Terms and Conditions

Last updated: 2026-02-05

These Terms and Conditions (“Terms”) govern your access to and use of Whirligig, operated by Giggling Enterprises LLC (“we,” “us,” or “our”). By creating an account, purchasing a subscription, or using the Service, you agree to these Terms.

1. The Service

   Whirligig is a subscription-based web application that provides access to features, tools, and content available through the Service (the “Service”). An active paid subscription is required to access paid features.

   We may update, modify, or discontinue any part of the Service at any time.

2. Eligibility

   You must be at least 18 years old and able to form a legally binding contract to use the Service. By using the Service, you represent that you meet these requirements.

3. Accounts

   You are responsible for maintaining the security of your login credentials and for all activity that occurs under your account.

   You agree to provide accurate and current information and to keep it updated. We may suspend or terminate accounts that violate these Terms.

4. Subscription Plans and Billing

   The Service is offered on a monthly, quarterly, or annual subscription basis, as selected at checkout.

   Subscriptions are billed in advance and automatically renew at the end of each billing cycle unless canceled.

   You authorize us to charge your selected payment method for all fees, taxes, and renewals.

   All fees are non-refundable, except where required by law.

   We may change pricing or plan features with advance notice.

   If a payment fails, access to the Service may be suspended until payment is received.

5. Cancellation

   You may cancel your subscription at any time through your account dashboard.

   Cancellation stops future charges but does not refund the current billing period. You will continue to have access until the end of your paid term.

6. Acceptable Use

   You agree not to:

   • Use the Service for illegal or unauthorized purposes
   • Interfere with the Service or attempt to bypass security features
   • Copy, resell, or exploit any portion of the Service
   • Upload harmful, misleading, or unlawful content

   We may suspend or terminate access for violations.

7. User Content

   You retain ownership of the content you submit. By submitting content, you grant us a limited, non-exclusive license to use it solely to operate and provide the Service.

   You are responsible for the legality and accuracy of your content.

8. Intellectual Property

   All software, branding, and content provided by Giggling Enterprises LLC are owned by us or our licensors and are protected by U.S. and international laws. You may not copy, modify, or distribute any part of the Service without permission.

9. Disclaimers

   The Service is provided “as is” and “as available.” We make no warranties regarding uptime, accuracy, or reliability.

10. Limitation of Liability

    To the maximum extent permitted by law, Giggling Enterprises LLC will not be liable for any indirect, incidental, or consequential damages.

    Our total liability for any claim will not exceed the amount you paid to us in the 12 months before the claim arose.

11. Termination

    We may suspend or terminate your account if you violate these Terms or if required by law. Upon termination, your right to use the Service ends immediately.

12. Governing Law and Venue

    These Terms are governed by the laws of the State of Arizona, without regard to conflict of law principles. Any legal action must be brought in the state or federal courts located in Arizona.

13. Changes to These Terms

    We may update these Terms from time to time. Continued use of the Service after changes means you accept the updated Terms.

14. Arbitration and Waiver of Class Actions

    You and Giggling Enterprises LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration, rather than in court, except that either party may bring claims in small claims court if they qualify.

    Arbitration will be conducted by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will take place in Arizona, unless the parties agree otherwise.

    You and Giggling Enterprises LLC waive the right to participate in a class action, class arbitration, or representative action. Claims must be brought on an individual basis only.

15. DMCA Copyright Policy

    We respect the intellectual property rights of others and comply with the Digital Millennium Copyright Act (DMCA).

    If you believe that content on the Service infringes your copyright, you may submit a DMCA takedown notice to:

    Giggling Enterprises LLC Attn DMCA Takedown

    steve@phxrepairs.com

    Your notice must include:

    • Identification of the copyrighted work
    • Identification of the infringing material
    • Your contact information
    • A statement of good-faith belief
    • A statement, under penalty of perjury, that the information is accurate
    • Your physical or electronic signature

    We may remove content or terminate repeat infringers.

16. California Consumer Rights Notice

    Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice:

    If you have a complaint regarding the Service, you may contact:

    Giggling Enterprises LLC

    steve@phxrepairs.com

    You may also contact the California Department of Consumer Affairs Consumer Assistance Unit at:

    1625 North Market Blvd., Suite N-112, Sacramento, CA 95834

    or by telephone at (800) 952-5210.

17. Force Majeure

    We are not liable for delays or failures in performance resulting from events beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, internet outages, or government actions.

18. Severability

    If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.

19. Entire Agreement

    These Terms constitute the entire agreement between you and Giggling Enterprises LLC regarding the Service and supersede any prior agreements.

20. Contact

    For questions about these Terms, contact:

    Giggling Enterprises LLC

    steve@phxrepairs.com