Last Updated: 28-10-2025

Introduction

Welcome to WhisperTranscribe, a service provided by WhisperTranscribe B.V., a company registered in the Netherlands with its registered office at Bergselaan 233B, 3038CB Rotterdam, KvK: 92149995, VAT: NL865906075B01 ("we," "us," or "our"). WhisperTranscribe offers an AI-powered transcription service and content generation tool for professionals and businesses.

The following Terms of Service ("Terms") govern your access to and use of the WhisperTranscribe desktop application, website, services, and any related applications (collectively, the "Services"). Please read these Terms carefully, as they include important information about how we process your data and the third-party services we use to provide our Services.

By using our Services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you may not use the Services.

We reserve the right to modify or update these Terms at any time. Material changes (such as pricing changes, changes to liability terms, or new data uses) will be communicated via email at least 30 days before taking effect. Non-material changes (such as clarifications or formatting updates) may be made without advance notice. The most current version of these Terms is always available at https://www.whispertranscribe.com/terms-of-service. Your continued use of the Services after changes become effective constitutes your acceptance of the revised Terms.

Enterprise customers requiring a formal Data Processing Agreement may request one by contacting support@whispertranscribe.com.

1. Acceptance of Terms

By accessing or using the WhisperTranscribe Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Eligibility

You must be at least 13 years of age to use the Services. By accessing or using the Services, you represent and warrant that you meet the eligibility requirements and have the legal capacity to enter into these Terms. If you are using the Services on behalf of an organization, you further represent that you have the authority to bind that organization.

3. Account Registration and Security

To access certain features of the Services, you may be required to create an account. You are responsible for:

- Maintaining the confidentiality of your account credentials

- All activities occurring under your account

- Notifying WhisperTranscribe immediately of any unauthorized access or security breach

- Ensuring your account information is accurate and current at all times

You may not share your account credentials or allow others to access your account. WhisperTranscribe reserves the right to suspend or terminate accounts that violate this provision.

Your account will remain active indefinitely until you manually delete it through your account settings. We do not automatically delete inactive accounts.

4. How Our Service Works: Third-Party Processing

4.1 Service Architecture

WhisperTranscribe provides AI-powered transcription and content generation services using a combination of our own infrastructure and trusted third-party artificial intelligence providers. When you upload audio or video files to our Services, those files are processed through our secure infrastructure and transmitted to one or more third-party AI services to generate transcriptions and content.

4.2 Third-Party Service Providers

By using our Services, you acknowledge and agree that your uploaded content will be transmitted to and processed by the following third-party service providers:

Infrastructure and Hosting:

OVHcloud (Frankfurt, Germany) - Provides our primary server infrastructure and hosting services. ISO 27001 certified with EU data residency.

AI Transcription Services:

OpenAI (United States) - Provides audio transcription services through their Whisper API. We maintain an enterprise agreement that ensures your data is not used for model training and is not retained after processing (zero-day retention).

AssemblyAI (Ireland, EU) - Provides audio transcription services with EU-based processing. SOC 2 Type II certified and GDPR compliant. Enterprise agreement ensures zero retention and no model training on your data.

AI Content Generation:

Google Gemini (United States) - Provides AI-powered content analysis and generation from transcripts. ISO 27001 and SOC 2 certified with enterprise data protection terms. Enterprise agreement prohibits model training and ensures zero retention after processing.

Payment Processing:

LemonSqueezy (United States) - Processes all subscription payments and transactions. PCI DSS compliant. WhisperTranscribe does not store or process payment card information.

Communication Services:

MailerLite(Lithuania, EU) - Manages service-related email communications. GDPR compliant.

Analytics:

Plausible.io (European Union) - Provides privacy-focused website analytics only (does not process uploaded content). GDPR compliant and cookieless.

4.3 Data Protection Standards

All third-party service providers are selected based on rigorous security and privacy standards:

- Each provider maintains industry-standard security certifications (SOC 2, ISO 27001, or PCI DSS)

- All providers operate under written data processing agreements with WhisperTranscribe

- Enterprise agreements with AI providers specifically prohibit the use of your data for model training or service improvement

- All AI transcription and content generation providers maintain zero-day retention policies, meaning your data is not retained after processing is complete

4.4 International Data Transfers

You acknowledge and agree that providing our Services requires international data transfers:

- Primary processing infrastructure is located in the European Union (Germany and Ireland)

- Some AI processing services are located in the United States

- All international data transfers are protected by appropriate safeguards, including Standard Contractual Clauses (SCCs) approved by the European Commission and technical security measures including encryption in transit and at rest

4.5 Changes to Service Providers

WhisperTranscribe may update, add, or change third-party service providers from time to time to improve our Services or maintain security standards. We will provide 30 days' advance notice of any material changes to our third-party processors via email or through the Services. If you object to a change on reasonable data protection grounds and we cannot resolve your objection, you may terminate your account as provided in Section 10.

4.6 Your Acknowledgments

By using our Services, you specifically acknowledge and agree that:

(a) Your uploaded content will be transmitted to and processed by third-party AI providers as listed above

(b) You must comply with the acceptable use policies of our third-party providers

(c) WhisperTranscribe is not responsible for third-party service availability, performance, or temporary interruptions beyond our reasonable control

(d) You warrant that your content does not violate any third-party terms of service, intellectual property rights, or applicable laws

(e) Processing through US-based services may be subject to US legal requirements, including potential government access under US law

5. Data Ownership, Processing, and Retention

5.1 Your Data Ownership and Confidentiality

You retain all ownership rights, title, and interest in and to any content you upload to the Services ("Customer Data") and all outputs generated by the Services, including transcriptions, generated content, and derivative works. WhisperTranscribe claims no ownership rights over your Customer Data or outputs.

Your Customer Data and all generated outputs are treated as confidential information and are subject to the data protection and retention policies described in this Section 5.

5.2 Our Processing Rights

By submitting Customer Data to the Services, you grant WhisperTranscribe a limited, non-exclusive, non-transferable, non-sublicensable license to process your Customer Data solely for the purpose of providing and maintaining the Services, including:

- Transmitting your content to third-party AI services as described in Section 4

- Generating transcriptions and AI-powered content analysis

- Storing data temporarily during processing

- Delivering outputs back to you

This license specifically does NOT include any right to:

- Use your Customer Data to train machine learning models or algorithms

- Create derivative works for WhisperTranscribe's own business purposes

- Share, sell, or license your Customer Data to third parties for their independent use

- Retain your Customer Data beyond what is necessary to provide the Services

5.3 Zero-Retention Data Policy

WhisperTranscribe operates a zero-retention architecture designed to minimize data storage and maximize your privacy:

Uploaded Audio/Video Files:

- Automatically and permanently deleted within 3-10 minutes after processing is complete

- Not stored on our servers beyond processing requirements

- Not backed up or archived

Transcription Data:

- Exists only transiently in system memory during processing

- Delivered directly to your device/application

- Not retained on our servers after delivery

- You are responsible for saving transcriptions you wish to keep

Account Data:

- Email address, account settings, and system logs are retained indefinitely while your account exists

- Usage metrics (credits consumed, processing history) retained for billing and service provision

Upon Manual Account Deletion:

- All personal data associated with your account is permanently deleted within 24 hours

- Email addresses may be retained on suppression lists solely to honor unsubscribe requests and comply with anti-spam laws

- Aggregate, anonymized usage statistics may be retained for business analytics

5.4 Third-Party Data Retention

Our third-party AI providers operate under the following data retention practices:

- OpenAI: Does not retain audio files or transcription data after processing (zero-day retention)

-AssemblyAI: Does not retain audio files after processing; enterprise agreement ensures zero-day retention

- Google Gemini: Does not use customer data for model training under enterprise terms; zero-day retention after processing

WhisperTranscribe cannot control third-party retention practices beyond our contractual agreements. We select providers with strong data protection commitments and enterprise-grade security.

5.5 Legal Requirements

Notwithstanding the above retention policies, WhisperTranscribe may retain data longer if required by legal obligations (court orders, subpoenas, regulatory requirements), legitimate business purposes (resolving disputes, enforcing agreements, fraud prevention), or your explicit request to preserve specific data. We will notify you of such retention where legally permitted.

5.6 Data Security Measures

WhisperTranscribe implements appropriate technical and organizational security measures to protect your data:

Technical Measures:

- TLS encryption for all data transmissions between your device and our servers

- Encrypted API communications with all third-party processors

- Automatic data deletion systems to enforce retention policies

- Pass-through architecture that minimizes data exposure and storage

- Secure authentication and access controls

- Regular security monitoring and vulnerability assessments

Organizational Measures:

- Access to customer data limited to authorized personnel on a need-to-know basis

- Confidentiality obligations binding all personnel with data access

- Security incident response procedures and breach notification protocols

- Due diligence reviews of all third-party processors

- Regular security training for staff

- Vendor security assessments and ongoing monitoring

5.7 Data Subject Rights

If you are located in the European Union, United Kingdom, or other jurisdictions with data protection laws, you may have certain rights regarding your personal data, including rights of access, rectification, erasure, restriction, data portability, and objection. To exercise these rights, contact us at support@whispertranscribe.com. We will respond within the timeframes required by applicable law (typically 30 days).

5.8 Data Processing Roles

For purposes of data protection laws, you are the "Controller" (determining purposes and means of processing personal data in your uploaded content), WhisperTranscribe is the "Processor" (processing data solely on your behalf), and third-party AI services are "Sub-processors" (processing data on our behalf under written agreements).

You represent and warrant that you have a lawful basis for processing any personal data contained in your uploaded content, have provided appropriate notices to data subjects as required by law, have obtained any necessary consents or have another legal basis for processing, and will not upload content that violates data protection laws or individuals' rights.

6. Your Responsibilities and Warranties

You represent, warrant, and agree that:

6.1 Legal Authority

(a) You have all necessary rights, licenses, and permissions to provide Customer Data to WhisperTranscribe for processing

(b) You own the Customer Data or have obtained all necessary rights from third parties

(c) If you are processing personal data, you have a lawful basis under applicable data protection laws

(d) You have provided all required notices to data subjects whose personal data appears in your uploads

6.2 Compliance with Laws

(e) Your use of the Services complies with all applicable laws, regulations, and industry standards

(f) You will not use the Services in any way that violates export control laws, sanctions, or embargoes

(g) You comply with all applicable data protection and privacy laws, including GDPR, CCPA, and similar regulations

6.3 Content Restrictions

(h) You will not upload content that:

- Violates any third party's intellectual property rights, privacy rights, publicity rights, or other legal rights

- Contains malware, viruses, trojan horses, or other harmful code

- Is illegal, fraudulent, defamatory, obscene, threatening, harassing, or hateful

- Violates the acceptable use policies of our third-party service providers

- Contains content intended to harm, harass, threaten, or intimidate others

- Infringes copyrights, trademarks, trade secrets, or other proprietary rights

- Violates any person's right of privacy or publicity

- Contains child sexual abuse material or content exploiting minors

- Promotes terrorism, violence, or illegal activities

6.4 Prohibited Use Cases

(i) You will not use the Services to:

- Transcribe or process content you do not have rights to process

- Violate any person's privacy or data protection rights

- Engage in unauthorized surveillance or recording

- Process sensitive personal data (health, biometric, financial data) without appropriate safeguards and legal bases

6.5 Account Security

(j) You are responsible for maintaining the confidentiality of your account credentials

(k) You will immediately notify WhisperTranscribe of any unauthorized access to your account

(l) You are responsible for all activities that occur under your account

7. Prohibited Conduct

In addition to the content restrictions in Section 6, you agree not to:

7.1 Technical Restrictions

(a) Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from the Services

(b) Circumvent, disable, or interfere with security features or features that prevent or restrict use or copying

(c) Use any robot, spider, scraper, or other automated means to access the Services without authorization

(d) Probe, scan, or test the vulnerability of any system or network

(e) Breach or otherwise circumvent any security or authentication measures

7.2 Service Abuse

(f) Interfere with or disrupt the Services or servers or networks connected to the Services

(g) Upload files containing viruses, corrupted files, or any other similar software that may damage operations

(h) Use the Services in any manner that could damage, disable, overburden, or impair our servers or networks

(i) Attempt to gain unauthorized access to any portion of the Services or related systems or networks

(j) Use the Services to send spam or unsolicited communications

7.3 Misuse

(k) Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity

(l) Use another user's account without permission

(m) Collect or store personal data about other users without their express consent

(n) Use the Services for any illegal or unauthorized purpose

(o) Violate any applicable laws or regulations while using the Services

(p) Assist or enable any third party to do any of the foregoing

8. Payment Terms

8.1 Fees and Charges

Certain features of the Services require payment. By subscribing to a paid plan or purchasing credits, you agree to pay all fees and charges associated with your use of the Services, including subscription fees for your selected plan and any applicable taxes, including VAT, sales tax, or similar charges. All fees are stated in the currency specified at the time of purchase (typically EUR or USD).

Payment is always required before you can use paid Services. You cannot incur charges beyond what you have prepaid.

8.2 Payment Processing

Payment processing is handled by **LemonSqueezy**, our third-party payment processor. By providing payment information, you authorize LemonSqueezy to charge your payment method for all fees incurred, represent that you are authorized to use the payment method provided, and agree to LemonSqueezy's terms of service and privacy policy.

WhisperTranscribe does not store or have access to your complete payment card information. All payment data is handled securely by LemonSqueezy in compliance with PCI DSS standards.

8.3 Billing Cycles

Subscription fees are billed in advance on a recurring basis (monthly or annually, depending on your selected plan):

- Monthly subscriptions: Billed on the same day each month

- Annual subscriptions: Billed on the anniversary of your subscription date

You will be charged automatically on each billing date unless you cancel your subscription before the next billing cycle.

8.4 Price Changes

WhisperTranscribe reserves the right to change pricing for the Services at any time. We will provide 30 days' advance notice of any price changes via email. Price changes will take effect at the start of your next billing cycle after the notice period. If you do not agree to a price change, you may cancel your subscription before the change takes effect, and you will not be charged the new price.

8.5 Taxes

All fees are exclusive of applicable taxes unless otherwise stated. You are responsible for paying all taxes associated with your purchase. If we are required to collect or pay taxes on your behalf, such taxes will be charged in addition to the stated fees.

8.6 Refunds

All fees are non-refundable except as required by applicable law, as explicitly stated in a promotional offer, or at WhisperTranscribe's sole discretion in cases of service failure or billing errors. If you believe you have been incorrectly charged, contact support@whispertranscribe.com within 30 days of the charge.

8.7 Failed Payments

If a payment fails or is declined, we will attempt to process the payment again. Your access to paid features may be suspended until payment is successful. If payment fails repeatedly, your subscription may be canceled.

9. Subscription Plans and Usage Limits

9.1 Subscription Plans

WhisperTranscribe offers various subscription plans:

- Free tier: Every new user receives 60 free credits upon signup

- Paid subscription plans with increased features and monthly usage limits (transcription minutes or credits)

- One-time credit purchases for occasional use

Each plan's specific features and usage limits are described on our pricing page.

9.2 Usage Limits and Credit Reset

The Services automatically enforce usage limits based on your plan. You cannot exceed your plan limits; the Services will stop processing when limits are reached.

Subscription minutes and credits reset at the start of each billing cycle and do not roll over to subsequent billing cycles. Unused minutes and credits expire at the end of each billing period.

To continue using the Services after reaching your limit, you must upgrade your plan, purchase additional credits, or wait

until your next billing cycle begins.

9.3 Plan Changes

You may upgrade or downgrade your subscription plan at any time:

- Upgrades take effect immediately, and you will be charged the prorated difference for the remainder of your billing cycle

- Downgrades take effect at the end of your current billing cycle

10. Cancellation and Account Deletion

10.1 Cancellation by You

You may cancel your subscription at any time through your account settings or at https://whispertranscribe.lemonsqueezy.com/billing, or by contacting support@whispertranscribe.com.

When you cancel your subscription:

- Cancellation takes effect at the end of your current billing cycle

- You will retain access to paid features until the end of the billing period

- You will not be charged for subsequent billing cycles

- Unused credits or prepaid time are non-refundable unless required by law

10.2 Cancellation by WhisperTranscribe

We reserve the right to cancel your subscription and terminate your account if you breach these Terms, your payment method fails repeatedly, you engage in fraudulent or abusive behavior, or as required by law or legal process. If we cancel for breach of Terms, you will not receive a refund for unused time or credits.

10.3 Effect of Cancellation

When you cancel your subscription:

- Your account remains active and reverts to the free tier (60 credits)

- Your account, upload history, and previous transcriptions are NOT automatically deleted

- You retain access to your account and any saved data

- To permanently delete your account and data, you must manually delete your account through your account settings

10.4 Manual Account Deletion

To permanently delete your account and all associated data:

- Navigate to your account settings and select "Delete Account"

- Upon manual account deletion, all personal data is permanently deleted within 24 hours according to Section 5.3

- Account deletion is irreversible; you cannot recover your data after deletion

10.5 Refunds

Refunds for subscription fees or prepaid credits may be issued at WhisperTranscribe's sole discretion in cases of service failure preventing use of the Services, billing errors or duplicate charges, or as required by applicable consumer protection laws. To request a refund, contact support@whispertranscribe.com within 30 days of the charge with a detailed explanation.

11. Intellectual Property Rights

11.1 WhisperTranscribe's Intellectual Property

All content, features, and functionality of the Services are the exclusive property of WhisperTranscribe B.V. or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. This includes the WhisperTranscribe desktop application and website, all software, code, algorithms, and technical processes, text, graphics, logos, images, and the "WhisperTranscribe" name and logo.

11.2 Limited License to You

Subject to your compliance with these Terms, WhisperTranscribe grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for their intended purpose. This license does not permit you to copy, modify, distribute, sell, or lease any part of the Services, reverse engineer or attempt to extract the source code of the Services, remove or alter any proprietary rights notices, or use the Services to develop competing products or services.

11.3 Your Intellectual Property

You retain all intellectual property rights in your Customer Data and all outputs generated by the Services. WhisperTranscribe does not claim any ownership rights over your content or outputs. By using the Services, you grant us only the limited license described in Section 5.2, which terminates when your content is deleted from our systems.

11.4 Feedback

If you provide WhisperTranscribe with any suggestions, ideas, or feedback about the Services, you grant us an unlimited, perpetual, irrevocable, royalty-free license to use, modify, and incorporate such feedback into our Services without any obligation to you.

11.5 Copyright Infringement

WhisperTranscribe respects the intellectual property rights of others. If you believe that content processed through our Services infringes your copyright, please contact us at support@whispertranscribe.com with identification of the copyrighted work, identification of the allegedly infringing material, your contact information, a statement of good faith belief that the use is not authorized, a statement that the information is accurate, and your physical or electronic signature.

12. AI-Generated Content Disclaimer

12.1 Nature of AI Technology

WhisperTranscribe uses artificial intelligence and machine learning technologies to generate transcriptions and content. AI technology has inherent limitations and is not perfect.

12.2 No Guarantee of Accuracy

You acknowledge and agree that AI-generated transcriptions may contain errors (misheard words, missing or added words, incorrect speaker identification, punctuation errors, misinterpretation of accents or technical terminology) and AI-generated content may contain inaccuracies (factual errors, logical inconsistencies, hallucinations, biased outputs). Transcription accuracy depends on audio quality, speaker clarity, content complexity, and language variations.

12.3 Your Responsibility to Verify

You are solely responsible for reviewing all AI-generated outputs for accuracy, verifying important information before relying on it, editing and correcting transcriptions as needed, and using appropriate judgment in how you use AI-generated content.

12.4 Not for Critical Use Without Verification

AI-generated outputs are not suitable for critical purposes without thorough human review and verification. You should not rely solely on AI-generated content for legal proceedings, medical decisions, financial decisions, safety-critical operations, or any purpose where errors could result in harm, loss, or legal liability.

12.5 No Warranties

WhisperTranscribe makes no warranties regarding the accuracy, completeness, reliability, or suitability of AI-generated outputs for any particular purpose.

13. Third-Party Links

The Services may contain links to third-party websites or resources. WhisperTranscribe does not endorse and is not responsible for the content, accuracy, privacy practices, or any harm arising from your use of external websites. You access external links at your own risk. WhisperTranscribe makes no representations or warranties regarding third-party websites and disclaims all liability for your use of them.

14. Termination for Violation

14.1 Termination by WhisperTranscribe

This section covers WhisperTranscribe's right to terminate your account for violations of these Terms. This is different from Section 10 (voluntary subscription cancellation).

WhisperTranscribe may immediately terminate or suspend your access to the Services without prior notice if:

(a) You breach any provision of these Terms

(b) You violate applicable laws or regulations

(c) You engage in fraudulent, abusive, or harmful conduct

(d) You violate the terms of service of our third-party service providers

(e) Required by law or legal process

(f) We discontinue the Services (with reasonable notice where feasible)

14.2 Effect of Termination for Violation

Upon termination of your account for violation:

(a) Your right to access and use the Services immediately ceases

(b) All licenses granted to you under these Terms terminate

(c) Your data will be deleted according to our retention policy in Section 5.3

(d) You will not be entitled to any refund of prepaid fees or unused credits

(e) Sections of these Terms that by their nature should survive termination will continue to apply, including data ownership provisions, intellectual property rights, disclaimers, limitations of liability, indemnification, and dispute resolution

14.3 Data Retrieval Before Termination

If you wish to retain copies of your data, you must download or export it before we terminate your account for breach. WhisperTranscribe is not responsible for providing data access after termination for violation.

15. Disclaimers

15.1 "AS IS" Basis

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

15.2 Disclaimer of Warranties

WHISPERTRANSCRIBE DISCLAIMS ALL WARRANTIES INCLUDING:

(a) Implied warranties of merchantability and fitness for a particular purpose

(b) Warranties of accuracy, reliability, or completeness of AI-generated content

(c) Warranties that the Services will be uninterrupted, error-free, secure, or virus-free

(d) Warranties regarding third-party service availability or performance

15.3 AI-Specific Disclaimers

WhisperTranscribe specifically disclaims any warranty that AI-generated transcriptions will be 100% accurate, AI-generated content will be error-free or factually correct, or outputs will be free from biases or suitable for your specific purposes.

15.4 No Guarantee of Availability

WhisperTranscribe does not warrant that the Services will be available at any particular time, be uninterrupted, that defects will be corrected, or that third-party AI services will be continuously available.

15.5 Use at Your Own Risk

You acknowledge that use of internet services involves inherent security risks, AI technology has known limitations, and you use the Services at your own risk.

15.6 Jurisdictional Variations

Some jurisdictions do not allow exclusion of implied warranties. You may have other rights that vary by jurisdiction.

16. Limitation of Liability

16.1 Exclusion of Consequential Damages

TO THE FULLEST EXTENT PERMITTED BY LAW, WHISPERTRANSCRIBE SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, EMOTIONAL DISTRESS, OR REPUTATIONAL HARM, REGARDLESS OF THE LEGAL THEORY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16.2 Cap on Total Liability

WHISPERTRANSCRIBE'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO WHISPERTRANSCRIBE IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.

For free users who have paid no fees, WhisperTranscribe's liability is limited to €0 (zero euros).

16.3 Specific Limitations

WhisperTranscribe shall not be liable for AI errors or inaccuracies, data loss except when caused by our gross negligence, actions or omissions of third-party service providers, service interruptions due to maintenance or factors beyond our control, claims arising from content you upload, security breaches affecting third-party processors unless we failed to use reasonable care in selection, or your reliance on AI-generated outputs without verification.

16.4 Exceptions

These limitations do not apply to liability that cannot be excluded under applicable law, death or personal injury caused by our gross negligence or willful misconduct, fraud or fraudulent misrepresentation, breach of confidentiality obligations under Section 5, or infringement of your intellectual property rights in your Customer Data.

16.5 Basis of the Bargain

You acknowledge that WhisperTranscribe has set its prices in reliance upon these liability limitations, which form an essential basis of the bargain between the parties.

16.6 Jurisdictional Variations

Some jurisdictions do not allow certain limitations on liability. In such jurisdictions, WhisperTranscribe's liability will be limited to the greatest extent permitted by law.

17. Indemnification

17.1 Your Indemnification Obligation

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

(a) Your use of the Services in violation of these Terms

(b) Your Customer Data or any claim that your Customer Data infringes third-party rights

(c) Your breach of these Terms or violation of applicable laws

(d) Your violation of third-party rights or our third-party providers' terms

(e) Your processing of personal data without a lawful basis or in violation of data protection laws

17.2 Procedures

WhisperTranscribe will provide prompt notice of any claim and reasonable cooperation. You control the defense and settlement, but 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.

17.3 Survival

Your indemnification obligations survive termination of these Terms.

18. Promotions and Free Credits

18.1 Promotional Offers

WhisperTranscribe may offer promotions, discounts, or coupon codes from time to time. These offers may have limited availability, additional terms and conditions, cannot be combined with other offers unless stated, are non-transferable, and may be limited to new customers or specific plans. WhisperTranscribe may modify or terminate promotional offers at any time.

18.2 Free Credits

Every new user receives 60 free credits upon signup. Free credits never automatically convert to paid subscriptions. Users must manually subscribe to access additional credits after free credits are exhausted. When free credits run out, the Services will stop processing until you purchase a subscription or additional credits.

18.3 Affiliate and Referral Programs

If you participate in any affiliate or referral program, you must comply with all program terms and applicable laws, and may not engage in spam, misleading advertising, or fraudulent referral activities. WhisperTranscribe reserves the right to withhold or reclaim referral credits or commissions for fraudulent or abusive activity.

19. Changes to Terms

19.1 Right to Modify

WhisperTranscribe reserves the right to modify these Terms at any time.

19.2 Notice of Material Changes

Material changes (affecting pricing, liability, or data use) will be communicated via email at least 30 days before the changes take effect. Non-material changes (clarifications, corrections, formatting) may be made without advance notice.

19.3 Current Version

The most current version of these Terms is always available at https://www.whispertranscribe.com/terms-of-service. The "Last Updated" date at the top reflects the date of the most recent changes.

19.4 Acceptance

By continuing to use the Services after changes become effective, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop using the Services and may cancel your account.

20. Governing Law and Dispute Resolution

20.1 Governing Law

These Terms shall be governed by the laws of the Netherlands, without regard to conflict of law provisions, except where mandatory consumer protection laws or data protection laws require otherwise.

20.2 Jurisdiction

Subject to mandatory consumer laws, any legal action arising from these Terms shall be brought exclusively in the courts of Rotterdam, the Netherlands. You consent to the personal jurisdiction and venue of such courts.

20.3 Informal Resolution

Before initiating formal legal proceedings, you agree to first attempt informal resolution by contacting support@whispertranscribe.com and engaging in good-faith negotiations for 30 days.

20.4 Class Action Waiver

TO THE EXTENT PERMITTED BY LAW, YOU AND WHISPERTRANSCRIBE AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING.

20.5 Time Limitation

Any claim must be filed within one (1) year after the claim arose, or be forever barred, except where prohibited by consumer protection laws.

21. General Provisions

21.1 Entire Agreement

These Terms and our Privacy Policy constitute the entire agreement between you and WhisperTranscribe regarding the Services and supersede all prior agreements. Enterprise customers with a separate written Data Processing Agreement are governed by both these Terms and that DPA, with the DPA taking precedence on data protection matters.

21.2 Severability

If any provision is found unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, or if that is not possible, severed. The remaining provisions remain in full force.

21.3 Waiver

No waiver of any term constitutes a continuing waiver. WhisperTranscribe's failure to assert any right does not constitute a waiver. Any waiver must be in writing and signed by an authorized representative.

21.4 Assignment

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

21.5 Force Majeure

WhisperTranscribe shall not be liable for any failure or delay due to circumstances beyond its reasonable control, including acts of God, war, government actions, internet failures, third-party service provider outages, power outages, or labor disputes.

21.6 Independent Contractors

The parties are independent contractors. These Terms do not create any partnership, joint venture, employment, or agency relationship.

21.7 Notices

All notices must be in writing. Notices to you will be sent to your account email address. Notices to WhisperTranscribe must be sent to support@whispertranscribe.com or our postal address below.

21.8 Language

These Terms are drafted in English. If translated, the English version shall prevail in case of conflict.

21.9 Export Compliance

You agree to comply with all applicable export control laws and regulations. You represent that you are not located in, under control of, or a national of any country subject to comprehensive sanctions (including but not limited to Iran, North Korea, Syria, Cuba, or sanctioned regions of Russia), and that you are not on any prohibited or restricted parties list. Software services like WhisperTranscribe are subject to export controls because they use encryption technology and process data across borders. Providing services to sanctioned countries or individuals could result in significant legal penalties for both parties.

21.10 Electronic Communications

By using the Services, you consent to receive communications from us electronically. You agree that all electronic communications satisfy any legal requirement that such communications be in writing.

22. Contact Information

If you have any questions about these Terms or the Services, please contact us:

WhisperTranscribe B.V

Email: support@whispertranscribe.com

Postal Address

Bergselaan 233B

3038CB Rotterdam

Netherlands

Company Registration

KvK: 92149995

VAT: NL865906075B01

For Data Protection Inquiries

Email support@whispertranscribe.com with "Data Protection" in the subject line.

For Enterprise Customers

Enterprise customers requiring a formal Data Processing Agreement may contact us at the email address above.

Last Updated: 28-10-2025

By using WhisperTranscribe, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.