Terms and Conditions

Welcome to WispAudio! Please read these Terms and Conditions carefully before using the app. By downloading, installing, or using WispAudio, you agree to be bound by these Terms.

1. Acceptance of Terms - By using WispAudio, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the app.
2. Age Requirement - You must be at least 13 years old to use WispAudio. If you are under 18, you represent that you have your parent or guardian's permission to use the app. The app is not directed to children under 13, and we do not knowingly collect personal information from children under 13.
3. License Grant - Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use WispAudio for your personal, non-commercial use. This license does not include the right to: Resell or commercially use the app; Modify or create derivative works; Reverse engineer or decompile the app; Remove any copyright or proprietary notices.
4. User Responsibilities - You are solely responsible for: Ensuring you have legal rights to any content you import into the app; Complying with all applicable laws and regulations; Maintaining the security of your device and app data; Any activity that occurs through your use of the app; Backing up your audiobook files and data.
5. Prohibited Uses - You agree NOT to: Import, store, or play copyrighted content without proper authorization; Use the app for any illegal or unauthorized purpose; Reverse engineer, decompile, or disassemble the app; Remove or modify any copyright, trademark, or proprietary notices; Use the app to violate any applicable laws or regulations; Attempt to gain unauthorized access to any part of the app; Upload or transmit viruses, malware, or harmful code; Share or redistribute the app outside of official app stores. Violation may result in immediate termination of your right to use the app.
6. Intellectual Property - WispAudio and its original content, features, and functionality are owned by WispAudio and are protected by international copyright, trademark, and other intellectual property laws. You may not use our trademarks or trade dress without our prior written consent.
7. User Content & Copyright - All audiobooks and files you import remain your responsibility. We do not provide or host any content, nor do we apply digital rights management (DRM). You represent and warrant that you own or have the necessary rights to use any content you import. We reserve the right to remove access to content that violates these Terms or infringes on third-party rights.
8. File Import - The app allows you to import audiobook files from your device's local storage. If you have the Google Drive app installed on your device, you can also import files from Drive as a storage source through Android's built-in file picker. We do not directly integrate with Google Drive's API or access your Drive account. All imported files are stored in the app's private storage on your device. We do not upload your files to our servers or share them with third parties.
9. Third-Party Services - The app integrates with third-party services including Firebase (Crashlytics, Performance Monitoring, Analytics) and Google Play Services. We are not responsible for: Outages, errors, or performance issues with third-party services; Changes to third-party APIs or terms of service; Data handling practices of third-party providers; Costs or charges from third-party services. Your use of third-party services is subject to their respective terms and privacy policies.
10. NO WARRANTY - THE APP IS PROVIDED "AS-IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, 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 app will be error-free or uninterrupted; Defects will be corrected; The app is free of viruses or harmful components; Results from using the app will be accurate or reliable; The quality of audio playback will meet your expectations. YOU USE THE APP ENTIRELY AT YOUR OWN RISK.
11. LIMITATION OF LIABILITY - TO THE MAXIMUM EXTENT PERMITTED BY LAW: Our total liability to you for any damages arising from or related to the app shall not exceed the amount you paid to us in the past 12 months (which is $0 for a free app). We shall not be liable for: Loss of data, files, or audiobook progress; Playback errors, audio quality issues, or compatibility problems; Device damage, battery drain, or storage consumption; Loss of profits, revenue, or business opportunities; Indirect, incidental, consequential, special, or punitive damages; Damages from interruption of use or loss of data; Damages from third-party services (Firebase); Damages from user-imported content or copyright issues. If you are dissatisfied with the app, your sole and exclusive remedy is to discontinue using it. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
12. INDEMNIFICATION - You agree to indemnify, defend, and hold harmless WispAudio, its developers, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: Your use or misuse of the app; Your violation of these Terms; Your violation of any third-party rights, including copyright or privacy rights; Content you import, store, or play through the app; Your violation of any laws or regulations. This indemnification obligation will survive termination of these Terms.
13. Service Changes & Termination - We reserve the right to: Modify, suspend, or discontinue any part of the app at any time without notice; Terminate or suspend your access immediately for any reason, including breach of these Terms. Upon termination: Your right to use the app immediately ceases; We are not liable for any loss of data or content; Sections related to indemnification, limitation of liability, and dispute resolution survive; No refunds or compensation are provided (app is free).
14. Dispute Resolution - Before filing a claim, you agree to contact us at support@wispaudio.com to attempt informal resolution. If informal resolution fails, you agree that any dispute will be resolved through binding arbitration, NOT in court. The arbitration will be conducted under the rules of the American Arbitration Association or JAMS. You agree to bring claims only in your individual capacity and NOT as a plaintiff or class member in any class or representative action. You may bring claims in small claims court if they qualify, and either party may seek injunctive relief in court for intellectual property violations. These Terms are governed by the laws of the United States, without regard to conflict of law principles. IF YOU DO NOT AGREE TO ARBITRATION, YOU MAY OPT OUT WITHIN 30 DAYS OF FIRST USE BY EMAILING support@wispaudio.com WITH SUBJECT: "ARBITRATION OPT-OUT".
15. General Provisions - ENTIRE AGREEMENT: These Terms, together with our Privacy Policy, constitute the entire agreement between you and WispAudio. SEVERABILITY: If any provision is found unenforceable, the remaining provisions will continue in full force. WAIVER: Our failure to enforce any right does not constitute a waiver. ASSIGNMENT: You may not assign these Terms without our consent. We may assign to any affiliate or successor. NO THIRD-PARTY BENEFICIARIES: These Terms do not create any third-party beneficiary rights. FORCE MAJEURE: We are not liable for any failure due to events beyond our reasonable control.
16. Changes to Terms - We may update these Terms from time to time. Changes will be effective immediately upon posting. Your continued use of the app after changes constitutes acceptance of the updated Terms. We encourage you to review these Terms periodically. Material changes will be communicated through the app or via email if you have provided one.

Contact Us: If you have questions or comments about these Terms of Service, please contact us at support@wispaudio.com.