WhisperTalkWhisperTalk

Terms of Service

Last updated: December 6, 2025

1. Acceptance of Terms

By accessing or using WhisperTalk ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

These Terms apply to all visitors, users, and others who access or use the Service. By using the Service, you also agree to our Privacy Policy.

2. Description of Service

WhisperTalk is an end-to-end encrypted messaging platform that allows users to communicate securely. The Service includes:

  • End-to-end encrypted direct and group messaging
  • Self-destructing messages
  • File sharing capabilities
  • User profiles and referral systems
  • Read receipts and typing indicators (user-controllable)

3. Account Registration

3.1 Eligibility

You must be at least 13 years old (or 16 in the European Economic Area) to use the Service. By registering, you represent that you meet this age requirement.

3.2 Account Creation

  • You may need a valid referral code to create an account (when invite-only mode is enabled)
  • You must provide accurate and complete information
  • You are responsible for maintaining the security of your account credentials
  • You must notify us immediately of any unauthorized access

3.3 Account Security

Your account is protected by a password that also encrypts your private key. You are solely responsible for:

  • Keeping your password confidential
  • All activities that occur under your account
  • Any consequences of unauthorized access due to your failure to secure your credentials

Warning: If you lose your password and cannot recover your account, your encrypted messages will be permanently inaccessible. We cannot recover your private keys.

4. Acceptable Use

4.1 You Agree NOT to:

  • Use the Service for any illegal purpose or in violation of any laws
  • Harass, abuse, threaten, or intimidate other users
  • Share content that is illegal, harmful, threatening, abusive, defamatory, or otherwise objectionable
  • Distribute malware, viruses, or other harmful code
  • Attempt to gain unauthorized access to other accounts or systems
  • Interfere with or disrupt the Service or servers
  • Use the Service for spam, phishing, or fraudulent activities
  • Impersonate any person or entity
  • Collect or harvest user information without consent
  • Use automated systems or bots to access the Service without permission
  • Share child sexual abuse material (CSAM) or exploit minors in any way
  • Engage in human trafficking, terrorism, or organized crime activities
  • Circumvent any security measures or access controls

4.2 Content Responsibility

You are solely responsible for all content you send through the Service. While we cannot read your encrypted messages, you remain legally responsible for their content.

5. Referral System

  • Referral codes are provided for inviting trusted individuals
  • You are responsible for those you invite through your referral codes
  • Abuse of the referral system may result in account restrictions
  • Referral codes should not be sold or distributed publicly without authorization
  • We reserve the right to disable referral codes at any time

6. Intellectual Property

6.1 Our Rights

The Service, including its original content (excluding user content), features, and functionality, is owned by WhisperTalk and protected by intellectual property laws. Our trademarks and trade dress may not be used without prior written permission.

6.2 Your Content

You retain ownership of content you create and share. By using the Service, you grant us a limited license to transmit and store your encrypted content solely for the purpose of providing the Service.

7. Privacy and Encryption

We are committed to your privacy through end-to-end encryption. However:

  • Encryption protects message content, not metadata (such as when messages are sent)
  • We may be legally required to provide encrypted data to law enforcement
  • While we cannot decrypt your messages, recipients can share or screenshot them
  • Self-destructing messages are deleted from our servers but recipients may have captured them

Please review our Privacy Policy for detailed information about data handling.

8. Termination

8.1 By You

You may delete your account at any time through the Settings page. Upon deletion, your data will be permanently removed within 30 days.

8.2 By Us

We may terminate or suspend your account immediately, without prior notice, for any reason, including but not limited to:

  • Violation of these Terms
  • Illegal activity or suspected illegal activity
  • Harmful behavior toward other users
  • Request by law enforcement or government agency
  • Extended periods of inactivity
  • Technical or security issues

9. Disclaimers

9.1 Service Provided "As Is"

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

9.2 No Guarantees

We do not guarantee that:

  • The Service will be uninterrupted, secure, or error-free
  • Results obtained from the Service will be accurate or reliable
  • Any errors in the Service will be corrected
  • The Service will meet your specific requirements

9.3 Security Disclaimer

While we implement strong encryption and security measures, no system is completely secure. We cannot guarantee that unauthorized third parties will never be able to defeat our security measures.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WHISPERTALK, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • Your access to or use of (or inability to access or use) the Service
  • Any conduct or content of any third party on the Service
  • Any content obtained from the Service
  • Unauthorized access, use, or alteration of your transmissions or content
  • Loss of encrypted data due to forgotten passwords or lost keys

11. Indemnification

You agree to defend, indemnify, and hold harmless WhisperTalk and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

  • Your access to or use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Content you transmit through the Service

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which WhisperTalk operates, without regard to its conflict of law provisions.

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration or in the courts of competent jurisdiction.

13. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after revisions become effective, you agree to be bound by the revised terms.

14. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

15. Entire Agreement

These Terms constitute the entire agreement between you and WhisperTalk regarding the Service and supersede all prior agreements and understandings.

16. Contact Us

If you have any questions about these Terms, please contact us at:

Email: legal@whispertalk.app

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