Terms of Service
Last Updated: April 15, 2026
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE WHIP APP. BY DOWNLOADING, INSTALLING, OR USING THE APP, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE APP.
WE WILL POST ANY CHANGES TO THESE TERMS OF SERVICE IN A NOTICE ON OUR APP AND WILL SEND YOU AN EMAIL DESCRIBING SUCH CHANGES. PLEASE REGULARLY REVIEW THESE TERMS OF SERVICE. YOUR CONTINUED USE OF OUR SERVICES FOLLOWING ANY SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE REVISED TERMS.
PLEASE NOTE THAT THESE TERMS CONTAIN A BINDING AND MANDATORY ARBITRATION PROVISION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND LIMITS CERTAIN REMEDIES AVAILABLE TO YOU.
These Terms of Service (the “Agreement” or the “Terms of Service”) constitute a legally binding agreement between you (the “Customers,” “you,” or “your”) and Tensorfuse, Inc. (“Tensorfuse,” “we,” “us,” or “our”). Your use of the mobile application called WHIP (the “App”) is governed by this Agreement, our Privacy Policy, and any related terms incorporated herein by reference.
If you are unsure as to the meaning or effect of any provision of this Agreement, please do not proceed further and contact us at support@whip.run before using the App.
BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY DOWNLOADING, INSTALLING, OR USING THE APP, YOU AGREE THAT: (A) YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT; (B) WHERE APPLICABLE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE; (C) YOU HAVE THE LEGAL CAPACITY TO FORM A BINDING CONTRACT; AND (D) YOU ACCEPT THIS AGREEMENT AND AGREE TO BE LEGALLY BOUND BY ITS TERMS AND OUR PRIVACY POLICY. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU MUST NOT USE THE APP.
Capitalized terms not defined herein shall have the meanings ascribed to them in our Privacy Policy.
1. INTRODUCTION TO THE APP
Tensorfuse has developed the App, a no-code, AI-powered content creation application that empowers Customers to build, remix, and launch a Customer-generated interactive experience created, shared, and accessed through the App using natural language prompts and AI creation tools (“Whips”). Whips are generated quickly through the App and without requiring traditional coding skills or technical expertise. The App’s core mission is to democratize content creation by enabling Customers of all backgrounds, skill levels, and geographies to turn ideas into live, functional Whips in a matter of seconds.
The App operates on a prompt-to-application model, whereby Customers describe their idea in natural language, and the App’s underlying artificial intelligence and large language model technologies, powered by Third-Party AI Providers including Google (Gemini), Anthropic, and OpenAI, generate functional Whips from that prompt. Every application built on the App has an ancestry, it can be remixed, forked, and built upon by other members of the App community, creating a living and evolving ecosystem of collaborative content creation.
The App is available for download on the Apple App Store and Google Play Store. It is currently provided free of charge to Customers, subject to these Terms of Service. The App’s key features include, but are not limited to:
- Build: Create a functional Whips from a natural language prompt in seconds, with no coding required;
- Remix: Fork and build upon Whips created by other members on the App, subject to the Whip Public Remix License as described in these Terms of Service;
- Publish: Share your Whips publicly with the App community and the world; and
- Collaborate: Connect with other builders, follow creators, and contribute to a growing ecosystem of community-built Whips.
The App facilitates the provision of the foregoing features and services (collectively, the “Services’) subject to the terms and conditions set out in this Agreement.
2. TERRITORIAL RESTRICTION
Our App is only available for use and download outside the European Union. Our App is not available for use or download by residents of, visitors to, or employees who reside in the European Union (collectively, a “European”). If you are a European, please do not download, register for, or use our App.
If you are a resident of the United States of America, you must comply with these Terms of Service and our Privacy Policy. If you are a resident of any other country, please ensure compliance with all applicable local laws prior to using our App.
If you have any questions regarding this Section, please contact us at support@whip.run.
3. PRIVACY POLICY
Our Privacy Policy describes how we handle the personal and business information you provide to us when you register for and use our App. By using our App, you consent to the collection, use, and sharing of your information as set forth in the Privacy Policy, including sharing with third-party service providers and Tensorfuse affiliates. Our Privacy Policy is incorporated into and forms part of these Terms of Service.
4. ELIGIBILITY AND ACCESS RESTRICTIONS
To be eligible to use our App, you must meet the following criteria and represent and warrant that you:
- are 18 years of age or older, where applicable;
- are not currently restricted from accessing our App or otherwise prohibited from having an account;
- are not a direct competitor of Tensorfuse, and are not using our App for purposes that compete with us;
- will only maintain one registered account at any given time;
- have full power and authority to enter into this Agreement, and doing so will not violate any other agreement to which you are a party;
- will not violate any of our rights, including intellectual property rights such as patent, copyright, and trademark rights; and
- agree to provide, at your own cost, all equipment, browser software, and internet access necessary to use our App.
5. SERVICE LICENSE
Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to access and use our App strictly in accordance with this Agreement, including to: (a) download, install, and use our App on any mobile device owned or controlled by you; and (b) access, stream, download, and use content made available through our App.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit our App, except as expressly permitted under this Agreement.
YOU AGREE THAT WE ARE NOT LIABLE FOR ANY DAMAGES OR INJURY RESULTING FROM YOUR ACCESS OR USE OF OUR APP. WE PROVIDE NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY. ANY DAMAGES ALLEGED FOR A LOSS OR INJURY ARE LIMITED TO THE FEES, IF ANY, PAID TO TENSORFUSE FOR ACCESS TO OR USE OF OUR APP.
6. CONTENT OWNERSHIP
6.1 User Ownership of Prompts and Human-Authored Elements.
You retain ownership of your original prompts and any human-authored creative elements you contribute to the App (the “User Content”). You represent and warrant that: (i) you own or have the necessary rights, licenses, consents, and permissions to submit your User Content to the App; and (ii) your User Content does not and will not infringe, misappropriate, or violate any third-party intellectual property rights, privacy rights, publicity rights, or any applicable law or regulation.
6.2 AI-Generated Content.
The App uses third-party artificial intelligence and large language model technologies to generate Whips and other outputs from your prompts (the “AI-Generated Content”). You acknowledge and agree that:
- the U.S. Copyright Office has held that purely AI-generated content without meaningful human creative input may not be protectable under U.S. copyright law;
- Tensorfuse makes no representation or warranty that you hold enforceable copyright in any AI-Generated Content produced through the App;
- the copyright status of AI-Generated Content may vary by jurisdiction; and
- you are solely responsible for ensuring that your use of any AI-Generated Content does not infringe third-party rights.
6.3 License Grant to Tensorfuse.
By submitting, publishing, or otherwise making available any User Content or AI-Generated Content on the App, you grant Tensorfuse a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, sublicensable license to host, store, reproduce, display, distribute, modify, adapt, and otherwise use such content for the purposes of operating, improving, and promoting the App and its Services, including as set out in Section 10 (AI Training and Model Improvement) below.
6.4 Tensorfuse’s Rights in the App.
Except for the rights expressly granted to you in this Agreement, Tensorfuse and its licensors retain all right, title, and interest in and to the App, including all intellectual property rights therein. Nothing in this Agreement constitutes a transfer of any intellectual property rights from Tensorfuse to you.
7. PUBLIC AND PRIVATE CONTENT
7.1 Definitions.
For the purposes of this Agreement:
- “Public Content” means any Whips, prompt, or content that a user chooses to publish or make discoverable on the App, including content accessible to all Customers and indexed by third-party search engines; and
- “Private Content” means any unpublished drafts, private Whips, or personal data associated with a Customer’s account that a Customer has not chosen to publish publicly.
7.2 Binary Privacy Controls.
Customers may designate their Whips as either a “Private Draft” or “Published Publicly.” There are no intermediate privacy settings. Customers are strongly encouraged to carefully consider their privacy preferences prior to publishing, as the act of publishing has significant and largely irreversible legal consequences as described in these Terms, including with respect to licensing, attribution, AI training, and deletion.
7.3 Private Drafts.
Private Drafts are accessible only to the creating Customer. They will not be shared with, indexed by, or made accessible to any third party, and will not be used for AI training purposes. Private Drafts may be deleted by the Customer at any time in accordance with Section 12 (Content Deletion and Account Termination) below.
7.4 Public Content.
Publicly published Whips will be accessible to all Customers of the App and to members of the general public without requiring an account. Public Content will be indexed by third-party search engines. Tensorfuse does not control third-party search engine indexing practices and cannot guarantee the removal of indexed content from third-party search engines following account deletion or content removal.
7.5 Transition from Private to Public.
Once a Private Draft is published publicly, it becomes subject to the Whip Public Remix License and all other provisions applicable to Public Content under these Terms. Tensorfuse does not currently support the reversal of a published application back to private status.
8. WHIP PUBLIC REMIX LICENSE
8.1 Publication and Licensing.
By publishing any Whips or content publicly on the App, you hereby grant Tensorfuse and all Customers of the App a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to access, use, reproduce, modify, adapt, and create derivative works from your Public Content (the “Whip Public Remix License”). This license is granted free of charge and is a mandatory and non-negotiable condition of publishing content publicly on the App. Custom or alternative licensing terms are not permitted for Public Content.
8.2 Derivative Works and Ownership.
When a Customer remixes your Public Content, a derivative work is created. The remixing Customer acquires independent ownership of their original creative modifications, while the original creator retains rights in the underlying work. All remixes are themselves subject to the Whip Public Remix License and may be further remixed by other Customers of the App.
8.3 Attribution.
The App will automatically attribute the original creator of any Public Content when it is remixed. In the event of successive remixes, attribution shall follow a chain of ownership model, identifying all prior creators in the remix lineage in the order in which their contributions were made. Tensorfuse reserves the right to determine the technical and visual format of attribution displays within the App interface.
8.4 No Custom Licensing.
Customers may not impose additional, alternative, or custom licensing terms on their Public Content. All Public Content on the App is uniformly subject to the Whip Public Remix License to ensure seamless community remixing.
8.5 Future Monetization.
The App does not currently offer monetization features for Customers. Tensorfuse reserves the right to introduce creator monetization features in the future, including but not limited to tipping mechanisms, revenue sharing arrangements, and other compensation models. Any such features will be subject to separate terms and, where applicable, a Statement of Work to be agreed between the relevant Customer and Tensorfuse at that time. For further information regarding future monetization opportunities available on the App, please contact us at support@whip.run. We will endeavor to respond to all such inquiries in a timely manner.
10. AI TRAINING AND MODEL IMPROVEMENT
10.1 Use of Public Content for AI Training.
By publishing content publicly on the App, you grant Tensorfuse a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, and process your Public Content, including prompts and Whips, including for the purposes of training, improving, and optimizing Tensorfuse’s internal AI models, recommendation engines, and App’s generation capabilities. This is essential to Tensorfuse’s core mission of continuously improving the quality and capability of its AI-powered app generation.
10.2 Private Content Excluded.
Tensorfuse will not use Private Drafts or any unpublished content for AI training purposes under any circumstances.
10.3 Third-Party AI Models.
The App utilizes third-party large language model APIs and AI services, including but not limited to those provided by Google (Gemini), Anthropic, and OpenAI (collectively, “Third-Party AI Providers”), to generate Whips. Your use of the App is subject to the applicable terms of service and policies of these Third-Party AI Providers. A current list of Third-Party AI Providers is set out in our Privacy Policy. Tensorfuse does not control the outputs, availability, accuracy, or conduct of any Third-Party AI Provider and shall not be liable for any issues, inaccuracies, errors, or harms arising from their outputs or actions.
10.4 No Warranty on AI Outputs.
Tensorfuse makes no representation or warranty regarding the accuracy, completeness, fitness for purpose, or non-infringement of any AI-Generated Content produced through the App. You are solely responsible for reviewing, verifying, and ensuring the legality and appropriateness of all AI-Generated Content before use or publication.
11. CONTENT MODERATION
11.1 Hybrid Moderation Approach.
Tensorfuse employs a hybrid content moderation approach, combining automated AI-based filtering and human review, to ensure that content published on the App complies with these Terms and applicable law. Automated filtering is applied to prompts and outputs prior to publication to detect and prevent harmful, illegal, or policy-violating content at scale.
11.2 Human-in-the-Loop Review.
In addition to automated filtering, Tensorfuse maintains a human-in-the-loop grievance mechanism that allows Customers to report content that they believe violates these Terms or applicable law. Upon receipt of a valid report, Tensorfuse will conduct a human review of the reported content and take appropriate action, which may include removal, restriction, or account suspension.
11.3 Grievance Redressal.
Customers may submit content-related complaints or grievance reports to Tensorfuse at grievances@whip.run. Tensorfuse will acknowledge receipt of complaints within 24 hours and endeavor to resolve them within fifteen (15) days, in accordance with applicable law or earlier, if required under applicable law, and will take all necessary steps as required under applicable law.
11.4 Grievance Officer.
Tensorfuse has designated a Grievance Officer to address concerns and complaints raised by Customers in relation to the App and its content.
Grievance Officer Details:
Name: [•] Grievance Officer, Tensorfuse Technology India Private Limited
Designation: [•]
Grievance Officer Email: grievances@whip.run
Postal Address: G-001, South End Sampurna, No 11/94 Model House Street, Basavanagudi, Bangalore South, Bangalore, 560004, Karnataka, India
11.5 Tensorfuse’s Moderation Rights.
Tensorfuse reserves the right, but not the obligation, to remove, restrict, or moderate any content at its sole discretion, at any time and without prior notice or liability, including content that violates these Terms, our content policies, applicable law, or third-party rights. Tensorfuse's exercise of or failure to exercise moderation rights shall not constitute a waiver of any rights or create any liability.
11.6 Section 230 and Intermediary Liability.
Tensorfuse operates the App as an interactive service. Nothing in these Terms shall be construed to impose liability on Tensorfuse for third-party content published on the App, to the extent Tensorfuse is protected by applicable intermediary liability laws, including Section 230 of the Communications Decency Act (U.S.) and applicable provisions of the Information Technology Act, 2000 (India).
12. CONTENT DELETION AND ACCOUNT TERMINATION
12.1 Deletion of Personal Data and Private Drafts.
Upon your written request, Tensorfuse will delete your personal data and Private Drafts in accordance with applicable law and our Privacy Policy. Please send deletion requests to privacy@tensorfuse.com. Tensorfuse will respond to and process deletion requests within the timeframes required by applicable law. Please note that if you request deletion of all personal data, Tensorfuse may be unable to continue providing the App to you.
12.2 Retention of Public Content.
Publicly published Whips will not be removed from the App upon account deletion or personal data deletion request. Removal of Public Content would disrupt the functionality of downstream Whips remixed by other members of the community. Upon deletion of your account, your publicly published Whips will be anonymized in accordance with Section 12.3 below.
12.3 Anonymization of Public Content Upon Account Deletion.
Upon account deletion, your attribution on all publicly published Whips will be replaced with an anonymized tag (such as “@Anonymous” or “[Deleted User]”) across all instances of your published Whips and any downstream remixes thereof. This approach is intended to balance your right to erasure under applicable privacy law with the need to preserve the integrity and functionality of the App’s remix ecosystem. Tensorfuse shall not be liable for any downstream impact on remixed Apps resulting from your account deletion.
12.4 Termination by Tensorfuse.
We reserve the right to suspend or terminate your account or access to all or part of the App at any time, for any or no reason, including if we reasonably believe: (i) you have violated this Agreement or our Privacy Policy; (ii) your use creates risk or legal exposure for Tensorfuse; or (iii) provision of the App to you is no longer commercially viable. We will make reasonable efforts to notify you of any termination via the email address associated with your account.
12.5 Inactive Accounts.
If your account remains inactive for a continuous period of twelve (12) months, Tensorfuse reserves the right to deactivate or remove such account. We will provide you with at least fifteen (15) days’ prior written notice via email before any such deactivation or removal, during which period you may take action to maintain or reactivate your account.
13. ACCESS AND SERVICE RESTRICTIONS
You agree that the App, including but not limited to its graphics, trademarks, and editorial content, contains proprietary content, information, and material owned by Tensorfuse and/or its licensors, which are protected by applicable intellectual property laws. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the App in any unauthorized manner.
You agree not to use the App in any manner to harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of any other party. Tensorfuse is not responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, or illegal messages or transmissions you may receive as a result of using the App.
14. REQUIRED CONDUCT AND PROHIBITED CONDUCT
a. Required Conduct
- Comply with all applicable laws, including tax laws, export control laws, and applicable regulatory requirements;
- Provide accurate and current information to Tensorfuse;
- Review and comply with our Privacy Policy; and
- Review and comply with notices sent by Tensorfuse concerning the App.
b. Prohibited Conduct
- Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer or commercially exploit the App (excluding your own User Content);
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for any intellectual property underlying the App;
- Use information, content, or data obtained from the App to provide any service competitive with the App or Tensorfuse;
- Imply or state that you are affiliated with or endorsed by Tensorfuse without a written agreement to that effect;
- Adapt, modify, or create derivative works based on the App or its underlying technology, except as expressly permitted under the Whip Public Remix License;
- Rent, lease, loan, trade, sell, or re-sell access to the App or any content therein;
- Attempt to or actually override any security component of the App;
- Engage in any action that interferes with or places an unreasonable load on our infrastructure, including unsolicited communications, attempts to gain unauthorized access, or transmission of computer viruses or malware;
- Remove any copyright, trademark, or other proprietary rights notices from the App; or
- Engage in or promote any content that is harmful, offensive, illegal, unlawful, discriminatory, dangerous, or abusive.
15. PAYMENT
15.1 Free Access.
The App is currently made available to Customers free of charge. Tensorfuse reserves the right to introduce subscription fees or other charges for access to certain features or Services in the future. Any such fees will be communicated to Customers in advance, along with applicable terms, pricing, and billing details. Customers will not be charged without prior notice and, where required by applicable law, express consent.
15.2 Future Monetization Features.
Tensorfuse reserves the right to introduce creator monetization features, including but not limited to tipping and revenue sharing, at a future date. Such features will be subject to separate terms and conditions. For further information, please contact support@whip.run.
16. TENSORFUSE COMMUNICATIONS
You understand and agree that you may receive information and push notifications from Tensorfuse via email, the App, text message, or calls to your mobile device. You hereby consent to receive such communications. You acknowledge that you may incur charges from your wireless provider for these communications, and you are solely responsible for any such charges.
a. Email Contact.
We may send promotional and service-related messages to your registered email address. By providing your email address, you consent to receive such communications in accordance with these Terms and our Privacy Policy.
b. Push Notifications.
You may opt out of push notifications through your device settings. Please note that opting out may impact your use of certain features of the App.
17. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Tensorfuse and its directors, contractors, consultants, employees, and agents (the “Indemnitees”) from and against any and all costs, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising from any claim, suit, action, demand, or proceeding brought by any third party against Tensorfuse arising from: (i) your breach of this Agreement; (ii) your negligence, fraud, or willful misconduct; (iii) incorrect information provided by you; (iv) your failure to comply with applicable laws; (v) your User Content or AI-Generated Content, including any claim that such content infringes the intellectual property or other rights of any third party; or (vi) your misuse of any Third-Party AI Provider API or platform.
Tensorfuse shall not be responsible or liable for any acts, omissions, or failures of Third-Party AI Providers, nor for any consequences arising from your reliance on or interaction with them.
18. DISCLAIMERS
YOUR ACCESS TO AND USE OF THE APP IS AT YOUR OWN RISK. THE APP 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, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY REGARDING THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY, OR RELIABILITY OF THE APP OR ANY AI-GENERATED CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE APP, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
19. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, Tensorfuse shall not be liable to you or any third party for any indirect, incidental, consequential, special, punitive, or exemplary damages, including loss of profits, data, goodwill, or other intangible losses, arising out of or in connection with this Agreement or your use of, or inability to use, the App.
Tensorfuse’s aggregate liability for all claims arising out of or relating to this Agreement shall not exceed one times (1x) the aggregate amount paid or payable by you for the Services in the six (6) month period preceding the event giving rise to liability. The limitations above do not apply to liability resulting from: (i) gross negligence, willful misconduct, or fraud; or (ii) any breach of confidentiality or data protection obligations.
Tensorfuse shall not be liable for any downtime, delay, data loss, inaccuracy, or interruption resulting from the performance, availability, or actions of any Third-Party AI Provider or other third-party service integrated with the App.
20. COPYRIGHT INFRINGEMENT / DMCA NOTICE
If you believe that any content on the App infringes your copyright, you may submit a DMCA Takedown Notice to our designated Copyright Agent containing the following information:
- Your physical or electronic signature;
- Identification of the copyrighted work(s) you claim have been infringed;
- Identification of the material on the App you claim is infringing and that you request us to remove;
- Sufficient information to permit us to locate the material;
- Your contact details, including address, telephone number, and email address;
- A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; and
- A statement under penalty of perjury that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.
Our Copyright Agent is: [CONTACT PERSON], dmca@whip.run, Tensorfuse, Inc., Attn: DMCA Notice, 2261 Market St., San Francisco, CA 94114, USA.
Pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a DMCA Takedown Notice subjects the complaining party to liability for damages, costs, and attorneys' fees incurred by Tensorfuse.
21. ASSIGNMENT
This Agreement is personal to you. You shall have no right to assign this Agreement or any rights or obligations hereunder to any other party or legal entity without Tensorfuse’s prior written consent. Any attempted assignment without such consent shall be void. Tensorfuse may freely assign this Agreement in connection with a merger, acquisition, or sale of all or substantially all of its assets.
22. ANTI-BRIBERY AND EXPORT COMPLIANCE
You agree not to promote, distribute, transfer, or otherwise offer the App in violation of any applicable anti-corruption or export control laws, including the United States Foreign Corrupt Practices Act, the UK Bribery Act, and applicable export administration regulations. You will not knowingly export or re-export the App to any destination, person, or entity prohibited under applicable U.S. law without prior U.S. government authorization.
23. MODIFICATIONS
We will post any changes to these Terms of Service in a notice on the App and will send you an email describing such changes. Please regularly review these Terms. Your continued use of the Services following any such changes constitutes your acceptance of the revised Terms.
24. RELATIONSHIP OF PARTIES
The parties are independent contractors. Nothing in this Agreement shall be construed as creating a partnership, joint venture, employment, or agency relationship between the parties. You have no authority to bind Tensorfuse to any obligation, agreement, debt, or liability.
25. GOVERNING LAW
This Agreement shall be governed by the laws of the State of Delaware, without regard to its conflict of laws principles. For any actions not subject to arbitration under Section 26, each party consents to the exclusive jurisdiction and venue of the state and federal courts located in San Francisco County, California.
26. DISPUTE RESOLUTION AND ARBITRATION
By agreeing to these Terms, you and Tensorfuse agree that any dispute, claim, or controversy arising out of or relating to these Terms, the App, or your use thereof (collectively, “Disputes”) shall be resolved through binding individual arbitration rather than in court, except that either party may: (a) bring an individual action in small claims court; or (b) seek injunctive or equitable relief in court for alleged unlawful use of intellectual property.
The seat of arbitration shall be California, United States, and proceedings shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and, for substantive matters, the laws of the State of Delaware. Arbitration shall be conducted before one (1) arbitrator, unless the parties mutually agree in writing to a panel of three (3). The arbitration and related proceedings shall be confidential and conducted on an individual basis only.
Before commencing arbitration, the parties agree to attempt to resolve any Dispute in good faith within thirty (30) days following written notice. Any arbitration must be initiated within one (1) year after the cause of action arises, or it shall be permanently barred.
You may opt out of this arbitration provision within thirty (30) days of first accepting these Terms by sending written notice to support@whip.run. If you opt out, you retain your right to bring Disputes in court.
27. MISCELLANEOUS
This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and Tensorfuse with respect to the subject matter herein and supersedes all prior agreements. Our failure to exercise any right or provision of this Agreement will not constitute a waiver thereof. If any provision is found invalid or unenforceable, the remaining provisions shall continue in full force and effect. Any claim or cause of action arising out of or related to the App or this Agreement must be filed within one (1) year after it arises, or be forever barred.
Notices to Tensorfuse shall be sent by certified mail to: Tensorfuse, Inc., 2261 Market St., San Francisco, CA 94114, USA. Notices to you shall be provided through the App or via the email or address you provide upon registration. The section titles in this Agreement are for convenience only and have no legal or contractual effect. All provisions intended by their nature to survive termination of this Agreement shall so survive.
9. SOCIAL INTERACTIONS
9.1 Social Interaction Data.
Social interaction data generated through your use of the App, including likes, comments, follower relationships, and remix activity, constitutes personal information under applicable privacy laws and is handled in accordance with our Privacy Policy. Please review our Privacy Policy for full details on how this data is collected, used, stored, and shared.
9.2 Visibility of Comments.
Comments on Public Content are publicly visible by default. Customers may delete their own comments at any time. Tensorfuse reserves the right to remove any comment that violates these Terms or our content policies.
9.3 Use of Social Data.
Tensorfuse may use social interaction data in aggregate or anonymized form for analytics, algorithmic recommendations, and to improve the App’s AI recommendation engine. We will not sell your individual social interaction data to third parties. Please refer to our Privacy Policy for further details.
9.4 Effect of Account Deletion on Social Data.
Upon account deletion, your likes and comments associated with Public Content may be anonymized rather than deleted, to preserve the integrity of public content and social interactions on the App. Your personal data will be handled in accordance with our Privacy Policy and applicable law.