Terms of Use

1. Agreement and Scope

These Terms of Use (the “Terms”) form an agreement between you and NEXBASE TECH PTE. LTD. (“NEXBASE,” “we,” “us,” or the “Company”) concerning Whispy.AI (“Whispy” or the “App”). They apply to Whispy whether you access it on a device or through its web-based service.

Accessing or using Whispy means that you accept these Terms. If you do not accept them, do not access or use Whispy.

2. Who May Use Whispy

You may use Whispy only if you are eighteen (18) years old or older. Whispy is not designed for anyone below that age, and we do not knowingly make the App available to such individuals.

Every first-time user must complete Whispy’s intake procedure, whether the user registers an account or continues as a guest. You must participate fully and honestly, and the details you submit must remain accurate, complete, and up to date. You bear responsibility for those details and their accuracy. Inaccurate, deceptive, or incomplete submissions can lead to restricted or terminated access and may also create legal liability.

Your use of Whispy must comply with every law and regulation that applies to you.

3. Signing In, Protecting Your Account, and Deleting It

3.1 Creating an Account

Whispy allows registration through Google, Apple, or a valid email address. If you choose Google or Apple, you expressly authorize us to obtain the account information made available through that sign-in method. If you register by email, you must complete Whispy’s registration procedure and submit the requested information.

Registration details must be accurate, current, and complete, and you must update them when necessary.

3.2 Account Security

Keep your sign-in credentials confidential. You are accountable for activity conducted through your account and must tell us immediately if you discover unauthorized access or use.

3.3 Deleting an Account

You may permanently delete your Whispy.AI account whenever you choose. Open My Profile from the upper-right corner of the App, select Settings, proceed to Account, and choose Delete.

Deletion cannot be undone. Once completed, it permanently removes your private data, including characters you created, search history, character chat logs, memories, and other information and activity associated with your use of the App.

Deleting the account also causes all unused Tokens and other virtual items held in that account to be forfeited. No refund is provided for those unused items.

4. Rules for Using the App

Whispy is licensed for your own personal, non-commercial use.

While using the App, you must not:

• use it improperly or create content that is harmful or unlawful;
• generate, solicit, or distribute material that exploits or abuses a minor sexually, or that sexualizes any person below 18;
• infringe another person’s privacy, intellectual-property, or other rights;
• interfere with, damage, disable, or degrade Whispy’s operation;
• decompile or reverse engineer the App, or try to obtain its source code or underlying models;
• access Whispy with bots, scraping tools, or other automated methods; or
• evade safety mechanisms, content controls, or usage-rate restrictions.

5. AI Output and Important Limitations

Whispy uses artificial intelligence to produce content. AI output can be inaccurate, unsuitable, biased, incomplete, or otherwise inappropriate. It expresses neither the Company’s opinions nor its positions.

Do not treat AI output as professional guidance or rely on it when making medical, mental-health, legal, financial, emergency, or other safety-critical decisions. Whispy.AI does not provide crisis-intervention services. When you or another person is experiencing a mental-health crisis, immediately contact an appropriate professional or the emergency services available in your location.

6. Whispy Materials and Your Right to Use the App

The Company or its licensors own the content, data, trademarks, logos, and other materials supplied through Whispy, including content produced by AI. Unless we first agree in writing, you may not use those materials beyond the permission granted in these Terms.

Subject to these Terms, we give you a limited, personal license to use Whispy. The license is non-exclusive and may not be transferred.

7. Content You Submit

You confirm that you own the content you upload to Whispy. You also represent and warrant that submitting and using it violates neither applicable law nor anyone else’s rights.

For content you submit, you give the Company a worldwide, royalty-free license that we may sublicense. That license permits us to store, use, change, and display the content as needed to operate and improve Whispy. It also covers training and improvement of our AI models, subject to the training opt-out explained in the Privacy Policy.

8. Purchases and Tokens

8.1 How Purchases Work

Whispy offers optional value-added functions through one-time in-App purchases of virtual tokens (“Tokens”). Apple In-App Purchase processes iOS transactions, while Google Play Billing processes Android transactions. The relevant Apple or Google terms govern payment processing.

8.2 What Tokens Are

A Token provides a limited license to access designated features in Whispy. Tokens:

• are neither currency nor electronic money and do not constitute property;
• have no cash or real-world monetary value;
• cannot be transferred, redeemed for cash, or used beyond Whispy; and
• are not refundable after purchase unless a refund is required by applicable law or the applicable Apple or Google policy.

Unused Tokens are lost, without refund, when an account is deleted or terminated. We may revise Token prices, exchange rates, redemption conditions, and validity, and we may end the Token program at any time.

8.3 Refund Requests

Apple or Google handles refund requests under the platform’s respective refund rules. Our capacity to provide a refund ourselves is limited. Purchase questions may be sent to contact@whispy.ai.

9. Third-Party SDKs

Whispy may contain software development kits supplied by third parties. Each provider processes information according to its own privacy policy. We include these SDKs to support data analysis and improve the user experience. If you believe or suspect that an SDK’s use affects your rights improperly, notify us promptly using the details in Section 16.

10. Ending or Suspending Access

You may end your account at any time by using the deletion option in Settings or by contacting our support team through the details in Section 16.

We may suspend or end an account if these Terms are breached. We may also do so for any reason at our discretion.

11. Disclaimers and Limits on Liability

We supply Whispy on an “as is” basis and make no warranty, whether express or implied.

To the fullest extent allowed by law, the Company is not responsible for indirect, incidental, or consequential loss or damage connected with use of the App. The Company’s total combined liability relating to Whispy or these Terms is limited to whichever is greater: (a) what you paid us during the twelve (12) months before the event that created the claim, or (b) one hundred United States dollars (USD 100).

12. Applicable Law and Dispute Process

United States law and applicable state law govern these Terms, without applying conflict-of-laws principles.

Except for the matters described below, any controversy, dispute, or claim connected with these Terms must be submitted to final arbitration administered by the American Arbitration Association (“AAA”) under its applicable rules. This includes questions about the Terms’ existence, validity, meaning, performance, breach, or termination. The arbitration will have one arbitrator, will take place in the United States, and will be conducted in English.

Either party may ask any court with proper jurisdiction for an injunction or other equitable remedy to safeguard intellectual-property rights or to prevent unauthorized use, disclosure, or infringement of intellectual property. Nothing in this section removes non-waivable consumer protections available where a consumer resides, including access to small-claims court for an eligible claim.

Where applicable law permits, you and the Company must pursue disputes individually. Neither side may bring or participate in a class, collective, or representative proceeding.

13. Copyright Complaints and the DMCA

We respect third-party intellectual-property rights and require Whispy users to do likewise. Under the Digital Millennium Copyright Act (“DMCA”), we respond promptly to legally compliant notices alleging copyright infringement.

If you believe material on Whispy infringes copyright in a work you own, send us a DMCA notice containing the information required by the DMCA. Our submission details appear in Section 16.

After a valid notice arrives by email, we will acknowledge it and confirm that we have accepted the request within five (5) business days. A notice delivered by postal mail may require up to ten (10) business days for that acknowledgment. We will communicate the investigation result and our decision no later than 15 business days after you receive our acceptance confirmation.

If the request’s complexity or volume prevents completion within that 15-business-day period, we will give you an estimated completion date. Most investigations are expected to finish without an extension.

If you contest the outcome, you may supply additional supporting evidence within 30 calendar days. If we receive no disagreement during that period, the investigation and decision become final and the matter is closed.

14. Apple App Store and Google Play

When Whispy is obtained through the Apple App Store, these Terms are an agreement between you and the Company—not Apple. Apple has no responsibility for Whispy or its content. Apple is nevertheless a third-party beneficiary and is entitled to enforce these Terms against you.

When Whispy is obtained through Google Play, its use is additionally governed by the Google Play Terms of Service.

15. Updates to These Terms

We may revise the Terms periodically. For a material revision, we will change the “Last Updated” date above and, when appropriate, give notice by email or within Whispy. Using the App after the revised Terms take effect signifies acceptance of the revision.

16. Contact

Questions about these Terms may be directed to:

General Support: contact@whispy.ai

Company: NEXBASE TECH PTE. LTD., Singapore