Terms of Service

These Terms govern your access to and use of Whistler Digital's products and services (the "Services"). By using the Services, you agree to these Terms.

Effective date: September 25, 2025 • Last updated: September 25, 2025

1. Agreement

These Terms of Service (the "Terms") form a binding agreement between you and Whistler Digital ("Whistler","we","us"). If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization. Additional order forms, a Master Service Agreement ("MSA"), or a Data Processing Addendum ("DPA") may supplement these Terms. In the event of conflict, the order of precedence is: MSA → Order Form → DPA → these Terms → documentation.

2. Eligibility & Accounts

  • Minimum age. You must be at least 16 years old to use the Services.
  • Account registration. You agree to provide accurate information and keep credentials confidential. You are responsible for activity under your account.
  • Authorized users. Only your employees and contractors acting on your behalf may access your account, subject to these Terms.

3. Subscriptions & Billing

Plans

Paid plans are billed in advance per term (monthly/annual) and may include usage‑based fees.

Taxes

Fees exclude taxes; you are responsible for applicable taxes unless we are legally required to collect them.

Late payments

Late or declined payments may result in suspension after notice.

For plan details see Pricing. Refunds are not guaranteed unless required by law or specified in an order form.

4. Acceptable Use

You will not, and will not permit others to, misuse the Services. Prohibited conduct includes:

  • Reverse engineering, scraping, or bypassing technical or rate limits
  • Introducing malware or interfering with the Service’s operation
  • Sending unlawful, deceptive, or unsolicited communications in violation of anti‑spam laws
  • Collecting or processing sensitive or illegal content without lawful basis
  • Using the Services to infringe the rights of others

5. Customer Data & Privacy

Customer Data means data you submit to the Services, including consent records and related metadata. As between you and Whistler, you own Customer Data. We process Customer Data solely to provide the Services and as instructed by you, per the DPA. See our Privacy Policy for how we handle personal data as a controller.

Webhook payloads are signed and delivery is retried with backoff. See Webhooks.

6. Security & Availability

  • We implement administrative, technical, and physical safeguards appropriate to the risk.
  • Service level targets and support response times are described on the Support page or an applicable order form.
  • We may temporarily suspend access to protect the Services or comply with law. We will use commercially reasonable efforts to provide notice when practicable.

7. Third‑Party Services

Integrations and connectors may enable you to exchange data with third‑party services. Your use of third‑party services is governed by their terms, not these Terms. We are not responsible for third‑party services and do not control their actions.

8. Intellectual Property

Whistler retains all rights, title, and interest in and to the Services, software, SDKs, documentation, and trademarks. No rights are granted except as expressly stated. You grant Whistler a limited license to use your name and logo to identify you as a customer, unless you opt out via written notice.

Feedback. If you provide feedback or suggestions, you grant Whistler a perpetual, irrevocable, royalty‑free license to use them without restriction.

9. Beta & Preview Features

We may offer features identified as beta, preview, early access, or similar ("Beta Features"). Beta Features are provided "as is" for evaluation without warranty or SLA and may be modified or discontinued.

10. Compliance & Export

  • You will comply with applicable laws, including privacy, anti‑spam, and export control laws.
  • You represent that you are not located in, under control of, or a national or resident of any restricted country or on any prohibited list.

11. Warranties & Disclaimers

EXCEPT AS EXPRESSLY STATED, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‑INFRINGEMENT, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR‑FREE.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL. EXCEPT FOR YOUR PAYMENT OBLIGATIONS OR LIABILITY THAT CANNOT BE LIMITED BY LAW, EACH PARTY'S AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY YOU TO WHISTLER FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

13. Indemnification

You will defend, indemnify, and hold harmless Whistler and its affiliates, officers, and employees from and against claims, damages, liabilities, and costs (including reasonable attorneys’ fees) arising from your use of the Services in violation of these Terms or applicable law, or from Customer Data and content you submit.

14. Term, Suspension & Termination

  • Term. These Terms remain in effect while you access the Services.
  • Termination for cause. Either party may terminate for material breach if not cured within 30 days after written notice.
  • Effect. Upon termination, your access ends. We will make Customer Data export options available as described in the documentation or order form.

15. Governing Law & Disputes

These Terms are governed by the laws of the governing venue identified in your order form (or, if none, the laws of your primary contracting entity’s jurisdiction), excluding conflict‑of‑laws principles. The parties consent to exclusive jurisdiction and venue of the courts in that location. The U.N. Convention on Contracts for the International Sale of Goods does not apply.

If agreed in writing, disputes will be resolved by binding arbitration under the rules specified in the applicable order form or MSA.

16. Changes to Terms

We may update these Terms from time to time. We will post changes here and, if changes are material, provide notice through the Services or via email. Your continued use after changes become effective constitutes acceptance.

17. Notices

Notices to Whistler must be sent to legal@whistlerdigital.com. Notices to you may be provided via the Services, email to your account email, or billing contact.

18. Contact

Questions about these Terms? Contact us at legal@whistlerdigital.com.

Non‑legal advice. This page is provided for convenience and does not constitute legal advice. Consult your counsel to adapt these Terms to your organization and jurisdiction.