Terms of Use

Please carefully review the terms and conditions provided by Whiffr before browsing the website https://whiffr.com or utilizing their services. These terms and conditions contain essential information regarding your rights and obligations as a customer, establishing the conditions under which you may access or use Whiffr's website. These terms include various limitations and exclusions, as well as a legally binding arbitration agreement and waiver of class action.

For the purpose of these terms and conditions, the definitions of capitalized terms used in this document are specified in the dedicated Definitions section below.

By visiting or using our website and/or making purchases through it, you are engaging in our service and agreeing to abide by the following terms. This includes additional terms, conditions, and policies that are referenced herein and/or accessible via hyperlink. These terms apply to all users of the website, including browsers, buyers, sellers, and content contributors.

Please make sure to check regularly for updates to these terms and conditions. Your use of the service signifies your agreement to the terms outlined in this document. Furthermore, your continued use of the service indicates your acceptance of any future updates that may be implemented to these terms and conditions. If you disagree with any of these terms, please refrain from accessing the website and using the service.

To use the website and the service, you must be at least 18 years of age or have reached the legal age as defined in your place of residence. The website, service, and content are not intended for children or adolescents who have not reached the legal age. We neither desire nor intend to solicit or knowingly collect information from this particular audience. If you are below the legal age, you are prohibited from using the service.


In these terms and conditions, the capitalized words below have the following meanings:

Applicable Laws - all relevant laws, statutes, rules, regulations, guidelines, directives, and codes.

Buyer - the user who has registered for a buyer account on the website with the intention to communicate with sellers and/or purchase their products.

Client, You, Your, User - the individual accessing and/or using the website and/or the service.

Content - all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics present on the website.

Intellectual Property Rights - any patents, registered and unregistered trademarks and service marks, domain names, registered designs and design rights, copyright (including rights in computer software and databases), database rights, and moral rights. This also includes applications for the aforementioned rights and the right to apply for any of these rights worldwide. It encompasses rights in inventions, designs, drawings, and computer programs. Please refer to the dedicated section below for more details.

Link Approved Organizations - organizations permitted to link our website on their third-party websites without prior written approval. These organizations include government agencies, search engines, news and media organizations, online directory distributors, and systemwide accredited businesses (excluding soliciting nonprofit organizations, charity shopping malls, and charity fundraising groups, which may not hyperlink to our website).

Marks - the trademarks, service marks, and logos contained within the content.

Seller - the user who has registered for a seller account by creating a personalized shop on the website.

Service - providing access to our website for buyers and sellers and the use of memberships. Please refer to the dedicated section below for more details.

Whiffr, Ourselves, We, Our, Us - refers to GYCO Online Limited, with an address at Kemp House 152-160 City Road, London, England, EC1V 2NX.

Terms, Terms and Conditions - refers to the terms and conditions described in the present document.

Third-Party Content - articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties.

Third-Party Websites - websites other than Whiffr's website.

Transaction - the act of buying or selling a product using the service.

User Content - any and all content uploaded to the website by users, including but not limited to information, documents, preferences, designs, texts, briefs, drafts, images, videos, audio-visual information, materials, samples, or other content.

Website - Whiffr's website www.whiffr.com , including all its subdomains and pages.

Any use of the above terminology or other words in the singular, plural, or capitalized form is considered interchangeable and refers to the same thing.

KYC Verification Process

All models or sellers ("Models") on Whiffr are required to undergo a comprehensive Know Your Customer (KYC) verification process conducted by our dedicated compliance team ("Compliance Team").

The KYC verification process involves the collection and verification of specific personal identification and documentation details of the Models. This includes government-issued identification, proof of address, and any additional information that Whiffr deems necessary to ensure compliance with applicable laws, regulations, and our internal policies.

The Compliance Team carefully reviews the submitted information and performs manual verification procedures to authenticate the identity and legitimacy of the Models.

The primary objectives of the KYC verification process are to ensure that Models are at least 18 years of age and to verify their claimed identities accurately.

Whiffr reserves the right to engage third-party verification services, if deemed necessary, to assist in the KYC verification process. However, any such third-party service will be bound by strict confidentiality obligations.

As a Model utilizing our services, you acknowledge and agree that it is your responsibility to comply with all relevant laws, regulations, and industry standards pertaining to the production, distribution, and sale of adult content.

Whiffr does not endorse or support any illegal activities, including the production or distribution of non-consensual or underage content. We retain the right to report any suspicious or unlawful activities to the appropriate authorities.

Models bear sole responsibility for providing accurate, up-to-date, and complete information during the KYC verification process.

Any provision of false, misleading, or fraudulent information by Models may result in immediate termination of their account and denial of access to the Services.

Intellectual Property Rights

Unless otherwise specified, the website is our exclusive property, and the content and trademarks (Marks) are either owned or controlled by us or licensed to us. They are protected by copyright, trademark laws, intellectual property rights, and unfair competition laws of the United Kingdom, international copyright laws, and international conventions. This includes intangible assets and associated property rights in any jurisdiction, such as creative works, designs, symbols, literary and artistic works, images, trade secrets, and proprietary data like customer lists, as well as products developed wholly or partially by us. The Content and Marks are provided on the website "AS IS" for your personal information and use only. Except as explicitly stated in these Terms, no part of the website, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.

If you are eligible to use the website, you are granted a limited license to access and use it, as well as to download or print a copy of any portion of the Content that you have rightfully accessed, solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in relation to the website, Content, and Marks.

User Accounts

The services provided require you to register and create an account. You agree to provide accurate, current, and updated information about yourself. We reserve the right to validate the information provided in your account at any time. Approval or rejection of your account is solely at our discretion and based on our review of the information provided. If your account is approved, it will be publicly visible and searchable on the website.

We facilitate connections between buyers and sellers, but as a platform provider, we are not involved in any transactions that may occur between them. The website offers two types of accounts: one for buyers and another for sellers.

As a buyer, your account enables you to access the catalog of sellers, communicate with them regarding inquiries, purchase their products, manage payments, or engage in chat conversations.

As a seller, your account allows you to create a personalized profile, store, advertise, and promote your products to buyers, communicate with them regarding inquiries, sell products, receive payments, send messages, or share user-generated content with them.

You are permitted to register for both a buyer and a seller account.

When registering for an account, you must provide an email address and choose a password. You are solely responsible for maintaining the security and confidentiality of your email and password and agree not to share these details with unauthorized individuals. You also agree to promptly notify us of any unauthorized use of your username, password, account information, or any security breaches related to the services. Additionally, you agree to log out of your account at the end of each session.

By using the website and the services, you confirm and warrant that:

  • You have the legal capacity to enter into a legally binding contract and agree to comply with these terms and conditions.
  • You are of legal age.
  • You will not access the website through automated or non-human means, including bots, scripts, or any other method.
  • You will not use the website for any illegal or unauthorized purposes.
  • Your use of the website will not violate any applicable laws.

We reserve the right to suspend or terminate your account and your access to the services for non-compliance with these terms, violation of copyrights, or any other reason at our discretion. We also retain the right to refuse current or future use of the website or services, in whole or in part. If your account is terminated for any reason, you are prohibited from re-registering or reapplying for another user account without our written permission.

Our Services

Registration for any Whiffr membership, whether as a buyer or seller, grants you access to all the features and functions described in the membership details. For more information about our service, please refer to the dedicated "How It Works" page. Any new feature upgrades to the membership will be made available to you at our discretion. This agreement covers the current feature set per membership. We reserve the right to make changes to the service without prior notice, although significant changes may be communicated to users. Any modifications or additions to the service will also be subject to these Terms and Conditions.

Prices for our memberships are subject to change without notice. We reserve the right to modify or discontinue the service, or any part of it, without prior notice. We shall not be liable to you or any third party for any modifications, price changes, suspensions, or discontinuations of the service.

Regarding the submission, posting, or indirect authorship of User Content through the service, our use of such content is governed by these Terms and Conditions.

By using the service, you agree not to submit, upload, or create any User Content that:

Is illegal or encourages or advocates illegal activity, including content related to harassment, theft, or conspiracy to commit any criminal activity. Infringes or violates the rights of a third party, including privacy rights (specifically, sharing another person's personal information without their permission) or confidentiality obligations. Solicits personal information from children or exploits minors in a sexual or violent manner. Violates applicable laws concerning child pornography or intended to protect the well-being of minors. Pertains to or promotes escort services, prostitution, or explicit sexual acts. Relates to the creation, publication, or distribution of fake news, hoax news, deep fake content, or similar content. Does not belong to you or for which you do not have the necessary rights, licenses, or permissions under applicable laws or contractual or fiduciary relationships (e.g., confidential information obtained through employment or non-disclosure agreements). Misuses our support services or may result in submitting false reports of abuse or misconduct. Contains viruses or other harmful components that tamper with, impair, or damage the service or any connected network, or interferes with the use of others. Acts as a mechanism for information collection or transmission, such as gifs, web bugs, cookies, or other similar devices (often referred to as "spyware" or "passive collection mechanisms"). Is antisocial, disruptive, or destructive, including activities commonly known as "flaming," "spamming," "flooding," or "trolling" on the internet.

By uploading User Content, you acknowledge that you are solely responsible for the content and warrant that it complies with the requirements of these Terms and Conditions. You affirm that you own the rights to the User Content or have the necessary authority, licenses, and permissions, without needing permission or payment to any other person or entity, to exploit, use, license, reproduce, modify, adapt, publish, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform, display, and incorporate the User Content (in whole or in part) worldwide in any form, media, or technology, as outlined in these Terms and Conditions.

You retain all ownership rights in any User Content you post, submit, or send. To the extent permitted by applicable laws, you grant us a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list, edit, translate, distribute, publicly perform, publicly display, and create derivative works of all such User Content, including your name, voice, and

Prohibited Conduct

The following examples outline prohibited conduct when using the Website or the Service, but are not limited to:

  • Using the Service or User Content in violation of the established rules outlined in the "User Accounts" and "Our Services" sections of these terms and conditions.
  • Violating any applicable laws.
  • Selling or transferring your user account and profile.
  • Engaging in deceptive practices, misleading others, or soliciting personally identifiable information, account names, passwords, or other account information from other users.
  • Engaging in fraudulent billing or attempting to fraudulently bill any buyer.
  • Misrepresenting your information, including falsely representing another person's profile as your own.
  • Falsely attributing statements to any Whiffr representatives.
  • Misusing our support services or submitting false reports of abuse or misconduct.
  • Directly or indirectly advertising or promoting other websites, products, or services.
  • Attempting to interfere with or compromise the integrity or security of the system, or deciphering any transmissions to or from the servers running the Website.
  • Reverse engineering, decompiling, disassembling, or attempting to obtain the source code of the Website.
  • Using any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission.

Failure to comply with our conduct expectations or any other terms of these Terms and Conditions may result, at our sole discretion, in the deletion or removal of your User Content from the Website, suspension or termination of your buyer and/or seller account, and suspension or termination of your right to use Whiffr.

Obtaining Consent

Content providers are required to obtain explicit, written consent from all individuals who are featured or depicted in the content they intend to share on Whiffr. This consent should clearly state that the individuals understand and agree to be depicted in the content, allow for the public distribution of the content on our website, and grant permission for the content to be uploaded to our platform. Additionally, the consent should specify whether the content will be available for downloading by other users and whether the individuals consent to such downloading.

Maintaining Consent Records

Content providers are responsible for maintaining records of the written consent obtained from all individuals depicted in the content. These records should include the names of the individuals, the dates of consent, and any relevant details or agreements pertaining to the distribution and downloading permissions of the content.

Enforcement and Compliance

Whiffr reserves the right to review and verify the consent records for any content uploaded to our platform. In the event that a user fails to provide or maintain appropriate consent records, we may take action, including but not limited to removing the content and suspending or terminating the user's account.

Content Submission and Ownership

As a creator, you acknowledge and agree that any content you submit to our marketplace remains your intellectual property. However, by uploading content to our platform, you grant the site owner a non-exclusive, royalty-free, worldwide license to display, distribute, and promote your content solely for the purposes of operating and promoting the marketplace.

Rights and Responsibilities

a) Creator Responsibilities:

You are solely responsible for the content you submit to the marketplace. By submitting content, you represent and warrant that you own or have the necessary rights, licenses, and permissions to distribute and sell the content.

b) Site Owner Responsibilities:

The site owner agrees to provide a platform for creators to showcase and sell their content, subject to the terms of this agreement. The site owner reserves the right to moderate, remove, or reject any content that violates these terms or infringes upon the rights of others.

Pricing, Payments, and Compensation

a) Pricing:

Creators have the authority to set the prices for their content within the marketplace. The site owner may provide guidelines or recommendations, but the final decision rests with the creator.

b) Payments and Compensation:

The site owner will facilitate payments from customers and distribute the agreed-upon compensation to creators. Compensation will be paid on a regular basis, subject to any minimum threshold or payment processing fees. The site owner reserves the right to adjust compensation rates in accordance with marketplace policies.

Content Usage and Restrictions

a) Prohibited Content:

Creators must not submit or promote content that is illegal, infringing, or violates the rights of any third party. This includes, but is not limited to, defamatory, discriminatory, obscene, or violent content.

b) Compliance with Laws and Regulations:

Creators are responsible for ensuring that their content complies with all applicable laws and regulations, including copyright and intellectual property laws. The site owner disclaims any liability for creators' failure to comply with such laws.

Termination

Either party may terminate this agreement at any time, with or without cause, by providing written notice to the other party. Upon termination, the site owner will remove the creator's content from the marketplace, and any outstanding royalties will be settled according to the agreed-upon terms.

Content Policy

All content on Whiffr must adhere to our Content Rules as outlined in this Content Policy. Content includes pictures/images, videos, store items, live streams or broadcasts, and other materials such as text, graphics, data, audio messages, comments, reviews, memberships, gratuities, contests, and tangible goods provided, sold, offered, or posted by users or members on Whiffr.

Any content found to be in violation of the Content Rules or deemed inappropriate at our discretion will be promptly removed. Violations of the Content Rules are documented and may be reported to the relevant authorities. Users are responsible for ensuring that their content complies with the Content Rules and does not violate any card association standards.

We reserve the right to permanently ban individuals who violate our Content Rules from accessing Whiffr at any time.

The following types of content are not permitted on Whiffr:

  • Posting any content that depicts a person under 18 years of age (or older in jurisdictions where 18 is not the minimum age of majority).
  • Posting any content for which you do not have sufficient written documentation to confirm that all subjects depicted are over 18 years of age (or older in jurisdictions where 18 is not the minimum age of majority).
  • Posting any content depicting child pornography, rape, snuff, torture, death, violence, incest, racial slurs, hate speech (including both oral and written forms).
  • Posting any content that contains falsehoods or misrepresentations that could harm the Website or any third party.
  • Posting any content that is obscene, illegal, unlawful, defamatory, libelous, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.
  • Posting any content containing unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of unauthorized solicitation.
  • Posting any content containing sweepstakes, contests, lotteries, or gambling-related content.
  • Posting any content containing copyrighted materials or materials protected by other intellectual property laws, unless you own the rights or have obtained all necessary written permissions and releases.
  • Impersonating another person or falsely stating or misrepresenting your affiliation with a person.
Content Monitoring

All profiles and shops on Whiffr undergo manual review before publication, and we reserve the right to remove and ban any users who fail to comply with our content rules as stated above.

Furthermore, all updates made to seller profiles and shops are manually reviewed by our in-house compliance team, applying our standard content policies.

Anti-Slavery Policy

We are fully committed to combatting and preventing modern slavery in all its forms. We expect the same commitment from all our users and those with whom we have business dealings. Our full anti-slavery policy can be found here. By using our website or engaging in business with us, you agree to adhere to our anti-slavery policy.

Monetization Policy

Whiffr is a commercial platform that monetizes its services to support website maintenance, improvements, and profitability. We are transparent about our monetization methods.

We generate revenue through membership fees collected from sellers when they create a shop. Additionally, we receive a small commission when buyers top up their wallet.

We do not display third-party ads or host tools for website monetization.

Please note that our blog may include affiliate links, which means we may earn a small commission when you make a purchase through links on our site. This comes at no additional cost to you.

Availability and Security of Service

We are dedicated to providing a highly available service on our website that you can rely on. However, please acknowledge that we cannot guarantee uninterrupted provision or availability of the services. The Website and the Service are operated over the internet, which inherently carries risks.

We will make every effort to ensure the security and integrity of user data and strive to maintain 24/7 availability of the Website and Service. However, upgrades, maintenance, emergency repairs, and telecommunication failures may temporarily impact availability. You agree that we are not liable for any incidents arising from discontinuance, suspension, modification, or lack of availability of the Website and Service.

It is your responsibility to ensure that your internet-enabled device and telecommunication systems have appropriate anti-virus software to minimize the risk of harmful viruses. Please note that Whiffr is not responsible for any security issues arising from connecting to the Website via an unsecured network.

Access to the Website is permitted on a temporary basis and "AS IS." We may suspend, withdraw, discontinue, or modify all or any part of the Service without notice. We shall not be liable if the Website is unavailable at any time or for any period.

Third-Party Website and Content

The Website may contain links to third-party websites and third-party content. These are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us. We do not warrant or assume responsibility for any third-party content or third-party websites accessed through the Website or Service. Inclusion of such links or content does not imply approval or endorsement by us. If you choose to access third-party websites or use third-party content, you do so at your own risk, and these Terms and Conditions no longer govern. You should review the applicable terms, policies, and practices of any third-party websites.

Linking to our Website

Link Approved Organizations may link to our Website as long as the link is not misleading, appropriate link text is used, inline linking is not used, and the content is not framed or implied to be sponsored or endorsed by us. Link Approved Organizations may not use our marks without our written permission. Other organizations interested in linking to our Website must notify us and provide relevant details. We reserve the right to request the deletion of any link to our Website within your control.

Refund Policy

Refunds are handled on a case-by-case basis. If you believe you are entitled to a refund, please contact our customer service team for assistance.

Disclaimer and Limitation of Liability

The Website and Service are provided "AS IS" and without warranties of any kind. We do not guarantee the accuracy, completeness, availability, security, compatibility, or non-infringement of the Service. We do not warrant that the Service will be error-free, fit for your purposes, uninterrupted, free of viruses, or fully secure. We are not liable for any direct, indirect, incidental, special, or consequential damages arising from the use or inability to use the Service, or the actions of users. Our total liability to you is limited to the amount paid for accessing the Service. We are not liable for delays or failures resulting from acts of force majeure or causes beyond our reasonable control. You are responsible for your communications and interactions with others on the Website.

Indemnification

You agree to indemnify and hold us harmless from any costs, expenses, losses, damages, claims, demands, and liabilities arising from your actions, use of the Website or Service, violation of these Terms and Conditions, or infringement of rights of others. We reserve the right to assume the exclusive defense of any matter subject to indemnification, at your expense.

Privacy

We value your privacy and adhere to data protection rights. Please refer to our Privacy Policy for details on how we collect, use, store, and disclose your personal information.

Governing Law

These Terms and any separate agreements for the Service are governed by and construed in accordance with the laws of the United Kingdom. You consent to the exclusive jurisdiction of the courts of the United Kingdom to resolve any disputes arising in connection with these terms.

Changes to Terms and Conditions

We may change, replace, or update any part of these Terms and Conditions at our discretion. It is your responsibility to periodically review the Terms for amendments. Your continued use of the Website or Service after changes means your acceptance of those changes. Changes will be effective upon posting on the Website, unless express consent is required, in which case changes will apply from the date of consent. We may also notify you by email with service-related messages.

Billing Support

If you have any questions, concerns, or issues related to billing, our dedicated support team is here to assist you. For any billing inquiries, including refunds, cancellations, or changes to your payment information, please reach out to us directly using our email [email protected].

To ensure a seamless payment process, we have partnered with Epoch, a trusted and reputable company specializing in payment processing and billing services. When you make a purchase or subscribe to our services, your payments will be securely processed by Epoch. You can have peace of mind knowing that your financial information is handled with the utmost care and security. To learn more about Epoch and their billing services, visit their website at https://epoch.com/.

Contact Information

If you have any questions or suggestions regarding our Terms and Conditions, you can contact us free of charge at [email protected]. We will respond to your request as soon as possible, but not later than 30 days.

GYCO Online Limited
Kemp House 152-160 City Road, London, England, EC1V 2NX