Terms and Conditions

Third-Party Services and Links

The Services may contain links to, integrations with, or access to third-party websites, applications, tools, content, or services, including mobile operators, device manufacturers, and internet service providers ("Third-Party Services"). These Third-Party Services are provided for convenience only.

We do not control, endorse, monitor, or assume responsibility for:

• The content, policies, or practices of any Third-Party Services;
• The availability, security, or accuracy of such services;
• Any transactions or interactions between you and third parties.

Your use of any Third-Party Services is at your sole risk and subject to the terms and privacy policies of those third parties.

No Liability for Third Parties

To the maximum extent permitted by applicable law, Night Whisper shall not be liable for any damages, losses, or claims arising from:

• Your access to or use of Third-Party Services;
• The conduct, acts, omissions, or content of third parties;
• Technical failures, payment issues, outages, or service interruptions caused by App Store Providers or other third parties.

Nothing in this section limits any rights you may have under mandatory consumer protection laws.

Children Under 13

Children under thirteen (13) years of age may not create an account, purchase subscriptions, submit personal information, or use interactive features of the Services. If you are under 13, you may only use the non-account, non-interactive portions of the Services where permitted by applicable law and under the supervision of a parent or legal guardian. We comply with the Children's Online Privacy Protection Act (COPPA) and applicable children's privacy laws.

Users Ages 13 to 17

If you are under eighteen (18) but at least thirteen (13) years old (or the applicable minimum age in your jurisdiction), you may use the Services only with the involvement and express consent of a parent or legal guardian, who agrees to be bound by these Terms on your behalf and is responsible for your use of the Services. For details on how we collect, use, and protect the personal information of minors, see Section 9 (Children's Privacy) of our Privacy Policy.

Age of Independent Agreement

To create an account, purchase a subscription, or enter into these Terms independently, you must be at least eighteen (18) years old, or the age of legal majority in your jurisdiction.

Account Responsibility

To access certain features of the Services, you may be required to create an account.

You agree to:

• Provide accurate, current, and complete information;
• Maintain and promptly update your information;
• Keep your login credentials confidential and secure;
• Accept responsibility for all activities conducted through your account.

You are responsible for maintaining the security of your account and device.

If you suspect unauthorized access or security breaches, you must notify us promptly.

We may suspend or terminate accounts that violate these Terms, provide false information, or pose a risk to the security or integrity of the Services.

Restrictions

Except as expressly permitted in these Terms, you may not:

• Copy, reproduce, modify, distribute, transmit, publicly perform, publicly display, sell, license, sublicense, or otherwise exploit the Services or Content;
• Download, record, capture, screen record, mirror, extract, archive, or redistribute audio content outside of the permitted in-app functionality;
• Remove, alter, or obscure any copyright, trademark, or proprietary notices;
• Use our trademarks, logos, service marks, or trade names without our prior written consent;
• Reverse engineer, decompile, disassemble, decrypt, attempt to derive the source code of, or otherwise access the underlying software, APIs, backend systems, databases, or infrastructure of the Services except through officially provided interfaces;
• Circumvent, disable, or interfere with any digital rights management (DRM), encryption, security, or technical protection measures implemented by us;
• Use the Services or Content for any commercial purpose;
• Use automated tools (including bots, scrapers, data-mining tools, or similar technologies) to access, monitor, or collect data from the Services;
• Use the Content for training artificial intelligence systems, generative AI models, machine learning systems, text-to-speech systems, voice cloning systems, dataset creation, or any similar technologies without our prior written consent;
• Access or use the Services for the purpose of building, benchmarking, analyzing, or developing a competing product or service;
• Share your account credentials with others or allow others to access the Services through your account.

Any unauthorized use of the Services or Content constitutes a material breach of these Terms and may result in immediate termination of your license and access to the Services, and may subject you to legal action.

Intellectual Property

All rights, title, and interest in and to the Services and Content, including all intellectual property rights worldwide, are owned by or licensed to Night Whisper Studio, Inc.

Nothing in these Terms grants you any right, title, or interest in our trademarks, logos, branding, or other proprietary materials except as expressly provided.

Feedback

If you provide suggestions, ideas, feedback, or recommendations regarding the Services ("Feedback"), you grant Night Whisper Studio, Inc. a worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable license to use, reproduce, modify, distribute, incorporate, and otherwise exploit such Feedback for any lawful purpose without compensation to you.

No Transfer of Rights

Nothing in these Terms grants you ownership of, or any rights in, the Services or Content other than the limited license expressly set forth in Section 4.

No license or right is granted to you by implication, estoppel, or otherwise. All rights not expressly granted to you are reserved by Night Whisper Studio, Inc.

You may not claim ownership, authorship, or proprietary rights in any portion of the Services or Content.

Trademarks

"Night Whisper," the Night Whisper logo, and all related names, logos, product names, designs, slogans, and branding elements are trademarks or service marks of Night Whisper Studio, Inc. or its licensors.

You may not use our trademarks, logos, trade names, or branding elements without our prior written consent.

Enforcement

We reserve the right to enforce our intellectual property rights to the fullest extent permitted by applicable law.

Unauthorized use of the Services or Content may violate intellectual property laws and may result in suspension or termination of access, as well as civil or criminal liability.

Role of App Store Providers

All subscription purchases and payments are processed exclusively by the Apple App Store or Google Play Store, depending on your device.

Night Whisper is not a party to the transaction between you and the applicable App Store provider.

We do not collect, process, or store your full payment card information.

Billing management, payment authorization, subscription renewals, cancellations, refunds, and related matters are governed by the terms and policies of the applicable App Store provider.

In the event of any inconsistency between these Terms and the applicable App Store provider's billing policies, the App Store provider's policies shall control with respect to billing and payment matters.

Automatic Renewal and Recurring Charges

ALL SUBSCRIPTIONS AUTOMATICALLY RENEW UNLESS CANCELED BEFORE THE END OF THE CURRENT BILLING PERIOD.

By purchasing a subscription, you expressly authorize the applicable App Store provider to charge your selected payment method on a recurring basis at the then-current subscription rate until you cancel.

Your subscription will renew automatically at the end of each billing cycle (e.g., monthly or annually) unless canceled prior to the renewal date.

Failure to cancel before the renewal date will result in automatic renewal and charges at the applicable subscription rate.

You are solely responsible for managing, modifying, or canceling your subscription through your App Store account settings.

Free Trials

We may offer free trial subscriptions from time to time.

Unless canceled before the end of the trial period, your free trial will automatically convert into a paid subscription at the then-current rate, and the applicable App Store provider will charge your selected payment method immediately after the trial period ends.

Free trial eligibility may be limited. We reserve the right to determine eligibility, modify, or withdraw trial offers at our sole discretion, subject to applicable law.

Only one free trial may be permitted per user, account, device, or payment method.

Cancellations

You may cancel your subscription at any time through your Apple App Store or Google Play account settings.

Cancellation must be completed before the renewal date to avoid being charged for the next billing cycle.

Deleting the App does not cancel your subscription.

Cancellation stops future renewals only. It does not retroactively cancel or refund charges for the current billing period.

Upon cancellation, you will retain access to subscription features until the end of the current paid billing period.

Refunds

Except where required by applicable law, subscription fees are non-refundable.

No refunds, credits, or prorated reimbursements will be provided for any unused portion of a billing period.

All refund requests must be submitted directly to the applicable App Store provider and are subject to that provider's refund policies.

Night Whisper does not issue refunds directly for purchases made through Apple or Google.

Nothing in this section limits any non-waivable statutory rights you may have under applicable consumer protection laws, including mandatory withdrawal rights for digital content where applicable.

Price Changes

We may modify subscription pricing at any time to the extent permitted by applicable law and App Store policies.

Where required, we will provide advance notice of pricing changes.

If you do not agree to a price change, you must cancel your subscription before the new price takes effect. Continued use of the subscription after the effective date of the new price constitutes acceptance of the updated pricing.

Fraud, Abuse, and Chargebacks

If we reasonably believe that fraudulent activity, abuse of promotional offers, bad-faith payment disputes, or chargeback abuse has occurred, we reserve the right, to the extent permitted by applicable law, to:

• Suspend or terminate access to the Services;
• Deny future promotional offers;
• Restrict subscription access; and/or
• Take appropriate action to protect our rights.

Initiating a chargeback or payment dispute without first seeking resolution through the applicable App Store provider may constitute a material breach of these Terms.

Interfere with Security or Technology

• Attempt to gain unauthorized access to accounts, systems, servers, networks, or data;
• Circumvent, disable, or interfere with security-related features of the Services;
• Reverse engineer, decompile, disassemble, decrypt, or otherwise attempt to extract source code;
• Use or attempt to use bots, scrapers, spiders, data-mining tools, automated scripts, or similar technologies to access, monitor, collect, extract, or index information from the Services;
• Use the Services or Content to train, test, or develop artificial intelligence systems, generative AI models, voice cloning systems, text-to-speech systems, or machine learning systems without prior written authorization.

Abuse Content or Intellectual Property

• Copy, reproduce, distribute, publicly perform, publicly display, modify, adapt, translate, create derivative works from, or commercially exploit any Content;
• Remove, alter, or obscure copyright, trademark, or proprietary notices;
• Download, record, capture, archive, mirror, or redistribute audio content outside the permitted functionality of the Services;
• Upload, submit, or transmit content that infringes the intellectual property or other rights of any third party.

Engage in Harmful or Deceptive Conduct

• Harass, threaten, defame, abuse, exploit, or harm other users or third parties;
• Impersonate any person or entity or misrepresent your affiliation;
• Upload or transmit malware, viruses, or other harmful or disruptive code;
• Provide false, inaccurate, or misleading information;
• Engage in conduct that interferes with or disrupts other users' access to or enjoyment of the Services.

Circumvent Payments or Subscriptions

• Attempt to bypass subscription restrictions or paid features;
• Exploit free trials through multiple accounts, devices, or fraudulent means;
• Engage in payment fraud, unauthorized chargebacks, or abuse of payment systems.

Enforcement

We reserve the right, at our sole discretion, to investigate suspected violations of this section.

Violation of this section may result in:

• Suspension or termination of your account;
• Restriction of access to the Services;
• Denial of future subscriptions or promotional offers; and/or
• Referral to law enforcement authorities or legal action where appropriate.

We may cooperate with law enforcement authorities and comply with applicable legal processes relating to suspected unlawful activity.

Suspension or Termination by Night Whisper

To the maximum extent permitted by applicable law, we may, in our sole discretion, suspend, restrict, limit, or terminate your access to the Services (including your account), temporarily or permanently, at any time, with or without prior notice, if we reasonably believe that:

• You have violated these Terms;
• You have engaged in fraudulent, abusive, deceptive, or unlawful activity;
• You have engaged in payment fraud, chargeback abuse, or misuse of promotional offers;
• Your conduct poses a security, legal, reputational, or financial risk to us or other users;
• Your use of the Services interferes with the integrity, availability, or proper functioning of the Services;
• Continued access may expose us to regulatory, legal, or operational risk;
• We are required to do so to comply with applicable law, court order, governmental request, or App Store policies.

We are not required to provide advance notice or an opportunity to cure in cases involving fraud, abuse, security risk, or unlawful conduct.

Effect of Termination

Upon suspension or termination:

• Your license to use the Services immediately terminates;
• You must immediately cease all use of the Services and Content;
• We may deactivate, disable, or delete your account and associated data, subject to applicable law;
• We are not obligated to restore or provide access to your account or data after termination;
• You will not be entitled to any refund, credit, or compensation for unused subscription periods, except where required by applicable law.

Termination does not relieve you of any payment obligations or liabilities incurred prior to termination.

We shall not be liable to you or any third party for suspension or termination of your access to the Services.

Survival

The following provisions survive termination of these Terms:

• License to Use the Services and Content
• Intellectual Property Ownership
• Content Disclaimer
• Subscriptions and Payment Obligations
• User Rules (Acceptable Use)
• Disclaimers of Warranties
• Limitation of Liability
• Indemnification
• Governing Law and Dispute Resolution
• Any other provision that by its nature is intended to survive termination

Mandatory Law Carve-Out

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.

In jurisdictions where certain limitations of liability are not permitted, our liability shall be limited to the maximum extent permitted by law.

Binding Arbitration

To the maximum extent permitted by applicable law, any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by final and binding arbitration rather than in court.

YOU AND NIGHT WHISPER AGREE THAT ANY DISPUTE WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

Designated DMCA Agent

You may submit DMCA notices to our designated agent at:

Night Whisper Studio, Inc.
Attn: DMCA Agent
1111B S Governors Ave STE 48043
Dover, DE 19904
United States
Email: legal@nightwhisper.com

Repeat Infringer Policy

In appropriate circumstances and at our discretion, we may suspend or terminate the accounts of users who are determined to be repeat infringers. We may also limit access to the Services or remove content at our discretion for repeated allegations of infringement or other intellectual property violations.