Terms of Service

These Terms of Service ("Terms") govern your access to and use of the WhisperHelp website, mobile application, and related services (collectively, the "Service").

WhisperHelp is operated by:

By accessing or using the Service, you agree to be legally bound by these Terms. If you do not agree, do not use the Service.

1. Nature of the Service

WhisperHelp is an artificial intelligence-powered digital emotional support platform.

WhisperHelp:

• Is not a licensed therapist
• Is not a healthcare provider
• Does not provide medical advice
• Does not diagnose medical or psychological conditions
• Does not provide psychiatric services
• Does not provide treatment plans
• Does not provide emergency services

All responses are generated by artificial intelligence systems.

Use of WhisperHelp does not create a therapist-client, doctor-patient, fiduciary, or professional advisory relationship.

2. No Emergency or Crisis Services

WhisperHelp is not designed for crisis intervention.

For U.S. users: Dial 988.

For international users: Contact your local emergency number.

We assume no responsibility for crisis situations.

3. Eligibility

You must be at least 18 years old.

By using the Service, you represent that:

• You are 18 or older
• You have legal capacity to enter into binding agreements

4. AI-Generated Content Disclaimer

You acknowledge:

• AI-generated responses may be inaccurate or incomplete
• The Service does not replace licensed professionals
• No guarantees of emotional improvement are made
• You are solely responsible for decisions based on AI outputs

Use at your own risk.

5. No HIPAA Compliance

WhisperHelp is not a covered entity or business associate under HIPAA.

The Service is not intended for storage or processing of Protected Health Information (PHI).

Do not submit medical records, insurance data, or clinical health documentation.

6. No Therapist-Level Confidentiality

WhisperHelp is not a licensed therapist.

Communications are not protected by therapist-client privilege or doctor-patient privilege.

While we use reasonable safeguards, confidentiality is not equivalent to licensed therapy protections.

7. Subscriptions & Payments

Subscriptions renew automatically unless canceled.

All payments are final and non-refundable except where required by law.

We do not provide refunds for:

• Partial periods
• Lack of usage
• Dissatisfaction with AI responses
• Personal outcomes

8. Data Collection & Processing

We may collect:

• Account information
• Device and technical information
• Usage metrics
• Content submitted through the Service

We may process data to:

• Operate the Service
• Improve AI systems
• Ensure platform safety
• Prevent abuse
• Comply with legal obligations

We do not sell personal data.

9. Conversations & Retention

User inputs and conversations may be processed to:

• Generate AI responses
• Improve system performance
• Monitor misuse
• Ensure system integrity

We may retain conversational data for limited periods consistent with operational, legal, and security requirements.

Where possible, we may use anonymized or aggregated data for system improvement.

10. Third-Party Providers

We may share information with service providers for:

• Cloud hosting
• AI processing
• Payment processing
• Analytics
• Security monitoring

Providers are contractually obligated to protect data.

11. International Data Transfers

WhisperHelp operates globally.

Your information may be transferred to and processed in the United States or other jurisdictions.

By using the Service, you consent to international data transfers.

Where required, we implement appropriate safeguards, including:

• Standard Contractual Clauses (SCCs)
• Contractual data protection agreements

12. European Union (GDPR) Rights

For users in the European Economic Area (EEA):

Under the General Data Protection Regulation (GDPR), you have the right to:

• Access your personal data
• Correct inaccurate data
• Request deletion ("Right to be Forgotten")
• Restrict processing
• Data portability
• Object to processing

Our legal bases for processing may include:

• Contractual necessity
• Legitimate interests
• Consent
• Legal compliance

To exercise your rights, contact: support@whisperhelp.ai

You may also lodge a complaint with your local supervisory authority.

13. United Kingdom Data Rights

For users in the United Kingdom:

Your rights under the UK GDPR mirror those under EU GDPR.

Data may be transferred outside the UK with appropriate safeguards in place.

You may contact the UK Information Commissioner's Office (ICO) for complaints.

14. Canada – PIPEDA Compliance

For users in Canada:

WhisperHelp complies with the Personal Information Protection and Electronic Documents Act (PIPEDA).

You have the right to:

• Access your personal information
• Request correction of inaccuracies
• Withdraw consent where applicable

To make a request, contact: support@whisperhelp.ai

You may also contact the Office of the Privacy Commissioner of Canada.

15. User Conduct & User-Generated Content

You agree not to:

• Use the Service unlawfully
• Attempt reverse engineering
• Extract proprietary AI systems
• Upload malicious content
• Harass, bully, threaten, or abuse others

Community & User-Generated Content

The Service may allow you to create, post, and share content, including posts, comments, and reactions, in community features ("User Content"). You are solely responsible for the User Content you submit and for ensuring it is lawful. Before posting User Content, you must affirmatively agree to these community rules within the app.

There is zero tolerance for objectionable content. You agree not to post, upload, or share any User Content that:

• Is abusive, harassing, threatening, hateful, or bullying
• Is defamatory, obscene, sexually explicit, or pornographic
• Promotes self-harm, suicide, violence, or illegal activity
• Is discriminatory or targets others based on protected characteristics
• Infringes the intellectual property, privacy, or other rights of others
• Is spam, a scam, or otherwise fraudulent or misleading

Moderation, reporting, and enforcement:

• We may review, moderate, filter, refuse, remove, or disable access to any User Content at our sole discretion, with or without notice.
• You can report objectionable content and block abusive users directly within the app. We aim to review reported content and act on violations, including removing content, within 24 hours.
• We may warn, suspend, restrict, ban, or terminate the accounts of users who post objectionable content or otherwise violate these Terms.

We may suspend or terminate accounts at our discretion.

16. Intellectual Property

All AI systems, algorithms, software, branding, and content are owned by WhisperHelp LLC.

Unauthorized use is prohibited.

17. Assumption of Risk

Emotional discussions may carry psychological risk.

You voluntarily assume all risks associated with use.

18. Limitation of Liability

To the fullest extent permitted by law:

WhisperHelp LLC shall not be liable for:

• Emotional distress
• Psychological harm
• Personal decisions
• Indirect damages
• Consequential damages
• Loss of profits

Total liability is limited to the amount paid in the three (3) months preceding the claim.

19. Indemnification

You agree to indemnify WhisperHelp LLC against claims arising from:

• Misuse of the Service
• Violation of these Terms
• Reliance on AI-generated content

20. Mandatory Arbitration

All disputes shall be resolved by binding arbitration under the American Arbitration Association (AAA) rules.

Arbitration shall:

• Take place in Delaware
• Be conducted in English
• Be individual only

You waive:

• Jury trial rights
• Class actions
• Collective proceedings

21. Class Action Waiver

Disputes must be brought individually.

No class or mass arbitration allowed.

22. Governing Law

These Terms are governed by the laws of the State of Delaware.

23. Termination

We may suspend or terminate access at any time if:

• Terms are violated
• Misuse is suspected
• Legal risk arises

24. Changes to Terms

We may update these Terms at any time.

Continued use constitutes acceptance.

25. Contact Information