WhatScent
WhatScent

Terms of Service

Please read these terms carefully before using WhatScent. By using our service, you agree to be bound by these terms.

Last updated: September 2025

Introduction

These Terms of Service ("Terms") govern your use of WhatScent's fragrance discovery platform, mobile application, and website (collectively, the "Service"). These Terms constitute a legally binding agreement between you and WhatScent ("Company," "we," "us," or "our").

By accessing or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Service.

Contact Us: legal@whatscent.app

Acceptance of Terms

By accessing and using WhatScent, you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

Age Restriction

Our Service is not intended for individuals under 18 years of age. By using our Service, you represent and warrant that you are at least 18 years old. If you are under 18, you may not use our Service. Parents and guardians are responsible for monitoring and guiding their children's online activities.

Description of Service

WhatScent is an AI-powered fragrance discovery platform that provides:

  • • Personalized scent recommendations based on user preferences
  • • Community-driven fragrance reviews and ratings
  • • Scent journaling and tracking features
  • • Educational content about perfumery and fragrance notes

User Accounts

To access certain features of our Service, you may need to create an account:

  • • You are responsible for maintaining the confidentiality of your account credentials
  • • You must provide accurate and complete information when creating your account
  • • You are responsible for all activities that occur under your account

User Conduct

You agree to use our Service responsibly and in accordance with applicable laws and regulations.

Prohibited Activities

  • • Violating any applicable laws or regulations
  • • Infringing on intellectual property rights
  • • Posting harmful, offensive, or inappropriate content
  • • Attempting to gain unauthorized access to our systems
  • • Interfering with other users' experience

Permitted Uses

  • • Personal, non-commercial use of the service
  • • Sharing your genuine fragrance experiences and reviews
  • • Engaging with the community respectfully
  • • Providing constructive feedback to improve our service

Content and Intellectual Property

User-Generated Content

You retain ownership of content you submit to WhatScent, but you grant us a license to use, display, and distribute your content in connection with our Service.

⚠️ Your Responsibility: You are solely responsible for ensuring that your content does not infringe any third-party intellectual property rights, including copyrights, trademarks, or other proprietary rights. WhatScent does not endorse, verify, or guarantee the accuracy, legality, or quality of user-generated content.

🚫 Platform Rights: WhatScent reserves the right to remove, modify, or refuse to display any user content that we reasonably believe violates these Terms, infringes intellectual property rights, or is otherwise objectionable. We may also terminate or suspend your account if you repeatedly submit infringing content.

⚖️ Copyright Protection: We comply with the Digital Millennium Copyright Act (DMCA) and other applicable copyright laws. If you believe your copyright has been infringed by user content on our platform, please contact our legal team at legal@whatscent.app. We will forward valid DMCA notices to the content uploader, who will be responsible for responding to and resolving the claim directly with you. As a platform, we facilitate the DMCA process but do not mediate disputes between users and copyright holders.

Our Intellectual Property Rights

The Service and its original content, features, functionality, databases, algorithms, software, trademarks, trade dress, and all intellectual property are owned by WhatScent and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

⚠️ Copyright Protection: All WhatScent content is protected by international copyright law. Unauthorized use may result in legal action.

Limited License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your personal, non-commercial use. This license does not include any right to copy, modify, distribute, sell, lease, or create derivative works of our content.

Scraping and Automated Access Prohibited

Any attempt to scrape, crawl, index, copy, aggregate, or otherwise extract data from our website or mobile application through automated means is strictly prohibited and constitutes a violation of these Terms. This includes but is not limited to:

  • • Using web scrapers, bots, spiders, or other automated tools
  • • Creating databases or collections of our content
  • • Systematic downloading or copying of our content
  • • Circumventing any technical measures we use to prevent unauthorized access

Such activities are illegal under international law, including UAE Federal Law No. 5 of 2012 on Combating Cybercrimes and DIFC's regulatory framework, and may result in civil damages, criminal penalties, and injunctive relief. UAE law provides strong protections for digital content and automated access violations.

Legal Protection: UAE Federal Law No. 5 of 2012 on Combating Cybercrimes and DIFC's Data Protection Law provide robust protections against unauthorized access and data scraping, with penalties up to AED 1,000,000 and/or imprisonment. DIFC Courts offer specialized commercial dispute resolution for digital content violations.

Content Usage and Licensing

All content on WhatScent, including but not limited to text, images, fragrance data, reviews, articles, software, database structures, user interfaces, and all creative elements, is protected by copyright, trademark, database rights, and other intellectual property laws worldwide. WhatScent owns all rights, title, and interest in and to the Service and all content. You may not:

  • • Copy, reproduce, or distribute our content without express written permission
  • • Use our content for commercial purposes without a licensing agreement
  • • Modify, adapt, or create derivative works from our content
  • • Republish or display our content on other websites or platforms
  • • Reverse engineer, decompile, or attempt to extract source code
  • • Use automated tools to extract or harvest our content or data
  • • Remove or alter copyright notices, trademarks, or other proprietary rights

For commercial use of our content, contact us at licensing@whatscent.app to discuss licensing terms and fees. Unauthorized commercial use constitutes copyright infringement and may result in legal action.

🔒 Originality Statement: All WhatScent content is original and independently created. Any similarity to third-party content is coincidental. We maintain detailed records of our creative process and development timeline.

📝 Attribution: If attribution is ever required for any permitted use, it must include: '© WhatScent. Used with permission.' and link back to whatscent.app

Copyright Infringement

We respect intellectual property rights and respond to valid copyright infringement notices. If you believe your copyright has been infringed, please contact our legal team at legal@whatscent.app with the required information and supporting documentation. For valid and complete claims involving user-generated content, we will forward the notice to the content uploader, who will be responsible for responding and resolving the claim directly with you. For claims involving WhatScent's original content, please note that all our content is independently developed through our own research and creative processes. Any claimed similarity to third-party content is purely coincidental and does not constitute infringement. We maintain comprehensive documentation of our development process and chain of title.

Copyright Protection and Chain of Title

🏛️ Ownership: WhatScent maintains exclusive ownership of all intellectual property rights in our platform, including but not limited to copyrights, trademarks, trade secrets, and database rights. Our content is independently developed and we maintain complete chain of title documentation.

🎨 Independent Creation: All WhatScent content is created independently through our own research, development, and creative processes. Any claimed similarity to third-party content is purely coincidental and does not constitute infringement.

🛡️ Legal Defenses: In any copyright dispute, WhatScent reserves the right to assert all available defenses including but not limited to: independent creation, scènes à faire, merger doctrine, fair use/fair dealing, and any other applicable legal doctrines.

🌍 International Protection: Our content is protected under international copyright treaties including the Berne Convention and TRIPS Agreement.

📋 Documentation: We maintain comprehensive records of our development process, including design documents, code repositories, content creation timelines, and creative decisions that establish our independent rights.

Counterclaims and Affirmative Defenses

In the event of any intellectual property claim against WhatScent, we reserve the right to assert counterclaims and affirmative defenses, including but not limited to:

  • • Declaratory judgment of non-infringement and invalidity of any asserted patents or copyrights
  • • Unfair competition and false advertising claims
  • • Abuse of process and frivolous litigation claims
  • • Claims for attorneys' fees and costs under applicable fee-shifting statutes
  • • Anti-SLAPP claims where applicable (Strategic Lawsuit Against Public Participation)

⚖️ Exclusive Venue: Any intellectual property dispute shall be resolved exclusively through DIFC arbitration in Dubai, UAE, regardless of any attempt to file in other jurisdictions.

Privacy

Your privacy is important to us. Please review our Privacy Policy, which also governs your use of the Service, to understand our practices regarding the collection and use of our information.

Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including breach of these Terms:

  • • Upon your request to delete your account
  • • For violation of these Terms or applicable laws
  • • For any other reason at our sole discretion

Consequences of Violations

Violations of these Terms, including but not limited to scraping, unauthorized copying, or commercial use of our content, may result in:

  • • Immediate termination of your account and access to our services
  • • Legal action for copyright infringement, breach of contract, or other violations
  • • Civil penalties and damages as permitted by law
  • • Criminal prosecution where applicable under international law
  • • Permanent IP address blocks and technical measures to prevent access

⚠️ By using our Service, you acknowledge that unauthorized scraping, copying, or commercial use of our content constitutes theft of intellectual property and may be prosecuted to the full extent of the law.

Indemnification

You agree to indemnify, defend, and hold harmless WhatScent, its officers, directors, employees, agents, licensors, and suppliers from and against all claims, demands, actions, or other proceedings brought against us by third parties, including but not limited to copyright infringement claims:

  • • Due to or arising out of your use of the Service
  • • Due to your violation of these Terms or applicable laws
  • • Due to your violation of any rights of another party, including intellectual property rights
  • • Due to any content you submit or make available through the Service

This indemnification obligation survives termination of these Terms and your use of the Service. You agree to cooperate fully in the defense of any such claims.

Disclaimers

Service Disclaimer

The Service is provided on an "as is" and "as available" basis. We do not warrant that the Service will be uninterrupted, error-free, or free from viruses or other harmful components.

Content Accuracy

While we strive to provide accurate fragrance information, we do not guarantee the accuracy, completeness, or reliability of user-generated content or third-party information.

Limitation of Liability

In no event shall WhatScent, its directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages arising out of your use of the Service:

  • • Maximum liability limited to the amount paid by you in the 12 months preceding the claim
  • • No liability for lost profits, data, or business interruption
  • • No liability for user-generated content or third-party services

Governing Law and Jurisdiction

These Terms shall be interpreted and governed by the laws of Dubai, UAE (specifically DIFC laws), without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in Dubai administered by the Dubai International Arbitration Centre (DIAC) under the Arbitration Rules of the Dubai International Arbitration Centre, including the Supplementary Procedures for the Resolution of International Disputes.

⚠️ IMPORTANT LEGAL WAIVERS

YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS, COLLECTIVE ACTIONS, OR REPRESENTATIVE ACTIONS AGAINST WHATSCENT. ALL CLAIMS MUST BE BROUGHT INDIVIDUALLY IN ARBITRATION.

YOU WAIVE YOUR RIGHT TO A JURY TRIAL FOR ANY CLAIMS AGAINST WHATSCENT.

🏛️ DIFC Arbitration Benefits: Arbitration provides a faster, more cost-effective, and confidential method of dispute resolution compared to traditional litigation, while maintaining all substantive rights.

Force Majeure

WhatScent shall not be liable for any failure or delay in performance under these Terms which is due to fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, or any other cause beyond our reasonable control.

In the event of force majeure, we will provide reasonable notice to you and take commercially reasonable efforts to resume performance as soon as practicable.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from these Terms and the remaining provisions shall remain in full force and effect.

The invalidity of any provision shall not affect the validity or enforceability of any other provision, and the court may modify the invalid provision to make it valid and enforceable to the maximum extent permitted by law.

Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and WhatScent concerning the Service and supersede all prior agreements, understandings, and arrangements.

No modification, amendment, or waiver of these Terms shall be binding unless in writing and signed by authorized representatives of both parties.

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or through our Service. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

Contact Information

If you have any questions about these Terms, please contact us:

Email: legal@whatscent.app

Licensing Inquiries: licensing@whatscent.app