Terms of Service

Last updated: September 1, 2026

1.1
By downloading, installing, accessing, or using WhimCut, you agree to these Terms of Service.
1.2
You must be at least 13 years old, and have the ability to enter into a binding agreement under the laws of your country, to use WhimCut.
1.3
If you do not agree to these Terms, please do not download, install, or use WhimCut.
1.4
These Terms apply to the WhimCut macOS application and related services provided through whimcut.com.
2.1
WhimCut is an independent software project operated by an individual developer.
2.2
In these Terms, "WhimCut," "we," "us," and "our" refer to the operator of the WhimCut software and website.
2.3
WhimCut is a macOS application designed to help you capture, collect, organize, and create with visual content on your Mac.
2.4
WhimCut is provided in two versions:
(a)
Free Version — available without payment and subject to the usage limits described in the app or on our website; and
(b)
Full Version — available through a one-time purchase and subject to the license terms below.
2.5
Features, limits, and pricing may change over time. Any applicable limits and features will be presented to you before you use or purchase the relevant version.
3.1
Free Version. We grant you a limited, personal, non-exclusive, non-transferable license to use the Free Version of WhimCut on your own compatible Mac, subject to these Terms.
3.2
The Free Version may include usage limits or other restrictions. These limits are part of the Free Version and may change from time to time.
3.3
Full Version. When you purchase the Full Version, we grant you a perpetual, personal, non-exclusive, non-transferable license to use the Full Version of WhimCut, subject to these Terms and the applicable device activation limits.
3.4
"Perpetual" means that the license does not expire simply because time has passed. It does not mean that we guarantee that WhimCut, its servers, license verification services, or future updates will be available forever.
3.5
Your license is for your personal use and may not be sold, transferred, sublicensed, or redistributed to another person.
3.6
Device Activation. The Full Version is subject to a limit on the number of devices that may be activated under a single license.
3.7
We may use device information to verify activations and enforce this limit, as described in our Privacy Policy.
3.8
If you replace your Mac or otherwise need to move your license to another device, you may contact us for assistance.
3.9
We may restrict or revoke activations that appear to involve abuse, unauthorized sharing, automated activation attempts, or other violations of these Terms.
4.1
The Full Version is offered as a one-time purchase at the price displayed at checkout.
4.2
The Full Version is not a subscription, and you will not be charged automatically on a recurring basis.
4.3
Payments are processed through Creem, which acts as the Merchant of Record for the transaction.
4.4
The final price, applicable taxes, and other purchase information will be shown during checkout.
4.5
By completing a purchase, you agree to these Terms and any applicable terms presented by Creem during the checkout process.
5.1
We offer a 7-day refund period for purchases of the Full Version.
5.2
If you would like to request a refund, please contact us at whimcut.app@gmail.com within 7 days of your purchase. To help us locate your purchase, we may ask for information such as the email address used for the purchase, order information, or your license or activation code.
5.3
Refunds are processed through Creem, our Merchant of Record. We do not process refunds directly outside of Creem.
5.4
If a refund is approved, Creem will process the refund to the original payment method. Processing times may vary depending on the payment method and financial institution.
5.5
Once a refund has been issued, the associated Full Version license will no longer be valid and may be deactivated.
5.6
Nothing in this section limits any mandatory refund, withdrawal, or cancellation rights you may have under applicable consumer protection laws.
6.1
You may use WhimCut to capture, organize, edit, and create with content that you have the right to use.
6.2
You are responsible for the content you capture, import, save, or create using WhimCut.
6.3
You must not use WhimCut to:
(a)
reverse engineer, decompile, disassemble, or attempt to derive the source code of the software, except where such activity cannot legally be restricted;
(b)
bypass, disable, or circumvent license activation, device limits, usage limits, or other technical protections;
(c)
share, resell, sublicense, rent, lease, or redistribute your license or activation code;
(d)
distribute modified or unauthorized copies of WhimCut;
(e)
use automated systems to repeatedly attempt to guess or validate activation codes;
(f)
use WhimCut in a way that violates applicable laws or infringes the rights of others; or
(g)
use WhimCut to capture or distribute content that you do not have the right to use.
6.4
We reserve the right to take reasonable measures to protect the software, our licensing system, and our users from abuse or unauthorized use.
7.1
WhimCut. WhimCut and its software, source code, compiled code, user interface, visual design, logos, trademarks, website, and other original materials are owned by us or our licensors and are protected by applicable intellectual property laws.
7.2
These Terms do not transfer ownership of WhimCut or any of its intellectual property to you.
7.3
Your purchase of the Full Version gives you a license to use the software; it does not constitute a sale or transfer of ownership of the software itself.
7.4
Your Content. You retain ownership of the images, screenshots, cutouts, collages, moodboards, and other content that you create, import, or use with WhimCut, subject to any rights belonging to third parties.
7.5
WhimCut does not claim ownership of your content.
7.6
You are responsible for ensuring that you have the necessary rights or permissions to use any third-party content you capture, import, or include in your creations.
7.7
As described in our Privacy Policy, your creative content is stored locally on your Mac and is not uploaded to our servers as part of WhimCut's normal operation.
8.1
WhimCut is provided "as is" and "as available."
8.2
To the maximum extent permitted by applicable law, we do not guarantee that:
(a)
WhimCut will always be available or uninterrupted;
(b)
the software will be completely free of bugs or errors;
(c)
every feature will work with every Mac, macOS version, display configuration, or third-party application;
(d)
WhimCut will meet every particular requirement or intended use; or
(e)
every problem or error will be corrected.
8.3
We may update, modify, improve, or discontinue particular features from time to time.
8.4
Nothing in these Terms excludes or limits any warranty or consumer protection right that cannot legally be excluded or limited under applicable law.
9.1
To the maximum extent permitted by applicable law, WhimCut and its operator will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, profits, revenue, business opportunities, or other intangible losses arising from or related to your use of, or inability to use, WhimCut.
9.2
To the maximum extent permitted by applicable law, our total liability arising out of or relating to WhimCut or these Terms will not exceed the amount you paid for the applicable WhimCut license giving rise to the claim.
9.3
For a Full Version purchase, this amount will generally be no more than the purchase price paid for that license.
9.4
Nothing in these Terms limits liability that cannot legally be limited or excluded under applicable law.
10.1
You may stop using WhimCut at any time.
10.2
If you materially violate these Terms, we may suspend or terminate your license to use the Full Version.
10.3
If your license is terminated because of a violation of these Terms, you must stop using the Full Version and may be required to remove or deactivate unauthorized copies or activations.
10.4
A refund of a Full Version purchase will also result in the associated license becoming invalid.
10.5
We may also modify, suspend, or discontinue the WhimCut service or particular online services, including license verification services, when reasonably necessary.
10.6
Where reasonably possible, we will try to provide notice of significant changes that materially affect existing users.
10.7
Termination or discontinuation does not affect rights or obligations that by their nature should continue after termination, including provisions concerning intellectual property, disclaimers, limitation of liability, and applicable law.
11.1
We may update these Terms from time to time.
11.2
If we make material changes, we will update the "Last updated" date at the top of this page and, where appropriate, provide additional notice.
11.3
Your continued use of WhimCut after updated Terms become effective means that you accept the updated Terms.
11.4
If you do not agree to the updated Terms, you should stop using WhimCut.
12.1
These Terms govern your use of the WhimCut software and your license to use it. Because WhimCut is offered to users worldwide, these Terms do not designate a specific governing law.
12.2
Purchases of the Full Version are processed by Creem, our Merchant of Record. Creem's own terms, available at Creem's terms, govern the purchase transaction itself, including billing, refunds processed through Creem, and any related payment disputes.
12.3
If a dispute arises in connection with WhimCut or these Terms, we encourage you to contact us first at whimcut.app@gmail.com so that we can try to resolve the issue informally.
12.4
Nothing in these Terms is intended to limit any rights or protections that cannot be waived under the laws applicable to you as a consumer.
12.5
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.
13.1
If you have questions about these Terms, WhimCut, your license, or a purchase, please contact us at: whimcut.app@gmail.com