These Terms of Service (“Terms”) are a binding agreement between you and Whiteout Privacy LLC (“Whiteout,” “we,” “us,” or “our”), a Wyoming limited liability company, governing your access to and use of the Whiteout website, services, and platform (collectively, the “Service”).
Please read these Terms carefully. They include an arbitration clause and a class action waiver. By submitting a case, creating an account, or otherwise using the Service, you agree to these Terms.
Whiteout is a content-removal service for adult victims of non-consensual intimate imagery, including real, manipulated, and AI-generated (“deepfake”) content. We use facial-recognition and reverse-image discovery, automated submissions under the federal Take It Down Act and analogous platform policies, and search-engine deindex requests to identify and seek removal of unauthorized intimate imagery depicting you.
Whiteout is not a law firm. We do not provide legal advice. Use of the Service does not create an attorney–client relationship. Nothing in any communication from us — including resolution reports — is legal advice. For legal advice, consult a licensed attorney.
Whiteout is not a substitute for law enforcement, a crisis line, a therapist, or NCMEC. We do not investigate crimes, contact law enforcement on your behalf, pursue perpetrators, or provide clinical or mental-health services.
Whiteout does not guarantee removal of any specific content. Removal decisions are made by platforms, search engines, hosts, and registrars, not by Whiteout. We submit and escalate; we do not control the outcome.
To use the Service you must:
Adults only. Whiteout does not provide a removal service for imagery depicting any person under 18, including imagery depicting you when you were under 18. If you discover during use of the Service that any imagery depicts a person under 18, you must stop using the Service and use the resources at takeitdown.ncmec.org. See Section 10.
A one-time, flat-fee removal engagement (“Resolution”) that includes:
An ongoing subscription service (“Protection”) that includes weekly automated re-search, a defined volume of additional takedown actions per the applicable plan, periodic threat reports, and email alerts. Plan terms and limits are described at purchase.
The following are not part of the Service unless we expressly agree in writing:
We may modify, suspend, or discontinue any part of the Service. We will give you reasonable notice of material changes that affect a pending case and, if we discontinue a paid feature you have purchased, a prorated refund or equivalent credit.
The Service depends on third-party search engines, platforms, hosting providers, payment processors, and other services that Whiteout does not control. These services may change their interfaces, policies, reporting procedures, or technical infrastructure at any time, with or without notice. As a result:
We will use commercially reasonable efforts to maintain Service availability and to adapt to third-party changes, but we do not guarantee uninterrupted access, any specific throughput, or any specific outcome from third-party recipients of our submissions.
To perform the Service, you grant us the following limited, revocable authority:
You appoint Whiteout as your limited agent for the sole purpose of submitting removal demands, takedown notices, statutory notices under the Take It Down Act, platform abuse reports, DMCA notices (where you hold or are authorized to enforce the relevant copyright), and search-engine deindex requests, in your name and on your behalf, with respect to the imagery and surfaces identified in your case.
You authorize us to sign electronic submissions on your behalf and to make truthful statements of fact required by those submissions, based on the information you provide and the imagery and identity documents you submit.
You retain the right to revoke this authorization at any time by contacting us at legal@getwhiteout.com. Revocation does not affect submissions already made and does not entitle you to a refund unless the conditions in Section 7 are met.
You grant Whiteout a non-exclusive, worldwide, royalty-free license to use the imagery you submit (and derivative perceptual hashes, embeddings, and cropped reference images) solely to:
This license terminates with respect to the underlying imagery at the earliest of (a) case closeout for customers without an active Protection subscription, (b) cancellation of your Protection subscription, (c) deletion of your account, or (d) earlier deletion at your request. Perceptual hashes and embeddings derived from your imagery may be retained for the limited purposes described in our Privacy Policy (matching and monitoring continuity).
We will not use your imagery to train models, sell or share with advertisers, publish, or use for any purpose other than performing the Service. Third-party processors that handle your imagery are bound by contractual restrictions consistent with this section. See the Privacy Policy for the current list.
You authorize Whiteout to engage one or more sub-agents, affiliated entities, contracted attorneys, or third-party processors to perform some or all of the submission and enforcement actions authorized under this Section 4 on your behalf. Any sub-agent or affiliate we engage will be subject to confidentiality and data-handling obligations consistent with these Terms and our Privacy Policy. The authority of any sub-agent or affiliate is no broader than the authority you have granted to Whiteout, and Whiteout remains responsible to you for the actions of any sub-agent it engages under this section.
By submitting a case, you represent and warrant that:
These representations are material. Breach is grounds for immediate termination and may result in liability under Section 12.
Resolution is sold at a flat one-time fee of $349 USD (or the price displayed at checkout if different). Payment is due at intake and is processed by Stripe, Inc. The fee covers the scope described in Section 3.1.
Protection is sold as a monthly or annual subscription at the prices displayed at purchase. Subscriptions auto-renew at the end of each term until canceled. You may cancel at any time from your dashboard or by contacting support@getwhiteout.com. Cancellation takes effect at the end of the current billing period; we do not prorate refunds for partial periods except as required by law.
Prices are exclusive of any applicable sales, use, or VAT taxes, which will be added if required.
If a payment fails or is reversed, we may suspend or terminate your access to the Service and to any in-progress case until the balance is resolved.
Introductory or promotional rates (including the introductory annual Protection rate offered to recent Resolution customers) are subject to the terms displayed at the time of purchase.
If, within 14 days of paying the Resolution fee and before substantial discovery has run on your case, we determine that your case falls materially outside the scope described in Section 3 — for example, the imagery does not exist on surfaces we can reach, the case requires legal mechanisms we do not offer, or eligibility cannot be verified — you are entitled to a full refund of the Resolution fee.
To request a scope-mismatch refund, email support@getwhiteout.com within 14 days of payment.
We do not refund the Resolution fee on the basis that specific removal demands were unsuccessful, that content remained online, or that the depicted content reappeared after removal. Removal outcomes are not within our control, as stated in Section 1.1.
Nothing in this Section limits any non-waivable refund right you have under applicable consumer-protection law.
You agree not to:
We may suspend or terminate your account, refuse to perform any submission, and refer the matter to authorities if we determine in good faith that you have breached this Section.
Refusal of Service. Separately from the breach grounds above, we may decline to accept a case, refuse to perform any specific submission, or terminate a case at any time, with or without stated reason, including based on concerns identified during intake or casework that fall short of a specific breach above. If we refuse service for a case for which you have prepaid, you are entitled to a full refund of amounts paid for unperformed service.
Identity verification is required and is performed by Stripe Identity under Stripe's terms and privacy policy. You consent to Stripe's processing of your identity documents and biometric information necessary to verify your identity. We receive only the verification result and limited demographic confirmation; we do not retain copies of government-issued ID documents. See our Privacy Policy.
We may, at our discretion, request additional information or documentation to verify (a) that you are the person depicted in the imagery you have submitted, (b) that you have the authority to act on behalf of an adult depicted person, or (c) the accuracy of any claim or representation you have made. Additional verification may include a recent dated photograph, supplementary identification, written authorization from a depicted person, or other documentation reasonably tailored to the verification question. We may decline to perform the Service, or to perform any specific submission, until requested verification is satisfactorily provided.
We may decline to perform the Service, or terminate a case in progress, if identity verification fails, expires, is materially inconsistent with the depicted person in the submitted imagery, or if additional verification requested under Section 9.2 cannot be completed. In such cases, the refund terms in Section 7 apply.
The Service does not handle imagery depicting any person under 18.
If, at any point during intake, discovery, or casework, we identify imagery that depicts or appears to depict a person under 18 — including AI-generated content depicting a person who appears under 18 — we will:
Submitting imagery depicting a minor is a material breach of Section 5 and may carry criminal exposure under federal and state law. Do not submit such imagery.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WHITEOUT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT:
NOTHING IN THE SERVICE IS LEGAL, MEDICAL, OR MENTAL-HEALTH ADVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW:
Some jurisdictions do not allow these limitations; in those jurisdictions, the foregoing limitations apply to the maximum extent permitted by law.
You will indemnify and hold harmless Whiteout, its affiliates, officers, employees, contractors, and agents from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
We will give you prompt notice of any indemnified claim, allow you to control the defense (subject to our reasonable cooperation), and not settle without your consent (not to be unreasonably withheld).
You may terminate by closing your account and ceasing use of the Service. We may suspend or terminate your access at any time, with or without notice, for any reason, including breach of these Terms. Sections that by their nature should survive termination — including Sections 4.2 (license, for retained derivatives only), 5, 7, 8, 10, 11, 12, 13, 15, 16, and 19 — will survive.
Please read this Section carefully. It affects your legal rights.
Before initiating any formal proceeding, you and Whiteout will attempt to resolve the dispute informally by contacting legal@getwhiteout.com with a written description of the dispute. The parties will negotiate in good faith for at least 60 days before initiating arbitration.
Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved informally will be resolved by binding individual arbitration. Arbitration will be conducted remotely. The arbitrator's decision will be final and binding.
You and Whiteout agree to bring claims only in an individual capacity, not as a plaintiff or class member in any purported class, collective, or representative action. The arbitrator may not consolidate more than one person's claims.
This Section does not require arbitration of claims for injunctive relief related to intellectual property or any claim that may be brought in small claims court. Either party may seek emergency injunctive relief in court pending arbitration.
You may opt out of this arbitration agreement by emailing legal@getwhiteout.com within 30 days of first agreeing to these Terms, with the subject “Arbitration Opt-Out” and your full name and account email.
By using the Service, you consent to:
You agree that electronic signatures and records satisfy any legal requirement that a record be in writing, signed, or retained in original form, including under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN), the Uniform Electronic Transactions Act (UETA) as adopted by your state, and any analogous law.
You may withdraw this consent by closing your account, but withdrawal will end your ability to use the Service. To request a paper copy of any electronic record we maintain about you, email legal@getwhiteout.com; we may charge a reasonable cost-recovery fee for the production.
Consumer Rights Notice (California Civil Code § 1789.3). California residents are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
Additional Privacy Rights. California residents have additional rights under the California Consumer Privacy Act and the California Privacy Rights Act, including rights to access, delete, correct, and limit the use of sensitive personal information. Those rights and how to exercise them are described in our Privacy Policy.
We will not be liable for any delay or failure to perform any part of the Service caused by circumstances beyond our reasonable control, including natural disasters, pandemics, fires, floods, earthquakes, acts of terrorism, war, civil unrest, government or law-enforcement action, labor disputes, internet or telecommunications outages, major outages or policy changes by infrastructure providers or third-party platforms we rely on, or other events of force majeure. We will resume performance as soon as reasonably practicable after the event ends. If a force majeure event materially prevents us from performing an open case for more than 30 consecutive days, you may terminate the affected case and receive a prorated refund of any prepaid fees for unperformed service.
Whiteout Privacy LLC
30 N Gould St STE R Sheridan, WY 82801
Legal: legal@getwhiteout.com
Support: support@getwhiteout.com