Terms of Service

1. Beta status

WhiskrKit is currently in closed beta. During this period:

• The Service is provided as-is, without any guarantees of uptime, feature availability, or continuity.
• We reserve the right to change, suspend, or discontinue any part of the Service at any time without prior notice.
• Pricing and features may change before the general release.
• Beta access may be revoked at our discretion.

We will do our best to communicate significant changes by email, but are not obligated to do so during the beta period.

2. Your account

To use WhiskrKit, you must create an account. You are responsible for:

• Keeping your login credentials and API keys secure.
• All activity that occurs under your account.
• Ensuring that the information you provide during registration is accurate and up to date.

You must have the legal authority to enter into these terms on behalf of yourself or your organisation. If you are acting on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these terms.

If you believe your account or API keys have been compromised, notify us immediately at ue.tikrksihw@olleh .

3. Acceptable use

You may use WhiskrKit only for its intended purpose: collecting in-app feedback and survey responses from users of your own applications.

You may not:

• Resell, sublicense, or white-label WhiskrKit or any part of the Service to third parties.
• Integrate the WhiskrKit SDK into applications primarily targeting children under 13 years of age.
• Create multiple accounts or use other means to circumvent usage limits or billing.
• Use the SDK for purposes beyond in-app survey delivery, including user surveillance, behavioural profiling, or cross-app tracking.
• Use the Service in connection with any application or activity that violates applicable laws or regulations.
• Use the Service to collect, distribute, or facilitate unlawful, discriminatory, defamatory, fraudulent, or otherwise prohibited content through surveys or feedback prompts.
• Attempt to interfere with, disrupt, probe, scan, or test the security of the Service, or gain unauthorised access to any part of the infrastructure, except where explicitly permitted by applicable law.

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

4. Your data and your users' data

You retain ownership of all survey data and response data collected through your use of the Service.

By using WhiskrKit, you acknowledge that:

• You are the data controller for your end users' personal data processed through the SDK.
• You are responsible for having a lawful basis for collecting feedback from your users.
• You are responsible for disclosing the use of WhiskrKit in your own privacy policy.
• Your use of the Service must comply with applicable data protection laws, including the GDPR where applicable.

A Data Processing Agreement (DPA) governing WhiskrKit's role as a data processor is available to all customers upon request at ue.tikrksihw@ycavirp .

5. Subscription and payment

WhiskrKit is offered on a subscription basis. Pricing will be published on our website before general availability and may be updated over time.

• Subscriptions are billed in advance, either monthly or annually depending on your chosen plan.
• All fees are exclusive of VAT. Applicable taxes will be added at checkout where required.
• If a payment fails, we will notify you by email. If payment is not resolved within 14 days, your account will be suspended.
• If payment remains unresolved for 30 days after suspension, your account and associated data may be permanently deleted.
• We do not offer refunds for partial billing periods, except where required by applicable law.

During the beta period, access is provided free of charge. Any transition to paid plans will be communicated in advance.

6. Intellectual property

SDK

The WhiskrKit SDK source code is available on GitHub under the MIT Licence. The MIT Licence governs your use of the SDK source code. Nothing in these terms restricts the rights already granted to you under that licence.

Dashboard, API, and other materials

The WhiskrKit dashboard, API, documentation, and brand assets are the intellectual property of WhiskrKit and are not covered by the MIT licence.

You are granted a limited, non-exclusive, non-transferable licence to access and use the dashboard and API for the purposes described in these terms. This licence is valid for the duration of your active subscription and terminates upon account closure.

7. Availability and changes to the service

We aim to provide a reliable service but do not guarantee uninterrupted availability. We may perform maintenance, apply updates, or make changes to the Service at any time.

We reserve the right to modify or discontinue features of the Service with reasonable notice where possible, except during the beta period as described in section 1.

8. Disclaimer of warranties

To the maximum extent permitted by Dutch law, the Service is provided "as is" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that the Service will be error-free, uninterrupted, or free of security vulnerabilities.

9. Limitation of liability

To the maximum extent permitted by Dutch law:

• We are not liable for any indirect, incidental, consequential, or special damages, including lost profits or loss of data, arising from your use of the Service.
• Our total liability for direct damages arising from or related to these terms is limited to the total fees you paid to WhiskrKit in the 12 months preceding the claim.

These limitations do not apply to damages caused by our intent (opzet) or gross negligence (grove nalatigheid), or to liability that cannot be excluded under mandatory Dutch law.

10. Termination

You may terminate your account at any time by contacting us at ue.tikrksihw@olleh or through the account settings in the dashboard.

We may suspend or terminate your account if you violate these terms, fail to pay, or if we discontinue the Service. Upon termination, your access to the Service will end immediately.

Following termination, your data will be retained for no longer than 30 days to allow you to request a copy or raise a recovery request. After this period, your account data and survey response data will be permanently deleted, except where retention is required for legal or financial compliance. To request a data export before deletion, contact us at ue.tikrksihw@olleh .

11. Indemnification

You agree to indemnify and hold harmless WhiskrKit from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from your use of the Service, the content of your surveys, your violation of these terms, or your violation of any applicable law or the rights of a third party.

12. Force majeure

We are not liable for any delay or failure to perform our obligations under these terms where such delay or failure results from events beyond our reasonable control, including but not limited to internet outages, infrastructure failures by third-party providers, natural disasters, governmental actions, or other circumstances outside our reasonable control.

13. Entire agreement

These terms constitute the entire agreement between you and WhiskrKit regarding the Service and supersede any prior agreements or understandings relating to the Service.

14. Governing law and disputes

These terms are governed by Dutch law. Any disputes arising from or related to these terms will be submitted to the competent court in the Netherlands.

15. Changes to these terms

We may update these terms from time to time. If we make significant changes, we will notify you by email and update the date at the top of this page. Your continued use of the Service after such notice constitutes your acceptance of the updated terms.

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