Wispr Terms of Service

Welcome to Wispr! Wispr AI, Inc. (“Wispr”) provides neural devices and software, including Wispr Flow, to help users improve their interactions with digital devices (collectively, “Services”). By using or accessing the Services, you are agreeing to these Terms of Service (“Terms”) and our Privacy Policy, which explains how we collect and use your information.

To use the Services, you must be at least 13 if you reside in the United States, and 16 if you reside anywhere else. If you are under the age of 18, depending on where you live, you may need to have your parent or guardian’s consent to these Terms and they may need to enter into these Terms on your behalf.

1. Your Account

To use the Services, you must create an account. You agree to provide us with accurate, complete and at all times up to date information for your account. We may need to use this information to contact you. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. Do not share your account credentials or give others access to your account. You agree to immediately notify us if you know or have any reason to suspect that your account has been compromised.

2. Your Content

A. Content. When you submit content to the Services, you grant Wispr, and any third-party services acting on Wispr’s behalf, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of, communicate, publish, publicly display, publicly perform and distribute your content for the limited purposes of allowing us to provide, improve, and protect the Services. If we use your content in the ways described in these Terms, you represent and warrant that such use will not infringe or violate any laws or the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights, trade secrets or any other intellectual property or proprietary rights.

B. AI Inputs and Outputs. The Services use large language models (LLMs) and other artificial intelligence features (“AI Features”). When you submit audio, text, links, graphics, photos, videos, or other materials to the Services (“Input”), Wispr uses AI Features to generate outputs based on the Input (“Output”). Input and Output are collectively referred to as “Customer Content”. As between you and Wispr, and to the extent permitted by applicable law, you retain all ownership rights in Input and you own all Output, and Wispr hereby assigns to you all of our right, title, and interest, if any, in and to Output. By using the Services, you grant Wispr a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute Customer Content in any and all media or distribution methods now known or later developed (for clarity, these rights include, for example, curating, transforming, and translating) for the purpose of providing and improving the Service, including without limitation to train our LLMs and other AI models. You may request to opt out of Wispr using your Customer Content for model training by submitting a request using this form. However, it is important to note that Customer Content is not used to train models provided by Third-Party Services (as defined below). For additional information about how we use Customer Content for model training, please see our Consumer Data Usage Policy.

C. No Warranties Regarding Outputs. Wispr makes no representations or warranties with respect to the accuracy of any Outputs. You should not rely on any Outputs without independently confirming their accuracy. Outputs may contain material inaccuracies even if they appear accurate because of their level of detail or specificity. You acknowledge that the Services and any Outputs may not reflect correct, current, or complete information.

D. Third-Party Outputs. Due to the nature of generative AI models, Outputs may not be unique, and Outputs that the Service generates based on materials submitted by third parties (“Third-Party Outputs”) may be similar or identical to Outputs that the Service generates based on your Inputs. You acknowledge that Third-Party Outputs are not your Outputs and that you have no right, title, or interest in or to any Third-Party Outputs.

E. Compliance. Wispr may review your conduct and content for compliance with these Terms. Additionally, you acknowledge and agree that Wispr is not responsible for content that users share through the Services.

3. Restrictions

A. General. You may use the Services only as permitted by applicable law, including export control laws and regulations. Additionally, while using the Services, you agree not to engage in any conduct that is abusive or violates these Terms, including the following prohibited conduct: 

• breach or circumvent any security or authentication measures; 
• take apart, decompile or reverse engineer any part of the Services in an effort to access source code, algorithms, or other Wispr intellectual property;
• access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you have not been invited to;
• probe, scan, or test the vulnerability of any system or network, unless done in compliance with any bug bounty program we may offer;
• interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
• sell the Services unless specifically authorized to do so, or purchase the Services from an unauthorized seller;
• publish, share, or store content that contains child sexual abuse content or promotes extreme acts of violence;
• advocate hatred or incitement of violence against any person or group of people based on a protected class;
• access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, scraping or creating accounts in bulk);
• send unsolicited communications, promotions or advertisements, or spam;
• send altered, deceptive or false source-identifying information, including spoofing or phishing;
• circumvent storage space limits;
• violate the law in any way, including publishing or sharing material that is fraudulent, defamatory, or misleading, or that violates the intellectual property, privacy, or other proprietary rights of others;
• engage in any type of payment fraud, including unauthorized use of credit cards or other payment methods, illegitimate chargebacks, or any other method of obtaining the Services without required payment; or 
• use the Services, including Wispr Flow, to record or transcribe another person’s speech without their consent.

B. Special Restrictions on Use of AI Features. You will not and will not permit anyone else to: 

• use the AI Features or any Output to infringe any third-party rights;
• use the AI Features or any Output to develop, train or improve any AI or machine learning models;
• represent any Output as being approved or vetted by Wispr;
• represent any Output as being an original work or a wholly human-generated work;
• use the AI Features for automated decision-making that has legal or similarly significant effects on individuals, unless it does so with adequate human review and in compliance with applicable laws; or
• use the AI Features for purposes or with effects that are discriminatory, harassing, harmful, or unethical.

C. Violations. Wispr reserves the right, in our sole discretion, to take appropriate action in response to violations of this policy, which could include removing or disabling access to content, suspending a user’s access to the Services, or terminating your account.

4. Our Software

The Services may allow you to download client software (“Software”), including Wispr Flow, which may update automatically. Provided that you comply with these Terms, we give you a limited, revocable, nontransferable, nonexclusive license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, the provisions of that license may expressly override some of these Terms.

5. Beta Services

Wispr may release products and features that we are still testing and evaluating (“Beta Services”). Beta Services are labeled “beta,” “preview,”, or similar phrases, and may not be as reliable as Wispr’s other services. Beta Services are made available so that we can collect user feedback, and by using our Beta Services, you agree that we may contact you to collect such feedback. Certain Beta Services may be marked as confidential until official launch. If you use any such confidential Beta Services, you agree not to disclose any information about those Services to anyone else without our permission.

6. Third-Party Services

The Services may operate on, with or using application programming interfaces and other services operated or provided by third parties (“Third-Party Services”), including without limitation through integrations or connectors to such Third-Party Services that are provided by Wispr. Wispr currently uses various AI foundation model services as Third-Party Services to generate Outputs. Wispr is not responsible for the operation of any Third-Party Services nor the availability or operation of the Services to the extent such availability and operation is dependent upon Third-Party Services. Wispr does not make any representations or warranties with respect to Third-Party Services or any third party providers.

7. Wispr’s Intellectual Property

As between you and Wispr, the Services are owned by Wispr, and are protected by copyright, trade secret, trademark and other US and foreign laws. These Terms do not grant you any right, title or interest in the Services, our intellectual property, or others’ content in the Services. You agree not to change, modify, translate or otherwise create derivative works of the Services. Additionally, we welcome comments, suggestions, or other feedback (“Feedback”) on the Services, but note that we may use Feedback without any obligation to you, even after these Terms are terminated.

8. Our Rights

Wispr may exercise the following rights at any time and in our sole discretion, and without liability or notice to you (except where prohibited by applicable law): (a) we may change parts or all of the Services and their functionality; (b) we may suspend or discontinue parts or all of the Services; (c) we may terminate, suspend, restrict or disable your access to or use of parts or all of the Services; (d) we may terminate, suspend, restrict or disable access to your accounts or parts or all of your content; and (e) we may change our eligibility criteria to use the Services (and if such eligibility criteria changes are prohibited by law where you reside, we may revoke your right to use the Services in that jurisdiction).

9. Privacy

By using the Services, you confirm that you have read and understood our Privacy Policy, which describes how we handle your personal information.

10. Paid Services

A. Payment. Certain parts of the Services are paid or premium services. You can add paid features to your account (“Paid Services”). We will automatically bill you from the date you sign up for a Paid Service, and on each periodic renewal until cancellation. If you are on an annual plan, we will send you a notice email reminding you that your plan is about to renew within a reasonable period of time prior to the renewal date. You are responsible for all applicable taxes, and we will charge tax when required to do so. Some countries have mandatory local laws regarding your cancellation rights, and this paragraph does not override these laws.

B. Cancellation. You may cancel your Paid Services at any time. Refunds are only issued if required by law. Paid Services will remain in effect until canceled or terminated under these Terms. If you do not pay for your Paid Services in a timely manner, we reserve the right to suspend such Paid Services.

C. Payment Processor. We use third party payment processors (each, a “Payment Processor”) to bill you through a payment account linked to your account. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to these Terms. Unless otherwise indicated, our current Payment Processor is Stripe, and your payments are processed by Stripe in accordance with Stripe’s terms of service and privacy policy.

D. Changes. We may change the fees in effect on renewal of your subscription based on our business needs, but we will give you reasonable notice of such changes via an in-app notification or message to the email address associated with your account, and you will have the opportunity to cancel your subscription before the new fee comes into effect.

11. Termination

A. Term and Termination. You may stop using the Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if Wispr reasonably believes you have breached these Terms, your use of the Services would cause a risk of harm or loss to us or other users, or you do not have Paid Services and have not accessed our Services for twelve (12) consecutive months. Additionally, Wispr may decide to discontinue the Services in response to exceptional circumstances, events beyond Wispr’s control, or to comply with a legal requirement. If we do so, we will give you reasonable prior notice if possible. If we discontinue the Services in this way before the end of any fixed or minimum term you have paid us for, we will refund the portion of the fees you have pre-paid but have not received Services for. 

B. Survival. All provisions of these Terms which by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. WARRANTY DISCLAIMERS

A. NO WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WISPR MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WISPR ALSO DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WISPR MAKES NO WARRANTY OR REPRESENTATION THAT THE SERVICES WILL: (A) BE TIMELY, UNINTERRUPTED OR ERROR-FREE; (B) MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR (C) BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

B. Exceptions. Under certain circumstances, some jurisdictions do not permit the disclaimers in this Section, so they may not apply to you. However, the disclaimers apply to the maximum extent permitted by applicable law. You may have other statutory rights and nothing in these Terms affects your statutory rights or rights under mandatory laws.

13. LIMITATION OF LIABILITY

A. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WISPR WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) ANY CONTENT OBTAINED FROM THE SERVICE; AND (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. WISPR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES OR INACCURACIES OF CONTENT, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVICE, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, ANY BUGS, VIRUSES, MALICIOUS SOFTWARE, OR OTHER MALWARE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE AND/OR ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. WISPR HAS NO CONTROL OVER, AND TO THE FULLEST EXTENT PERMITTED BY LAW, ASSUMES NO RESPONSIBILITY FOR THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD-PARTY SERVICES ACCESSIBLE THROUGH OR INTEGRATED WITH THE SERVICES, AND YOU ACKNOWLEDGE AND AGREE THAT WISPR IS NOT RESPONSIBLE FOR ANY THIRD-PARTY SERVICES.

B. EU USERS. IF YOU ARE AN EU USER, WISPR IS LIABLE UNDER STATUTORY PROVISIONS FOR INTENT AND GROSS NEGLIGENCE BY WISPR, OUR LEGAL REPRESENTATIVES, DIRECTORS OR OTHER VICARIOUS AGENTS. AN “EU USER” MEANS A NATURAL PERSON ACTING FOR PURPOSES OUTSIDE THEIR TRADE, BUSINESS, CRAFT OR PROFESSION (AS OPPOSED TO A USER FOR BUSINESS OR COMMERCIAL PURPOSES) HABITUALLY RESIDING IN THE EUROPEAN ECONOMIC AREA OR THE UNITED KINGDOM.

14. Indemnification

To the fullest extent permitted by law, you agree to indemnify and hold harmless Wispr and its officers, directors, employees and agents from and against all damages, losses, liabilities, costs, claims, demands, fines, awards and expenses of any kind (including without limitation reasonable attorneys' fees and costs) arising out of or related to: (a) your breach of these Terms; (b) your content including without limitation all Customer Content; and (c) your violation of any applicable laws or regulations in connection with these Terms or the Services. Your indemnification obligations under this Section shall not apply to the extent directly caused by Wispr’s breach of these Terms or, where you are an EU user, to the extent that the consequences were not reasonably foreseeable.

15. Dispute Resolution

A. Informal Resolution. Before filing a claim against Wispr, you agree to attempt to resolve the dispute by first emailing us at legal@wispr.ai with a description of your claim and proof of your relationship with Wispr. We will try to resolve the dispute informally by following up via email, phone or other methods. If we cannot resolve the dispute within sixty (60) days of our receipt of your first email, you or Wispr may then bring a formal proceeding.

B. Judicial Forum for Disputes. You and Wispr agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought exclusively in the federal or state courts of San Francisco County, California, subject to the mandatory arbitration provisions below. Both you and Wispr consent to venue and personal jurisdiction in such courts. If you reside in a country with laws that give consumers the right to bring disputes in their local courts, this paragraph does not affect those requirements.

C. IF YOU ARE A RESIDENT OF THE UNITED STATES, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

1. Mandatory Arbitration Provisions. You and Wispr agree to resolve any claims relating to or arising out of these Terms or the Services through final and binding individual arbitration by a single arbitrator, except as set forth under the “Exceptions to Agreement to Arbitrate” below. This includes disputes arising out of or relating to the interpretation or application of this Section, including its scope, enforceability, revocability, or validity. The arbitrator may award relief only individually and only to the extent necessary to redress Your individual claim(s); the arbitrator may not award relief on behalf of others or the general public.
2. Opt Out of Agreement to Arbitrate. You can decline this agreement to arbitrate by contacting Wispr legal@wispr.ai within 30 days of first registering your account or agreeing to these Terms.
3. Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Consumer Arbitration Rules. The AAA’s rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879. The arbitration will be held in the United States county where you live or work, San Francisco (CA), or any other location we agree to.
4. Arbitration Fees and Incentives. The AAA rules will govern payment of all arbitration fees. The costs and fees of arbitration shall be allocated in accordance with the arbitration provider’s rules, including rules regarding frivolous or improper claims.
5. Exceptions to Agreement to Arbitrate. Either you or Wispr may assert claims, if they qualify, in small claims court in San Francisco, California, or any United States county where you live or work. Either Party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in San Francisco, California to resolve your claim.

E. NO CLASS OR REPRESENTATIVE ACTIONS. You may only resolve disputes with us on an individual basis, and you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are prohibited.

F. Severability. If any part of the Section is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class or representative arbitration, this Section will be unenforceable in its entirety. If you are found to have a non-waivable right to bring a particular claim or to request a particular form of relief that the arbitrator lacks authority to redress or award according to this Section, including public injunctive relief, then only that respective claim or request for relief may be brought in court, and you and we agree that litigation of any such claim or request for relief shall be stayed pending the resolution of any individual claim(s) or request(s) for relief in arbitration.

16. Modifications

We may modify these Terms from time to time, and will post the most current version on this site. If a modification meaningfully reduces your rights, we will notify you (by, for example, sending you an email or displaying a prominent notice within the Services). The notice may designate a reasonable period after which the new terms will take effect. Modifications will not apply retroactively. For avoidance of doubt, claims or disputes brought under these Terms will be resolved according to the dispute resolution provisions in effect at the time the claim or dispute is filed. By continuing to use or access the Services after any modifications come into effect, you agree to be bound by the modified Agreement and price changes. If you disagree with our changes, then you must stop using the Services and cancel all Paid Services.

17. Controlling Law

These Terms will be governed by California law except for its conflicts of laws principles. However, some countries, including those in the EU, have laws that require agreements to be governed by the local laws of the user’s country. This paragraph does not override those laws.

18. Copyright

Wispr respects the intellectual property of others. We respond to notices of alleged copyright infringement if they comply with the law and are reported via the Wispr Copyright Report Form. We reserve the right, in our sole discretion and in accordance with applicable law (including the Digital Millennium Copyright Act of 1998), to delete or disable content alleged to be infringing, and to terminate accounts for actual, apparent, or repeat infringement without any refunds.

19. General 

These Terms constitute the entire agreement between you and Wispr with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. Wispr’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Wispr may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.