ComplaintsforWhimsical Co

• Initial Complaint

  01/18/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  Sometime between the months of 1/01/21 and 03/01/23. My Personal Work Products were stolen by a malicious co-worker. - The work products are stored on this companys cloud software platform and I have no access to offline content. - The work products in question were paid for by my personal account and I have record of purchase through 11_2_20, - I have asked the company repeatedly to just restore the **** Workspace" back to this date as I was the clear Data owner. - The Company has refused citing that I am not the current payor for the data. (Find, just restore back to where I show that I was the owner.) They are refusing this as well. - The Company is citing this buried, hard to find "Terms of Service" that states that basically " You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account, whether or not you authorized that activity and whether such activities are caused by your Users or an third party that you permit to access or use the Services. (...) Our Services contain customizable settings that allow Users to give permission to other Users to perform various tasks within the Services (Permissions). It is Customers sole responsibility to set and manage all Permissions, including which Users can set such Permissions. Accordingly, Whimsical will have no responsibility for managing Permissions and no liability for the Permissions set by Customer and its Users. Customer represents and warrants that it is fully responsible for any breach of this Agreement by its Users and fully responsible for all payment obligations under this Agreement incurred by its Users." AGAIN - I am the victim of malicious intent and am just asking back for what I can prove is mine.

  Business response

  01/26/2023

  Whimsical and Customer have previously corresponded about this issue and Whimsicals position remains the same: Whimsical cannot restore Customers workspace as Customer is neither the Admin nor a Member of the workspace in question. Therefore, Customer does not own or have access to the content therein.

  Whimsicals position on workspace ownership and permissions is outlined in its Terms of Service (****************************************), which is linked at the bottom of every page on its website and expressly consented to by each user of ********************** both when an account is created and when material changes are made to the Terms of Service (****************************************).

  If Customer would like access to the workspace, they may reach out to the current Admin of the workspace who is the only party able to ***** such access. Whimsicals customer support team would be happy to assist Customer in contacting the current Admin to make this request. As Customer notes, this dispute is between Customer and their co-worker and not between Whimsical and Customer.

  Customer response

  01/31/2023

   
  Complaint: 18831941
  
  I am rejecting this response because I have photographic evidence to the fact that at one time I was the ***** and OWNER of the workspace.    ******************** can go back to the origin of the Workspace and see that it is my email that started it. 

  I am only asking for the content that I paid for.    Anything after that, I do not expect to see.  

  This vendor also buries their Terms of Use and they do not do anything to prove that the end user has seen and reviewed it.    They should change this policy.    This is beyond frustrating as I have lost 2 years of work at a cost of my annual salary which is 150K per year. 

  
  Sincerely,
  
  *******************

  Business response

  02/10/2023

  Whimsical confirms that Customer was previously the Admin for the workspace and that Customer then used the ********************** interface to add their colleague to the list of workspace Admins of the workspace in question. Thus, Whimsical transferred Admin (and billing) responsibilities to the current Admin (Customers former employer). Screenshots in the accompanying document show this.
  
  Whimsical respectfully disagree that its Terms of Service are buried. The Terms of Service are linked at the bottom of every page on the website and Customer affirmatively agreed to the Terms of Service on multiple occasions as documented by Whimsicals internal log, a screenshot of which is included in the accompanying document.
  Customer would have agreed to the Terms of Service in a workflow, which clearly lists the terms to which Customer is agreeing and links to each document. This workflow can be seen in the attached document.
  
  Whimsical understands that Customer wants historical access to the workspace. Whimsical reiterates that such access can only be granted by the current Admin of the workspace. Whimsicals customer support team would be happy to assist Customer in contacting the current Admin to make this request. As Customer notes, this dispute is between Customer and their former co-worker and not between Whimsical and Customer.

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