Welcome to Whispr!
Thank you for signing up to use our products, including the Whispr application(the “Whispr Platform”), website (the “Site”), and services, features, content, applications, and widgets offered on the Whispr Platform and Site (together, we’ll call these the “Services”). The Services are provided by Swipr Inc. (“Swipr,” “we,” “us,” or “our”). The term “you” or “User” refers to the person or entity accessing or otherwise using our Services.
The Whispr Platform is a mobile application that enables people to meet new friends. It is not a dating app and is not intended to be used as a matchmaking service.
I. Acceptance of the Present Terms & Conditions
Whispr is a platform that allows its users (“Users”) to post stickers and receive responses from friends via participating social media platforms.
II. Your Account
Account. You must register for an account (“Account”) on the Service. When registering for an Account, you agree that all information you provide to us will be accurate, truthful, current, and complete. Only one Account is permitted per User.
To create an Account, you must meet the following requirements:
- You are at least 17 years of age, and, if you are under 18 years of age (or the legal age of majority in your jurisdiction), you have the prior consent of your parent or legal guardian to use the Service
- You do not have more than one Account on the Service; and
- You have not previously been removed from the Service by us unless you have our express written permission to create a new Account.
Account Restrictions and Passwords. To access the Service, you will be asked to provide us with certain registration information. You agree to provide correct, current, and complete information. You are solely responsible for maintaining the confidentiality of any password you create on the Service. You should never share your password with third parties. If you believe that someone has gained access to your Account, you should notify us immediately at [email protected].
Unless expressly permitted in writing by Whispr, you may not sell, rent, lease, share or provide access to your Account to anyone else. Whispr reserves all available legal rights and remedies to prevent unauthorized use of and access to the Service.
Account Termination. We reserve the right to terminate your Account for any reason, at any time, at our sole discretion. For example, we may suspend or terminate your Account if we suspect you do not meet the eligibility requirements, become aware of any suspicious activity, or we believe the use of your Account violates these Terms or any applicable law. We may require you to verify your eligibility at any time. You acknowledge and agree that you will provide such information upon our request in order to continue to use the Service.
Closing Your Account. You may deactivate your Account at any time. To do so, please contact us at [email protected] stating your username and a request to deactivate your Account.
We reserve the right to modify or terminate the Service, your Account, or your access to the Service for any reason, without notice, at any time, and without liability to you. If we terminate your access to the Service or you deactivate your Account, your data (including your User Content) will no longer be accessible through your Account, but those materials and information may persist and appear within the Service. We also may terminate or suspend your participation in the Service, at our sole discretion.
If we decide to suspend, terminate or otherwise close your Account, you may not re-activate your Account or register for another Account unless we provide you with our prior written consent.
For purposes of this Agreement, the term "Content" includes, without limitation, any information, data, text, photographs and other images, videos, audio clips, written posts, articles, comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, "Content" also includes all User Content (as defined below).
User Content. All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively "User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent to us that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting from your actions. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate or available.
You are solely responsible for all User Content that you post. Whispr is not responsible for User Content nor does it endorse any opinion contained in any User Content.License. You grant whispr a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully-paid, worldwide license to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive and not enforce any "moral rights" or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
Availability of Content. We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) monitor, remove, edit, modify, or otherwise manipulate any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated this User Agreement), or for no reason at all and (ii) to remove or block any Content from the Services.
Whispr may, but has no obligation to, monitor, review, or edit User Content. In all cases, Whispr reserves the right to remove or disable access to any User Content for any or no reason, including User Content that, in Whispr ‘s sole discretion, violates this Agreement. Whispr may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST WHISPR RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD WHISPR HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
Feedback. If you provide feedback, ideas, or suggestions to Whispr in connection with the Service (including any User Content) ("Feedback"), you acknowledge that the Feedback is not confidential and you authorize Whispr to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.
You are responsible for maintaining the confidentiality of your login credentials you use to sign up for Swipr, and you agree that you are solely responsible (to us and to others) for the activity that occurs under your account. If you think someone has gained access to your account, please immediately contact us.
V. Intellectual Property
The Service is owned and operated by Whispr. By registering for an Account or by otherwise using the Service, you agree that all content, trademarks, and other proprietary materials and/or information on the Service, including, without limitation, Whispr’s logos, visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, photos, video, graphics, music, information, data, sound files, other files and the selection and arrangement thereof and all other materials (collectively, “Our Content”) are protected by copyright, trademark, patent, trade secret, and other laws, and, as between you and Whispr (and/or third-party licensors), Whispr owns and retains all rights, title, and interest in the Our Content and the Service.
All other trademarks, logos, and service marks (collectively, the “Service Marks”) are the exclusive property of Whispr (and/or third-party licensors) or other third parties. Nothing in these Terms grants you a license to use any of the Service Marks or any of the Whispr trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.
Unless otherwise expressly stated in writing by us, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable, revocable license to access and use the Service for your own personal use only, provided that, you acknowledge and agree that you do not acquire any ownership rights in or to the Service and/or Our Content or any of the Service Marks by accessing or otherwise using the Service. The license granted to you herein may be terminated by Whispr at any time, at its sole discretion. All rights not expressly granted in this Agreement are hereby expressly reserved by Whispr.
You will agree not to remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights or notices incorporated in or accompanying Our Content. Nothing contained on the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Our Content displayed on the Service, and you will not reproduce, modify, adapt, prepare derivative works from, perform, display, publish, distribute, transmit, broadcast, sell, license, or otherwise exploit any of Our Content without the written permission of Whispr or such third party that may own any Service Marks displayed on the Service.
VI. Community Guidelines
When you create an Account or otherwise use the Service, you acknowledge and agree that:
- You will abide by these Terms.
- You are responsible for keeping your Account password secret and secure.
- You are solely responsible for your conduct and for any activity that occurs through your Account.
- You agree that Whispr is not responsible or liable for the conduct of any User. Whispr reserves the right but has no obligation, to monitor or become involved in disputes between you and other Users.
- You are solely responsible for obtaining and maintaining all telephone, computer hardware, software, accessories, and other equipment needed for you to access and to use the Service.
- You will treat others with respect (including when communicating with any Whispr representatives or other employees).
- You will not impersonate any person or entity; falsely claim an affiliation with any person or entity; access the Accounts of others without permission; misrepresent the source, identity, or content of information transmitted via the Service; or perform any other similar fraudulent activity.
- You will not use the Service for any harmful, illegal, nefarious, or untoward purpose.
- You will not use or attempt to use any cheats, bots, automation software, hacks, or any third-party software designed to interfere with the Service.
- You will not solicit, collect, use, or attempt to use the Account login credentials of any other User.
- You will not defame, stalk, bully, spam, abuse, harass, threaten, impersonate, or intimidate anyone on the Service, and you must not stream, broadcast or post, or otherwise use information via the Service that may lead to violations of intellectual property or data privacy laws.
- You will not interfere or disrupt the Service or its servers or networks connected to the Service including by transmitting any worms, viruses, spyware, malware, malicious code, or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with how any Whispr page is rendered or displayed in a browser or on a device.
- You will not crawl, scrape, cache, or otherwise access any content or information (including User Content) on the Service via automated means.
- You will not create an Account through any unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler, or scraper. Should you use any automatic, macro, program, or similar method, or otherwise commit fraud with regard to the Service, Whispr reserves the right to pursue legal action against you.
- You will not attempt to indicate in any manner, without our prior written permission, that you have a relationship with Whispr or that we have endorsed you or any products or services for any purpose.
- You will not use the Service for any illegal purpose or in violation of any local, state, national, or international law or regulation, including without limitation laws governing intellectual property and other proprietary rights, data protection, and privacy.
- You will not post or share any Prohibited Content, as described below.
We reserve the right to refuse access to the Service to you, for any reason at any time, at our sole discretion.
You are prohibited from uploading or sharing any content (including User Content) that (“Prohibited Content”):
- We may deem to be offensive, or we believe may harass, upset, embarrass, alarm, or annoy any other person;
- Is violent, threatening, obscene, or that is otherwise offensive;
- Is abusive, insulting, threatening, discriminatory, or that promotes or encourages racism, sexism, hatred, or bigotry;
- Encourages or facilitates any illegal activity including, without limitation, terrorism, inciting racial hatred, or the submission of which in itself constitutes committing a criminal offense;
- Is defamatory, libelous, or untrue;
- Infringes upon any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
- Includes the image or likeness of another person without that person’s consent (or in the case of a minor, the minor’s parent or guardian), or the image or likeness of a minor without the permission of that minor’s parent or guardian;
- Is inconsistent with the intended use of the Service; or
- Could harm the reputation of Whispr or the Service.
If you upload or share any Prohibited Content, we may immediately suspend or terminate your Account. You acknowledge and agree that posting any User Content that violates these Community Guidelines (or that we reasonably believe violates these Terms) may also result in immediate termination or suspension of your Account.
Generally. From time to time, Whispr may offer products and services for purchase (“in-app purchases”) through iTunes, Google Play, Whispr direct billing, or other payment platforms authorized by Whispr. If you choose to make an in-app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third party account such as Google Play or iTunes) (your “Payment Method”) will be charged at the prices displayed to you for the service(s) you’ve selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize Whispr or the third-party account, as applicable, to charge you.
From time to time, you may be able to purchase, a limited, personal, non-transferable, non-sublicensable, revocable license to use “virtual items,” such as gems (collectively, “Virtual Items”). Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value but instead constitutes a measurement of the extent of your license. Virtual Items do not incur fees for non-use, however, the license granted to you in Virtual Items will terminate in accordance with the terms of this Agreement, when Whispr ceases providing the Service or your account is otherwise closed or terminated. Whispr, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/ or may distribute Virtual Items with or without charge. Whispr may manage, regulate, control, modify or eliminate Virtual Items at any time. Whispr shall have no liability to you or any third party in the event that Swipr exercises any such rights. Virtual Items may only be redeemed through the Service. ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. The provision of Virtual Items for use in the Service is a service that commences immediately upon the acceptance of your purchase of such Virtual Items. YOU ACKNOWLEDGE THAT WHSIPR IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.To Request a Refund
If you purchased using your Apple ID, refunds are handled by Apple, not Whispr. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history,” find the transaction, and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com. If you purchased using your Google Play Store account or through Whispr directly: please contact customer support at [email protected] with your order number for the Google Play Store (you can find the order number by logging in to Google Wallet). Please also include the first name and telephone number associated with your account along with your order number.
WHISPR IS NOT RESPONSIBLE FOR THE ACTIONS, USER CONTENT, INFORMATION, CONTENT, OR DATA OF THIRD PARTIES, AND YOU RELEASE THE WHISPR PARTIES FROM ANY CLAIMS AND DAMAGES, KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
Whispr honors copyright laws, including the Digital Millennium Copyright Act. We, therefore, take reasonable steps to expeditiously remove from our Service any infringing material that we become aware of.
IX. Data Charges
By using the Service on your mobile phone (and/or any other device) you may be subject to charges by your Internet or mobile service provider, so check with them first if you are not sure, as you will be responsible for any such costs.
X. Modifying the Service and Termination
Whispr is always striving to improve the Service and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so. You may terminate your account at any time, for any reason, by contacting us and letting us know you’d like to terminate your account. However, if you use a third-party payment account, you will need to manage in-app purchases through such account (e.g., iTunes, Google Play) to avoid additional billing. We reserve the right to terminate your user account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account that, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations. Upon such termination, you will not be entitled to any refund for purchases.
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Whispr, our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Service; (b) your content; and (c) your breach of these Terms
WHISPR PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SWIPR DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE. WHISPR TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK. WHISPR DISCLAIMS AND TAKES NO RESPONSIBILITY FOR ANY CONDUCT OF YOU OR ANY OTHER USER, ON OR OFF THE SERVICE.
XIII. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LIGHTSPACE INC. AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE 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: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICE; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF LIGHTSPACE INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LIGHTSPACE, INC.’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID LIGHTSPACE INC., IF ANY, IN THE LAST 12 MONTHS.
XIV. Entire Agreement; Other.
XV. Contact Us
Whispr welcomes comments, questions, concerns, or suggestions. Please contact us at [email protected]