Terms of Service

Effective Date: June 19, 2026

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the Whisp Drive website, platform, software, products, and services collectively, the "Services".

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Services.

2. Services

Whisp Drive provides customer engagement, lead capture, messaging, and related communication technologies that enable businesses to engage with consumers through mobile-first interactions.

Whisp Drive may modify, enhance, suspend, or discontinue portions of the Services at any time.

3. Business Use Only

The Services are intended for use by businesses and organizations.

You represent and warrant that you have the authority to enter into these Terms on behalf of your organization.

4. Customer Responsibilities

Customer agrees to:

• Use the Services in compliance with all applicable laws and regulations.
• Maintain accurate account information.
• Protect account credentials.
• Obtain any required permissions or consents from end users.
• Use the Services only for lawful business purposes.

Customer shall not:

• Use the Services for unlawful, fraudulent, deceptive, or abusive purposes.
• Attempt to interfere with or disrupt the Services.
• Reverse engineer, copy, or reproduce the platform except as permitted by law.
• Send unlawful, unsolicited, or prohibited communications.

5. Messaging Compliance

Customer is solely responsible for compliance with all applicable messaging, marketing, privacy, and consumer protection laws, including but not limited to:

• TCPA
• CAN-SPAM
• CTIA Messaging Principles
• State privacy laws
• Any applicable carrier requirements

Whisp Drive provides tools designed to support compliant communications but does not provide legal advice or guarantee regulatory compliance.

6. Fees and Payment

Customer agrees to pay all fees specified in the applicable Order Form, Service Agreement, or Subscription Agreement.

Unless otherwise agreed in writing:

• Invoices are due according to the payment terms listed on the invoice.
• Late payments may result in suspension of Services.
• Fees are non-refundable except as required by law.
• Customer is responsible for any applicable taxes.

7. Intellectual Property

Whisp Drive retains all right, title, and interest in and to the Services, software, technology, trademarks, documentation, and related intellectual property.

No ownership rights are transferred to Customer. Customer retains ownership of its own data, content, trademarks, and branding.

8. Confidentiality

Each party agrees to protect confidential information received from the other party and to use such information solely for purposes of providing or receiving the Services.

Confidential information shall not include information that is publicly available, already known by the receiving party, independently developed, or received from a third party without restriction.

9. Data and Privacy

Use of the Services is subject to Whisp Drive's Privacy Policy.

Customer acknowledges that certain information may be processed, stored, or transmitted as part of the Services.

10. Service Availability

Whisp Drive will use commercially reasonable efforts to maintain availability of the Services. However, the Services are provided on an "as available" basis and uninterrupted operation is not guaranteed.

Scheduled maintenance, third-party outages, carrier disruptions, and events beyond Whisp Drive's control may impact availability.

11. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

WHISP DRIVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WHISP DRIVE DOES NOT GUARANTEE LEAD VOLUME, SALES RESULTS, REVENUE INCREASES, OR SPECIFIC BUSINESS OUTCOMES.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WHISP DRIVE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

WHISP DRIVE'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY CUSTOMER TO WHISP DRIVE DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

13. Indemnification

Customer agrees to defend, indemnify, and hold harmless Whisp Drive and its officers, employees, affiliates, and agents from any claims, damages, liabilities, costs, and expenses arising from:

• Customer's use of the Services.
• Customer's violation of these Terms.
• Customer's violation of applicable law.
• Customer's communications with consumers.

14. Termination

Either party may terminate the Services as provided in the applicable agreement.

Upon termination, Customer's access to the Services may be disabled, outstanding fees remain due and payable, and applicable provisions of these Terms shall survive termination.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Massachusetts, without regard to conflict of law principles.

Any legal action arising from these Terms shall be brought in the state or federal courts located in Massachusetts.

16. Changes to Terms

Whisp Drive may update these Terms from time to time.

Continued use of the Services following any update constitutes acceptance of the revised Terms.

17. Contact Information

Whisp Drive
Email: contact@whispdrive.com
Website: whispdrive.com