Terms and Conditions

1) Acceptance of These Terms

These Terms & Conditions (“Terms”) govern your access to and use of WhiplashMedia.ai (the “Website”).

By accessing, using, subscribing, or submitting information through the Website, you agree to these Terms. If you do not agree, do not use the Website.

These Terms, together with our Privacy Policy, form a legally binding agreement between you and WhiplashMedia.ai (“we,” “us,” “our”).

Current version: https://WhiplashMedia.ai/terms-and-conditions

2) Eligibility

The Website is intended for adults only.

By using the Website, you confirm that you:

• Are at least 18 years old (or the age of majority where you live, if higher), and
• Have the legal capacity to enter into a binding contract.

3) Changes to These Terms

We may update these Terms from time to time by posting an updated version on the Website. Your continued use of the Website after changes are posted means you accept the updated Terms.

4) Intellectual Property

All content on the Website—including text, graphics, logos, videos, designs, downloads, and other materials—is protected by intellectual property laws and is owned by WhiplashMedia.ai or its licensors.

You may not:

• Copy, reproduce, distribute, republish, upload, post, transmit, or exploit any Website content for commercial purposes
• Use our trademarks, branding, or logos without written permission
• Create derivative works from Website content

You may print or download portions of the Website only for your personal, non-commercial use.

5) License to Use the Website

We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Website for personal, non-commercial purposes, as long as you comply with these Terms.

6) Prohibited Uses

You agree not to use (or attempt to use) the Website in any unlawful, harmful, or disruptive way, including:

• Hacking, probing, or attacking the Website or its systems
• Posting or transmitting unlawful, defamatory, obscene, or abusive content
• Attempting to interfere with the Website’s functionality or security

7) Privacy

Your use of the Website is also governed by our Privacy Policy:

Privacy Policy: https://WhiplashMedia.ai/privacy-policy

We may update the Privacy Policy from time to time, and it is incorporated into these Terms by reference.

8) Information You Provide

You agree that any information you submit through the Website is accurate and not misleading, and that you are not impersonating another person.

You are responsible for:

• The accuracy of the information you submit
• All activity tied to any account or submissions you make

9) Limitation of Liability

To the maximum extent permitted by law:

WhiplashMedia.ai (including its owners, directors, employees, contractors, and agents) will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages—whether arising from contract, negligence, strict liability, warranty, or any other legal theory—even if we were advised such damages were possible.

If liability is found, our total liability will not exceed three (3) times the payments you made to WhiplashMedia.ai for the month immediately preceding the event giving rise to the claim.

Some states do not allow certain limitations, so parts of this section may not apply to you. This limitation does not apply to consumers in New Jersey where prohibited.

10) Dispute Resolution: Arbitration & Class Action Waiver

PLEASE READ CAREFULLY. This section affects your legal rights.

Except where prohibited by law, you agree that disputes between you and WhiplashMedia.ai will be resolved by final and binding confidential arbitration, not in court.

You agree:

• No judge or jury will decide your dispute
• You waive the right to participate in a class action or representative proceeding
• Claims may only be brought individually

A) What Is Covered

“Claim” includes disputes related to:

• These Terms
• The Privacy Policy
• Your use of the Website
• Your relationship with WhiplashMedia.ai
• Any services or products you purchase, use, or attempt to use

This arbitration agreement is governed by the Federal Arbitration Act (FAA).

B) Exceptions

You or WhiplashMedia.ai may bring an individual claim in small claims court if it qualifies.

The following must be brought in state or federal courts located in New York:

• Claims involving intellectual property rights (copyright, trademarks, trade secrets, patents)
• Requests for injunctive or other equitable relief for breach or threatened breach

C) Pre-Dispute Notice (Required)

Before filing a claim, you agree to send a written notice describing the dispute and proposed resolution to:

Email: info@whiplashmedia.ai

If the dispute is not resolved within 60 days, either party may proceed to arbitration.

D) Deadline to Start Arbitration

Any arbitration must be started within 1 year after the claim arises (including the pre-dispute process). Claims filed after that are barred.

E) Arbitration Rules, Location, and Fees

Arbitration will be administered by the American Arbitration Association (AAA) under its applicable rules.

• If the amount in controversy is $500 or less, arbitration may occur by phone or written submissions
• Otherwise, arbitration will occur in St. Louis, Texas, unless we agree otherwise
• Fees follow AAA rules; each party generally pays its own costs unless the arbitrator decides otherwise

F) Opt-Out Right (30 Days)

You may opt out of arbitration within 30 days of your first purchase, use, or attempted use of a service/product on or through the Website (whichever occurs first) by sending a signed written notice to:

Email: info@whiplashmedia.ai

11) Injunctive Relief / Additional Remedies

If you breach (or threaten to breach) these Terms or infringe intellectual property rights, we may seek injunctive relief and any other remedies available under law.

12) Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless WhiplashMedia.ai and its affiliates, officers, employees, contractors, and agents from claims, damages, liabilities, and expenses (including attorneys’ fees) arising out of:

• Your use or misuse of the Website
• Information you submit through the Website
• Your violation of these Terms
• Your violation of any law or third-party rights

13) Copyright Notice & Takedown Requests

If you believe content on the Website infringes your copyright, send a notice to:

Email: info@whiplashmedia.ai

14) Third-Party Links

The Website may contain links to third-party websites. We are not responsible for third-party content, policies, or practices. Review their terms and privacy policies before using them.

15) Termination

We may suspend or terminate your access to the Website at any time if we believe you violated these Terms or for any other lawful reason.

Upon termination, you must stop using the Website and destroy any copies of content you downloaded unless otherwise permitted by law.

16) No Waiver

If we don’t enforce a provision of these Terms, it does not waive our right to enforce it later. Any waiver must be in writing.

17) Governing Law & Venue

These Terms are governed by the laws of the State of New York, excluding conflict-of-law rules.

If a claim is excluded from arbitration, it must be brought exclusively in the state or federal courts located in New York, and you consent to that jurisdiction and venue.

18) Force Majeure

We are not responsible for delays or failures caused by events outside our reasonable control, including natural disasters, acts of government, labor issues, or system/utility failures.

19) Assignment

We may assign our rights under these Terms without notice. You may not assign your rights without our written consent.

20) Electronic Communications & Signature

By using the Website and clicking buttons such as “Submit,” “Buy Now,” “Pay Now,” “See If You Qualify,” or similar, you agree that:

• Communications may be provided electronically
• Your electronic actions constitute a legally binding signature and agreement

21) Severability

If any provision is held invalid or unenforceable, the remainder of these Terms will remain in effect.

22) Entire Agreement

These Terms and the Privacy Policy are the entire agreement between you and WhiplashMedia.ai regarding your use of the Website and supersede prior agreements or communications.

23) Contact Us

Questions about these Terms?

Email: info@whiplashmedia.ai