Skip to main content

Terms of Service

The agreement covering accounts, subscriptions, credits, refunds, user content, and the rules for uploading images of children.

Last updated:

WhimKid is operated by SylwairTech LLC. The service is available at whimkid.com. These Terms of Service ("Terms") govern your use of WhimKid. By creating an account or using the service, you agree to these Terms. If you do not agree, please do not use WhimKid.

1. Who may use WhimKid

WhimKid is a tool for adults. You must be at least the age of majority in your jurisdiction to create an account. You may use WhimKid to create stories for children in your care, but children may not hold accounts themselves.

You are responsible for keeping your login credentials secure and for everything that happens under your account.

2. Children's images and likeness rights

WhimKid lets you upload a photograph of a person to use as a character reference. When you upload an image of a child, you confirm that:

  • you are that child's parent or legal guardian, or you have their parent's or guardian's permission;
  • you have the right to use the image for this purpose; and
  • you will not use the generated result to depict that child in a misleading, defamatory, or harmful way.

You must not upload images of children you do not have the right to use. We may remove content and suspend accounts that breach this section. How we handle this data is described in our Privacy Policy.

3. Credits and subscriptions

Credits. Creating stories, illustrations, narration, and edits consumes credits. New accounts may receive welcome credits, which expire after the period stated when they are granted. Subscription plans grant credits on each billing cycle. Credits have no cash value, are not transferable, and do not roll over unless a plan explicitly says they do. Unused credits are not refundable in cash.

Subscriptions. Paid plans are subscriptions that renew automatically at the interval you selected (monthly or annually) until you cancel. By subscribing you authorise us and our payment provider to charge your payment method at each renewal.

Price changes. We may change prices. We will give you notice before a price change takes effect, and it will apply from your next billing cycle. If you do not agree, you can cancel before that date.

Cancelling. You can cancel at any time from your billing settings. Cancelling stops future renewals; it does not retroactively refund the current period. You keep access and remaining credits until the end of the period you already paid for.

Downgrades. When you downgrade, the change takes effect at the start of your next billing cycle.

4. Payments and refunds

Payments are processed by our payment provider. We do not receive or store your full card number.

If a charge is not what you expected, contact support@whimkid.com and we will review it with you. We may also issue a refund as a goodwill gesture. Where the law in your jurisdiction gives you a statutory right of withdrawal or a right to a remedy, nothing in these Terms limits that right, and we will honour it.

5. Your content and generated output

What you upload stays yours. You keep all rights to the text, images, and other material you upload. You grant us a worldwide, non-exclusive, royalty-free licence to store, process, transmit, and display your content solely to operate and improve the service and to produce the output you request.

Generated output. Subject to these Terms and to the terms of the AI service providers involved, you may use the text and illustrations WhimKid generates for you, including commercially.

Your responsibility. You are responsible for the content you upload and for how you use the output. Do not upload material you do not have the right to use, and do not use WhimKid to create unlawful, defamatory, or harmful content.

Our content. The WhimKid name, interface, site design, and our own documentation remain ours and are protected by copyright and trademark law.

6. Sharing and exports

Sharing links can be protected with a password and an expiry date, and revoked at any time. Anyone who has a link and any password can view the shared book, so treat those as you would any shared secret. Exports (PDF, images, audio, subtitles) are generated for you to keep and use.

7. Acceptable use

You agree not to:

  • use WhimKid in breach of any applicable law or regulation;
  • upload images of people, and in particular children, without the right to do so;
  • generate content that is unlawful, sexual, hateful, harassing, or harmful to a child or any other person;
  • attempt to gain unauthorised access to our systems, or to another user's account or content;
  • interfere with the service, including by excessive automated requests, scraping in breach of these Terms, or distributing malware;
  • resell or redistribute the service itself.

We may remove content or suspend accounts that breach this section.

8. Availability and changes to the service

WhimKid is provided "as is" and "as available". We do not warrant that it will be uninterrupted, secure, or error-free, or that AI-generated output will be accurate or fit for a particular purpose. We may add, change, or remove features. Features marked as beta or experimental may change or be withdrawn.

AI output is variable by nature. Generated text and illustrations may contain mistakes and should be reviewed before you rely on them or share them, especially with children.

9. Termination

You may stop using WhimKid and cancel your subscription at any time. We may suspend or terminate your account if you materially breach these Terms, if we are required to by law, or if we discontinue the service. Where we discontinue the service, we will give reasonable notice so you can export your books.

10. Limitation of liability

To the maximum extent permitted by law, we are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, data, or goodwill, arising from your use of or inability to use the service. To the same extent, our total liability for any claim relating to the service is limited to the amount you paid us in the twelve months before the claim arose.

Nothing in these Terms excludes liability that cannot lawfully be excluded.

11. Governing law

These Terms are governed by the laws of the jurisdiction in which SylwairTech LLC is organized, and disputes will be subject to the courts of that jurisdiction. Nothing in this section prevents you from bringing a claim before a court that the mandatory law of your own country of residence gives you the right to use.

12. Changes to these Terms

We may update these Terms. When we do, we will post the new version on this page and update the date above; for material changes we will give notice by email or in the app. Continuing to use WhimKid after a change means you accept the updated Terms.

13. Contact

Email support@whimkid.com, or use our contact form.