Effective as of: 01.05.2023
Welcome to Whispa. These Terms of Service contain the terms and conditions that govern all use of the Whispa app (hereinafter App).
Please read these Terms of Service carefully. The App is offered to you subject to your acceptance, without modification, of these Terms of Service and all other operating rules and policies made available to you on or through the App (hereinafter collectively Terms). If you do not agree to these Terms, please do not use the App. When accepted by you, these Terms form a legally binding contract between you and Whispa, a legal entity (hereinafter Supplier or us).
To accept these Terms on behalf of yourself or on behalf of a legal entity, you must have the legal capacity to do so. This means that if you accept these Terms on behalf of yourself, you must be at least 13 years of age or have valid authorization from your legal representative. If you accept these Terms on behalf of a legal entity, the legal entity must be duly incorporated and you must have the legal authority to bind that legal entity. By accepting these Terms you confirm the foregoing.
The App serves as a platform for collecting and providing anonymous feedback for questions asked and polls created by the Users (as defined below). The App does contain some sample questions provided by the Supplier but these need not be used. The Users (as defined below) are free to decide whether and which questions to ask and collect feedback on. The App also allows the registered Users (as defined below) to interact with one another. Regardless of how the App is used, the User (as defined below) giving feedback may always choose to remain anonymous.
You can use the App as a registered or unregistered user (hereinafter User). As an unregistered User, you can browse the public parts of the App and give feedback. As a registered User, you can additionally collect feedback and use other functions of the App only available to registered Users.
You can register by creating an account on the App or by using your social media account (e.g. Facebook, Twitter). Your login credentials can be used only by you. You must keep your login credentials confidential and safe. If you believe your login credentials have been compromised, you must promptly notify us thereof.
Receiving feedback is increasingly important in business, self-development, and other areas of life. The App is a feedback tool designed to gather honest and constructive feedback from friends, colleagues, acquaintances, or others. Constructive feedback is meaningfully specific, contains advice, and is encouraging. While giving feedback, ensure that you stay positive - this does not mean that you cannot give negative feedback, but provide at least as much positive feedback as well.
Please note that by asking questions and creating polls on the App, a URL is created which can be distributed by anyone anywhere, meaning that anyone with the URL can provide feedback on the question or poll and do so anonymously. This means that you make yourself vulnerable to all kinds of feedback. Not all feedback received is positive. Some feedback may be considered impolite or offensive. You may receive feedback that you do not anticipate. Some feedback may evoke strong emotions.
All feedback received is private by default (visible only to you). You have the option to delete any feedback received and report any Users whose feedback or actions you consider abusive. You have sole control over and sole responsibility for the questions you ask and the feedback you decide to make public. You do not have to ask any questions and you do not have to make any feedback public.
If you do not accept the foregoing risks and considerations, do not use the App. Using the App is strictly voluntary.
Any information submitted to the App in any form, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such content (hereinafter User Content). This means that the Users, and not the Supplier, are entirely responsible for all User Content that is made available through the App, as well as for any actions taken by the Supplier, other Users, or third parties as a result of such User Content.
Any User Content must be in compliance with the Terms and applicable law. By submitting User Content to the App, you confirm that you have the right to do so and that it does not violate any rights (including, but not limited to, intellectual property rights) of any third parties.
The Supplier does not have an obligation to monitor or control the User Content in order to discover any unlawful nature therein and will not take responsibility for it. However, if such unlawful User Content or the action of its unlawful processing is discovered or brought to the attention of the Supplier or if there is reason to believe that certain User Content is unlawful, the Supplier may use the remedies described herein and the applicable law.
Note that as a registered User, you are also responsible for the User Content you decide to make public through your URL.
The App may only be used for its intended purposes. The App may not be used for any purposes or in any manner that can be construed as unlawful, malicious, in bad faith, abusive, or discriminatory. Such uses shall include, but are not limited to, the following:
The Supplier shall have the sole discretion in determining whether your particular use of the App is in violation of these requirements. Should your use of the App be in violation of these requirements, the Supplier shall have the right to use any remedies described herein or the applicable law. Note that you are solely responsible for your actions on the App.
The Supplier is responsible for the processing of your personal data.
Collecting your personal data: The Supplier may collect the following personal data in the following ways:
Using your personal data: We may use your personal data for the following purposes:
Please note that your name as entered during registration, as well as your URL and photo (if uploaded) is publicly visible to all visitors of the App.
Subcontractors (data processors): We use service providers in order to provide you the App. For example, we use Amazon for hosting the data. The data is hosted in the EU. We remain responsible for your personal data and take all necessary measures to protect your personal data as provided herein.
Disclosing your personal data: We only disclose your personal data to third parties without your prior consent if provided herein or the applicable law. We may disclose your personal data to the following third parties:
Data retention: We only store your personal data as long as necessary for the purposes of the personal data collected and as long as required by law. In general, we store your personal data as follows:
Security: We implement appropriate organizational, technical, and physical safeguards to protect your personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, and against all unlawful forms of processing.
Your rights: You have all the rights of a data subject as provided in the applicable law. This includes the right to obtain information and personal data concerning you and to demand the correction of inaccurate personal data. If processing of personal data is not permitted on the basis of law, you have the right to demand termination of the processing of the personal data, termination of the disclosure or enabling access to the personal data, and/or deletion or closure of the collected personal data. You have the right at any time to refuse receiving any further direct marketing messages. You also have the right to turn to the Data Protection Inspectorate or the court to safeguard your rights.
User Content: Because the Supplier does not collect or determine the use or purposes of any User Content, including personal data contained therein, the Supplier is not acting in the capacity of the data controller in terms of the European Union’s Directive 95/46/EC but in the capacity of the data processor on behalf of the Users. The Users should be considered as data controllers regarding the personal data contained in their User Content. Except as provided herein, the Supplier does not transfer or disclose the User Content to any third parties, except to its subcontractors who may process such data on behalf of the Supplier in connection with the Supplier’s provision of the App (see above).
Any and all intellectual property rights in and to the App (except User Content) are exclusively owned by the Supplier and/or its third-party partners. Your use of the App does not grant you any ownership or intellectual property rights therein. You may only use the App for its intended purposes.
You retain all your ownership and intellectual property rights in and to your User Content. By submitting your User Content to the Supplier through the App, you hereby grant the Supplier and its affiliates, sublicensees, partners, designees, and assignees a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce (including by making mechanical reproductions), distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, and otherwise exploit your User Content and derivatives thereof for any purpose whatsoever in connection with the App and the Supplier’s (and its successors’) business, including for providing the App for its intended purpose, as well as for the Supplier’s commercial, marketing or any similar purpose.
Upon breach of the Terms by you, including, but not limited to, if unlawful User Content or the action of its unlawful processing is discovered or brought to the attention of the Supplier or if there is reason to believe that certain User Content is unlawful, the Supplier has the right to use any or all of the following remedies, at its own discretion:
The Supplier is not required to give notice of any of the foregoing actions.
If the Supplier has reasonable grounds to believe that your use of the App may harm other Users or any third persons, the Supplier has the right to take adequate measures under its control to prevent, stop, and eliminate the harm, where possible, in order to protect those Users and third persons. In addition to the above, these measures include notifying the relevant authorities.
In addition to the foregoing, the Supplier may use all other remedies under the applicable law.
The Supplier provides the App "as is" and "as available" with no warranties of any kind. The Supplier expressly disclaims any warranty, express or implied, regarding the App, including any implied warranty of merchantability, fitness for a particular purpose, non-infringement of proprietary or other rights, correctness, accuracy and reliability, or that the App will be secure, uninterrupted or free of errors, viruses or other harmful components, or that defects will be corrected.
The App may include links to other websites or services (hereinafter Linked Sites). The Supplier does not endorse any such Linked Sites or the information, material, products, or services contained on or accessible through Linked Sites.
To the greatest extent possible under applicable law, the Supplier shall not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with the App.
The Supplier reserves the right to modify the App and its contents from time to time without prior notice and explanation. Such modifications may include changes in the touch and feel of the App, rebranding the App, etc.
The Supplier may modify the Terms from time to time. The modifications may be introduced as a result of the following:
For any material modifications to the Terms or in the event that such modifications materially alter your rights or obligations hereunder, such modified Terms will automatically be effective upon the earlier of your continued use of the App with actual knowledge of such modifications, or 30 days from the publication of such modified Terms on or through the App.
You may refuse to agree to the modified Terms. In that case, you must immediately cease using the App. Your continued use of the App after such modifications have been published constitutes your binding acceptance of such modifications.
You may terminate the contract at any time. You can do that by deleting your account or sending us an email to support@whispa.link, stating clearly that you wish to terminate the contract.
The Supplier may terminate the contract for convenience at any time upon decision to end provision of the App. The Supplier may terminate the contract if you breach these Terms and do not remedy the breach within the reasonable deadline given by the Supplier. The Supplier may terminate the contract immediately if you materially breach these Terms.
Upon termination of the contract, the Supplier will deactivate and permanently delete your account, including all User Content therein, as soon as reasonably possible.
The Terms, the App, and the support of the Supplier are available in the English language. The Supplier may make available other language versions thereof. You confirm that you fully understand the chosen language of the Terms, the App, and the support of the Supplier and consent to the use of it.
If any provision of the Terms becomes or is determined to be invalid or unenforceable, then the invalidity or unenforceability of that provision does not affect the validity or enforceability of the remaining provisions of the Terms. In such a case, the parties shall replace the invalid or unenforceable provision with a valid or enforceable provision that allows for the maximum attainment under the law of the very same effect and result as was intended by the replaced provision without undue delay.
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 Application may also be subject to other local, state, national, or international laws.
If you have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting the Company.
Whispa E-mail address: support@whispa.link