Terms of Service

1. Agreement to Terms

Whisper Security provides software and services that assist organizations with discovering, prioritizing, and fixing security issues across their codebases. By accessing or using any part of the Services, you agree to be bound by these Terms of Service ("Terms"). If you are using the Services on behalf of an organization, you represent that you are authorized to bind that organization and that it accepts these Terms.

2. Eligibility and Accounts

You must be legally capable of entering into a binding agreement under the laws that apply to you in order to use the Services. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Promptly notify us of any unauthorized access or suspected security incident at support@usewhisper.dev.

3. Service Access and Availability

We may modify, suspend, or discontinue any part of the Services at any time, including the availability of any feature, database, or content. We will use commercially reasonable efforts to provide advance notice of material changes. We are not liable for any downtime resulting from maintenance, upgrades, or circumstances beyond our reasonable control.

4. Acceptable Use

You agree not to:

• Attempt to access the Services without authorization or probe, scan, or test system vulnerabilities.
• Upload or transmit malicious code, backdoors, or content that infringes the rights of others.
• Use the Services to violate any applicable law, regulation, or third-party policy.
• Resell, rent, or sublicense the Services without our prior written consent.
• Misrepresent scan results or remove proprietary notices from the Services.

5. Customer Data and Intellectual Property

You retain ownership of code, configurations, and other materials you submit to the Services ("Customer Data"). You grant Whisper Security a worldwide, non-exclusive license to host, analyze, and process Customer Data solely to provide and improve the Services. The Services, including software, documentation, and branding, are owned by Whisper Security or its licensors and are protected by intellectual property laws. No rights are granted to you other than those expressly stated in these Terms.

6. Plans, Billing, and Refunds

Access to paid features requires a valid subscription. Fees are billed in advance according to the plan selected. Payments are processed through third-party payment processors, and you authorize us and our processors to store payment details and charge your chosen payment method. Unless otherwise agreed, subscriptions renew automatically until canceled.

Our refund policy includes the following commitments:

• Monthly subscriptions are non-refundable, but you may cancel at any time to avoid future charges.
• Annual or prepaid plans are eligible for a prorated refund if requested within 30 days of the initial charge, subject to verification of account activity and compliance with these Terms.
• If we materially fail to deliver the Services outlined in your plan and cannot remedy the issue within 15 days of receiving written notice, we may issue a prorated credit or refund at our discretion.

Email support@usewhisper.dev for billing assistance.

7. Confidentiality

Each party agrees to protect confidential information disclosed by the other party and to use that information only for purposes related to the Services. Customer Data is treated as confidential and will not be shared except as permitted under our Privacy Policy or as required by law.

8. Disclaimers

The Services are provided "as is" without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, or non-infringement. Security guidance and recommendations are generated through automated analysis and human review; you remain responsible for verifying code changes before deploying them to production environments.

9. Limitation of Liability

To the maximum extent permitted by law, Whisper Security and its suppliers will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits or revenues, arising out of or relating to your use of the Services. Our aggregate liability for any claim relating to the Services is limited to the amounts paid by you to Whisper Security for the Services during the twelve months preceding the event giving rise to the claim.

10. Indemnification

You agree to defend, indemnify, and hold harmless Whisper Security and its affiliates, officers, directors, employees, and agents from and against any claims, damages, liabilities, and expenses arising from your Customer Data, your use of the Services, or your violation of these Terms or applicable law.

11. Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. Any disputes will be resolved in the state or federal courts located in San Francisco County, California, and each party consents to the jurisdiction of those courts.

12. Changes to These Terms

We may update these Terms to reflect operational, legal, or regulatory changes. When we make material updates, we will notify you via email or within the product and update the "Last updated" date above. Continued use of the Services after the effective date of any changes constitutes acceptance of the revised Terms.

13. Contact

Questions about these Terms can be directed to support@usewhisper.dev.