TERMS OF SERVICE

Last Updated: January 21st, 2025

1. Introduction

Welcome to Whyser Inc. ("Whyser," "Company," "we," "our," or "us"). These Terms of Service ("Terms") govern your use of our AI-powered interviews and insights platform and related services (collectively, the "Service") accessible through whyser.ai and any associated applications.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service. These Terms constitute a legally binding agreement between you and Whyser.

Our Privacy Policy, accessible at https://www.whyser.ai/privacy-policy, is incorporated by reference into these Terms and explains how we collect, use, and protect information from our users.

2. Account Terms

2.1. Eligibility

  • You must be at least 18 years old to use the Service.
  • You must have the authority to bind any entity on whose behalf you use the Service.
  • You must provide accurate, current, and complete account information.

2.2. Account Security

  • You are responsible for maintaining the confidentiality of your account credentials.
  • You must notify us immediately of any unauthorized access to your account.
  • We reserve the right to disable any account for security reasons or violation of these Terms.

2.3. Account Recovery

If your account is locked or disabled, you may initiate the recovery process by contacting us.

3. Purchases and Subscriptions

3.1. Payment Processing

  • Payments are processed through Stripe.
  • You must provide accurate and complete billing information.
  • You authorize us to charge your chosen payment method.
  • All payment information is subject to Stripe's terms and privacy policy.

3.2. Subscriptions

  • Service is billed on a subscription basis.
  • Billing cycles are either monthly or annual.
  • Subscriptions automatically renew unless canceled by you or Whyser.
  • You may manage or cancel subscriptions by contacting us.
  • If you have a design partnership agreement, pilot program, or other agreement with Whyser, the terms of that agreement will take precedence over these Terms.

3.3. Fee Changes

  • We reserve the right to modify our fees at any time.
  • Fee changes will be communicated in advance.
  • Changes take effect at the start of the next billing period.
  • Continued use after fee changes constitutes acceptance.

3.4. Refunds

Paid subscription fees are non-refundable except where required by law.

4. Service Usage and AI Systems

4.1. Service Description

  • Whyser provides an AI-powered platform for conducting and analyzing interviews.
  • The Service includes automated interviewing, transcription, analysis, and reporting features.
  • All features are provided on an "as is" and "as available" basis without warranties of any kind.

4.2. AI System Usage

  • Our AI systems generate content, questions, and insights automatically without human intervention.
  • We make no representations or warranties regarding the accuracy, completeness, or reliability of AI-generated content.
  • You assume full responsibility for how you use AI-generated insights provided by the Service.
  • You should independently verify AI-generated insights, especially for critical decisions. AI outputs are provided for informational purposes only.
  • We reserve the right to modify our AI systems and algorithms at any time.

4.3. Participant Interviews

  • Interview participants may be sourced through third-party providers.
  • We make no warranties regarding participant availability, responses, or behavior.
  • Participant sourcing and interviews are provided on a best-effort basis.

4.4. Changes to Features

  • Specific features of the Service may change, be enhanced, or be removed at our sole discretion and without prior notice.

4.5. Acceptable Use of AI Interviews

AI interviews are intended for legitimate user and market research involving genuine human participants. Whyser reserves the right to suspend or limit interview capabilities for accounts that demonstrate patterns of misuse or non-compliant usage.

4.6. AI Insights Usage

Unlimited AI Insights (beta) is provided exclusively for authentic user research analysis. Whyser reserves the right to modify or restrict access to this feature for accounts that do not adhere to intended use principles.

5. Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

  • In any way that violates applicable national or international law or regulation.
  • To exploit or harm minors in any way.
  • To send unsolicited advertising or promotional material.
  • To impersonate Whyser, its employees, its officers, or other individuals or businesses.
  • To attempt to deceive others about your identity or the origin of a message, interview, or communication.
  • To transmit any material that is defamatory, offensive, or otherwise objectionable.
  • For any purpose that violates the rights of others.

Additionally, you agree not to:

  • Use the Service in any manner that could disable, overburden, damage, or impair it.
  • Use any robot, spider, or other automatic device, process, or means to access the Service.
  • Use any manual or automatic process to monitor or copy any material on the Service.
  • Use any device, software, or routine that interferes with the proper working of the Service.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other malicious material.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Service.
  • Take any action that may damage or falsify our reputation.
  • Reverse-engineer, decompile, or replicate our platform, AI algorithms, or proprietary content without explicit written permission.

6. Analytics

6.1. Usage Tracking

  • We use analytics tools to monitor and analyze Service usage, which may include the use of cookies and other tracking technologies.
  • Data collected may include usage patterns, performance metrics, and user interactions.
  • Analytics data is used to improve our Service and user experience.
  • For details on our use of cookies and tracking technologies, please refer to the Privacy Policy, Section [Cookies and Tracking Technologies].

6.2. Google Analytics

  • We use Google Analytics to track and report website traffic.
  • Google Analytics data collection is subject to Google's privacy policy.
  • You can learn more about Google's data practices at: https://policies.google.com/privacy.

7. Data Rights and Intellectual Property

7.1. Customer Data

  • Customers commissioning studies act as the data controllers, determining the purpose and lawful basis for processing interview data
  • Customers retain ownership of the participant responses of their studies.
  • Customers grant Whyser a license to process and analyze their data to provide the Service.
  • Customers can request data deletion, including before subscription termination, by contacting us. Requests will be handled in compliance with GDPR's "right to be forgotten."
  • We may delete data after subscription termination with reasonable notice.
  • We may retain and use anonymized data and metadata to improve our Service.
  • Customers are responsible for their data retention requirements.

7.2. Intellectual Property Rights

  • Whyser retains all rights to the platform, technology, and AI systems.
  • This includes software, algorithms, text, graphics, logos, interface design, and methodology.
  • No transfer of intellectual property rights is implied by your use of the Service.
  • We retain the right to analyze platform usage patterns to improve our Service.

7.3. Feedback and Intellectual Property

  • Any feedback, suggestions, or improvements provided regarding the Service become the property of Whyser.

8. Liability and Disclaimers

8.1. Warranty Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WHYSER SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

8.2. Limitation of Liability

  • We shall not be liable for any indirect, incidental, special, consequential, or punitive damages.
  • Our total liability shall not exceed the amounts paid for the Service in the twelve months preceding the claim.
  • We are not liable for any damages resulting from:
    • Service interruptions or delays.
    • AI system performance or outputs.
    • Actions taken based on AI outputs.
    • Loss or unauthorized access to data.
    • Participant behavior or responses.
    • Third-party provider actions or availability.

8.3. Force Majeure

We are not liable for any failure to perform due to circumstances beyond our reasonable control, including but not limited to:

  • Natural disasters.
  • Cyberattacks or system failures.
  • Government-imposed restrictions.
  • Labor disputes.
  • Internet service provider failures.

9. Term and Termination

9.1. Term

These Terms remain in effect until terminated by either party.

9.2. Termination

  • We may terminate or suspend access to the Service immediately for any reason.
  • Upon termination, all rights granted under these Terms will cease.
  • Sections regarding intellectual property, liability, and data rights survive termination.

10. General Provisions

10.1. Governing Law

These Terms are governed by the laws of the State of California, without regard to its conflict of law principles.

10.2. Modifications

  • We reserve the right to modify these Terms at any time.
  • Changes will be effective upon posting to our website.
  • Continued use of the Service constitutes acceptance of modified Terms.

10.3. Assignment

  • We may assign our rights and obligations under these Terms.
  • You may not assign your rights without our prior written consent.

10.4. Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in effect.

10.5. Entire Agreement

  • These Terms constitute the entire agreement between you and Whyser.
  • Any separate agreements must be in writing and signed by both parties.

11. Contact Information

For questions about these Terms, please contact us at: contact@whyser.ai

By using our Service, you acknowledge that you have read and agreed to these Terms of Service.