Whisper — Terms of Service
Effective Date: May 17, 2026 · Last Updated: May 17, 2026
PLEASE READ THESE TERMS CAREFULLY. THEY GOVERN YOUR USE OF THE WHISPER APP AND CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER (Section 16) THAT AFFECT YOUR LEGAL RIGHTS.
These Terms of Service (the "Terms") form a binding legal agreement between you ("you" or "User") and e2partners ("e2partners," "we," "us," or "our") governing your access to and use of the Whisper mobile application and any related services (collectively, the "App" or "Service").
By downloading, installing, accessing, or using the App, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the App.
1. Eligibility
You must be at least 13 years old (or 16 in the European Economic Area, or the applicable legal age of digital consent in your jurisdiction) to use the App. By using the App, you represent and warrant that you meet this requirement. If you are using the App on behalf of an entity, you represent and warrant that you have authority to bind that entity to these Terms.
2. Service Description
Whisper is a voice-to-text application that:
- Transcribes voice recordings on your device, primarily using on-device speech models;
- Optionally rewrites transcripts using artificial intelligence ("AI Output") for paid subscribers;
- Synchronizes transcripts across your devices using a third-party cloud backend; and
- Exposes its capture functionality to other parts of iOS via widgets, share extensions, custom keyboards, Action Button, and Siri.
The App is provided as a tool. e2partners does not curate, review, or endorse any content you produce, transmit, or share using the App.
3. Your Account
The App creates an anonymous account automatically. You may optionally sign in with Apple to enable cross-device synchronization. You are responsible for:
- Maintaining the confidentiality of any Apple ID or device used to access the App;
- All activity that occurs through your account or on your device;
- Promptly notifying us of any unauthorized use of which you become aware.
We are not liable for any loss or damage arising from your failure to safeguard your account or device.
4. Subscriptions and Billing
4.1 Subscription products
Certain features of the App ("Whisper Pro") require a paid subscription. Subscriptions are sold through Apple's App Store and are managed by RevenueCat, Inc. on our behalf.
4.2 Auto-renewal
Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period. Your iTunes/Apple ID account will be charged for renewal within 24 hours prior to the end of the current period. You can manage and cancel your subscription in your Apple ID account settings.
4.3 Free trial
If a free trial is offered, it begins on the date you start the trial and ends after the period specified at the time of purchase (typically 7 days). At the end of the trial, you will be charged the applicable subscription price unless you cancel before the trial ends. You can cancel at any time during the trial without being charged.
4.4 No refunds
All sales are final. We do not offer refunds, returns, or credits for any reason except where required by applicable law or App Store policy. Apple's refund policies are independent of these Terms; refund requests should be directed to Apple.
4.5 Price changes
We may change the price of subscriptions from time to time. Existing subscribers will be notified before any price increase takes effect and may cancel before such change applies to them.
4.6 Taxes
You are responsible for any taxes applicable to your purchase, in addition to the listed price.
5. Your Content
5.1 Ownership
You retain all rights to the voice recordings you create and the transcripts produced from them (collectively, "User Content"). e2partners claims no ownership over your User Content.
5.2 License to operate the Service
You grant us a worldwide, non-exclusive, royalty-free license to host, store, transmit, and process your User Content solely to the extent necessary to operate the Service — for example, to sync your captures across your devices or to send transcripts to AI providers when you actively use the cleanup features. This license terminates when you delete the User Content or your account.
5.3 Responsibility for content
You are solely responsible for your User Content. You represent and warrant that:
- You have all rights necessary to record, transmit, and process the audio and text you generate.
- Your User Content does not violate any law, regulation, third-party right, or contract.
- You will not use the App to record any person without their lawful consent where consent is required by applicable law.
- You will not use the App to record, transmit, or generate content that is illegal, threatening, harassing, defamatory, infringing, or otherwise wrongful.
You acknowledge that recording laws vary by jurisdiction (e.g., one-party vs. two-party consent in the United States) and that you are responsible for compliance with all applicable laws relating to recording.
6. AI Output
The App may produce AI Output — for example, by sending transcripts to OpenAI for cleanup, summarization, or rewriting. You acknowledge and agree that:
- AI Output may be inaccurate, biased, offensive, or wrong. Models can fabricate information ("hallucinate"). You must not rely on AI Output as a statement of fact.
- You are solely responsible for reviewing, editing, and approving any AI Output before sending, sharing, publishing, or otherwise relying on it. e2partners disclaims all responsibility for actions you take in reliance on AI Output.
- AI Output is not professional advice. It does not constitute legal, medical, financial, psychological, mental-health, safety, or any other professional advice. AI Output is not a substitute for consultation with a qualified professional.
- We make no warranty regarding the accuracy, reliability, completeness, appropriateness, or usefulness of AI Output and accept no liability whatsoever for it.
6A. High-Risk Activities
You agree that the App is not designed, intended, or approved for use in any application where failure, inaccuracy, or misuse of the App or its output could cause or contribute to personal injury, death, property damage, financial loss, reputational harm, or any other adverse outcome (collectively, "High-Risk Activities"). High-Risk Activities include, without limitation:
- Medical diagnosis, treatment, prescription, or emergency response;
- Legal advice, court filings, contract drafting, or any communication intended to have binding legal effect;
- Mental-health crisis response, suicide prevention, or therapy;
- Financial, tax, accounting, or investment advice or decisions;
- Safety-critical, life-supporting, or emergency communications;
- Operation of motor vehicles, aircraft, vessels, weapons, or industrial equipment;
- Any decision the user is unwilling to independently verify by qualified human review;
- Any communication intended for publication or broadcast without independent fact-checking.
e2partners expressly disclaims all liability for any use of the App in High-Risk Activities, and you agree to indemnify and hold e2partners harmless from all claims arising from such use.
7. Acceptable Use
You agree NOT to:
- Use the App to record any person, place, or thing in violation of any law (including but not limited to wiretapping and recording-consent laws);
- Use the App to harass, threaten, defame, or violate the rights of any person;
- Use the App to create, transmit, or store unlawful content, including content that is sexually explicit involving minors, that infringes intellectual property, or that promotes violence or illegal activity;
- Reverse engineer, decompile, disassemble, or attempt to derive source code or model weights from the App or any underlying service;
- Circumvent, disable, or interfere with security or access-control features of the App;
- Use automated means (bots, scrapers) to access the App;
- Use the App to develop or train a competing product;
- Use the App in any way that imposes an unreasonable or disproportionately large load on our infrastructure or third-party providers;
- Submit to AI features any content you do not have the right to share with third-party AI providers;
- Use the App for any commercial purpose that is not expressly permitted by these Terms.
We reserve the right to suspend or terminate your access immediately and without notice if we reasonably believe you have violated these Acceptable Use rules.
8. Intellectual Property
The App, including all software, design, text, graphics, audio, and other content (excluding User Content), is owned by e2partners or its licensors and is protected by copyright, trademark, and other laws. Except for the limited rights expressly granted in these Terms, e2partners reserves all rights in and to the App.
"Whisper," "e2partners," and any related logos are trademarks of e2partners. You may not use them without our prior written permission.
9. Third-Party Services
The App relies on third-party services including, without limitation, Apple Inc., Google LLC (Firebase), RevenueCat, Inc., and OpenAI, L.L.C. Your use of those services may be subject to their separate terms and privacy policies. We are not responsible for the acts, omissions, performance, or content of any third-party service. Any third-party links or references are provided for convenience only.
10. Disclaimer of Warranties
To the maximum extent permitted by law, the App, all content, and all output (including AI Output) are provided "as is", "as available", and "with all faults", without warranty of any kind, express or implied.
e2partners expressly disclaims all warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, title, accuracy, reliability, availability, or quiet enjoyment, and any warranties arising out of course of dealing, course of performance, or usage of trade.
Without limiting the foregoing, e2partners does not warrant that:
- The App will meet your requirements;
- The App will be available, uninterrupted, timely, secure, or error-free;
- Any defects will be corrected;
- Transcripts or AI Output will be accurate, complete, or appropriate for any use;
- Any data will be preserved or that backups of your data will be available; or
- The App is free of viruses or harmful components.
Some jurisdictions do not allow exclusion of certain warranties, so portions of this Section may not apply to you. To the extent any warranty cannot be disclaimed, it is limited in duration to the minimum permitted by law.
11. Limitation of Liability
To the maximum extent permitted by law, in no event will e2partners or its officers, directors, employees, agents, or licensors be liable for any:
- Indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages;
- Loss of profits, revenue, data, use, goodwill, reputation, or other intangible losses;
- Cost of substitute products or services;
- Damages arising from (i) your access to or use of, or inability to access or use, the App; (ii) any conduct or content of any third party; (iii) any content you or anyone else created using the App; (iv) any AI Output or your reliance on it; or (v) unauthorized access, use, or alteration of your transmissions or content;
Even if e2partners has been advised of the possibility of such damages.
You expressly agree that you assume all risk and all responsibility arising out of or related to your use of the App, including without limitation: (i) any voice recording you capture; (ii) any transcript, AI Output, or other content generated or displayed by the App; (iii) any message, email, note, or other communication you send, share, or publish in reliance on the App; (iv) any data you transmit to third-party service providers through the App; and (v) any act or omission of any third party. Your sole and exclusive remedy for dissatisfaction with the App or any of its outputs is to stop using it.
In no event will e2partners' aggregate liability under these Terms or arising out of or relating to the App exceed the lesser of (A) the amount you have paid to e2partners in the twelve (12) months immediately preceding the event giving rise to the claim, or (B) US$1 (one U.S. dollar), whichever is less. For users who have paid nothing to e2partners, our aggregate liability is US$0. This limitation applies in the aggregate for any and all claims, regardless of the number or theory of claims, the number or form of damages, or whether any limited remedy fails of its essential purpose. The existence of more than one claim will not expand this limitation.
You acknowledge and agree that the foregoing limitations and disclaimers are a fundamental basis of the bargain between you and e2partners, that e2partners would not make the App available to you absent your acceptance of these limitations, and that the price (if any) you pay for the App reflects these limitations.
Some jurisdictions do not allow the limitation of incidental, consequential, or certain other damages. If a court of competent jurisdiction holds any portion of this Section unenforceable, that portion will be limited or eliminated only to the minimum extent necessary, and the remaining portions of this Section, and of these Terms, will remain in full force and effect.
12. Indemnification
You agree to indemnify, defend, and hold harmless e2partners and its officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising from or related to:
(a) Your access to or use of the App;
(b) Your User Content, including any voice recording, transcript, or AI Output you generate, send, share, or rely upon;
(c) Your violation of these Terms or any applicable law (including recording-consent laws);
(d) Your violation of any third-party right, including any intellectual property, privacy, or publicity right;
(e) Any dispute between you and any third party arising from your use of the App.
e2partners reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with e2partners in asserting any available defenses.
12A. Time Limit for Claims
You and e2partners agree that any claim, dispute, or controversy arising out of or relating to these Terms, the App, or your use of it must be filed in arbitration (or in court, if Section 16 does not apply) within the shortest period permitted by applicable law, but in no event more than six (6) months after the act, omission, or other event giving rise to the claim. Any claim not brought within that period is permanently waived and barred. You and e2partners knowingly and intentionally agree to waive any longer limitation period that might otherwise apply.
12B. Notice and Opportunity to Cure
Before initiating any claim against e2partners in arbitration or in any court, you agree to provide e2partners with WRITTEN NOTICE describing:
(a) the nature and basis of the claim;
(b) the specific relief sought;
(c) your name, email, and the device identifier or Apple ID used to install the App.
Notice must be sent to hello@e2partners.co. You agree not to initiate any claim, demand, arbitration, or lawsuit until sixty (60) days after delivering written notice, during which time e2partners may, at its sole option, investigate and propose a resolution. Compliance with this Section is a condition precedent to your right to bring any claim. e2partners' failure to respond does not waive any of e2partners' rights or defenses.
12C. Acknowledgment and Assumption of Risk
By downloading, installing, or using the App, you expressly acknowledge, represent, and warrant that:
- You have read these Terms in their entirety, including Sections 5 (Your Content), 6 (AI Output), 6A (High-Risk Activities), 10 (Disclaimer of Warranties), 11 (Limitation of Liability), 12 (Indemnification), 12A (Time Limit), 12B (Notice and Cure), and 16 (Arbitration and Class Action Waiver), and you understand each of them.
- You assume all risk associated with the App, including the risk of inaccurate transcription, inaccurate or harmful AI Output, loss of data, unauthorized disclosure of data sent to third-party processors, and any consequence of any communication you create or send using the App.
- You have not relied on any statement, representation, promise, or warranty — express or implied, oral or written — not expressly contained in these Terms or the Privacy Policy. (See also Section 18(c).)
- The limitations, disclaimers, and waivers in these Terms are a fundamental and material basis of the bargain between you and e2partners. e2partners would not make the App available at the price (if any) you pay, or at all, absent your acceptance of those limitations.
- Your sole and exclusive remedy for any dissatisfaction with the App, AI Output, or these Terms is to stop using the App.
If you do not agree to all of the foregoing, you must immediately cease all use of the App and delete it from your devices.
13. Termination
You may stop using the App at any time. We may suspend or terminate your access to the App at any time, with or without notice or cause, including without limitation if we believe you have violated these Terms.
Upon termination:
- Your right to use the App ceases immediately.
- Any subscription you have purchased remains subject to App Store policies (which generally entitle you to use the subscription through the end of the current period).
- Sections 5.3, 6, 7, 8, 10, 11, 12, 14, 15, 16, 17, and 18 survive termination.
14. Modifications to the Service or Terms
We may modify, suspend, or discontinue the App (or any part of it) at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuance.
We may revise these Terms at any time by updating the "Last Updated" date above. Material changes will be communicated through the App or by other reasonable means. Your continued use of the App after a revision takes effect constitutes your acceptance of the revised Terms. If you do not agree to a revised version, you must stop using the App.
15. Apple-Specific Terms
This Section applies if you obtained the App through the Apple App Store. The parties acknowledge:
- These Terms are between you and e2partners, not Apple. e2partners (not Apple) is solely responsible for the App and its content.
- Your use of the App must comply with the Apple App Store Terms of Service.
- Apple has no obligation to provide maintenance or support for the App.
- In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
- e2partners (not Apple) is responsible for addressing any claims by you or any third party relating to the App, including product-liability, consumer-protection, and intellectual-property claims, subject to these Terms.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
16. Mandatory Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
16.1 Informal resolution first
Before filing any claim, you agree to try to resolve the dispute informally by emailing hello@e2partners.co with a description of the claim. We will try in good faith to resolve the dispute within 30 days.
16.2 Binding arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or the App that is not resolved informally will be resolved exclusively by binding individual arbitration before a single arbitrator. The arbitration will be administered by JAMS under its Streamlined Arbitration Rules and Procedures (or, if you elect, by the American Arbitration Association under its Consumer Arbitration Rules). The arbitrator may not consolidate or join claims.
16.3 Class action waiver
You and e2partners each waive the right to bring or participate in a class action, class arbitration, or representative proceeding. Disputes must be brought only on an individual basis.
16.4 Opt-out right
You may opt out of this arbitration agreement by emailing hello@e2partners.co within 30 days of first agreeing to these Terms. Your email must include your name, the device or Apple ID used to install the App, and a clear statement that you wish to opt out. Opting out does not affect any other provision of these Terms.
16.5 Exceptions
This Section does not apply to (i) small-claims court actions, (ii) claims for injunctive relief to protect intellectual-property rights, or (iii) claims that cannot be arbitrated as a matter of law.
16.6 Federal Arbitration Act
The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this Section.
17. Governing Law and Venue
These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws principles. Subject to Section 16, any claims that may be brought in court must be brought exclusively in the state or federal courts located in Delaware, and you and e2partners each consent to the personal jurisdiction of those courts.
If you reside in the European Economic Area, United Kingdom, or another jurisdiction that grants you mandatory consumer protections, this Section does not deprive you of any such protection.
18. Miscellaneous
- Entire agreement. These Terms, together with the Privacy Policy and any product-specific terms presented to you in the App, constitute the entire agreement between you and e2partners regarding the App and supersede all prior or contemporaneous understandings, communications, advertisements, or representations.
- No reliance. You acknowledge that you have not relied on any statement, promise, or representation other than those expressly set forth in these Terms. No oral or written information given by e2partners or any agent will create any warranty not expressly stated herein.
- Severability and reformation. If any provision of these Terms is held invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, the parties agree that: (i) the offending portion will be reformed to the minimum extent necessary to render it enforceable while preserving the parties' intent to the maximum extent possible; (ii) if reformation is not possible, the offending portion will be severed and the remainder of these Terms will remain in full force and effect; and (iii) no other provision will be affected, invalidated, or rendered unenforceable by reason of such reformation or severance. No provision will be deemed dependent upon any other unless so expressed.
- No waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.
- Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms freely.
- Force majeure. We are not liable for any failure or delay in performance caused by events beyond our reasonable control.
- No agency. No agency, partnership, joint venture, or employment relationship is created between you and e2partners.
- Headings. Section headings are for convenience only and have no legal effect.
19. Contact
Questions about these Terms:
e2partners
Email: hello@e2partners.co
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