Terms of Service

1. Acceptance of Terms

By accessing or using Whenish (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not access or use the Service. These Terms constitute a legally binding agreement between you and Whenish.

2. Description of Service

Whenish is a scheduling and shared calendar platform that allows users to create, manage, and share events. The Service is available in two tiers:

• Free Plan: Join unlimited events and manage your personal calendar at no cost.
• Premium Plan (£3.99/month): All Free features, plus the ability to create new events and manage events you own.

3. User Accounts

• You must provide accurate, current, and complete information when registering for an account.
• You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
• You must be at least 16 years old to create an account or use the Service.
• You may not create more than one account per person, nor create accounts on behalf of others without their explicit authorisation.
• You must promptly notify us of any unauthorised use of your account at [email protected].

4. Subscriptions and Billing

• Premium subscriptions are billed on a recurring monthly basis from the date of first payment.
• All payments are processed securely by Paddle, our authorised payment processor. By subscribing, you also agree to Paddle's terms of service.
• You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period; no partial refunds are issued for unused time.
• You are entitled to a full refund within 14 days of your first subscription payment if you have not made use of any Premium features, in accordance with your statutory rights under UK consumer law.
• We reserve the right to change subscription pricing. We will provide at least 30 days' notice of any price changes before they take effect.
• Failed payments may result in downgrade to the Free plan until payment is resolved.

5. Acceptable Use

You agree that you will not use the Service to:

• Violate any applicable local, national, or international law or regulation.
• Harass, threaten, abuse, or harm other users or third parties.
• Upload, post, or share content that is offensive, defamatory, obscene, or infringes any third-party rights.
• Attempt to gain unauthorised access to the Service, other accounts, or our infrastructure.
• Use automated tools, bots, or scripts to scrape, overload, or abuse the Service.
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.
• Transmit malware, viruses, or any other malicious or harmful code.
• Engage in any activity that disrupts or interferes with the Service or its underlying systems.

We reserve the right to remove content and suspend accounts that violate this section, without prior notice.

6. User Content

• You retain ownership of all content you create or submit through the Service, including event details, comments, and profile information ("User Content").
• By submitting User Content, you grant Whenish a non-exclusive, royalty-free, worldwide licence to store, process, display, and transmit that content solely to the extent necessary to provide the Service to you and other authorised users.
• You represent and warrant that your User Content does not infringe any third-party intellectual property rights and complies with these Terms.
• We do not endorse and are not responsible for any User Content submitted by you or other users.

7. Intellectual Property

The Service, including its design, source code, logos, trademarks, and all associated intellectual property, is owned by or licenced to Whenish and is protected by applicable intellectual property laws. You may not copy, modify, distribute, sell, or exploit any part of the Service without our prior written consent. Nothing in these Terms grants you any right, title, or interest in the Service beyond the limited right to use it in accordance with these Terms.

8. Privacy

Your use of the Service is subject to our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of your information as described in the Privacy Policy.

9. Service Availability, Backups, and Changes

• We may create confidential backup copies of Service data for business continuity, disaster recovery, security investigation, and fraud prevention. Those backups are stored with reasonable technical and organisational safeguards, access is limited to authorised administrators, and they are retained only for our documented backup lifecycle.
• We will endeavour to keep the Service available at all times, but we do not guarantee uninterrupted or error-free access.
• We may modify, suspend, or discontinue any part of the Service at any time. Where reasonably practicable, we will provide advance notice of significant changes.
• Planned maintenance will be communicated in advance where possible.

10. Disclaimers and Limitation of Liability

• The Service is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.
• To the maximum extent permitted by applicable law, Whenish shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of, or inability to use, the Service.
• Our total aggregate liability to you in connection with the Service shall not exceed the total fees paid by you to Whenish in the 12 months immediately preceding the event giving rise to the claim.
• Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded or limited under applicable law.

11. Termination

• You may delete your account at any time through your account settings. Upon deletion, your data will be handled in accordance with our Privacy Policy.
• We may suspend or terminate your account immediately, without notice, if you breach these Terms or if we reasonably believe your account poses a risk to the Service or other users.
• Deletion requests and account closures do not immediately remove information from every backup copy. Residual data may remain in secure backup archives until the relevant retention period expires or the archive is safely overwritten or deleted in the ordinary backup cycle.
• Upon termination for any reason, your right to access and use the Service ceases immediately. Sections of these Terms that by their nature should survive termination (including Sections 6, 7, 10, and 12) will do so.

12. Changes to These Terms

We may revise these Terms from time to time. We will notify you of any material changes by email and/or by posting a prominent notice within the Service at least 14 days before the changes take effect. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Service and delete your account.

13. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes arising from or relating to these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts of England and Wales, except where mandatory consumer protection laws of your country of residence apply additional protections.

14. Contact

If you have any questions or concerns about these Terms, please contact us at: [email protected]