Terms of Service

1. Agreement to terms

These Terms of Service ("Terms") govern your access to and use of the websites, landing pages, documentation previews, and related online properties operated by Whispering AI ("Whispering AI," "we," "us," or "our") (collectively, the "Site"). By accessing or using the Site, you agree to these Terms. If you do not agree, do not use the Site.

If you enter into a separate master services agreement, statement of work, or order form with Whispering AI ("MSA"), the MSA controls for the services described there, and these Terms continue to apply to your general use of the Site except where the MSA expressly overrides them.

2. What we do

Whispering AI provides strategy, design, software engineering, and AI-related consulting and delivery services for businesses. The Site is primarily informational and describes our capabilities, perspectives, and ways to contact us. Unless we expressly agree in writing, nothing on the Site constitutes an offer to sell services or a commitment to deliver a specific outcome.

3. Eligibility and acceptable use

You may use the Site only in compliance with applicable laws and these Terms. You agree not to: (a) probe, scan, or test the vulnerability of any system or network without authorization; (b) interfere with or disrupt the Site or servers; (c) attempt to access data or accounts you are not authorized to access; (d) use automated means to access the Site in a manner that sends more requests than a reasonable human would generate in the same period, except for public search engines crawling in accordance with our robots instructions; (e) use the Site to develop a competing product through unauthorized scraping of non-public content; or (f) use the Site to distribute malware, spam, or deceptive materials.

4. Intellectual property

The Site and its content, including text, graphics, logos, layouts, icons, images, and software, are owned by Whispering AI or our licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Site for your internal business evaluation and personal, non-commercial use.

Except as expressly permitted, you may not copy, modify, distribute, sell, lease, publicly display, or create derivative works from the Site or its content without our prior written consent. Trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner likely to cause confusion, or in any manner that disparages us.

5. Feedback and submissions

If you submit ideas, suggestions, or feedback about our services or the Site ("Feedback"), you grant Whispering AI a perpetual, irrevocable, worldwide, royalty-free license to use, disclose, and exploit Feedback for any purpose without obligation to you, subject to any confidentiality terms we have agreed in writing separately.

6. AI-generated or illustrative materials

Portions of the Site may describe or demonstrate AI-assisted workflows, prototypes, or examples. Such materials are illustrative and may be simplified or anonymized. They are not a guarantee of results you will achieve in your own environment, which depends on data quality, constraints, integrations, and many other factors.

7. Third-party links and services

The Site may link to third-party websites, tools, or services. We do not control and are not responsible for third-party content, terms, or privacy practices. Your use of third-party services is at your own risk and subject to their terms.

8. Disclaimers

THE SITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

Any timelines, savings figures, or performance statements on the Site are based on representative scenarios and are not promises unless expressly included in a signed agreement with you.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WHISPERING AI AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE (OTHER THAN LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW) WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US $100) OR (B) THE AMOUNTS YOU PAID US SPECIFICALLY FOR ACCESS TO THE SITE IN THE TWELVE MONTHS BEFORE THE CLAIM, WHICH IS TYPICALLY ZERO FOR PUBLIC SITE USE.

Some jurisdictions do not allow certain limitations; in those jurisdictions, our liability is limited to the fullest extent permitted by law.

10. Indemnity

You will defend, indemnify, and hold harmless Whispering AI and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to your misuse of the Site, violation of these Terms, or violation of applicable law.

11. Suspension and termination

We may suspend or terminate access to the Site at any time, with or without notice, for conduct that we believe violates these Terms or harms other users, us, or third parties. Provisions that by their nature should survive will survive termination, including intellectual property, disclaimers, limitations of liability, indemnity, and governing law.

12. Governing law and disputes

These Terms are governed by the laws of the State of California, excluding its conflict-of-laws rules. Subject to applicable law, the state and federal courts located in Santa Clara County, California will have exclusive jurisdiction over disputes arising out of or relating to these Terms or the Site, and you consent to personal jurisdiction there.

If you are a consumer in a jurisdiction that grants you mandatory rights to bring disputes in your local courts, those rights remain unaffected where applicable law requires.

13. Changes

We may modify these Terms at any time by posting an updated version on the Site. The "Last updated" date will change when we do. Your continued use of the Site after changes become effective constitutes acceptance of the revised Terms. If you do not agree, stop using the Site.

14. Contact

Questions about these Terms: hello [at] whispering [dot] ai.

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