Whorl's Terms of Use

Acceptance of the Terms of Use

These terms of use are entered into by and between you and Kinetic Aesthetic, Inc. d/b/a Whorl ("Whorl," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use" or "Terms"), govern your access to and use of our website, Whorl.app, including any content, functionality, and services offered on or through Whorl.app (collectively, the "Service"), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Service. By using the Service or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Service.

This Service is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Service, you represent and warrant that you are of legal age to form a binding contract with Whorl and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Service thereafter.

Your continued use of the Service following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Using Whorl

Whorl's Service is a browser-based generative design tool for creating distinctive visual compositions in motion (each a "Design"). When you use the Service, you'll have access to a variety of content and tools provided by Whorl (the "Licensed Content") to use when generating and exporting Designs. Your use of the Licensed Content and the Designs is subject to the Content License Agreement.

You may also have the option to upload your own text content ("User Content"), which you have full control and responsibility over. You can use Licensed Content, your User Content, and tools available in Whorl to create your Designs.

Accessing the Service and Account Security

We reserve the right to withdraw or amend the Service, and any service or material we provide on the Service, in whole or in part, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Service or the entire Service.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Service.
• Ensuring that all persons who access the Service through your internet connection are aware of these Terms of Use and comply with them.

To access the Service or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Service that all the information you provide on the Service is correct, current, and complete. You agree that all information you provide to register with this Service or otherwise, including, but not limited to, through the use of any interactive features on the Service, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Service or portions of it using your username, password, or other security information.

You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

Except as expressly set out in these Terms, all intellectual property rights in and to the Service and Licensed Content remain the sole property of Whorl and its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You assign to Whorl any suggestions, ideas, enhancement requests, or other feedback you provide to Whorl relating to the Service or Whorl’s products. Whorl owns all content, data, software, inventions, ideas and other technology and intellectual property that it develops in connection with the Service and its products.

Except as expressly permitted under the Content License Agreement, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print one copy of a reasonable number of pages of the Service for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

You shall not:

• Modify copies of any materials from this site except as permitted under the Content License Agreement.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Service in breach of the Terms of Use, your right to use the Service will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by Whorl. Any use of the Service not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

User Content

You represent and warrant that you own all rights, title, and interest in and to your User Content or that you have otherwise secured all necessary rights in your User Content as may be necessary to permit the access, use and distribution thereof as contemplated by these Terms. As between you and Whorl, you own all right, title and interest in and to your User Content. You grant Whorl a perpetual, royalty-free, and sublicensable license to display, host, copy, store and use your User Content to provide the Service to you, including to keep the Service safe and secure, and to enforce our policies and these Terms. These protections apply at all times to protect our community and are an essential part of providing the Service. When you upload User Content to the Service, you’re guaranteeing that you have the rights to it. We never obtain any ownership over your User Content, but we do need you to give us certain rights to store it and use it in your Designs. Additionally, all User Content must comply with the Content Standards set out in these Terms of Use. Any User Content you post to the site will be considered non-confidential and non-proprietary.

Designs

Your Designs may include a combination of User Content and Licensed Content. While you retain ownership of your User Content, any use of the Designs, whether or not they contain User Content, are subject to the applicable terms of the Content License Agreement.

Whorl's Trademarks

Whorl name, the term Whorl, Whorl logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Whorl or its affiliates or licensors. You must not use such marks without the prior written permission of Whorl. All other names, logos, product and service names, designs, and slogans on this Service are the trademarks of their respective owners.

Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Service:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate Whorl, a Whorl employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm Whorl or users of the Service, or expose them to liability.

Additionally, you agree not to:

• Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service.
• Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
• Use any manual process to monitor or copy any of the material on the Service, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Service.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
• Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Service.

Monitoring and Enforcement; Termination

We have the right to:

• Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public, or could create liability for Whorl.
• Disclose your identity or other information about you to any third party who claims that Content uploaded by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.
• Terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service.

However, we cannot review all material before it is posted on the Service and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Content and use of the Services. User Content must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Reliance on Information Posted

The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents.

This Service may include content provided by third parties, including materials provided by other users, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Whorl, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Whorl. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Service

We may update the content on this Service from time to time, but its content is not necessarily complete or up to date. Any of the material on the Service may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Service

All information we collect on this Service is subject to our Privacy Policy. By using the Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Billing

Whorl offers free and paid Services. You can learn more about Whorl’s various subscription offerings here. Pricing may vary by location and will be based on the billing information you provide us at the time of purchase.

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles refunds.

Subscriptions and Renewals

If you are subscribing to a paid plan your subscription will automatically renew each billing cycle, for example, on a monthly or annual basis as applicable.

Taxes

Your subscription fees are inclusive of all taxes unless otherwise specified in an agreement with Whorl, within the Service or on an applicable invoice. Tax rates are calculated based on the billing information you provide and the applicable tax rate at the time of your subscription charge. You represent and warrant that information you provide to Whorl about your billing address will be current and accurate.

Cancellation

You can stop using the Service and/or cancel your subscription at any time via your account settings. If you cancel your subscription, your subscription will be cancelled at the end of your then-current billing cycle and you will not be entitled to a refund of any fees already paid (except where required by law) and any outstanding fees will become immediately due and payable.

Free Trials

Whorl may offer you a free trial to allow you to try our Service. Whorl reserves the right to set eligibility requirements and the duration for free trials. At the end of your free trial, your access to our paid Services will cease if you do not enter into a paid subscription prior to the end of the trial period.

Changes to Pricing

Whorl reserves the right to change its prices and plans at any time. If you’re on a subscription plan and we increase your price, any increase in price will not apply until your next renewal. If you do not wish to pay the increased price, you may cancel your subscription.

All Sales are Final

With the exception of consumers residing in the EU/EEA and UK, unless required by applicable law, all fees or charges paid in connection with these Terms, including, but not limited to, bank or merchant fees and fees for unused subscription periods, are non-refundable. If, however, we choose to issue a refund for any reason in our sole discretion, we will only refund to your original payment method.

Notwithstanding the foregoing paragraph, if you are a consumer residing in the EU/EEA and UK you have the right to withdraw from these Terms for any reason within 14 days of completing a Transaction. If you exercise this right, you will receive a full refund of the relevant Charges you have paid to us, unless during that 14-day period, you started downloading, streaming, using or benefiting from the Product, when during your Transaction you agreed for us to make the Product available for your use before the end of that 14-day period. For purposes of this paragraph:

• “Charges” means any charges payable by you for a Product, including any applicable taxes and any other amounts presented to you through our Service;
• “Product” means the product or service that you are purchasing through our Service, which is made available to the you by Whorl following purchase, including any license keys, activation codes, upgrades, support services and add-ons;
• “Subscription” means a contract for ongoing access to a Product in return for recurring Charges (including any free trial that converts to a paid Subscription);
• “Transaction” means a purchase, Subscription sign-up, renewal or other relevant order relating to a Product made by you using the Services whether in return for Charges or free of charge.

Billing Communications

You agree that Whorl may contact you at any time by email, push notifications, or other method with information relevant to your subscription, billing, and use of the Service.

Linking to the Service and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Service may provide certain features that enable you to:

• Link from your own or certain third-party websites to certain content on this Service.
• Send emails or other communications with certain content, or links to certain content, on this Service.
• Cause limited portions of content on this Service to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features, if we make them available, solely as they are provided by us (if at all), and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Service or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the Service other than the whorl.app or design.whorl.app.
• Otherwise take any action with respect to the materials on this Service that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Service

If the Service contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links, if any. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Service is based in the State of California in the United States. We provide this Service for use only by persons located in the United States. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

Limitation on Liability

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

Indemnification

You agree to defend, indemnify, and hold harmless Whorl, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Service, including, but not limited to, your User Content, any use of the Service’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Service.

Governing Law and Jurisdiction

All matters relating to the Service and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City and County of San Francisco, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

Waiver and Severability

No waiver by Whorl of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Whorl to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, our Privacy Policy, the Content License Agreement, and any other document linked to herein constitute the sole and entire agreement between you and Kinetic Aesthetic, Inc. regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.

Your Comments and Concerns

This website is operated by Kinetic Aesthetic, Inc. All feedback, comments, requests for technical support, and other communications relating to the Service should be directed to: [email protected].