Terms of Service

Last Updated: October 26, 2023

Welcome to softwhisper.xyz. These Terms of Service ("Terms") govern your access to and use of our website, services, applications, and products (collectively, the "Service"). Please read these Terms carefully before using the Service.

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you disagree with any part of the terms, you may not access the Service. The Service is provided by the team at softwhisper.xyz ("we," "us," or "our").

1. Acceptance of Terms

By accessing, browsing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. These Terms constitute a legally binding agreement between you and softwhisper.xyz. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" will refer to both you and that organization.

We reserve the right to modify or update these Terms at any time at our sole discretion. We will provide notice of significant changes by posting the new Terms on this page and updating the "Last Updated" date. Your continued use of the Service after such modifications constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for changes.

2. Use of Service

The Service provided by softwhisper.xyz is intended for your personal or internal business use, subject to your compliance with these Terms.

2.1 Eligibility

You must be at least 18 years of age, or the age of majority in your jurisdiction, to use the Service. By using the Service, you represent and warrant that you meet this eligibility requirement.

2.2 Account Registration

Access to certain features of the Service may require you to register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate and complete. You are solely responsible for safeguarding your account password and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

2.3 Service Modifications and Availability

We reserve the right to modify, suspend, or discontinue any aspect of the Service, temporarily or permanently, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service. We do not guarantee that the Service will be available uninterrupted, secure, or error-free.

3. User Responsibilities

You are solely responsible for your conduct and any data, text, files, information, or other materials that you submit, post, or display on or via the Service.

3.1 Acceptable Use

You agree not to use the Service to:

• Violate any applicable local, state, national, or international law or regulation.
• Infringe upon or violate our intellectual property rights or the intellectual property rights of others.
• Harass, abuse, insult, harm, defame, slander, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
• Submit false or misleading information.
• Upload or transmit viruses, malware, or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Service.
• Collect or track the personal information of others without their consent.
• Use the Service for any obscene or immoral purpose.
• Interfere with or circumvent the security features of the Service or any related website.

3.2 User Content

You retain ownership of any content you create or submit through the Service ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service and our business.

You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to your User Content and to grant the license above.

4. Intellectual Property

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of softwhisper.xyz and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of softwhisper.xyz.

You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for its intended purposes in accordance with these Terms. This license does not include any resale or commercial use of the Service or its contents.

5. Limitation of Liability

5.1 Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SOFTWHISPER.XYZ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.

5.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SOFTWHISPER.XYZ, ITS TEAM MEMBERS, DIRECTORS, EMPLOYEES, PARTNERS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SH