Terms of service

OVERVIEW

Welcome to Whimsa!

Whimsa is a brand operated by True Nodes Digital S.A. The terms "we", "us" and "our" refer to Whimsa and True Nodes Digital S.A.

Whimsa operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). Whimsa is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, territory or jurisdiction of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information.

You represent and warrant that all information you provide through our store is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activity associated with your account. You may not transfer, sell, assign or license your account to another person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online store. However, colors or product appearance may differ from how they appear on your screen due to the type of device you use and your device settings and configuration.

We do not warrant that the appearance of any product purchased through the Services will be identical to how it appears on your screen.

All descriptions of products are subject to change at any time without notice. We reserve the right to discontinue any product at any time and may limit the quantities of products we offer to any person, geographic region or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase.

Whimsa reserves the right to accept or decline an order, subject to applicable law. Your order is not accepted until we confirm acceptance and payment has been successfully processed.

Please review your order carefully before submitting it, as we may be unable to accommodate cancellation or modification requests once an order has entered processing.

If we decline, modify or cancel an order, we will attempt to notify you using the email address, billing address and/or phone number provided when the order was placed.

Purchases are subject to our Return and Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or unauthorized export.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice.

The price charged for a product or service will be the price in effect at the time the order is placed and will be shown during checkout and in your order confirmation.

Unless otherwise expressly stated, displayed prices do not include applicable taxes, shipping, handling, customs or import charges.

We may offer promotions from time to time. Such promotions may be governed by separate terms and conditions. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern in relation to that promotion.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our store.

You agree to promptly update your information, including your email address and payment information, so that we can complete your transactions and contact you when necessary.

You represent and warrant that:

(i) the payment information you provide is true, correct and complete;
(ii) you are authorized to use the payment method provided;
(iii) charges incurred by you will be honored by your payment provider; and
(iv) you will pay all applicable charges associated with your order.

SECTION 5 - SHIPPING AND DELIVERY

Information about processing, shipping, delivery and returns is available in our Shipping & Returns page.

Processing and delivery times are estimates and may vary depending on the product, destination, fulfillment partner, carrier and circumstances outside our reasonable control.

We will make reasonable efforts to process and ship orders within the timeframe communicated to you.

If we become aware that we are unable to ship an order within the timeframe communicated to you, we will provide any notice, cancellation option or refund required under applicable law.

Delivery dates provided after shipment are estimates and may be affected by carrier delays, weather, holidays, customs procedures or other circumstances outside our reasonable control.

If you experience a delivery problem, please contact us so that we can assist you.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by Whimsa, True Nodes Digital S.A., their affiliates or licensors and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit material from the Services without our prior written consent, except as permitted by applicable law.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other right to you under any patent, trademark, copyright or other intellectual property of Whimsa, Shopify or any third party.

All rights not expressly granted herein are reserved.

Whimsa's names, logos, product and service names, designs and slogans are trademarks or other intellectual property of Whimsa, True Nodes Digital S.A., their affiliates or licensors.

Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify.

All other names, logos, product and service names, designs and slogans appearing through the Services are the property of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor control.

You acknowledge and agree that access to such tools may be provided "as is" and "as available", without warranties, representations or conditions of any kind and without endorsement.

To the fullest extent permitted by applicable law, we shall not be liable for issues arising solely from your use of optional third-party tools.

Any use by you of optional third-party tools offered through the Services is at your own discretion, and you should ensure that you understand and accept the terms under which such tools are provided.

We may also offer new features, tools or resources through the Services in the future. Such features will be considered part of the Services and subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and links to websites provided or operated by third parties, including embedded third-party functionality.

We are not responsible for examining or evaluating the content, accuracy or practices of third-party websites you choose to access.

If you leave the Services to access a third-party website, you do so at your own discretion.

To the fullest extent permitted by applicable law, we are not responsible for harm or damages arising solely from your use of third-party websites, products, services, resources or content.

Please review the policies and practices of third parties before entering into any transaction with them.

Complaints, claims, concerns or questions concerning third-party products and services should be directed to the relevant third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Whimsa is powered by Shopify, which enables us to provide the Services to you.

However, any sales and purchases made through our store are made directly with Whimsa, operated by True Nodes Digital S.A.

By using the Services, you acknowledge and agree that Shopify is not the seller of products purchased from Whimsa and is not responsible for the fulfillment of purchases made from Whimsa.

To the fullest extent permitted by applicable law, Shopify and its affiliates shall not be liable for injury, damage or loss resulting solely from products purchased from Whimsa or transactions entered into directly with Whimsa.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy.

Certain personal information may also be processed by Shopify in accordance with Shopify's applicable privacy policies.

Because the Services are hosted by Shopify, Shopify may collect and process personal information relating to your access to and use of the Services in order to provide and improve its services.

Information submitted through the Services may also be transmitted to Shopify and other service providers, including providers located outside the country in which you reside, where necessary to operate the Services.

Please review our Privacy Policy for more information about how personal information is collected, used, disclosed and protected.

SECTION 11 - FEEDBACK

If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, "Feedback"), you grant us a worldwide, non-exclusive, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback for purposes related to operating, providing, improving and promoting the Services, subject to applicable law.

You represent and warrant that:

(i) you own or have the necessary rights to the Feedback;
(ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback where required by law; and
(iii) your Feedback complies with these Terms.

We are not obligated to maintain Feedback in confidence, pay compensation for Feedback or respond to Feedback, except where otherwise required by law.

We may monitor, edit or remove Feedback that we reasonably determine to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or that violates a third party's intellectual property rights or these Terms.

You agree that your Feedback will not violate the rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights.

You may not use a false email address, impersonate another person or otherwise mislead us or third parties regarding the origin of Feedback.

You are responsible for the Feedback you submit and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or through the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability.

We reserve the right to correct errors, inaccuracies or omissions and to update information in accordance with applicable law.

If an error materially affects an order you have already placed, we will take appropriate steps, which may include contacting you, correcting the order or cancelling and refunding the affected order where appropriate.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only.

You may not access or use the Services, directly or indirectly:

(a) for an unlawful or malicious purpose;
(b) to violate applicable international, federal, state, territorial, provincial or local laws, regulations or ordinances;
(c) to infringe our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, threaten, defame, intimidate or harm another person;
(e) to transmit false or misleading information;
(f) to transmit material that does not comply with these Terms;
(g) to transmit unsolicited advertising or promotional material, including spam or chain messages;
(h) to impersonate or attempt to impersonate another person or entity; or
(i) to engage in conduct that restricts or inhibits another person's use or enjoyment of the Services or that may harm Whimsa, Shopify or users of the Services.

In addition, you agree not to:

(a) upload or transmit viruses or malicious code;
(b) reproduce, duplicate, copy, extract, sell, resell or exploit any unauthorized portion of the Services;
(c) unlawfully collect or track personal information belonging to others;
(d) spam, phish, pharm or pretext;
(e) use robots, spiders, automated data extraction tools or automated processes to access the Services in violation of applicable law, these Terms or technical restrictions communicated by us; or
(f) interfere with, bypass or circumvent security or authorization features or other measures used to restrict access to the Services.

We reserve the right to suspend, disable or terminate access to the Services if we reasonably determine that these Terms have been violated, subject to applicable law.

SECTION 14 - AGENTS

14.1 This section ("Agent Terms") applies if you use, allow, enable or cause the deployment of an Agent to access, use or interact with any Services.

"Agent" means software or a service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, a person or entity and that can operate on a person's behalf without continuous direct supervision.

14.2 No Agent may access, use or interact with the Services if it does so in violation of applicable law, these Terms or technical restrictions communicated by us.

14.3 We may use reasonable technical measures to limit whether and how Agents access, use and interact with the Services.

14.4 Agents must not:

(i) conceal or misrepresent that access or interaction is automated;
(ii) circumvent CAPTCHAs or similar measures intended to distinguish automated use from human use;
(iii) provide false information when asked whether an interaction is automated; or
(iv) circumvent measures intended to block, limit, modify or control automated access to the Services.

SECTION 15 - TERMINATION

We may terminate or suspend your access to the Services, or any part thereof, where reasonably necessary, including where we determine that you have violated these Terms or applicable law.

You remain responsible for amounts properly due prior to termination.

The following sections, where applicable, will continue to apply following termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy and any provisions that by their nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is provided for general informational purposes.

We do not warrant that all information will always be accurate, complete or current, although we make reasonable efforts to provide accurate information relating to products, pricing, availability and orders.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY STATED BY WHIMSA OR REQUIRED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

THIS MAY INCLUDE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT, EXCEPT WHERE SUCH WARRANTIES CANNOT LEGALLY BE EXCLUDED.

WE DO NOT GUARANTEE THAT ACCESS TO THE SERVICES WILL ALWAYS BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, IN WHICH CASE SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WHIMSA, TRUE NODES DIGITAL S.A., AND THEIR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS OR LOSS OF DATA, EXCEPT WHERE SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED BY LAW.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED, OR ANY RIGHTS OR REMEDIES YOU MAY HAVE UNDER MANDATORY CONSUMER PROTECTION LAW.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless Whimsa, True Nodes Digital S.A., Shopify and their respective affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from losses, damages, liabilities or third-party claims, including reasonable legal fees, arising from:

(1) your material breach of these Terms or documents incorporated by reference;
(2) your violation of applicable law or the rights of a third party; or
(3) unlawful misuse of the Services.

We will provide reasonable notice of any indemnifiable claim.

Where permitted by law, we may control the defense and settlement of such a claim, provided that we will not agree to a settlement imposing non-monetary obligations on you without your consent, which shall not be unreasonably withheld.

You agree to reasonably cooperate in the defense of such claims.

SECTION 19 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, the provision shall be enforced to the fullest extent permitted by applicable law.

Any unenforceable portion will be deemed severed from these Terms and will not affect the validity and enforceability of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms and any policies or operating rules posted by us in relation to the Services constitute the agreement between you and us concerning your use of the Services, subject to any additional rights provided by applicable law.

They supersede prior or contemporaneous agreements and communications concerning the same subject matter.

Any ambiguity in these Terms shall be interpreted in accordance with applicable law.

SECTION 21 - ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent, except where applicable law provides otherwise.

We may transfer or assign our rights and obligations under these Terms in connection with a merger, acquisition, restructuring, sale of assets or other legitimate business transfer, subject to applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services are governed by the laws of the Republic of Panama, without regard to its conflict-of-law principles.

Subject to any mandatory rights available to consumers under applicable law, disputes relating to these Terms or the Services shall be submitted to the competent courts of the Republic of Panama.

Nothing in this section is intended to deprive a consumer of any mandatory protection, right or remedy that cannot lawfully be waived under the laws applicable to that consumer.

SECTION 23 - HEADINGS

The headings used in these Terms are included for convenience only and do not limit or otherwise affect their interpretation.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You may review the most current version of these Terms of Service on this page.

We may update, change or replace portions of these Terms from time to time by posting an updated version on our website.

Where required by applicable law, we will provide appropriate notice of material changes.

Changes will become effective on the date stated in the applicable notice or, where no notice is legally required, when the updated Terms are published.

Your continued use of the Services following the effective date of updated Terms constitutes acceptance of those Terms to the extent permitted by applicable law.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service may be sent to:

Whimsa
Operated by True Nodes Digital S.A.

Phone number: +507 6677-8248

Email: hello@whimsa.co

Business address: True Nodes Digital S.A., Caille 54, casa cuarta, Arraiján, Panamá Oeste, Panama.

Business registration number: 155778610-2-2026

Panama