These Terms of Service (“Terms”) govern your access to and use of Screenshot to Code, a service provided by WhimsyWorks, Inc. (“WhimsyWorks,” “we,” “us,” or “our”).
By using the service, you agree to these Terms.
1. The Service
Screenshot to Code allows users to upload screenshots, images, prompts, text, code, designs, files, and other materials and use artificial intelligence to generate code or other output.
We may update, modify, suspend, or discontinue any part of the service at any time.
2. Eligibility and Accounts
You must be at least 18 years old, or the age of majority where you live, to use the service.
You are responsible for your account and for all activity that occurs through your account. You are also responsible for keeping your login credentials secure.
3. User Content
You may submit screenshots, images, prompts, text, code, designs, files, or other materials to the service. We call this material “Input.”
The service may generate code, text, images, designs, or other materials based on your Input. We call this material “Output.”
You are solely responsible for your Input and for how you use any Output.
By submitting Input to the service, you represent and warrant that:
- you own the Input or have all rights, licenses, permissions, and consents necessary to submit it;
- your Input does not violate any law or third-party right;
- your Input does not infringe or misappropriate any copyright, trademark, trade secret, privacy right, publicity right, contractual right, or other right;
- you are legally permitted to use the Input with the service; and
- your use of the service and Output will comply with all applicable laws.
4. Uploaded Screenshots
Screenshots may contain copyrighted material, trademarks, logos, trade dress, designs, personal information, confidential information, or other third-party content.
We do not verify that you have the right to upload or use any screenshot or other Input.
You are solely responsible for ensuring that you have all necessary rights to upload screenshots and other Input to the service.
We are not responsible or liable for any claims, disputes, damages, or losses arising from:
- screenshots or other Input you upload;
- your claimed rights in any Input;
- your use of Input with the service;
- Output generated from your Input; or
- your use of any Output.
If you upload a screenshot, you are representing that you have the legal right to use that screenshot with the service.
5. Ownership
We do not claim ownership of your Input.
As between you and WhimsyWorks, you retain whatever rights you have in your Input.
Subject to your compliance with these Terms, and as between you and WhimsyWorks, you may use Output for personal or commercial purposes.
However, you are responsible for reviewing Output before using it. Output may be inaccurate, incomplete, non-unique, insecure, or similar to content generated for other users or found elsewhere.
We do not guarantee that Output is original, copyrightable, non-infringing, secure, or suitable for your intended use.
6. License to Operate the Service
You grant WhimsyWorks a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, transmit, display, modify, and create derivative works from your Input as needed to:
- provide the service;
- generate Output;
- maintain, secure, and troubleshoot the service;
- improve the service;
- enforce these Terms; and
- comply with applicable law.
This license does not transfer ownership of your Input to WhimsyWorks.
7. Prohibited Uses
You may not use the service to:
- violate any law or regulation;
- infringe, misappropriate, or violate any third-party right;
- upload content you do not have permission to use;
- upload private, confidential, or personal information without authorization;
- generate malware, phishing content, spam, or harmful code;
- impersonate any person or entity;
- interfere with, disrupt, or abuse the service;
- scrape, overload, reverse engineer, or attempt to gain unauthorized access to the service;
- use the service in a way that could harm WhimsyWorks, other users, or third parties.
We may suspend or terminate your access to the service if we believe you have violated these Terms or used the service in a risky, unlawful, or abusive manner.
8. Payments and Credits
You may purchase credits, subscriptions, or paid access to the service.
Unless otherwise stated at the time of purchase:
- payments are due in advance;
- credits are non-refundable;
- unused credits may expire; and
- prices, plans, and credit rules may change going forward.
We may offer refunds or credits at our discretion, but we are not required to do so unless required by law.
9. Third-Party Services and AI Providers
The service may rely on third-party models, APIs, hosting providers, infrastructure, software, and other services.
We are not responsible for third-party services, third-party outages, third-party terms, third-party policies, or third-party outputs.
Your use of the service may also be subject to third-party terms, model licenses, or usage policies.
10. Copyright Complaints
If you believe that content used with the service infringes your copyright, you may contact us at:
We may remove content, restrict access, or terminate accounts when appropriate.
11. Disclaimers
The service and all Output are provided “as is” and “as available.”
To the fullest extent permitted by law, WhimsyWorks disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of:
- merchantability;
- fitness for a particular purpose;
- title;
- non-infringement;
- accuracy;
- availability;
- reliability; and
- security.
We do not warrant that the service will be uninterrupted, secure, error-free, or that Output will be accurate, complete, unique, lawful, non-infringing, or suitable for your use case.
You are responsible for independently reviewing and validating any Output before using it.
12. Indemnification
You agree to defend, indemnify, and hold harmless WhimsyWorks, Inc., its affiliates, officers, directors, employees, contractors, agents, successors, and assigns from and against any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:
- your Input;
- your uploaded screenshots;
- your use of the service;
- your use of Output;
- your violation of these Terms;
- your violation of any law; or
- your violation of any third-party right, including copyright, trademark, privacy, publicity, confidentiality, trade secret, or contractual rights.
You are responsible for claims arising from your Input, your uploaded screenshots, your use of the service, or your use of Output.
13. Limitation of Liability
To the fullest extent permitted by law, WhimsyWorks will not be liable for any indirect, incidental, special, consequential, exemplary, enhanced, or punitive damages, or for any loss of profits, revenue, data, goodwill, business opportunity, or business interruption.
This applies whether the claim is based on warranty, contract, tort, negligence, strict liability, or any other legal theory, even if WhimsyWorks has been advised of the possibility of such damages.
To the fullest extent permitted by law, WhimsyWorks’ total liability for all claims arising out of or relating to the service or these Terms will not exceed the greater of:
- the amount you paid to WhimsyWorks for the service in the three months before the event giving rise to the claim; or
- $100.
The limitations in this section apply to the fullest extent permitted by law. They do not limit liability that cannot legally be limited.
14. Termination
We may suspend or terminate your access to the service at any time if we believe:
- you violated these Terms;
- your use creates risk for WhimsyWorks, other users, or third parties;
- your use may be unlawful; or
- your use may harm the service.
You may stop using the service at any time.
Sections that by their nature should survive termination will survive, including sections related to ownership, user responsibility, disclaimers, indemnification, limitation of liability, and governing law.
15. Changes to These Terms
We may update these Terms from time to time.
If we make material changes, we may provide notice by posting the updated Terms on our website or through the service.
Your continued use of the service after the updated Terms become effective means you accept the updated Terms.
16. Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.
17. Contact
WhimsyWorks, Inc.
228 Park Ave S
PMB 44611
New York, New York 10003-1502
United States