Whisp (“Whisp”, “we”, “us” or “our”
NO ACCESS TO EMERGENCY SERVICES: Whisp is not a replacement for your ordinary mobile or fixed line telephone and does not allow you to make emergency calls to emergency services. You must make alternative communication arrangements to ensure that you can make emergency calls if needed.
1. Scope of License
This License is a limited, non-exclusive, non-transferable, non-sublicensable license to use the Licensed Application on any mobile device or personal computer that you own or control. You may not distribute or make the Licensed Application available over a network where it could be used by multiple mobile devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (unless the foregoing restriction is prohibited by applicable law, or permitted by the licensing terms governing the use of any open sourced components of the Licensed Application, if any). In addition, any commercial copying or distribution, publication or exploitation of the Site, or any content, software, code, data or materials on or from the Site, are strictly prohibited unless you have received express prior written permission from us or the applicable rights holder. Any attempt to do so is a violation of our rights. If you breach these restrictions, you may be subject to prosecution and damages. The terms of the License will govern any upgrades provided by us that replace and/or supplement our Service, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
2. Consent to Use of Data
By using the Licensed Application, you understand and agree that we may collect and use technical data and related information, including but not limited to technical information about your mobile device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Licensed Application. We may use this information to improve our Service.
3. Changes to this License
4.1 The License is effective until terminated by you or us. You may terminate your relationship with Whisp at any time. If you are using our free Service, you may simply cease to use Service or delete our Licensed Application. Whisp has the right to terminate your rights under this License without prior notice if you fail to comply with any terms of this License. Upon termination of the License, you shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
4.2 In addition, Whisp has the right to terminate its relationship with you, or may terminate or suspend your use of Service at any time without prior notice:
4.2.1 if you are in breach of the terms of this License;
4.2.2 if Whisp reasonably suspects that you are using Service to break the law or infringe any rights of third parties;
4.2.3 if Whisp reasonably suspects that you are trying to unfairly exploit or misuse any of our policies;
4.2.4 if Whisp reasonably suspects that you are using any of our products fraudulently or that your "User Account" is being used by a third party fraudulently;
4.2.5 immediately, if required due to a change in laws/regulations by a regulator or authority with a lawful mandate in any particular territory, or by any of Whisp's partners;
4.3 Whisp shall effect such termination by preventing your access to Service, where applicable. We reserve the right to cancel User Accounts that have been inactive for more than 1 (one) year.
5.1 Once you have downloaded the Licensed Application and become a Whisp user, you may make calls to reach any other Whisp user who matches your interests and talk up to 60 minutes for free. As a Whisp user you may choose parameters for the other user to call or to receive calls from, such as –
age, spoken languages and gender. Only these people who match your parameters will be chosen as your conversation partnetr. In addition, Whisp offers you the opportunity to become a premium Whisp user, which allows you to make calls without any limits –
you may make as many calls you want and talk as long as you want. As a premium Whisp user You may use as well other additional premium features, such as making calls or receiving incoming calls only from other premium Whisp users or possibility to make and receive calls anytime you want.
5.2 In the course of using Service, you may encounter oral content that may be deemed offensive, indecent, or objectionable. Nevertheless, you agree to use our Service at your sole risk and we shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. You agree not to exploit Service in any unauthorized way whatsoever, including but not limited to, trespassing or burdening network capacity.
5.4 We make no representation that our Service is available for use in any particular location. To the extent you choose to access our Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. We reserve the right to change, suspend, remove, or disable access to our Service at any time without prior notice. In no event will we be liable for the removal of or disabling of access to our Service. We may also impose limits on the use of or access to our Service without prior notice or liability.
5.5 Whisp may automatically check your version of the Licensed Application. Whisp has no obligation to make available any updates. However, Whisp may (a) require you to download and install updates; or (b) automatically download and install updates to your device.
5.6 Whisp does not consider proposals or ideas, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements ("Feedback") to be confidential information. If you send any Feedback to Whisp through the Site, social networks or otherwise, you acknowledge and agree that Whisp shall not be under any obligation of confidentiality with respect to the Feedback and nothing in this License limits or restricts Whisp's right to independently use, develop, evaluate, or market products, whether incorporating the Feedback or otherwise.
5.7 You may link to the Site from another website owned by you, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement by Whisp where none exists. You may not frame the Site on any other website. Whisp may revoke the permission to link to the Site at any time at its sole discretion.
6. Your Obligations
6.1 If you choose to use Service to call other Whisp users, you must install our the Licensed Application and create a User Account by logging in with Your www.facebook.com profile. You are fully responsible for all activities that occur under your User Account. You agree to notify Whisp immediately of any unauthorized use of your User Account or any breach of security with respect to your User Account. Whisp will not be liable for any loss that you may incur as a result of someone else using your User Account, either with or without your knowledge. In addition, you may be held liable for any losses incurred by us or another party due to someone else using your User Account. Therefore, we recommend that you to keep your www.facebook.com profile authorisation data safe. Whisp takes no responsibility for your failure to comply with the obligations in this paragraph.
6.2 You may not:
6.2.1 intercept or monitor, damage or modify any communication which is not intended for you;
6.2.2 use any type of spider, virus, worm, trojan-horse or any other codes or instructions that are designed to distort, delete, damage, emulate or disassemble Service;
6.2.3 send unsolicited communications (also referred to as "SPAM", "SPIM" or "SPIT") or any communication not permitted by applicable law or use Service for the purposes of phishing or pharming or impersonating or misrepresenting affiliation with another person or entity;
6.2.4 expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way;
6.2.5 use Service to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party;
6.2.6 use (including as part of your name) any material or content that is subject to any third party proprietary rights, unless you have a license or permission from the owner of such rights;
6.2.7 record conversations that have been made between your User Account and any other Whisp user.
6.2.8 impact or attempt to impact the availability of Service, with a denial of service (DOS) or distributed denial of service (DDoS) attack.
7. Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF Service, INCLUDING THE SITE AND LICENSED APPLICATION ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO Service, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF Service OR THAT Service WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN Service WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY. SHOULD Service CAUSE ANY DEFECTS, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
8. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE Service, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars (EUR 50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
9. End Users and Export Control
You will not use or export the Licensed Application or any product or service offered on the Site or through Service, in violation of any applicable laws or regulations.
10. In App Purchases
10.1 From time to time, Whisp may offer additional products and services for purchase (“in app purchases”) through the App Store, Google Play or other application platforms authorized by Whisp (each, a “Software Store”). If you choose to make an in app purchase, you will be prompted to enter details for your account with the mobile platform you are using (e.g., Apple, Android, etc.) (“your IAP Account”), and your IAP Account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your IAP Account. In app purchases may include a free trial period. At the end of the free trial period, you will be charged the price of the subscription and will continue to be charged until you cancel your subscription. To avoid any charges, you must cancel before the end of the trial period. If you purchase an auto-recurring periodic subscription through an in app purchase, your IAP Account will be billed continuously for the subscription until you cancel in accordance with the platform terms. In all cases, please refer to the terms of your application platform which apply to your in app purchases. YOU ACKNOWLEDGE THAT Whisp IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
11. Whisp's Ownership Rights
Service, including Site and Licensed Application (including any content or information contained therein) and all copies thereof are protected by copyright and other intellectual property laws and treaties. Whisp or its licensors own the title, copyright, and other intellectual property rights in the Site, Licensed Application and Service and all copies, modifications and derivative works thereof, and the underlying software (including any user Feedback), and your use of our Service does not grant to you, nor do you acquire any ownership rights in Whisp Technology.
12. Notice and Take Down Procedures; Copyright Agent
We respect the intellectual property rights of others, and require that the people who use Site, Service and Licensed Application do the same. If you believe that any materials accessible on or from Service infringes your copyrights, you may request the removal of those materials (or access thereto) by contacting our copyright agent. Please go to the DMCA notification page to review our DMCA notification guidelines and procedures –
Whisp DMCA Policy.
The effective laws of the Republic of Latvia govern this License and your use of the Licensed Application. If a dispute, issue or concern arises regarding the interpretation of this Licence or or relating in any way to your use of the Licensed Application or Service shall be solved in the courts of the Republic of Latvia. Your use of the Licensed Application and Service may also be subject to other local, state, national, or international laws.[a]
You will indemnify, defend and hold harmless Whisp from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with any claim arising from or relating to any breach by you of this license.
14. Links to Third Party Websites
Site may contain links to other third party websites ("Third Party Sites"). These Third Party Sites are provided solely as a convenience to you. Such Third Party Sites are not under Whisp’s control, and Whisp in any extent is not responsible for and does not endorse the content of such Third Party Sites, including but not limited to any information or materials contained on such Third Party Sites. You will need to make your own independent judgment regarding your interaction with these Third Party Sites.
15. Acceptance of License
You affirm that you have the ability to enter into this License. If you are under the age of consent in your jurisdiction to form a binding agreement (and you are more than 18 years of age), you affirm that you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this License, and to abide by and comply with this License. Service is not intended for children under the age of 18.
This License is the entire agreement between you and Whisp relating to Service and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to Service or any other subject matter covered by this License. If any provision of this License is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. This License may not be modified or amended except as described herein by Whisp or otherwise with the written agreement of Whisp.