Terms & Conditions
Terms and Conditions (“Terms”)
Our Terms and Conditions were last updated on 12 August 2022.
Please read these Terms and Conditions carefully before using Our Service.
Interpretation and Definitions
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.
For the purposes of these Terms and Conditions:
- “Application” means the software program named Whispp that is required to make use of the Services, provided by the Company and downloaded by You on a Device through the Application Store or through the Website.
- “Application Store” means the digital distribution service operated and developed by Apple Inc. (Apple App Store) in which the Application has been downloaded.
- “Affiliate” means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- “Account” means a unique account created for You to access our Service or parts of our Service.
- “Company” (referred to as either “the Company”, “We”, “Us” or “Our” in these Terms) refers to Whispp B.V., a limited liability company having its corporate seat and principal place of business at Langegracht 70, 2312 NV, Leiden, The Netherlands, registered with the Chamber of Commerce (KvK) under 78082056.
- “Country” refers to The Netherlands.
- “Device” means any device that can access the Service such as a personal computer, a smartphone or a digital tablet.
- “Feedback” means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
- “Hardware” means hardware delivered to You as part of the Offer.
- “Offer” means the proposal made by the Company for the provision of the Services on a paid subscription based model as set out on https://dev.whispp.com/ which becomes a legally binding Subscription if accepted by You, subject to the Terms and Conditions.
- “Service” or “Services” means the state-of-the-art smart audio technology developed by Company to digitally improve the intelligibility of Your speech on Your Device through the Application, provided to You by the Company on a Subscription based model as further described herein, subject to the Terms and Conditions.
- “Subscription” mean the contractual relationship formed between You and the Company upon your acceptance of the Offer.
- “Terms and Conditions” (also referred as “Terms“) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- “Website” refers to the Whispp website, accessible from https://dev.whispp.com/
- “You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of the Application and this Service. The Terms and Conditions apply to every Offer made by Whispp B.V. and the Subscription agreement that operates between You and the Company. These Terms and Conditions set out Your rights and obligations regarding the use of the Applications and the Service.
Your access to and use of the Application and this Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing 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 then You may not access the Service. In addition, by downloading the Application from the Application Store you agree to the applicable terms of the license of the Application Store which will bind you.
These Terms and Conditions are provided electronically, in such a way that You can easily store the Terms on a durable data carrier.
When You create an Account with Us, You must provide Us 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 safeguarding the password that You use to access the Service and for any activities or actions under Your password.
You agree not to disclose Your password to any third party. 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 or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
The Offer and Contractual relationship
If an Offer of Whispp is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the Offer.
The Offer contains a complete and accurate description of the Services being Offered. The description is sufficiently detailed to enable You to make a proper assessment of the Offer. Whispp is not bound by obvious errors or mistakes in the Offer.
Every Offer contains information that makes it clear to You what rights and obligations are related to the acceptance of the Offer.
An Offer may include the delivery of Hardware. You understand and agree that the purchase (if applicable), delivery and usage of such Hardware is subject to separate terms and conditions of the Hardware distributor. Whispp will not provide any assistance or service to You in respect of Hardware. Further, You understand and agree that under no circumstances Whispp will have any liability to You or any third party for any damages whatsoever arising from (the usage of) such Hardware.
Neither Whispp nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Whispp website and in the Application for any particular purpose. Any such information and materials may contain inaccuracies or errors and Whispp expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law.
Whispp makes the Application available to You. The Application is required for You to make use of the Services. In order to use the Application and the Services, You will need an internet broadband connection (Wi-Fi or mobile data communication). Additional charges from an internet service provider or telecommunications provider may apply for the use of an internet broadband connection.
Whispp may from time to time provide updates to the Application or may change the Services at any time. You may be required to update the Application in order to continue using the Application and the Services.
The Services expressly do not include support to call emergency telephone numbers (such as: 112, 911 or ambulance/doctor telephones). The Services do include support to call premium- and/or service numbers subject to the terms of the Offer.
You shall use the Application and the Services in accordance with the laws of The Netherlands and the laws of the country where You are located. You are under no conditions authorized to:
- use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage, emulate or disassemble the Application or the Services; and/or
- impact or attempt to impact the availability of the Application or the Services.
The standard rates for the Services as part of the Offer are listed on Whispp’s website and in the Application. These standard rates apply, unless agreed otherwise in writing. The standard rates are including VAT, if applicable.
Whispp may change the standard rates for the Services at any time without pre-notification to You by publishing such change on Whispp’s website and in the Application. The new standard rates will apply after the new standard rates have been published.
Whispp will charge an additional fee for premium- and/or service numbers and/or international calls as specified in the Offer. The applicable additional fees are listed on Whispp’s website. The duration of a call shall be based on 10-second increments and fractions thereof will be rounded up to the next 10-second increment.
Right of withdrawal
You, whose actions are not carried out for objectives relating to the course of a trade, a profession or a business, have the right to dissolve the contract with Whispp, without giving reasons during a period of fourteen (14) days after the day the Subscription agreement with Whispp was formed. The right of withdrawal is not available to You after the full completion of the Services by Whispp.
If You want to use Your right of withdrawal, You shall report this to Whispp, within the period of fourteen (14) days after the day the Subscription agreement was formed, by means of the model form for right of withdrawal (by means of sending an email to support@Whispp.com with the following details: “start date of the Subscription agreement”, “used payment method”, “mobile number / Account ID” and “name and address”).
The risk and the burden of proof for exercising the right of withdrawal correctly and in time rest upon You.
If You exercises Your right of withdrawal, You shall owe Whispp a sum of money that is equivalent to that proportion of the contract that Whispp has fulfilled at the moment of withdrawal, in comparison with fulfilling the contract entirely.
Repetitive refund requests from the same user would be refused.
Whispp will reimburse You within fourteen (14) days after the day on which You reported the withdrawal with all payments. For any reimbursement, Whispp will use the same payment method that was initially used by You, unless You agree to another payment method.
If You do not fulfil Your obligations towards Whispp, if You are in breach of these Terms and/or in the event of fraud or suspected fraud, Whispp is entitled to (temporarily) deactivate Your Account.
After deactivation of Your Account, You are not allowed to use the Application or the Services. Whispp shall have no obligation to provide the Services towards You. In the event that Your Account is deactivated, Whispp shall inform You as soon as reasonably possible. You are not entitled to any compensation after the deactivation of Your Account.
At the sole discretion of Whispp, Whispp may reactivate Your Account and Whispp shall make the Services available to You. Whispp may charge You with a reactivation fee.
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, trademark, and other laws of both the Country 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 the Company.
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
Whispp, to the extent legally permitted, is not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages or injury arising out of 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 telephone numbers (such as: 112, 911 or ambulance/doctor telephones).
If Whispp is found to be liable for whatever reason, Whispp’s liability to You or any third party is limited to the greater of (a) the total fees You has paid to Whispp in the six (6) months prior to the action giving rise to liability, or (b) EUR 50.
Notwithstanding anything to the contrary in these Terms, the limitation of liability set forth herein shall not apply to any claim for which liability cannot be limited under applicable law.
You agree to indemnify and hold harmless Whispp and its affiliates, and each of their respective, directors, shareholders and employees from and against any and all claims, losses and/or damages arising from or relating to (i) Your breach of any of these Terms; (ii) Your breach of any applicable law of regulation or (iii) Your use of any Application and/or the Services.
You shall notify Whispp of any (potential) claim in writing as soon as possible after the damage is discovered or could have reasonably 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 warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of 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, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application and the Service will meet Your requirements, achieve any intended results, be compatible or work with any 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 the Company nor any of the Company’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application and the Service, or the information, content, and materials or products included thereon; (ii) that the Application and the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application and the Service; or (iv) that the Application and the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on 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 greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application and the Service may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Application and the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us:
- By visiting this page on our website: https://dev.whispp.com/contact/
- By sending us an email: email@example.com