Terms of Service for Whisperr

Definitions

For the purposes of these Terms of Service:

By creating an Account, downloading or using the Service, You are agreeing to be bound by these Terms. If You do not agree to these Terms, do not create an Account and do not download or use the Service.

These Terms are a legal agreement between You and the Company and govern Your use of the Service made available to You by the Company. If You are using the Service on behalf of a company or other legal entity, You represent that You have the authority to bind that entity to these Terms.

The Application is licensed, not sold, to You by the Company for use strictly in accordance with these Terms.

When You create an Account, You must provide information that is accurate and complete, and keep it up to date. You are responsible for safeguarding the credentials You use to access the Service and for any activity that occurs under Your Account.

You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your Account.

Some parts of the Service are available only with a paid Subscription. Prices are those displayed in the Service or the relevant app store at the time of purchase, inclusive of consumption tax where applicable.

Subscriptions are billed in advance on a recurring basis (such as monthly or annually) and renew automatically at the end of each billing period unless You cancel. Depending on where You purchase Your Subscription, payments are processed by our payment processor, Stripe, or charged by Apple's App Store or Google Play. The first charge occurs at the time of purchase, and subsequent charges occur automatically on each renewal date.

You may cancel Your Subscription at any time from within the Service. Cancellation stops future billing; You keep access to paid features until the end of the current billing period. You may request a refund from within the Service or by contacting Us at support@whisperr.co, and refunds are handled in accordance with our refund policy and applicable law. If You purchased Your Subscription through Apple's App Store or Google Play, billing, cancellation and refunds are managed through Your Apple or Google account and are subject to their respective terms.

The Service and all Subscriptions are provided by Whisperr as the operating entity.

Acceptable Use

You agree not to use the Service:

• In any way that violates any applicable law or regulation, including laws on recording, wiretapping, privacy and data protection
• To record, transcribe or translate any person without any consent required by applicable law
• To infringe the intellectual property or other rights of any third party
• To transmit malicious code or interfere with, disrupt or place undue burden on the Service or the networks connected to it
• To attempt to gain unauthorized access to any part of the Service, other accounts or other systems

The Service may display, include or make available third-party content (including data, information, applications and other products or services) or provide links to third-party websites or services.

You acknowledge and agree that the Company shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-Party Services.

You must comply with applicable third parties' terms of agreement when using the Service. Third-Party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at your own risk and subject to such third parties' terms and conditions.

These Terms shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate these Terms and Your access to the Service with or without prior notice.

These Terms will terminate immediately, without prior notice from the Company, in the event that you fail to comply with any provision of these Terms. You may also terminate these Terms by deleting Your Account and ceasing use of the Service, and deleting the Application and all copies thereof from Your Device.

Upon termination of these Terms, You shall cease all use of the Service and delete all copies of the Application from Your Device.

Termination of these Terms will not limit any of the Company's rights or remedies at law or in equity in case of breach by You (during the term of these Terms) of any of your obligations under the present Terms.

You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Service; (b) Your Content, including any claim that Your Content was captured or recorded without required consent; (c) violation of these Terms or any law or regulation; or (d) violation of any right of a third party.

The Service is 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 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 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. In particular, the Company does not warrant the accuracy or completeness of any transcription or translation produced by the Service, and You should not rely on them where accuracy is critical without independent verification.

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 Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that 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. To the extent any warranty exists under law that cannot be disclaimed, the Company shall be solely responsible for such warranty.

To the maximum extent permitted by applicable law, the Company and its suppliers shall have no liability whatsoever arising out of or in connection with these Terms or Your use of, or inability to use, the Service. Where applicable law does not permit the full exclusion of liability, the entire liability of the Company and any of its suppliers under any provision of these Terms, and Your exclusive remedy for all of the foregoing, shall be limited to the amount actually paid by You for the Service or through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.

The Service is operated from Japan. You agree to use the Service in compliance with the laws of Japan and any other laws and regulations applicable to You in Your jurisdiction.

The Company reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the Company.

By continuing to access or use the Service after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Service.

The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.

Any dispute arising out of or in connection with these Terms or the Service shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance, except where mandatory consumer protection laws in Your country of residence provide otherwise.

These Terms are prepared in English and Japanese, and both versions are equally authoritative. Translations into other languages are provided for Your convenience only. In the event of any inconsistency between a convenience translation and the English or Japanese version, the English and Japanese versions shall prevail.

These Terms constitute the entire agreement between You and the Company regarding your use of the Service and supersede all prior and contemporaneous written or oral agreements between You and the Company.

You may be subject to additional terms and conditions that apply when You use or purchase other Company's services, which the Company will provide to You at the time of such use or purchase.