Terms of Service (ToS)

Whips Technologies Inc. – Terms of Service ​ Last Updated: July 8, 2025 ​ Welcome to Whips®. ​ These Terms of Service ("Terms") govern your access to and use of all services provided by Whips Technologies Inc. ("Whips," "Company," "we," "us," or "our"), including our websites, mobile applications (the “App”), APIs, communication systems (including SMS/MMS), and related services (collectively, the “Services”). By accessing or using any part of our Services, you agree to be bound by these Terms and our [Privacy Policy](https://www.whipstechnologies.com/privacy-policy). If you do not agree to these Terms, please do not use the Services.  1. WHO WE ARE ​ Whips Technologies Inc. is a Delaware-incorporated company with its registered office at 8 The Green, STE A, Dover, DE 19901. We are headquartered in California and operate a platform that connects car buyers with dealers and service providers using innovative swiping functionality and proprietary technologies. ​ 2. ELIGIBILITY ​ You must be at least 18 years old (or the age of majority in your jurisdiction) to use our Services. By using the Services, you represent and warrant that: * You are legally able to enter into binding agreements; * All information you provide is true and accurate; * You will use the Services in compliance with applicable laws.  3. ACCOUNT REGISTRATION To access certain features, you may need to create an account. You agree to: * Provide accurate and current information; * Keep your login credentials confidential; * Immediately notify us of any unauthorized access. We reserve the right to suspend or terminate your account at our discretion. ​ 4. COMMUNICATIONS CONSENT (SMS/MMS, EMAIL, NOTIFICATIONS) By creating an account or using the Services, you consent to receive: * SMS/MMS messages for account verification, one-time passwords (OTP), marketing, service alerts, and updates; * Emails and push notifications relating to the Services, including marketing communications if you opt-in. You can opt out of marketing messages by clicking “unsubscribe” in the message or by replying “STOP” to SMS messages. After opting out, you may still receive service-related communications. For help, reply “HELP” to any SMS or contact us at privacy@whipstechnologies.com. ​ **Standard message and data rates may apply. Carriers are not liable for delayed or undelivered messages.** ​ 5. PRIVACY & DATA USE We respect your privacy. Please review our [Privacy Policy](https://www.whipstechnologies.com/privacy-policy) to understand how we collect, use, share, and protect your personal data in accordance with the California Consumer Privacy Act (CCPA/CPRA). Whips **does not sell your personal information** to third parties. Your data may be shared with dealers **only when you express interest**, and you control whether and how dealers contact you. 6. USER CONTENT You retain ownership of any content you submit to the Services (e.g., reviews, images, messages), but you grant Whips a non-exclusive, royalty-free license to use, display, and distribute your content in connection with providing the Services. You are solely responsible for the content you submit and represent that you have all necessary rights to do so. 7. USE OF SERVICES You agree not to: * Use the Services for unlawful, harmful, or fraudulent purposes; * Scrape, copy, or extract data from the platform without permission; * Upload or transmit malware or harmful code; * Reverse-engineer or tamper with our software; * Impersonate any person or misrepresent your affiliation. 8. THIRD-PARTY CONTENT AND DEALINGS Our platform may include content, listings, and offers from third-party providers such as dealers, insurers, and lenders. Whips does not: * Guarantee the accuracy or completeness of any third-party content; * Endorse or warrant third-party goods or services. Your interactions with third parties are solely between you and them. 9. FEEDBACK If you send or transmit any communications or materials to Whips Technologies, Inc. by mail, email, telephone, or otherwise, suggesting or recommending changes to the Whips platform or services, including without limitation, new features or functionality, or any comments, questions, suggestions, or the like (“Feedback”), Whips Technologies may use such Feedback for any purpose without obligation, restriction, or condition, and without any requirement for payment or other consideration. You agree that such Feedback is not confidential and that Whips Technologies is free to use, disclose, reproduce, modify, license, or otherwise exploit the Feedback without limitation. 10. INTELLECTUAL PROPERTY All content and software on the Services are owned or licensed by Whips Technollgies Inc. This includes logos, text, graphics, and trademarks including “Whips®” "Smarter Car Shopping"™, and “Swipe a Whip™.” You may not use our intellectual property without prior written consent. 11. LIMITED LICENSE We grant you a limited, non-transferable license to use our Services for personal, non-commercial purposes. You may not: * Copy, modify, or distribute our content; * Re-sell any portion of the Services; * Access the Services for competitive analysis. 12. DISCLAIMERS The Services are provided **"AS IS"** and **"AS AVAILABLE"** without warranties of any kind. We do not guarantee: * Uninterrupted or error-free operation; * Compatibility with your device or network; * That any data or content is accurate or complete. You use the Services at your own risk. 13. LIMITATION OF LIABILITY To the fullest extent permitted by law, Whips Technologies Inc. and its affiliates shall **not be liable** for any indirect, incidental, special, or consequential damages including: * Loss of data or profits; * Unauthorized access to your information; * Issues caused by third-party services or users. Our total liability to you is limited to $100 USD. 14. INDEMNIFICATION You agree to indemnify, defend, and hold harmless Whips Technologies Inc., its officers, directors, employees, and partners from any claims, liabilities, or expenses arising from: * Your use of the Services; * Your violation of these Terms; * Your infringement of third-party rights. 15. TERMINATION We may suspend or terminate your access at any time without notice if we believe you have violated these Terms. Termination does not affect any rights or obligations that accrued before termination. 16. CHANGES TO TERMS We may update these Terms from time to time. Changes will be posted on our website or in the App. Continued use of the Services after updates means you accept the revised Terms. 17. GOVERNING LAW & JURISDICTION These Terms are governed by the laws of the **State of California**. Any legal disputes must be resolved exclusively in **Los Angeles County, California**, and you waive any right to a jury trial or class action. 18. MISCELLANEOUS * These Terms are the entire agreement between you and Whips. * If any part is found unenforceable, the rest remains valid. * Our failure to enforce any right is not a waiver. * You may not assign these Terms without our consent. 19. CONTACT US For questions or legal concerns, please contact: Whips Technologies Inc. 8 The Green STE A Dover, DE 19901 Email: legal@whipstechnologies.com