Terms of Service

These Terms of Service (“Terms”) are a binding agreement between you and Whisply (“Whisply,” “we,” “us,” or “our”). They govern your access to and use of the Whisply website, macOS application, AI features, account dashboard, downloads, support, and related services (together, the “Service”).

By creating an account, accessing or using the Service, clicking to accept these Terms, or purchasing a plan, you agree to these Terms and our Privacy Policy. If you do not agree, do not access or use the Service. You must also accept any material terms presented separately at checkout or for an optional feature.

You must be at least 18 years old and legally capable of entering into a binding contract to use the Service. The Service is not directed to anyone under 18.

You agree to provide accurate account information, keep it current, and protect your sign-in links, codes, sessions, devices, and credentials. You are responsible for activity that occurs through your account to the extent permitted by law. Notify us promptly at support@whisply.net if you suspect unauthorized access.

Accounts are for one person. You may not share, sell, rent, or transfer your account or allow another person to use your paid access. Each account may be linked to only one approved Mac unless we expressly permit otherwise.

Whisply provides AI-assisted overlays and related tools for macOS. Features may include screenshots, prompts, audio transcription, interview assistance, model selection, computer-use actions, account usage tracking, and plan-dependent functionality. Some features require supported hardware, operating-system versions, permissions, third-party applications, or a paid plan.

We may add, change, suspend, or discontinue features, models, supported applications, compatibility, or plan limits. We will not materially reduce an active paid plan’s core included features without providing notice and, where required by law, an appropriate remedy.

We grant you a limited, revocable, non-exclusive, non-transferable license to install and use the macOS application for your personal or internal business use in accordance with these Terms and your plan. This license does not transfer ownership of the Service.

Whisply offers recurring Pro and Max plans and prepaid Credits. Every purchase is sold by Link (Stripe) as the merchant of record: Link is the seller for payment and tax purposes, and Stripe processes the payment in a secure checkout. Prices, billing intervals, included usage, plan features, the Credits service fee, and any tax are shown in checkout before you pay. You authorize Link to charge the payment method you choose there.

Recurring plans. Weekly, monthly, and annual subscriptions automatically renew for the same billing interval at the then-current price until you cancel. The billing interval does not change the seven-day usage allowance: an allowance begins when included usage is first recorded and resets seven days later, independent of the subscription renewal date. By starting a recurring subscription, you expressly consent to recurring charges to the payment method Link keeps for your plan; you can change it from Billing. If a renewal payment fails, Link retries it for up to seven days while your access continues; if it still fails, the subscription is canceled. If a recurring price changes, we will provide advance notice as required by law; continuing the subscription after the effective date authorizes the new price, and you may cancel before then.

Cancellation. You can cancel a recurring subscription in Billing, through Link, or by contacting support@whisply.net. Cancellation stops future renewals and normally takes effect at the end of the current paid billing period. You retain paid access through that period. Cancellation does not itself delete your account.

Access granted outside Stripe. An administrator may provide time-limited access as a grant or migrated subscription. Such access ends at the displayed expiry date and does not automatically renew or create a charge. If you buy a paid plan, your granted access ends when the paid plan starts.

Refunds. Because Link is the seller, refunds follow Link’s decisions under its terms; you can ask Link or Whisply support. Unless Link grants a refund or the law requires one, payments are non-refundable and partial billing periods are not prorated. Cancellation prevents future charges; it does not reverse charges already made. If you report within 72 hours of a purchase that a verified technical failure prevents the Service from performing its core function on a supported Mac, we will review the issue and may ask Link to refund it. When a Credits purchase is refunded, in full or in part, the matching Credits are removed from your balance; Credits already used reduce your balance to $0. Nothing in these Terms limits a refund or other remedy you are legally entitled to receive.

Payment disputes and chargebacks. Contact support first so we can investigate and attempt to resolve a billing error. This does not prevent you from filing a good-faith dispute with your bank or card issuer, and we will not penalize you for exercising that right. While a dispute over a Credits purchase is open, spending from your Credits balance is paused; if the dispute is decided in your favor, that purchase’s Credits are removed. We may provide transaction, account, device, and usage evidence to Link, Stripe, or the issuer. Fraudulent, knowingly false, or abusive disputes may lead to suspension and collection of amounts lawfully owed.

Credits are prepaid usage, and using them is optional. You can buy and use Credits only while you have an active plan. When Credits are on, usage beyond your plan’s included allowance is deducted from your balance at the applicable rates; turn Credits off at any time to stop. Any spending limit you set applies to Credits used in each calendar month (UTC) and does not cap service fees, taxes, or plan renewals.

Each purchase is $5 to $500 of Credits plus a service fee of 10% of the Credits (rounded to the nearest cent) and $0.30, plus any tax. For example, $20 of Credits costs $22.30 before tax. Checkout shows the total, including tax, before you pay. Credits are bought only when you choose to buy them; Whisply never buys Credits for you automatically. See About Credits for details.

Credits are a limited right to consume eligible Service usage. They are not money, stored value, a deposit, a security, or an investment; they do not earn interest and cannot be transferred, sold, or redeemed for cash except where required by law. Credits do not expire while your account remains active, and a balance left when a plan ends can be used again with a new plan. Credits may be forfeited if you fraudulently obtain them or materially abuse the Service, subject to applicable law.

We use a hardware identifier and device-approval process to enforce the one-Mac limit and protect paid access. You are responsible for keeping the approved Mac and its operating system compatible with the Service.

If you replace or substantially change your Mac, contact support to request a hardware-ID reset. A reset may require verification and a disclosed service fee, currently $15. We may waive or decline a reset where appropriate, including suspected account sharing or abuse.

You are responsible for your use of the Service and for determining whether that use is permitted by applicable law, your school, employer, examination provider, platform, contracts, and other rules that apply to you. We do not represent that every use of Whisply is permitted in every environment.

You may not:

• violate law, regulation, court order, intellectual-property rights, privacy rights, or another person’s rights;
• record, capture, transcribe, or monitor people or content without the consent or authorization required by law;
• use the Service to commit fraud, cause harm, facilitate unauthorized access, distribute malware, or interfere with another person’s device, network, or data;
• circumvent the Service’s account, payment, device, usage, or security controls, or access the Service through automated means not authorized by us;
• probe, overload, disrupt, reverse engineer, copy, resell, sublicense, or create a competing service from the Service, except where such a restriction is prohibited by law;
• use another person’s account, share installation links or session credentials, evade a suspension, or misrepresent your identity, plan, device, or payment status;
• submit content you have no right to process, or use AI output as a substitute for qualified professional judgment where reliance could cause harm.

We may investigate suspected misuse and suspend or terminate access proportionately to protect users, the Service, third parties, or legal compliance. Where reasonable, we will provide notice and an opportunity to resolve the issue.

AI output can be inaccurate, incomplete, misleading, offensive, or inappropriate for your situation. Models may misunderstand screenshots, audio, prompts, or context and may suggest incorrect actions. Review output before relying on it or allowing a computer-use action. Whisply does not provide legal, medical, financial, employment, academic-integrity, or other professional advice.

You retain responsibility for prompts, captured content, actions you approve, and your use of output. We do not guarantee that output is unique, accurate, error-free, non-infringing, suitable for a particular purpose, or accepted by any institution, employer, examination provider, or third party.

Auto-Type and computer-use features can enter text, click, scroll, or otherwise act in the focused application. Verify the target window and proposed action before proceeding. You are responsible for unintended messages, edits, submissions, purchases, or other actions taken in the foreground application, subject to rights that cannot be disclaimed.

Whisply requires significant access to perform features you request. Installation requires you to disable System Integrity Protection (SIP) and Apple Mobile File Integrity (AMFI). The installer uses a setuid-root permission helper to write Accessibility, synthetic-input, ScreenCapture, AudioCapture, input-monitoring, and Microphone grants directly into macOS privacy databases. While the app is installed and active, it may reapply missing grants at launch, activation, and periodically, including after you revoke them. Quitting or uninstalling the app and removing its helper is necessary to stop this behavior; then restore your preferred macOS security settings.

Disabling macOS security features and granting privileged access can expose your device and data to greater risk. Install only commands and downloads obtained directly from your official Whisply Dashboard. Do not run copied installers from another person. You are responsible for understanding these changes, restoring your preferred security settings after use, and uninstalling software you no longer want.

We do not guarantee that the Service is undetectable, compatible with every application or macOS release, free of vulnerabilities, or incapable of affecting system stability, focus, privacy, third-party software, or exam and workplace controls.

You retain ownership of content you lawfully submit, capture, or create through the Service. You grant Whisply a limited license to host, transmit, process, reproduce, and otherwise handle that content only as needed to provide, secure, troubleshoot, and improve the Service, comply with law, and enforce these Terms. You represent that you have the rights and permissions needed for that processing.

If you send feedback or suggestions, you permit us to use them without compensation or confidentiality obligations, provided we do not identify you publicly without permission. We are not required to use feedback.

The Service relies on third parties, including Google for sign-in, Link and Stripe for payments, Supabase for authentication, databases, and storage, Cloudflare for hosting and security, Resend for email delivery, and OpenAI for AI processing. Third-party applications with which you choose to use Whisply are also governed by their own terms and privacy policies.

We are not responsible for a third party’s independent services, policies, outages, changes, or acts. Your relationship with each third party remains subject to that party’s terms. This does not limit our responsibility for our own handling of the Service or obligations that cannot be disclaimed by law.

Our Privacy Policy explains what we collect, why we use it, when we disclose it, and the choices available to you. By using the Service, you acknowledge those disclosures. Do not submit sensitive or third-party information unless you have the required rights and consent.

Whisply and its licensors own the Service’s software, branding, interface, documentation, models and model orchestration, text, graphics, and related intellectual property, excluding your content and third-party materials. These Terms do not grant you rights to our trademarks or permission to remove proprietary notices.

Where law allows, you own output generated for you, subject to your rights in the input, third-party model terms, and the rights of others. Similar output may be generated for other users.

You may stop using the Service, cancel recurring billing in Billing, and request account deletion through support. Deleting your account does not automatically cancel every payment arrangement, so cancel a recurring subscription first or ask support to confirm cancellation.

We may suspend or terminate access if you materially breach these Terms, fail to pay, create security or legal risk, abuse the Service, or if continued provision becomes unlawful or impractical. We may also discontinue the Service. Where required, we will provide notice and any legally mandated refund or remedy.

Provisions concerning payment obligations, ownership, disclaimers, liability, disputes, and other matters that by their nature should survive will remain effective after termination.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND AI OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS. WE DISCLAIM EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, ACCURACY, COMPATIBILITY, SECURITY, AVAILABILITY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

We do not warrant uninterrupted or error-free operation, that defects will be corrected, that data will never be lost, that output will be correct, or that use of the Service will be permitted or undetected by any third party. Some jurisdictions do not allow certain disclaimers, so parts of this section may not apply to you.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WHISPLY AND ITS AFFILIATES, SUPPLIERS, AND PERSONNEL WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, DATA, OPPORTUNITY, OR BUSINESS INTERRUPTION, ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO WHISPLY FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) US $100.

These limits do not apply to fraud, gross negligence, willful misconduct, death or personal injury caused by negligence, or liability that cannot legally be limited. The allocation of risk in these Terms is part of the basis for the price of the Service.

To the extent permitted by law, you agree to defend and indemnify Whisply and its affiliates and personnel against third-party claims, damages, liabilities, and reasonable expenses arising from content you submit without authorization, your unlawful or fraudulent misuse of the Service, your violation of another person’s rights, or your material breach of these Terms. We may assume control of a matter at our expense, and you agree to cooperate. This section does not require you to indemnify us for our own unlawful conduct or where such an obligation is prohibited.

These Terms and disputes arising from or relating to them or the Service are governed by the laws of the State of Illinois, without regard to conflict-of-laws rules. Applicable federal law may govern particular claims. Mandatory consumer protections in your place of residence are not waived.

Before filing a formal claim, contact support@whisply.net with a description of the dispute and the remedy you seek. We will attempt in good faith to resolve it. If we cannot resolve it, you and Whisply consent to the exclusive jurisdiction of state and federal courts located in Illinois, unless applicable law gives you the right to proceed in another jurisdiction. You may bring an eligible claim in small-claims court.

These Terms do not impose mandatory arbitration or waive a right that applicable law does not allow you to waive.

We may revise these Terms to reflect product changes, legal requirements, security needs, or operational changes. We will post the revised Terms with a new “Last updated” date and, where required or appropriate for material changes, provide additional notice through the Service or by email.

Revisions apply prospectively from their effective date. If you continue using the Service after a revision takes effect, you accept the revised Terms. If you do not agree, stop using the Service and cancel any recurring subscription. Changes do not retroactively reduce rights already accrued under law.

These Terms and the documents they reference form the entire agreement between you and Whisply about the Service. If a provision is unenforceable, it will be modified only as needed to make it enforceable, and the remaining provisions will continue. Our failure to enforce a provision is not a waiver. You may not assign your account or these Terms without our consent; we may assign them as part of a merger, reorganization, or sale of assets, subject to applicable law and your rights.

Neither party is liable for delay caused by events beyond its reasonable control, except for payment obligations. Notices to you may be sent through your account email or the Service. Legal and support notices to Whisply should be sent to support@whisply.net.