WHISPIT TERMS OF USE

Effective Date: 11/07/2025
Last Updated: 11/07/2025

1. ACCEPTANCE OF TERMS

By downloading, installing, accessing, or using the Whispit mobile application ("App"), you ("User","you") agree to be bound by these Terms of Use ("Terms"). These Terms constitute a legally binding agreement between you and Whipapps LLC ("Company", "we" or "us").

If you do not agree to these Terms, do not use the App.

App Store Compliance: This App is distributed through authorized app stores and complies with their respective terms and policies. Your use of the App is also subject to the terms of service of the app store from which you downloaded it.

2. DESCRIPTION OF SERVICE

Whispit is a mobile application that allows users to:

  • Record voice audio
  • Transcribe voice recordings to text using third-party transcription services
  • Store, organize, and manage recordings and transcriptions on local device storage or cloud services
  • Access basic functionality for free with limited usage
  • Access extended functionality through paid subscription plans

Service Availability: The App is designed to work on supported mobile devices and operating systems. We do not guarantee compatibility with all devices or operating system versions.

3. ELIGIBILITY AND AGE REQUIREMENTS

3.1 Age Verification

You must be at least 13 years old to use this App. Users under 13 years of age are not permitted to use the App under any circumstances. By using the App, you represent and warrant that you are at least 13 years old.

3.2 Parental Consent

If you are between 13 and 18 years old (or the age of majority in your jurisdiction), you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

3.3 Geographic Restrictions

The App may not be available in all countries or regions. You are responsible for complying with local laws and regulations in your jurisdiction.

4. USER ACCOUNTS

4.1 Account Creation

  • You may be required to create an account to access certain features
  • You must provide accurate, complete, and current information
  • You are responsible for maintaining the confidentiality of your account credentials
  • You are responsible for all activities that occur under your account

4.2 Account Security

  • Notify us immediately of any unauthorized use of your account
  • We are not liable for losses resulting from unauthorized use of your account
  • We may implement additional security measures as required by app store policies

4.3 Account Verification

We may require identity verification for certain features or to comply with app store requirements.

5. SUBSCRIPTION AND PAYMENT TERMS

5.1 Free Service

  • The App offers basic functionality with limited usage at no cost
  • Free usage may be subject to restrictions on recording time, storage capacity, or number of transcriptions

5.2 Paid Subscriptions

  • Extended functionality is available through paid subscription plans
  • Subscription fees are charged on a recurring basis as specified in your chosen plan
  • Payment will be charged to your App Store or Google Play account
  • Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period

5.3 Subscription Disclosures (App Store Compliance)

  • Auto-Renewal: Subscriptions automatically renew unless auto-renewal is turned off at least 24 hours before the end of the current period
  • Pricing: Current subscription prices are displayed in the App and may vary by region
  • Billing: Your account will be charged for renewal within 24 hours prior to the end of the current period
  • Management: You can manage your subscription and turn off auto-renewal in your device's account settings after purchase
  • Free Trial: If offered, any unused portion of a free trial period will be forfeited when you purchase a subscription

5.4 Cancellation and Refunds

  • You may cancel your subscription at any time through your App Store or Google Play account settings
  • Cancellation will take effect at the end of the current billing period
  • Refunds are subject to App Store and Google Play policies
  • No refunds will be provided for unused portions of subscription periods

5.5 Payment Processing

All payments are processed through the respective app store's payment systems. We do not directly process or store payment information.

6. VOICE RECORDINGS AND TRANSCRIPTIONS

6.1 Your Content

  • You retain ownership of your voice recordings and the content you create
  • You are solely responsible for the content of your recordings
  • You grant us a limited license to process, store, and transcribe your recordings to provide the service

6.2 Content Restrictions

You agree not to record, upload, or share content that:

  • Violates any applicable laws or regulations or constitutes illegal content
  • Infringes on intellectual property rights of others
  • Contains hate speech, threats, or harassment
  • Includes private conversations without consent of all parties
  • Contains malicious code or harmful materials
  • Violates privacy rights of others
  • Could endanger life safety or be used for harmful purposes
  • Contains spam, misleading information, or deceptive content
  • Involves minors in inappropriate ways
  • Promotes illegal activities or violence

You are fully responsible for ensuring that all recorded content complies with applicable laws and these Terms.

6.3 Content Moderation

  • We reserve the right to review, monitor, and remove content that violates these Terms
  • We may use automated systems and human review for content moderation
  • We may suspend or terminate accounts that repeatedly violate content policies
  • Content moderation decisions are made at our sole discretion

6.4 Transcription Accuracy and Third-Party Services

  • Transcriptions are generated using automated technology and third-party transcription services
  • We do not guarantee the accuracy, completeness, or reliability of transcriptions
  • The App may provide incorrect data due to limitations of third-party services
  • Transcriptions should not be relied upon for legal, medical, safety-critical, or other applications where accuracy is essential or could affect life safety

7. PRIVACY AND DATA HANDLING

7.1 Data Collection and Processing

  • We collect and process your voice recordings and personal information as described in our Privacy Policy
  • We use third-party services to process data and provide transcription functionality
  • By using the App, you consent to such collection and processing

7.2 Data Safety and Security

  • We implement appropriate technical and organizational measures to protect your data
  • We comply with applicable data protection laws and regulations
  • We regularly review and update our security practices
  • Data transmission is encrypted using industry-standard protocols

7.3 Data Storage

  • Voice recordings and transcriptions may be stored on your mobile device's local storage or on cloud services
  • We use third-party cloud storage providers to store your data
  • Your data may be processed and stored by our third-party service providers
  • Data storage locations are disclosed in our Privacy Policy

7.4 Data Retention and Deletion

  • There is no predefined period for data storage
  • You have full control over your data and may delete individual recordings, transcriptions, or your entire account at any time
  • Upon account deletion, your data will be removed from our systems and third-party services in accordance with our Privacy Policy
  • Some data may remain in backups for a limited time as required for system integrity

7.5 Third-Party Services

  • We use third-party services to provide transcription, cloud storage, and other features
  • These services are subject to their own privacy policies and terms
  • We are not responsible for the privacy practices of third-party service providers
  • A list of third-party services is available in our Privacy Policy

8. ACCEPTABLE USE

You agree to use the App only for lawful purposes and in accordance with these Terms. You will not:

  • Record or store any illegal content
  • Attempt to gain unauthorized access to our systems
  • Interfere with or disrupt the App's functionality
  • Use the App to violate any applicable laws or regulations
  • Reverse engineer, decompile, or disassemble the App
  • Use automated tools to access the App without permission
  • Use the App for any purpose that could endanger life safety
  • Engage in any activity that could harm minors
  • Use the App to distribute malware or harmful code
  • Attempt to circumvent security measures
  • Violate the rights of others

9. FAIR USAGE POLICY

9.1 Fair Usage Principles

Our Fair Usage Policy ensures equitable access to our services for all users. Fair usage means using the App reasonably for typical personal or business purposes.

9.2 Prohibited Usage

The following are violations of our Fair Usage Policy:

  • Excessive Usage: Making an unreasonably high number of recordings or transcriptions that strain our systems
  • Resource Abuse: Activities that negatively impact system performance for other users
  • Commercial Resale: Using the App to provide transcription services to third parties without proper licensing
  • Automated Usage: Using bots, scripts, or automated tools without authorization

9.3 Enforcement

We monitor usage patterns and may implement limits, throttling, or other measures to maintain service quality. Violations may result in warnings, account restrictions, suspension, or termination without refund.

9.4 Appeals

If you believe your account was restricted in error, contact us at [email protected].

10. INTELLECTUAL PROPERTY

10.1 App Ownership

The App, including its design, features, and underlying technology, is owned by Whipapps LLC and protected by intellectual property laws.

10.2 License to Use

We grant you a limited, non-exclusive, non-transferable license to use the App for personal, non-commercial purposes.

10.3 Restrictions

You may not:

  • Copy, modify, or distribute the App
  • Create derivative works based on the App
  • Remove or alter any proprietary notices
  • Use API endpoints directly
  • Sell, rent, or lease the App to others

11. DISCLAIMERS AND WARNINGS

11.1 Accuracy and Safety Disclaimer

  • We do not warrant the accuracy of transcriptions or any data provided by the App
  • IMPORTANT: The App may provide incorrect data due to the use of third-party services
  • CRITICAL WARNING: Do not use this App for applications that could affect life safety, including but not limited to medical emergencies, safety communications, navigation, or any situation where inaccurate transcription could result in harm
  • The App should not be used for critical applications where accuracy is essential

11.2 Third-Party Service Disclaimer

  • We rely on third-party services for core functionality
  • We are not responsible for failures, inaccuracies, or downtime of third-party services
  • Third-party service limitations may affect App performance and accuracy

11.3 App Store Disclaimer

  • The App is provided through third-party app stores
  • We are not responsible for app store policies, availability, or technical issues
  • App store terms and conditions also apply to your use of the App

12. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • OUR LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR SUBSCRIPTION SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM
  • WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • WE ARE NOT LIABLE FOR DATA LOSS, BUSINESS INTERRUPTION, LOST PROFITS, OR HARM RESULTING FROM INACCURATE TRANSCRIPTIONS
  • WE ARE NOT LIABLE FOR ANY DAMAGES ARISING FROM THIRD-PARTY SERVICE FAILURES OR INACCURACIES
  • WE ARE NOT LIABLE FOR APP STORE RELATED ISSUES OR POLICIES

13. INDEMNIFICATION

You agree to indemnify and hold harmless Whipapps LLC, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

  • Your use of the App
  • Your violation of these Terms
  • Your violation of any rights of others
  • Content you record or share through the App
  • Any illegal content you record or store using the App
  • Any harm resulting from your reliance on App data in safety-critical situations
  • Your violation of app store terms and policies

14. COMPLIANCE AND REGULATORY MATTERS

14.1 App Store Compliance

  • We maintain compliance with Apple App Store and Google Play Store policies
  • We regularly update the App to meet evolving app store requirements
  • We may modify features or functionality to maintain compliance

14.2 Legal Compliance

  • We comply with applicable laws and regulations in jurisdictions where the App is available
  • We may restrict App availability in certain regions to maintain compliance
  • We cooperate with law enforcement as required by applicable laws

14.3 Export Control

The App may be subject to export control laws. You agree to comply with all applicable export control regulations.

15. TERMINATION

15.1 Termination by You

You may stop using the App at any time and delete your account through the App settings.

15.2 Termination by Us

We may terminate or suspend your access to the App at any time for:

  • Violation of these Terms
  • Recording or storing illegal content
  • Fraudulent or illegal activity
  • Non-payment of subscription fees
  • Violation of app store policies
  • Violation of our Fair Usage Policy (Section 9)
  • Other reasons at our sole discretion

15.3 Effect of Termination

Upon termination:

  • Your right to use the App immediately ceases
  • Your subscription will be cancelled
  • We may delete your account and data in accordance with our Privacy Policy
  • Sections that by their nature should survive termination will remain in effect

16. UPDATES AND MODIFICATIONS

16.1 App Updates

We may update the App to improve functionality, security, or compliance. Updates may be automatic or require your action.

16.2 Terms Updates

We may modify these Terms at any time. We will notify you of material changes through the App or other means. Continued use constitutes acceptance of updated Terms.

16.3 Compliance Updates

We may update these Terms to maintain compliance with app store policies and applicable laws.

17. GOVERNING LAW AND DISPUTE RESOLUTION

17.1 Governing Law

These Terms are governed by the laws of the United States and the State of Delaware, without regard to conflict of law principles.

17.2 Dispute Resolution

Any disputes arising from these Terms or your use of the App shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Delaware, USA.

17.3 Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class action lawsuits.

17.4 App Store Dispute Resolution

For purchases made through app stores, you may also be subject to the dispute resolution mechanisms provided by those platforms.

18. MISCELLANEOUS

18.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Whipapps LLC.

18.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force.

18.3 No Waiver

Our failure to enforce any provision does not constitute a waiver of that provision.

18.4 Assignment

You may not assign these Terms. We may assign these Terms without notice.

18.5 Force Majeure

We are not liable for any failure to perform our obligations due to circumstances beyond our reasonable control.

18.6 App Store Acknowledgment

You acknowledge that the app store from which you downloaded the App is not a party to these Terms and is not responsible for the App or its content.

19. CONTACT INFORMATION

If you have questions about these Terms, please contact us at:

Whipapps LLC Email: [email protected]

By using Whispit, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.