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Terms & Conditions
Whispp App Terms and Conditions
General Terms and Conditions (or “Terms”)
Our terms and conditions were last updated on January 2nd, 2024. Please carefully read these Terms before using our Service.
IF YOU ARE ENTERING INTO THESE TERMS AND CONDITIONS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO YOU AND SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCEPT THESE TERMS AND CONDITONS AND YOU MAY NOT USE THE SERVICE.
AUTO-RENEWAL NOTICE: SOME OF WHISPP’S SUBSCRIPTIONS FOR SERVICES ARE AUTO- RENEWING ON A RECURRING BASIS. THIS MEANS THAT WE WILL BILL THE CREDIT CARD THAT YOU PROVIDE TO US UPON YOUR INITIAL PURCHASE AND ON A RECURRING BASIS AT THE BEGINNING OF EACH RENEWAL PERIOD. BY SIGNING UP FOR RECURRING SUBSCRIPTION PLANS,
YOU AUTHORIZE RECURRING CHARGES TO YOUR CREDIT CARD. Please see other terms below in the sections titled “Fees” regarding your Subscription to the Service, including with regard to terminating Your Subscription.
These Terms and Conditions are written in the Dutch language. We do not guarantee the accuracy of any translated versions of these Terms and Conditions. Any translations are for your convenience only. To the extent that any translated versions of these Terms and Conditions conflict with the Dutch language version, the Dutch language version of these Terms and Conditions shall control. You may view the Dutch language version by selecting the Dutch flag from the dropdown at the top of the page.
Interpretation and Definitions
Interpretation
Words with initial capital letters shall have the meaning defined herein. The following definitions shall have the same meaning regardless whether they appear in singular or plural form.
Definitions
For the purpose of these Terms:
⦁ “Offer” means the offer made by Whispp to provide the Service based on a paid subscription model as outlined at https://whispp.com/ that becomes a legally binding Subscription when you accept it, subject to these Terms and Conditions.
⦁ “Subscription” means the contractual relationship that arises between you and Whispp upon your acceptance of the Offer.
⦁ “Account” means a unique account created for you to access our Service or parts of our Service.
⦁ “Additional Terms” means different or additional terms and conditions that may be provided in connection with some of our services. For example, additional terms may apply to our subscription agreements or to the sale of products to you. In such cases, those Additional Terms will become part of your agreement with us if you use those services. In the event of a conflict between the Additional Terms and the Terms, the Additional Terms will control for that conflict unless specified otherwise.
⦁ “Terms and Conditions” (also referred to as “Terms”) mean these Terms and Conditions, which, together with the Offer and Additional Terms, constitute the entire agreement between you and Whispp regarding the use of the Service. In the event of a conflict between the Additional Terms and the Terms, the Additional Terms will control for that conflict unless specified otherwise.
⦁ “Device” means any device that has access to the Service, such as a personal computer, smartphone, or digital tablet.
⦁ “Application” means the software program called Whispp necessary to use the Service, provided by Whispp and downloaded by you on a Device through an Applications Store or via the Website.
⦁ “Application Store” means the digital distribution service managed and developed by Apple Inc. (Apple App Store) or Google, Inc. (Google Play) from which the application is downloaded.
⦁ “Service” or “Services” means collectively, the Website, the Application and the advanced smart audio technology developed by Whispp to digitally enhance the clarity of your speech on your Device through the Application, provided to you by Whispp under a Subscription, as further described herein, subject to Terms and Conditions.
⦁ “Feedback” means feedback, innovations, or suggestions shared by you with us regarding features, performance, or functionalities of our Service.
⦁ “Affiliate” means an entity that has control over, is controlled by, or is under common control with a party, where ‘’control’’ means ownership of 50% or more of the shares, equity interests, or other securities entitled to vote for the election of directors.
⦁ “Hardware” means equipment provided to you as part of an Offer.
⦁ “Website” refers to the Whispp website, accessible at https://whispp.com/
⦁ “Whispp” (or ‘’we’’, ‘’us’’, or ‘’our’’ in these Terms) refers to Whispp BV, a private limited company, with its registered office and main establishment at Langegracht 70, 2312 NV, Leiden, the Netherlands, registered with the Chamber of Commerce (KvK) under 78082056.
⦁ “You” or “your” means the person who accesses and/or uses the Service, or the company or other legal entity on whose behalf such a person accesses or uses the Service, as applicable.
Applicability
These are the Terms and Conditions that apply to the use of the Application and this Service. These Terms and Conditions apply to any Offer made by Whispp and the Subscription Agreement between you and Whispp. These Terms and Conditions describe your rights and obligations regarding the use of the Application and the Service.
Your access to and/or use of the Application and this Service is contingent upon Your acceptance and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access and/or use the Service.
By accessing and/or using the Service, you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions, do not access or use the Service. Additionally, by downloading the Application from the Application Store, you also agree to be bound by the applicable terms of the Application Store’s license.
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may preserve these
Terms in written form by printing it for your records, and you waive any other requirement that these Terms be evidenced by a written document.
The Service converts your affected voice or whispered speech into a natural voice using AI. Please note that Whispp uses publicly available voices under license for the preset voices in the Service.You can also choose to boost the volume of your own voice. Whispp is intended as an aid for people with permanent voice complaints. We recommend that you first visit your doctor before using the Service. The Service may stimulate you to speak more often. If you experience more voice complaints as a result of speaking more often, discuss this with your speech therapist or doctor.
Please note that when a user initiates a call with Whispp, the recipient of the call will first hear an automated message providing notice that the call uses Whispp AI voice technology and that the recipient will hear a voice that may be enhanced using AI.
By visiting or using the Service, you agree and understand that the Service is made available to you as a self-help tool only. The Service is not intended to take the place of a consultation with a physician, dietician, nutritionist, counselor, medical professional of any kind, lawyer, doctor, accountant, or other professional. The Service is not intended to be a substitute for any professional, personal advice, nor is anything contained in the Service designed to provide you with a medical diagnosis, treatment, or other medical services.
Whispp is not a “covered entity” or a “business associate” under the United States Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, “HIPAA”). It is important to note that HIPAA does not necessarily apply to an entity or person simply because there is health information involved, and HIPAA does not apply to your transactions or communications with Whispp.
Your access to and/or use of the Service is also subject to Your acceptance and compliance with Whispp’s Privacy Statement as published at https://whispp.com/privacy. Our Privacy Statement outlines Our policies and procedures for collecting, using, and disclosing Your personal data when You use the Application or the Website, and it informs You about Your privacy rights and how the law protects You. Please carefully read Our Privacy Statement before using Our Service. Our Privacy Statement is in accordance with the General Data Protection Regulation. The use of our service, by processing specific categories of personal data, is subject to explicit consent that will be clearly requested from You during the setup process of the Application after You have downloaded it. Important aspects of the Application depend on this consent.
Accounts
When you create an Account with us, you must provide Us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Account on our Service.
You are responsible for securing the password that you use to access the Service and for all activities or actions under your Account.
By using the Service, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that transmissions to or through the Service may be intercepted by others, and you assume the risk of security breaches and all consequences resulting from them. In furtherance of the foregoing, You agree not to disclose your password to third parties and to safeguard your credentials. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account.
You may not use as a username the name of another person or entity, a username that is not legally available for use, a name or trademark that is subject to the rights of another person or entity other than without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.
The Offer and the Contractual Relationship
Your Offer will present the subscription options, the amount of the associated fees, whether the subscription is prepaid, and whether the subscription is recurring prior to processing the transaction.
Each Offer contains information that makes it clear what rights and obligations are attached to the acceptance of the Offer for You. It is emphasized that the use of the Application or any other agreement with Whispp may be subject to specific rights arising from the General Data Protection Regulation. Whispp expressly refers to the privacy statement for the applicability of the Application and the use of the service
An Offer may include the delivery of Hardware. You understand and agree that the purchase (if applicable), delivery, and use of such Hardware are subject to separate delivery and warranty terms of the Hardware supplier. Whispp will not provide any assistance or service regarding Hardware. Furthermore, you understand and agree that Whispp is in no way liable to you or any third party for any damages arising from (the use of) such Hardware.
From time to time we may offer free trials to, or introductory pricing for, the Service. These offers are available to you only if You have not previously been a subscriber to teh Service. If you respond to a free trial or introductory pricing offer but do not qualify, we reserve the right to reject your order.
WHISPP DOES NOT PROVIDE ANY WARRANTY OR GUARANTEE REGARDING THE ACCURACY, TIMELINESS, PERFORMANCE, COMPLETENESS, OR SUITABILITY OF THE INFORMATION AND MATERIALS FOUND OR OFFERED ON THE WEBSITE AND IN THE APPLICATION FOR ANY PARTICULAR PURPOSE. SUCH INFORMATION AND MATERIALS MAY CONTAIN INACCURACIES OR ERRORS, AND WHISPP EXPRESSLY EXCLUDES LIABILITY FOR SUCH INACCURACIES OR ERRORS TO THE FULLEST EXTENT PERMITTED BY LAW.
Service; Restrictions on Use
Whispp provides the Application for your personal use. The Application is necessary for you to access the Service. To use the Application and the Service, you will need a broadband internet connection (Wi-Fi, Ethernet, or mobile data communication. Additional charges for using a broadband internet connection may be imposed by an internet service provider or telecommunications provider. For the Live Conversations functionality a wireless boom microphone and speaker may be needed to enable speech amplification. Whispp or a third party provider may offer the wireless boom microphone and speaker to you for purchase, which will be subject to additional terms of purchase.
You agree to use the Service in accordance with the accompanying manuals, product descriptions, documentation, and Whispp’s instructions and guidelines.
Whispp may provide updates to the Application from time to time or may change the Service at any time. You may need to update the Application to continue using the Application and the Service.
You will use the Application and the Service in compliance with all applicable laws, rules and regulations, including those of the Netherlands and the laws of the country where you are located.
Under no circumstances are you authorized to:
⦁ Use a spider, virus, worm, Trojan horse, ‘time bomb,’ or other codes or instructions designed to distort, delete, damage, emulate, or decompile the Application or the Service;
⦁ Affect or attempt to affect the availability of the Application or the Service.
⦁ Post, upload, publish, submit or transmit any material that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive (as determined in our sole discretion); (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any other person; or (g) promotes illegal or harmful activities or substances;
⦁ Use the Service to transmit, distribute, post or submit any information concerning or a voice recording of any other person;
⦁ Infringe, misappropriate or violate Whispp’s or any third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
⦁ “Scrape,” “crawl” or “spider” any web pages or other services contained in the Service;
⦁ Display, mirror or frame the Service, or any individual element within the Service;
⦁ Use the Service as part of any effort to compete with us or otherwise use the Service for any revenue- generating endeavor or commercial enterprise; or
⦁ Advocate, encourage, or assist any third party in doing any of the foregoing.
Any conduct by a user that in our discretion restricts or inhibits any other user from using or enjoying the Service is expressly prohibited.
Whispp reserves the right, at any time, without notice to modify, suspend or terminate operation of or access to the Service, or any portion of the Service, for any reason and to interrupt the operation of the Service, or any portion of the Service, as necessary to perform routine or non-routine maintenance, error correction, or other change.
The Service may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, or because of other causes beyond Whispp’s reasonable control.
Fees
By subscribing to the Service, you agree to pay the fees for the Service and any applicable taxes. The standard rates for the Service as part of the Offer are listed on the Website and in the Application. These standard rates apply unless otherwise agreed in writing. The standard rates include VAT, if applicable.
Whispp may change the standard rates for the Service at any time without prior notice to you by publishing such a change on the Website and in the Application. The new standard rates become effective after they are published.
Whispp charges a surcharge for premium and/or service numbers and/or international calls as specified in the Offer. The applicable surcharges are listed on the Website. The duration of a call is determined in intervals of 10 seconds, and fractions thereof are rounded up to the next 10-second interval.
Only valid payment methods acceptable to us may be used to complete a purchase of a Subscription. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your order (including any applicable taxes, fees, delivery, shipping and handling charges).
As noted above, fees for some of our subscription plans are auto-renewing on a recurring basis. You hereby authorize recurring charges to the payment card that you provide. Your payment card will be billed upon your initial purchase (or at the end of a free trial if applicable) and on a recurring basis at the beginning of your new renewal period. You agree that Whispp will not be responsible for any expenses that you may incur resulting from overdrawing your bank account or exceeding your credit limit as a result of an automatic charge made under these Terms. You are responsible for letting us know immediately if you suspect any unauthorized use of your payment card or login credentials.
You may cancel your recurring subscription at any time by editing your user choices associated with your account profile, or in the case of an in-app purchase, you may cancel within the respective app store, i(.e. Apple-App-Store or Google Play Store). Please see below regarding cancellation during a service term.
Whispp uses third parties not affiliated with us to process payments. Whispp’s relationship with such third parties is contractual in nature, as each such third party is a third-party vendor to Whispp, and they are not subject to Whispp’s direction or control; thus, the relationships are not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers or the like. You agree that the third party processors are solely responsible for controlling, handling, processing, or fulfilling purchases processed through its systems. You may be subject to additional terms of use and/or privacy policies of the third party processor when you purchase our Service.
Right of Cancellation
If you are an individual User (i.e., not an entity), you have the right to terminate the agreement with Whispp for any reason or no reason within fourteen (14) days from the first day the Subscription with Whispp is concluded.
If you wish to exercise your right of cancellation, you must notify us within the fourteen (14) days from the day the Subscription was concluded, by sending to us the following information by email to [email protected]: “start date of the subscription agreement,” “used payment method,” “mobile number / Account ID,” and “name and address”).
The risk and burden of proof for the correct and timely exercise of the right of cancellation are on you.
If you exercise your right of cancellation, you owe Whispp an amount of money equal to that part of the Subscription that Whispp has performed at the time of cancellation, compared to the full performance of the Subscription.
Repeated refund requests from the same user will be refused.
Deactivation
If you fail to fulfill your obligations to Whispp, violate these Terms, and/or in case of fraud or suspected fraud, Whispp is entitled to (temporarily) deactivate your Account.
After the deactivation of your Account, you are not allowed to use the Application or the Service. Whispp is not obligated to provide the Service to you. In the event that your Account is deactivated, Whispp will inform you as soon as reasonably possible. You have no right to any compensation or refund after the deactivation of your Account pursuant to this section.
At Whispp’s discretion, Whispp may reactivate Your Account and provide the Service to You again. Whispp may charge You a reactivation fee.
You may only use our service for its intended purpose and shall not abuse or utilize the service through any unlawful means. The intended use of the Application refers to the advanced smart audio technology developed by Whispp to digitally enhance the clarity of your speech on your Device through the Application. Whispp does not tolerate misuse or any prohibited use of the Application or the Service.
You also agree that any violation by you of these Terms will cause irreparable harm to Whispp for which monetary damages would be inadequate, and you consent to Whispp obtaining any injunctive or equitable relief that Whispp deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Whispp may have at law or in equity.
Intellectual Property
The Service and its original content, features, and functionality are and will remain the exclusive property of Whispp and its licensors. Except as expressly provided in these Terms, no part of the Service may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent.
The Service is protected by copyright, trademarks, and other laws of both the Netherlands and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Whispp.
Your feedback to Us
You hereby assign all rights, titles, and interests in any Feedback you share with Whispp. If such assignment is not effective for any reason, you hereby grant Whispp a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, adapt, and exploit such Feedback without restriction.
Limitation of Liability and Indemnity
TO THE FULLEST EXTENT PERMITTED BY LAW, WHISPP WILL NOT BE LIABLE FOR ANY LOSS, WHETHER IT BE MONEY (INCLUDING PROFITS), GOODWILL, OR REPUTATION, OR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE APPLICATION AND/OR THE SERVICE, INCLUDING BUT NOT LIMITED TO YOUR INABILITY TO USE THE APPLICATION AND/OR THE SERVICE TO CALL EMERGENCY NUMBERS (SUCH AS 112, 911, OR OTHER EMERGENCY SERVICES).
IF, FOR ANY REASON, WHISPP IS FOUND LIABLE, WHISPP’S LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO THE HIGHER OF (A) THE TOTAL FEES YOU HAVE PAID TO WHISPP IN THE SIX (6) MONTHS PRIOR TO THE ACT OR OMISSION GIVING RISE TO LIABILITY, OR (B) EUR 50.
BY USING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THE FOREGOING PARAGRAPHS APPLY REGARDLESS OF WHETHER THE LIABILITY IS BASED ON BREACH OF CONTRACT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTIES, OR ANY OTHER LEGAL THEORY, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Notwithstanding any contrary provision in these Terms, the limitation of liability set forth herein does not apply to any claim for which liability cannot be limited under applicable law.
You agree to indemnify Whispp and its Affiliates, and each of their respective directors, shareholders, and employees, from and against all claims, losses, and/or damages arising from or related to (i) your breach of any of these Terms; (ii) your violation of any applicable law or regulation; or (iii) your use of an Application and/or the Service.
You are required to promptly inform Whispp in writing of any (potential) claim as soon as the damage is discovered or could reasonably have been discovered.
“AS IS” and “AS AVAILABLE” Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APPLICATION AND THE SERVICE ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE,” AND WITH ALL FAULTS AND DEFECTS WITHOUT ANY WARRANTY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WHISPP, ON BEHALF OF ITSELF AND ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION AND THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, WHISPP MAKES NO WARRANTY OR COMMITMENT THAT THE APPLICATION AND THE SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE THE INTENDED RESULTS, BE COMPATIBLE WITH OR WORK WITH OTHER SOFTWARE, APPLICATIONS, SYSTEMS, HARDWARE OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
WITHOUT LIMITING THE FOREGOING, NEITHER WHISPP NOR ITS SUPPLIERS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND: (I) REGARDING THE OPERATION OR AVAILABILITY OF THE APPLICATION AND THE SERVICE, OR THE INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS INCLUDED THEREIN; (II) THAT THE APPLICATION AND THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) CONCERNING THE ACCURACY, RELIABILITY, OR TIMELINESS OF INFORMATION OR CONTENT PROVIDED THROUGH THE APPLICATION AND THE SERVICE; (IV) THAT THE SPOKEN WORDS OF USERS’ VOICES WILL BE CONVERTED COMPLETELY AND ACCURATELY; OR (V) THAT THE APPLICATION AND THE SERVICE, THE SERVERS, CONTENT, OR EMAILS SENT BY OR ON BEHALF OF WHISPP ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, “TIME BOMBS,” OR OTHER HARMFUL COMPONENTS.
THIS SECTION DOES NOT LIMIT ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY WHISPP OR ITS SUPPLIERS WITH RESPECT TO HARDWARE SOLD BY WHISPP, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW.
Although we strive to describe the Service accurately, we do not guarantee that such specifications or
services are accurate, complete, reliable, current or error-free. Furthermore, while we attempt to ensure that your use of our Service is secure and safe, we cannot and do not represent that our Service or servers are free of viruses or other harmful components. You expressly assume the entire risk as to the quality and performance of the Service.
Although the Service endeavors to protect against loud sounds, it is possible that loud sounds will come through during your use of the Service. Please try to avoid sudden loud noises such as coughing or laughing directly in the microphone while using the Service.
Some jurisdictions do not allow the exclusion of certain types of warranties or the limitation of applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case, the exclusions and limitations set forth in this section shall be applied to the fullest extent enforceable under applicable law.
Applicable Law
These Terms and your use of the Service are subject to Dutch law, excluding any conflicting legal provisions. Your use of the Application and the Service may also be subject to other local, provincial, national, or international regulations.
Dispute resolution
In the event of a dispute between you and Whispp regarding the Application and/or the Service, you agree to first attempt to resolve the dispute informally by contacting Whispp. All disputes between the parties under these Terms and Conditions not resolved by informal discussions, shall be decided by the competent court in The Netherlands.Any dispute will be resolved solely through individual action and will not be brought as a class action or any other type of representative proceeding.
Jurisdiction
Although the Whispp Service is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Service are available to all persons or in all geographic locations, or appropriate or available for use in all jurisdictions. If you choose to access the Service from outside the Netherlands, you do so on your own initiative and you are solely responsible for complying with applicable local laws. If you are a consumer residing in the European Union, you will continue to benefit from all mandatory provisions of the law of the country in which you reside.
Compliance with United States regulations
You represent and warrant that (i) you are not located in a country subject to the United States government’s embargo or designated by the United States government as a country that “supports terrorism,” and (ii) you are not listed on any United States government list of prohibited or restricted parties.
Linked Sites
The Service may contain links to other independent third-party websites and social media networks (collectively, “Linked Sites”). These Linked Sites are provided solely as a convenience to Our visitors. Such Linked Sites are not under Our control, and we are not responsible for and do not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. Linked Sites have their own terms of use and privacy policies, and we encourage you to review those policies whenever you
visit their websites or interact with their platforms.
Mobile Messaging
We use your mobile number to send you a confirmation text when you register with us. The app may send you push notifications on your mobile device.
Other
Invalidity
If any provision of these Terms is deemed unenforceable or invalid, such provision will be modified and interpreted to achieve the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will remain in full force. No text or information set forth on any other purchase order, preprinted form or document shall add to or vary the terms and conditions of these Terms.
No waiver
The failure to exercise a right or enforce an obligation under these Terms does not affect a party’s ability to exercise that right or demand that obligation at any time thereafter, unless expressly stated otherwise in these Terms. Any such waiver must be in writing in order to be effective.
Relationship of the Parties
No joint venture, partnership, employment, or agency relationship exists between you and Whispp as a result of these Terms or your use of the Service. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties.
Assignment
You may not assign any of your rights under this Agreement, and any such attempt will be null and void. Whispp may, in its sole discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms to any Affiliate or to another third party in the event that some or all of Our business is transferred to such other third party by way of merger, sale of its assets or otherwise.
Canada
The parties declare that they have required that these Terms and all documents related hereto, either present or future, be drawn up in the English language only. Les parties déclarent par les présentes qu’elles exigent que cette entente et tous les documents y afferents, soit pour le present ou le future, soient rédigés en langue anglaise seulement.
Notice for California Users
Under California Civil Code Section 1789.3, California website users are entitled to the following specific 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 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
Changes to these Terms and Conditions
Whispp reserves the right to amend or replace these Terms at any time at its discretion. In the case of material changes, Whispp will make reasonable efforts to notify you at least 30 days in advance before the new Terms take effect. Whether a change is considered material will be determined at Whispp’s discretion.
By continuing to use the Service after such revisions become effective, you agree to be bound by the revised Terms. If you do not agree with the new Terms, in whole or in part, you should discontinue using the Website and the Service.
Contact us
If you have any questions about these Terms and Conditions, you can contact us through:
⦁ Visit this page on the Website: https://whispp.com/contact/
⦁ Send us an email: ⦁ [email protected]