Terms and Conditions

1. Scope

These terms and conditions apply to the use of the mobile application “Whyzper,” operated by Whyzper UG (haftungsbeschränkt) (limited liability) with its registered office at Heisstraße 51, 48145 Münster, Germany.

The app is intended exclusively for adult, registered users and is available for download from the Apple App Store and the Google Play Store.

By downloading and using the app and creating a user account, users acknowledge and agree to these terms and conditions. Deviating conditions do not apply unless we have expressly agreed to their validity in writing.

2. Contractual Partner & In-App Purchases

The app “Whyzper” can be downloaded free of charge from the Apple App Store or the Google Play Store. All paid content and features (e.g., subscriptions such as “Whyzper Spark” or “Whyzper Flame”) are offered and processed exclusively through the respective platforms of Apple or Google.

The contract for paid services (including payment processing, contract duration, cancellation terms, and any potential refunds) is concluded exclusively between the user and the respective app store operator. The terms and conditions and policies provided by the app store operator apply.

Whyzper UG is not a contractual partner for these in-app purchases and therefore assumes no responsibility for payment transactions, refunds, technical issues, or disruptions related to the app stores.

Users acknowledge that by using in-app purchases, they must also agree to the terms and conditions and payment policies of the respective app store providers (Apple, Google).

3. Description of Services

The “Whyzper” app enables a private and discreet connection between partners to promote intimacy, communication, and closeness in a modern way. The app focuses on respectful and self-determined handling of personal matters.
The main features of the app include, in particular: • The selection of sexual preferences from an extensive list and matching with the connected partner,

• The “FlowSync“ Feature which allows both partners to signal their current interest in a non-committal and silent way,
• Automatic notification with an AI-generated story as soon as mutual interest is detected,
• The optional DeepTalk feature (available with the Whyzper Flame subscription): An AI analysis of individual questionnaires related to relationship and communication topics, with personalized feedback for both partners.

The app is available in a free version with limited features. By subscribing to a paid plan (Whyzper Spark or Whyzper Flame), users gain ad-free access as well as additional features and content

4. User Obligations and Prohibited Content

The use of the “Whyzper” app is reserved exclusively for adults. By registering, you confirm that you are at least 18 years old. Users agree to use the app only in accordance with applicable laws and these terms and conditions. In particular, it is prohibited to:

• Share your account with third parties or use it jointly with others,
• Publish or transmit content that violates legal regulations, third-party rights, or good morals,
• Circumvent, manipulate, or disrupt the technical protection measures of the app,
• Distribute, store, or publish AI-generated content (e.g., stories or DeepTalk results) outside the app without express permission from Whyzper,
• Publish offensive, threatening, harassing, defamatory, or discriminatory content,
• Distribute content that violates legal regulations, third-party rights, or good morals (e.g., violence, hate speech, pornography),
• Use the app to spread spam, fraudulent content, or advertising without prior approval from Whyzper,
• Upload or distribute unlawful content that may impair or disrupt the functionality of the app,
• Use the app or its content for commercial purposes, unless expressly permitted,
• Misuse the app or the information obtained through it as a justification or pretext for any form of coercion, pressure, or violence against a partner or third parties.

In the event of a violation, Whyzper UG reserves the right to suspend or delete user accounts. In severe cases, a report may also be made to the relevant authorities. Users whose accounts have been suspended or deleted due to a violation have no right to have their access restored.

5. Usage Rights

By downloading and using the “Whyzper” app, users are granted a simple, non-transferable, and non-sublicensable right to use the app privately on their personal devices.

It is prohibited to use the app or its content – including AI-generated texts, visual elements, design components, or any other content – without the express written consent of Whyzper UG:

• to reproduce,
• to make publicly available or publish,
• to edit, modify, or develop further,
• to distribute, sell, or otherwise commercially exploit.

All rights to the software, design, features, and content of the app remain fully with Whyzper UG (haftungsbeschränkt) (limited liability) or, if applicable, with third parties from whom Whyzper has obtained corresponding usage rights.

6. Limitation of Liability and Availability

The use of the “Whyzper” app is at your own risk. Whyzper UG (haftungsbeschränkt) (limited liability) assumes no liability for the accuracy, completeness, or suitability of the provided content, including AI-generated content such as stories or DeepTalk results. This content is intended solely for entertainment and self-reflection purposes and does not constitute professional therapeutic or advisory services.

Whyzper UG also assumes no liability for the correctness of the information provided by users (e.g., sexual preferences or relationship details). Users are solely responsible for the accuracy and completeness of the information they provide.

The “FlowSync” feature is solely a communication tool between partners and does not constitute binding consent for intimacy. Users can withdraw their consent at any time. Whyzper UG assumes no liability for misunderstandings arising from the use of this feature and recommends that all parties involved behave respectfully and consensually at all times.

Whyzper UG endeavors to provide the app with minimal disruptions and high availability. However, there may be temporary limitations or interruptions, particularly due to maintenance, updates, or technical issues. There is no entitlement to uninterrupted and error-free use of the app, especially for functions that rely on third-party services (e.g., OpenAI, Google Firebase, app stores).

Furthermore, the availability of the app may be restricted in certain countries or regions, especially if legal regulations or technical issues affect the use of the app. Users are responsible for ensuring that their use of the app is legally permissible in their country or region.

Whyzper UG assumes no liability for the availability of the app or the functionality of third-party services upon which the app depends.

The liability of Whyzper UG for any other damages arising from the use of the app is limited to the amount paid for the respective contract, unless otherwise required by mandatory legal provisions.

This limitation of liability does not apply to damages caused by intent or gross negligence, or for damages resulting from injury to life, limb, or health.

7. Special Features of AI-Generated Content

Some features of the app – particularly the stories (FlowSync Feature) and the DeepTalk analyses – are based on artificial intelligence (AI).

• The content is automatically and individually generated based on the voluntarily provided data from users.
• The content consists of subjective, creative texts and makes no claim to accuracy, completeness, or therapeutic effect.
• The use of AI-generated content is at the user’s own risk. It is intended for entertainment and self-reflection purposes – not for medical, psychological, or sexual advice.

Users should note that AI-generated content does not replace professional advice on health, psychological, or legal matters and is used at their own responsibility.rechtlichen Fragen dienen und auf eigene Verantwortung genutzt werden.

8. Rights to User Content

By using the app and uploading content (e.g., texts, preferences, status updates), users grant Whyzper UG (haftungsbeschränkt) (limited liability) a non-exclusive, worldwide, transferable, royalty-free, and perpetual right to use, reproduce, modify, store, and publish such content within the framework of providing and operating the app. These rights are limited to the use of the app and do not include the right to commercially exploit the content outside the app unless explicitly authorized.

Whyzper UG commits to using this content solely for the provision and improvement of the app, and to maintaining the privacy of the users as outlined in the Privacy Policy.

9. Changes to the Terms and Conditions

Whyzper UG (haftungsbeschränkt) (limited liability) reserves the right to modify these terms and conditions at any time. Changes will be communicated to users via a notice within the app or by email. Users have the option to oppose the changes or refuse their consent, which will result in the termination of their use of the app.

Continued use of the app after notification of changes will be considered as acceptance of the modified terms and conditions. If explicit consent is required, this will be clearly indicated.

10. Termination of Use

Users can delete their user account at any time independently via the app. By deleting the account, the user agreement between the user and Whyzper UG (haftungsbeschränkt) (limited liability) ends.

In the event of deletion, all personal data will be fully and irrevocably removed in accordance with the provisions of our [Privacy Policy], except for data that must be retained for legal reasons.

Whyzper UG reserves the right to temporarily suspend or permanently delete user accounts in the event of violations of these terms and conditions, legal regulations, or misuse of the app. In such cases, there is no right to restore access.

11. Limitation Period for Claims

Claims arising from the use of the app, including those related to contracts, data protection, or liability, are subject to the statutory limitation periods. Claims for violations of life, body, or health, as well as claims under the Product Liability Act, are not subject to the limitation periods outlined in this section.

12. Applicable Law & Jurisdiction

For all legal relationships between users and Whyzper UG (haftungsbeschränkt) (limited liability), the laws of the Federal Republic of Germany apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Mandatory consumer protection regulations of the country in which the user has their habitual residence remain unaffected and continue to apply, provided they take precedence over German law. This includes, in particular, the provisions of EU consumer protection law and the German Civil Code (BGB), which protect consumers.

The place of jurisdiction for all disputes arising from or in connection with these terms and conditions is – to the extent legally permissible – Münster (Germany). Mandatory legal provisions on exclusive jurisdictions in favor of consumers remain unaffected.

13. Data Protection and Data Security

The security and protection of your personal data are important to us. The handling of your data is in accordance with our [Privacy Policy], which you acknowledge and accept when creating an account. In this Privacy Policy, you will find detailed information about what data we collect, how it is processed, what rights you have concerning your data, and how we protect your data.

By using the app, you consent to the storage, processing, and, if applicable, the analysis of the data you provide, including special categories of data (e.g., sexual preferences), in accordance with our Privacy Policy.

14. Contact & Responsible Entity

The entity responsible for the app “Whyzper” and these terms and conditions is:

Whyzper UG (haftungsbeschränkt) (limited liability)
Heisstraße 51
48145 Münster
Germany

📧 Email: info@whyzper.com
👤 Managing Director: Moritz Pilz

For questions regarding the terms and conditions or the app, you can contact us at the above contact details at any time.

15. Definitions

In these terms and conditions, the following terms are considered equivalent and without further distinction:

• “User” and “Users” refer to all individuals who download, register, and use the Whyzper app.
• “App” refers to the mobile application “Whyzper,” operated by Whyzper UG (haftungsbeschränkt) (limited liability).
• “Whyzper UG (haftungsbeschränkt) (limited liability)” refers to the company operating the app, with its registered office at Heisstraße 51, 48145 Münster, Germany.