Terms of Service

WhisperBee LLC, a Colorado limited liability company ("WhisperBee," "we," "us," or "our"), operates the WhisperBee mobile application and the web portal at whisperbee.app (collectively, the "Service"). Our registered agent of record is on file with the Colorado Secretary of State; the physical address for service of process will be provided upon written request to legal@whisperbee.app.

By accessing or using the Service, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

These Terms should be read alongside our Privacy Policy, which describes how we handle your personal data.

You must be at least 16 years old to use the Service. By using WhisperBee, you represent that you are at least 16 years of age.

If you are using the Service on behalf of a business, organization, or other legal entity, you represent that you have the authority to bind that entity to these Terms and the Privacy Policy, in which case "you" refers to both you individually and the entity.

WhisperBee is a hands-free AI beekeeping assistant that provides:

• Voice-activated inspection logging with AI-powered transcription and structured data extraction
• Offline-first data storage that synchronizes when connectivity is available
• Hive management tools including treatment and harvest tracking
• AI-generated health assessments, action items, and hive briefings
• Anonymous community intelligence aggregated by geographic region

The Service is available as a mobile application for iOS and Android, and as a web portal at whisperbee.app.

To use WhisperBee, you must create an account by signing in with your Google or Apple account. You agree to:

• Provide accurate and complete information during registration
• Maintain the security of your account credentials
• Use only one account per person
• Notify us promptly at support@whisperbee.app if you suspect unauthorized access to your account

You are responsible for all activity that occurs under your account.

WhisperBee offers a free tier and paid subscription plans. The free tier includes core features for up to two hives and is available indefinitely.

For paid subscriptions:

• All paid subscriptions are managed through the web portal at whisperbee.app via Stripe. There are no in-app purchases on iOS or Android.
• Subscriptions renew automatically at the end of each billing cycle (monthly or annual) unless you cancel before the renewal date.
• You may cancel your subscription at any time through the Stripe Customer Portal. Cancellation takes effect at the end of the current billing period.
• Refunds are handled on a case-by-case basis. Contact us at support@whisperbee.app for refund requests.
• If you initiate a chargeback or payment dispute on a subscription charge that was validly authorized, we may suspend your account and recover reasonable costs we incur responding to the dispute. We encourage you to contact us for a refund first — we almost always resolve legitimate billing issues faster than the chargeback process.
• We will provide at least 30 days' notice before any price increases. Continued use after a price change constitutes acceptance of the new pricing.
• Taxes. All fees are exclusive of applicable sales, use, value-added, or similar taxes. You are responsible for any taxes associated with your purchase of the Service, other than taxes based on WhisperBee's net income.

By using WhisperBee's voice recording features, you consent to:

• The recording of your voice when you activate the recording function
• The transmission of audio recordings to third-party AI services (OpenAI for transcription, Anthropic for data extraction) for processing
• The storage of audio recordings in your account

You acknowledge and agree that:

• You will only record your own voice or the voices of individuals who have given their consent
• You will not use the recording feature to capture conversations of others without their knowledge and consent
• You are responsible for compliance with local recording consent laws in your jurisdiction

You may delete any voice recording from your account at any time. See our Privacy Policy for details on data retention and deletion.

You own your data. All hive data you create through WhisperBee -- including inspections, treatments, harvests, notes, and voice recordings -- remains your property.

By using the Service, you grant WhisperBee a limited, non-exclusive license to store, process, and transmit your data solely for the purpose of providing the Service to you. This license includes the right to process your data through third-party AI services as described in Section 6 and our Privacy Policy.

This license terminates when you delete your account. Upon deletion, all your data will be permanently removed in accordance with our Privacy Policy.

You may export your data at any time through the web portal. We support data portability and will not hold your data hostage.

WhisperBee offers optional community intelligence features that allow beekeepers to share anonymized observations within their geographic region. By participating in community features, you agree that:

• Your location data will be anonymized to an H3 hexagonal grid cell (approximately 36 km²) before being used in community aggregations
• You will provide accurate observations to the best of your knowledge
• You will not submit false, misleading, or malicious reports
• WhisperBee may moderate, remove, or restrict community data at its discretion to maintain data quality and user safety

Community data represents the observations of individual beekeepers and is not verified by WhisperBee. You should not rely solely on community data for critical management decisions.

License to community contributions. By submitting observations or other content to community features, you grant WhisperBee a worldwide, royalty-free, non-exclusive, perpetual, irrevocable license to use, reproduce, aggregate, display, modify (for de-identification, moderation, or summarization), and distribute that content within the Service and in anonymized, aggregated form. This license does not transfer ownership of your underlying hive data, which you retain under Section 7. You represent that your contributions do not infringe the rights of any third party.

You agree not to:

• Submit false or misleading community reports, inspection data, or other content
• Reverse-engineer, decompile, or disassemble any part of the Service
• Use automated tools, bots, or scrapers to access the Service, except through official APIs
• Attempt to circumvent subscription limits or access paid features without authorization
• Use the Service in any way that violates applicable laws or regulations
• Interfere with or disrupt the Service or servers connected to it
• Attempt to gain unauthorized access to other users' accounts or data

Violation of these terms may result in suspension or termination of your account.

The Service, including its software, design, text, graphics, logos, and other content (excluding user-generated data), is the property of WhisperBee and is protected by intellectual property laws.

As stated in Section 7, you retain full ownership of all hive data, voice recordings, and other content you create using the Service. WhisperBee claims no ownership over your data.

Feedback. If you send us suggestions, ideas, improvements, or other feedback about the Service ("Feedback"), you grant WhisperBee a worldwide, royalty-free, non-exclusive, perpetual, irrevocable license to use, reproduce, modify, and incorporate your Feedback into the Service without obligation of attribution, compensation, or confidentiality. We are not required to treat Feedback as confidential.

WhisperBee is designed as an offline-first application. Core features including voice recording, inspection logging, and hive management are available without an internet connection. Data synchronization, AI processing, and community features require connectivity.

We strive to provide reliable access to our online services but do not guarantee uninterrupted availability. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

We reserve the right to modify, suspend, or discontinue any feature of the Service at any time. For material changes that affect paid functionality, we will provide reasonable advance notice.

To the maximum extent permitted by applicable law:

• WhisperBee shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service
• WhisperBee shall not be liable for any losses related to beekeeping outcomes, including but not limited to: hive losses, bee mortality, colony collapse, crop damage, reduced honey yield, or any other agricultural outcome that may be influenced by AI-generated suggestions from the Service
• Our total liability for any claims arising from or related to the Service shall not exceed the total subscription fees you have paid to WhisperBee in the twelve (12) months preceding the claim

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

Time limitation on claims. To the maximum extent permitted by applicable law, any claim or cause of action arising out of or relating to these Terms or the Service must be brought within one (1) year after the claim or cause of action arose; otherwise it is permanently barred.

You agree to indemnify, defend, and hold harmless WhisperBee and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of the Service
• Any actions taken or not taken based on AI-generated suggestions from the Service
• Your violation of these Terms
• Your violation of any rights of another person or entity

By you: You may terminate your account at any time by requesting account deletion. Upon deletion, your data will be permanently removed in accordance with our Privacy Policy. If you have an active paid subscription, cancellation of the subscription should be done separately through the Stripe Customer Portal before deleting your account.

By WhisperBee: We may suspend or terminate your account if you violate these Terms, engage in abusive behavior, or if required by law. Where possible, we will provide notice and an opportunity to cure the violation before termination.

Sections 5 (AI Disclaimer), 7 (Data Ownership), 12 (Limitation of Liability), 13 (Indemnification), 15 (Governing Law), 16 (Dispute Resolution), 17 (Export Compliance), 18 (Notices), and 19 (General Provisions) survive termination of these Terms.

These Terms and any dispute or claim arising out of or related to them are governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict-of-laws principles. This choice of law does not deprive consumers of the benefit of mandatory protections available under the laws of their country of residence.

Except for disputes subject to arbitration under Section 16, the parties agree that any judicial proceeding arising out of or related to these Terms shall be brought exclusively in the state or federal courts located in Douglas County, Colorado, and each party irrevocably consents to the personal jurisdiction and venue of those courts.

16.1 Informal Resolution

Before initiating arbitration or any judicial proceeding, you agree to attempt to resolve the dispute informally by sending written notice to legal@whisperbee.app describing the dispute and the relief you seek. If we cannot resolve the dispute within 60 days of receipt, either party may initiate arbitration.

16.2 Binding Arbitration

Any dispute arising out of or relating to these Terms, the Service, or your use of the Service that is not resolved under Section 16.1 shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by these Terms. The arbitration shall be conducted by a single arbitrator, in English, and seated in Douglas County, Colorado, or by video conference at your election. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

16.3 Class Action Waiver

You and WhisperBee agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

16.4 Exceptions

The following disputes are not subject to this Section 16:

• Claims seeking injunctive or other equitable relief for alleged infringement, misappropriation, or violation of intellectual property rights
• Small-claims court proceedings brought in the county of the claimant's residence for amounts within the jurisdictional limits of that court, provided the dispute remains on an individual, non-class basis

16.5 Opt-Out

You may opt out of this Section 16 (Dispute Resolution & Binding Arbitration) by sending written notice to legal@whisperbee.app within 30 days of first accepting these Terms. The notice must include your name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other provisions of these Terms, and disputes will be resolved under Section 15.

WhisperBee is based in the United States and the Service is hosted on US-based infrastructure. If you access the Service from outside the United States, you are responsible for compliance with applicable local laws.

You represent and warrant that: (i) you are not located in, a national or resident of, any country subject to comprehensive US sanctions (currently including Cuba, Iran, North Korea, Syria, the Crimea region, and the so-called Donetsk and Luhansk People's Republics); (ii) you are not listed on the US Specially Designated Nationals and Blocked Persons List maintained by OFAC or any other US government export-control or sanctions list; and (iii) you will not use or export the Service in violation of US export and sanctions laws.

Notices to WhisperBee. Legal notices under these Terms must be sent to legal@whisperbee.app. For notices that are required by law to be in writing or to be served on our registered agent, we will provide the current physical mailing address for WhisperBee LLC's registered agent of record with the Colorado Secretary of State upon written request to the same email address. A notice is effective on the date we confirm receipt in writing or on the date certified mail to the address we provide is delivered, whichever is earlier.

Notices to you. We may provide notice to you by email sent to the address associated with your account, by posting a notice in the Service, or by any other reasonable means. Notice is effective when sent or posted. You are responsible for keeping the email address associated with your account current.

Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and WhisperBee regarding the Service and supersede all prior agreements and understandings, whether written or oral.

Severability. If any provision of these Terms is held invalid or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, severed from these Terms, and the remaining provisions shall remain in full force and effect.

No Waiver. Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of WhisperBee to be effective.

Assignment. You may not assign or transfer these Terms or your rights under them, in whole or in part, without our prior written consent; any attempted assignment in violation of this section is void. We may assign these Terms and our rights and obligations without notice in connection with a merger, acquisition, sale of assets, corporate reorganization, or by operation of law.

Force Majeure. Neither party shall be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental actions, utility or internet outages, pandemic, or the acts or omissions of third-party service providers.

Relationship of the Parties. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and WhisperBee. Neither party has authority to bind the other.

No Third-Party Beneficiaries. These Terms do not create any rights or benefits in any person or entity other than you and WhisperBee.

Interpretation. Section headings are for convenience only and do not affect interpretation. The words "including," "such as," and "for example" are not limiting.

We may update these Terms from time to time. For material changes, we will provide at least 30 days' notice by email before the changes take effect and update the "Last updated" date at the top of this page.

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree with the changes, you should stop using the Service and delete your account.

If you have questions about these Terms, please contact us:

General support: support@whisperbee.app

Legal notices: legal@whisperbee.app (see Section 18 for formal legal notice requirements)

Mailing address: WhisperBee LLC is a Colorado limited liability company. The current physical address for service of process on our registered agent of record will be provided upon written request to legal@whisperbee.app.