Terms of Service

1. What whiff is, and what it is not

whiff places you in a circle of four adults in your city and plans a run of real-world activities for those same four people over roughly twelve weeks. We use what you tell us during onboarding, and what happens at the activities afterward, to decide who belongs in a circle together.

whiff is expressly not:

• a dating, romance, matchmaking, escort, or introduction service for romantic or sexual purposes;
• a background-check or identity-verification provider. We do not run criminal background checks, sex-offender registry checks, or identity verification on members, and you should not assume anyone has been vetted;
• an employer, event organizer, tour operator, guide, or venue. We do not staff, supervise, lead, insure, or control any activity;
• a provider of medical, legal, financial, or mental-health advice.

2. Who may use whiff

You must be 18 years or older and able to form a binding contract. You must not be barred from using the Service under the laws of your country or the United States, and you must not be listed on any U.S. government list of prohibited or restricted parties. You may not use whiff if we have previously removed you.

whiff operates city by city. A seat depends on there being enough people in your city to form a circle, and we do not promise one by any particular date.

3. Your account

You must give accurate information and keep it current. You are responsible for your password and for everything that happens under your account. Tell us at admin@whi-ff.com straight away if you believe someone else has access to it.

One person, one account. Do not create an account for anybody else, share your account, or make a new one to get around a suspension.

4. Subscriptions, free trial, and billing

whiff is a paid service sold as an auto-renewing subscription. When you subscribe through the whiff iOS app, the following applies:

• What you get. A whiff subscription is access to the whole service: placement into a circle, the activities planned for it, and everything whiff learns and does on your behalf while it is active. There are no tiers and no add-ons.
• Price and period. The subscription is $49.99 per month (USD), billed monthly. A full twelve-week circle is three monthly charges. The price shown in the app at the time you subscribe is the price that governs; if it ever differs from the figure here, the in-app price controls.
• Free trial. New subscribers get a 7-day free trial, which includes one real activity. We email you on day 5, before anything is charged. Your first charge is on day 7 unless you cancel before it. The free trial is offered once per person.
• Automatic renewal. Your subscription renews automatically at the then-current price unless you cancel it at least 24 hours before the end of the current period. Payment is charged to your Apple Account at confirmation of purchase, and your account is charged for renewal within 24 hours before the end of the current period.
• How to cancel. You can manage or cancel your subscription at any time in your Apple Account settings: Settings → your name → Subscriptions on your device, or at apps.apple.com/account/subscriptions. Cancelling stops the next charge. It does not refund the period you are already in.
• Cancelling mid-trial. If you cancel during the free trial, you keep access until the trial ends and are not charged. Any unused portion of a free trial is forfeited when you purchase a subscription.
• Access after cancellation. If you cancel a paid subscription, your access continues to the end of the period you have already paid for. We do this deliberately: cutting somebody off in the middle of a circle takes three other people’s evening with it.

Refunds are handled by Apple, not by us. Purchases made through the App Store are subject to Apple’s terms and refund policy. Request a refund at reportaproblem.apple.com. Except where the law requires otherwise, subscription fees are non-refundable and we do not provide partial refunds for unused time.

We may change the price of a subscription. If we do, we will tell you beforehand and the change will apply to the next renewal, never to a period you have already paid for. Continuing after the change takes effect is your acceptance of it; if you do not accept it, cancel before the next renewal.

5. What whiff learns about you, and how

whiff works by forming a view of you. During onboarding you answer questions in your own words, and an automated system, including a third-party large language model, reads those answers and produces a structured profile: interests, traits, a personality type, and other inferences. Your attendance at activities and the feedback you give afterward add to it over time.

That profile is used to make automated decisions about you, most importantly which circle you are placed in, who is placed with you, and what activities are planned. No human reviews each placement. You can see much of what whiff believes about you in the app, and correct it there. Section 5 of our Privacy Policy explains this in detail, including your rights over automated processing.

whiff’s inferences are guesses, not facts about you, and it will be wrong sometimes. Do not treat them as an assessment of your character, health, or suitability for anything outside whiff.

6. Your content

You keep ownership of what you write in whiff: your onboarding answers, feedback, corrections, and messages. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, and process that content solely to operate and improve the Service, including running it through the automated systems described in section 5.

Do not submit content you do not have the right to submit, and do not submit other people’s personal information.

7. Community standards

A circle only works if everybody in it is safe and behaves like an adult. You agree that you will not:

• harass, threaten, stalk, intimidate, defame, or discriminate against another member, on or off the Service;
• treat whiff as a dating or hookup service, or make unwanted romantic or sexual advances toward another member;
• share another member’s name, photo, contact details, location, or anything else they told you in confidence, outside the circle;
• attend an activity while impaired to a degree that endangers anyone, or pressure another member to drink or take anything;
• solicit, recruit, sell to, or promote anything to other members;
• impersonate anyone, misstate your age, or give false information during onboarding to influence who you are placed with;
• break the law, or a venue’s rules, at an activity;
• scrape, reverse-engineer, interfere with, or attempt to gain unauthorised access to the Service, or use it to train a competing model or product.

8. Reporting, blocking, and enforcement

If a member makes you uncomfortable or unsafe, you can report or block them from inside the app, and you can always email us at admin@whi-ff.com. Blocking is permanent unless you lift it, and whiff will never place you in a circle with somebody you have blocked.

We review reports and act on them. Depending on what we find, we may warn a member, remove them from a circle, suspend them, or terminate their account without refund. We may do any of this immediately and without notice where we believe somebody is at risk.

If you are in immediate danger, contact your local emergency services first. We are not an emergency service and cannot intervene in real time.

9. Real-world activities and assumption of risk

Activities happen in the real world, between independent adults, and are not supervised, staffed, insured, or controlled by whiff. We suggest a place and a time. We do not attend, and we are not responsible for what happens there.

We do not verify the identity, background, criminal history, or conduct of any member. Other members are strangers. Treat them the way you would treat any stranger you agreed to meet.

You participate voluntarily and entirely at your own risk. You are responsible for your own safety and your own decisions, including judging each activity for yourself, meeting in public where that is sensible, telling somebody you trust where you are going, arranging your own transport, and following the law and the venue’s rules. Some activities (hiking, climbing, cycling, skating, water sports, and similar) carry inherent risks of serious injury or death. You knowingly assume those risks.

To the fullest extent permitted by law, you release whiff from claims arising out of the conduct of other members, the condition of any venue, or anything that happens at or on the way to or from an activity.

10. Third-party venues, activities, and services

Activities take place at businesses and public places we do not own or control. Their prices, availability, accessibility, safety, and terms are theirs, not ours. Unless we say otherwise in the app, you pay the venue directly and your subscription does not cover the cost of an activity, food, drink, tickets, equipment, or travel.

11. Our intellectual property

The Service, including the whiff name, mascot, software, design, and copy, belongs to us and is protected by intellectual property law. Subject to these Terms we grant you a limited, personal, non-transferable, non-sublicensable, revocable licence to use the whiff app on Apple-branded devices that you own or control, as permitted by the App Store Usage Rules, for your own non-commercial use. That is the whole of what is granted; everything else is reserved.

12. Availability and changes to the Service

whiff is a young product and it changes. We may add, alter, suspend, or discontinue any part of the Service, including cities, activity types, and features. We try to give notice of material changes, but we may act immediately where we need to for security, legal, or safety reasons. We do not promise the Service will be uninterrupted or error-free.

13. Termination

You may stop at any time. Cancel your subscription in your Apple Account settings, and delete your account from inside the app (You → Account → Delete account) or by emailing admin@whi-ff.com. Deleting your account does not by itself cancel your Apple subscription; you must do both.

We may suspend or terminate your account if you breach these Terms, if we are required to by law, or if we reasonably believe it is necessary to protect another member. Sections 6, 9, 11, 14, 15, 16, and 17 survive termination.

14. Disclaimers

The Service is provided “as is” and “as available,” without warranties of any kind, express or implied. To the fullest extent permitted by law we disclaim all implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that you will be placed in a circle, that a circle will form in your city, that you will get along with the people in it, that any friendship will result, or that any member or venue is safe, lawful, or as described. Some jurisdictions do not allow these exclusions, in which case they apply to you only as far as the law allows.

15. Limitation of liability

To the fullest extent permitted by law, whiff and its members, managers, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, or loss of goodwill, arising out of or relating to the Service or these Terms, whether in contract, tort, or any other theory, even if we were advised such damages were possible.

Our total liability for all claims relating to the Service is limited to the greater of (a) the amount you paid us in the twelve months before the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).

Nothing in these Terms excludes liability that cannot lawfully be excluded, including for death or personal injury caused by our negligence, fraud, or fraudulent misrepresentation. Some jurisdictions do not allow limits on incidental or consequential damages, so parts of this section may not apply to you.

16. Dispute resolution, arbitration, and class action waiver

Please read this section carefully. It affects your legal rights.

Talk to us first. Before starting anything formal, email admin@whi-ff.com with a description of the dispute and what you want. We will try to resolve it with you for 60 days. Most things end here.

Binding arbitration. If we cannot resolve it, you and whiff agree that any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration, administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The Federal Arbitration Act governs this section. Arbitration may take place in the county where you live or by video or telephone, at your choice. An arbitrator can award the same individual relief a court could.

You give up the right to a jury trial.

Class action waiver. You and whiff agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, consolidated, or representative proceeding. An arbitrator may not consolidate more than one person’s claims. If this waiver is found unenforceable as to a particular claim, that claim, and only that claim, proceeds in court.

Small claims. Either of us may bring an individual claim in small claims court instead, if it qualifies.

Injunctive relief. Either of us may seek injunctive relief in court to stop infringement or misuse of intellectual property.

How to opt out. You can opt out of this arbitration and class action waiver by emailing admin@whi-ff.com with the subject line “Arbitration Opt-Out” and your name and account email, within 30 days of first accepting these Terms. Opting out costs you nothing and does not affect your use of whiff. If you opt out, the rest of these Terms still applies.

17. Governing law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws rules. Where a dispute is not subject to arbitration, you and whiff agree to the exclusive jurisdiction of the state and federal courts located in Delaware. If you are a consumer resident elsewhere, this does not deprive you of the protection of mandatory consumer laws in your place of residence.

18. The App Store

These terms apply to the whiff app obtained from Apple’s App Store, and are required by Apple:

• This agreement is between you and Whiff LLC only, and not with Apple. Apple is not responsible for the app or its content.
• The licence granted in section 11 is limited to a non-transferable licence to use the app on Apple-branded products you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
• Apple has no obligation to provide maintenance or support for the app. Support is ours: email admin@whi-ff.com.
• To the extent permitted by law, Apple has no warranty obligation for the app. If the app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the app, if any. Apple has no other warranty obligation whatsoever.
• Whiff LLC, not Apple, is responsible for addressing any claim relating to the app, including product liability claims, any claim that the app fails to conform to a legal or regulatory requirement, and claims under consumer protection or privacy law.
• Whiff LLC, not Apple, is responsible for investigating and defending any third-party claim that the app infringes that party’s intellectual property rights.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties.
• You must comply with applicable third-party terms when using the app.
• Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce them against you.
• For questions or complaints about the app, contact Whiff LLC at admin@whi-ff.com.

19. General

If any part of these Terms is unenforceable, the rest stays in force. Our failure to enforce something is not a waiver of it. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets. These Terms, together with the Privacy Policy, are the entire agreement between us about the Service.

20. Changes to these Terms

We may update these Terms. When we make a material change we will revise the date at the top and give you notice in the app or by email before it takes effect. Continuing to use whiff after that means you accept the updated Terms. If you do not, cancel your subscription and delete your account.

21. Contact

Whiff LLC
Email: admin@whi-ff.com