Whisp Terms of Service

1. Definitions. “Whisp” refers to the entity operating the Whisp service, including its founders, contributors, and affiliates (collectively, "we", "us", or "our").


2. Description of Service. Whisp provides an artificial intelligence agent that facilitates interactions with Solana, including but not limited to sending tokens, swapping tokens, funding wallets via Coinbase (https://coinbase.com), connecting external wallets, researching tokens, and purchasing gift cards with cryptocurrency (collectively, the "Service"). Your use of the Service is governed by these Terms of Service ("Terms").


3. Acceptance of Terms. By using the Service, you agree to be bound by these Terms. If you do not agree to all of the Terms, you may not access or use the Service. These Terms expressly supersede and replace any prior agreements or understandings, written or oral, relating to the Service.


4. Modification of Terms. Whisp reserves the right, at its sole discretion, to modify these Terms, including the Privacy Policy and other policies incorporated herein, at any time and without prior notice. Your continued use of the Service after any such changes constitutes your binding acceptance of the new Terms.


5. Eligibility. You represent and warrant that you are at least 18 years of age. If you are under 18 years of age, you may not use the Service.


6. Prohibited Uses. You agree not to use the Service for any unlawful purpose or in any way that violates local, state, national, or international laws. You are solely responsible for ensuring that your use of the Service complies with all applicable laws and regulations. Prohibited uses include but are not limited to:

  • Criminal activities

  • Malicious, fraudulent, or illegal purposes

  • Infringement of Whisp or third-party intellectual property rights

  • Defamatory, harassing, abusive, or threatening use

  • Distribution of unauthorized spam

  • Transmission of viruses, malware, or other destructive code

  • Gathering or transmitting personal information without consent

  • Interference with service functionality or security features.


7. Financial Transactions & Cryptocurrency Usage.

  • Transactions involving cryptocurrency, including sending, swapping, and funding wallets, are irreversible and subject to market risks.

  • Whisp does not guarantee the accuracy or availability of token swaps or third-party integrations.

  • You acknowledge that using the Service for cryptocurrency transactions involves risks, including but not limited to price volatility, regulatory changes, and loss of funds.

  • You are solely responsible for complying with applicable financial regulations and reporting obligations.


8. Purchases & Refunds.

  • All purchases made through the Service, including but not limited to cryptocurrency transactions, token swaps, and gift card purchases, are final and non-refundable.

  • Whisp does not process refunds for any completed transactions, regardless of user error, unauthorized access, or transaction disputes.

  • Gift card purchases are only available to users located in the United States. Whisp does not guarantee availability outside the U.S. and is not responsible for any failed transactions due to regional restrictions.

  • You acknowledge that digital assets and cryptocurrency transactions are irreversible and that Whisp assumes no responsibility for lost, misdirected, or incorrectly executed transactions.

  • Whisp reserves the right to modify its pricing structure and fees at any time at its sole discretion.


9. User Content. You are solely responsible for any content you contribute, post, or transmit via the Service ("User Content"). You guarantee that your User Content complies with the Acceptable Use Policy (see below). Whisp does not claim ownership of User Content. However, by submitting User Content, you automatically grant Whisp a perpetual, worldwide, non-exclusive, royalty-free, irrevocable license to use, store, reproduce, modify, create derivative works, publish, distribute and sublicense your User Content in connection with operating and providing the Service.


10. Acceptable Use Policy. You agree not to upload, post, host, or transmit any User Content that:

Is unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, contains pornography, or racially, ethnically, or otherwise objectionable

  • Encourages criminal conduct or provides instructional information about illegal activities

  • Infringes any third party's intellectual property or publicity rights

  • Constitutes unauthorized spam or bulk communications

  • Contains software viruses or malware designed to interrupt, destroy, or limit Service functionality

  • Burdens infrastructure in a way that negatively impacts Service performance, including "denial of service" attacks

  • Attempts to gain unauthorized access to other accounts, computer systems, or networks connected to the Service

  • Uses automated means to access the Service that are not permitted by Whisp

  • Collects information about Service users without obtaining consent

  • Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity.

  • Whisp has sole discretion to determine whether User Content violates this Acceptable Use Policy.

  • Whisp may at any time remove User Content that violates this policy. Repeated violations may lead to account termination.


11. User Account. To access certain features, you may be required to register and create a user account. When you register, you agree to: (a) provide accurate, current, and complete account information, (b) maintain and promptly update your information, (c) maintain the confidentiality of your login credentials, and (d) be fully responsible for all use of your account and for any actions that take place through your account, whether or not authorized by you. You may not select an inappropriate username that violates this Agreement or impersonates someone else.


12. Privacy Policy. Our Privacy Policy is incorporated into these Terms by reference. Please read the full Privacy Policy at https://whsprs.ai/whisp/privacy before using the Service. The Privacy Policy governs our collection and use of your information.


13. Ownership; Proprietary Rights. The Service is owned and operated by Whisp. All materials, including AI algorithms, visual interfaces, systems, methods, software, and content, are proprietary to Whisp and protected by applicable intellectual property laws.


14. Disclaimers. THE SERVICE AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WHISP DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.


15. Limitation of Liability. WHISP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO THE ACCESS OR USE OF THE SERVICE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING IT.


16. Indemnification. You agree to fully indemnify, defend, and hold harmless Whisp from and against any claims, damages, liabilities, costs, and expenses arising from your use of the Service.


17. Termination. Whisp may terminate your access to the Service at any time and for any reason, including but not limited to violations of these Terms.


18. Miscellaneous. If any provision of these Terms is found unenforceable, it shall be severed without affecting the enforceability of the remaining provisions. These Terms do not create any agency, partnership, or employment relationship between you and Whisp.


19. Entire Agreement. These Terms constitute the entire agreement between you and Whisp regarding the Service.