Terms of Service (AGB)

1. Provider, scope and conclusion of the contract

The provider of WhispaWave and your contractual partner is:

WhispaWave UG (haftungsbeschränkt)
Amsterdamer Weg 7
44269 Dortmund
Germany
Represented by the managing directors: Michail Koutchiach, Nils Löchterfeld
Register court: Amtsgericht Dortmund (Local Court of Dortmund), register number: HRB 38625
VAT identification number: DE464295825
Email: support@whispawave.de

(hereinafter “we” or “WhispaWave”)

These Terms of Service (hereinafter “Terms”) apply to all contracts for the use of the WhispaWave app and the associated services. They apply to consumers and business customers. They are aimed at users with their habitual residence or registered office in Germany, Austria or Switzerland (DACH).

By registering, you accept these Terms as binding. Your consent is stored in your account together with the date and the version of the Terms. We do not accept deviating terms of users unless we expressly agree to them in writing. Individual agreements that we make with you take precedence over these Terms (Section 305b of the German Civil Code (BGB)).

Conclusion of the contract in electronic commerce (§ 312i BGB): The contract for a free account is concluded when you complete the registration. A paid subscription via our website is concluded when you complete the order process by clicking the final payment button, which clearly indicates your obligation to pay. Before you submit the order, the order summary shows you all details (plan, price, term); you can correct input errors there at any time using the input fields and the back function of your browser. After the contract has been concluded, you receive a confirmation email with the content of the contract, these Terms and the withdrawal policy. For paid orders, the version of the Terms that you accepted at registration and that is current at the time of the order continues to apply; in the order process, we refer to these Terms again before payment. We store the contract text that applies to you (accepted version of the Terms with date) in your account; you can find the current version at https://whispawave.de/agb. The contract languages are German, English, Spanish and Russian. The English, Spanish and Russian versions are meant for users in DACH who prefer to read in one of these languages; they do not change whom these Terms are aimed at. The language in which you register or place your order applies; you can reach the versions in these languages at this address via the language switch (section 24 no. 2). We have not submitted to any specific code of conduct (Art. 246c no. 5 of the Introductory Act to the German Civil Code (EGBGB)).

Taking out a subscription in the iPhone app: In the iPhone app (section 2), you take out a subscription via Apple's App Store: you choose the plan and term in the app and confirm the purchase in Apple's purchase dialog. In this case, Apple is the seller (section 23 no. 5); you receive the purchase confirmation and the invoice from Apple. The special rules of section 23 apply to these subscriptions.

2. Description of the service

WhispaWave is an AI-powered dictation app for macOS and the iPhone. You speak — WhispaWave converts your speech into text, improves it and inserts it into the program you are currently working in.

You get the app for the iPhone (hereinafter “iPhone app”) via Apple's App Store. The iPhone app includes its own keyboard (“WhispaWave keyboard”), with which you can type and dictate in other apps. We describe the specifics of processing on the iPhone below.

How the processing works (we describe this in deliberate detail because it differs depending on the device):

• Dictation on Macs with Apple silicon (default): Speech recognition runs entirely on your device. Your audio recording does not leave your device in the process. The recognized text is then transmitted to our server infrastructure in the European Union for AI-powered improvement (removing filler words, formatting, style).
• Dictation on Intel Macs: Local speech recognition is not available on these devices. The audio recording is transmitted to our AI provider in the EU for recognition and is not stored there permanently. This is followed by the same text improvement as above.
• Dictation in the iPhone app: There is no local speech recognition on the iPhone. The audio recording is transmitted to our AI providers in the EU for recognition and is not stored there permanently. This is followed by the same text improvement as above. In the iPhone app, speech recognition therefore counts toward the allowance for cloud speech recognition (section 12.6).
• WhispaWave keyboard: Typing works without any further permission. For dictation, the keyboard needs “Full Access”, which you allow in the iOS settings. Because iOS does not allow keyboards to access the microphone, the iPhone app does the recording: the keyboard opens the iPhone app for this, and the result is then inserted into the text field. The keyboard does not transmit to us what you type with it. Only what you designate for this is transmitted for processing: with “Compose” or “Rewrite”, the text you have selected or copied and, if you turn on “Context from the text field” in the settings, up to 500 characters before the cursor when dictating (details in the Privacy Policy, sections 12 and 25).
• Recording readiness after a keyboard dictation: After a dictation via the keyboard, the iPhone app keeps the microphone ready for the time selected in the settings so that you can continue dictating without switching apps again; iOS indicates this with the orange microphone indicator. As long as you do not start a recording, nothing is stored or transmitted in the process. You decide in the settings when the readiness ends — including immediately after each dictation.
• Conversation mode (meeting notes): Records your microphone and the system audio (and thus also the voices of other participants in the conversation) and transmits the recording to the EU cloud for transcription with speaker separation. The AI creates a meeting note from the transcript. Details and your obligations: section 13.
• Conversation mode in the iPhone app: On the iPhone, Conversation mode records via the microphone — that is, all voices that the microphone picks up, for example in a conversation in person or over a loudspeaker. The recording continues when you lock your iPhone or switch apps. Details and your obligations: section 13.
• Meeting chat assistant: You can ask the AI questions about your recorded conversations — even while a recording is running. At your instruction, the AI can also edit your meeting note: it suggests changes to you, you confirm or discard them, every accepted change can be undone, and in the case of a complete revision, the original version is kept as a separate version. To answer, the assistant processes the conversation concerned (transcript and note); you can find details of the processing in the Privacy Policy. On the error-proneness of AI answers: section 3; on your responsibility: section 13.
• Translation mode: Translates your dictated text into another language using AI. Machine translations reflect the state of the art and may contain errors (section 3).
• Compose and Rewrite (Command Mode): At your instruction, the AI creates a new draft text or rephrases a text you have selected. On error-proneness: section 3 no. 8.
• Other features: text transformations, notes (Scratchpad), personal dictionary, snippets, team features with shared billing.

The AI models required for on-device processing are included in the app; a separate model download is not required. You need an internet connection for your account, text improvement, synchronization and team features.

In the iPhone app, you also need an internet connection for dictating and for Conversation mode. You do not take out Team and Team+ subscriptions in the iPhone app, and you do not manage teams there; as a member of a team, however, you also use your access on the iPhone.

We continuously develop WhispaWave further. We make changes that go beyond what is necessary to maintain conformity with the contract only for a valid reason (for example adaptation to a new technical environment or legal situation, further development of the functions, security) and at no additional cost to you. We inform you by email in good time in advance about changes that impair your ability to access or use the service in a manner that is more than minor; in this case, you can terminate the contract free of charge within 30 days of receiving the information (Section 327r of the German Civil Code (BGB)). Your statutory rights (section 19) remain unaffected.

3. Notice on AI results and translations

WhispaWave works with artificial intelligence. AI systems make mistakes — this is in their nature and cannot be completely ruled out. Therefore, the following applies:

1. Transcriptions may contain errors. Speech recognition may misunderstand, omit or add words — especially with technical terms, names, background noise or unclear pronunciation.
2. The AI text improvement may change your text. It removes filler words, formats and smooths phrasing. In rare cases, this can shift the meaning.
3. Automatically created notes and summaries (e.g. meeting notes in Conversation mode) may shorten, misweight or omit what was said. They do not replace minutes whose completeness matters.
4. Answers of the meeting chat assistant may be wrong, incomplete or inaccurately sourced. This also applies when an answer cites quotes or passages — the AI may attribute statements incorrectly or draw incorrect connections. If the AI edits a note at your instruction, check the result before you accept it: you confirm or discard every suggested change and can undo accepted changes.
5. Translations are machine-generated. They reflect the state of the art of machine translation — that is: they may contain errors, miss nuances and get technical subtleties wrong. For legally or professionally binding purposes, they do not replace a professional translation; check them before use (no. 6).
6. You must check every result before you use it. This applies in particular if you use texts professionally or in situations in which errors can have consequences (for example contracts, medical documentation, legal briefs, business emails, figures and amounts). WhispaWave is a tool to support you — responsibility for the content of the texts you use lies with you.
7. If you publish AI-generated or AI-edited texts, you yourself are responsible for complying with any statutory labeling obligations — for example under Art. 50(4) of the EU AI Act for published texts that inform the public on matters of public interest.
8. Drafts created with “Compose” and texts edited with “Rewrite” (Command Mode) are formulated by the AI itself. They may contain content that you did not mean that way, misrepresent facts or miss the desired tone. Nos. 6 and 7 apply to them in the same way.

The liability provisions in section 20 take these principles into account.

3a. Intended purpose and prohibited use (AI Act)

1. What WhispaWave is made for. WhispaWave documents what is said: it turns speech into text, captures conversations and creates notes and documents from them, also with templates. WhispaWave does not assess people and does not make decisions about individuals.

2. What is not intended and not permitted. You may not use WhispaWave or templates you create yourself to have WhispaWave assess people or make or prepare decisions about them in areas that the EU AI Act (Regulation (EU) 2024/1689) classifies as high-risk in its Annex III. This applies in particular to:

   • Employment: selection and hiring, promotion and dismissal, the assessment of performance and behavior, and the allocation of tasks based on behavior or personal traits;
   • Education and examinations: admission, the assessment of learning outcomes and exam performance, placement at an educational level and the monitoring of exams;
   • Creditworthiness: the assessment of people’s creditworthiness or credit standing;
   • Access to essential services: for example, checking entitlements to public benefits, or risk assessment and pricing in life and health insurance.

   It is also not permitted to use WhispaWave to recognize the emotions of people in the workplace or in educational institutions.

   You may still document such conversations — that is, record what was said, also organized by criteria you set. The people who lead the conversation assess and decide, not WhispaWave.

3. Your responsibility. If you use WhispaWave or a template you created yourself contrary to this intended purpose, you do so on your own responsibility. As a result, you may yourself become the provider of a high-risk AI system under the AI Act (Article 25(1)(c) of Regulation (EU) 2024/1689), with the obligations the Regulation attaches to that.
4. Our safeguards. Our templates record what was said in the conversation. They do not give people scores or grades, do not rank anyone and do not recommend decisions about a person. The AI that writes your notes reproduces assessments of a person only as someone expresses them in the conversation, and says who said it — even if a template asks for a grade, an assessment or a recommendation. If you ask the template assistant for a template you want to use to assess people, it builds a form: one section per criterion for what was said about it in the conversation, and below it an empty line for the assessment of the person leading the conversation. A human fills in this line; the AI leaves it empty. Such forms are not permitted in the community (section 16a no. 3).

4. Requirements for use

Use requires that you:

• use a compatible Mac or a compatible iPhone in accordance with the published system requirements (fully local speech recognition is only available on Macs with Apple silicon; on Intel Macs and in the iPhone app, speech recognition runs via the EU cloud — see section 2);
• have a user account with a confirmed email address;
• are at least 18 years old;
• have an internet connection for your account, text improvement and synchronization.

iPhone app: The system requirements stated in the App Store apply to the iPhone app. Dictation, Conversation mode and the AI functions of the iPhone app require an internet connection; for purchases in the App Store, you need an Apple Account.

Use by companies is permitted. Anyone who creates an account for a company warrants that they are authorized to do so.

5. User account

5.1 Registration. You register with an email address and password or by signing in with Apple, Google or Microsoft. You must confirm your email address. We do not accept disposable email addresses; privacy-friendly providers (e.g. Proton, Tutanota, iCloud) are expressly permitted. Provide truthful information and create only one account per person.

5.2 Login credentials. Keep your login credentials secret. You can additionally protect your account with two-factor authentication. If you suspect misuse, inform us at support@whispawave.de.

5.3 Account deletion by you. You can request the deletion of your account directly in the app at any time. The following then applies:

• A 30-day undo window runs, during which you can undo the deletion at any time. After that, your account is deleted permanently and irretrievably.
• If your paid subscription is still running, we point this out to you before the deletion. You then have the choice: cancel first and use the paid remaining term — or delete immediately. If you carry out the final deletion while a paid remaining term is still running, your access ends when the deletion is completed; you can then no longer use the remaining term, and we do not make a pro-rata refund. We therefore expressly point out a running remaining term to you in the deletion flow before you decide. If you undo the deletion within the 30-day window, your subscription continues unchanged; if you register again with the same email address within the paid remaining term, your entitlement to the remaining term revives. Your statutory right of withdrawal (section 11) remains unaffected.
• A subscription via the App Store does not end when your account is deleted. Apple continues to charge you until you cancel the subscription in the subscription settings of your Apple Account; we expressly point this out to you in the deletion flow. Therefore, cancel it before the deletion (section 23 no. 7). Once the deletion has been completed, we can no longer provide the services of the subscription; you request a refund of amounts that Apple charges after that from Apple (section 23 no. 11).
• If you are the owner of a team with other active members, the final deletion can only be completed after you have dissolved the team or transferred it to another member (Settings › Team). How the dissolution proceeds depends on the state of your team subscription: A team in the trial period without a running subscription is dissolved immediately (button “Disband now”); the members immediately lose access to the shared data. A team with a running subscription continues until the end of the billing period already paid for — during a trial period that is still running, until the end of that trial — and is then dissolved automatically (button “Dissolve at period end” or “Dissolve at trial end”); no further charge is made, and no pro-rata refund is made (section 8.6). In both cases we inform the members that their access is ending, and your account deletion is completed automatically after the dissolution. We expressly point out these consequences to you before the dissolution.
• Bonus months from the referral program that have not yet been redeemed lapse without replacement when the deletion is completed. We expressly point this out to you in the deletion flow. Rewards already applied to an invoice remain unaffected — details in the referral program terms.
• Statutory retention obligations (in particular for invoice data) remain unaffected — details in the Privacy Policy.

5.4 Blocking by us. In the event of serious or repeated violations of these Terms or applicable law, we may block your account. In addition, the automatic protection mechanisms of section 12 apply.

6. The Free plan and the word count

The Free plan is free of charge and includes 2,000 dictated words per weekly period on the computer and 1,000 dictated words per weekly period on the iPhone — with the same AI quality as in the paid plans. Both allowances belong to your account and share the same weekly period, but they are counted separately: dictations in the Mac app count only towards the allowance on the computer, dictations in the iPhone app only towards the allowance on the iPhone. The two allowances are not added together, and you cannot use unused words of one allowance for the other; to that extent, section 12.6 does not apply. To avoid any surprises, we explain the counting precisely:

1. The weekly period is fixed, but it is not a calendar week. It begins with your first counted dictation in the Free plan, whether on the computer or on the iPhone, applies to both allowances and lasts 7 days; the next weekly period then begins immediately, and both allowances are fully available to you again (2,000 words on the computer, 1,000 words on the iPhone). The day of the week and the time of the changeover depend on this first dictation, not on a fixed day of the week. If you switch back to the Free plan from a subscription or a trial period, a new weekly period begins with your next dictation.
2. Every dictated word is counted — also in Private Mode and with the setting “Never store”. In these cases, no dictation text is stored; only the word count and the dictation duration are recorded permanently, as numerical values (on the short-term processing of the text, see section 2 and section 16 no. 2).
3. Deleting dictations does not reduce the counter. The count serves to enforce the allowance and could otherwise be circumvented by simply deleting.
4. At 80% of the allowance, we let you know in the Mac app. Once one of the two allowances has been reached, dictation pauses where it applies (on the computer or on the iPhone) until the start of the next weekly period, the date of which the app then shows you — or you switch to a paid plan.

Conversation mode is also included in the Free plan — with a small monthly allowance (section 12.1).

7. Pro and Pro+ subscriptions, free trial period

7.1 Pro subscription. The Pro subscription is available with a monthly or annual term. “Unlimited dictation” refers to the number of words: the weekly word limit of the Free plan is removed completely, and speech recognition that runs locally on your device on Macs with Apple silicon is not limited in quantity; if speech recognition runs via the EU cloud (on Intel Macs and in the iPhone app), the allowance for cloud speech recognition applies to it. In addition, the quantified fair-use allowances from section 12.1 apply to the cloud AI functions — in normal, even intensive personal use, you will not notice them. Conversation mode is included in Pro with a monthly allowance (section 12.1); the Pro+ subscription offers a significantly expanded allowance (section 7.4).

7.2 Free trial period (14 days). You can try Pro free of charge for 14 days — without providing a payment method. The trial period ends automatically: after that, you switch back to the Free plan. No automatic obligation to pay arises — a paid subscription only begins if you actively take it out.

7.3 The trial period is available once per person. We explain this precisely as well, so that there are no false expectations:

1. The entitlement exists once per person, not once per account or device. It applies across platforms (a trial period used on another device also uses up the entitlement).
2. Deleting your account does not reset the entitlement. To prevent repeated trials via ever new accounts, we store a technical check value (a so-called hash) of your email address, from which the address itself cannot be recalculated — details in the Privacy Policy.
3. Anyone who has already been a member or owner of a team does not receive a personal trial period — not even after leaving the team. Reason: team members have already got to know the full range of Pro features in the team.
4. Persons referred via the referral program receive 30 instead of 14 days — details in section 17.4.

7.4 Pro+ subscription. Pro+ includes the full scope of services of Pro plus an expanded monthly Conversation mode allowance: currently 30 hours of conversation recording and 150 meeting notes per calendar month (section 12.1). Switching between Pro and Pro+ is possible at any time: in the case of an upgrade, we show you the amount payable before you confirm; the price difference for the current billing period is charged pro rata, and the expanded scope of services applies immediately. In the case of a downgrade, the switch takes effect at the end of the current billing period; until then, you keep the larger scope of services. If your Pro+ subscription begins with a free trial period, the trial allowance of Conversation mode (section 12.1) applies during the trial, not the full Pro+ allowance. If a payment method is stored for such a trial period, section 8.2 no. 2 applies accordingly: after the trial period ends, the paid subscription begins automatically; we remind you of this by email in good time before it ends, and you can cancel until the last day of the trial period. The withdrawal period begins with the conclusion of the contract when the trial begins — details in the withdrawal policy.

7.5 Pro and Pro+ in the iPhone app. In the iPhone app, you can take out Pro and Pro+, each with a monthly or annual term, via the App Store. The scope of services corresponds to sections 7.1 and 7.4; for speech recognition, which runs via the EU cloud in the iPhone app, the allowance for cloud speech recognition applies (section 12.6). You can also start the free trial period under sections 7.2 and 7.3 in the iPhone app; we grant it, not Apple, and it does not require a payment method. For taking out, billing, switching and canceling subscriptions via the App Store, section 23 applies.

8. Team and Team+ subscriptions, seats and team trial period

8.1 Basic principle. A team has one owner — the owner takes out the team subscription and is the sole payer. Billing is per seat (one seat = one place for one member), monthly or annually.

8.2 Team trial period — one shared clock for the whole team. A newly created team can be tried free of charge for 14 days. Important to understand:

1. The trial period belongs to the team, not to the individual member. The 14 days begin when the team is created and run out for everyone together. Anyone who joins later only uses the time remaining. Example: the team was created 7 days ago — a member joining today has exactly 7 days of the trial period left, not 14. No new personal counter starts.
2. To add members, a payment method must be stored — also during the trial period. During the trial period, it is not charged (€0). Important — and we tell you this expressly instead of hiding it: when the trial period ends, the paid team subscription begins automatically, and the stored payment method is charged the price under section 9. We remind the owner of this by email in good time before it ends. The owner can cancel or dissolve the team until the last day of the trial period — in that case, no obligation to pay arises. Without a stored payment method, the team cannot add members and is dissolved automatically when the trial period ends.
3. The team trial period is available once per person. Anyone who has used it up as a team owner does not receive a new one, even after the team has been dissolved and even after an account deletion (email check value, see section 7.3). A team newly created after that is subject to payment immediately.

8.3 Seats. Joining is only possible up to the number of seats booked. If the owner books additional seats, the difference is charged immediately on a pro-rata daily basis (during the trial period: €0). The number of seats can be reduced via the Stripe customer portal with effect from the next billing period.

8.4 Joining. You can join by personal invitation (acceptance only works with exactly the email address to which the invitation was sent), via an invitation link or — if the owner has activated this — automatically via the company email domain: anyone who registers with a matching company address then automatically becomes a member, provided a seat is free. If, when joining (or when founding a team), you already have your own Pro subscription via our website, you do not need it twice in the team: the app then offers to cancel it effective at the end of the term already paid for — you decide yourself, and you keep the paid remaining term in any case. Unused referral rewards remain available for taking out a subscription later (section 10.3). You cancel a Pro subscription via the App Store yourself in the subscription settings of your Apple Account (section 23 no. 7).

8.5 What members see of each other. All team members see each other's name, profile picture and email address. Dictionary entries and snippets that the owner has shared with the team are visible to all members — this also applies to items shared by individual members.

8.6 Leaving, removing, dissolving, transferring.

• Members can leave the team at any time; the owner can remove members. The member's personal content (dictations, notes) remains their own and stays in their account.
• Dissolving the team: A paid team subscription continues until the end of the billing period already paid for; no pro-rata refund is made. The memberships end at the end of the billing period. This also applies to a dissolution before your account deletion (section 5.3): a team with a running subscription is not ended early but continues until the end of the paid billing period (“Dissolve at period end”); only a team in the trial period without a running subscription, for which nothing has been paid, is dissolved immediately (“Disband now”).
• Transfer of ownership: The transfer does not carry over any payment relationship. The team continues via the previous owner's subscription until the end of the billing period already paid for; after that, the new owner needs their own team subscription for the team to continue. No double payment arises for the same period.

8.7 Team+. Team+ is the expanded team tier: each seat additionally includes the expanded monthly Conversation mode allowance — currently 30 hours of conversation recording and 150 meeting notes per seat and calendar month (section 12.1). The allowances apply per seat; unused allowances of several seats are not pooled. The mechanics of section 7.4 apply accordingly to switching between Team and Team+ (upgrade immediately with pro-rata charging and display of the price, downgrade at the end of the billing period). If a Team+ subscription begins with a free trial period, the rules of the team trial period apply to it (section 8.2 — including the stored payment method and the automatic start of the subscription after the trial period ends), and during the trial, the trial allowance of Conversation mode applies (section 12.1).

9. Prices and payment

The price shown to you in the order process before you complete the order applies; you can find the current price overview on our website at https://whispawave.de/preise. All prices include statutory VAT where applicable; VAT is shown on the invoice.

For subscriptions via our website, payment is made exclusively via the payment service provider Stripe. We ourselves do not receive or store any credit card or bank account details. For business customers: in the order process, you can enter your VAT identification number; it is checked automatically via the EU's VIES system. Until the check has been completed successfully, VAT may be charged.

Late payment for subscriptions via our website: If a charge fails, we do not lock you out immediately. Your access initially remains fully available for 14 days, while the payment is retried automatically and you receive payment reminders by email. If the payment ultimately fails, access to the paid features ends; your account and your data remain.

Subscriptions via the App Store: For subscriptions that you take out in the iPhone app, you pay Apple via the payment method of your Apple Account; the price shown in the App Store applies, and Apple issues the invoice. Payment, price changes and failed charges are governed by section 23 no. 5 and no. 10.

10. Term, renewal and cancellation

10.1 Term and renewal. A subscription via our website has the initial term you have chosen (one month or one year; with an annual subscription, you pay the price for the first year in advance). After the initial term has expired, it is not renewed for another fixed term, but continues for an indefinite period as a monthly subscription: from then on, billing is monthly — after an annual subscription at the then-current monthly price of your plan (section 9), after a monthly subscription unchanged. In this renewal phase, you can cancel at any time with effect from the end of the current monthly billing period (Section 309 no. 9 of the German Civil Code (BGB)); your paid month is therefore never cut short, and there is no longer a prepaid annual period that could lapse. If you want the annual advantage again after the first year, you can actively book a new annual package at any time — this does not happen automatically.

10.2 Cancellation by you. You can cancel your subscription via our website at any time: during the initial term effective at the end of that term, thereafter with effect from the end of the current monthly billing period (section 10.1) — in the Mac app, via the Stripe customer portal or via the cancellation button on our website (https://whispawave.de/kuendigen; § 312k BGB): there, you can cancel without signing in and receive a confirmation of your cancellation by email, stating the date and time of receipt. You keep full access until the end of the contract. Your cancellation always takes effect at the end of a period that has already been paid for — you can use it in full until then; there is therefore no refund. After the initial term, billing is exclusively monthly (section 10.1); your paid month is therefore never cut short. The following remain unaffected: your statutory right of withdrawal (section 11) and your statutory warranty rights (section 19).

10.3 Special case: unredeemed referral rewards. If, at the time of cancellation, you still have unused rewards from the referral program (section 17), you can choose when canceling whether the end of your contract is postponed by one billing month per reward (to the calendar day: the end of the contract moves by one month per reward to the respective monthly reference date of your subscription; if this day does not exist in a month, the last day of that month applies), so that the rewards do not go unused. You pay nothing during this time — the reward months are free of charge. If you do not choose this, your subscription ends on the regular date; unused rewards remain available to you for taking out a subscription later (section 17.2). If you cancel via our website's cancellation page (section 10.2), the cancellation always takes effect at the earliest possible date without postponement — in that case, too, unused rewards remain available for later; the choice to postpone is available to you in the Mac app. The same applies if your subscription ends in the course of joining a team or founding a team (section 8.4): it is canceled without postponement on the regular date, and unused rewards remain available to you for taking out a subscription later.

10.4 Cancellation by us. We can cancel subscriptions with ordinary notice of 30 days — effective at the earliest at the end of the billing period already paid for; paid periods are therefore never cut short. In the event of serious violations, we reserve the right to extraordinary termination; your statutory rights (sections 19 and 20) remain unaffected.

10.5 Discontinuation of the service. If we permanently discontinue WhispaWave, we will inform you at least 30 days in advance; the discontinuation takes effect for you at the earliest at the end of your billing period already paid for — paid periods are therefore never cut short. Your statutory rights (sections 19 and 20) remain unaffected.

10.6 Refunds. In certain error cases, we refund automatically and in full — for example, if a payment is received for a team that has already been dissolved or for a duplicate subscription; we inform you of this by email. Otherwise, refunds are governed by the statutory rules; contact support@whispawave.de.

10.7 Subscriptions via the App Store. For the term, renewal and cancellation of subscriptions that you have taken out via the App Store, section 23 no. 7 applies: you cancel them in the subscription settings of your Apple Account; a postponement of the end of the contract under section 10.3 does not exist for them. Your statutory rights remain unaffected.

11. Right of withdrawal for consumers

Consumers have a statutory right of withdrawal for distance contracts. You can find the complete withdrawal policy with the model withdrawal form at https://whispawave.de/widerruf and in the order process. The key points in brief:

• The withdrawal period is 14 days from the conclusion of the contract.
• You can also exercise your right of withdrawal online at https://whispawave.de/en/widerrufen. If you use this online feature, we will send you an acknowledgement of receipt of the withdrawal on a durable medium (e.g. by email), including its content and the date and time of its submission, without undue delay.
• Because WhispaWave provides you with the service immediately, when you order via our website we ask you in the order process for your express request that we begin the service before the withdrawal period expires — and for your confirmation that you know that, if you withdraw later, you owe a proportionate amount for the service provided up to the withdrawal (Section 357a(2) of the German Civil Code (BGB)). Your right of withdrawal continues to exist despite the early start and does not lapse.
• The free Pro trial period without a payment method does not trigger any obligation to pay; the right of withdrawal relates to taking out the paid subscription.
• For the team subscription, the withdrawal period begins when the team is created (the conclusion of the contract with a stored payment method) — not only with the first charge after the trial period. Details in the withdrawal policy.
• Purchases via the App Store: For subscriptions that you take out in the iPhone app, section 23 no. 11 applies in addition: Apple is the seller, and payments to Apple are refunded via Apple.

12. Fair use, allowances and protection against abuse

We calculate WhispaWave in such a way that normal — even intensive — personal use is possible without noticeable limits. So that this works for everyone, we protect the service against exploitation. We disclose this openly:

12.1 Fair-use allowances. For the cloud AI functions (e.g. text improvement, cloud speech recognition, Conversation mode including the meeting chat assistant, translation), there are generously sized daily allowances per plan that are continuously replenished, as well as a daily cost cap per account. For Conversation mode, a monthly allowance also applies for conversation hours and meeting notes, the amount of which depends on your plan (for team plans, per seat). The monthly period is the calendar month (Central European Time is authoritative): the monthly allowance is available to you anew and in full at the beginning of each calendar month; unlike the daily allowances, it is not continuously replenished, and unused portions are not carried over to the following month. Pro+ and Team+ include the expanded monthly allowance (sections 7.4 and 8.7). During the free trial period, a separate trial allowance applies to Conversation mode (currently 5 hours and 30 meeting notes per calendar month) — even if a Pro+ or Team+ subscription begins with a trial period. We publish the allowance values applicable at any given time for each plan — daily and monthly, including the daily cost cap, stated as usable request or minute equivalents — at https://whispawave.de/fair-use, so that you can look up at any time what “generous” means in concrete terms. A reduction of these values is a change to our main service: it only takes effect if you actively agree to it (section 21.1) — never through silence. If you reach an allowance, the function concerned pauses temporarily and is available again shortly afterwards — for the monthly allowance of Conversation mode, at the beginning of the next calendar month. With normal personal use, you will not reach these limits. Note for teams: the allowances apply per member and may differ in amount from those of the Pro subscription (also stated at https://whispawave.de/fair-use).

12.2 Automatic abuse detection. We continuously and automatically calculate an internal risk score per account — exclusively from technical usage signals, without analyzing your content. Signals include, for example: the simultaneous use of an account on an unusually large number of installations (indication of prohibited account sharing), machine-like rapid sequences of requests (indication of automated use) and extreme amounts of audio per day.

12.3 Graduated consequences. Depending on the risk level, we can automatically: slightly delay requests → temporarily reduce allowances → require you to sign in again → block the account for the AI functions and refer you to support. We use these measures at our reasonable discretion and only to the extent necessary to protect the service.

12.4 Your rights in this context. You can have any block reviewed by us: contact us at support@whispawave.de — a human will look at the case. In addition, risk scores decrease again automatically when the conspicuous behavior ends.

12.5 Contractual consequence. Account sharing, automated mass use and the circumvention of allowances or protection mechanisms are breaches of contract and entitle us to the measures under 12.3 and, in serious cases, to cancellation (section 10.4).

12.6 Allowances in the iPhone app. The allowances apply per account and across devices: what you use in the iPhone app and in the Mac app counts together. Because speech recognition in the iPhone app always runs via the EU cloud, dictations there count toward the allowance for cloud speech recognition.

13. Conversation mode — your responsibility for recordings

In the Mac app, Conversation mode records your microphone and the system audio. In video conferences or phone calls, it therefore also captures the voices of the other participants. In the iPhone app, it records everything that the microphone picks up (no. 7).

1. You are responsible for the lawfulness of your recordings. Obtain the consent of all participants in the conversation before every recording. Secretly recording privately spoken words is a criminal offense in Germany (Section 201 of the German Criminal Code (StGB)); comparable rules apply in Austria and Switzerland. If you use Conversation mode professionally or for business purposes with personal data of third parties, also observe section 16 no. 5 (processing on your behalf).
2. The recording is transmitted to our AI provider in the EU for transcription with speaker separation and is not stored there permanently; we do not store the audio recording on our servers. The resulting text transcript remains on your device and is only stored in your account if the storage location “In the cloud (all devices)” applies to your conversations: in the Mac app, preset for new installations since version 1.0.8; in the iPhone app, only if you choose it (details in the Privacy Policy, sections 11 and 25).
3. You indemnify us against claims of third parties that are based on your having made or used a recording unlawfully — to the extent that you are responsible for this violation. The indemnity covers the reasonable costs of legal defense and is limited to the extent of your statutory liability.
4. The meeting chat assistant does not change this. Even for content that you retrieve from a recording, have edited or reuse with the meeting chat assistant, you remain responsible for the lawfulness of the underlying recording and for the use of the results (no. 1; section 3 no. 6).
5. Disclosures initiated by you. If you yourself pass on conversation content, notes or content created from them to third parties, you are responsible for this disclosure — check beforehand whether the content contains information about other people and whether you are allowed to pass it on.
6. Use in relation to employees. If you use WhispaWave in your company in relation to employees, you are also responsible for complying with participation rights under employment law — in particular the works council's right of co-determination under Section 87(1) no. 6 of the German Works Constitution Act (BetrVG) (meeting recording tools can be technical devices of this kind that are suitable for monitoring behavior or performance; according to case law, objective suitability is sufficient, an intention to monitor is not required) — as well as for informing your employees (Section 26 of the German Federal Data Protection Act (BDSG)).
7. Conversation mode on the iPhone. In the iPhone app, Conversation mode does not record the system audio, but everything that the microphone of your iPhone picks up — even when the screen is locked (section 2). Nos. 1 to 6 apply there as well: obtain the consent of everyone involved even if you are in the same room or the conversation is running over a loudspeaker.

14. Obligations of use

In particular, the following is not permitted:

• passing on your login credentials or the shared use of an account by several people;
• the automated or excessive use of the AI functions outside their intended use, as well as any attempt to circumvent allowances or protection mechanisms (section 12);
• using the service to create or distribute unlawful content;
• unlawful recordings of conversations (section 13);
• use contrary to the intended purpose (section 3a);
• decompiling, modifying or circumventing the software, unless exceptionally permitted by law (Sections 69d and 69e of the German Copyright Act (UrhG)).

15. Rights to use the software

All rights to the software, the trademarks and other components of WhispaWave belong to us or are licensed to us. With your plan, you receive a non-exclusive, non-transferable, non-sublicensable right to use WhispaWave for your own purposes — with the Free plan for the duration of its provision, with subscriptions for the duration of the active subscription. There is no tie to a single device; instead, the prohibition of account sharing and the fair-use rules apply (section 12).

16. Your content and data

1. Your texts belong to you. We claim no rights whatsoever to your dictations, transcripts, notes, dictionaries and snippets. This also applies to the AI results generated with WhispaWave (for example improved texts, meeting notes, translations and chat answers): to the extent that any rights arise in such results at all, they belong to you; with respect to any rights of our own in them, we hereby grant you an exclusive, transferable right of use that is unlimited in time and territory (to the extent that rights are transferable by their nature, we transfer them to you). We do not use your content to train AI models and do not pass it on for advertising purposes; the training exclusion applies in all plans — including the Free plan at no charge and the trial period — and also extends to our AI providers (details and the state of the evidence: section 5 of the Privacy Policy).
2. You decide how your dictations are stored: “Keep permanently”, “Auto-delete (24 h)” (default — your dictation disappears from your history in the first nightly deletion run after it is 24 hours old, i.e. after 24 to 48 hours, and is permanently deleted from our servers about 30 days later) or “Never store” (your dictation is not stored anywhere — neither in the history nor in your account; however, the short-term processing of the text for AI text improvement via our EU servers under section 2 also takes place here — on our servers, the text is then discarded, and no permanent storage takes place at our AI provider). Details in the Privacy Policy.
3. Counters remain: The word and duration counters recorded for allowances and the referral program are not reduced by deleting dictations (section 6 no. 3).
4. Backup and export: You can export your data at any time in the Mac app as a machine-readable file (for the iPhone app, see no. 6). You are yourself responsible for any backups beyond this; after a final account deletion, we cannot restore anything.
5. Professional use with third-party data (processing on your behalf). If you use WhispaWave to process personal data of third parties in the course of a professional or business activity (in particular in Conversation mode or in dictations with patient, client or customer data), our data processing agreement (AVV) applies in addition as an annex to these Terms; you can find it at https://whispawave.de/avv-vertrag (in German). For processing on your behalf, it takes precedence over these Terms (§ 11 of the agreement). It does not apply to purely private use.
6. Export when using the iPhone app. As long as the iPhone app does not yet offer the export under no. 4 itself, we provide it to you on request to support@whispawave.de — in the same machine-readable format and free of charge. In the Mac app, you can start the export yourself at any time.

16a. Community templates

This section applies once the community is available in your app; until then, it has no scope of application.

1. What the community is. In the community, you share templates for meeting notes with everyone who uses WhispaWave. You can view other people’s templates and add them to your library. A template you add is your private copy: you can adapt it, but you cannot publish it in the community yourself.
2. When you publish a template. You only publish templates that you created yourself or are allowed to publish. You allow everyone who uses WhispaWave to view your template, add it to their library, adapt it and use it for their own notes. This permission is free of charge and applies to copies already added without time limit, even if you later withdraw the template. You allow us to store the template for this purpose and to display it in the community. When publishing, you decide whether your name appears with the template; without a name, it appears anonymously. You can withdraw a template at any time: it then disappears from the community; copies that others have already added stay with them.

3. Community templates – What isn’t allowed

   Templates are not allowed in the community if they

   • contain personal data, such as real names, email addresses, phone or account numbers, postal addresses or dates of birth — not even in examples. Use placeholders such as [Name] instead;
   • contain advertising or serve as spam, such as references to products, services or websites, or many identical templates;
   • take over other people’s content without permission, such as third-party texts, forms or protected templates;
   • are identical, without changes, to a template by the WhispaWave team;
   • are misleading, for example through false information about their purpose or field, or through the promise that they fulfill legal obligations;
   • are offensive, discriminatory, glorify violence or are sexually offensive;
   • assess people or prepare decisions about them, for example with scores, grades, rankings or recommendations in recruitment, in employment, in school and examinations or on creditworthiness (section 3a);
   • do not help others, for example because sections are empty or do not describe what belongs in them;
   • otherwise violate applicable law.

4. How we review. Before you can publish, WhispaWave automatically checks your template for typical personal details, for example email addresses, phone and account numbers, postal addresses, names with a form of address and dates of birth. This check works with fixed patterns, without AI. You remove marked passages or replace them with a placeholder; until then the template cannot be published. When publishing, you also confirm that the template contains no personal data and may appear publicly.

   After that, a member of our team reviews every template before it appears in the community and approves or rejects it. At most ten of your templates can be waiting for review at the same time.

   If a template that is already in the community violates these rules or applicable law, we hide it or remove it from the community. Anyone who has already added it keeps their own copy. You can revise a rejected, hidden or removed template and submit it again.

   We apply these rules carefully, objectively and proportionately, respecting the rights of everyone involved, including freedom of expression.

5. Reporting templates. If you consider a template in the community unlawful or a violation of these rules, report it in the app via “Report template”. Choose a reason — personal data, inappropriate content, advertising or spam, copyright infringement, misleading content or another reason — and briefly describe what we should look at. For unlawful content, it helps us if you say which provision the template violates. By submitting, you confirm that your information is correct and complete to the best of your knowledge. You report via your account; the person who published the template does not learn who reported it. We confirm receipt of your report immediately in the app.

   As long as your report on a template is open, you cannot report it again. To prevent misuse of the reporting function, you can submit up to 20 reports within 24 hours.

   You don’t have a WhispaWave account? Then write to us at support@whispawave.de. Identify the template as precisely as possible (title and, if possible, field), explain why it is unlawful or violates these rules, and give your name and email address. Also confirm that your information is correct and complete to the best of your knowledge. We confirm receipt and inform you of our decision by email.

6. Community templates – Automatic hiding

   For certain reports, we automatically hide a template from the community even before we have reviewed it:

   • if someone reports it for personal data, or
   • if three different people report it, for whatever reason, before we have reviewed these reports.

   This way, possible violations — above all personal data — do not stay visible while the review is ongoing. Automatic hiding is provisional and happens without review by a human. A member of our team then reviews the template: either it appears in the community again, or we remove it.

7. How we inform you.

   If you reported: We review every report and tell you in your notifications in the app how we decided: whether we removed the template, whether it stays in the community or whether it has since been withdrawn. If it was hidden automatically before our review, this is stated. We do not tell you who published the template.

   If you published: If we reject your template, hide it or remove it from the community, you receive a notification in the app — also in the case of automatic hiding. The template in your library then shows the statement of reasons:

   • what the decision means and how long it applies,
   • the basis: a violation of applicable law (we name the provision in the review notice) or the rule of these Terms that the template violates,
   • the occasion: reports or our own review,
   • whether the decision was automatic or made by a human, and when,
   • the facts we rely on,
   • how you can object.

   We do not tell you who reported the template.

8. Objection. If you disagree with a decision — whether you reported or published — write to us at support@whispawave.de or choose “Object to the decision” in the app. A member of our team looks at the decision again and replies to you. Independently of this, you can turn to the competent courts at any time.
9. Withdrawing templates and deleting your account. If you withdraw a template or delete your account, we close open reports on your templates. Anyone who reported learns that the template was withdrawn.
10. Contact and notices to authorities. For questions about the community and our decisions, you can reach us at support@whispawave.de; real people answer there. If we become aware of content that indicates a criminal offense threatening the life or safety of people, we inform the competent authorities.

17. Referral program

With the referral program, you can recommend WhispaWave to others and receive rewards for doing so. To keep everything fair, clear rules apply:

17.1 Participation. Any person of legal age with an active WhispaWave account can participate, via the personal referral link in the “Refer” area of the Mac app or “Invite friends” in the iPhone app. You send invitations yourself, for example from your own email program or via the share function of your iPhone — we do not send any invitation emails in your name.

17.2 Your reward as the referring person. You receive one free month of Pro (with a paid subscription via our website, as a credit in the amount of the current Pro monthly price under section 9 including VAT; with an annual subscription, the credit is applied to your next invoice) as soon as your referral becomes effective. It becomes effective when the referred person has either dictated a total of 1,500 words or taken out a paid Pro subscription — whichever occurs first. A mere trial period of the referred person is not sufficient. If you do not currently have a paid subscription, your free Pro month begins immediately, without you having to provide a payment method; if your free trial period or a free Pro month is currently running, it follows on at its end. If the reward cannot be redeemed immediately — for example with a subscription via the App Store (section 17.7) — we keep it for you; it does not lapse as long as your account exists (on account deletion, see section 5.3; a cash payout is excluded).

17.3 Cap: 12 rewards per person. The reward is limited to a total of 12 concurrently granted rewards per person. This limit protects the program against commercial exploitation and fraud patterns — a referral program is a thank-you among real users, not a sales channel. If a reward is reversed (17.5), the place becomes free again. Your referral link continues to work beyond the limit — referred persons then still receive their benefit (17.4), just without an additional reward for you.

17.4 Benefit for the referred person: 30 instead of 14 days of trial period. Anyone who comes to WhispaWave via a referral link receives a free trial period extended to 30 days. In detail: if the referred person signs up directly via the link, their first Pro trial starts with 30 days — in the app without a payment method or, without a previous trial, as the trial period of their first Pro subscription. If the referral is only attributed after their regular 14-day trial period is already running (this is only possible within 72 hours of registration), we extend it to a total of 30 days from its start and tell them so in the app. A trial period that has already expired is not revived by a referral; if the referred person has already booked their subscription with binding effect, the benefit is likewise no longer applied — we inform them of both in the app. If they expressly start the paid subscription immediately during the trial, the remaining trial days, including the gifted ones, lapse without replacement; instead, they can use the trial until its regular end (section 7). The benefit applies once and until 180 days after the referral is attributed (the point in time at which the invited person's account is linked to the referral, usually the day of registration).

17.5 Withdrawal and reversal. If the referred person withdraws from their purchase within the 14-day withdrawal period or, within 14 days after your reward was granted, requests the deletion of their account and this deletion is subsequently completed, the reward granted for it is reversed on your side. If the person undoes the deletion request, your reward remains unaffected. After this period has expired, your reward remains in place.

17.6 Abuse. The following are excluded in particular: self-referral (your own secondary accounts), mutual ring referrals, automatically generated sign-ups and any form of simulating genuine use. For the abuse check, we analyze technical usage signals (details in the Privacy Policy). In the event of abuse, we can refuse or reverse rewards and exclude participants from the program.

17.7 Rewards with a subscription via the App Store. If your Pro or Pro+ subscription runs via the App Store, Apple handles the billing; we therefore cannot apply your reward under section 17.2 to this billing. It remains available to you, does not lapse as long as your account exists (on account deletion, see section 5.3), and is applied to a subscription that you take out via our website.

18. Availability

We strive for high availability but do not commit to any particular availability rate. The cloud functions depend on the availability of our European infrastructure and AI partners. We announce maintenance work in advance where possible. Local speech recognition on Macs with Apple silicon also works without an internet connection; text improvement, synchronization and team features do not.

In the iPhone app, dictation, Conversation mode and the AI functions only work with an internet connection; typing with the WhispaWave keyboard also works without one. Apple is responsible for the availability of the App Store and the processing of purchases there.

19. Warranty

The statutory warranty rights apply to the provision of digital products (Sections 327 et seq. of the German Civil Code (BGB)). During the relevant period, we provide you with the updates that are necessary to maintain conformity with the contract — in particular security updates (§ 327f BGB) — and inform you about them: in the Mac app via the built-in update function, for the iPhone app via the App Store. If you do not install an update provided within a reasonable period, even though we have informed you about the update and the consequences of failing to install it, we are not liable for a lack of conformity that results solely from the absence of this update (§ 327f(2) BGB).

You determine in the settings of your iPhone whether iOS installs updates of the iPhone app automatically.

20. Liability

1. We are liable without limitation for intent and gross negligence, for damage resulting from injury to life, body or health, under the German Product Liability Act (Produkthaftungsgesetz), to the extent of a guarantee we have assumed, and in the case of defects that were fraudulently concealed.
2. In the case of slight negligence, we are only liable for the breach of material contractual obligations (obligations whose fulfillment makes the performance of the contract possible in the first place and on whose observance you may regularly rely — in particular the provision of the dictation and cloud AI functions and the secure retention of your stored content) — limited to the foreseeable damage typical for this type of contract.
3. Without prejudice to sections 20.1 and 20.2, our liability is otherwise excluded. In particular, we are not liable for damage that arises because you use AI results (transcriptions, text improvements, translations, automatically created notes, answers of the meeting chat assistant and AI-edited notes) without checking them (section 3). In the event of data loss, we are liable in accordance with sections 20.1 and 20.2; if you have failed to make reasonable backups of your own (section 16 no. 4), this may be taken into account as contributory negligence (Section 254 of the German Civil Code (BGB)) — no further exclusion is associated with this.
4. The limitations of liability also apply to our legal representatives and vicarious agents.
5. Section 20.3 sentence 2 applies accordingly to texts that you generate with “Compose” or “Rewrite” (section 3 no. 8).

21. Changes to these Terms

1. What we may change in this way — and what not. We may amend these Terms with effect for the future if there is a valid reason for doing so (for example changes in legislation or case law, new functions, changed technical or operational conditions) and the change does not shift the balance between performance and consideration to your disadvantage. Changes to the main performance obligations and to the prices are excluded from this mechanism — such changes only take effect if you actively agree to them.
2. Announcement and deemed consent. We announce changes to you by email at least six weeks before they take effect. If you do not object by the time they take effect, the amended Terms are deemed accepted — in the announcement, we separately and expressly point out the change, your right to object, the deadline and the significance of your silence.
3. Your special right of cancellation. Until the change takes effect, you can cancel the contractual relationship free of charge as of the time the change takes effect; we point this out in the announcement. If a billing period that has already been paid for is still running at that time, you do not have to cancel in order to escape the change: you can object instead (no. 4) — your contract then continues on the previous terms, and nothing you have paid for is lost.
4. In the event of an objection. If you object to the change, your contract continues on the previous terms; we can then cancel it with ordinary notice under section 10.4 (effective at the earliest at the end of the billing period already paid for). The version of the Terms accepted in each case is documented in your account.

22. Switching providers and data transfer

1. Your right to switch. You can switch to another provider or to your own IT environment at any time. You can send us a switching request at any time (support@whispawave.de) — or you simply carry out the switch yourself by exporting your data (no. 2) and canceling (section 10). Switching requests and data export are possible at any time, regardless of terms. The notice periods of section 10 apply to the termination of your contract; in the renewal phase (monthly subscription, section 10.1), you can cancel at any time effective at the end of the current monthly billing period and thus remain well below the statutory maximum period of two months.
2. Export in a machine-readable format. You can download your exportable data — in particular your content under section 16 — at any time directly in the Mac app in a structured, commonly used and machine-readable format (section 16 no. 4; for the iPhone app, see no. 6); the export covers this data in full. We do not charge any fee for the export and the switch.
3. Transition and support. If you need our cooperation for a switch, we support the transfer of your exportable data within a maximum of 30 days after your switching request. If, in exceptional cases, this is technically not feasible, we inform you and name an alternative period — but no more than seven months. Throughout the entire transitional period, we continue to provide our services under the contract unchanged.
4. Retrieval after the end of the contract. If your paid subscription ends, your account and your data remain (you switch to the Free plan) — you can continue to retrieve and export them. If you end the contractual relationship completely by deleting your account, you can retrieve and export your data until the final deletion is completed — at least during the 30-day window of section 5.3.
5. Deletion after the end of the contractual relationship. Once the account deletion has been completed, we permanently delete your exportable data (section 5.3); statutory retention obligations remain unaffected. Details in the Privacy Policy.
6. Use only in the iPhone app. If you only use WhispaWave in the iPhone app, you receive the export under no. 2 via section 16 no. 6.

23. Purchases via app stores

This section applies to purchases via the Apple App Store in the iPhone app. For purchases via Google Play, it only applies once a WhispaWave app with in-app purchases via Google Play has been published; until then, it has no scope of application in this respect.

1. Contractual partner and purchase processing. Even with a purchase via an app store, we remain your contractual partner for the WhispaWave services. The purchase processing (order process, payment, invoicing) is handled by the respective store operator (Apple or Google) on the terms displayed there.
2. Prices in the store. The price shown in the store applies. Store prices may differ from the prices on our website (among other things because of the stores' fee models).
3. Cancellation and withdrawal for store subscriptions. You cancel a subscription taken out via a store in the subscription management of the respective store. Your statutory right of withdrawal remains unaffected; you can also declare your withdrawal to us (section 11). Payments that you have made to the store operator are reversed via the store operator; our support (support@whispawave.de) will help you with this at any time. Our website cancellation flow (section 10.2) does not apply to store subscriptions because these contracts are not concluded via our website.
4. Duplicate subscriptions (conflict rule). There is only ever one active paid subscription of the same type of service per account. If a subscription taken out via our website already exists, an additional store purchase is not activated as a second subscription; we inform you, and the store purchase must be ended or refunded via the store. No double obligation to pay arises for the same service for the same period. If the refund via the store does not succeed, we refund you the amount attributable to us for the period paid twice or offset it — to do so, contact us at support@whispawave.de.
5. Seller in the App Store. Subscriptions that you take out in the iPhone app are sold to you by Apple Distribution International Ltd., Hollyhill Industrial Estate, Hollyhill, Cork, Ireland (hereinafter “Apple”), in its own name and for our account. For purchase, payment and invoice, the Apple Media Services Terms and Conditions additionally apply in the version for the country of your App Store (for Germany (in German), Austria (in German) and Switzerland (in German)); these Terms apply to the use of WhispaWave (no. 1). Apple is not a party to these Terms. Your statutory rights against Apple as the seller remain unaffected.
6. Subscriptions in the iPhone app. In the iPhone app, we offer Pro and Pro+, each with a monthly or annual term, as auto-renewable subscriptions; you cannot take out Team and Team+ subscriptions there. Before the purchase, the app shows you the plan, the term, the price that Apple charges and the automatic renewal; you confirm the purchase in Apple's purchase dialog. The subscription applies to the WhispaWave account with which you are signed in at the time of purchase, and thus on all devices on which you use this account. A subscription shared via Apple's Family Sharing does not unlock any paid features in WhispaWave; each account needs its own subscription.
7. Term, renewal and cancellation. A subscription via the App Store renews for the chosen term in each case — one month or one year — until you cancel it; there is no switch to a monthly subscription under section 10.1. You can cancel at any time in the subscription settings of your Apple Account: on the iPhone under “Settings” › your name › “Subscriptions”, or in the iPhone app under “Billing” › “Manage subscription”. The cancellation takes effect at the end of the current billing period; until then, you keep full access. So that the next renewal is no longer charged, cancel at least 24 hours before the end of the current billing period, because Apple charges no earlier than 24 hours beforehand. In the German App Store, under Apple's current terms, you can also end a subscription at any time with immediate effect via Apple Support and then receive a pro-rata refund.
8. Switching between subscriptions. For switches between Pro and Pro+ and between monthly and annual terms, Apple's rules apply to subscriptions via the App Store instead of the switching rules in section 7.4. For this purpose, the four subscriptions are ranked in this order, starting with the highest: Pro+ annual, Pro+ monthly, Pro annual, Pro monthly. If you switch to a higher-ranked subscription — for example from Pro to Pro+ — the switch takes effect immediately: Apple charges the price of the new subscription and refunds you the unused part of the previous subscription pro rata. If you switch to a lower-ranked subscription — for example from Pro+ to Pro — the switch takes effect from the end of the current billing period; until then, you keep the previous scope of services. You make such a switch in the subscription settings of your Apple Account.
9. Free trial period and free Pro month. We, not Apple, grant the free trial period under sections 7.2 and 7.3 and a free Pro month from the referral program (section 17); the App Store does not offer a trial period of its own for our subscriptions. A subscription via the App Store always begins immediately: if you take it out during such a free period, that period ends, Apple charges you on the same day, and the remaining free days lapse. If you want to use them, take out the subscription only after the free period has ended.
10. Payment, price changes and failed charges. Apple charges the price via the payment method of your Apple Account. We only increase the price of a running App Store subscription with your consent (section 21.1): either your subscription keeps its previous price, or Apple asks you for your consent to the new price before the next renewal date. If you do not consent, your App Store subscription does not renew and ends at the end of the current billing period, without any costs arising for you as a result. If a charge fails, Apple tries it again; during a grace period that Apple grants for this, your access remains in place. After that, the paid features are suspended until Apple receives the payment or the subscription ends; your account and your data remain.
11. Withdrawal and refunds. In the German and the Austrian App Store, under Apple's terms, you can declare your withdrawal from a purchase to Apple within 14 days of receiving the invoice, for example in your Apple Account under “Purchase History” with “Withdraw Transaction”; you can also declare it to us (no. 3). Apple's terms for the Swiss App Store do not provide for a right of withdrawal. You submit refund requests to Apple, for example at reportaproblem.apple.com; Apple decides on them, no. 4 remains unaffected. If Apple refunds you the price for the current billing period, your access to the paid features ends; if Apple reverses the refund, we restore your access.
12. Duplicate subscriptions in reverse order. If your subscription already runs via the App Store and you additionally take out a subscription via our website, we end the additional website subscription immediately and refund the payment for it to you automatically and in full (section 10.6). If your subscription already runs via our website, the iPhone app does not offer you an additional purchase.
13. Cancellation by us and discontinuation of the service. If we cancel an App Store subscription under section 10.4 or discontinue WhispaWave under section 10.5, we cannot end the renewal with Apple ourselves. In our notice, we therefore tell you when our service ends so that you can cancel your App Store subscription in good time, and we remove our subscriptions from sale in the App Store. If Apple nevertheless charges you for periods in which we no longer provide any service, you request the refund from Apple (no. 11); our support will help you with this.
14. Relationship with Apple and the Standard EULA. In addition, Apple's Licensed Application End User License Agreement (“Standard EULA”), which under the Apple Media Services Terms and Conditions (no. 5) applies to apps from the App Store, applies to the iPhone app. If the Standard EULA and these Terms differ, these Terms take precedence in the relationship between you and us; the processing of your personal data is governed solely by our Privacy Policy. We, not Apple, are responsible for the iPhone app, its content, its maintenance and support; Apple is not obliged to provide any maintenance or support services for the iPhone app. You direct questions, complaints and claims regarding the iPhone app to us (contact details in section 1); your rights against Apple as the seller remain unaffected (no. 5). When using the iPhone app, also observe the terms of third parties, for example those of your mobile phone contract for data usage.

24. Final provisions

1. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, the mandatory consumer protection provisions of the country in which you have your habitual residence remain unaffected (Art. 6(2) of Regulation (EC) No 593/2008 — Rome I); for the users at whom these Terms are aimed (section 1), these are the provisions of Germany, Austria or Switzerland. If you are a consumer with your habitual residence in Switzerland and a Swiss court decides, Swiss law applies instead of German law to the extent provided for by Art. 120 of the Swiss Federal Act on Private International Law (IPRG).
2. Language versions. These Terms are available in German, English, Spanish and Russian. The version that applies to you is the one in the language in which you concluded the contract (section 1); all versions have the same content, and the German text is the source text. If the versions differ from one another, the reading that is more favorable to consumers applies to them (Section 305c(2) of the German Civil Code (BGB)). For business customers, only the German version is authoritative.
3. For merchants, legal entities under public law and special funds under public law, the place of jurisdiction is Dortmund. For consumers, the statutory place of jurisdiction applies.
4. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer conciliation body.
5. Should any provision of these Terms be invalid, the validity of the remaining provisions remains unaffected.
6. You can find information on the processing of personal data in our Privacy Policy: https://whispawave.de/datenschutz.

25. Glossary

Free plan

the plan at no charge with 2,000 words on the computer and 1,000 words on the iPhone per fixed weekly period from your first counted dictation (section 6).

Trial period

the one-time free trial access to Pro (14 days; 30 days for referred persons) or to the team (14 days from team creation, shared clock). If a Pro+ or Team+ subscription begins with a trial period, the rules of sections 7.4 and 8.7 respectively apply (with a stored payment method: automatic start of the subscription after the trial ends in accordance with section 8.2 no. 2), and during the trial, so does the trial allowance of Conversation mode (section 12.1).

Team / seat / owner

A team is created and paid for by the owner; each seat is a place for one member.

Conversation mode

the meeting transcription with speaker separation, including meeting notes and the meeting chat assistant (sections 2 and 13).

Meeting note

the note created by the AI from a conversation (section 2); meeting notes count toward the monthly Conversation mode allowance (section 12.1).

Meeting chat assistant

the chat function with which you ask the AI questions about your conversations and have your meeting notes edited (section 2).

Pro+ / Team+

the expanded plan tiers with the larger monthly Conversation mode allowance (sections 7.4 and 8.7).

Allowance

the fair-use limits of the cloud AI functions — daily (continuously replenishing) and, for Conversation mode, per calendar month (fixed budget, no carry-over to the following month — section 12.1).

Referral program / reward

the program under section 17; the reward is a credit, not a monetary claim.

DACH

Germany, Austria, Switzerland.

iPhone app / WhispaWave keyboard

the WhispaWave app for the iPhone from Apple's App Store, including the associated keyboard with which you type and dictate in other apps (section 2).

App Store subscription

a Pro or Pro+ subscription that you take out in the iPhone app via the App Store; the seller is Apple (section 23 nos. 5 to 14).

Command Mode (Compose / Rewrite)

the function with which the AI, at your instruction, drafts a new text or rephrases a text you have selected (section 2 and section 3 no. 8).