Terms of Service.

1. Agreement to these Terms

By downloading, installing, or using Whispyr on your iPhone, iPad or Mac, you agree to these Terms of Service. If and when an Android version becomes available, these Terms apply to it as well (see section 20). If you do not agree, do not use the app or website. You must be at least 13, or the age of digital consent in your country if higher.

2. What Whispyr is

Whispyr is proprietary software owned by Whispyr Limited. It is a proximity-based messenger that connects devices directly using:

• Bluetooth Low Energy
• Apple Multipeer Connectivity (Bluetooth and peer-to-peer Wi-Fi)
• Optional local-network mDNS over Wi-Fi

It is designed to work without internet connectivity, without user accounts tied to phone numbers or email addresses, and without centralised servers that process, store, or relay your messages. The app provides peer-to-peer messaging, group Spaces with events and polls, stories, media sharing, proximity-based discovery (Radar), and Bump to Connect pairing. If and when an Android version becomes available, it will also connect Android devices to each other using Google Nearby Connections and will offer offline device-to-device sharing of the app itself (see section 20).

The website at getwhispyr.app provides product information, legal documents, and support resources. A small analytics endpoint exists for stability and feature-usage measurement; it is off by default and only runs if you opt in within the app. See our Privacy Policy for details. Neither the website nor the analytics endpoint receives any message content or profile data.

3. Your profile and identity

When you set up Whispyr, you create a local profile with a display name and handle. This profile is stored on your device; nearby Whispyr users can see your display name, handle and photo according to your Visibility setting. Whispyr does not require a phone number, email address, or any form of centralised account registration.

Your cryptographic identity (encryption keys) is generated on your device and stored in the Keychain on your iPhone, iPad or Mac. If and when an Android version becomes available, it stores these keys in EncryptedSharedPreferences, encrypted with a master key held in the Android Keystore. This identity persists across app sessions and is used to authenticate your connections with other users.

4. Acceptable use

You agree to use Whispyr lawfully and respectfully. You must not:

• Harass, threaten, stalk, dox, or abuse other users
• Transmit illegal content, including child sexual abuse material (CSAM), content inciting violence or terrorism, or content that violates applicable hate-speech laws
• Transmit material that infringes another person’s intellectual-property rights
• Use Whispyr to coordinate fraud, scams, or other illegal activity
• Impersonate other individuals or entities
• Attempt to reverse engineer, decompile, or disassemble the app, except to the extent that applicable law (such as EU Directive 2009/24/EC on the legal protection of computer programs) expressly permits, and except good-faith security research that follows the disclosure process on our Security and cryptography page
• Attempt to bypass, disable, or interfere with security features (including the handshake or encryption layers), except good-faith security research that follows the same disclosure process
• Distribute modified, repackaged, or re-signed builds of the app
• Interfere with or disrupt the experience of other users
• Use automated tools (bots, scrapers, headless clients) to interact with the app

Whispyr operates peer-to-peer. We do not monitor message content and cannot moderate conversations. You are responsible for your own conduct, and the recipient of any content you send may report you using the in-app reporting tools or contact us directly.

5. Reporting illegal content (Trust & Safety)

Whispyr does not see, store, or process message content. We cannot remove a message from another user’s device; the recipient holds the copy. The following paths exist when you encounter illegal content or harmful behaviour:

• Block + report inside the app. Every chat has a “Block” and “Report” action. Reports stay on your device; blocking severs the cryptographic session and removes the offender from your Radar.
• Email us at support@getwhispyr.app with a description of the incident, the offender’s handle if known, and any device-side context (screenshots, timestamps). We cannot retrieve the conversation, but where a violation of these Terms is established we may take further steps in future versions of the app where technically possible.
• Contact law enforcement directly if you believe a crime has been committed. Because we have no access to message content, the most useful evidence is on your own device: screenshots, the offending handle, and timestamps.

We aim to respond to safety reports within 14 days for routine matters and within 72 hours where there is risk of serious harm (CSAM, imminent violence, terrorism). This commitment supports our obligations under the UK Online Safety Act 2023 and the EU Digital Services Act, recognising that the end-to-end encrypted, serverless nature of Whispyr’s messaging limits the mitigations we are technically capable of taking.

6. Spaces

Spaces are local group environments created by a host and joined by nearby participants via QR code or short code. The host has moderation tools including the ability to remove participants, lock chat, enable slow mode, pin announcements, and manage events and polls.

If you host a Space, you are responsible for the environment you create. Whispyr provides moderation tools but does not monitor or moderate Spaces content.

7. Encryption and security

Direct chats in Whispyr are end-to-end encrypted. Emergency broadcasts are deliberately unencrypted, and Spaces between iPhones rely on Apple’s Multipeer Connectivity encryption (see Security and cryptography). The protocol stack for direct chats is:

• Forward-secret session keys: a fresh X25519 key pair is generated for every session when both devices run a current version of Whispyr. Compromise of a long-term identity key does not retroactively decrypt those sessions.
• X25519: Diffie-Hellman key agreement between per-session ephemeral keys
• Ed25519: signatures bind each ephemeral key to your long-term identity; comparing safety numbers in person confirms that no one is in the middle
• HKDF-SHA256: derives the AEAD key from the ECDH output
• ChaCha20-Poly1305: authenticated encryption with associated data (AAD); the AAD binds the sender handle and frame type, defeating cross-channel replay and ciphertext-swap attacks
• BLE transport layer: wraps Bluetooth frames in an independent AES-256-GCM envelope with deterministic counter nonces
• Replay protection: per-direction counters on Bluetooth and local-network links, de-duplication by message ID on all transports, and a ±10-minute handshake timestamp window

Whispyr Limited cannot decrypt, read, or access your messages. There is no server-side decryption capability, no key escrow held by Whispyr, and no backdoor. For technical details, see our Security and cryptography page.

You are responsible for the physical security of your device. If someone gains access to your unlocked device, they may be able to read your messages. Whispyr provides Auto-Lock and Lock Now (Face ID / Touch ID) to help protect against unauthorised access.

8. Backups and data portability

Whispyr offers an optional encrypted backup feature. Backups are created locally, encrypted with a passphrase you choose, and stored wherever you save the file. Whispyr Limited does not receive your backups or your passphrase.

If you lose your passphrase, your backup cannot be recovered, by you or by us. You are solely responsible for safeguarding backup files and passphrases.

9. Content you share

You retain ownership of all content you create and share through Whispyr, including messages, photos, voice messages, files, and stories. By sharing content with other users, you grant them the ability to view and store that content on their device.

Whispyr does not claim any ownership or licence over your content. Because messages are transmitted directly between devices, content shared cannot be recalled from a recipient’s device once delivered.

10. Intellectual property

Whispyr is proprietary software. The Whispyr app, website, source code, design system, brand identity, logo, and all associated content are owned by Whispyr Limited or its licensors. You may not copy, modify, distribute, sell, sublicense, or create derivative works based on Whispyr’s intellectual property without prior written permission, except as expressly permitted by applicable law (including the limited rights described in section 4 above) and, if and when an Android version becomes available, except for the unmodified device-to-device sharing of the official Android app described in section 20.

Whispyr is not open-source software and no open-source licence is granted to you by these Terms. The “Whispyr” name and logo are brand identifiers used by Whispyr Limited; they remain the property of Whispyr Limited and may not be used to identify your own products, services, or communications, or in a way that suggests endorsement or affiliation, without our prior written permission.

11. Connectivity and availability

Whispyr relies on Bluetooth Low Energy, Bluetooth Classic, and local Wi-Fi for peer-to-peer communication. Connection quality, range, and reliability depend on device hardware, physical environment, operating-system version, OS power-management policies, and proximity to other devices.

Whispyr Limited does not guarantee uninterrupted connectivity, specific transmission range, or message-delivery success. The messaging experience is designed to function without internet, but the following surfaces do require internet connectivity: the website; the analytics endpoint (when enabled); map previews for shared locations and, if enabled, link previews; and app-store updates. Discovery over a shared Wi-Fi network uses the local network only and does not require internet.

12. Updates and changes

We may update Whispyr from time to time to improve performance, security, or functionality. Updates are delivered through the Apple App Store. If and when an Android version becomes available, copies of it shared from device to device (see section 20) will not update automatically; a newer copy must be installed over the existing one. We may also update these Terms; material changes will be communicated through the app or website, and the “Last updated” date will reflect the most recent revision.

Continued use of Whispyr after changes to these Terms constitutes acceptance of the updated Terms.

13. Termination

You may stop using Whispyr at any time by deleting the app. Deleting the app removes your messages, profile and settings from that device. On iPhone, iPad and Mac, encryption keys held in the Keychain can outlive deletion; use Settings → Clear All Data in the app first to remove them.

We reserve the right to restrict access to the website or withdraw the app from distribution if these Terms are violated, if required by law, or if we discontinue the service. We will provide reasonable notice where possible.

14. Law enforcement and legal requests

Whispyr Limited responds to valid legal process under the laws of England and Wales, and where applicable other jurisdictions in which we are subject to enforceable orders. Because the app does not store, process, or relay message content, the information available to us in response to any valid legal request is limited to:

• Support correspondence and in-app feedback you have voluntarily sent us (retained up to 12 months)
• Analytics records keyed to a random install ID (only if you opted in; retention is described in our Privacy Policy)
• Website request logs held by our hosting provider, Cloudflare (we do not store them; Cloudflare’s default retention is approximately 72 hours)

We cannot produce message content, contacts, encryption keys, profile data, or location data, because none of that data ever reaches our infrastructure. We do not have a backdoor or law-enforcement decryption mechanism, and we will not engineer one. Where we receive a request to disclose information we do hold, we will respond where compelled by law and will, where lawfully permitted, notify the affected user. Legal requests should be addressed to support@getwhispyr.app.

15. Disclaimers

Whispyr is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that the app will be error-free, uninterrupted, or free of harmful components. Bluetooth and local networking are subject to environmental factors beyond our control.

16. Limitation of liability

To the maximum extent permitted by applicable law, Whispyr Limited, its directors, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of data, messages, or encryption keys
• Inability to connect with other devices
• Unauthorised access to your device
• Service interruptions or discontinuation
• Actions of other users

Our total aggregate liability shall not exceed the amount you paid for Whispyr in the twelve months preceding the claim (which, as a free app, is zero).

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot be excluded under applicable law (including the Consumer Rights Act 2015 in the United Kingdom).

17. Indemnification

You agree to indemnify and hold harmless Whispyr Limited from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of Whispyr, your violation of these Terms, or your violation of any third-party rights, except to the extent caused by Whispyr Limited’s own gross negligence or wilful misconduct.

18. Governing law and disputes

These Terms are governed by the laws of England and Wales. Any disputes arising from these Terms or your use of Whispyr shall be subject to the exclusive jurisdiction of the courts of England and Wales, except that consumers resident in the European Union or the United Kingdom retain the right to bring proceedings in the courts of their country of residence as protected by mandatory consumer law.

Before initiating formal proceedings, we encourage you to contact us at support@getwhispyr.app so we can attempt to resolve the issue informally.

19. Apple App Store: additional terms

The following additional terms apply where you obtain Whispyr through Apple’s App Store, as required by Apple’s Licensed Application End User License Agreement:

• These Terms are an agreement between you and Whispyr Limited only, not with Apple Inc. Apple is not responsible for the app or its content.
• Your licence to use the app is limited to use on Apple-branded devices that you own or control and as permitted by the App Store Terms of Service.
• Apple has no obligation to furnish any maintenance and support services with respect to the app.
• In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the app. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the app.
• Any claims relating to the possession or use of the app (including product-liability claims, claims that the app fails to conform to applicable legal requirements, and claims arising under consumer-protection or similar legislation) are the responsibility of Whispyr Limited, not Apple.
• In the event of any third-party claim that the app or your use of it infringes that third party’s intellectual-property rights, Whispyr Limited (not Apple) will be solely responsible for the investigation, defence, settlement, and discharge of any such claim.
• You represent and warrant that (i) you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

20. Android (when available)

An Android version of Whispyr is not yet publicly available. If and when it becomes available, the following terms apply to it in addition to the rest of these Terms.

If you obtain Whispyr for Android through Google Play, your use is also subject to the Google Play Terms of Service. Google is not a party to these Terms and has no obligation to provide maintenance or support for the app. Claims relating to the app are the responsibility of Whispyr Limited.

Whispyr for Android can be passed from one device to another using the in-app “Share Whispyr nearby” feature, which transfers an unmodified copy of the installed app. These Terms apply equally to copies obtained this way. Only install copies received from a source you trust; the official app is signed by Whispyr Limited, and Android will refuse to install over an existing Whispyr installation if the signature does not match. Copies obtained this way do not update automatically (see section 12).

21. General

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Whispyr Limited regarding your use of the app and website, and supersede any prior agreements. We may assign these Terms (for example, in connection with a merger or acquisition); you may not assign your rights or obligations without our prior written consent. A failure to enforce any provision is not a waiver. If any provision is held unenforceable, the remaining provisions remain in effect.

22. Third-party software notices

Whispyr itself is proprietary software owned by Whispyr Limited and is not open source. The app and website do, however, depend on a number of third-party frameworks and libraries, some of which are distributed under open-source licences that require attribution. Those dependencies and their licences are listed here:

• iPhone, iPad and Mac: Apple CryptoKit (ChaCha20-Poly1305, X25519, Ed25519, HKDF-SHA256), Apple CoreBluetooth, Apple Multipeer Connectivity, Apple Network.framework. Proprietary Apple frameworks distributed with iOS, iPadOS and macOS.
• Android (when available): AndroidX libraries (Apache 2.0), Kotlin Standard Library (Apache 2.0), Kotlinx Coroutines (Apache 2.0), Kotlinx Serialization (Apache 2.0), Jetpack Compose (Apache 2.0), Conscrypt (Apache 2.0), Bouncy Castle (MIT), Google Nearby Connections (proprietary, distributed via Google Play Services), ZXing (Apache 2.0), ML Kit barcode scanning (Google, proprietary), CameraX (Apache 2.0).
• Bluetooth protocol: Whispyr’s custom Bluetooth Low Energy GATT protocol, layered with AES-256-GCM, was designed and implemented by Whispyr Limited and is not derived from third-party code.
• Website: Cloudflare Pages hosting, system-font stack.

Each third-party component is used under its respective licence. Full notice texts for the open-source libraries are published in the upstream repositories of those projects; if you need a specific licence text for compliance purposes, email support@getwhispyr.app and we’ll send it.

23. Contact

For questions about these Terms, contact us at:

• Support & safety: support@getwhispyr.app
• Press: press@getwhispyr.app
• Post: Whispyr Limited, 45 Albemarle Street, London, England, W1S 4JL

Legal notice

Information pursuant to UK Companies Act 2006 §82, German DDG §5, and Austrian MedienG §25.

Responsible for content: Laurenz Frank, 45 Albemarle Street, London, England, W1S 4JL.