Terms of Service

1. Introduction

Welcome to Whisperframe. These Terms of Service ("Terms") govern your use of the Whisperframe website, application, and services (collectively, the "Service") operated by Christopher Moravec ("we," "us," or "our").

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

2. Description of Service

Whisperframe is a web application that transforms ambient conversations into AI-generated artwork. The Service captures audio through your browser, sends it to third-party AI services for transcription, interprets the content using artificial intelligence, and generates unique artwork based on that interpretation.

Key aspects of the Service:

• Audio is captured by your browser and sent to OpenAI's Whisper API for transcription
• We discard audio immediately after receiving the transcription - we never store your audio
• Transcribed text is held temporarily in your browser and used to generate art prompts
• Generated images are stored in your personal gallery
• The Service requires a modern web browser with microphone access

3. Account Registration

To use certain features of the Service, you must create an account. When creating an account, you agree to:

• Provide accurate and complete information
• Maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

You must be at least 13 years old to create an account. If you are under 18, you must have permission from a parent or guardian.

We reserve the right to suspend or terminate accounts that violate these Terms.

4. Subscriptions and Payments

4.1 Free Tier

New users receive a limited number of free image generations. Free tier users are subject to the same Terms as paying subscribers.

4.2 Paid Subscriptions

Paid subscriptions are billed monthly through our payment processor, LemonSqueezy. By subscribing, you agree to:

• Pay the applicable subscription fees
• Provide valid payment information
• Authorize recurring charges until you cancel

4.3 Billing and Renewal

Subscriptions automatically renew at the end of each billing period unless cancelled. You will be charged the then-current rate for your subscription tier.

4.4 Cancellation

You may cancel your subscription at any time through the billing portal. Upon cancellation:

• You retain access to the Service until the end of your current billing period
• No refunds are provided for partial billing periods
• Your generated images remain accessible in your gallery

4.5 Fair Use Policy

Our "Chorus" unlimited subscription tier is subject to a fair use policy:

• The unlimited tier is intended for normal personal and business use
• The Service is only available through our web application - API access is not provided
• Automated, programmatic, or bot-driven usage is not permitted
• Reselling or redistributing the Service is prohibited
• We reserve the right to contact users with unusual usage patterns
• Accounts engaged in abuse may be subject to throttling or termination

Fair use limits may be adjusted over time. We will provide notice of any material changes to fair use limits via email before they take effect. If you have specific high-volume needs, please contact us at [email protected] to discuss options.

4.6 Price Changes

We may change subscription prices with 30 days' notice. Continued use of the Service after a price change constitutes acceptance of the new price.

4.7 Refunds

Refunds are provided at our sole discretion. If you believe you are entitled to a refund, please contact us at [email protected].

5. User Content

5.1 Your Conversations

When you use the Service, audio from your environment is captured and processed to create artwork. You represent that:

• You have the right to capture and process audio in your environment
• You have obtained any necessary consent from individuals whose voices may be captured
• You will not use the Service to process conversations where you do not have permission to do so

5.2 Responsibility

You are solely responsible for ensuring you have appropriate consent to use the Service in any environment. We are not responsible for any claims arising from your capture of audio without proper consent.

6. Generated Artwork

6.1 Ownership

Subject to these Terms, you own the rights to the images generated through your use of the Service. You may use, share, modify, and commercialize your generated images.

6.2 License to Us

By using the Service, you grant us a non-exclusive, worldwide, royalty-free license to:

• Store and display your generated images within the Service
• Use anonymized or aggregated data to improve our Service
• Feature your images in marketing materials (only with your explicit consent, such as adding images to the social media queue)

6.3 AI-Generated Content

Images are generated using artificial intelligence. While we strive for quality and appropriateness, we cannot guarantee that all generated content will meet your expectations or be free from unintended content.

6.4 No Guaranteed Uniqueness

AI image generation may occasionally produce similar results for different users. We do not guarantee that your generated images will be entirely unique.

7. Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Infringe upon the rights of others
• Generate content that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
• Attempt to circumvent usage limits or security measures
• Interfere with the operation of the Service
• Use automated means to access the Service without our permission
• Reverse engineer or attempt to extract the source code of the Service
• Resell or redistribute the Service without authorization

7.1 Prohibited Content

The Service must not be used to generate, attempt to generate, or facilitate the creation of the following types of content:

• Adult or Sexual Content: Nudity, sexually explicit imagery, pornography, or sexually suggestive content of any kind
• Violence and Gore: Graphic violence, blood, gore, injury, torture, or content depicting harm to humans or animals
• Child Safety: Any content that sexualizes, exploits, or endangers minors
• Hate and Discrimination: Content that promotes hatred, discrimination, or violence against individuals or groups based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics
• Illegal Activities: Content depicting or promoting illegal activities, including drug use, weapons violations, or criminal behavior
• Self-Harm: Content depicting, promoting, or glorifying self-harm, suicide, or eating disorders
• Deceptive Content: Deepfakes, misleading imagery intended to deceive, or content that impersonates real individuals without consent

7.2 Content Moderation

We employ multiple layers of content moderation to prevent prohibited content:

• Our AI prompt generation is instructed to avoid inappropriate content
• Our image generation providers (Google and OpenAI) have built-in safety filters that automatically reject requests for prohibited content
• We reserve the right to review, remove, or refuse to generate any content at our sole discretion

Attempting to circumvent content moderation systems through prompt manipulation, coded language, or other means is a violation of these Terms and may result in immediate account termination without refund.

7.3 Reporting Violations

If you become aware of content that violates these Terms, please report it to [email protected]. We will investigate all reports and take appropriate action.

We reserve the right to suspend or terminate accounts that violate these provisions without notice or refund.

8. Privacy and Communications

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Key privacy commitments:

• We never store audio recordings on our servers
• Transcribed text is processed momentarily and not retained
• We do not sell your personal information

8.1 How We Contact You

We will use your email address to contact you about:

• Account and authentication (magic links, security notices)
• Account status (welcome messages, credit balance, usage notifications)
• Service updates and changes that affect your use of Whisperframe
• Billing and subscription information
• Changes to our Terms, Privacy Policy, or fair use limits
• Responses to your support requests

We will not send marketing emails unless you explicitly opt in. We will never sell, rent, or share your email address with third parties for their marketing purposes.

9. Intellectual Property

9.1 Our Intellectual Property

The Service, including its design, features, and content (excluding user-generated content), is owned by us and protected by copyright, trademark, and other intellectual property laws.

9.2 Trademarks

"Whisperframe" and associated logos are our trademarks. You may not use our trademarks without prior written permission.

9.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us the right to use such feedback without compensation or attribution.

10. Third-Party Services

The Service integrates with third-party services including:

• OpenAI - For speech transcription (Whisper)
• Anthropic - For AI interpretation (Claude)
• Google - For image generation (Imagen)
• LemonSqueezy - For payment processing
• Cloudflare - For image storage and delivery
• Resend - For sending authentication and notification emails
• Plausible Analytics - For privacy-focused website analytics

Your use of the Service is also subject to the terms and policies of these third-party providers. We are not responsible for the practices of third-party services.

11. Disclaimers

11.1 "As Is" Service

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11.2 No Guarantee of Availability

We do not guarantee that the Service will be available at all times or without interruption. We may modify, suspend, or discontinue the Service at any time.

11.3 AI Limitations

AI-generated content may contain errors, inaccuracies, or unexpected results. We do not guarantee the quality, accuracy, or appropriateness of generated images.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. Indemnification

You agree to indemnify, defend, and hold harmless Whisperframe, its owner, and affiliates from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your capture or processing of audio without appropriate consent

14. Termination

14.1 Termination by You

You may terminate your account at any time by contacting us at [email protected]. Upon termination, your right to use the Service ceases.

14.2 Termination by Us

We may suspend or terminate your account at any time for any reason, including violation of these Terms. We will make reasonable efforts to notify you before termination except in cases of severe violations.

14.3 Effect of Termination

Upon termination:

• Your access to the Service will be revoked
• We may delete your account data after a reasonable period
• Provisions of these Terms that should survive termination will remain in effect

15. Dispute Resolution

15.1 Informal Resolution

Before filing a formal dispute, you agree to contact us at [email protected] and attempt to resolve the dispute informally for at least 30 days.

15.2 Governing Law

These Terms are governed by the laws of the State of Oregon, United States, without regard to conflict of law principles.

15.3 Jurisdiction

Any disputes arising from these Terms or the Service shall be resolved in the state or federal courts located in Multnomah County, Oregon, and you consent to the jurisdiction of such courts.

16. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by:

• Posting the updated Terms on our website
• Updating the "Effective Date" at the top
• Sending an email notification for significant changes

Continued use of the Service after changes constitutes acceptance of the updated Terms.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Whisperframe regarding the Service.

17.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in effect.

17.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

17.4 Assignment

You may not assign your rights under these Terms without our consent. We may assign our rights without restriction.

17.5 Force Majeure

We are not liable for any failure to perform due to causes beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, or strikes.

18. Contact Us

If you have questions about these Terms, please contact us:

Email: [email protected]

Mailing Address:
Christopher Moravec
Portland, OR
United States

19. Acknowledgment

By using Whisperframe, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.