Terms of Use

SeaWhispr – Terms of Use

Disclaimer: The following Terms of Use are furnished for general informational purposes and do not constitute legal advice. You should consult competent counsel to ensure compliance with all applicable laws and regulations prior to implementing any legal agreement.

1. Scope of the Agreement

These Terms of Use (the “Agreement”) govern your access to and use of the online dating services, websites and applications (collectively, the “Services”) operated by SeaWhispr (“SeaWhispr,” “we,” “us” or “our”). By accessing or using the Services, you acknowledge that you have read, understood and agree to be bound by the terms and conditions contained herein and by our Privacy Policy. We reserve the right to revise this Agreement at any time. Continued use of the Services after posting changes constitutes your acceptance of such changes.

2. Eligibility

You must be at least 18 years of age and legally capable of entering into binding contracts to register for and use the Services. By creating an account, you represent and warrant that you (i) meet this age requirement; (ii) have never been convicted of a felony or other serious offence; and (iii) are not required to register as a sex offender in any jurisdiction. Your use of the Services may be prohibited or limited by applicable law, and you agree to comply with all such laws and regulations.

3. Account Registration and Security

You may access the Services by creating an account directly or through a third‑party authentication provider (e.g., a social‑media platform). By using third‑party credentials, you authorise us to retrieve and store certain information about you, as further described in our Privacy Policy. You are responsible for maintaining the confidentiality of your login credentials and for all activities conducted under your account. If you believe that your account has been compromised, you must notify us immediately at Support@SeaWhispr.com. SeaWhispr will not be liable for any loss or damage arising from your failure to safeguard your credentials.

4. Modification, Suspension and Termination

We continually seek to improve our Services and may add, modify or remove features in our sole discretion. We may also suspend or terminate your access without notice for any breach of this Agreement or if required by law. You may close your account at any time through the in‑app settings. Please note that deleting your account will not automatically cancel any paid subscriptions; those must be cancelled through the relevant app store or payment platform. Upon termination, all licences and rights granted to you herein shall immediately cease, and you will not be entitled to any refund of fees paid unless otherwise required by law.

5. Safety and User Interactions

SeaWhispr seeks to foster a respectful environment but cannot control the conduct of users on or off the platform. You are solely responsible for your interactions with other users. Exercise caution when sharing personal or financial information and when agreeing to meet in person. We do not routinely conduct criminal background checks, though we reserve the right to do so using publicly available records and other sources at any time as permitted by law. You acknowledge that SeaWhispr is not responsible for the actions of any user and that you assume all risks associated with interacting with others.

6. Licence Granted by SeaWhispr

Subject to your continued compliance with this Agreement, SeaWhispr grants you a limited, personal, non‑exclusive, non‑transferable, revocable licence to access and use the Services for your personal, non‑commercial use. You shall not:

exploit the Services for commercial purposes without our prior written consent;

copy, alter, distribute, publicly display, or create derivative works of any copyrighted material, trade secrets or proprietary information without our prior written consent;

utilise automated scripts, bots, crawlers or other devices to access, scrape or index any portion of the Services;

upload, transmit or otherwise introduce any viruses, worms, malware or other harmful code;

reverse engineer, decompile or otherwise attempt to extract the source code of any software comprising the Services.

7. Licence Granted by You

By creating an account and uploading content (including text, photographs, audio or video), you hereby grant to SeaWhispr a worldwide, transferable, sub‑licensable, royalty‑free licence to host, store, use, reproduce, display, perform, adapt, publish, translate and distribute such content for the limited purposes of operating, developing and improving the Services. You represent and warrant that you have the necessary rights to grant this licence and that your content does not infringe, misappropriate or violate any third party’s rights. We reserve the right to monitor, remove or restrict any content that we, in our sole discretion, deem to be unlawful, offensive or otherwise inconsistent with the community guidelines. We may suspend or terminate your account for abusive behaviour toward our employees or other users.

8. Community Standards

You agree to use the Services in accordance with the following standards. You shall not:

engage in any illegal or prohibited conduct;

solicit money or defraud other users;

impersonate any person or misrepresent your identity, or post images or likenesses of another individual without their consent;

harass, stalk, intimidate, threaten or defame any person;

post or transmit content that infringes the rights of others (including intellectual‑property, privacy, publicity or contractual rights);

upload or disseminate hate speech, threats, sexually explicit or pornographic material, or content inciting violence or discrimination;

collect or solicit personal or financial information from other users for unlawful or commercial purposes;

access another user’s account or create a new account after your account has been terminated without our permission.

We reserve the right to investigate and take appropriate action against any user who violates these standards, including terminating accounts without notice and without refund. Such action may be taken even where the conduct occurs off the platform but involves individuals you have met through the Services.

9. User‑Generated Content

You acknowledge that all content posted by users is the sole responsibility of the user who posted it, and SeaWhispr does not guarantee that any content is accurate or in compliance with this Agreement. We do not undertake any obligation to monitor content but reserve the right to remove content that violates this Agreement or is otherwise objectionable. You may report content that you believe is in violation of these terms by contacting us at Support@SeaWhispr.com.

10. Purchases, Subscriptions and Virtual Items

In‑App Purchases. SeaWhispr may offer features or services for a fee, including subscriptions, through third‑party app stores. When you make an in‑app purchase, the applicable payment terms will be displayed at the point of purchase. Subscriptions automatically renew until you cancel them through the app store. Deleting your SeaWhispr account or uninstalling the application will not cancel your subscription; you must manage cancellation directly with the app store.

Online Purchases. Certain purchases may be made directly through the SeaWhispr website. You authorise us to charge your designated payment method for these purchases and any applicable taxes. We reserve the right to correct pricing or billing errors, even after payment has been requested or received. Subscriptions purchased online will renew automatically until cancelled, and you consent to us retaining your payment information to process renewal charges.

Virtual Items. We may offer non‑tangible, in‑Service features such as boosts or super‑likes (“Virtual Items”). Virtual Items constitute a limited licence right to access and use such features. No proprietary interest or ownership right in any Virtual Item is transferred to you, and Virtual Items have no real‑world monetary value. SeaWhispr may modify, regulate or remove Virtual Items at any time. Except as required by law, all sales of Virtual Items are final and non‑refundable.

Refunds. Unless otherwise required by law, all payments are non‑refundable and there are no credits or prorated refunds for partially used subscription periods. Certain jurisdictions provide statutory cooling‑off periods or other refund rights; where applicable, those rights will be honoured.

11. Dispute Resolution and Governing Law

To the extent permitted by law, any dispute or claim arising out of or relating to this Agreement or your use of the Services shall be resolved exclusively by binding arbitration administered pursuant to the applicable consumer arbitration rules. You and SeaWhispr waive the right to a jury trial and agree not to participate in any class‑action or representative proceeding. Notwithstanding the foregoing, you may bring an individual claim in a small‑claims court of competent jurisdiction. Any action to enforce an arbitration award, or if arbitration is unavailable, any litigation arising under this Agreement, shall be filed only in courts located in a jurisdiction specified by SeaWhispr, and you and SeaWhispr consent to the exclusive jurisdiction and venue of such courts. This Agreement will be governed by the laws of the jurisdiction where arbitration agreements are enforceable, excluding its conflict‑of‑laws principles.

12. Indemnification

You agree to defend, indemnify and hold harmless SeaWhispr, its affiliates and their respective officers, directors, employees and agents from and against all claims, demands, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees) arising from or relating to your access to or use of the Services, your content, your breach of this Agreement, or your infringement of any rights of a third party.

13. Miscellaneous

This Agreement, together with the Privacy Policy and any additional terms disclosed to you when you purchase or access specific features of the Services, constitutes the entire agreement between you and SeaWhispr regarding your use of the Services. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. You may not assign or otherwise transfer your rights or obligations under this Agreement without our prior written consent. Failure by SeaWhispr to enforce any provision of this Agreement shall not constitute a waiver of that provision. Your account is personal and non‑transferable, and your rights terminate upon your death. No agency, partnership, joint venture or employment relationship is created as a result of this Agreement.

FEATURED PROFILES AND INTERNAL RANKINGS

SeaWhisper Technologies Inc., a Delaware corporation, may feature, recommend, highlight, or promote certain user profiles based on internal ranking criteria, including profile completeness, activity, engagement, likes received, responsiveness, account standing, safety considerations, and other factors determined in its sole discretion.
 
 Featured profiles may appear in Top Likes, Popular Profiles, Featured Members, Recommended Profiles, or similar sections. Users may request removal from such sections by contacting Support@SeaWhispr.com.
 
 SeaWhisper Technologies Inc. reserves the right to modify or discontinue any ranking methodology or featured-profile program at any time without notice.