Last revised 24.01.2018
Welcome to Whip, operated by Whip Tech AS, 922 102 163, Heggedalsbakken 41, 1389 Heggedal, Asker, Norway ("us", "we", "company" or "whip").
We may change the Agreement and the Service from time to time. We can do this for a variety of reasons, for instance to reflect legislative changes or legal requirements, new features or changes in business practices. The latest edition of this Agreement will be available in the Service under Settings and you should regularly check the latest edition, which will be the current edition. If the changes include important changes affecting your rights or obligations, we will notify you in writing by e-mail, within the Service or by other reasonable means 14 days prior to the entry into force of the changes. If you continue to use the Service after the changes have come into force, you agree to the revised Agreement. You agree that the revised Agreement shall supersede any prior agreement (except as expressly provided herein), both written and oral, express and indirect agreements. See more about changes in section 17.
2. Description of the Service
The service is an interaction app where users can meet new people. Contact with other users of the Service is created by capturing images with accompanying text that are sent to a predefined number within a predefined geolocation. The service is based on a dual choice, where both parties must accept that direct contact is established.
You must be at least 18 years of age to create an account on Whip and use the Service. By creating an account and using the Service, you confirm and warrant that:
- you can enter into a binding contract with Whip,
- you will comply with this Agreement and all applicable laws and regulations
- you have never been convicted of a crime or criminal offense by criminal law (or other offense of similar severity), a crime of criminality or any violent offense, and that you are not required to register as a sexual offender in any state federal or local sexual offender register.
4. Your account
You need to log in with your Facebook login details to use Whip. Doing so allows you to access and use your Facebook account information, including, but not limited to, your public Facebook profile and information about Facebook friends in common with other Whip users. For more information about the information we collect from you and how we use it, please read our Privacy Statement. You ensure that any information you share in the creation of your account, including information from your Facebook account, is accurate and true.
You are responsible for ensuring the confidentiality of your login activities that you use to log in to Whip, and you are solely responsible for any activity that occurs using these activities. If you believe that someone has accessed your account, please contact firstname.lastname@example.org immediately.
5. Interactions with other users
While Whip is endeavoring to encourage a respectful user experience through features such as dual choice as described in paragraph 2, Whip is not responsible for the behavior of any user in or outside the Service. Whip also does not conduct a background check of users and provides no assurances or warranties regarding their users' behavior.
You are solely responsible for your interactions with other users. You agree to be cautious in all interactions with other users, especially if you decide to communicate outside of the Service or to meet in person.
6. Your rights
Whip provides you with a personal, global, free, non-transferable, non-exclusive, revocable and non-licensable license to access and use the Service. The sole purpose of the license is for you to be able to use the Service within the permitted by the Agreement. Therefore, you agree not to:
The Company shall be able to investigate and take any legal action in response to the unlawful and / or unauthorized use of the Service, including the termination of your account, cf. section 17
All software we offer, you can automatically download and install, including upgrades, updates or other new features. You can adjust these automatic downloads through the settings in your device.
7. Intellectual Property Rights You Give Whip
By creating an account, you give Whip a global, re-licensable and unpaid license and license to host, store, use, copy, display, reproduce, customize, edit, publish, modify, and upload any information you post, shows or otherwise make available (collectively referred to as "posting") in the Service or send to other users (collectively called "Content"). Whip's license rights to your Content shall be non-exclusive, except that Whip's license shall give Whip exclusive rights to Content based on the Service and created through the use of the Service. Whip reserves the right to pursue any possible breach of copyright, including the use of your Content outside of the Service. The rights are used by Whip for the limited purpose of operating, developing, delivering and improving the Service as well as investigating and developing new services.
By submitting suggestions or submitting feedback to Whip about our Service, you agree that Whip may use and share such feedback for any purpose without compensating you.
You assure you have the right to publish the Content on the Service and assign the license described above to Whip.
8. Other rights you grant Whip
You agree that we may control the Content you publish as part of the Service. We have the right to completely or partially delete Content that violates the Agreement or may damage the Service's reputation.
If we find that your behavior against any of our client managers or other of our employees is threatening or offensive, we have the right to immediately terminate your account without prior notice.
In return for Whip allowing you to use the Service, you agree that we, our affiliates and our third parties may advertise in the Service, please refer to section 13.
By using the Service you agree that information about you and the Content you post is shared with other users.
Our processing of your personal data is governed by the applicable Personal Data Act and our Privacy Statement which can be read here.
10. Prohibited actions
By using the Service you agree that you will not:
Whip reserves the right to investigate and / or terminate your account if you have breached this Agreement, misused the Service, or behaved inappropriately or in a manner contrary to applicable law relating to the Service, cf. section 17.
11. Other Users Content
Although Whip reserves the right to control and remove any Content that violates this Agreement, including images with a sexual content, the user who publishes it is alone liable for such Content, and Whip cannot guarantee that all Content will be consistent with this Agreement. If you see Content in the Service that violates this Agreement, we request that you report it in the Service or via email@example.com.
Whip provides the service "as is" to the extent permitted by applicable law. We do not give any guarantees regarding the Service. This includes, but is not limited to, that there is no guarantee that a) the service will be uninterrupted, secure or error free, b) any defects or errors in the service will be rectified, or c) the content or information you obtain at or through the service will be accurate.
Whip does not assume any responsibility for any content you or other users or third parties publish, transmit or receive through the Service. All material downloaded or otherwise obtained through the use of the service is used at your own discretion and at your own risk.
Whip disclaims and assumes no responsibility for your or other users' behavior, inside or outside the Service.
By using the Service, you agree that the Service contains third-party advertisements and other marketing and links to other sites. Whip is not responsible for the availability of such external sites. If you access third party content made available through our Service, you are bound by these third-party terms. Whip is not obligated by any third-party terms or actions.
14. Limitation of Liability
Whip is responsible for damage caused by the company through intent or gross negligence. The same applies to cases of personal injury caused by the company negligence. Whip is responsible for company negligent breaches of key contractual obligations; such liability is limited to adequate loss of damages. With key contractual obligations, such obligations are understood as essential to the performance of the contract. All other responsibilities for Whip are excluded.
15. Data and mobile expenses
You are responsible for all mobile expenses incurred using our Service, including text messaging and data costs. If you are unsure of how large the costs will be, we encourage you to investigate with your mobile operator before using the Service.
If you change or disable the mobile number you used to create the Whip account, you must update your account information in Settings within 72 hours to avoid that we send messages to your old number.
17. Changes, Interruptions and Termination of the Service
Whip always strives to improve the service and give you more features. This means that from time to time we will add new product features or enhancements, as well as remove some features. To the extent that these measures do not materially affect your rights or obligations, we do not give you notice until we take the action. However, if the measures significantly affect your rights or obligations, we will notify you in writing by e-mail, within the Service or by other reasonable means 14 days before the changes take effect, as long as no other circumstances, e.g. security or security issues, prevents us from doing so.
We will make reasonable efforts to keep Whip operational. However, some technical difficulties or maintenance may result in temporary interference. We therefore reserve the right, at regular intervals and at any time, to cancel the Service, temporarily or permanently, in whole or in part. In the event of an interruption, we will notify you in writing by e-mail or inside the Service or by other reasonable means 14 days prior to the cancellation, as long as no other circumstances, such as security or security issues, prevents us from doing so.
You can terminate your account at any time and for any reason by following the instructions in the Service.
Whip can terminate your account at any time without notifying you if you have violated the terms of this Agreement. You can appeal a decision on termination to the Consumer Council (Forbrukerrådet), cf. section 20. After your account has been terminated, this Agreement terminates with the exception that the following provisions will continue to apply to you and Whip: Sections 5, 10-12, 14 -18. and sections 9 to 11 and 14 to 17.
18. Governing Law and Dispute
Disputes arising out of or linked to this Agreement, the Service or your relationship with Whip are governed by Norwegian law.
All claims arising out of or affiliated with this Agreement, the Service or your relationship with Whip shall be filed in the jurisdiction where you reside.
19. Your Indemnity
You agree, to the extent permitted by applicable law, to indemnify, defend and protect Whip, our affiliates and our affiliates and their and our respective executives, directors / directors, agents and employees against any complaint, claim, claim or claim , damages, losses, costs, liability, and expenses, including attorneys' fees due to, or arising out of, or in any way related to, your access to or use of the Service, your Content or breach of this Agreement.
In disputes between you and Whip you can appeal to the Consumer Council, which will process the case in writing. Read more about the right of appeal and the procedure for complaining to the Consumer Council's website: https://www.forbrukerradet.no/
21. General provisions
If any provision of this Agreement is found to be invalid, the remainder of this Agreement shall remain in full force and effect.
Whip's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of this right or provision.
You agree that your Whip account cannot be transferred to others and that all your rights to your account and its Content will terminate when you die.
No agency, partnership, joint venture, guardianship or any particular relationship or employment relationship is established as a result of this Agreement and you may not represent Whip or bind Whip in any way.
20. Contact us
If you have any questions about the Agreement, please contact Whip Customer Service by visiting www.whip-tech.io.