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Terms of service

Last updated Sept 12, 2025

Welcome to Applet. These Terms of Service (“Terms”) are entered into by and between you as an individual or you on behalf of the entity you represent (“you”) and Whimsical, Inc., a Delaware corporation (“Applet”, “we”, “us”, or “our”), which owns and operates the applet.dev and other associated domains (collectively, the “Websites”) and all content, services, applications, and products available at or through the Websites, including the Applet Tool (defined below), any other AI-assisted prototyping tools, and any related APIs provided by Applet (collectively, our “Services”). Our Services are offered subject to your acceptance without modification of these Terms and any documents expressly incorporated by reference, including but not limited to the Privacy Policy and Data Processing Addendum).

If these Terms are considered an offer by Applet, acceptance is expressly limited to these Terms. These Terms apply to all individual visitors, users, and others who wish to access or use the Services. By accessing or using any part of our Services, you agree to become bound by these Terms; if you do not agree to be bound by these Terms, you may not access or use any of our Services.

Applet’s Services

Through the Services, Applet offers an AI-assisted software development prototyping tool at applet.dev (the “Applet Tool”). The prompts, images, drawings, attachments, or other information that you provide to the Applet Tool are the “Input”. The output generated by the Applet Tool based on the Input, including the underlying code, is the “Output”. Together, the Input and Output are referred to as “Content” and “Content” encompasses User Content, Organization Content, and Public Content, each of which is defined herein. Our Services utilize data models trained by machine learning, which are referred to herein as “AI Systems”.

You must provide Applet an email address to register to use the Services. If you are accessing or using the Services on behalf of an organization, business, or other legal entity (each an “Organization”) and you use an email address provided by such Organization to create your account, then ownership of Content created, stored, or transmitted through such Organization account is owned by such Organization. If you want to retain personal ownership of your Content, register for Applet using your personal email address.

License to Use Our Services

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable license, with no right to sublicense, to use our Services and to download, view, copy, display, and otherwise use your Content created through permitted use of the Services. This license includes the right to use our Services for both personal and commercial purposes, subject to your subscription plan and these Terms.

Intellectual Property Rights

Applet’s Rights

All rights, title and interest in and to the Services (including the Applet Tool) and any improved, updated, modified, or additional parts thereof, shall at all times remain the property of Applet or its licensors. Applet and its licensors exclusively own all right, title, and interest in and to the Service, including all associated intellectual property rights. The name “Applet”, the Websites’ domain names, the Applet logo, and all other trademarks, service marks, graphics and logos used in connection with Applet and/or our Services, are trademarks or registered trademarks of Applet or Applet’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Applet or third-party trademarks. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services Nothing herein shall give or be deemed to give you any right, title, or interest in or to the same except as expressly provided in these Terms. Applet reserves all rights not expressly granted herein.

Clear Distinction of Rights

Your Rights in Content

As between you and Applet, and to the extent permitted by applicable law, you own your Content and Applet hereby assigns to you any of Applet’s rights, if any, in the Content. You grant Applet a license to use Content as necessary to provide the Services, publish and display Content within the Services, to provide support for and improve the Services, to enforce Applet’s policies, prevent fraud, comply with applicable law, and maintain the safety and security of the Services. Due to the nature of the Services, the Output may not be unique, and the Services may provide the same or similar Output to other users. Our assignment above does not extend to other users’ Output or third party’s rights. You will need to make your own determination regarding the legality of any Output, intellectual property rights you may have in Output, and its commercial usability, taking into account, among other things, your usage scenario(s) and the laws of the relevant jurisdiction. User Content that you post publicly through the Services, including Output, comments, code, or contributions to other users’ content, may be viewed and copied by others.

Input Rights

You are solely responsible for your Input. You must not submit any Input that (a) includes trademarks or other materials protected by third party intellectual property rights, unless have you sufficient rights in such materials; (b) is intended to generate Output that is substantially similar to a third party’s copyrighted work or is otherwise protected by third party intellectual property rights, unless you have sufficient rights in such work; (c) contains personal information unless you comply with all data protection and privacy laws and regulations applicable to the personal information, including providing privacy notices and obtaining consent, where required; (d) violates appliable law; or (e) violates these Terms. We may automatically block your Input, in our sole discretion, if we believe it violates the rights of a third party, applicable law, or the Terms.

Input may not include any sensitive or special data that imposes specific data security or data protection obligations on Applet in addition to or different from those specified in any documentation or which are not provided as part of the Services. Applet does not require and does not request any sensitive or special data to provide the Services. Customer understands and agrees that Applet does not differentiate between different types of data sensitivity when processing Inputs and applies the same security measures to all Inputs.

Output Rights

Provided you have all rights in your Input as set forth in the prior section, you may use Output as follows: Subject to the foregoing, you may:

Summary of Rights

For the avoidance of doubt, please note the following about our Services:

Data Usage, Training, and Learning

We may collect and process data from your use of the Services (including User Content and Organization Content) to improve our Services, provide support, and enhance user experience. Our Privacy Policy contains additional information about data collection and processing.

We may use such data to:

Data Retention and Management – Please see our Privacy Policy for data retention and management practices.

Our Commitment to Responsible Data Usage – We are committed to responsible data usage practices that balance Services improvement with user privacy and trust. This includes:

For complete details about data collection, processing, and your privacy rights, please refer to our Privacy Policy.

Your Applet Account

Account Creation

To use our Services, you’ll need to create an account, either via Applet or through a third-party service using single sign-on functionality. In the latter case, personal information you provide to that third party (such as your name, email address, and other information) will be provided to Applet through the third party service in accordance with your privacy settings on that third party service. We will use the personal information provided by the third party service to create your Applet account. You agree to provide us with complete and accurate information when you register for an account. You will not share your account credentials. You must use a unique identity to access and use the Services and may access the Services only to the extent purchased by you.

You may attach a single email address to your Applet account. You are responsible for maintaining the security of your account and your password, and you are fully responsible for all activities that occur under the account, whether or not you authorized that activity and whether such activities are caused by you or a third party that you permit to access or use the Services. You must immediately notify Applet of any unauthorized uses of your account, or any other breaches of security. Applet will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. You agree that all information you provide to register for our Services or otherwise, including, but not limited to, through the use of any interactive features on our Websites, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Organization Accounts

If you are accessing or using the Services on behalf of an organization, business, or other legal entity (each an “Organization”) and you use an email address provided by such Organization to create your account, then ownership of Content created, stored, or transmitted through such Organization account is owned by such Organization. If you want to retain personal ownership of your Content, do not register for an Applet account with your Organization email address.

Permissions

Our Services contain customizable settings that allow you to give permission to other users to perform various tasks within the Services (“Permissions”). It is your sole responsibility to set and manage all Permissions. Accordingly, Applet will have no responsibility for managing Permissions and no liability for the Permissions you set. You represent and warrant that you are fully responsible for any breach of these Terms and fully responsible for all payment obligations incurred through your account and/or as a result of any Permissions granted.

Workspaces

Within the Services, Content is submitted, posted, created, and/or modified by users within a collaboration space called a “Workspace”. Each Workspace has a designated “Administrator” who is assigned the right to add and remove user access to such Workspace and to otherwise exercise rights granted to Administrators pursuant to these Terms, including but not limited to changes to Permissions. The initial Administrator for any Workspace is the Applet account that created the Workspace.

There are two general types of Workspaces on the Services:

If you create Personal Workspaces using your personal email address, the Content in such Personal Workspace is User Content that belongs to you and is not shared with any other users unless you explicitly adjust the Permissions. If you invite other users to your Personal Workspace, any Content uploaded by such users will be User Content and not Organization Content, and Applet may use the User Content to train the Services as set forth in the “Data Usage, Training, and Learning” section above.

If you create Organization Workspaces using your Organization email address, the Content in such Organization Workspace is Organization Content that belongs to the Organization and the Organization may request access to the Organization Content in such Workspace; provided, however that Organizations are granted access to Organization Workspaces and Organization Content solely pursuant to such Organization’s current subscription terms.

Interacting with Organization Workspaces

If you create Workspaces with an Organization Email, the Organization that provisioned your Organization Email may (i) view information about any Workspace you create or for which you are an Administrator; (ii) access a list of Workspace users and view all Content posted in such Workspace; and (iii) manage your Workspace, including to claim control and ownership of such Workspace and the Content therein.

If you join an Organization Workspace (whether using your personal or Organization email address, such Organization Workspace is subject to the Organization’s control and you agree that any Content created in such Organization Workspace will be shared with the Organization and may be accessed, modified, or deleted by the Organization Workspace owner or Administrator. If you join an Organization Workspace, your use must comply with that Organization’s policies and any agreement that you may have with that Organization. Organization Administrator(s) may be able to access, disclose, restrict, or remove Content in or from the Organization Workspace, adjust Permissions, and/or restrict or terminate your access to the Organization Workspace.

You may convert an existing Personal Workspace into an Organization Workspace by (i) adding Users with an Organization email as Administrators to such Workspace, or (ii) if such Personal Workspace was created using an Organization email address, failing to change your Organization email address to a Personal address upon notification from Applet that an Organization has claimed such Workspace since it is tied to an Organization email address. If you convert an existing Personal Workspace into an Organization Workspace or transfer or share Content with an Organization Workspace, the Administrator(s) of such Organization Workspace may prevent you from later disassociating Content from the Organization Workspace and/or may remove you from such Workspace entirely.

An Organization may (i) invite you to access and contribute to its Organization Workspace; and/or (ii) invite you to join the Services as a user under its account. As stated in the “Content” section of these Terms, if you submit or post Content to an Organization Workspace, such Content is Organization Content, and as between you, Applet, and such Organization, the Organization may claim such Organization Content and then own all rights to such Organization Content. For the avoidance of doubt, the foregoing does not prevent you from entering into a separate agreement between you and the Organization that addresses ownership of Content as between you and such Organization.

If you created an Applet account on behalf of an Organization, the Organization is the account owner and not you individually. Organizations are authorized to add and remove users from Organization Workspaces and to modify and re-assign roles within the Organization Workspace (including your role). If the Organization elects to replace you as the Administrator with ultimate authority for the Organization Workspace, you agree to take any actions reasonably requested by us or the Organization to facilitate the transfer of authority to a new Administrator of the Organization.

If you are accessing an Organization Workspace, you acknowledge that the Services as used by you under such circumstances are a workplace tool intended for use by businesses and Organizations and not for consumer purposes. To the maximum extent permitted by law, you hereby acknowledge and agree that consumer laws do not apply in connection with such use of an Organization Workspace and/or your access to the Services through an Organization Email.

Content

Content made available in a Workspace can be categorized in two ways:

As an Applet user, you are solely responsible for the development, content, operation, maintenance, and use of your Content. You acknowledge that due to the nature of machine learning and the technology powering Applet, Output may not be unique and Applet may generate the same or similar Output for you as for other users.

Content Ownership and Rights

We do not claim any ownership rights in your Content. As between you and Applet, you retain any of your rights to your Content. We do not use, share, or access Content in ways other than those described in these Terms, our Privacy Policy, and/or to comply with applicable law and other legal requirements.

You are solely responsible for your Content and indicate that you own or have the necessary rights to all of the Inputs in your Content, and that use of resulting Content does not infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation, and that the Content complies with these Terms.

Organization Content

An Organization may claim all Organization Content, which includes any Content you post to an Organization Workspace and any Content you create using an Organization email address. An Organization may claim Organization Content created and/or posted by you by subscribing to the Services at the appropriate subscription level. You will receive prior written notice regarding the claiming of your Content as follows:

Sharing Content

To the extent permitted within the Services, you may be able to designate your User Content as “public” by setting the Permissions accordingly. If you post your User Content publicly, such User Content becomes non-confidential and non-proprietary (“Public Content”). You agree that User Content you designate as public will be accessible by and be available to other users of the Services to whom you grant access to such Public Content and such users may, depending on the Permissions you grant, have the ability to use, publish, display, modify, or duplicate such User Content. You grant Applet all rights necessary to make any of your Public Content available to other users of the Services and to permit those users to engage in the activities described in this section with respect to your Public Content.

Removal of Content

You can remove Content by deleting it. However, in certain instances, some of Content may not be completely removed (for example, when your data is shared with someone else, including in an Organization Workspace). We are not responsible or liable for the removal or deletion of any of Content, or the failure to remove or delete such Content.

Minimum Age

Our Services are not directed to children. Access to and use of our Services is only for those over the age of 16. If you are younger than 16, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 16 years of age or older. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at [email protected].

Acceptable Use

You are solely responsible for any Content and other material that you submit, publish, transmit, or display on, through, or with our Services. In addition, you agree to provide notices and obtain any consents, if necessary, related to your use of the Services, including those related to the collection, use, processing, transfer, and disclosure of personal information contained in your Content. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and ownership of all of your Content. Applet does not claim any ownership rights in and to any Content, data, or other material that you submit, publish, transmit, display on, through or with our Services. Your use of the Services and all of your Content must comply with all applicable federal, state, local, and international laws and regulations, as well as the restrictions set by both Applet and the AI Systems providers.

Applet Content Restrictions

Without limiting the foregoing, your Content will not:

Prohibited Uses

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

Additionally, you agree not to:

High-Risk Activities

The Services are not fault-tolerant and are not developed or intended for use—including evaluation or trial use—in hazardous environments requiring fail-safe performance, including without limitation in the operation of nuclear facilities, aircraft navigation or control systems, air traffic control, direct life support machines or weapons systems, or any other application in which the failure of the Services could lead to death, personal injury, or severe physical or environmental damages (collectively, “High Risk Activities”). Applet specifically excludes any express or implied warranty of fitness for High Risk Activities and the Services may not be used for High Risk Activities.

Further, the Service may not be used for any activities that would be categorized as “Prohibited” or “High Risk” under the European Union Artificial Intelligent Act and Applet specifically excludes any express or implied warranty of fitness for such activities.

AI Systems Providers Content Restrictions

Our AI Systems are provided by various third parties and usage of our Services is also governed by the terms of use, codes of conduct, and policies of our AI Systems providers. The current list of the AI Systems providers integrated into our Services is as follows:

Your use of the Services must comply with, and not violate, any of the policies of such AI Systems providers and by using our Services, you agree to such AI Systems policies.

Responsibility of Users

Applet has not reviewed, and cannot review, all of the Content (including Inputs, Outputs, User Content, Organization Content, and Public Content) posted on or through the Services and/or hosted on Applet, including computer software and applications created through use of the Services. We cannot undertake to review Content and cannot ensure prompt removal of objectionable material after it has been posted. Applet is not responsible for Content, its use, or effect. By operating the Services, Applet does not represent or imply that it endorses any Content, or that it believes such Content to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive Content. Our Services may contain Content that is offensive, indecent, or otherwise objectionable, as well as Content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain Content that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Applet disclaims any and all responsibility for any harm resulting from the use by visitors or users of our Services, or from any downloading by those visitors or users of Content contained thereon.

Monitoring, Enforcement, and Termination

We reserve the right to modify or discontinue, temporarily or permanently, all or any portion of the Services without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any portion of the Services. We also reserve the right, in our sole discretion, to reject, refuse to post, or remove any material that you post or submit for posting through the Services (including all Content), and to restrict, suspend, or terminate your access to our Services at any time, for any reason (including, but not limited to, Applet’s sole determination that you violated any provision of these Terms), or for no reason, with or without prior notice, and without liability. Upon termination for any reason or no reason, you continue to be bound by these Terms.

Furthermore, we reserve the right to:

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 Services. YOU WAIVE AND HOLD HARMLESS APPLET AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

As stated above in “Responsibility of Users”, we cannot undertake to review Content 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.

The Services may be provided for a fee or other charge, including optional one-time purchases within the Services. If you elect to use paid aspects of the Services, you agree to the pricing and payment terms available on the Websites and/or within the Services, which Applet may update from time to time. Applet may add new services and features for additional fees and charges, or amend fees and charges for existing Services, at any time and in its sole discretion. Any changes in fees or charges shall become effective in the billing cycle following notice of such change to you as provided in these Terms. Applet may lock your account for non-payment at any time. In addition to the amount due for the Services, delinquent accounts or chargebacks will be charged with fees or charges that are incidental to the collection of delinquent accounts or chargebacks including, but not limited to, collection fees or convenience fees or any other third parties’ charges. You agree Applet may contact you by electronic mail at the address provided by you to Applet with respect to any delinquent accounts.

All information provided by you to Applet in connection with a purchase or transaction or other monetary interaction with the Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with the purchase or transaction related to the Services at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to such purchases or transactions. Applet does not provide refunds and all payments are final and non-refundable. If you have unused capacity, such unused capacity will not rollover to any subsequent usage period.

Beta Services

This Section describes the additional terms and conditions under which you may access and use certain features, technologies, and services made available to you by Applet that are not yet generally available, including, but not limited to, any products, services, or features designated or labeled as “alpha”, “beta”, “early access”, “preview”, “pilot”, or similar designation (each, a “Beta Service”). You must comply with all terms related to any Beta Service that Applet posts on its Websites or provides to you. Applet may add or modify terms, including lowering or raising any usage limits, related to access to or use of any Beta Service at any time. You may provide Applet with feedback relating to the Beta Services. Applet will own and may use and evaluate all feedback for its own purposes. Applet may suspend or terminate your access to or use of any Beta Service at any time. Your access to and use of any Beta Service will automatically terminate upon the release of a generally available version of the applicable Beta Service or upon notice of termination by Applet. WITHOUT LIMITING ANY DISCLAIMERS IN THESE TERMS, BETA SERVICES ARE NOT READY FOR GENERAL COMMERCIAL RELEASE, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, APPLET PROVIDES BETA SERVICES “AS IS.” APPLET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE REGARDING BETA SERVICES, INCLUDING ANY WARRANTY THAT THE BETA SERVICES WILL BECOME GENERALLY AVAILABLE. EXCEPT TO THE EXTENT PROHIBITED BY LAW, APPLET DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites, applications, tools, and/or webpages to which the Websites may link. Applet does not have any control over those non-Applet websites and is not responsible for their contents or their use. By linking to a non-Applet website, Applet does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Applet disclaims any responsibility for any harm resulting from your use of non-Applet websites.

As Applet asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Websites, the Services, and/or any Workspace violates your copyright, you are encouraged to notify Applet ([email protected]) in accordance with Digital Millennium Copyright Act of 1998 (the “DMCA”). Applet will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Applet will terminate a visitor’s access to and use of the Services if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Applet or others. In the case of such termination, Applet will have no obligation to provide a refund of any amounts previously paid to Applet.

In order to submit a DMCA notice, please provide all of the following in writing:

Third Party Services

We may offer to you the ability to access, or the Services may be integrated or interact with, third party applications, links, websites, and services (“Third Party Services”) to make the Services available to you. These Third Party Services may have their own terms and conditions of use and privacy policies. Your use of these Third Party Services will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that we do not endorse and are not responsible or liable for the behavior, features, or content of any Third Party Services or for any transaction you may enter into with the provider of any such Third Party Services, nor does Applet warrant the compatibility or continuing compatibility of the Third Party Services with the Services.

Termination

Applet may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, you may do so at any time through your account settings. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE WEBSITES, SERVICES, WORKSPACES, AND ALL CONTENT IS ENTIRELY AT YOUR OWN RISK. THE WEBSITES, SERVICES, WORKSPACES, AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY GUARANTEES. TO THE FULLEST EXTENT PERMITTED BY LAW, APPLET AND ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANY, SUPPLIERS AND LICENSORS EXPLICITLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. APPLET MAKE NO GUARANTEES REGARDING THE ACCURACY, RELIABILITY, OR USEFULNESS OF THE WEBSITES, SERVICES, WORKSPACES, AND ANY CONTENT THEREON, AND YOUR USE OF THESE IS ENTIRELY AT YOUR OWN RISK.

ANY CONTENT, MATERIALS, OR CODE YOU DOWNLOAD OR ACCESS THROUGH OUR WEBSITES, WORKSPACES, AND/OR SERVICES IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY SYSTEM DAMAGE OR DATA LOSS THAT MAY RESULT. YOU SHOULD NOT RELAY ON FACTUAL ASSERTIONS IN ANY CONTENT AND SHOULD INDEPENDENTLY FACT CHECK THE ACCURACY OF ALL CONTENT. CONTENT THAT APPEARS ACCURATE BECAUSE OF ITS DETAIL OF SPECIFICITY MAY STILL CONTAIN MATERIAL INACCURACIES. APPLET MAY NOT BE ABLE TO DYNAMICALLY RETRIEVE INFORMATION, AND CONTENT MAY NOT ACCOUNT FOR EVENTS OR CHANGES TO UNDERLYING FACTS OCCURRING AFTER THE AI SYSTEMS UNDERLYING THE SERVICES WAS TRAINED. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY US OR THROUGH OUR WEBSITES, WORKSPACES, AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. CERTAIN JURISDICTIONS MAY PROHIBIT SUCH WARRANTY DISCLAIMERS, SO SOME OR ALL OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

Jurisdiction and Applicable Law

Except to the extent applicable law, if any, provides otherwise, these Terms and any access to or use of our Services will be governed by the laws of the state of Delaware, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Denver County, Colorado.

LIMITATION OF LIABILITY

APPLET, ALONG WITH ITS AFFILIATES, AGENTS, OFFICERS, EMPLOYEES, SUPPLIERS AND LICENSORS, SHALL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, DATA, USE, OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF SUCH POSSIBILITY), ARISING FROM YOUR USE OF OR INABILITY TO USE OUR WEBSITES, SERVICES, OR CONTENT. UNDER NO CIRCUMSTANCES WILL APPLET BE HELD RESPONSIBLE FOR ANY DAMAGES OR LOSSES RESULTING FROM UNAUTHORIZED ACCESS, SECURITY BREACHES, OR INTERFERENCE WITH OUR WEBSITES, SERVICES, CONTENT, OR YOUR ACCOUNT.

TO THE MAXIMUM EXTENT ALLOWED BY LAW, APPLET ACCEPTS NO LIABILITY OR RESPONSIBILITY FOR:

THIS LIST IS NOT EXHAUSTIVE, AND APPLET’S LIMITATION OF LIABILITY EXTENDS TO ALL POSSIBLE ISSUES, WHETHER LISTED HERE OR NOT, ARISING FROM THE USE OF OUR WEBSITES, SERVICES, WORKSPACES, AND CONTENT.

IN NO EVENT SHALL OUR TOTAL LIABILITY, AND THAT OF OUR AFFILIATES, AGENTS, OFFICERS, EMPLOYEES, SUPPLIERS AND LICENSORS, ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITES, SERVICES, WORKSPACES, AND/OR CONTENT (INCLUDING WARRANTY CLAIMS), REGARDLESS OF THE TYPE OF CLAIM OR LEGAL THEORY, EXCEED THE AMOUNT YOU HAVE PAID TO APPLET FOR THE SERVICES IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE CLAIM. IF YOU RESIDE IN CALIFORNIA, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE. SOME JURISDICTIONS DO NOT PERMIT LIABILITY LIMITATIONS FOR CERTAIN DAMAGES, SO THESE LIMITATIONS MAY NOT FULLY APPLY TO YOU.

General Representation and Warranty

You represent and warrant that your use of our Services: (a) will be in strict accordance with these Terms; (b) will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from the United States or the country in which you reside, privacy, and data protection); (c) will not infringe or misappropriate the intellectual property rights of any third party; and (d) will comply with any laws and regulations concerning the use or development of artificial intelligence, generative artificial intelligence, Inputs, Outputs, and Content.

Sanctions

You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable sanctions or export control laws. Such use is prohibited, and Applet reserves the right to terminate accounts or access of those in the event of a breach of this condition. The Services are operated from the United States. Applet makes no representations that the Services are appropriate for or available in other locations. You must comply with all applicable trade laws, including sanctions and export control laws. Neither the Services nor the Output may be used in or for the benefit of, or exported or re-exported to (a) any U.S. embargoed country or territory or (b) any individual or entity with whom trade dealings are prohibited or restricted under applicable trade laws. The Services may not be used for any end use prohibited by applicable trade laws, and your Input may not include material or information that requires a government license for release or export.

Indemnification

You agree to indemnify and hold harmless Applet, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of these Terms.

Changes

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms that were in place when the dispute arose.

Miscellaneous

These Terms constitute the entire agreement between Applet and you concerning the subject matter hereof. We may modify any part of these Terms by posting a revised version at https://applet.dev/terms. The revised version will become effective and binding the next business day after it is posted. If you do not agree with a modification to these Terms, you should cease use of the Services immediately.

If any part of these Terms is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

You may assign your rights under these Terms to any party that consents to, and agrees to be bound by, its terms and conditions; Applet may assign its rights under these Terms without condition. These Terms will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Your Comments and Concerns

The Services are operated by Whimsical, Inc., 1630 Welton Street, 7th Floor, Denver, Colorado 80202, USA. All notices of copyright infringement claims should be sent to [email protected]. All other feedback, comments, requests for technical support, and other communications relating to our Websites, the Services, and these Terms should be directed to [email protected].