound Print you have minor requests for adjustment (for example, slight volume balancing, a small change in tempo, or other fine-tuning), you may contact us within the 7-day window after delivery, and we will in good faith consider one round of minor revisions, free of charge, to ensure the Sound Print meets the agreed expectations. What qualifies as a "minor" revision is at our discretion, but generally means adjustments that do not require redoing major creative work or changing the fundamental composition.

Major Revisions or Redesigns:

Requests that significantly deviate from the original intake brief or ask for a completely different style or concept than originally specified will not be covered under the initial fee. If you desire substantial changes or an alternate Sound Print after delivery, that would constitute a new project or an additional engagement. We can discuss scope and pricing for significant revisions or a second composition if needed. (Our goal is to get it right the first time, and we invest the necessary effort up front to avoid this scenario.)

By purchasing, you acknowledge that creative taste is subjective. While we commit to high-quality work and alignment with your brief, the Sound Print is ultimately an artistic interpretation of your brand’s identity. Minor perceived imperfections or subjective preferences will not be grounds for rejection of the deliverable. We do, however, want you to love your signature sound, so we will make reasonable efforts to address any concerns within the boundaries described above.

8. Intellectual Property Rights

Ownership of Deliverables (Your “Signature Sound”):

Upon full payment and delivery of the Sound Print to you, all intellectual property rights in the final Sound Print audio composition are transferred to you. This means the custom music/audio we create specifically for you is your property to use as your official sonic identity. You receive a perpetual, worldwide, exclusive right to use, reproduce, publish, distribute, modify, and publicly perform the Sound Print in connection with your business and brand. We will provide any necessary written assignments or confirmations to establish your ownership of the Sound Print upon request.

Please note that the transfer of rights applies to the final audio deliverable and does not necessarily include transfer of our underlying tools, methods, or proprietary algorithms. Whimzy LLC retains ownership of any pre-existing intellectual property, software, AI models, frameworks, or methodologies used to create the Sound Print, as well as any general know-how or skills developed in the process. We also retain ownership of any elements of the Sound Print that were not uniquely created for you or that are generic in nature (for example, sound design techniques or stock sound samples that are fully licensed for use). However, to the extent any such elements are included in your Sound Print, you are granted an irrevocable license to use them as part of the Sound Print deliverable. In short, you own your unique sonic signature, and we won’t reuse or resell your exact Sound Print to anyone else.

Portfolio Use and Credits:

Given the confidential and bespoke nature of our work, we will not use or disclose your Sound Print or the fact that your company is our client in our marketing or portfolio without your prior consent. If you are pleased with the result, we may request a testimonial or the right to cite you (with your logo or a brief audio excerpt) as a client success story, but that is entirely at your discretion. Absent explicit permission, we will keep the fact of our engagement confidential (aside from any public knowledge, such as you yourself using the sound publicly in your branding).

Client Materials:

Any materials you provide to us (such as your existing brand sounds, jingles, logos, or other content) remain your intellectual property, and we will only use them for the purpose of fulfilling your order. Likewise, if you provide us with materials that are third-party owned (e.g., a reference track owned by someone else) as part of explaining what you want, you must ensure you have the right to use and share those materials. We will not incorporate any third-party copyrighted material into your Sound Print without proper license or permission.

9. Confidentiality

Each party (you and us) acknowledges that during the course of this engagement, we may receive confidential or proprietary information from the other party. In particular, you may share sensitive business information through the intake process, and we may share aspects of our proprietary creative approach. Both parties agree to keep confidential information secret and to use it only for the purposes of the engagement.

  • Our Obligations: We will safeguard and not disclose your confidential information to any third party except (a) to our employees or direct contractors who need to know it to produce your Sound Print (and who are bound by confidentiality obligations), (b) to our service providers as necessary for operations (such as cloud hosting or AI processing services, which are also bound to confidentiality or data protection commitments), or (c) if required by law or legal process (in which case we will, if lawful, give you notice to allow you to seek a protective order). We understand that the information you provide about your brand strategy, internal culture, or any materials may be highly sensitive, and we treat such information with the utmost care.
  • Your Obligations: Similarly, if we share any of our confidential information with you (for example, non-public details about our AI processes, or a custom method we use), you agree not to disclose it outside your organization or use it for any purpose other than enjoying the benefits of the RARI service.

Confidential information does not include information that is or becomes publicly known without breach of these Terms, is independently developed without use of the other’s confidential info, or that was lawfully known to the receiving party prior to disclosure.

These confidentiality obligations commence upon your acceptance of these Terms and remain in effect indefinitely, surviving the termination of our engagement. If a separate mutual Non-Disclosure Agreement exists between us, both that NDA and this clause will apply (in case of conflict, the stricter confidentiality obligation will prevail).

10. Acceptable Use Policy

When accessing our Platform or using our services, you agree to comply with the following rules:

  • Lawful Purposes: You will use the Platform and the Sound Print deliverables only for lawful purposes. You will not use the Sound Print or any part of our service to engage in any illegal, abusive, or fraudulent activity.
  • No Harmful Inputs: You will not submit content through the intake or otherwise that contains viruses, malware, or any harmful code. You will not attempt to interfere with or disrupt the Platform’s security or functionality.
  • Respect Intellectual Property: You will not attempt to reverse engineer, decompile, or extract our AI models, software or methods. You will not misuse any content from our website (such as text or graphics) beyond what is allowed. Any of our Platform content that is not part of your deliverable remains our property and may not be reproduced without permission.
  • No Infringing Requests: You will not request us to create a Sound Print that infringes on someone else’s intellectual property. (For example, do not ask for a sound-alike of a famous jingle or a remix of copyrighted music that you do not have rights to.) Your use of the Sound Print we deliver must also respect any third-party rights – though we guarantee the work we provide is original, how you use it (e.g., syncing it with videos, etc.) should not violate any laws or rights.
  • Platform Integrity: Do not attempt to gain unauthorized access to any part of our Platform or to other users’ data. Do not use bots, scrapers, or automated means to access or use the Platform in violation of our technical access rules.

We reserve the right to suspend or terminate your access to the Platform and services if you violate this Acceptable Use Policy or any other provision of these Terms. Serious violations (such as attempts to compromise our systems or illegal activity) may also result in referral to law enforcement or legal action.

11. Data Privacy

Your submission of personal or business information to us is governed by our Privacy Policy (see the Privacy Policy section below, which is incorporated into these Terms by reference). By using our service, you also consent to the data practices described in the Privacy Policy. Key points include: we collect only the information needed to perform the service, we use secure technologies including encryption and enterprise-grade cloud infrastructure to protect your data, and we do not sell your personal information to third parties. We also comply with applicable data protection laws such as GDPR for EU clients and CCPA for California residents. Please review the Privacy Policy for full details on how we collect, use, store, and protect your information.

By agreeing to these Terms, you also agree that we may process your data as necessary to provide the service, including processing by AI systems. You also acknowledge that for the purpose of delivering the Sound Print (which may involve AI analysis of your provided information), your data may be processed on secure cloud servers or by AI tools, subject to strict confidentiality and security measures.

If you have any questions or concerns about how we handle data, you can contact us at privacy@whimzy.io or support@whimzy.io.

12. Disclaimers of Warranty

“As-Is” Service:

We strive to provide a perfect, signature-quality product and a smooth experience, but aside from the explicit commitments in these Terms, the Platform and the RARI Sound Print service are provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

  • We do not guarantee that the Platform will be available uninterrupted or error-free at all times, or that any minor software bugs will be corrected immediately. However, we do commit to using enterprise-grade hosting and security to minimize downtime or errors.
  • We do not make promises that the Sound Print will achieve specific business outcomes (for example, we can’t guarantee that your new sonic branding will increase your sales or brand recognition by a certain measure – though we certainly hope it has a positive impact).
  • Any timeline or delivery date is an estimate and while we make best efforts (as noted in Section 6), we do not warrant against unforeseen delays beyond our control (such as internet outages, force majeure events, etc.).
  • You acknowledge that creative services can have subjective results and while we warrant that the deliverable will substantially meet the specifications of your order (unique, custom, based on your intake), we make no further warranty. In the event of any defect or non-conformity in the deliverable caused by us, your exclusive remedy is for us to repair or replace the deliverable as described in Sections 6 and 7 (e.g., correcting a file issue or making minor adjustments).

Third-Party Services:

We rely on certain third-party services to operate (for example, cloud hosting providers, payment processors, AI technology providers). While we select reputable, secure providers, we cannot guarantee their performance. We disclaim liability for the acts or omissions of third-party service providers. However, if any third-party service failure affects your experience or deliverable, we will use reasonable efforts to remedy the situation or find an alternative solution quickly.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such cases, our warranties are limited to the minimum warranty period or scope permitted by applicable law.

13. Limitation of Liability

Cap on Liability:

To the fullest extent permitted by applicable law, Whimzy LLC’s total liability to you for any and all claims arising out of or in connection with the use of the Platform or the purchase or use of any RARI Sound Print (whether in contract, tort (including negligence), or any other theory) is limited to the total amount of fees you paid to us for the specific Sound Print order in question. If no purchase has been made, our liability is capped at USD $100.

No Indirect Damages:

In no event will Whimzy or its directors, officers, employees, affiliates, agents, or licensors be liable to you for any indirect, consequential, incidental, special, exemplary, or punitive damages, or for any loss of profits, revenue, business opportunity, goodwill, or data, even if we have been advised of the possibility of such damages. This exclusion includes any damages resulting from your use of or inability to use the delivered Sound Print in any way, or any unauthorized access or alteration of your transmissions or data (except that if we have a data breach caused by our negligence, we remain responsible to notify you and comply with applicable laws).

You acknowledge that the fees we charge reflect this allocation of risk and the limitation of liability specified herein. If you are an enterprise client requiring higher liability limits or specific liability clauses, you must discuss and agree to those with us in a separate written contract; otherwise, the limits in these Terms apply.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so certain above limitations may not apply to you. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless Whimzy LLC and its affiliates, and their respective directors, officers, employees, and agents (the "Indemnified Parties") from and against any and all claims, losses, liabilities, damages, expenses, and costs (including reasonable attorneys’ fees) arising out of or related to: (a) your breach of these Terms or violation of any law or regulation; (b) your infringement or misappropriation of any intellectual property or other rights of any third party in connection with your use of the Platform or any materials you provided to us (for example, if you gave us content to incorporate into the Sound Print and you didn’t have rights to it, and we get sued as a result, you will cover our costs); (c) your misuse of the Platform or the delivered Sound Print (e.g., using the Sound Print in violation of a law or in a defamatory manner); or (d) any dispute between you and your own customers or end-users relating to the Sound Print (for instance, if someone claims your use of the Sound Print violates their rights, except to the extent we would be liable for that if it were true, in which case our liability to you is as set out in these Terms). We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (in which case you agree to cooperate with our defense of that claim). This indemnity obligation will survive the termination or expiration of your relationship with Whimzy and the use of our services.

15. Term and Termination

Term:

These Terms are effective beginning when you first use the Platform or service, and will remain in effect while you continue to use the Platform or hold an account or an ongoing relationship with us.

Termination by You:

You may stop using the Platform at any time. If you have an account, you can request account deletion. Termination of use will not retroactively cancel any orders already placed, and these Terms will still govern any outstanding obligations (for example, payment for a service already rendered, or our delivery of an ongoing project).

Termination or Suspension by Us:

We reserve the right to suspend or terminate your access to the Platform or cancel any order (even after acceptance) if you violate any provision of these Terms, if we suspect fraudulent or unlawful activity, or if you misuse the service in any way. We also reserve the right to terminate the Platform or service (or any portion thereof) at our discretion if we decide to discontinue the offering, though for any in-progress or paid orders we will either fulfill them or issue a refund. In the event of any termination of an in-progress service due to your breach of Terms, no refund will be given (and in some cases you may still be liable for costs incurred up to that point).

Effect of Termination:

Upon termination of these Terms for any reason, Sections that by their nature should survive will survive (including but not limited to provisions on Ownership, Confidentiality, Disclaimers, Limitation of Liability, Indemnification, Governing Law, and Dispute Resolution). If your access is terminated due to breach, you must immediately cease any use of the Platform and our intellectual property.

16. Governing Law and Dispute Resolution

Governing Law:

These Terms and any dispute arising out of or relating to these Terms or the provision of our services to you will be governed by and construed in accordance with the laws of the State of California, USA, and the federal laws of the United States applicable therein, without regard to conflicts of law principles. However, we operate globally and recognize that mandatory consumer protection laws or data protection laws of your country of residence may apply if you are an individual user – we do not seek to override any such rights where applicable. For commercial (business-to-business) transactions, the chosen law (California/USA) will apply to the fullest extent permitted.

Jurisdiction and Venue:

Any disputes or claims arising between you and Whimzy shall be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles, California, USA, and each party submits to the personal jurisdiction of those courts. You agree that these courts are a convenient forum, and you waive any objection to jurisdiction or venue in those courts (however, we reserve the right to seek injunctive relief in any jurisdiction if necessary to protect our intellectual property or confidential information).

Alternative Dispute Resolution:

Given the bespoke and high-value nature of our engagements, we hope to resolve any concern amicably. If you have any issue or dispute with us, we encourage you to first reach out to support@whimzy.io or your Whimzy contact so we can attempt to resolve it informally and swiftly. If a negotiated resolution is not achieved, either party may seek legal remedy as described above. (At our option, we may propose mediation or arbitration for a dispute; if both parties agree in writing to such alternative dispute resolution, it can be pursued, but absent mutual agreement this Section does not mandate arbitration.)

International Use:

We make no representation that the Platform or the Sound Print service is appropriate or available in all locations. If you choose to access or use the service from outside the United States, you do so at your own risk and are responsible for compliance with all local laws. You shall not use the Platform in a country embargoed by the U.S. or in violation of any export law or regulation.

17. Changes to These Terms

We may update or modify these Terms from time to time, especially as our services evolve or as legal requirements change. When we make material changes, we will post the updated Terms on our website and update the “Last Updated” date at the top. It is your responsibility to review these Terms periodically. If you have an active account or ongoing engagement, we may also notify you of major changes via email or via the Platform. By continuing to use the Platform or our services after any updated Terms are in effect, you agree to be bound by the revised Terms. If you do not agree with any changes, you must stop using the Platform and (if applicable) cancel any pending services (subject to the no-refund policy if work has begun).

18. Miscellaneous

Entire Agreement:

These Terms (together with any Order details on our site and any policies or documents incorporated by reference, including the Privacy Policy and any separate written agreements between you and Whimzy) constitute the entire agreement between you and us regarding the RARI Sound Print service and your use of the Platform. They supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us regarding the subject of this agreement. In case of any conflict between these Terms and an individually negotiated contract between Whimzy and an enterprise client, the terms of the individually negotiated contract will prevail to the extent of the conflict.

Severability:

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms will remain in full force and effect. The invalid provision will be deemed modified in a manner that most closely reflects the original intent, to the extent permitted by law.

No Waiver:

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver by us of any breach of these Terms will be a waiver of any subsequent breach, and no waiver will be effective unless made in writing.

Assignment:

You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign these Terms or delegate our obligations to any affiliate or successor in interest (for example, if we undergo a merger, acquisition, or sale of assets) without notice to you. These Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Relationship of Parties:

You and Whimzy are independent contracting parties. Nothing in these Terms shall constitute either party as an employer, employee, agent, or representative of the other, nor create a joint venture, partnership, or franchise. Neither party has the authority to bind the other or incur obligations on the other’s behalf without explicit written consent.

Headings:

Section headings in these Terms are for convenience only and have no legal or contractual effect.

Language:

These Terms are written in English. If they are translated into another language for convenience or local law, the English version will control in the event of any ambiguity or conflict.

19. Contact Information

If you have any questions, concerns, or notices to give under these Terms, please contact us at support@whimzy.io. For legal notices or mailed correspondence, you may write to our office mailing address provided above (Attn: Terms of Service Inquiry). We will respond to inquiries as promptly as possible, typically within 1-2 business days for customer service questions.