Terms of Service

1. Acceptance of Terms

By accessing or using WhisperWall, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

We may update these Terms from time to time. If we make significant changes, we will notify you through the Service or by other means. Your continued use of the Service after such changes constitutes your acceptance of the updated Terms.

2. Eligibility

You must be at least 13 years old to use the Service. If you are between the ages of 13 and 18 (or the age of legal majority where you live), you may only use WhisperWall with the consent and oversight of a parent or legal guardian who agrees to be bound by these Terms.

By using the Service, you represent and warrant that you meet the eligibility requirements. If you do not meet these requirements, you must not access or use the Service.

3. Account Registration and Security

To use certain features of the Service, you may need to create an account. When you register for an account, you agree to provide accurate, current, and complete information about yourself. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to:

• Create a strong password and keep it confidential
• Update your account information as necessary to maintain its accuracy
• Notify us immediately of any unauthorized use of your account or other security breaches
• Accept responsibility for all activities that occur under your account

We reserve the right to disable your account at any time, including if we believe you have violated these Terms.

4. Use of the Service

WhisperWall provides a platform for sharing voice messages, connecting with others for emotional support, and accessing support resources. You agree to use the Service only for its intended purposes and in accordance with these Terms and all applicable laws and regulations.

Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Using the Service in any way that violates laws or regulations
• Impersonating another person or entity, or misrepresenting your affiliation with a person or entity
• Interfering with or disrupting the Service or servers or networks connected to the Service
• Attempting to gain unauthorized access to any part of the Service or any other systems or networks connected to the Service
• Using the Service for any commercial or promotional purpose without our prior written consent
• Collecting or harvesting user content or information, or otherwise accessing the Service using automated means
• Uploading viruses, malware, or other malicious code
• Creating multiple accounts for disruptive or abusive purposes

Service Modifications

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

5. User Content

WhisperWall allows you to create, upload, and share content, including voice messages, text, and other materials ("User Content"). You retain all rights in your User Content, but you grant WhisperWall a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute your User Content in connection with providing and promoting the Service.

Content Responsibility

You are solely responsible for your User Content and the consequences of posting or publishing it. By posting User Content, you represent and warrant that:

• You own or have the necessary rights to use and authorize WhisperWall to use your User Content
• Your User Content does not violate the rights of any third party, including intellectual property rights and privacy rights
• Your User Content complies with these Terms and all applicable laws and regulations

Content Removal

We reserve the right, but do not have the obligation, to monitor, review, and remove any User Content that we determine, in our sole discretion, violates these Terms or is otherwise objectionable. We may remove such content without notice.

6. Community Guidelines

WhisperWall is built on principles of support, respect, and authenticity. To maintain a safe and supportive environment, all users must adhere to our Community Guidelines, which are incorporated into these Terms by reference.

These guidelines prohibit, among other things:

• Harassment, bullying, or intimidation of other users
• Hate speech or discriminatory content
• Explicit or graphic content that may be harmful or triggering to others
• Content that promotes self-harm, suicide, or harm to others
• Spam, scams, or deceptive practices
• Disclosure of private information about others without consent

Violations of our Community Guidelines may result in content removal, account suspension, or termination, depending on the severity and frequency of violations.

7. Intellectual Property Rights

The Service and its original content, features, and functionality are owned by WhisperWall, Inc. and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

WhisperWall Content

All content, design, graphics, compilation, magnetic translation, digital conversion, and other materials included in the Service are protected by copyright and other intellectual property rights. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit, or public purposes all or any portion of the Service without our prior written permission.

Feedback

If you provide us with any feedback or suggestions regarding the Service, you hereby assign to us all rights in such feedback and agree that we have the right to use and fully exploit such feedback in any manner we deem appropriate.

8. Privacy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information when you use our Service. By using WhisperWall, you agree to the collection and use of information in accordance with our Privacy Policy.

9. Termination and Account Deletion

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or delete your account through the Settings & Support section in the app.

Account Deletion

To delete your account:

1. Go to the "Settings & Support" section in the app
2. Scroll down to the "Danger Zone" section
3. Tap on "Delete Account"
4. Follow the confirmation steps to permanently delete your account and data

Please note that account deletion is permanent and cannot be undone. All your data, including posts, messages, and personal information will be permanently removed from our servers.

All provisions of the Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

• THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION
• ANY ERRORS OR DEFECTS WILL BE CORRECTED
• THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
• THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WHISPERWALL, INC., ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE.

IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF $100 USD OR THE AMOUNT PAID BY YOU TO WHISPERWALL, IF ANY, IN THE PAST TWELVE MONTHS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

12. Indemnification

You agree to defend, indemnify, and hold harmless WhisperWall, Inc., its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including your User Content, any use of the Service's content, services, and products other than as expressly authorized in these Terms.

13. Changes to Terms

We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Service thereafter.

Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. It is your responsibility to check the Terms periodically for changes.

14. General Provisions

Governing Law

These Terms and any disputes arising out of or related to the Service shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.

Dispute Resolution

Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in San Francisco, California, using the English language in accordance with the American Arbitration Association's Commercial Arbitration Rules then in effect.

Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices published by WhisperWall, constitute the entire agreement between you and WhisperWall regarding the Service.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right will be effective only if in writing and signed by a duly authorized representative of WhisperWall.

15. Contact Us

If you have any questions or concerns about these Terms or the Service, please contact us at: