Updated: May 19, 2024
Terms of Service
From everyone here at Whirr, thank you for using our product.
We built Whirr to help you, or really anyone, better engage with users, customers, coworkers, and humankind. These Terms of Service help keep all those people safe from bad actors, and keep this platform alive.
Introduction
Definitions
When we say “Company”, “we”, “our”, or “us” in this document, we are referring to Whirr, Inc.
When we say "Services", we are referring all together to Whirr, along with any associated software and websites.
When we say “You” or “your”, we are referring to the people or organizations that own an account with one or more of our Services.
When we say "Terms", we are referring to these Terms of Service.
Updates
When you use our Services, now or in the future, you are agreeing to the latest Terms. There may be times where we do not exercise or enforce a right or provision of the Terms; however, that does not mean we are waiving that right or provision.
Modifications
We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on our website. Your continued use of the Services after such modifications will constitute your acceptance of the revised Terms.
Agreement
These Terms apply to your access to and use of our Services. These Terms form an agreement between you and Whirr, Inc., a Delaware company. By using our Services, you agree to these Terms.
Usage
What you can do
Subject to your compliance with these Terms, you may access and use our Services. In using our Services, you must comply with all applicable laws as well as our Acceptable Use Policy, Refund Policy, and any other documentation, guidelines, or policies we make available to you. The aforementioned policies, and other policies posted in our Support Center are incorporated into these Terms by this reference.
What you cannot do
You may not use our Services for any illegal, harmful, or abusive activity. For example, you may not:
- Use our Services in a way that infringes, misappropriates or violates anyone’s rights.
- Modify, copy, lease, sell or distribute any of our Services.
- Attempt to or assist anyone to reverse engineer, decompile or discover the source code or underlying components of our Services, including our algorithms or systems (except to the extent this restriction is prohibited by applicable law).
- Automatically or programmatically extract data.
- Interfere with or disrupt our Services, including circumvent any rate limits or restrictions or bypass any protective measures or safety mitigations we put on our Services.
Software
Our Services may allow you to use or download software, such as desktop applications, which may update automatically to ensure you’re using the latest version. Our software may include open source software that is governed by its own licenses.
Corporate domains
If you create an account using an email address owned by an organization (for example, your employer), that account may be added to the organization's business account with us, in which case we will provide notice to you so that you can help facilitate the transfer of your account (unless your organization has already provided notice to you that it may monitor and control your account). Once your account is transferred, the organization’s administrator will be able to control your account, including being able to access content and restrict or remove your access to the account.
Feedback
We appreciate your feedback, and you agree that we may use it without restriction or compensation to you.
Accounts
Registration
To access certain features of the Services, you may need to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
Minimum age
You must be at least 13 years old or the minimum age required in your country to consent to use the Services. If you are under 18 you must have your parent or legal guardian’s permission to use the Services.
Security
You are responsible for maintaining the security of your account and password, any activities that occur under your account, and for ensuring that any of your users do the same. We cannot and will not be liable for any loss or damage from failure to comply with this security obligation.
Authority and content
You may not share your account credentials or make your account available to anyone else and are responsible for all activities that occur under your account. If you create an account or use the Services on behalf of another person or entity, you must have the authority to accept these Terms on their behalf.
Email communication
By signing up, you agree to receive transactional, account-related, and promotional emails from us.
No robots allowed
(sorry, future robot overlords)
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
Payment
Free is free
If you are using a free version of one of our Services, it is really free: we do not ask you for your credit card.
Subscriptions
Access to some features included in the Services may require payment of subscription fees. The fees and payment terms are described on our pricing page and are subject to change.
Upgrading
If you are upgrading from a free plan to a paid plan, we will charge your card immediately and your billing cycle starts on the day of upgrade. For other upgrades or downgrades in plan level, the new rate starts from the next billing cycle.
Taxes
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities.
Payment information
You agree to provide accurate and complete payment information and authorize Whirr to charge all fees incurred through your account to the payment method you provide.
Refunds
We aim to provide our users with quality services and a satisfying experience. We provide refunds at our sole discretion following our Refund Policy. Services are provided "as is" and "as available" without warranties of any kind, either express or implied.
Copyright
First and foremost, all content posted on the Services must comply with U.S. copyright law. By adding or uploading content to our Services you certify you hold the rights to any intellectual property. We take copyright and ownership seriously, if you publish content and are not be the legal copyright holder, see termination.
Limited license
You grant us a limited license to use the content posted by you and your users in order to provide the Services to you, but we claim no ownership rights over those materials. All materials you submit to the Services remain yours.
License grant
We may reach out for your approval to grant us permission to use your company’s name, logo, and trademarks solely for the purposes of testimonials or promoting our Services. This includes, but is not limited to, featuring your company's logo and name on our website, in case studies, when bragging to our moms, and in other promotional materials.
Removal of content
We do not pre-screen content, but we reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service.
Our intellectual property rights
Whirr or its licensors own all right, title, and interest in and to the Services, including all intellectual property rights therein, and you obtain no ownership rights in the Services as a result of your use. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from us. We ask that you request permission to use Whirr's logos or any Service logos for promotional purposes. We reserve the right to rescind any permissions if you violate these Terms.
Reproduction or resale
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission of the Company.
Third party Services
Our services may include third party software, products, or services, (“Third Party Services”) and some parts of our Services, like our browse feature, may include output from those services (“Third Party Output”). Third Party Services and Third Party Output are subject to their own terms, and we are not responsible for them.
Termination
Whirr reserves the right to suspend or terminate your account and access to the Services at any time, with or without cause, and with or without notice.
The most likely cause of a suspension or termination would be a failure to comply with our Acceptable Use Policy. This policy is in place to ensure a safe and positive experience for everyone.
Disclaimers
Limitation of liability
To the fullest extent permitted by law, Whirr shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly.
Monitoring for improvement
We may record and monitor sessions for the purpose of improving our Services. This may include, but is not limited to, recording user interactions, mouse movements, and screen content during your use of the Services. Session recording and monitoring will be used solely for analysis and improvement of our Services, including but not limited to providing support, enhancing user experience, identifying and fixing bugs, and optimizing performance.
We are committed to protecting the privacy and confidentiality of our users. Therefore, any information collected through session recording and monitoring will be treated in accordance with our Privacy Policy.
Entire Agreement
These Terms, along with all other referenced policies, constitute the entire agreement between you and Whirr regarding the use of the Services.
Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
Governance
Delaware law will govern these Terms except for its conflicts of laws principles. All claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts of Delaware.
