Whimbli, Inc.
Terms of Service
Effective Date: April 25, 2026
Welcome to Whimbli Vendor Systems (the "Service"), operated by Whimbli, Inc. ("Whimbli," "we," "us," or "our"). By creating an account or using the Service, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.
1. Account Registration and Security
- a.You must provide accurate and complete information when creating an account. You are responsible for maintaining the confidentiality of your account credentials.
- b.You must be at least 18 years old to create an account.
- c.You are responsible for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account.
- d.We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe are being used fraudulently.
2. Your Data and Content
- a.Ownership. You retain all rights to the data, content, product information, images, and documents you upload to the Service ("Your Content"). Whimbli does not claim ownership of Your Content.
- b.License Grant. By uploading Your Content, you grant Whimbli a limited, non-exclusive license to store, process, display, and transmit Your Content solely for the purpose of providing the Service to you. This license terminates when you delete Your Content or close your account.
- c.Data Portability. You may export Your Content at any time using the export features available in the Service (PDF, Excel, CSV formats with associated images). We are committed to ensuring your data is never locked in.
- d.AI Processing. The Service uses artificial intelligence to process, extract, and organize Your Content (e.g., catalog extraction from uploaded documents). By using these features, you consent to AI processing of Your Content for the purpose of providing the Service. We may also use anonymized, aggregated data derived from Your Content and usage patterns to improve our AI and machine learning models (e.g., catalog extraction accuracy, shipping predictions, vendor performance intelligence). This aggregated data does not identify you or your specific products. We will never share your identifiable Content or proprietary data with competitors or other users.
- e.Website Enrichment. As part of the Service, Whimbli may use automated tools to collect publicly available information from your company’s website, including product descriptions, images, and pricing, to enrich and pre-populate your catalog (“Website Enrichment”). This process occurs during or after account creation and is designed to reduce the manual effort required to build your catalog. You will have the opportunity to review, edit, and approve all enriched data before it is published or shared. If you do not wish for Whimbli to collect data from your website, you may opt out by contacting us at support@whimbli.com, in which case your catalog will be built solely from content you upload directly.
- f.Data Retention. Upon account deletion, we will remove Your Content from our active systems within 30 days. Backup copies may persist for up to 90 days before being permanently deleted.
3. Intellectual Property
- a.The Service, including all software, designs, text, graphics, and other materials created by Whimbli, is the property of Whimbli, Inc. and is protected by intellectual property laws.
- b.You may not copy, modify, distribute, reverse engineer, or create derivative works of any part of the Service.
- c."Whimbli," "Whimbli Vendor Systems," "Anya," and associated logos are trademarks of Whimbli, Inc. You may not use these marks without our prior written consent.
4. Fees and Payment
Fees for the Service are based on the plan you select at signup or as otherwise communicated to you. We will provide reasonable advance notice of any changes to pricing or fees applicable to your account. Your continued use of the Service after such changes take effect constitutes acceptance of the updated fees. We reserve the right to introduce, modify, or change pricing at any time, subject to the notice requirements above.
5. Termination
- a.You may close your account at any time by contacting us at support@whimbli.com.
- b.We may suspend or terminate your access to the Service at any time, for any reason, with or without notice. This includes, but is not limited to, violation of these Terms or the Acceptable Use Policy.
- c.Upon termination, you will have a reasonable period (at least 30 days) to export Your Content using the Service's export features. After this period, Your Content may be permanently deleted.
6. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Whimbli does not warrant that the Service will be uninterrupted, error-free, or secure. We do not warrant the accuracy, reliability, or completeness of any data processed by the Service, including AI-generated content or extracted catalog data. You are responsible for reviewing all output for accuracy.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WHIMBLI, INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
8. Indemnification
You agree to indemnify, defend, and hold harmless Whimbli, Inc. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses (including reasonable attorney's fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any rights of a third party.
9. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the state or federal courts located in Santa Cruz County, California.
10. Changes to These Terms
We may update these Terms from time to time. When we make material changes, we will notify you by email or through a notice within the Service. Your continued use of the Service after such changes constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service and close your account.
11. Contact
If you have questions about these Terms, please contact us at:
Whimbli, Inc.
Email: support@whimbli.com