Whim Terms of Service

Effective date: 24 April 2026
Last updated: 24 April 2026

DRAFT — PENDING LEGAL REVIEW. This document was prepared as a starting point and has not been reviewed by a licensed attorney. Have it reviewed by counsel familiar with Thai contract law, consumer protection, and the specific regulatory considerations for messaging and cross-border data before publishing publicly or relying on any specific clause.

1. Acceptance of these Terms

These Terms of Service ("Terms") govern your access to and use of the Whim mobile, desktop, and web application (the "Service") published by Unikong Co., Ltd., a company registered in Thailand ("Unikong", "we", "us", "our").

By creating a Whim account, signing in through a supported identity provider, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use Whim.

If you are accepting these Terms on behalf of a company, organisation, or other entity, you represent that you have authority to bind that entity. In that case, "you" refers to both you and the entity.

Your use of the Service is also governed by the Whim Privacy Policy, which is incorporated into these Terms by reference.

2. What Whim is

Whim is a messaging application built on the open Matrix protocol. It provides:

  • Text, photo, video, audio, and file messaging in one-to-one and group conversations
  • Automatic language translation of messages (see §5 below and the privacy policy §3.3)
  • Voice and video calling (one-to-one WebRTC; group calls via Jitsi Meet)
  • Authentication via Keycloak single sign-on with multiple identity providers
  • Administrative controls for workspace operators and room administrators

Whim is a client-only application. To use it you must connect to a Matrix homeserver operated by your Organisation (your employer, workspace administrator, or other provider). Unikong publishes the Whim client and related software components (including the translation service), but does not itself operate homeservers — your Organisation is responsible for that infrastructure. These Terms cover your use of the Whim client; your Organisation's separate policies govern the data your messages flow through.

3. Account registration

3.1 Eligibility

You must be at least 13 years old (or the minimum age for digital consent in your country, if higher) to create a Whim account. Whim is intended for business and professional use and is not designed for children.

3.2 Accurate information

When you sign up, you agree to provide accurate information and keep it current. Don't impersonate another person, create an account for someone who hasn't authorised it, or use a name designed to deceive.

3.3 Security of your credentials

You are responsible for keeping your password (or any OAuth session tokens) confidential. Tell us at [email protected] immediately if you learn of any unauthorised use of your account.

3.4 One account per person

Don't share your account with anyone. Don't sell, rent, or transfer your account. Business accounts may be managed by your employer or administrator, who may disable your access when your relationship with them ends.

4. Acceptable Use

You agree that when using Whim you will not:

  • Violate any applicable law or regulation, including Thai, local, and cross-border laws that apply to your communications.
  • Use the Service to send spam, unsolicited marketing, or unlawful bulk messages.
  • Transmit content that is illegal, obscene, defamatory, harassing, threatening, discriminatory, or that infringes anyone's intellectual-property, privacy, or other rights.
  • Upload or transmit malware, viruses, worms, ransomware, or any code intended to damage, disable, or surveil other users' devices or systems.
  • Attempt to reverse-engineer, decompile, or otherwise probe the Service's source code except as expressly permitted by law.
  • Attempt to gain unauthorised access to Whim's systems, the Matrix homeserver, the translation service, or any account that isn't yours.
  • Scrape or systematically harvest data from Whim.
  • Use the Service to impersonate Unikong, a homeserver operator, or any other person or entity.
  • Use the Service in a way that materially interferes with other users' ability to use it.
  • Sell, resell, or sublicense access to Whim without our prior written permission.

We may suspend or terminate accounts that violate this section. For especially serious violations (threats of violence, CSAM, coordinated harassment, etc.) we may also report to law enforcement as required by applicable law.

4.1 Moderation

You can report abusive content or users in-app. We will review reports in good faith, but we are not obligated to monitor the Service proactively. In rooms where you are the administrator, you are responsible for moderating content and members as you see fit, subject to these Terms and applicable law.

5. Automatic translation and AI

A core feature of Whim is automatic translation of messages using a cloud AI service. Before your messages are processed by this service, you will be asked to grant consent through a dedicated onboarding screen. You can withdraw consent at any time under Settings › Privacy › Translation consent.

If you decline, or if you withdraw consent later, you will be unable to use Whim — the product is designed around multilingual translation and a declined user would degrade the experience for others in multi-language rooms. This is documented in the privacy policy §3.3 and §4.

The AI provider processes your messages only to generate a translation and does so under paid-API terms flagged "do not train", meaning your content is not used to train or improve their model. The specific provider and its jurisdiction are named in the privacy policy.

6. User content

6.1 You own your content

You keep all intellectual-property rights in the messages, media, files, and other content you send through Whim ("Your Content"). These Terms do not transfer ownership.

6.2 Licence you grant

So that we can operate the Service, you grant Unikong and the homeserver operator a limited, worldwide, non-exclusive, royalty-free licence to host, store, transmit, display, and process Your Content, and to generate translations of it, solely to provide the Service to you and the people you are communicating with. This licence ends when you delete the content, delete your account, or stop using the Service — except to the extent we are legally required to retain it longer.

6.3 You must have the right to share

You represent that you have the right to share whatever content you upload, including photos, files, and any personal data of other people. Don't share things that infringe someone else's rights or violate the law.

6.4 Responsibility for your content

You are responsible for Your Content. Unikong is not responsible for content that users create, share, or receive through the Service, except as required by applicable law.

7. Our content and marks

Whim, the Whim logo, the Unikong name and logo, and the visual design, user interface, source code (beyond the open-source Matrix protocol itself), documentation, and trademarks of the Service are owned by Unikong and its licensors. These Terms don't give you any rights in Whim's name or marks. You may refer to Whim by name in factual statements (e.g. "we use Whim for team chat") but not in a way that suggests endorsement or partnership without our written consent.

Matrix is an open protocol managed by The Matrix.org Foundation and is governed by its own licences.

8. Third-party services

Whim integrates with several third-party services. By using those features you are also agreeing to the relevant third parties' terms:

  • Matrix homeserver operator (your Organisation) — carries your account, messages, and media. Not operated by Unikong.
  • Identity providers (Google, Microsoft, Apple, LINE, Facebook, WhatsApp, Keycloak) — if you sign in through them.
  • xAI Corp (Grok API) — translates your messages when you have granted consent.
  • Firebase Cloud Messaging (Google LLC) and Apple Push Notification service (Apple Inc.) — deliver push notifications.
  • Firebase Crashlytics (Google LLC) — receives crash diagnostics from release builds.
  • Jitsi Meet (8x8, Inc.) — hosts group video calls.
  • Amazon Web Services (Amazon.com, Inc.) — provides infrastructure for the homeserver.

Each of these third parties has its own terms and privacy policy. Unikong is not responsible for their acts or omissions, except to the extent of our own obligations under our contracts with them. Full details of what data flows to whom are in the privacy policy.

9. Fees

Whim may be offered to individual users free of charge or through a paid plan negotiated with an enterprise customer. If your access is provided under a paid plan, the specific fees, billing terms, and any minimum commitments will be set out in a separate order form or service agreement between Unikong (or its reseller) and your organisation. Those documents prevail over these Terms for any conflict regarding payment.

We reserve the right to change pricing for future billing periods with reasonable advance notice.

10. Privacy

Use of the Service is subject to the Whim Privacy Policy, which describes what data we and our processors collect, how it is used, with whom it is shared, how long it is kept, and the rights you have over it (including the right to delete your account). By accepting these Terms, you acknowledge you have read the privacy policy.

11. Suspension and termination

11.1 By you

You may stop using Whim at any time. You may delete your account from Settings › Account › Delete Account inside the app, or by emailing [email protected] with your Matrix user ID. See the privacy policy §9 and the Delete Account page for details about what is deleted and retained.

11.2 By us

We may suspend or terminate your access to Whim, with or without notice, if we believe in good faith that:

  • You have materially breached these Terms (including the Acceptable Use Policy);
  • Continuing to provide the Service to you would expose Unikong, users, or a third party to legal or security risk; or
  • We are required to do so by law, court order, or a binding regulatory directive.

Where termination is not for a material breach, we will make reasonable efforts to give you prior notice so you can export or otherwise access your content.

11.3 Effect of termination

On termination, your right to use the Service ends immediately. Sections that by their nature should survive termination (e.g. §6.1 ownership, §7 our marks, §12 warranty disclaimer, §13 liability cap, §15 governing law) will survive.

12. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND. We specifically disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Service will be uninterrupted, error-free, secure against every possible attack, or that translations will be fully accurate. You should not rely on AI-generated translations for legally binding or safety-critical communications without independent review.

Messages sent in rooms that are not end-to-end encrypted are visible to the homeserver operator and, for translation, to the AI provider. You acknowledge this trade-off; where end-to-end encryption is a contractual requirement for your use case, contact Unikong about an on-premise deployment.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  • Unikong will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenues, data, business opportunities, goodwill, or anticipated savings, arising out of or in connection with your use of the Service — even if we have been advised of the possibility of such damages.
  • Our total aggregate liability to you for all claims arising out of or in connection with the Service or these Terms is limited to the amount you have paid Unikong for the Service in the twelve (12) months preceding the event giving rise to the claim, or USD 100, whichever is greater.
  • Nothing in this section limits liability that cannot be excluded or limited by applicable law (including, where relevant, fraud, gross negligence, death, or personal injury caused by negligence, and any liabilities under Thailand's Personal Data Protection Act that cannot be waived by contract).

14. Indemnification

You agree to defend, indemnify, and hold Unikong and its officers, directors, employees, and contractors harmless from any claim, liability, loss, or expense (including reasonable legal fees) arising out of: (a) your use of the Service in breach of these Terms; (b) Your Content; (c) your violation of a third party's rights; or (d) your violation of applicable law. We will notify you of any claim and cooperate reasonably in the defence.

15. Governing law and dispute resolution

These Terms are governed by the laws of the Kingdom of Thailand, without regard to its conflict-of-laws rules.

Any dispute arising out of or in connection with these Terms, including any question about its existence, validity, or termination, will be submitted to the exclusive jurisdiction of the courts of Bangkok, Thailand — unless, as a consumer residing outside Thailand, your local law guarantees you the right to bring proceedings in your country of residence, in which case that right is preserved.

16. Changes to these Terms

We may update these Terms from time to time. If we make a material change, we will notify you in-app or by a prominent notice on the Unikong website, and update the "Last updated" date at the top. Continued use of the Service after the effective date of a change constitutes acceptance of the updated Terms. If you don't accept a change, stop using the Service and, if you like, delete your account.

17. Miscellaneous

  • Entire agreement. These Terms, the privacy policy, and any order form or service agreement we have signed with you, are the entire agreement between you and Unikong for use of the Service.
  • Severability. If any provision is found unenforceable, the rest remains in effect.
  • No waiver. Our not enforcing any provision doesn't waive our right to enforce it later.
  • Assignment. You may not assign or transfer these Terms. We may assign them to a successor in connection with a merger, acquisition, or sale of substantially all our assets.
  • Notices to Unikong should be sent to [email protected].

18. Contact

Unikong Co., Ltd.
Registered in Thailand