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Terms of Service

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Terms of Service

Rules for using Whacka and publishing apps on the platform.

Last updated: May 13, 2026

Welcome to Whacka (“we,” “us,” or “our”). By accessing or using Whacka at whacka.app (the “Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree, please do not use the Service. By using the Service, you also acknowledge our Privacy Policy at whacka.app/privacy, which describes how we handle your data. If you publish apps that process end-user data, our Data Processing Agreement at whacka.app/legal/dpa applies automatically.

1. Description of service

Whacka is a platform that allows users to describe app ideas in natural language and uses AI to generate functional Progressive Web Apps (PWAs) that can be published, shared, and installed on devices.

2. Account registration

  • You must provide accurate information when creating an account.
  • You are responsible for maintaining the security of your account credentials.
  • You must be at least 13 years of age to use the Service.
  • One person may not maintain more than one account.

3. AI-generated content

  • Apps and code generated by the Service are created using AI models (including third-party AI services).
  • You retain ownership of the ideas and descriptions you provide.
  • You are granted a license to use, modify, and distribute the AI-generated output for your apps.
  • We do not guarantee the accuracy, functionality, or safety of AI-generated code. You are responsible for reviewing and testing any generated content before use.
  • AI-generated content may not be unique; similar outputs may be generated for other users with similar inputs.

4. User-generated content

  • You retain ownership of content you create, upload, or publish through the Service (including app descriptions, comments, and profile information).
  • By publishing an app on Whacka, you grant us a non-exclusive, worldwide, royalty-free license to host, display, and distribute your published apps through the platform.
  • You must not publish apps that contain illegal, harmful, or infringing content.
  • We reserve the right to remove any content that violates these Terms.

5. Published apps and subdomains

  • Published apps are accessible via subdomains (e.g., yourapp.whacka.app).
  • We reserve the right to reclaim or reassign subdomains at our discretion.
  • You are responsible for the content and behavior of apps you publish.
  • End users of your published apps are subject to these Terms as well.

6. Data processing and privacy

  • By publishing an app on Whacka, you acknowledge that you are the data controller for any personal data collected through your published app.
  • Whacka acts as a data processor on your behalf, subject to our Data Processing Agreement at whacka.app/legal/dpa.
  • You are responsible for ensuring your published app complies with applicable data protection laws, including providing appropriate privacy notices to your end users.
  • Our current list of sub-processors is available at whacka.app/legal/subprocessors.

7. Credits and payments

  • The Service uses a credit-based system for AI app generation.
  • Credits may be obtained through subscription plans or one-time purchases.
  • Payments are processed through Stripe. By making a purchase, you also agree to Stripe’s terms of service.
  • Credits are non-transferable and non-refundable unless required by law.
  • We reserve the right to modify pricing and credit allocations with reasonable notice.

8. Prohibited uses

You agree not to:

  • Use the Service to generate malicious, harmful, or illegal applications.
  • Attempt to circumvent usage limits or credit systems.
  • Scrape, reverse-engineer, or interfere with the Service.
  • Impersonate others or misrepresent your affiliation.
  • Use the Service to spam, harass, or abuse other users.
  • Publish apps that infringe on third-party intellectual property rights.

9. Intellectual property

  • The Whacka platform, brand, design, and underlying technology are owned by us.
  • You may not use our trademarks without prior written permission.

10. Termination

  • We may suspend or terminate your account for violations of these Terms.
  • You may delete your account at any time.
  • Upon termination, your published apps may be taken offline.

11. Disclaimers

  • The Service is provided “as is” without warranties of any kind.
  • We do not guarantee uptime, availability, or error-free operation.
  • We are not liable for any damages arising from the use of AI-generated apps.

12. Limitation of liability

To the maximum extent permitted by law, Whacka shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service.

In no event shall our total aggregate liability exceed the greater of (a) one hundred US dollars ($100) or (b) the amounts paid by you to Whacka in the twelve (12) months preceding the claim.

13. Indemnification

You agree to indemnify, defend, and hold harmless Whacka, its officers, directors, and employees from any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising from: (a) your use of the Service; (b) your published apps and any data collected through them; (c) your violation of these Terms or any applicable law; or (d) your infringement of any third-party rights.

14. Copyright and DMCA

Whacka respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512. We respond to notices of alleged copyright infringement as required by the DMCA.

DMCA notices

If you believe content on the Service infringes your copyright, send a written notice to our designated agent at [email protected] with “DMCA Notice” in the subject line. Your notice must include:

  • Identification of the copyrighted work claimed to have been infringed.
  • Identification of the material claimed to be infringing, with sufficient detail to permit us to locate it (including the URL or subdomain).
  • Your contact information (name, address, telephone, email).
  • A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law.
  • A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.
  • Your physical or electronic signature.

Counter-notification

If you believe your content was removed in error, you may submit a counter-notice to [email protected] containing:

  • Identification of the removed material and the location at which it appeared before removal.
  • A statement, under penalty of perjury, of your good faith belief that the material was removed by mistake or misidentification.
  • Your contact information.
  • Consent to the jurisdiction of the federal district court for the judicial district in which you reside (or, if outside the US, the District of Delaware).
  • Your physical or electronic signature.

Repeat infringers

We will terminate, in appropriate circumstances, the accounts of users who are repeat infringers of copyright.

15. Dispute resolution

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO RESOLVE DISPUTES WITH WHACKA ON AN INDIVIDUAL BASIS THROUGH BINDING ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS.

Agreement to arbitrate

You and Whacka agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (a “Dispute”) shall be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration shall be conducted in New York, New York, or remotely at the claimant’s option. The arbitrator’s decision shall be final and may be entered as a judgment in any court of competent jurisdiction.

Informal resolution

Before initiating arbitration, the parties agree to attempt informal resolution by sending written notice describing the Dispute to [email protected] and engaging in good-faith discussions for at least 30 days.

Class action waiver

You and Whacka each waive the right to a jury trial and the right to participate in a class action, collective action, or representative proceeding. Claims may only be brought on an individual basis. Unless both parties agree in writing, the arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding.

Mass arbitration

If 50 or more similar arbitration demands are filed by or with the assistance of the same or coordinated counsel against Whacka within a 90-day period (a “Mass Filing”), the following procedure applies notwithstanding the AAA Consumer Arbitration Rules:

  • Claims are grouped into batches of up to 50 claimants.
  • The parties select up to 5 representative (“bellwether”) cases per batch to proceed first; the remaining claims in each batch are stayed.
  • After the bellwether cases conclude, the parties shall participate in good-faith mediation for the remaining claims using the bellwether outcomes as guidance.
  • Statutes of limitations are tolled for claims stayed under this procedure.
  • The party initiating a Mass Filing is responsible for any filing fees in excess of those required under AAA rules for a single individual claim.

Opt-out

You may opt out of this arbitration agreement by sending written notice to [email protected] within thirty (30) days of first accepting these Terms. Your notice must include your name, account email, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other provision of these Terms.

Exceptions

Notwithstanding the above, either party may: (a) bring an individual claim in small claims court if it qualifies under that court’s jurisdictional limits; and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property rights or to address actual or threatened infringement, misappropriation, or violation of a party’s intellectual property or proprietary rights.

Governing law

These Terms, and any Dispute, are governed by the laws of the State of Delaware, United States, without regard to its conflict of law provisions. For matters not subject to arbitration, exclusive jurisdiction and venue lie in the state and federal courts located in Wilmington, Delaware.

Severability of arbitration provisions

If the class action waiver is found to be unenforceable, the entire Dispute resolution section shall be void; otherwise, the remaining provisions remain in effect.

16. Changes to terms

We may update these Terms from time to time. We will notify users of significant changes via email or in-app notification. Continued use of the Service after changes constitutes acceptance.

17. General provisions

  • Severability: If any provision of these Terms is held unenforceable, the remaining provisions remain in full force and effect, and the unenforceable provision shall be modified to the minimum extent necessary to make it enforceable.
  • Entire agreement: These Terms, together with our Privacy Policy and Data Processing Agreement, constitute the entire agreement between you and Whacka regarding the Service and supersede all prior or contemporaneous communications.
  • Assignment: We may assign or transfer these Terms, in whole or in part, without restriction. You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent; any unauthorized assignment is void.
  • Force majeure: Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, war, terrorism, civil unrest, government action, labor disputes, internet or telecommunications failures, or natural disasters.
  • Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or our right to enforce it in the future.
  • Notice: We may provide notices to you by email (to the address associated with your account) or through in-app notification, and you agree such notices satisfy any legal notice requirement. You may provide notices to us at [email protected].
  • No third-party beneficiaries: These Terms do not create any third-party beneficiary rights.
  • Survival: Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution) shall survive termination of these Terms.

18. Contact

If you have questions about these Terms, please contact us at [email protected].