Terms and Conditions
1. Scope
These Terms and Conditions govern the use of the mobile application “Whyzper”, operated by Whyzper UG (haftungsbeschränkt), Heisstraße 51, 48145 Münster, Germany.
The app is intended exclusively for adult, registered users (18+) and is available via the Apple App Store and the Google Play Store.
By downloading, installing, and using the app and by creating an account, you acknowledge and agree to these Terms and Conditions. Deviating terms do not apply unless expressly agreed by us in writing.
2. Contracting Party & In-App Purchases (Subscriptions)
The app Whyzper can be downloaded free of charge from the Apple App Store or Google Play Store. Paid content and features (e.g., subscriptions “Whyzper Spark” or “Whyzper Flame”) are offered and processed exclusively through the respective Apple or Google platforms.
The contract for paid services (including payment processing, term, auto-renewal, cancellation, and refunds) is concluded solely between you and the respective app-store operator. The app stores’ terms and policies apply.
Auto-renewal & cancellation: Subscriptions typically renew automatically unless canceled in time in your store account settings (Apple/Google). Cancellations must be made directly in your store account. Whyzper UG is not a party to the in-app purchase contract.
Right of withdrawal / refunds (EU consumers): Withdrawal rights and refunds are handled according to the app stores’ processes. Statutory withdrawal may lapse once delivery of digital content begins, depending on the store flow. The binding information shown by Apple/Google during checkout prevails.
Whyzper UG is not responsible for payments, refunds, technical issues, or disruptions relating to the app stores.
3. Description of Services
Whyzper helps couples privately and discreetly foster intimacy, communication, and closeness. Key features include:
- Preferences: select structured sexual preferences and match with your connected partner;
- “In the mood” status: signal interest in a non-committal, wordless way;
- FlowSync: receive an AI-generated story when mutual interest exists;
- Adventure Planner: collaboratively plan dates/trips; AI suggests ideas/places based on both partners’ matching wishes;
- DeepTalk (in the “Whyzper Flame” subscription): AI analysis of relationship/communication questionnaires with personalized feedback for both;
- BucketList: shared goals, notes, images, progress states and Badges/Gamification.
A free tier is available with limited features. Subscriptions (Spark/Flame) remove ads and unlock additional features.
4. Community Standards, User Obligations & Prohibited Content
You must be 18+ to use the app. You agree to use Whyzper lawfully, respectfully, and in line with these Terms. In particular, you must not:
- share or transfer your account, impersonate others, or falsify identities;
- publish or transmit unlawful, offensive, threatening, harassing, defamatory, discriminatory, pornographic, or hate/violence-promoting content, or otherwise infringe third-party rights (IP, privacy, personality rights);
- circumvent, interfere with, or test our security/technical measures (including scraping, reverse engineering);
- send spam, conduct fraud, or post advertising without our prior approval;
- upload content that may impair or disrupt the app’s operation;
- publish or commercially exploit AI-generated content (stories, DeepTalk results, Adventure Planner outputs) outside the app without our express permission;
- misuse any content/features to justify coercion, pressure, or violence against a partner or others — consent is always required.
We may suspend or delete accounts for violations and may report severe cases to authorities. Suspended/deleted accounts have no right to restoration.
5. License to Use the App (Whyzper Content)
Subject to these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable license to use the app privately on your devices.
Without our prior written consent, you may not copy, publicly display, publish, modify, adapt, distribute, sell, or otherwise commercially exploit the app or its content (including AI texts, UI/design components, data structures, media).
All rights in the software, design, features, and content remain with Whyzper UG (haftungsbeschränkt) or the respective rightsholders.
6. User Content
You represent that you own or have rights to any content you upload (e.g., text entries, notes, images for BucketList) and that it does not infringe third-party rights.
You grant Whyzper UG a non-exclusive, worldwide, royalty-free, transferable license, limited to providing, operating, and improving the app, to host, process, reproduce, display, and technically adapt such content (e.g., thumbnails, caching, backups). No commercial exploitation outside the app occurs without your express consent.
You can delete your content at any time; upon account deletion, your content is removed in line with the Privacy Policy (backups subject to technical timelines).
7. Special Terms for AI Features
Features such as FlowSync stories, DeepTalk, and the Adventure Planner use AI. Outputs are automatically generated, subjective, and for entertainment/self-reflection only.
- No claim to accuracy, completeness, or therapeutic effect; the AI does not place bookings or reservations.
- Adventure Planner suggestions are inspirational only. You must verify addresses, opening hours, prices, and availability directly with providers.
- No emergency/professional service: AI content is not medical, psychological, legal, or sexual-health advice. In emergencies, contact appropriate services.
8. Availability & Service Changes
We strive for high availability but cannot guarantee it. Maintenance, updates, and technical issues may cause temporary limitations. Features relying on third parties (e.g., OpenAI, Google Firebase/Places, app stores) may be limited or change.
We may modify, extend, or discontinue features, provided no essential contractual duties are breached. We will inform you in the app or via email about material changes and, where required, seek your consent.
9. Limitation of Liability
Your use of the app is at your own risk. Whyzper UG is liable in accordance with applicable law, provided that:
- liability is unlimited in cases of intent and gross negligence, and for damages resulting from injury to life, body, or health;
- in cases of slight negligence, we are liable only for breach of an essential contractual duty (cardinal duty) and then limited to the foreseeable damage typical for the contract.
We are not liable for third-party services/content (app stores, maps/places, AI providers, payment services); their terms apply. Product-liability laws remain unaffected.
10. Termination
You may delete your account at any time within the app; the user relationship ends upon deletion. Personal data will be handled as described in our Privacy Policy (statutory retention obligations remain unaffected).
We may suspend or permanently delete accounts for violations of these Terms, legal breaches, or misuse. No right to restoration exists.
11. Limitation Period
Claims arising from or in connection with the app are subject to statutory limitation periods. Claims for injury to life, body, or health and claims under product-liability laws are not restricted by this section.
12. Applicable Law & Jurisdiction
These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer-protection provisions at the user’s habitual residence remain unaffected.
The place of jurisdiction—where legally permissible—is Münster, Germany. Mandatory provisions on exclusive consumer jurisdictions remain unaffected.
13. Data Protection & Security
Your personal data is processed in accordance with our Privacy Policy, which you acknowledge during account creation. The Privacy Policy explains what data we collect, how we process it, your rights, and our safeguards.
By using the app, you consent to the storage, processing, and—where applicable—the analysis of data you provide, including special categories of data (e.g., sexual preferences), in accordance with the Privacy Policy.
14. Changes to these Terms
We may update these Terms due to legal/technical changes or product evolution. We will notify you in-app or via email of material changes. Continued use after such notice constitutes acceptance; where required, we will request explicit consent.
15. Contact & Responsible Entity
Whyzper UG (haftungsbeschränkt)
Heisstraße 51
48145 Münster
Germany
📧 Email: info@whyzper.com
👤 Managing Director: Moritz Pilz
16. Definitions
- “User” / “Users” – individuals who download, register, and use the Whyzper app.
- “App” – the Whyzper mobile application operated by Whyzper UG (haftungsbeschränkt).
- “Adventure Planner” – Whyzper’s feature for collaborative planning of shared experiences (formerly “Adventure Planer”).
Effective date of these Terms and Conditions: November 2025