the app licence

Accepting this licence

By installing, downloading, or using the whimsee app, you accept this licence. If you don’t accept it, please don’t install or use the app, and remove it from your device. If you are under 18, please only use whimsee in the supervised ways described in our privacy notice and safeguarding policy.

Your licence

We grant you a personal, non-exclusive, non-transferable, revocable, non-commercial licence to install and use one copy of the app on a device you own or control, for your own wandering, subject to this licence, the store’s own rules (Apple’s or Google’s), the terms of service, and the law. Set up one app account per person.

This is a licence, not a sale. We, and the people whose glimmers and artwork live inside the app, keep all intellectual property rights. You get to use the app; you don’t own it.

What you must not do

Please don’t:

• Reverse engineer, decompile, or disassemble the app, or try to derive its source code, except so far as the law lets you (including the interoperability exception in section 50B of the Copyright, Designs and Patents Act 1988, where its conditions are met and you have asked us first).
• Scrape, harvest, or use bots or automated means to reach the app or the glimmers and spots within it.
• Fake or spoof the position checks. Whimsee is about actually wandering to a place, and the location check is the game. Faking your location to reveal a glimmer you didn’t walk to breaks it for everyone.
• Copy, resell, rent, lease, sublicense, or redistribute the app or your access to it.
• Remove or alter any notices, credits, or marks in the app.
• Use the app to break the law, infringe anyone’s rights, or harm the service.

The offline cache

So you can hunt where there is no signal, the app caches nearby glimmer content on your device, an offline bundle. That cached content is licensed to you for your own personal wander only. It stays the property of the creator who left it (and of whimsee, for our own material), so caching it on your phone gives you no rights in it. It must not be copied out, republished, or shared, and it is ephemeral: it fades and is cleared as the app’s data expires, syncs, or is removed, in keeping with the whole “little glimmers, everywhere, then gone” spirit.

Precise location is used on your device to power the hunt, and is never stored by us as precise coordinates. See the privacy notice.

Updates, remote flags, and early software

The app improves often. You agree that:

• Updates may install automatically, both over-the-air updates and store updates. Some are needed to keep the app working or safe.
• Features can appear and disappear. Parts of the app sit behind remote feature flags, so we can switch a feature on or off, or roll it out gradually, without a new download.
• Whimsee is early software. It may be rough, change, or break, and we may change, suspend, or withdraw the app at any time.

Apple App Store terms

These apply when you get the app through Apple. Where they and the rest of this licence differ, these govern for the App Store version:

• This licence is between you and whimsee only, not Apple. Whimsee, not Apple, is solely responsible for the app and its content.
• Apple has no obligation to provide any maintenance or support for the app.
• Apple is not responsible for any product warranties, express or implied. Any claim that the app fails to meet a warranty is whimsee’s responsibility, so far as that cannot be disclaimed, and Apple will, if required, refund the purchase price (the app is free), with no further obligation.
• Apple is not responsible for addressing any claims you or a third party make about the app, including product-liability claims, claims that it fails to meet a legal or regulatory requirement, and consumer-protection or privacy claims.
• Apple is not responsible for investigating, defending, settling, or discharging any third-party claim that the app infringes intellectual property; that is whimsee’s responsibility.
• You confirm you are not located in a country subject to a U.S. Government embargo (or designated “terrorist-supporting”), and are not on any U.S. Government restricted or prohibited-party list.
• Apple and its subsidiaries are third-party beneficiaries of this licence, and Apple has the right to enforce it against you as such.
• You must comply with any applicable third-party terms (for example your wireless data plan) when using the app.

Google Play acknowledgement

When you get the app through Google Play, Google is not a party to this licence and is not responsible for the app. Your download and use are also subject to the Google Play Terms of Service and Google’s policies. This licence is between you and whimsee alone.

Wandering safely

Whimsee sends you into the real world, and you go at your own judgement. Watch where you are going, respect other people, private land, wildlife, tides, weather and the countryside code, and don’t wander anywhere unsafe or where you are not allowed. Don’t use the app while driving, cycling, or doing anything that needs your attention. Nothing here reduces your own responsibility for staying safe outdoors.

Warranties and liability

The app is provided as is and as available, without warranties beyond those the law requires. We don’t promise it will be uninterrupted, error-free, or always available. Nothing in this licence limits or excludes our liability where the law forbids it. In particular, we do not exclude or limit liability for:

• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation; or
• any liability that cannot be excluded under UK law.

Your statutory consumer rights are unaffected. As the app is digital content supplied to a consumer, the Consumer Rights Act 2015 gives you rights that it be of satisfactory quality, fit for purpose, and as described, and those rights stand alongside this licence. Subject to all of the above, and to the extent the law allows, we are not liable for indirect or unforeseeable loss, and our total liability is limited to £100, matching the terms of service.

Term and termination

This licence runs while the app is installed. It ends automatically if you uninstall the app or stop using it. We may suspend or end your licence if you breach it or the terms of service, or if we withdraw the app or discontinue it. On termination, your right to use the app stops and you should remove it and any offline cache. The parts that by their nature should continue, including intellectual property, restrictions, the Apple and Google terms, safety, liability, and governing law, survive.

Governing law

This licence is governed by the law of England and Wales, and disputes fall to its courts. If you are a consumer living elsewhere in the UK or in the EEA, you keep the mandatory protections of your home country’s law, and can bring proceedings there where the law gives you that right.

Contact

Whimsee is run by Whimsee Ltd, company no. 17353256, registered in England and Wales. For anything about this licence or the app, write to hello@whimsee.co.uk.