Terms of Service

These Terms of Service (“Terms”) form a binding contract between Wispu (“Wispu,” “we,” “us”) and you, the customer (“Customer,” “you”). By creating an account, accessing the Service, or clicking “I agree,” you accept these Terms. If you accept on behalf of a company, you represent that you have authority to bind it.

1. The Service

Wispu is a software-as-a-service platform that enables Customers to ideate, draft, organize, schedule, publish, and analyze content across social and editorial channels, with assistance from artificial intelligence.

2. Your account

You must provide accurate registration information and keep it current. You are responsible for safeguarding your credentials and for all activity in your account. Notify us immediately at team@wispu.app if you suspect unauthorized access.

You must be at least 16 years old (or the age of legal capacity in your jurisdiction) to use the Service.

3. Acceptable use

You agree not to, and not to permit anyone to:

• Violate any law, third-party right, or these Terms while using the Service.
• Use the Service to generate, distribute, or amplify content that is illegal, defamatory, harassing, hateful, infringing, deceptive, fraudulent, exploitative of minors, or otherwise harmful.
• Attempt to bypass authentication, rate limits, or security measures; probe, scan, or test the Service’s vulnerabilities without our written consent.
• Reverse-engineer, decompile, or extract source code, data, or models from the Service, except as permitted by mandatory law.
• Resell, sublicense, or provide the Service to third parties, except to your authorized end users under a paid plan that permits team access.
• Train, fine-tune, or build a competing product using outputs from the Service.
• Use automated means to harvest data or bombard the Service with requests beyond reasonable use of features.
• Generate sexual content involving minors, content designed to impersonate real individuals deceptively, content that promotes self-harm, or content that violates intellectual-property rights.

We may suspend or terminate access for any violation, with or without notice, depending on severity.

4. Plans and payments

Subscription tiers, included quotas (AI credits, brands, users), and prices are described on the pricing section. Payments are processed by Stripe. By subscribing, you authorize us to charge your payment method on a recurring basis until you cancel.

• Founding pricing: for the first 1,000 customers, founding rates apply for life of the subscription, even if you change tiers, as long as it remains active and in good standing.
• Renewals: subscriptions renew automatically at the end of each billing period unless canceled before renewal.
• Cancellation: you may cancel at any time from your billing settings. Cancellation takes effect at the end of the current billing period.
• Refunds: eligible refund cases are described in our dedicated Refund Policy: 14-day money-back on monthly plans, 30-day pro-rated on annual, plus the consumed-credits and breach exclusions.
• Taxes: prices are exclusive of applicable VAT, GST, or sales tax, which we collect where required.
• Price changes: for non-founding rates, we may change prices with 30 days’ notice. Founding rates are honored per the founding-pricing commitment.
• Failed payments: if a charge fails, we will retry and notify you. We may suspend or downgrade access if a balance remains unpaid after 14 days.

5. AI credits and quotas

Each plan includes a monthly allotment of AI credits for ideation, drafting, and other AI-powered features. Credits do not roll over and reset on each billing cycle. Additional credits may be purchased as one-time packs. Plan quotas (brands, seats) are subject to the downgrade rules described in your billing settings.

6. AI features and your responsibilities

Wispu drafts content with third-party general-purpose AI models. What those models return is a draft, not a verified fact. It can be wrong, out of date, or invented, including names, numbers, quotations, citations and claims about your own business. You are responsible for reading what you publish.

Output is not legal, medical, financial, tax or other professional advice. Where a claim you publish must be substantiated, the evidence is yours to hold.

Publishing is a human action. Nothing leaves Wispu without approval from an account with access, including work prepared by a connected AI assistant. Where the law requires you to disclose that content is artificially generated, that duty is yours, because you decide what ships.

You must not use Wispu for any practice prohibited by Article 5 of Regulation (EU) 2024/1689, for impersonating a real person or organisation, or for presenting fabricated events as real. The full list is in the AI transparency notice, which also names the providers behind each feature. We may change the model behind a feature to keep quality, cost or availability acceptable.

7. Customer content and intellectual property

Your content stays yours. Customer content (“Customer Content”) means everything you submit, upload, or generate using the Service: brand context, drafts, ideas, Reader items, vault items, and any other input or output. You retain all intellectual-property rights in your Customer Content.

You grant Wispu a limited, worldwide, non-exclusive, royalty-free license to host, store, transmit, display, and process Customer Content solely to provide the Service to you (including running AI inference and serving results back to your workspace). This license ends when you delete the content or terminate your account, except for retention required by law and ordinary backup cycles.

AI outputs. Subject to applicable law and these Terms, you own AI outputs generated for your workspace. You are responsible for reviewing AI outputs before publishing them: AI may produce inaccurate, biased, or infringing content, and you must validate suitability for your use case.

Our IP. The Service, software, models, design, and Wispu trademarks are owned by Wispu and licensed to you only under these Terms. We retain all rights not expressly granted.

Feedback. If you send us feedback or suggestions, we may use them without restriction or compensation.

8. Third-party services

The Service integrates with third-party platforms (e.g., Stripe for payments; Zernio and the social networks for publishing; the Vercel AI Gateway and underlying AI providers for inference). Your use of those services is governed by their respective terms; we are not responsible for them.

9. Confidentiality

Each party agrees to protect the other’s confidential information with the same care it uses for its own (no less than reasonable care) and to use it only to perform under these Terms. Customer Content is treated as your confidential information.

10. Warranty disclaimer

Except as expressly provided, the Service is provided “as is” and “as available,” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty regarding the accuracy, completeness, or reliability of AI outputs.

11. Limitation of liability

To the maximum extent permitted by law, Wispu will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, business opportunity, or goodwill, even if advised of the possibility. Our total aggregate liability under these Terms is limited to the greater of (a) the amount you paid Wispu in the 12 months preceding the event giving rise to the claim, or (b) USD 100. Some jurisdictions do not allow these limits; in those cases the limit is the maximum permitted by law.

12. Indemnification

You will defend, indemnify, and hold Wispu and its personnel harmless from any third-party claims arising from your Customer Content, your violation of these Terms, your violation of law, or your misuse of the Service.

13. Term, suspension, and termination

These Terms remain in force as long as you have an account. Either party may terminate for material breach with 14 days’ notice if the breach is not cured. We may suspend access immediately for security, legal, or acceptable-use reasons. On termination, you may export Customer Content for 30 days, after which we delete it (subject to backup cycles and legal retention).

14. Changes to these Terms

We may update these Terms. Material changes are announced via email or in-product notice at least 30 days before they take effect. Continued use after the effective date constitutes acceptance.

15. Governing law and disputes

These Terms are governed by the laws of the State of Wyoming, United States, where Kyba Ventures LLC is incorporated, excluding its conflict-of-law rules. The parties submit to the exclusive jurisdiction of the courts of that jurisdiction, except that consumers retain mandatory rights under their local law and may bring claims in their local courts where required.

For EU/EEA consumers: nothing in these Terms limits mandatory consumer protections under your local law. The European Commission’s online dispute-resolution platform is available at ec.europa.eu/consumers/odr.

16. Miscellaneous

• Entire agreement: these Terms, together with the Privacy Policy and any order form, are the complete agreement between us.
• No assignment: you may not assign these Terms without our written consent. We may assign in connection with a merger, acquisition, or sale of assets.
• Severability: if any provision is unenforceable, the rest remains in force.
• No waiver: failure to enforce a provision is not a waiver.
• Notices: notices to you go to the email on your account; notices to us go to team@wispu.app.