Terms of Service

Last Updated: December 1, 2024

IMPORTANT: This Terms of Service contains a binding arbitration clause and class action waiver that impact your rights about how to resolve disputes. Please read it carefully.

1. Agreement to Terms

By accessing or using Whispie ("Service"), operated by Black Eagle Group LLC ("we," "our," or "us"), you agree to be bound by these Terms of Service and our Privacy Policy. If you disagree with any part of these terms, you may not access our Service.

2. Eligibility

You must be at least 18 years old to use Whispie. By using Whispie, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this agreement.

If you are using Whispie on behalf of a child, you represent that you are the parent or legal guardian and have the authority to agree to these terms on the child's behalf.

3. Account Registration and Security

You must provide accurate, complete, and current registration information. You are responsible for:

4. Subscription Terms

4.1 Free Trial

We offer a 7-day free trial for new users. The trial begins immediately upon registration. You may cancel at any time during the trial period without charge.

4.2 Subscription Plans

Plan Price Features Auto-Renewal
Premium Monthly $9.99/month All features, 1 baby Yes, monthly
Premium Yearly $99.99/year All features, 1 baby Yes, yearly
Premium+ Family $14.99/month All features, up to 5 babies Yes, monthly

4.3 Automatic Renewal

All subscriptions automatically renew at the end of each billing period unless canceled at least 24 hours before the renewal date. You can cancel automatic renewal at any time through your account settings.

4.4 Price Changes

We reserve the right to change subscription fees. We will provide at least 30 days notice of any price changes. Continued use after price changes constitutes acceptance of new prices.

5. Payment Terms

All payments are processed through Stripe, Apple App Store, or Google Play Store. By providing payment information, you authorize us to charge the applicable fees.

5.1 Billing

5.2 Platform-Specific Terms

Apple App Store: Subscriptions are managed through your Apple ID. Cancellations must be made through iTunes/App Store settings.

Google Play Store: Subscriptions are managed through your Google Account. Cancellations must be made through Google Play Store settings.

6. User Content and Responsibilities

6.1 Your Content

You retain all rights to the content you create, upload, or share through Whispie ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, and display that content solely for providing the Service.

6.2 Content Standards

You agree not to post content that:

6.3 Family Sharing

When you share baby information with family members, you are responsible for:

7. Acceptable Use

You agree not to:

8. Intellectual Property

All rights, title, and interest in the Whispie Service, including all intellectual property rights, are and will remain the exclusive property of Black Eagle Group LLC and its licensors.

The Whispie name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Black Eagle Group LLC or its affiliates or licensors.

9. Termination

We may suspend or terminate your account if you violate these Terms. Upon termination:

You may terminate your account at any time through account settings.

10. Regional Specific Provisions

10.1 European Union & United Kingdom

Right of Withdrawal: For digital services provided immediately upon subscription, you acknowledge and agree that you lose your right of withdrawal once the performance of the service has begun.

Consumer Protection: EU/UK consumers have legal rights under consumer protection laws that cannot be excluded.

10.2 United States - California

California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at (800) 952-5210.

10.3 Turkey

Tüketici Hakları: 6502 sayılı Tüketicinin Korunması Hakkında Kanun uyarınca tüketici hakları saklıdır.

Uzlaştırma: Tüketici sorunları için öncelikle tüketici hakem heyetlerine başvurulacaktır.

10.4 Other Regions

11. Disclaimers

Medical Disclaimer: Whispie is not a medical device and does not provide medical advice. The Service is for informational purposes only and should not be used as a substitute for professional medical advice.

Service "As Is": The Service is provided "as is" without warranties of any kind, either express or implied.

12. Limitation of Liability

To the maximum extent permitted by law, Black Eagle Group LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues.

Our total liability shall not exceed the amount you paid to us in the past six months.

13. Dispute Resolution

13.1 Binding Arbitration

Any dispute arising from these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Wilmington, Delaware.

13.2 Class Action Waiver

You agree to resolve disputes on an individual basis and waive any right to participate in class actions.

13.3 Exceptions

This section does not apply to consumers in the European Union, United Kingdom, or other jurisdictions where such provisions are unenforceable.

14. Governing Law

These Terms shall be governed by the laws of the State of Delaware, without regard to its conflict of law provisions.

Notwithstanding the foregoing, consumers in the European Union and United Kingdom will have the benefit of any mandatory provisions of the law of the country in which they are resident.

15. Changes to Terms

We may modify these Terms at any time. We will provide notice of material changes via email or in-app notification. Continued use after changes constitutes acceptance of modified Terms.

16. Contact Information

Black Eagle Group LLC
30 N Gould St Ste N
Sheridan, WY 82801, USA
Email: legal@whispieapp.com
Website: www.whispieapp.com