Terms of Service

Last Updated: October 11, 2025

1. Acceptance of Terms

By downloading, installing, accessing, or using the Whisnap application (the "Application"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Application.

2. License Grant

Subject to your compliance with these Terms, Whisnap grants you a limited, personal, non-exclusive, non-transferable, revocable license to install and use the Application on devices that you own or control for your personal or internal business purposes.

You may not:

Reverse engineer, decompile, or disassemble the Application
Modify, adapt, or create derivative works based on the Application
Distribute, sublicense, sell, rent, or lease the Application to any third party
Remove, alter, or obscure any proprietary notices on the Application

3. Processing Modes

The Application offers two distinct processing modes:

3.1 Local Processing

When local processing mode is enabled, all audio recordings and transcripts are processed and stored exclusively on your device. No audio or transcript data is transmitted to Whisnap servers or third-party service providers. You retain complete control over your data in this mode.

3.2 Cloud Processing

When cloud processing mode is enabled, your audio recordings may be transmitted to third-party artificial intelligence service providers or processed through Whisnap's infrastructure for transcription and processing. Third-party providers operate under their respective terms of service and privacy policies. Whisnap does not control the data handling practices of third-party providers during the processing of your audio data.

Whisnap does not permanently store your audio recordings or transcripts on our servers.

4. User Responsibilities

You are solely responsible for:

Ensuring your use of the Application complies with all applicable laws and regulations in your jurisdiction
Obtaining all necessary consents for audio recordings, as required by applicable recording consent laws
Selecting the appropriate processing mode (local or cloud) based on your privacy and compliance requirements
The security and confidentiality of any account credentials

Recording consent laws vary by jurisdiction. Some jurisdictions require all-party consent, while others require only single-party consent. You acknowledge that Whisnap provides no legal advice regarding recording consent requirements and that compliance with such laws is your sole responsibility.

5. Prohibited Conduct

You agree not to:

Use the Application in any manner that violates applicable laws or regulations
Interfere with or disrupt the Application or servers or networks connected to the Application
Attempt to gain unauthorized access to any portion of the Application or related systems
Use the Application to transmit any harmful code, including viruses, malware, or other malicious software
Abuse or excessively consume cloud processing resources in a manner that may disrupt service availability

6. Account Management and Billing

Account registration and subscription management are conducted through the Whisnap website. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Subscription fees are billed on a recurring basis according to your selected subscription plan. You may cancel your subscription at any time through your account dashboard or by contacting support@whisnap.com.

Refund requests may be submitted within fourteen (14) days of the initial purchase date. Refund approval is subject to our refund policy and applicable laws.

7. Intellectual Property Rights

You retain all rights, title, and interest in and to your audio recordings, transcripts, and other user-generated content. Whisnap claims no ownership rights over your content.

The Application, including its source code, user interface, design elements, trademarks, and all related intellectual property, are and shall remain the exclusive property of Whisnap and its licensors.

8. Account Termination and Data Deletion

You may terminate your account at any time through the Application settings or by contacting support@whisnap.com.

Upon account termination, Whisnap will delete your personal information and associated data from our servers in accordance with our data retention policies and applicable legal obligations. Certain information may be retained as required by law, including financial records and transaction history.

9. Disclaimer of Warranties

THE APPLICATION 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.

Whisnap does not warrant that:

The Application will operate without interruption or error
Transcriptions will be accurate, complete, or suitable for any particular purpose
Defects in the Application will be corrected
The Application will meet your specific requirements or expectations

Automated transcription technology may produce errors, inaccuracies, or incomplete results. You acknowledge that transcription results should be independently verified for accuracy and should not be relied upon for critical, legal, or medical purposes without such verification.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WHISNAP, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE APPLICATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

WHISNAP'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE APPLICATION SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO WHISNAP IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

Some jurisdictions do not permit the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, the above limitations may not apply to the extent prohibited by law.

11. Modification of Terms

Whisnap reserves the right to modify these Terms at any time. Material changes to these Terms will be communicated through:

Updating the "Last Updated" date at the beginning of these Terms
In-application notification
Email notification to your registered email address

Your continued use of the Application following notification of changes constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of the Application.

12. Termination

Whisnap may suspend or terminate your access to the Application at any time, with or without cause or prior notice, for violation of these Terms or for any other reason. Upon termination, your license to use the Application shall immediately cease.

Sections 7 (Intellectual Property Rights), 9 (Disclaimer of Warranties), 10 (Limitation of Liability), and 13 (Governing Law and Dispute Resolution) shall survive any termination of these Terms.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflict of law provisions.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Application shall be resolved through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the infringement or misappropriation of intellectual property rights.

14. Miscellaneous

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Whisnap regarding the Application and supersede all prior agreements and understandings.

Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Waiver: No waiver of any provision of these Terms shall constitute a waiver of any other provision or any subsequent waiver of the same provision.

Assignment: You may not assign or transfer these Terms or your rights hereunder without Whisnap's prior written consent. Whisnap may assign these Terms without restriction.

15. Contact Information

For questions regarding these Terms, please contact:
Email: support@whisnap.com