Terms of Service

6.3 Our Obligations

We will:

• (a) process personal data only on your documented instructions, which consist of these Terms and your use of the Services, unless required otherwise by law, in which case we will inform you where legally permitted;

• (b) ensure that personnel authorised to process personal data are bound by confidentiality obligations;

• (c) implement the security measures described in Section 5.6;

• (d) engage sub-processors only under written data protection terms offering a substantially similar level of protection, and remain responsible for their performance as required by law;

• (e) taking into account the nature of the processing, provide reasonable assistance with responding to data subject requests, data protection impact assessments and prior consultations with supervisory authorities;

• (f) notify you without undue delay after becoming aware of a personal data breach affecting your Customer Data;

• (g) delete personal data in accordance with Section 5.3. Because transcripts and Outputs are stored only on your device, we hold no copy to return at the end of the Services;

• (h) make available information reasonably necessary to demonstrate compliance with this section, as described in Section 6.5.

6.4 Sub-processors

You give us general authorisation to engage the sub-processors listed in our Privacy Policy. Changes are handled as described in Section 4.5, including your right to object.

6.5 Audits

We meet our audit obligations by providing, on written request, documentation reasonably necessary to demonstrate compliance with this section, such as a description of our security measures and our providers’ certifications or audit reports. Requests may be made at most once per year.

Any further audit or inspection takes place only where it is mandatory under applicable data protection law. It is then at your sole cost, with at least 30 days’ written notice, during business hours, under confidentiality obligations acceptable to us, and in a way that does not disrupt our operations or compromise other customers’ data.

6.6 Your Obligations as Controller

You confirm that:

• you have a lawful basis for processing any personal data in your Customer Data;

• you have provided all required notices to the individuals concerned and obtained any required consents;

• your instructions comply with applicable data protection laws.

7. Your Responsibilities

7.1 Rights to Your Content

You confirm that:

• (a) you have all rights, licenses and permissions needed to upload and process your Customer Data;

• (b) you own your Customer Data or have obtained all necessary rights from third parties;

• (c) where your Customer Data contains personal data, you have a lawful basis to process it and have informed the people involved where required by law.

7.2 Compliance with Laws

You will use the Services in compliance with all applicable laws, including data protection, privacy, recording-consent and export control laws.

7.3 Content Restrictions

You will not upload content that:

• infringes anyone’s intellectual property, privacy, publicity or other rights;

• contains malware or other harmful code;

• is illegal, fraudulent, defamatory, obscene, threatening, harassing or hateful;

• contains child sexual abuse material or otherwise exploits minors;

• promotes terrorism, violence or other illegal activity;

• violates the acceptable use policies of our service providers.

7.4 Prohibited Use Cases

You will not use the Services to:

• process content you do not have the right to process;

• violate anyone’s privacy or data protection rights;

• carry out unauthorised surveillance or recording;

• process sensitive personal data (such as health, biometric or financial data) without appropriate safeguards and a valid legal basis;

• provide medical, clinical or other professional advice without independent human review.

8. Prohibited Conduct

You agree not to:

• (a) reverse engineer, decompile or otherwise attempt to derive the source code of the Services;

• (b) circumvent, disable or interfere with security features or usage limits;

• (c) access the Services by automated means (such as bots or scrapers) without our permission;

• (d) probe, scan or test the vulnerability of our systems, or breach any security or authentication measures;

• (e) interfere with, disrupt or overburden the Services or connected networks;

• (f) attempt to gain unauthorised access to any part of the Services;

• (g) use the Services to send spam or unsolicited communications;

• (h) impersonate any person or entity, or use another user’s account without permission;

• (i) use the Services for any illegal or unauthorised purpose;

• (j) help any third party do any of the above.

9. Payment Terms

9.1 Fees

Certain features of the Services require payment. By subscribing to a paid plan or purchasing credits, you agree to pay the applicable fees and taxes. Fees are stated in the currency shown at the time of purchase. Payment is required in advance; you cannot incur charges beyond what you have prepaid.

9.2 Payment Processing

Payments are processed by Stripe. Subscriptions created before our migration to Stripe continue to be billed through LemonSqueezy. By providing payment information, you authorise our payment processor to charge your payment method for all fees due. We do not store or have access to your full card details.

9.3 Billing Cycles

Subscriptions are billed in advance on a recurring monthly or annual basis, depending on your plan. You will be charged automatically on each billing date unless you cancel before the next billing cycle.

9.4 Price Changes

We may change our prices. We will give you at least 30 days’ notice by email before a price change applies to your subscription. It takes effect at the start of your next billing cycle after the notice period. If you do not agree, you may cancel before the change takes effect.

9.5 Taxes

Fees are exclusive of applicable taxes (such as VAT or sales tax) unless stated otherwise. Where we are required to collect taxes, they will be added to the fees.

9.6 Right of Withdrawal (EU/EEA and UK Consumers)

If you are a consumer in the EU/EEA or the UK, you generally have a 14-day right to withdraw from a purchase without giving a reason.

• Credit packages: by completing your purchase, you expressly request that we make the credits available immediately, and you acknowledge that you lose your right of withdrawal once the credits have been made available to your account.

• Subscriptions: by completing your purchase, you expressly request that the Services begin immediately during the withdrawal period. If you withdraw within 14 days, you will be refunded minus a proportionate amount for the Services provided up to that point, including credits used. You lose your right of withdrawal once the Services have been fully performed.

To withdraw, contact support@whispertranscribe.com within 14 days of your purchase.

9.7 Refunds

Except as set out in Section 9.6 or required by applicable law, all fees are non-refundable. We may, at our sole discretion, issue refunds in cases of service failure, billing errors or duplicate charges. If you believe you have been charged incorrectly, contact support@whispertranscribe.com within 30 days of the charge.

9.8 Failed Payments

If a payment fails, we may retry it and suspend access to paid features until payment succeeds. Repeated failed payments may lead to cancellation of your subscription.

10. Plans, Credits and Usage Limits

10.1 Plans

We offer:

• a free tier, under which every new user receives 60 free credits on signup;

• paid subscription plans with higher monthly usage limits;

• one-time credit purchases.

The features and limits of each plan are described on our pricing page.

10.2 Usage Limits and Credit Reset

The Services enforce the usage limits of your plan and stop processing when limits are reached. Subscription credits reset at the start of each billing cycle and do not roll over. Unused subscription credits expire at the end of each billing period.

To continue using the Services after reaching your limit, you can upgrade, purchase additional credits or wait for your next billing cycle.

10.3 Plan Changes

• Upgrades take effect immediately, and you will be charged the prorated difference for the rest of your billing cycle.

• Downgrades take effect at the end of your current billing cycle.

11. Cancellation and Account Deletion

11.1 Cancellation by You

You may cancel your subscription at any time through your account settings (which link to our billing portal) or by contacting support@whispertranscribe.com. When you cancel:

• the cancellation takes effect at the end of your current billing cycle;

• you keep access to paid features until then;

• you will not be charged again;

• unused credits and prepaid time are non-refundable, except as set out in Section 9.6 or required by law.

11.2 Effect of Cancellation

After cancellation, your account remains active on the free tier. Your account is not deleted automatically. Transcripts and outputs remain on your device.

11.3 Account Deletion

You can permanently delete your account through your account settings. Personal data linked to your account is then deleted within 24 hours, as described in Section 5.3. Deletion is irreversible.

12. Intellectual Property

12.1 Our Intellectual Property

The Services, including the WhisperTranscribe application, website, software, design, text, graphics, logos and the “WhisperTranscribe” name, are the property of WhisperTranscribe B.V. or its licensors and are protected by intellectual property laws.

12.2 License to You

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for their intended purpose. You may not:

• copy, modify, distribute, sell or lease any part of the Services;

• remove any proprietary notices;

• use the Services to build a competing product.

12.3 Your Intellectual Property

You retain all intellectual property rights in your Customer Data and Outputs, as set out in Section 5.1.

12.4 Feedback

If you send us suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free license to use them without any obligation to you.

12.5 Copyright Complaints

If you believe content processed through the Services infringes your copyright, contact support@whispertranscribe.com with:

• the copyrighted work;

• the allegedly infringing material;

• your contact details;

• a statement of good-faith belief that the use is not authorised;

• a statement that your notice is accurate;

• your signature.

13. AI-Generated Content

13.1 No Guarantee of Accuracy

The Services use artificial intelligence, which has inherent limitations.

• Transcripts may contain errors, such as misheard, missing or added words, incorrect speaker identification or misinterpreted terminology.

• AI-generated content may contain factual errors, inconsistencies, fabricated information or bias.

Accuracy depends on audio quality, speakers, content and language.

13.2 Your Responsibility

You are responsible for reviewing and verifying all Outputs before relying on or publishing them.

Outputs are not suitable for critical purposes without thorough human review. These include legal proceedings, medical, financial or safety-critical decisions, and any use where errors could cause harm or loss.

13.3 No Warranties

We make no warranties regarding the accuracy, completeness or suitability of Outputs for any particular purpose.

14. Third-Party Links

The Services may contain links to third-party websites. We are not responsible for their content, privacy practices or availability, and you access them at your own risk.

15. Suspension and Termination by Us

15.1 Grounds

We may suspend or terminate your access to the Services, without prior notice, if:

• (a) you breach these Terms;

• (b) you violate applicable laws;

• (c) you engage in fraudulent, abusive or harmful conduct;

• (d) you violate the terms of our service providers that apply to the Services;

• (e) we are required to do so by law;

• (f) we discontinue the Services, in which case we will give reasonable notice where feasible.

15.2 Effect of Termination

On termination:

• your right to use the Services ends immediately;

• your data will be deleted in accordance with Section 5.3;

• if we terminate because of your breach, you are not entitled to a refund of prepaid fees or unused credits.

Provisions that by their nature should survive termination continue to apply. These include ownership, intellectual property, disclaimers, limitation of liability, indemnification and dispute resolution.

16. Disclaimers

16.1 TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THIS INCLUDES WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT.

16.2 We do not warrant that:

• the Services will be uninterrupted, error-free or secure;

• defects will be corrected;

• third-party AI services will be continuously available.

16.3 Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you. Consumers may have additional rights under mandatory law.

17. Limitation of Liability

17.1 Exclusion of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WHISPERTRANSCRIBE IS NOT LIABLE FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES. THIS COVERS DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, REVENUE OR DATA, BUSINESS INTERRUPTION, REPUTATIONAL HARM, AND CLAIMS RELATING TO DATA PROTECTION OR CONFIDENTIALITY, WHATEVER THE LEGAL THEORY.

17.2 Fallback Limit

If, despite Section 17.1, we are held liable, our total aggregate liability for all claims is limited to the total fees you actually paid us in the 12 months before the event giving rise to liability. If you have paid no fees, our liability is limited to €0, to the extent permitted by law.

17.3 Specific Exclusions

Without limiting Section 17.1, we are not liable for:

• AI errors or inaccuracies, or your reliance on Outputs without verification;

• loss of transcripts or Outputs stored on your device;

• acts or omissions of third-party service providers;

• interruptions due to maintenance or circumstances beyond our control;

• claims arising from content you upload.

17.4 Mandatory Exceptions

Nothing in these Terms limits or excludes liability for intent (opzet) or gross negligence (bewuste roekeloosheid), fraud, death or personal injury, or any other liability that cannot be limited or excluded under applicable law.

17.5 Basis of the Bargain

Our prices reflect these limitations, which form an essential basis of the agreement between you and us.

18. Indemnification

18.1 Your Obligation

You agree to defend, indemnify and hold harmless WhisperTranscribe B.V. and its officers, employees and agents from third-party claims, damages, losses and expenses (including reasonable legal fees) arising from:

• (a) your use of the Services in breach of these Terms;

• (b) your Customer Data, including claims that it infringes third-party rights;

• (c) your violation of applicable laws or third-party rights;

• (d) your processing of personal data without a lawful basis or in breach of data protection laws.

If you are a consumer, this section applies only to the extent permitted by mandatory consumer law.

18.2 Procedure

We will notify you promptly of any claim and cooperate reasonably. You may control the defence and settlement, but you may not settle any claim that admits our liability, imposes obligations on us or requires us to pay any amount without our prior written consent.

19. Promotions, Free Credits and Affiliates

19.1 Promotions

We may offer promotions, discounts or coupon codes. These may:

• carry additional conditions;

• be limited in availability or to certain customers;

• not be combined with other offers unless stated;

• be non-transferable.

We may modify or end promotions at any time.

19.2 Free Credits

New users receive 60 free credits on signup. Free credits never convert automatically into a paid subscription. When they run out, processing stops until you purchase a subscription or credits.

19.3 Affiliate and Referral Programs

If you participate in an affiliate or referral program, you must follow its terms and applicable law. You may not use spam, misleading advertising or fraudulent referrals. We may withhold or reclaim commissions or credits obtained through fraud or abuse.

20. Changes to These Terms

20.1 Our Right to Change These Terms

We may update these Terms from time to time.

20.2 Notice

• Material changes (for example to pricing, liability or how we use data) will be communicated by email at least 30 days before they take effect for existing users.

• Non-material changes (such as clarifications, corrections or formatting) may be made without advance notice.

• New users are bound by the version in force when they create their account.

20.3 Current Version

The current version of these Terms is always available at https://www.whispertranscribe.com/terms-of-services. The “Last Updated” date shows when they were last changed.

20.4 Acceptance

By continuing to use the Services after changes take effect, you accept the revised Terms. If you do not agree, you must stop using the Services and may delete your account.

21. Governing Law and Disputes

21.1 Governing Law

These Terms are governed by the laws of the Netherlands, without regard to conflict-of-law rules. If you are a consumer, this does not deprive you of the protection of mandatory laws of your country of residence.

21.2 Jurisdiction

Subject to mandatory consumer law, any dispute arising from these Terms shall be brought exclusively before the competent court in Rotterdam, the Netherlands.

21.3 Informal Resolution

Before starting formal proceedings, you agree to contact us at support@whispertranscribe.com and try in good faith to resolve the dispute for 30 days.

21.4 Class Action Waiver

TO THE EXTENT PERMITTED BY LAW, CLAIMS MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING.

21.5 Time Limit

To the extent permitted by law, any claim must be brought within one (1) year after it arose.

22. General Provisions

22.1 Entire Agreement

These Terms and our Privacy Policy form the entire agreement between you and us regarding the Services. If you have signed a separate Data Processing Agreement or other written agreement with us, that agreement also applies, and the Data Processing Agreement prevails on data protection matters.

22.2 Severability

If any provision is found unenforceable, it will be limited to the minimum extent necessary, and the remaining provisions stay in effect.

22.3 Waiver

Our failure to enforce any right is not a waiver of that right. Waivers must be in writing.

22.4 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms, including in connection with a merger, acquisition or sale of assets.

22.5 Force Majeure

We are not liable for failures or delays caused by circumstances beyond our reasonable control. Examples include natural disasters, war, government action, internet or power failures, outages of third-party service providers and labour disputes.

22.6 Independent Parties

These Terms do not create any partnership, joint venture, employment or agency relationship.

22.7 Notices

Notices to you will be sent to the email address linked to your account. Notices to us must be sent to support@whispertranscribe.com or to our postal address below.

22.8 Language

These Terms are written in English. If translated, the English version prevails.

22.9 Export Compliance and Sanctions

You will comply with all applicable export control and sanctions laws. You confirm that you are not located in, or a national of, a country subject to comprehensive sanctions, and that you are not on any restricted-party list.

22.10 Electronic Communications

You consent to receive communications from us electronically. Electronic communications satisfy any legal requirement for written form.

23. Contact

WhisperTranscribe B.V.
Bergselaan 233B
3038CB Rotterdam
The Netherlands

• Email: support@whispertranscribe.com

• KvK: 92149995

• VAT: NL865906075B01

For data protection inquiries, email support@whispertranscribe.com with “Data Protection” in the subject line. Enterprise customers who need a signed Data Processing Agreement can contact us at the same address.

By using WhisperTranscribe, you confirm that you have read, understood and agree to these Terms of Service.