The agreement, in plain language.

The agreement

This document, together with our Privacy Policy and Cookie Policy, is the entire agreement between you and KwypeSoft regarding Whispia. It supersedes any prior version. Where the app distribution platform (Apple App Store, Google Play) imposes additional terms, those terms apply to the distribution of the app and, in case of conflict with these Terms about distribution, prevail to the extent of the conflict.

Account and eligibility

To use Whispia you must create an account, be at least 16 years old (or the minimum digital-consent age in your country, where lower), and have legal capacity to enter into a contract. You must give accurate information and keep your credentials confidential. You are responsible for activity on your account. If you suspect unauthorised access, contact us promptly at contact@whispia.app.

Licence to use Whispia (EULA)

Subject to your compliance with these Terms, KwypeSoft grants you a personal, worldwide, non-exclusive, non-transferable, revocable licence to download and use the Whispia mobile application on devices you own or control, for personal, non-commercial use. The app is licensed, not sold.

You agree not to:

• Copy, modify, reverse-engineer, decompile or disassemble the app, except to the extent permitted by mandatory law (e.g. Article 6 of EU Directive 2009/24/EC).
• Rent, lease, lend, sell, redistribute or sublicense the app or your account.
• Remove or alter any proprietary notices, trade marks or copyright marks.
• Use the app in connection with any automated system, scraper, or bulk-extraction tool.
• Use the app on jail-broken or rooted devices to bypass payment, security or content controls.

The licence terminates automatically if you breach these Terms or close your account.

Subscriptions, tokens and billing

Whispia offers a free tier and a paid Premium tier. The current plan and pricing are shown in the app and on the pricing page. Subscriptions are billed via Apple, Google, or our payment processor (Stripe / RevenueCat) in accordance with their terms. By starting a subscription you authorise the relevant store or processor to charge your payment method on each renewal.

Premium includes a monthly token allowance used to power AI generation. Tokens are an internal accounting unit; they are not money, not a security, not transferable, have no cash value, and cannot be redeemed for cash. Unused tokens may roll over up to the cap stated in the app. Tokens expire on account closure or non-payment.

Subscriptions auto-renew unless cancelled at least 24 hours before the end of the current period via the relevant store. Prices may change with at least 30 days' notice; if you do not accept a price change, you may cancel before it takes effect.

Cancellation and refunds

EU right of withdrawal. If you are a consumer in the EU, you have a 14-day right to withdraw from a paid subscription under Articles L. 221-18 and following of the French Consumer Code. By starting to use Premium content within those 14 days, you expressly request immediate performance of the service and acknowledge that you lose your right of withdrawal once the service has been fully performed (Article L. 221-28 13°). For digital content delivered immediately on purchase (e.g. a token top-up that you start using), the right of withdrawal is also lost when performance begins with your prior express consent.

Outside the right of withdrawal, refund requests are handled by the store you bought through (Apple App Store or Google Play). KwypeSoft cannot directly issue refunds for store-billed subscriptions. For purchases handled by Stripe, contact contact@whispia.app.

You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period; you keep Premium access until then.

AI-generated content

Whispia uses third-party generative-AI services to produce stories, voice narration, and related content on demand. Generative AI is by nature probabilistic. Even with our content-safety pipeline, prompt-and-output filters, and human-reviewed Originals, generated material may sometimes:

• Be of lower quality than expected: repetitive, awkward, abruptly ending, or stylistically off.
• Contain factual mistakes, fabricated names, anachronisms, or fictional details presented as fact (“hallucinations”).
• Drift from your prompt, or only loosely match the mood / theme / length you requested.
• Occasionally produce unexpected, uncomfortable or otherwise unwelcome content, despite our guard rails. We do not guarantee any specific content outcome.
• Vary in voice quality, pacing or pronunciation due to the underlying voice provider.

If you ever encounter generated content that is unsafe, inappropriate or upsetting, please report it from the player screen or by writing to contact@whispia.app. We review every report and use it to improve the safety pipeline.

Ownership and your content

Our content. Whispia, the app, the Originals catalogue, the Whispia name, logo, brand, design system, voice presets and accompanying materials are owned by KwypeSoft or its licensors and are protected by copyright, trade-mark, and other intellectual-property laws. Nothing in these Terms transfers any of those rights to you.

Your prompts. You retain whatever rights you have in the prompts you provide. You grant KwypeSoft a worldwide, non-exclusive, royalty-free licence to use those prompts for the sole purpose of generating the requested output, operating the service, and (in aggregated, de-identified form) improving safety and quality.

Generated outputs. Subject to these Terms and to the terms of our AI providers, KwypeSoft assigns to you any rights it may have in the specific text and audio generated for you, for personal, non-commercial use. You acknowledge that:

• Identical or similar outputs may be generated for other users; we make no exclusivity claim and you may not either.
• Copyright protection on AI-generated material is uncertain and varies by jurisdiction; we make no warranty as to its protectability.
• You are responsible for how you use the output.

Acceptable use

You agree not to use Whispia to generate, request, store, or distribute content that:

• Sexually exploits or endangers a minor, or sexualises minors in any way.
• Promotes self-harm, suicide, eating disorders, or violence against others.
• Contains real-person sexual content, harassment, doxxing, or hate speech against a protected group.
• Aims to extract training data, bypass safety controls, jailbreak, or impersonate the system.
• Infringes copyrights, trade marks, privacy rights, or any third-party right.
• Breaks any applicable law.

We reserve the right to refuse a generation, remove content, or suspend or terminate accounts that breach these rules, with or without prior notice depending on severity.

Family profiles and child use

Whispia accounts are for adults. A parent or legal guardian may create one or more child profiles within their account, choosing the appropriate age band (0–3 or 3–10). By creating a child profile, you confirm you are the parent or legal guardian and consent, on behalf of the child, to the limited processing described in the Privacy Policy.

Children must not generate AI stories on their own; AI generation is gated behind a parent passcode. Originals available to a child profile are filtered to that age band. Despite these measures, generative content is variable (see section 06); parents are responsible for supervising listening sessions and may disable the AI generation feature entirely from family settings.

Third-party stores and services

The app is distributed through Apple App Store and Google Play. The standard EULA of each store applies in addition to ours, and prevails over inconsistent provisions of these Terms regarding distribution, refunds, and the relationship between you and the store. Apple Inc. and Google LLC are third-party beneficiaries of these Terms with respect to the app on their platform and may enforce them against you.

We integrate with third-party services (OpenAI, Anthropic, ElevenLabs, Stripe / RevenueCat, Apple, Google). Your use of those services is also governed by their own terms; we are not responsible for their acts or omissions, but we choose them carefully and require contractual safeguards.

Changes to the service and these Terms

The service is iterative. We may add, change or remove features, content categories, voices, or pricing tiers, and update these Terms accordingly. For material changes affecting your rights or your subscription, we will give at least 30 days' notice in-app or by email. Continued use of the service after the effective date of a change constitutes acceptance of the new Terms; if you do not accept, you may close your account.

Disclaimers

To the maximum extent permitted by law, the Whispia service and the app are provided “as is” and “as available”. We do not warrant that the service will be uninterrupted, error-free, secure against intrusion, or that any specific output, voice, or story will meet your expectations. We do not warrant that AI output will be accurate, suitable, or fit for any particular purpose. Whispia is intended for relaxation and entertainment; it is not a medical device and is not a substitute for professional advice or treatment. If you have a sleep disorder, anxiety disorder, depression, or any other condition, please consult a qualified professional.

Nothing in this section limits any non-excludable consumer rights you may have under French or EU law, including the legal warranty of conformity (garantie légale de conformité) under Articles L. 217-3 and following of the French Consumer Code, and the warranty against hidden defects (garantie des vices cachés) under Articles 1641 and following of the French Civil Code.

Limitation of liability

To the maximum extent permitted by law, KwypeSoft, its directors, employees, and agents shall not be liable for indirect, incidental, special, consequential, or punitive damages, lost profits, lost data, lost goodwill, or substitute-service costs, arising out of or relating to your use of Whispia, even if advised of the possibility. KwypeSoft's total aggregate liability arising out of or relating to these Terms or your use of the service shall not exceed the greater of (a) the amount you paid to KwypeSoft for the service in the 12 months preceding the event giving rise to the claim, or (b) fifty euros (€50).

Nothing in this section excludes or limits liability that cannot be excluded or limited by law, including liability for death or personal injury caused by negligence, for fraud, or for gross negligence or wilful misconduct.

Indemnity

You agree to indemnify and hold harmless KwypeSoft from any claim, loss, damage, liability, or expense (including reasonable legal fees) arising out of (a) your breach of these Terms, (b) your misuse of the service, (c) your violation of any law or third-party right, or (d) any content you submit or generate on the service. We may, at our expense, assume the exclusive defence of any matter for which you owe us indemnification.

Governing law and disputes

These Terms are governed by the law of France, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Any dispute relating to these Terms or the service shall first be raised with us at contact@whispia.app so that we can try to resolve it amicably. If we cannot, you may bring the dispute before the competent French courts. Consumers retain the right to bring an action before the courts of their country of residence and to benefit from the mandatory protective provisions of their local law. Consumers also have access to the European Commission's online dispute resolution platform.

Miscellaneous

• Severability. If any provision is found unenforceable, the rest of the Terms remain in force.
• No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
• Assignment. You may not assign these Terms; we may assign them to an affiliate or a successor in connection with a merger, acquisition, or sale of assets.
• Force majeure. Neither party is liable for failure to perform due to events beyond its reasonable control.
• Notices. We may send notices in-app or by email to the address on your account; you accept that as a valid written notice.
• Language. These Terms are available in English and French. In case of conflict, the French version prevails for consumers domiciled in France.

Contact

Questions about these Terms: contact@whispia.app. KwypeSoft, France.