Terms & Conditions

Terms and Conditions (“Terms”)

Our Terms and Conditions were last updated on September 27, 2023. 

Please read these Terms and Conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

    • “Offer” means the offer made by Whispp to provide the Services 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. 
    • “Terms and Conditions” (also referred to as “Terms“) mean these Terms and Conditions, which, together with the Offer, constitute the entire agreement between you and Whispp regarding the use of the Service.  
    • “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 Services, provided by Whispp and downloaded by you on a Device through the Applications Store or via the Website.  
    • “Application Store” means the digital distribution service managed and developed by Apple Inc. (Apple App Store) from which the application is downloaded. 
    • “Service” or “Services” mean 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 enterprise” 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 Whsipp website, accessible at https://whispp.com/ 
    • “Whispp” (referred to as ‘’Whispp’’, ‘’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 General Terms and Conditions that apply to the use of the Application and this Service. The General Terms and Conditions apply to any Offer made by Whispp BV and the Subscription Agreement between You and Whispp. These General Terms and Conditions describe Your rights and obligations regarding the use of the Applications and the Service. 

Your access to and/or use of the Application and this Service is contingent upon Your acceptance and compliance with these General Terms and Conditions. These General 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 General Terms and Conditions. If You disagree with any part of these General Terms and Conditions, You do not have access to 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, which will bind You. 

These Terms are provided electronically in a way that allows You to easily store them on a durable data carrier. 

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-policy/. 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. 

You agree not to disclose Your password to third parties. 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 Contractual relationship

If an Offer from Whispp has a limited duration or is subject to conditions, this will be explicitly stated in the Offer. 

The Offer contains a complete and accurate description of the Services offered. The description is sufficiently detailed to enable You to make a proper assessment of the Offer. Obvious errors or mistakes in the Offer do not bind Whispp. 

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. 

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 

Whispp does not tolerate abuse or potentially prohibited use of the Application. Whispp is diligent and takes into account your interests as much as possible. We do this in a way that aligns with the nature of our service. In turn, you should be diligent with respect to Whispp and take into account our interests as much as possible. You may only use our service for its intended purpose and not allow it to be misused or utilized through unlawful means. This service is intended for normal and intended use as described in the accompanying manuals, product descriptions, or documentation. You agree to use the Service solely in accordance with Whispp’s instructions and guidelines.  

Service

Whispp provides the Application to You for use. The Application is necessary for You to access the Services. To use the Application and the Services, 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. 

Whispp may provide updates to the Application from time to time or may change the Services at any time. You may need to update the Application to continue using the Application and the Services. 

The Services expressly do not support emergency calling (such as 112, 911, or other emergency services). The Services do provide support for calling premium and/or service numbers subject to the Terms of the Offer. 

You will use the Application and the Services in compliance with the laws 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 Services; and/or 
  • Affect or attempt to affect the availability of the Application or the Services. 

    Prices

    The standard rates for the Services 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 Services 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. 

    Right of withdrawal

    You, whose actions are not carried out for purposes related to a trade, profession, or business, have the right to terminate the agreement with Whispp without stating reasons within fourteen (14) days from the day the Subscription with Whispp was concluded. The right of withdrawal is no longer available to You after the Services have been delivered by Whispp. 

    If You wish to exercise Your right of withdrawal, You must notify this within the fourteen (14) days from the day the Subscription was concluded, using the standard withdrawal form (by sending an email to info@whispp.com with the following information: “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 withdrawal are on You. 

    If You exercise your right of withdrawal, You owe Whispp an amount of money equal to that part of the Subscription that Whispp has performed at the time of withdrawal, compared to the full performance of the Subscription. 

    Repeated refund requests from the same user will be refused. 

    Whispp will reimburse You within fourteen (14) days from the day You reported the withdrawal with all payments made. For each refund, Whispp will use the same payment method originally used by You, unless You agree to a different payment method. 

    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 deactivate Your Account (temporarily). Abusing the Application beyond its intended use is prohibited. Whispp expressly reserves the right to deactivate Your Account. You may only use our service for its intended purpose and not allow it to be misused or utilized through unlawful means. The intended use of the Application means the advanced smart audio technology developed by Whispp to digitally enhance the clarity of Your speech on Your Device through the Application. Whispp also does not tolerate abuse or potentially prohibited use of the Application or the Service.  

    After the deactivation of Your Account, You are not allowed to use the Application or the Services. Whispp is not obligated to provide the Services 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 after the deactivation of Your Account. 

    At Whispp’s discretion, Whispp may reactivate Your Account and provide the Services to You again. Whispp may charge You a reactivation fee. 

    Intellectual Property

    The Service and its original content, features, and functionality are and will remain the exclusive property of Whispp and its licensors. 

    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 assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

    Limitation of Liability

    To the extent permitted by law, Whispp is not liable for any loss, whether it be money (including profits), goodwill, or reputation, or any special, indirect, or consequential damages arising from Your use of or inability to use the Application and/or the Services, including but not limited to Your inability to use the Application and/or the Services 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. 

    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 Services 

    You must notify 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” Disclaimer

    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, 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; or (iv) 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. 

    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. 

    Disputes 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. 

    For European Union (EU) Users

    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. 

    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 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. 

    Changes to these General 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: