Terms of Service

1. Agreement and scope

These Terms apply to Whisp.online, its web application, rooms, games, chat, private messaging, groups, profiles, social feeds, creator and upload tools, store, inventory, virtual currency and related services (the “Service”). “Whisp”, “we”, “us” and “our” mean Ceres Emil, registered with the Dutch Chamber of Commerce under number 77146123 and VAT number NL003160913B16. By creating an account or using the Service, you agree to these Terms and acknowledge the Privacy Policy.

If you do not agree, do not use the Service. If you use Whisp for an organization, you confirm that you may bind it to these Terms. Additional written terms shown before a particular paid or creator feature may also apply. If they conflict, those additional terms control only for that feature.

2. Eligibility, accounts and security

You must be at least 13 years old. If the law where you live requires parental consent or a higher minimum age for an online service, you may use Whisp only after that requirement is met. A parent or guardian who permits a minor to use Whisp should supervise that use.

Provide accurate information, use an email address you control, and keep your password, passkeys, magic links and devices secure. Do not sell, share or transfer an account. Tell us promptly through the security contact if you suspect unauthorized access. You are responsible for activity through your account to the extent permitted by law, except activity caused by our failure to use legally required care.

Usernames, display names and profile elements do not create ownership rights. We may require a change where a name impersonates another person, violates rights, misleads users, contains prohibited content or obstructs the Service.

3. How Whisp works

Whisp is a live social and creative environment. Content and actions in a room may be synchronized to other participants. Depending on your choices and the feature, your username, avatar, profile, room, group, creations, comments, scores, awards, inventory or activity can be visible to other users or the public. Private messages are intended for their participants, but are still processed by our systems for delivery, safety, support and legal compliance.

Room owners and authorized editors may arrange rooms and control placed media. Game hosts may start sessions and enforce game rules. Those roles do not make the user an employee, representative or agent of Whisp. Features, availability and technical requirements may change as we maintain and improve the Service.

4. Community and acceptable-use rules

You must not use Whisp to:

• threaten, stalk, bully, harass, exploit, sexually solicit or endanger anyone, especially a minor;
• publish hate, terrorist material, non-consensual intimate material, child sexual abuse material, doxxing, credible threats, fraud or other unlawful content;
• impersonate a person or organization, manipulate engagement, deceive users, evade an enforcement decision or coordinate abuse;
• infringe copyright, trademark, privacy, publicity, database or other rights;
• upload malware or unsafe files, including harmful scripts or SWF content, or probe, bypass or interfere with security, moderation, access controls, rate limits or technical protections;
• scrape, automate, reverse engineer or access non-public systems except where applicable law expressly permits it or we have given written permission;
• sell accounts, virtual currency or items outside an expressly supported Whisp feature, launder value, exploit errors or manipulate the economy; or
• use another person’s personal data without a valid reason or collect it for spam, surveillance or harassment.

Do not encourage or assist another person to do any of these things. When you discover a security flaw, report it privately and do not exploit or publicly disclose it before we can investigate.

5. User content, ownership and licence

“User Content” includes avatars, artwork, SWF files, images, audio, room layouts, games, item assets, group material, profile text, posts, comments and messages submitted through the Service. You keep the rights you hold in your User Content. You are responsible for it and confirm that you have all permissions needed to submit it and allow the uses described here.

Before distributing an upload through Whisp, you must confirm that you created it or hold every copyright, trademark, publicity, privacy, music, software and other licence or permission needed to upload, reproduce, modify, display, distribute and make it available through the Service. We record the account, upload, content hash, statement version and time of that confirmation. A false confirmation is a material breach of these Terms.

To the extent permitted by law, you are responsible for substantiated claims, losses and reasonable costs caused by your unlawful User Content or breach of that confirmation. If you use Whisp for business purposes, you will indemnify Ceres Emil against those third-party claims and reasonable defence costs. This does not make you responsible for Whisp’s own conduct, remove duties imposed on us by law, or limit mandatory consumer rights.

You grant Whisp a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, cache, transcode, scan, technically modify, display, perform, distribute and otherwise process your User Content only as needed to operate, provide, secure, moderate, promote and improve the Service and its user-facing features. This licence includes allowing other users to view and interact with content according to the feature and visibility setting you selected. It lasts while the content is hosted and for a reasonable technical period afterward, including in protected backups, moderation evidence or where continued retention is legally required. Public content copied or shared by others may remain outside our control.

You do not grant us ownership of your User Content. Feedback and product suggestions may be used without payment or obligation, but we will not identify you publicly as their author without permission.

6. Copyright and illegal-content notices

Users, not Whisp, choose what they upload. We do not endorse User Content and cannot guarantee that it is accurate, lawful or non-infringing. This does not remove duties we have under applicable law. We may restrict access to content when we obtain actual knowledge of illegality or receive a sufficiently precise, substantiated notice.

A copyright or illegal-content notice should identify the content and its exact Whisp location, explain the claimed right or illegality, include the reporting person’s name and electronic contact details, contain a good-faith statement that the information is accurate, and include any evidence needed to assess the claim. Submit it through Copyright and content notices. We may send the notice and reporter information to the affected user where lawful and necessary for a fair process.

Affected users may explain why a decision was mistaken, identify lawful authority such as ownership, permission or a copyright exception, and request review. False or abusive notices and counter-notices may lead to account action and legal responsibility. We may terminate repeat infringers where appropriate.

7. Virtual currency, items and creator features

Coins, bars, stamps, inventory objects, awards and other virtual items are limited, personal, revocable licences to use digital features inside Whisp. They are not legal tender, deposits, investments or ownership interests, have no guaranteed cash value and cannot be redeemed or transferred outside supported features. We may correct balances or transactions affected by error, fraud, unauthorized access, chargeback or exploitation, with an explanation where reasonably possible.

Store descriptions, applicable prices and any payment terms shown at checkout form part of the transaction. You must not misrepresent creator assets or manipulate purchases. We may review, reject or remove items that violate these Terms. Nothing in this section limits mandatory consumer rights, including rights relating to conformity, refunds, withdrawal or digital content.

8. Moderation, reporting and enforcement

We may investigate reports and use proportionate measures such as a warning, visibility restriction, content removal, feature limit, transaction reversal, room closure, suspension or termination. We consider the content, context, severity, frequency, intent, risk to others and relevant law. Serious or urgent risks may require immediate action.

Where required, we will give a clear reason and an opportunity to challenge a decision. Reports and appeals can be submitted through the safety contact. We may preserve evidence, notify affected people, or report matters to competent authorities where required or reasonably necessary to protect someone from serious harm.

9. Suspension, termination and deletion

You may stop using Whisp and request account deletion. We may suspend or terminate access for a material or repeated breach, risk to users or the Service, legal requirement, prolonged inactivity, or discontinuation of the Service. When circumstances allow, we will give notice and a reasonable opportunity to fix the issue or appeal. We may act immediately for serious harm, fraud, security threats or unlawful content.

After termination, your right to use the Service ends. Provisions that by their nature should continue, including ownership, necessary content licences, enforcement records, disclaimers, liability and dispute terms, remain effective. Data handling after closure is described in the Privacy Policy.

10. Changes and mandatory consumer rights

We may update the Service and these Terms for legal, security, technical or product reasons. For a material change, we will provide reasonable advance notice where required and state when it takes effect. Changes do not retroactively reduce accrued rights. If you do not accept a material change, you may stop using the Service and close your account.

Nothing in these Terms waives rights that cannot be waived under the law that applies to you. If you are an EU consumer, mandatory rules on digital services and content, unfair contract terms, legal guarantees, remedies and withdrawal continue to apply. Any specific withdrawal information for a paid transaction will be provided before purchase where required.

11. Availability, warranties and liability

We aim to provide a safe and reliable Service, but online and user-generated services cannot be uninterrupted, error-free or free from harmful conduct. To the extent permitted by law, Whisp is provided “as is” and “as available”, without voluntary warranties beyond those expressly stated. You should retain copies of important content.

Nothing excludes or limits liability for intent, deliberate recklessness, death or personal injury caused by negligence, breach of mandatory consumer law, or any liability that cannot lawfully be limited. Subject to that, we are not responsible for loss that was not a reasonably foreseeable result of our breach, for business losses suffered by a consumer, or for events beyond our reasonable control. We are not responsible merely because another user submitted content, but we will handle valid notices and legal duties as required.

If you use Whisp for business purposes, you will, to the extent lawful, reimburse reasonable losses and costs caused by your unlawful content or material breach of these Terms, except to the extent caused by Whisp. This paragraph does not apply to consumers acting outside a trade or profession.

12. Governing law, disputes and general terms

These Terms are governed by Dutch law. If you are a consumer, this choice does not deprive you of mandatory protection under the law of your country of habitual residence. Courts with jurisdiction under applicable law may hear a dispute. Before starting formal proceedings, please contact us so we can try to resolve the issue.

If one provision is invalid, the rest remains effective and the invalid provision will apply only to the maximum lawful extent. Our failure to enforce a provision is not a waiver. You may not transfer this agreement without our consent; we may transfer it as part of a reorganization or transfer of the Service, without reducing mandatory rights. These Terms, the Privacy Policy and applicable transaction terms form the agreement about the Service.

Questions about these Terms can be sent through our Contact Center or by email to [email protected]. Do not use a legal notice channel for spam or unrelated requests.