This Terms of Service ("Terms") constitutes a legally binding contract between you and 21st Q LTD, a Nevada limited liability company (referred to herein as "Wisp," "we," "us," or "our"). By accessing or using the Wisp application ("App") or our website, you agree to be bound by these Terms.
1. Acceptance & Age Requirements
1.1 Binding Agreement
By creating an account, you agree to these Terms and our Privacy Policy. If you do not agree, you must immediately cease all use of the Service.
1.2 Minimum Age (18+)
Wisp hosts not-safe-for-work (NSFW) content and facilitates financial transactions. You must be at least eighteen (18) years of age to create an account or use the Service. We reserve the right to request proof of age at any time and will terminate accounts found to be in violation.
1.3 Nevada-Specific Authorization
By proceeding, you provide your separate and specific authorization for the binding arbitration clause required by NRS 597.995, found in Section 9.
2. Services & AI-Simulation Notice
2.1 Machine-Generated Fiction
Wisp is a playground for AI-generated media. All profiles, voices, and "selfies" are machine-made fabrications. Any resemblance to real persons or events is coincidental and does not imply participation or endorsement.
2.2 NSFW-Friendly Environment
The AI models utilized by Wisp are permissive toward sexual themes, profanity, and fantasy scenarios. You acknowledge and accept the risk of encountering explicit or unpredictable material.
2.3 AI Content Labeling
To comply with 2026 transparency standards, 21st Q LTD may embed metadata or visible watermarks (e.g., "AI-Generated") into any content produced by the App. You agree not to remove, alter, or obscure these markers.
2.4 Zero Professional Reliance
AI Content is provided for entertainment only and must not be treated as medical, legal, financial, or safety-critical advice.
3. Medical & Safety Disclaimer
Wisp is not a crisis or medical service. If you believe you may harm yourself or others, stop using the App and contact emergency services (e.g., 911 in the USA) or a crisis hotline immediately.
4. Creator Program & Revenue Share
4.1 The 50/50 Split
Verified Creators earn revenue from user interactions and subscriptions. 21st Q LTD retains 50% of all gross revenue as a Platform & Compute Fee to cover GPU infrastructure, manual verification, and hosting costs. The remaining 50% is credited to the Creator.
4.2 Payout Thresholds
Creators may request a payout once their account balance exceeds $50.00 USD.
4.3 Chargeback & Refund Liability
Creators are responsible for chargebacks. If a transaction is disputed, the full amount plus any bank-imposed fees will be deducted from the Creator's balance.
4.4 Tax Obligations
Creators are independent contractors. You are responsible for all taxes and must provide a W-9 or W-8BEN form upon request to receive payouts.
5. Mandatory Creator Verification (KYC)
To prevent non-consensual intimate imagery (NCII), 21st Q LTD requires identity verification for creators of photorealistic NSFW characters.
5.1 Verification Trigger
Verification is mandatory if a character is designated as realistic, has NSFW enabled, and the user is not yet approved.
5.2 Manual Submission Process
You must provide: (a) your full legal name; (b) a clear photo of a government-issued ID; and (c) a "selfie" holding said ID where both your face and the ID are legible. All submissions are reviewed manually by our administrators.
5.3 The Three-Strike Policy
- Pending Status: Characters awaiting review will remain "Pending" and will not be publicly visible.
- Rejections: You may fix issues and resubmit up to three (3) total attempts.
- Permanent Ban: After the third failed attempt, your account will be permanently banned from creating realistic NSFW content.
5.4 Biometric Data Retention
Wisp stores ID data in encrypted storage. All biometric identifiers are permanently destroyed within thirty (30) days of account deletion.
6. LoRA & Training Content Warranty
By uploading images to train a custom AI model (LoRA), you represent and warrant that:
- The training data depicts yourself or is entirely machine-generated.
- You will not create "intimate images" of real persons without express written consent, a violation of Nevada NRS 200.780.
- Any content depicting minors in an explicit context will result in immediate termination and referral to law enforcement per NRS 200.725.
7. Ownership & Intellectual Property
7.1 21st Q LTD IP
All App interfaces, custom-built AI models, workflow logic, and trademarks are the exclusive property of 21st Q LTD.
7.2 User Content License
You retain ownership of your uploads, but you grant 21st Q LTD an irrevocable, worldwide, royalty-free license to host, store, reproduce, and modify that content to provide and improve the Service.
7.3 AI-Generated Content
All AI-generated content is owned by 21st Q LTD. We grant you a revocable license to share this content for non-commercial purposes, subject to these Terms.
8. Limitation of Liability
To the maximum extent permitted by law, 21st Q LTD's total aggregate liability shall not exceed the greater of one hundred U.S. dollars ($100) or the fees paid by you to us during the six months preceding the event.
9. Dispute Resolution & Binding Arbitration
9.1 Governing Law
These Terms are governed by the laws of the State of Nevada.
9.2 Binding Arbitration (NRS 597.995)
PURSUANT TO NRS 597.995, YOU PROVIDE YOUR SPECIFIC AUTHORIZATION TO RESOLVE ANY DISPUTE THROUGH BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION (AAA) IN CLARK COUNTY, NEVADA. YOU ACKNOWLEDGE THAT YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY AND YOUR RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT.
10. Termination
We may suspend or terminate your account at our sole discretion for violations of these Terms, including but not limited to the creation of non-consensual deepfakes or repeated failed verification attempts.
If you have read and accepted these Terms, welcome to Wisp.
Entity: 21st Q Ltd., 6980 O Banno Dr., Las Vegas, Nevada 89117 USA
Contact: info@getwisp.app
Last updated: March 31, 2026