Legal

TERMS OF SERVICE

April 27, 2026

TERMS OF SERVICE

Version: 2.1.0 Last Updated: April 27, 2026 Effective Date: April 27, 2026

INTRODUCTION

These Terms of Service ("Terms") govern your access to and use of the Whir platform, including:

  • The Whir mobile application for iOS and Android (the "App")
  • The Whir consumer website at whir.community
  • The Whir business portal at business.whir.community
  • The Whir marketing site at getwhir.com
  • Any other website, application, or service operated by Whir Inc. that links to these Terms (collectively with the above, the "Services")

The Services are operated by Whir Inc., a Delaware corporation ("Whir," "we," "us," or "our"). By creating an account, accessing, or using any part of the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Services.

Our Privacy Policy describes how we collect, use, and disclose your information when you use the Services and is incorporated into these Terms by reference.

In Short: These Terms are the contract between you and Whir. They cover what you can do on the platform, what we can do, and what happens if something goes wrong.

TABLE OF CONTENTS

  1. Acceptance and Eligibility
  2. Definitions
  3. Account Types
  4. Account Registration and Verification
  5. Acceptable Use
  6. Deal and Event Submissions
  7. Business Accounts and Verification
  8. Unclaimed Business Listings
  9. Content and Intellectual Property
  10. Compensation Disclosures (FTC)
  11. Future Compensation, Rewards, and Gamification
  12. Camera and On-Device Text Recognition
  13. Paid Business Subscriptions
  14. Whir's Discretion and Moderation
  15. DMCA Notice and Counter-Notice Procedure
  16. Trademark Complaints
  17. Disclaimers and Warranties
  18. Limitation of Liability
  19. Indemnification
  20. Term and Termination
  21. Changes to These Terms
  22. Dispute Resolution and Arbitration
  23. Mobile App Store Provisions
  24. General Provisions
  25. Contact Information

1. ACCEPTANCE AND ELIGIBILITY

1.1 Acceptance

By accessing or using the Services, by clicking "I agree" or a similar acceptance mechanism, or by creating an account, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Services on behalf of a business, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" refers to both you individually and that entity.

1.2 Eligibility

To use the Services, you must:

  • Be at least 13 years of age, or such higher minimum age as required by the laws of your jurisdiction;
  • Not have been previously suspended, terminated, or otherwise barred from using the Services;
  • Not be located in, or a resident of, a country subject to U.S. government embargo or designated by the U.S. government as a "terrorist supporting" country;
  • Not be listed on any U.S. government list of prohibited or restricted parties;
  • Have the legal capacity to enter into a binding contract under applicable law.

If you are between 13 and the age of majority in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

1.3 Geographic Scope

The Services are currently offered to users located in the United States. We may make the Services available in additional jurisdictions in the future, and additional terms, conditions, or local-law disclosures may apply in those jurisdictions. We make no representation that the Services are appropriate or available for use in any particular location, and access from territories where the Services are illegal is prohibited.

2. DEFINITIONS

For purposes of these Terms, the following capitalized terms have the meanings set forth below:

  • "Account" means a registered profile on the Services, whether a Consumer Account, Verified Business Account, or otherwise.
  • "Business" means any commercial establishment, organization, or entity featured or eligible to be featured on the Services.
  • "Consumer Account" means an Account registered by an individual user for personal, non-commercial use of the Services.
  • "Content" means any text, image, video, audio, data, deal information, event information, business information, review, comment, or other material submitted, uploaded, posted, transmitted, or otherwise made available through the Services.
  • "Deal" means a promotion, offer, discount, or special advertised on the Services.
  • "Event" means a scheduled occurrence at a specific date, time, and location advertised on the Services, which Users may indicate interest in by RSVP.
  • "Submitter" means a User who submits a Deal, Event, or other Content to the Services.
  • "Unclaimed Business Listing" means a Business profile created by Whir, automatically or otherwise, for a Business that has not registered a Verified Business Account.
  • "User" means any person who accesses or uses the Services, regardless of whether they have registered an Account.
  • "User Content" means Content submitted by a User.
  • "Verified Business Account" means a Business Account that has been registered and verified through Whir's verification process described in Section 7.

3. ACCOUNT TYPES

The Services support the following Account types:

3.1 Consumer Account

A Consumer Account allows individual Users to browse Deals and Events, submit Deals and Events, RSVP to Events, save favorites, follow Businesses, and use other consumer-facing features. Consumer Accounts are free.

3.2 Verified Business Account

A Verified Business Account allows a Business to claim its presence on the Services, manage Deals and Events associated with the Business, audit User-submitted Content, respond to consumers, and access additional Business-facing features. Basic Verified Business Account access is free; certain advanced features (such as enhanced analytics) are available through paid subscription tiers as described in Section 13.

3.3 Unclaimed Business Listing

An Unclaimed Business Listing is a Business profile that exists on the Services without an associated Verified Business Account. Unclaimed Business Listings may be created automatically by Whir using publicly available business information (including, but not limited to, data from the Google Places API) or as a result of User-submitted Deals or Events naming a Business that has not yet registered.

3.4 Holding Multiple Account Types

A single individual may register both a Consumer Account and a Verified Business Account. Each Account is governed by these Terms and any additional terms applicable to the specific Account type.

4. ACCOUNT REGISTRATION AND VERIFICATION

4.1 Consumer Account Registration

To register a Consumer Account, you may be required to provide:

  • First name
  • Last name
  • Email address
  • Password
  • Other information requested during registration

You may also have the option to register using a third-party authentication service (such as Sign in with Apple or Google).

4.2 Verified Business Account Registration

To register a Verified Business Account, you may be required to provide:

  • Business name
  • Business address
  • Business contact information (phone number, email)
  • Point of contact's first name, last name, and email address
  • Business verification information (see Section 4.3)

4.3 Business Verification

We may verify the legitimacy of a Business and the authority of the person registering on its behalf using one or more of the following methods, at our sole discretion:

  • Direct contact with the Business via the contact information listed in publicly available sources (such as Google Places);
  • In-person verification at the Business's physical address;
  • Verification through the Google Business API or similar third-party services;
  • Domain-matching verification (confirming that the registrant's email address belongs to a domain associated with the Business's website);
  • Other reasonable methods we determine appropriate.

We may decline to verify any Business at our sole discretion. Verification status is not permanent and may be revoked if we determine that the Verified Business Account was obtained or maintained improperly.

4.4 Disputed Business Claims

If two or more parties claim authority over the same Business, the party that owns and operates the Business at its physical location is the recognized owner for purposes of the Services. Franchise managers, parent companies, or successor owners may request to take over or remove a Verified Business Account by contacting us through the procedures described in this Section. Whir's determination based on the available evidence is final.

4.5 Multi-User Business Accounts

As of the effective date of these Terms, each Verified Business Account is tied to a single login. We may introduce entity-based Business Accounts with multiple authorized users in the future, which will be governed by additional terms applicable to that feature.

4.6 Account Security and Accuracy

You are responsible for:

  • Maintaining the accuracy and completeness of your Account information and updating it as needed;
  • Keeping your password and login credentials confidential;
  • All activity that occurs under your Account, whether or not authorized by you;
  • Promptly notifying us of any unauthorized access to or use of your Account.

We are not liable for any loss or damage arising from your failure to maintain the security of your Account.

5. ACCEPTABLE USE

You agree to use the Services only in compliance with these Terms and all applicable laws. The following conduct is strictly prohibited:

5.1 Prohibited Conduct

You may not:

  • Engage in illegal activity, including fraud, money laundering, sale of prohibited goods or services, or any other activity that violates applicable law;
  • Submit false, misleading, or deceptive Content, including Deals you know to be inaccurate, fabricated, or unauthorized;
  • Impersonate any person or entity, including another User, a Business, or Whir staff;
  • Defame, harass, threaten, bully, or stalk any person or Business;
  • Post hateful content, including content that promotes discrimination, hatred, or violence based on race, ethnicity, national origin, religion, gender, sexual orientation, disability, or any other protected characteristic;
  • Post obscene, pornographic, or sexually explicit Content;
  • Post Content that promotes violence or self-harm;
  • Infringe intellectual property rights, including copyrights, trademarks, trade secrets, or rights of publicity;
  • Submit Content irrelevant to the Deal, Event, or Business to which it relates;
  • Submit Content concerning Businesses you have no genuine connection to for the purpose of harming, harassing, or unfairly promoting them;
  • Spam the Services or other Users, including by submitting duplicate, repetitive, or low-quality Content;
  • Interfere with the operation of the Services, including by introducing viruses, malware, denial-of-service attacks, or other harmful technology;
  • Attempt to gain unauthorized access to the Services, other Accounts, or any computer systems or networks connected to the Services;
  • Reverse-engineer, decompile, or disassemble any part of the Services, except to the extent that applicable law expressly permits despite this limitation;
  • Use automation tools, robotic process automation (RPA), bots, scrapers, or any other automated means to access, interact with, or submit Content to the Services, except through interfaces and APIs that we have expressly authorized in writing;
  • Resell, sublicense, or commercially exploit the Services without our express written permission;
  • Circumvent or disable any security or access-control measure of the Services;
  • Encourage, facilitate, or assist any third party in any of the foregoing.

5.2 Submission Quality Standards

User-submitted Content (including text fields associated with Deal and Event submissions) must be relevant to the Deal, Event, or Business it concerns. We reserve the right to reject, modify, or remove any Content that does not meet our quality standards, in our sole discretion.

5.3 Reporting Violations

If you encounter Content or conduct that you believe violates these Terms, please report it to us at contact@getwhir.com. We review reports but are not obligated to take any specific action.

5.4 Enforcement

We may, at our sole discretion and without prior notice, take any action we deem appropriate in response to a violation of these Terms, including:

  • Removing or modifying offending Content;
  • Suspending or terminating Accounts (without warning);
  • Restricting access to specific features;
  • Reporting conduct to law enforcement or other authorities;
  • Pursuing legal remedies.

We do not commit to any particular enforcement procedure or remedy. Repeated or severe violations may result in immediate, permanent termination without warning.

6. DEAL AND EVENT SUBMISSIONS

This Section governs the submission, approval, publication, and ongoing management of Deals and Events on the Services. This is a core feature of the Services and includes additional rules that apply specifically to Submitters and the Businesses associated with submitted Content.

6.1 Who May Submit

  • Deals: Any registered Consumer Account holder may submit Deals on behalf of themselves or any Business. Verified Business Accounts may submit Deals on their own behalf.
  • Events: Subject to the same rules as Deals. Events differ from Deals in that they occur at a specific date and time and may not necessarily promote a sale. Users may RSVP to Events as described in Section 6.9.

6.2 Submission Process

When you submit a Deal or Event, you may be asked to provide:

  • The name and identifying information of the Business associated with the Deal or Event;
  • A title and description of the Deal or Event;
  • Date, time, and location information;
  • Optional images captured via the App's camera feature (which are processed entirely on your device — see Section 12);
  • Other information requested during the submission flow.

You must ensure that all information you submit is accurate to the best of your knowledge, relevant to the Deal or Event, and not in violation of these Terms.

6.3 Approval Chain

All submitted Deals and Events are subject to the following review process:

  1. Whir Review. All submissions are first reviewed by Whir, using a combination of automated systems and human reviewers. We may approve, deny, or modify any submission (including for typos, formatting, or clarity) at our sole discretion. We are not required to provide any reason or justification for our decisions.
  2. Business Review (if applicable). If a submission is approved by Whir and the associated Business has a Verified Business Account, the submission is then routed to that Business, which may approve, deny, modify, or merge the submission with an existing Deal or Event. Businesses are likewise not required to provide reasons for their decisions.
  3. Publication.
    • If the Business has a Verified Business Account and approves the submission, the Deal or Event is published as a "Business-approved" Deal or Event.
    • If the Business does not have a Verified Business Account, the Deal or Event is published under the corresponding Unclaimed Business Listing (or causes one to be created), with clear visual indication that the Deal or Event is User-submitted and has not been verified by the Business. See Section 8.

6.4 Submission Attribution and Anonymity

When submitting a Deal or Event, you may have the option to submit publicly (with your username displayed) or anonymously (with no username publicly displayed). Anonymous submissions remain identifiable to Whir for moderation, audit, and (if applicable) compensation purposes; only public-facing display is affected. Once you make a visibility selection at submission, you cannot change it later. You may, however, delete your Account, which will anonymize all of your previously published submissions as described in Section 9.4.

6.5 Public Display and Verification Status

Published Deals and Events may display:

  • A "Submitted by [username]" tag (or "Submitted by an anonymous user," for anonymous submissions);
  • A "Not verified by [Business Name]" label, until the Business confirms or modifies the submission;
  • A "Business-approved" or similar indicator, once the associated Verified Business Account has approved the submission.

These visual indicators are not contractual representations by Whir as to the accuracy, validity, or availability of any Deal or Event. Users should independently verify Deals with the Business before relying on them.

6.6 Edits After Publication

After a Deal or Event is published:

  • The original Submitter cannot edit the published Deal or Event. Submitters who wish to correct errors must contact us or, if applicable, request that the associated Verified Business Account make changes.
  • Whir may edit any Deal or Event at any time, with or without notice, including to correct errors, comply with legal obligations, or apply formatting and quality standards.
  • The associated Verified Business Account (if any) may edit, approve, deny, merge, or remove any Deal or Event associated with that Business.

6.7 Versioning and Authorship

If a Verified Business Account modifies a User-submitted Deal or Event, the Submitter's name remains associated with the original submission for purposes of the Submitter's profile and activity history, and the Submitter may receive enhanced credit on their profile for having submitted a Deal or Event that was subsequently approved by the Business. The published Deal or Event itself, however, is then displayed as a Business-approved Deal or Event.

6.8 Submission Inaccuracies and Liability

You represent and warrant that all Content you submit is accurate to the best of your knowledge and that you have all rights necessary to submit it. You are solely responsible for the accuracy and legality of your submissions. Whir is not responsible for the accuracy, legality, completeness, availability, or honoring of any Deal or Event by the listed Business, regardless of whether the Deal or Event was Business-approved.

We reserve the right (but assume no obligation) to audit any Deal or Event submitted to the Services for accuracy, validity, or compliance with these Terms. If we determine, in our sole discretion, that a submission is inaccurate, false, misleading, or in violation of these Terms, we may take any or all of the following actions, in any combination, with or without notice: (a) remove the Deal or Event; (b) modify the Deal or Event; (c) notify the Submitter; (d) notify the associated Business; (e) suspend or terminate the Submitter's Account; (f) take no action.

6.9 RSVP to Events

You may indicate interest in attending an Event by submitting an RSVP. An RSVP is a non-binding indicator of interest only and creates no obligation on you to attend the Event or on the Business or Whir to host the Event. You may cancel an RSVP at any time prior to the Event.

The Business associated with an Event may have visibility into Users who have RSVPed, including (subject to your privacy settings) your username or other profile information. We may, in the future, enable communication channels between Businesses and RSVPed Users — including notifications regarding cancellations, schedule changes, or other Event-related updates. By RSVPing, you acknowledge and agree that the Business and Whir may contact you in connection with the Event, including via in-app notification, email, or other means consistent with our Privacy Policy.

6.10 No Warranty as to Deal Honoring

Whir does not control Businesses and does not guarantee that any Business will honor any Deal or Event listed on the Services. Disputes regarding the honoring of a Deal or the conduct of a Business in connection with a Deal or Event are between you and the Business.

7. BUSINESS ACCOUNTS AND VERIFICATION

7.1 Business Account Capabilities

A Verified Business Account, once verified per Section 4.3, may:

  • Approve, deny, modify, or merge User-submitted Deals and Events associated with the Business;
  • Audit historical User-submitted Content concerning the Business;
  • Submit its own Deals and Events on behalf of the Business;
  • Respond to and interact with consumers (subject to the rules of the relevant feature);
  • Access analytics and reporting features (some of which may require a paid subscription as described in Section 13);
  • Use additional features as Whir may make available from time to time.

7.2 Business Representations and Warranties

If you register or operate a Verified Business Account, you represent and warrant that:

  • You are authorized to act on behalf of the Business and to bind the Business to these Terms;
  • All information you submit about the Business is accurate, current, and complete;
  • You will comply with all applicable advertising, consumer protection, tax, and other laws when submitting Deals, Events, and other Content;
  • You will not use the Services to engage in deceptive or unfair business practices.

7.3 Claim of an Unclaimed Business Listing

If your Business is currently represented on the Services as an Unclaimed Business Listing, you may claim that listing by registering a Verified Business Account and completing the verification process. Upon successful claim:

  • All Deals, Events, and other Content previously published under the Unclaimed Business Listing automatically come under your management;
  • You acquire the right to audit, edit, approve, modify, or remove that previously published Content;
  • You assume responsibility for the ongoing accuracy of the Business's profile information.

You acknowledge that User-submitted Deals and Events published under the Unclaimed Business Listing prior to your claim may have been visible to the public and that such past publication is not retroactively reversible by Whir. Your claim provides forward-looking control over the listing.

7.4 Compliance with Advertising Law

Businesses are solely responsible for ensuring that their Deals and Events comply with all applicable advertising, consumer protection, and disclosure laws, including but not limited to the Federal Trade Commission Act, state "little FTC" acts, and any industry-specific advertising regulations. Whir is not responsible for reviewing Business Content for legal compliance.

8. UNCLAIMED BUSINESS LISTINGS

8.1 Creation of Unclaimed Business Listings

We may create Unclaimed Business Listings on the Services automatically, including by importing publicly available business information from third-party sources such as the Google Places API, or as a result of User-submitted Deals or Events naming a Business that has not yet registered.

8.2 Public Display

Deals and Events associated with an Unclaimed Business Listing are published with clear visual indicators (such as "Submitted by [username]" and "Not verified by [Business Name]") to communicate that the Content is User-submitted and not Business-verified. Users are advised to treat User-submitted Deals and Events with appropriate skepticism, as their accuracy has not been confirmed by the listed Business.

8.3 Entity Removal Request

A Business that does not wish to be represented on the Services as an Unclaimed Business Listing may request removal by emailing contact@getwhir.com with sufficient information to identify the Business and to verify the requestor's authority. We will review such requests and act on those we determine to be valid, in our sole discretion. Removal of an Unclaimed Business Listing may include removal of associated Deals, Events, and other Content.

We reserve the right to require verification of the requestor's authority before acting on any Entity Removal Request, including by methods listed in Section 4.3 or by other reasonable means.

8.4 Whir's Position on Unclaimed Listings

Unclaimed Business Listings exist to provide Users with information about Businesses they may be interested in. Whir does not make any representation that any Business endorses, sponsors, or is affiliated with the Services solely by virtue of having an Unclaimed Business Listing. The Listings are factual, information-based references and not statements of association or endorsement.

9. CONTENT AND INTELLECTUAL PROPERTY

9.1 Ownership of User Content

You retain ownership of the User Content you submit to the Services. Submitting User Content does not transfer ownership to Whir.

9.2 License to Whir

By submitting, posting, or otherwise making User Content available through the Services, you grant Whir a worldwide, non-exclusive, royalty-free, sublicensable, transferable, perpetual, and irrevocable license to use, reproduce, modify, adapt, translate, publish, publicly display, publicly perform, distribute, and create derivative works from the User Content, in any media now known or later developed, for the following purposes:

  • Operating, providing, improving, and promoting the Services;
  • Sharing the User Content with Businesses associated with the User Content for purposes of approval, modification, or response;
  • Marketing and promoting Whir, the Services, and Whir's product offerings (including in advertising materials, on social media, and in press materials);
  • Compliance with legal obligations;
  • Any other purpose consistent with these Terms.

This license survives termination of your Account, but Whir will, where reasonable and on your request, anonymize User Content after Account deletion as described in Section 9.4.

9.3 Sublicensing to Businesses

You acknowledge and agree that, in connection with the Deal and Event submission workflow described in Section 6, Whir may sublicense your User Content to the Business associated with that User Content for purposes of review, approval, modification, and ongoing management of the related Deal or Event.

9.4 Account Deletion and Anonymization

If you delete your Account:

  • Your Account will be deactivated and removed from active databases;
  • Deals, Events, and other public Content you have submitted will remain on the Services, but your username and other identifying information will be anonymized (displayed as "anonymous user" or similar);
  • Whir may retain certain data as required for legal compliance, fraud prevention, dispute resolution, audit, or as otherwise permitted by our Privacy Policy.

If you wish to receive a copy of the User Content you have submitted before deleting your Account, you may request a data export by emailing contact@getwhir.com or by submitting a data subject access request prior to deletion.

9.5 Moral Rights Waiver

To the extent permitted by applicable law, you waive any "moral rights" or similar rights you may have in your User Content, and you agree not to assert such rights against Whir or its sublicensees. Where waiver is not permitted, you grant Whir and its sublicensees the broadest possible permission to exercise rights inconsistent with such moral rights.

9.6 Business Content

If you submit Content as a Verified Business Account (including Business logos, descriptions, photographs, or Deal and Event terms authored by the Business), the same license terms in Sections 9.2, 9.3, and 9.5 apply. You represent and warrant that you have all rights necessary to grant this license, including with respect to any third-party content (such as licensed photography or trademarks) included in your submissions.

9.7 Whir Intellectual Property

The Services, including all software, design, text, graphics, trademarks, service marks, logos, and other content not provided by Users (collectively, "Whir Property"), are the property of Whir Inc. or its licensors and are protected by U.S. and international intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for their intended purpose, subject to these Terms. No other rights in Whir Property are granted, by implication or otherwise.

9.8 Feedback

If you provide us with suggestions, ideas, feedback, or other input regarding the Services ("Feedback"), you grant us a perpetual, irrevocable, royalty-free, worldwide license to use the Feedback for any purpose without compensation or attribution to you.

10. COMPENSATION DISCLOSURES (FTC)

10.1 Whir Does Not Compensate Users for Submissions

As of the effective date of these Terms, Whir does not compensate Users for submitting Deals or Events. Section 11 describes future compensation programs Whir may introduce.

10.2 Third-Party Compensation Permitted, Disclosure Required

Users may receive compensation, gifts, free products or services, or other consideration from Businesses or third parties in exchange for submitting Deals, Events, or other Content. Whir does not prohibit such relationships.

However, the U.S. Federal Trade Commission's Endorsement Guides (16 C.F.R. Part 255) require that "material connections" between an endorser and the endorsed brand be clearly and conspicuously disclosed. If you have a material connection to a Business whose Deal or Event you are submitting — including but not limited to being an employee, owner, family member, paid promoter, affiliate, or having received free products or services in exchange for the submission — you must disclose that connection at the time of submission, using the disclosure mechanism provided in the submission flow.

10.3 Failure to Disclose

You are solely responsible for compliance with applicable disclosure laws. Failure to disclose a material connection may result in:

  • Removal of the affected Deal, Event, or Content;
  • Suspension or termination of your Account;
  • Liability to you under applicable law (including potentially to the FTC or state consumer protection agencies).

You acknowledge that any compensation arrangement you have with a Business or third party is between you and that party, and Whir is not responsible for disputes, taxes, or other consequences arising from those arrangements. You are solely responsible for any tax reporting obligations associated with compensation you receive.

10.4 Whir Reserves the Right to Require Public Disclosure

Whir may, at its discretion, require that disclosed material connections be displayed publicly with the relevant Deal or Event (for example, "Submitted by an employee of [Business]" or "Sponsored submission"). You consent to such display.

11. FUTURE COMPENSATION, REWARDS, AND GAMIFICATION

11.1 Reservation of Rights

Whir reserves the right to introduce, at any time and at our sole discretion, programs that compensate Users — in cash, credits, points, badges, status, or other forms — for Content generation activity on the Services. Such compensation, if any, will be tied to platform engagement and content generation generally, not to any individual Business's Deals.

11.2 No Current Obligation; Not Retroactive

The introduction of any future compensation, rewards, or gamification program does not create any retroactive entitlement for past submissions. Users have no claim to compensation, rewards, or recognition for any submission made before such a program's official launch and applicability date. Each program will be governed by its own program-specific terms and conditions.

11.3 Sweepstakes and Contests

Any future contests, sweepstakes, drawings, or similar promotions Whir conducts will be governed by separate official rules made available at the time of the promotion. Such rules will include, where required, alternative methods of entry, eligibility restrictions, prize details, and other disclosures required under applicable state and federal law.

11.4 Modification or Discontinuation

Whir may modify, suspend, or discontinue any compensation, rewards, or gamification program at any time, with or without notice, in our sole discretion.

12. CAMERA AND ON-DEVICE TEXT RECOGNITION

12.1 How the Camera Feature Works

The App offers an optional feature ("SmartVision") that allows you to capture an image of a menu, deal sign, or similar source using your device's camera (or to select an existing image from your device's photo library) and to extract text from that image to assist in completing a Deal or Event submission.

12.2 On-Device Processing

All image processing for SmartVision occurs entirely on your device. No image, image data, or biometric information is transmitted to Whir's servers, to any third party, or to any external processing service. Specifically:

  • Text recognition is performed using on-device machine-learning libraries that run locally on your device's hardware;
  • Whir does not receive, store, or have access to the image you capture or select;
  • Only the recognized text — that is, the alphanumeric text extracted from the image, after your review and submission — is transmitted to Whir as part of your Deal or Event submission.

12.3 Image Storage on Your Device

When you capture or select an image for SmartVision processing, the image is temporarily written to your device's local app cache to enable processing. Following completion of text recognition and submission of the resulting Deal or Event, the App deletes the image from its cache. Notwithstanding the foregoing, copies of the image may continue to exist in:

  • Your device's general photo library, if you elected to save the original image there independently of the App;
  • Your device's operating-system-level cache, which is managed by your device manufacturer and outside Whir's control;
  • Backups of your device taken by you or by a third-party service.

12.4 What You Submit Is Your Responsibility

You are solely responsible for the content of any image you process through SmartVision and for the accuracy of the text that is recognized and submitted. Optical character recognition is not perfect, and you are responsible for reviewing the recognized text before submission and correcting any errors. Whir is not responsible for inaccuracies introduced by the text-recognition process.

12.5 No Facial Recognition or Biometric Identification

SmartVision performs text recognition only. Whir does not perform facial recognition, biometric identification, or any other person-identifying analysis on images you process through SmartVision. You agree not to use SmartVision to capture images of people for the purpose of identification or surveillance.

12.6 Permissions

Use of SmartVision requires your express permission to access your device's camera and/or photo library. You may revoke this permission at any time in your device's settings, in which case SmartVision will be unavailable but you may continue to submit Deals and Events manually.

13. PAID BUSINESS SUBSCRIPTIONS

13.1 Free and Paid Tiers

Verified Business Accounts may access basic features at no cost. Certain advanced features — including, without limitation, enhanced analytics — require a paid subscription ("Paid Subscription"). Whir reserves the right, at any time and at our sole discretion, to add, remove, or move features between free and paid tiers, and to introduce new paid tiers.

13.2 Subscription Terms

Paid Subscriptions are offered on monthly or annual billing cadences, as selected by the Business at the time of subscription. By initiating a Paid Subscription, you authorize Whir (through our payment processor, Stripe, Inc.) to charge the payment method you provide for the applicable subscription fee.

13.3 Auto-Renewal

Paid Subscriptions automatically renew at the end of each billing period for an additional period of the same length, at the then-current rate, unless you cancel before the end of the current period. You authorize Whir to charge your payment method for renewal fees.

For annual Paid Subscriptions, we will provide an email reminder of upcoming renewal at least 15 days before the renewal date, in compliance with applicable auto-renewal laws (including the California Automatic Renewal Law).

13.4 Cancellation

You may cancel a Paid Subscription at any time through the business portal at business.whir.community. Cancellation takes effect at the end of the then-current billing period. Your access to paid features continues until the end of the period you have already paid for.

13.5 Refunds

  • Monthly Paid Subscriptions: Non-refundable. No refunds are issued for partial months. You retain access to paid features through the end of the billing period you paid for.
  • Annual Paid Subscriptions: Refundable within 14 days of initial purchase or upgrade. After 14 days, annual Paid Subscriptions are non-refundable, except (a) where required by applicable law, or (b) on a pro-rated basis if Whir terminates the Service or materially reduces the functionality of the Paid Subscription tier.

Refunds, where granted, are issued to the original payment method through our payment processor.

13.6 Failed Payments

If a renewal payment fails, Whir will retry the payment in accordance with our payment processor's standard retry behavior. If payment is not successfully completed within a reasonable retry window:

  • Access to paid features may be suspended;
  • Account data is preserved for a period during which you may update your payment method and restore access;
  • Following continued non-payment, the Account may be downgraded to the free tier and access to paid features ended.

13.7 Price Changes

Whir may change subscription prices at any time. Price changes for existing subscribers take effect on the next billing cycle following at least 30 days' prior notice (delivered by email or through the business portal). Continuing your subscription after the new price takes effect constitutes acceptance of the new price.

13.8 Taxes

Subscription fees are exclusive of applicable taxes. You are responsible for any sales, use, value-added, or similar taxes imposed in connection with your Paid Subscription, except taxes based on Whir's net income.

13.9 No Reliance on Specific Features

Paid features may be modified, removed, or replaced at Whir's discretion. Continued availability of any specific feature is not guaranteed, and you should not subscribe in reliance on any single feature beyond what is currently provided.

14. WHIR'S DISCRETION AND MODERATION

14.1 Sole Discretion

Whir retains, at all times and at its sole and absolute discretion, the right to:

  • Approve or deny any submission, Account registration, or Business verification request, without providing any reason or explanation;
  • Modify any submission before publication (including for typos, formatting, clarity, or quality);
  • Remove any Content from the Services at any time, with or without reason or notice;
  • Suspend, restrict, or terminate any Account, with or without prior warning, and without explanation;
  • Remove or delete Unclaimed Business Listings, including in response to Entity Removal Requests;
  • Audit any Content for accuracy, validity, or compliance;
  • Take any combination of, or none of, the actions listed in Section 6.8 in response to identified inaccuracies or violations.

14.2 No Warning Required

Whir is not required to issue warnings, notices, or graduated enforcement before suspending or terminating an Account or removing Content. Severe or repeated violations may result in immediate, permanent termination.

14.3 Non-Discrimination

Whir does not discriminate in its moderation or enforcement decisions on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, disability, age, veteran status, or any other characteristic protected by applicable law.

14.4 Appeals

While Whir is not required to entertain appeals of any decision, Users who believe a moderation or enforcement decision was made in error may contact us at contact@getwhir.com. We may, at our sole discretion, review the decision. We are not obligated to reverse any decision or to respond to appeals on any particular timeline.

14.5 No Affirmative Duty to Moderate

The fact that Whir has the right to moderate Content does not create any duty or obligation for Whir to do so. We are not the publisher of User Content, and we are not responsible for monitoring all Content on the Services. Whir relies on the protections of Section 230 of the Communications Decency Act and similar laws to the fullest extent permitted.

15. DMCA NOTICE AND COUNTER-NOTICE PROCEDURE

Whir respects the intellectual property of others and complies with the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"). The following procedures govern claims of copyright infringement on the Services.

15.1 Notice of Alleged Infringement

If you believe that any Content on the Services infringes your copyright, you may submit a written notice to our designated DMCA agent. To be effective, your notice must include all of the following information required under 17 U.S.C. § 512(c)(3):

  1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
  2. Identification of the copyrighted work claimed to have been infringed;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity, with sufficient detail to permit us to locate the material (including, where possible, the URL or in-app location);
  4. Information reasonably sufficient to permit us to contact you (address, telephone number, and email address);
  5. A statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law;
  6. A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.

15.2 Designated DMCA Agent

DMCA notices should be directed to our designated agent:

Blake Richard Coffee, DMCA Agent Whir Inc. 3760 Mercier St Kansas City, MO 64111 Email: dmca@getwhir.com

15.3 Counter-Notice

If your Content has been removed pursuant to a DMCA notice and you believe the removal was the result of mistake or misidentification, you may submit a counter-notice that includes:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed and the location at which the material appeared before it was removed;
  3. A statement, under penalty of perjury, that you have a good-faith belief that the material was removed as a result of mistake or misidentification;
  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal court in your judicial district (or, if outside the U.S., in the Northern District of California), and that you will accept service of process from the person who submitted the original notice.

15.4 Repeat Infringers

In accordance with the DMCA and other applicable laws, Whir has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, the Accounts of Users who are determined to be repeat infringers.

15.5 Misrepresentations

Submitting a false DMCA notice or counter-notice may result in liability under 17 U.S.C. § 512(f). Please ensure that your submission is accurate and made in good faith.

16. TRADEMARK COMPLAINTS

If you believe that any Content on the Services infringes your trademark rights, please contact us at contact@getwhir.com with the following information:

  1. The trademark you claim is being infringed, including registration information (if applicable);
  2. Your relationship to the trademark (owner, licensee, authorized agent);
  3. Identification of the allegedly infringing Content and its location on the Services;
  4. The basis for your claim of infringement (for example, likelihood of consumer confusion, false endorsement, or dilution);
  5. Your contact information (name, address, telephone, email);
  6. A statement, under penalty of perjury, that the information in your complaint is accurate and that you are authorized to act on behalf of the trademark owner.

We review trademark complaints and take appropriate action at our sole discretion. We may, at our discretion, remove allegedly infringing Content, restrict access, or take other action. We are not obligated to take any specific action in response to a trademark complaint.

17. DISCLAIMERS AND WARRANTIES

17.1 As-Is Provision

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WHIR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
  • WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
  • WARRANTIES THAT ANY CONTENT OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, COMPLETE, RELIABLE, OR CURRENT;
  • WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

17.2 No Warranty as to Deals, Events, or Businesses

WHIR DOES NOT GUARANTEE, REPRESENT, OR WARRANT:

  • The accuracy, completeness, or current validity of any Deal, Event, or Business listing;
  • That any Business will honor any Deal or Event listed on the Services;
  • That any Business or User you encounter through the Services is who they claim to be;
  • That any User-submitted Content has been verified by the Business it concerns.

Disputes regarding Deals, Events, Business conduct, or other transactions arising from Content on the Services are between the relevant Users and Businesses; Whir is not a party to and assumes no responsibility for such disputes.

17.3 Service Modification and Availability

Whir reserves the right to modify, suspend, or discontinue any aspect of the Services, including specific features, at any time and without liability. We do not guarantee that the Services or any feature will continue to be available.

17.4 No Reliance

You acknowledge and agree that you use the Services and any Content obtained through the Services at your own risk. You should not rely solely on Content from the Services for any decision and should consult qualified professionals (legal, financial, medical, or otherwise) for advice tailored to your specific situation.

17.5 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties. To the extent such exclusions are not permitted, the warranties in this Section apply to the maximum extent allowed.

18. LIMITATION OF LIABILITY

18.1 Exclusion of Certain Damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WHIR AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:

  • LOST PROFITS, LOST REVENUE, OR LOST DATA;
  • BUSINESS INTERRUPTION;
  • LOSS OF GOODWILL;
  • COST OF SUBSTITUTE GOODS OR SERVICES;
  • PERSONAL INJURY OR EMOTIONAL DISTRESS,

ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE SERVICES, REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, STATUTE, OR OTHERWISE) AND EVEN IF WHIR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

18.2 Cap on Direct Damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WHIR'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES WILL NOT EXCEED THE GREATER OF:

  • (A) ONE HUNDRED U.S. DOLLARS ($100); OR
  • (B) THE TOTAL AMOUNTS YOU HAVE PAID TO WHIR IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

18.3 No Liability for Third-Party Conduct

Whir is not liable for the acts or omissions of Users, Businesses, or other third parties, including in connection with Content submitted to the Services, Deals or Events advertised on the Services, RSVPs, or any interactions between Users and Businesses.

18.4 Essential Basis of Bargain

You acknowledge that the limitations in this Section are an essential basis of the bargain between you and Whir, that Whir would not be able to provide the Services on an economically reasonable basis without these limitations, and that the limitations apply even if any limited remedy fails of its essential purpose.

18.5 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain damages. To the extent such limitations are not enforceable, the limits in this Section apply to the maximum extent allowed.

19. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Whir Inc. and its officers, directors, employees, agents, affiliates, contractors, and licensors (the "Indemnified Parties") from and against any and all claims, demands, actions, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

  • Your access to or use of the Services;
  • Your Content, including any User Content you submit;
  • Your violation of these Terms or any policy referenced in these Terms;
  • Your violation of any applicable law or regulation;
  • Your violation of any third-party right, including any intellectual property right, right of publicity, or privacy right;
  • Any dispute between you and another User, a Business, or any other third party arising from your use of the Services;
  • Your failure to disclose a material connection in accordance with Section 10.

Whir reserves 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. You may not settle any claim without Whir's prior written consent. This indemnification obligation survives termination of these Terms and your use of the Services.

20. TERM AND TERMINATION

20.1 Term

These Terms remain in effect for as long as you access or use the Services, or until terminated as described in this Section.

20.2 Termination by You

You may terminate your Account at any time by following the instructions provided in the App or business portal, or by contacting us at contact@getwhir.com. Termination will take effect after Whir has processed your request.

20.3 Termination by Whir

We may terminate or suspend your Account or your access to all or part of the Services at any time, with or without cause and with or without notice, including for:

  • Violation of these Terms;
  • Conduct that we, in our sole discretion, determine to be harmful to other Users, Businesses, Whir, or third parties;
  • Inactivity (the duration of which is determined at our sole discretion);
  • Compliance with law, court order, or governmental request;
  • Discontinuation of the Services in whole or in part;
  • Any other reason we determine appropriate.

20.4 Effect of Termination

Upon termination of your Account:

  • Your right to access the Services ends immediately;
  • Your Account and Account information will be deactivated and may be deleted, subject to Section 9.4;
  • User Content you have submitted may remain on the Services as described in Section 9.4 (anonymized);
  • Whir may retain certain information as required by applicable law or as permitted by our Privacy Policy;
  • Any outstanding payment obligations remain owing.

20.5 Survival

The following Sections survive termination of these Terms: 9 (Content and Intellectual Property), 10 (Compensation Disclosures), 17 (Disclaimers and Warranties), 18 (Limitation of Liability), 19 (Indemnification), 20.4 (Effect of Termination), 20.5 (Survival), 22 (Dispute Resolution and Arbitration), 24 (General Provisions), and any other provisions that by their nature should survive.

21. CHANGES TO THESE TERMS

21.1 Right to Modify

Whir reserves the right to modify these Terms at any time. The most current version will be posted on the Services with an updated "Last Updated" date.

21.2 Material vs. Non-Material Changes

We distinguish between material and non-material changes:

  • Material Changes are those that meaningfully alter your rights, obligations, or risk under these Terms — including, without limitation, changes to dispute resolution, content licensing, fees, indemnification, liability limits, or data practices. For Material Changes, we will provide at least 30 days' advance notice by email to your registered address and/or by prominent in-Service notice (such as an in-app banner or splash screen) before the changes take effect.
  • Non-Material Changes include clarifications, formatting changes, typo corrections, contact-information updates, and other changes that do not meaningfully alter your rights or obligations. Non-Material Changes are effective immediately upon posting, with the "Last Updated" date refreshed.

21.3 Continued Use Constitutes Acceptance

Your continued access to or use of the Services after the effective date of any change constitutes your acceptance of the revised Terms.

21.4 Disagreement with Changes

If you do not agree to a Material Change, your sole remedy is to terminate your Account before the change's effective date, in accordance with Section 20.2.

22. DISPUTE RESOLUTION AND ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND PROVIDES THAT MOST DISPUTES BETWEEN YOU AND WHIR WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT.

22.1 Governing Law

These Terms and any dispute arising from them are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. The federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of the arbitration provisions in this Section.

22.2 Informal Dispute Resolution First

Before initiating arbitration, you agree to first contact us at contact@getwhir.com to attempt to resolve the dispute informally. We agree to attempt in good faith to resolve any dispute with you within 60 days of your written notice. If we cannot resolve the dispute within that period, either party may proceed to arbitration.

22.3 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms, your access to or use of the Services, or any Content on the Services that is not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") in accordance with the AAA's Consumer Arbitration Rules then in effect. The arbitration will be conducted in Kansas City, Missouri, or via video or telephonic hearing, at the parties' agreement. The arbitrator's decision is final and binding and may be entered as a judgment in any court of competent jurisdiction.

YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION CLAUSE, YOU ARE GIVING UP THE RIGHT TO HAVE A DISPUTE RESOLVED BY A JUDGE OR JURY IN A COURT OF LAW.

22.4 Class Action Waiver

YOU AND WHIR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one party's claims or otherwise preside over any form of representative or class proceeding. If this class action waiver is found to be unenforceable, then the entirety of this Section 22 is null and void as to that claim, and the parties' dispute will instead proceed in court (subject to Section 22.7).

22.5 Small Claims Court Carveout

Notwithstanding the foregoing, either party may bring an individual action in small claims court for any claim that qualifies under the jurisdictional limits of the small claims court of the county in which you reside or in which Whir's principal place of business is located. Filing a small claims action does not waive any other rights under these Terms.

22.6 Opt-Out of Arbitration

You may opt out of the arbitration agreement and class action waiver in this Section 22 by sending written notice of your decision to opt out to contact@getwhir.com within 30 days of (a) your initial acceptance of these Terms or (b) the effective date of any Material Change to this Section 22, whichever is later. Your notice must include your name, the email address associated with your Account (if any), and a clear statement that you wish to opt out of the arbitration agreement.

If you opt out, disputes between you and Whir will be resolved in the federal or state courts located in Wilmington, Delaware, and you and Whir each consent to the personal jurisdiction of those courts. Opting out does not waive any other provision of these Terms.

22.7 Exceptions

The following claims are not subject to arbitration: (a) claims for injunctive or other equitable relief regarding the alleged misuse of intellectual property; (b) claims that may be brought only in small claims court under Section 22.5; and (c) any other claim that applicable law prohibits from being subject to mandatory arbitration.

22.8 Survival

This Section 22 survives termination of these Terms.

23. MOBILE APP STORE PROVISIONS

If you obtained the App from the Apple App Store or Google Play Store, the following additional terms apply:

23.1 Apple App Store

  • These Terms are between you and Whir only, not with Apple Inc. ("Apple"). Whir, not Apple, is solely responsible for the App and its content.
  • Apple has no obligation to provide any maintenance or support services for the App.
  • Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the applicable App purchase price (if any). To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the App.
  • Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession or use of the App, including (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights.
  • You represent and warrant that (i) you are not located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country; and (ii) you are not listed 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 of these Terms, Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

23.2 Google Play Store

  • These Terms are between you and Whir only, not with Google LLC ("Google"). Whir, not Google, is solely responsible for the App and its content.
  • Your use of the App must comply with the Google Play Terms of Service.
  • Google is not responsible for the App or any claims relating to it.

23.3 Compliance with Mobile Operating Systems

You agree to comply with all applicable third-party terms when using the App on a mobile device (for example, the terms of your mobile carrier).

24. GENERAL PROVISIONS

24.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms applicable to specific features or programs (such as Paid Subscription terms or contest rules), constitute the entire agreement between you and Whir regarding the Services and supersede all prior or contemporaneous understandings, communications, or agreements.

24.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction or arbitrator, that provision will be modified to the minimum extent necessary to make it enforceable, or, if it cannot be so modified, severed from these Terms. The remaining provisions will continue in full force and effect.

24.3 No Waiver

Whir's failure to enforce any provision of these Terms is not a waiver of that provision or any other provision. No waiver is effective unless in writing and signed by Whir.

24.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, without Whir's prior written consent. Whir may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, sale of assets, financing, or similar transaction.

24.5 Force Majeure

Whir is not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, labor disputes, internet or telecommunications failures, pandemics, or shortages of materials.

24.6 No Agency

No agency, partnership, joint venture, employment, or franchise relationship is created by these Terms. Neither party has the authority to bind the other in any respect.

24.7 Notices

Whir may provide notices to you by email (to the address associated with your Account), by posting on the Services, by in-app notification, or by other reasonable means. You may provide notices to Whir by email at contact@getwhir.com or by mail to the address listed in Section 25.

24.8 Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

24.9 Construction

These Terms are not to be construed strictly for or against any party. The parties acknowledge that they have had the opportunity to review and understand these Terms before agreeing.

24.10 Export Controls

You agree to comply with all U.S. and applicable foreign export control laws and regulations. The Services may not be exported, re-exported, or transferred in violation of those laws.

24.11 Government Use

If you are a U.S. government end user, the Services and any documentation are "commercial items" as defined at 48 C.F.R. § 2.101, and your rights are limited to those provided in these Terms.

24.12 Language

These Terms are written in English. If we provide a translation, the English version controls in case of any conflict.

25. CONTACT INFORMATION

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

Whir Inc. 3760 Mercier St Kansas City, MO 64111

General contact: contact@getwhir.com Security concerns and vulnerability reports: security@getwhir.com (see our Responsible Disclosure Program) DMCA notices: dmca@getwhir.com Data and privacy requests: contact@getwhir.com or via our Data Subject Access Request form Privacy Policy: https://getwhir.com/legal/privacy-policy Web: https://getwhir.com