General Terms and Conditions (GTC) and User Information

§ 1 Scope and Provider

1. These General Terms and Conditions (hereinafter “GTC”) apply to the use of the WhisperChat platform (accessible at wispcht.com), operated by:
   Scaled Academy GmbH
   Taunusanlage 8
   60329 Frankfurt am Main
   
   Managing Director: Jiaming Song
   Commercial Register: District Court Frankfurt am Main, HRB 133319
   (hereinafter “Provider”).
2. Deviating conditions of the user are not recognized unless the Provider expressly agrees to their validity in writing.

§ 2 Description of Services and Technical Features

1. WhisperChat is a web-based service for encrypted peer-to-peer (P2P) communication. The Provider only provides the technical infrastructure for establishing the connection (“Handshake”).
2. Due to the P2P architecture and end-to-end encryption, message content is not stored or processed on the Provider's servers.
3. The Provider does not guarantee the continuous availability of the P2P connection, as this depends significantly on the network environment (firewalls, NAT types) of the participating users.
4. No Emergency Services: WhisperChat is not a replacement for a traditional telephone service. The service explicitly does not allow emergency calls to the police, fire department, or other rescue services (e.g., 911, 112). No location data is transmitted to emergency response centers.

§ 3 Free Use (Free Plan)

1. The service is available in a free basic version (Free Plan). The use of the free plan can be terminated by the user at any time by deleting their account.
2. There is no claim to permanent availability or the retention of specific functions in the free plan. The Provider reserves the right to change or discontinue free services at any time without prior notice.

§ 4 Registration and Identity

1. The user can create an account using an email address or a freely selectable username.
2. Important note on password recovery: If the user chooses to register using a username (without providing a valid email address), password recovery by the Provider is technically impossible. In the event of password loss, the user irrevocably loses access to their account and the associated paid functions. There is no claim to a refund of fees already paid in this case.

§ 5 Conclusion of Contract and Subscriptions

1. The presentation of the tariffs (e.g., “Spark”, “Pro”, “Team”) does not constitute a legally binding offer, but an invitation to order.
2. By clicking the button “Place binding order” (or similar) in the checkout process, the user submits a binding offer to conclude a paid subscription. The contract is concluded as soon as the Provider confirms the provision of the service or the payment process has been successfully completed.
3. Payment processing is carried out via the external payment service provider Stripe. The terms of use of Stripe also apply.

§ 6 Prices, Payment, and Term

1. The prices stated at the time of the order, which can be viewed on the website, shall apply. All prices include the applicable statutory value-added tax (VAT).
2. Paid subscriptions are automatically renewed for the respective billing period (monthly or annually) unless the user cancels before the end of the current period. Cancellation can be made directly via the account settings.
3. The right of both parties to terminate for good cause remains unaffected. A good cause for the Provider exists in particular if the user uses the service for illegal purposes or violates the provisions on prohibited use (§ 8). In such a case, the account will be blocked or deleted without notice.

§ 7 Right of Withdrawal for Consumers

§ 8 User Obligations and Prohibited Use

1. The user agrees not to use the service for illegal purposes. In particular, the transmission of content that violates criminal laws (e.g., incitement to hatred, insults, terrorism-related content, child abuse images, fraud, or extortion) is prohibited.
2. The user is solely responsible for ensuring that the use of encryption technology does not violate local laws at their location.

§ 9 Liability and Indemnification

1. The Provider is liable without limitation for intent and gross negligence. For slight negligence, the Provider is only liable in the event of a breach of a material contractual obligation (cardinal obligation), limited to the foreseeable damage.
2. The Provider is not liable for the loss of data, as no storage of content takes place due to the system architecture.
3. The user shall indemnify the Provider against all claims by third parties based on illegal use of the service by the user. This also includes the costs of necessary legal defense.

§ 10 Technical Integrity

The Provider points out that due to the technical architecture (end-to-end encryption), it has no possibility to bypass encryption or make content readable for third parties (including authorities) (“No Backdoor”).

§ 11 Data Protection

Information on the processing of personal data can be found in the separate Privacy Policy.

§ 12 Final Provisions

1. The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
2. Should individual provisions of these GTC be invalid, the validity of the remaining provisions shall remain unaffected.