Terms of Service

1. Acceptance of Terms

By accessing or using Whisp, you agree to be bound by these Terms of Service. If you do not agree to these terms, you may not use the service. Whisp reserves the right to modify these terms at any time, and your continued use of the service constitutes acceptance of any changes.

2. Eligibility

You must be at least 13 years of age to use Whisp. By using the service, you represent and warrant that you meet this age requirement. If you are under 18, you represent that you have your parent or guardian's permission to use Whisp. Users under 13 are strictly prohibited from using the service.

3. Account and Authentication

Whisp uses Discord for authentication. By signing in with Discord, you authorize us to access and collect certain information from your Discord account, including your Discord username, user ID, email address, and profile picture. You are responsible for maintaining the security of your Discord account and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4. Service Description

Whisp is a privacy-first ephemeral messaging platform that allows users to share photos and videos with their friends. All media shared through Whisp is automatically and permanently deleted from our servers immediately after it has been viewed by the recipient. Once deleted, content cannot be recovered by Whisp or any user. While we delete content from our servers immediately upon viewing, we cannot control what recipients do with content before or during viewing, including taking screenshots or using external recording devices.

5. User Content and Conduct

You are solely responsible for the content you share through Whisp. You agree not to use Whisp to share, upload, transmit, or otherwise make available any content that:

• Is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Violates any local, state, national, or international law or regulation
• Infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party
• Contains unsolicited or unauthorized advertising or spam
• Contains software viruses or any other malicious code designed to interrupt, destroy, or limit the functionality of any software or hardware
• Impersonates any person or entity or misrepresents your affiliation with a person or entity
• Involves the transmission of sexually explicit content involving minors
• Harasses, threatens, or promotes violence against any individual or group

Whisp reserves the right to remove any content and terminate any user account that violates these terms, at our sole discretion and without prior notice.

6. Intellectual Property

You retain all rights to the content you share through Whisp. However, by using the service, you grant Whisp a limited, non-exclusive, royalty-free license to store, process, and transmit your content solely for the purpose of providing the service. This license terminates when your content is deleted from our servers. The Whisp service, including its design, functionality, and underlying technology, is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or reverse engineer any part of the service without our express written permission.

7. Termination Rights

You may terminate your Whisp account at any time by deleting your account through the app settings. When you delete your account, all information we have stored about you, including your account data and friend connections, will be permanently deleted from our servers. Whisp reserves the right to suspend or terminate your access to the service at any time, with or without cause, and with or without notice. Upon termination, your right to use the service will immediately cease. Whisp is not liable to you or any third party for any termination of your access to the service.

8. Disclaimers and Limitation of Liability

WHISP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WHISP DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHISP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

• Your access to or use of or inability to access or use the service
• Any conduct or content of any third party on the service
• Any content obtained from the service
• Unauthorized access, use, or alteration of your transmissions or content

IN NO EVENT SHALL WHISP'S AGGREGATE LIABILITY EXCEED THE AMOUNT YOU PAID TO WHISP IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.

9. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with applicable law, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of Whisp shall be resolved through binding arbitration, except that either party may seek injunctive relief in court for violations of intellectual property rights.

10. Changes to Terms

Whisp reserves the right to modify these Terms of Service at any time. We will notify users of material changes by posting the updated terms on this page and updating the "Last Updated" date. Your continued use of the service after such changes constitutes your acceptance of the new terms.

11. Contact

If you have any questions about these Terms of Service, please contact us through our Discord server.