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. Disclaimer of Warranties; Limitation of Liability

This section is crucial as it limits our legal obligations and potential financial liability to you. Please read it carefully.

9.1. Disclaimer of Warranties

THE APP AND ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WHYZPER, ITS AFFILIATES, AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

9.2. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WHYZPER UG (HAFTUNGSBESCHRÄNKT), ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF WHYZPER EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID WHYZPER, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT WHYZPER HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

9.3. Exceptions to Limitations

The liability limitations above do not apply to:

• Damages caused by our willful misconduct or gross negligence;
• Cases of injury to life, body, or health;
• Liability under mandatory product liability laws;
• Any other liability that cannot be excluded or limited under applicable law.

9.4. Australian Consumer Law and New Zealand Consumer Guarantees

For Australian users: Nothing in these Terms excludes, restricts, or modifies any guarantee, warranty, term, condition, right, or remedy implied or imposed by the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted, or modified (“Non-Excludable Rights”). Subject to Non-Excludable Rights, Whyzper’s liability is limited to, at our option: (a) in the case of services, resupplying the services or paying the cost of having the services resupplied; or (b) in the case of goods, replacing or repairing the goods, or paying the cost of replacement or repair.

For New Zealand users: Where the Consumer Guarantees Act 1993 applies, nothing in these Terms limits or excludes any rights you may have under that Act. The guarantees and remedies available under the Consumer Guarantees Act are in addition to other rights and remedies you may have under these Terms or law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Whyzper UG (haftungsbeschränkt) and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from: (a) your User Content; (b) your use of the Services; (c) your violation of these Terms; or (d) your violation of any rights of any other person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

11. Dispute Resolution, Arbitration, and Class Action Waiver

This section applies to all users, but especially to users in the United States. It requires you to resolve disputes with us on an individual basis through arbitration.

11.1. Agreement to Arbitrate

You and Whyzper agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

11.2. Class Action Waiver

YOU AND WHYZPER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Whyzper otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

11.2.1. California Residents

If you are a California resident, you acknowledge that you have read and understand California Civil Code Section 1542, which provides:

“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

The Class Action Waiver in Section 11.2 shall be severable from the arbitration provisions in this Section 11 if it is found to be unenforceable with respect to a particular claim or category of claims.

11.3. Arbitration Rules and Location

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.

The arbitration will take place in Münster, Germany, or via remote/online proceedings at the arbitrator’s discretion, unless the parties agree otherwise. For U.S. residents, if you request it and the claim is for less than $10,000, arbitration may be conducted in the county where you reside or via telephone or video conference.

11.4. Arbitration Costs

Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. If your claim is for less than $10,000, Whyzper will reimburse you for all filing, administration, and arbitrator fees you pay if the arbitrator finds that you are the prevailing party in the arbitration.

11.5. Opt-Out Provision

You can decline this agreement to arbitrate by emailing us at info@whyzper.com within 30 days of first accepting these Terms and stating that you (include your name) decline this arbitration clause. If you opt out, all other parts of these Terms will continue to apply.

12. Copyright Policy (DMCA)

Whyzper UG (haftungsbeschränkt) respects the intellectual property rights of others and expects its users to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide our designated Copyright Agent with the following information in accordance with the Digital Millennium Copyright Act (DMCA):

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
• Identification of the copyrighted work claimed to have been infringed.
• Identification of the material that is claimed to be infringing and where it is located on the Service.
• Your contact information, including your address, telephone number, and an email address.
• A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated Copyright Agent for notice of alleged copyright infringement is:

Whyzper UG (haftungsbeschränkt)
Attn: Copyright Agent
Heisstraße 51, 48145 Münster, Germany
Email: copyright@whyzper.com

13. 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.

13.1. Survival

The following provisions shall survive termination of your account or these Terms: Sections 5 (License to Use the App), 6 (User Content), 9 (Disclaimer of Warranties; Limitation of Liability), 10 (Indemnification), 11 (Dispute Resolution), 12 (Copyright Policy), 15 (Applicable Law & Jurisdiction), 20 (Export Controls), 21 (Severability), and any other provision that by its nature should survive termination.

14. 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.

15. Applicable Law & Jurisdiction

15.1. General

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).

15.2. U.S. Residents

Notwithstanding Section 15.1, if you are a resident of the United States:

• The arbitration provisions in Section 11 shall be governed by the Federal Arbitration Act (FAA), 9 U.S.C. §§ 1-16;
• Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof;
• To the extent any claim is not subject to arbitration, such claim shall be governed by the laws of the State of Delaware, without regard to its conflict of law provisions.

15.3. Consumer Protection

Mandatory consumer-protection provisions at the user’s habitual residence remain unaffected by the choice of law provisions above.

15.4. Jurisdiction

The place of jurisdiction—where legally permissible—is Münster, Germany. Mandatory provisions on exclusive consumer jurisdictions remain unaffected.

16. 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.

17. 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 by law, we will request explicit consent.

If we make material changes to the arbitration provisions in Section 11, we will notify you and give you an opportunity to opt out of the amended arbitration provisions by following the procedure in Section 11.5.

18. Contact & Responsible Entity

Whyzper UG (haftungsbeschränkt)
Heisstraße 51
48145 Münster
Germany

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

19. 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.
• “Services” – all features, content, and functionality provided through the Whyzper app.
• “Non-Excludable Rights” – consumer rights under Australian Consumer Law or similar laws that cannot be excluded by contract.

20. Export Controls

The App and its underlying technology may be subject to export laws and regulations of the United States and other jurisdictions. You represent that:

• You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country;
• You are not listed on any U.S. Government list of prohibited or restricted parties, including the Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List;
• You will not use the App in violation of any export law or regulation of the United States or any other applicable jurisdiction.

21. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if such modification is not possible, such provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.

Specifically, if the Class Action Waiver in Section 11.2 is found to be unenforceable with respect to any particular claim or category of claims, then:

• Only that particular claim or category of claims shall proceed on a class basis;
• All other arbitration provisions shall remain in full effect;
• The opt-out provision in Section 11.5 shall remain available to all users.

22. Electronic Communications

By using the App, you consent to receive electronic communications from us, including via in-app notifications, push notifications, and email to the address you provide. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

This consent applies to:

• These Terms and Conditions and any updates thereto;
• Our Privacy Policy and any updates thereto;
• Account-related notices and updates;
• Product feature announcements;
• Service-related communications;
• Promotional communications (which you may opt out of at any time through your account settings).

You have the right to withdraw your consent to receive electronic communications by contacting us at info@whyzper.com, but doing so may limit or prevent your use of certain features of the App.

23. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us in the App, constitute the entire agreement between you and Whyzper UG (haftungsbeschränkt) concerning your use of the App and supersede any prior agreements between you and us regarding the same subject matter.

24. Assignment

You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice to you. Any attempted assignment in violation of this section shall be void. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

25. Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Whyzper UG (haftungsbeschränkt).

26. Third-Party Beneficiaries

These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations of us to any such third party.

27. Force Majeure

Whyzper shall not be liable for any failure or delay in performing its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

Effective date of these Terms and Conditions: February 2026

Last Updated: February 2026
Version: 2.0 (International Markets Edition)