Terms of Service
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Last updated: April 16, 2021
These General Terms apply generally to the use of the service Whereby (the "Service" or “Whereby”), and constitute a contract between you and the company providing the Service, Whereby AS, Gate 1 no. 107, 6700 Måløy, Norway ("The Company"). These terms govern your access to and use of the Service, and any video, sound, text, graphics, or other materials sent, received, stored or otherwise appearing in the Service (collectively referred to as "Content"). Parts of the Service may display Content that is not Whereby's (“User Content”). Such content is the sole responsibility of the person or entity that has made it available. When "Content" is used in this document, it refers to both content provided by Whereby and User Content collectively, unless otherwise specified.
Where applicable, "The Company" shall also be understood as a reference to affiliates, suppliers, partners and other third parties Whereby may engage or otherwise cooperate with in connection with the Service.
We may change these Terms at any time. We keep a historical record of all changes to our Terms on GitHub. If a change is material, we’ll let you know before it takes effect provided that we have your correct email address. By using Whereby on or after that effective date, you agree to the new Terms. If you don’t agree to them, you should delete your account before they take effect, otherwise your use of the Service and Content will be subject to the new Terms. For paid versions of the Services or Content that you have already purchased, we will notify you at least 30 days prior to any material changes, including price changes.
2. Age limitation
Whereby is only for people 16 years old and over. By using Whereby, you affirm that you are over 16. If we learn that someone under 16 is using Whereby, we’ll terminate their account. For use in educational settings or use of our Embedded product in your own service, contact us.
3. How you can use the Service
The Free version of Whereby is for legitimate individual use only (personal or business communication). Commercial use of Whereby as part of your own business offering requires one of our paid plans or the Embedded product. Your use of Whereby requires that you have hardware, software and an Internet connection fulfilling certain recommended requirements, as may be specified in our Support Center. If the recommended requirements are not met, you may potentially still use the Service, but normally with a lower quality or performance. Such reduced quality or performance will not give you the right to claim any compensation from Whereby.
To use certain parts of the Service, you will need to create a personal Whereby account. You may register an account by following the instructions on the Website or other instructions prompted to you. You are responsible for providing and maintaining accurate and updated personal information, and for safeguarding your account information. You may not select or use an identity of another person with the intent to impersonate that person. You must use a valid email address, and Whereby reserves the right to verify this at any time. Whereby will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Your account is strictly personal and shall not be used by any other person without your supervision. Neither shall you assign your account to any other person. You are in any event solely responsible for the use of the Service through your personal user account.
We may change, terminate, or restrict access to any aspect of the Service or your account, at any time, without notice. We reserve the right to impose limitations of use based on what we consider fair or legitimate usage, both for free and paying users.
You are responsible for your use of Whereby, including the lawfulness of any content displayed, shared, uploaded or otherwise made available by you in the Service (“the User Content”). User Content includes room names, and you are responsible for ensuring room names does not include Prohibited User Content (as listed below). Your room names are used to construct the links identifying your rooms, and guests you invite and other third parties can (request to) enter your rooms based on these links. As these guests do not need to authenticate to Whereby in order to do this, please be aware that room names must be considered public information. Do not include information that you do not want to make public in room names.
Restrictions on Content and Use of the Service
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, our users and the public.
We reserve the right to report illegal activity to applicable local authorities.
Prohibited User Content includes, without limitation, content which:
is offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred, harassment or physical harm of any kind against any group or individual;
displays or links to pornographic, sexually explicit or any other indecent material;
promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
promotes or endorses an illegal or unauthorised copy of another person's copyrighted work;
infringes on other’s trademarks, copyright or legal rights
contains restricted or password only access pages or hidden pages or images;
solicits passwords or personal data from other users; or
violates the rights of or harms or threatens the safety of other users or the Service.
shares Personal information about others, without their consent
Any use or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Service. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, Content that have been mislabeled or is otherwise deceptive. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content generated or made available via the Service.
We give you a personal, limited, worldwide, royalty-free, non-assignable, non-sublicensable and non-exclusive license to use the software that is provided to you by us as part of the Service for your personal or business use. This license is for the sole purpose of enabling you to use the Service as provided by us, subject to these Terms.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Service, our internal computer systems including technical delivery systems of our subcontractors used to provide the Service; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with us; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service or its users.
The Service may contain cryptographic functionality where the export of such could be restricted under applicable export control laws. You shall not export or re-export the Service or parts of it in violation of such laws or regulations.
Charging for Use of the Services
The Service is available as a Free plan for personal use, a paid Pro plan for professional use by individuals, and a Business plan for professional use by teams or organizations. We also offer a developer API ("Whereby Embedded") as an extension of the Business plan, for customers who want to integrate Whereby in their own products or tools.
As a Free user, you can at any time choose to upgrade your account, which will give you additional Pro features in the rooms you own. The Pro features will then be available to all guests visiting the room, even if they’re anonymous. We reserve the right to change the features included in our plans, the price of the paid plan and the structure of the plan at any time.
The Business plan requires creation of a custom subdomain (company.whereby.com) and allows you as the account creator to invite other users to create a profile in the account. By signing up for a Business account, you confirm that you are a legal representative, or are acting on behalf of such person, of the company name used in the account subdomain. You may not set up an account that impersonates or infringes on other’s trademarks. If your content or actions in the service or usage of our API violate any laws, including but not limited to spam, phishing, copyright infringement, defamation, computer attacks or fraud, we will terminate your service as soon as we find out.
You will find an updated overview of the content of the plans on our Pricing page. Details around use and billing of the Embedded product will be outlined in the Order Form you as a customer commit to. We will notify all paying users of material changes to the content, price and terms of the plan.
All payments shall be made in advance or otherwise as laid out on the Pricing page. If your payment is not successful, your room will be downgraded to the Free plan with access to Pro features removed. If you have created more than one room during your Pro subscription, you will need to select one room to keep using with the Whereby Free plan. Upgrading to Pro or Business will start a recurring subscription, and you will be billed every month in advance, on the day of month the subscription was first created. You can cancel the subscription at any time in the billing page, and you will then have access to Pro features for the remainder of the month you have paid for. When that month ends, your account will automatically be downgraded to the Free plan. Should you choose to reactivate your subscription before the account is downgraded, you will continue to have Pro features uninterrupted. In the case where payment fails for Pro and Business customers, you will be notified by email and inside the service. If repeated attempts to collect the payment fails, we may disable or block access to the account until payment of all invoices are settled. If payment is not received within a reasonable time, as outlined in our support center, the account will be downgraded to Free (for Pro) or deleted (for Business).
Payment processing services for Whereby, including the processing and storing of credit card data, are provided by Stripe Payments Europe, Ltd. (“Stripe”) and are subject to the Stripe Services Agreement — Norway (“Stripe Services Agreement”). By agreeing to these terms and continuing to operate as a customer of a paid Whereby plan, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Whereby enabling payment processing services through Stripe, you agree to provide Whereby accurate and complete information about you and your business, and you authorize Whereby to share with Stripe Payments Europe, Ltd. this information and transaction information related to your use of the payment processing services provided by Stripe.
5. Privacy and Personal Data
Whereby will comply with Norwegian and EU privacy regulations.
Whereby may need to send you information about the Service, such as important service announcements and administrative messages, by SMS, email or other means of electronic communication, by posting a notice on the Website, or through any other relevant communication channels.
Whereby may offer to send you promotional information by SMS, email or other means of electronic communication. You may choose to opt in to receiving such communication and can manage your consents in the Settings page on https://whereby.com/user/profile.
We may make available functionality allowing you to integrate other services (“Integration Service”) into Whereby. Usage of such services will be governed by the Terms applicable for the Integration Service used. Currently these include YouTube Terms of Service, Google Drive Terms of Service, Atlassian Terms of Service and Miro.
When using the Service or third-party integrations to the Service, you may be exposed to commercial messages and advertisements. The Website and the Service may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Whereby of the contents of such third party websites. Whereby excludes any responsibility for the content of linked third party websites.
8. Intellectual Property Rights
All rights, title to and interest in the Service (excluding User Content) are and will remain the exclusive property of Whereby. The Service and its content are protected by copyright and other intellectual property rights in the country you reside as well as foreign countries.
Except for the limited, personal, non-exclusive, non-transferable and revocable license granted to you for the sole purpose of your use of the Service in compliance with the Terms, you are not granted any ownership of or license to any intellectual property rights in our Service or in the content owned by us our partners that you access through the Service.
The trademarks, logos, domain names and any other similar signs or symbols which are displayed on the Website or as part of the Service are the registered and unregistered marks of Whereby. Nothing in the Terms grants you the right to use any such marks.
You retain your rights to any Content you submit, post or display on or through the Service. By submitting User Content, you grant Whereby, or must procure that your licensors grant Whereby, a non-exclusive, royalty-free, perpetual, transferable, sub-licensable, irrevocable and worldwide license to use, reproduce, store, modify, distribute, publish and create derivative works of such User Content for the purposes of providing, monitoring and improving our the Service. You represent and warrant that you own any User Content submitted by you or that you otherwise are entitled to submit such User Content and to grant us such license.
You may stop using our Service, by deleting your account in Settings on your personal account on the website. As a subscriber of a paid plan, you may terminate your subscription at any time, and will have access to the Service for the remaining (pre-paid) billing period. The Company reserves the right to terminate the Service and the agreement with you with immediate effect upon written notice to you. Users of the paid plans may be entitled to refunds and to the extent this is described on our Support Center. No users are entitled to refunds upon termination due to breach of these Terms. What we consider Fair Use is described in our Support Center. We reserve the right to terminate accounts with usage that exceed the Fair Use Policy.
Disclaimer of warranty. Whereby provides the Service to you "as is". You acknowledge that the Service is not error-free. You use it at your own risk and discretion. That means the Service doesn’t come with any warranty. None express, none implied. The service will be continually developed, and you acknowledge that changes to functionality and layout may carried out without advance notice. Whereby makes no warranties, expressed or implied, with respect to the availability, merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, performance and quality of the Service. Whereby will from time to time have to carry out updates and maintenance of the Service, due to technical, security or operational reasons, during which time the Service might be unavailable. Whereby will make reasonable efforts to arrange updates and maintenance outside of peak usage hours.
Limitation of Liability. Whereby shall not be liable for any damages, whether arising under law, contract, warranty, indemnification, tort or otherwise, including, without limitation, incidental and consequential damages, loss of profits or business opportunities, or damages resulting from loss of data or loss of access to the Service. In any event, Whereby's total liability shall not exceed the amount paid by you for the Service during the last 12 months prior to the incident that causes the liability.
Indemnity. You agree to indemnify, defend and hold harmless Whereby and its partners from all claims, liabilities and expenses (including reasonable attorney's fees) that arise from your misuse of the Service in breach of the Terms or applicable laws. Whereby reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall cooperate in good faith with Whereby in asserting any available defenses.
Partial invalidity. If any provision of the Terms is declared invalid or unenforceable by a court or other binding authority, the remaining terms (or parts), conditions and provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
Force majeure. Force Majeure means any circumstances beyond the reasonable control of either party, including, without limitation, fire, explosion, strikes or other labor disputes, riots or other civil disturbances, voluntary or involuntary compliance with any law, order regulation, recommendation or request of any governmental authority, and errors or downtime in networks, power supply, gateway or similar failures of communication. Neither party will have any liability, other than for the payment of money owing, for their failure to perform any of their contractual obligations arising out of or in connection with events of force majeure.
Assignment. Whereby is entitled, in whole or in part, to assign its rights and obligations under the Terms to a third party at its own discretion.
Choice of Law and Dispute Resolution. The Terms shall be governed by and interpreted in accordance with Norwegian law. Any dispute, controversy or claim arising out of or in connection with the Terms shall be subject to the jurisdiction of the Norwegian courts with the district court of Oslo, Norway as the legal venue.