**End User License Agreement (EULA)**

 

PLEASE READ THIS EULA CAREFULLY. IT CONTAINS IMPORTANT TERMS THAT AFFECT YOU AND YOUR USE OF THE WHISPER MESSENER. BY USING THE WHISPER MESSENER SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS EULA WITH RESPECT TO THE WHISPER MESSENGER. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONSENTS, DO NOT USE THE WHISPER MESSENGER

  1. Software License 
    Subject to the terms and conditions in this EULA, we grant you a non-exclusive, non-transferable license to install and use a copy of the Whisper Messenger in object code form only, solely for your personal, noncommercial use in connection with the Whisper Messenger. Any software that updates, supplements or replaces the original Whisper Messenger is governed by this EULA unless separate license terms accompany such update, supplement or replacement, in which case such separate terms will govern in the event of a conflict with this EULA or as otherwise provided in such separate terms.

  2. License Limitations 
    The preceding states the entirety of your rights with respect to the Whisper Messenger, and we reserve all rights not expressly granted to you in this EULA. Without limiting the foregoing, you will not do, or authorize or permit any third party to do, any of the following: (a) license or sell the Whisper Messenger; (b) distribute the Whisper Messenger except as expressly authorized by EQBR W PTE. LTD.; (b) use the Software for any purpose other than your personal, noncommercial use; (c) reverse engineer, decompile, disassemble or attempt to discover the source code for the Whisper Messenger; (d) modify, alter or create any derivative works of the Whisper Messenger; or (e) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the Whisper Messenger.

  3. Ownership 
    The Whisper Messenger is the valuable property of EQBR W PTE. LTD. and its licensors and is protected by copyright and other intellectual property laws and treaties. We and our licensors own all right, title and interest in and to the Whisper Messenger, including all copyright and other intellectual property rights in the Software. Any and all use of the Whisper Messenger by You is in accordance with this limited license only.

  4. Disclaimers 
    THE WHISPER MESSENGER IS PROVIDED TO YOU FREE OF CHARGE. ACCORDINGLY, THE SOFTWARE IS PROVIDED “AS IS,” WITH ALL FAULTS, DEFECTS AND ERRORS, AND WITHOUT WARRANTY OF ANY KIND. EQBR W PTE. LTD. DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, ARISING BY LAW OR OTHERWISE, REGARDING THE SOFTWARE AND ITS PERFORMANCE OR SUITABILITY FOR YOUR INTENDED USE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, EQBR W PTE. LTD. DOES NOT WARRANT THAT THE SOFTWARE WILL BE FREE OF BUGS, ERRORS, VIRUSES OR OTHER DEFECTS, AND EQBR W PTE. LTD. SHALL HAVE NO LIABILITY OF ANY KIND FOR THE USE OF OR INABILITY TO USE THE SOFTWARE, THE WHISPER MESSENGER OR ANY OTHER PRODUCT OR SERVICE ASSOCIATED THEREWITH.

  5. Limitation of Liability 
    IN NO EVENT WILL EQBR W PTE. LTD. OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LIABILITIES WHATSOEVER ARISING FROM OR RELATING TO THE SOFTWARE OR THIS EULA, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, EVEN IF EQBR W PTE. LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  6. Termination 
    EQBR W PTE. LTD. may terminate this EULA and any access to the Whisper Messenger in connection with your use of the Whisper Messenger at any time for any reason or for no reason immediately upon notice. Upon such termination, you agree not to download, copy, install or use the Whisper Messenger (including any subsequent version of the Whisper Messenger). EQBR W PTE. LTD. may also discontinue the Whisper Messenger, in which case this EULA shall terminate automatically without notice. In the event of the termination of this EULA for any reason: (a) the license granted to you in this EULA will terminate; (b) you must immediately upon receiving any notice of termination cease all use of the Whisper Messenger and destroy or erase all copies of the Whisper Messenger in your possession or control; and (c) Sections 3 (Ownership), 4 (Disclaimers), 5 (Limitation of Liability), 6 (Termination), 7 (Governing Law; Jurisdiction) and 8 (General) will survive any such termination.

  7. Governing Law; Jurisdiction 
    Unless expressly prohibited by local law, this EULA is governed by the laws of the Singapore, without regard to any conflict of law principles to the contrary.

  8. General

    1. Severability. If any provision of this EULA is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remainder of this EULA will remain in full force and effect.

    2. Headings; Interpretation. The headings of sections and paragraphs of this Agreement are for convenience of reference only and are not intended to restrict, affect or be of any weight in the interpretation or construction of the provisions of such sections or paragraphs.

    3. Assignment. You may not assign this Agreement or any of your rights under this EULA without the prior written consent of EQBR PTE. LTD., and any attempted assignment without such consent shall be void.

    4. Entire Agreement. This EULA sets forth our entire agreement with respect to the Whisper Messenger and the subject matter hereof and supersedes all prior and contemporaneous understandings and agreements whether written or oral. No amendment, modification or waiver of any of the provisions of this EULA will be valid unless set forth in a written instrument signed by the party to be bound thereby.
       

**Terms & Conditions**

By downloading or using the app, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app. You’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to EQBR W PTE. LTD.

 

EQBR W PTE. LTD. is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.

 

The Whisper Messenger app technically can’t store and processed personal data that you have provided to us since app is based on blockchain technolodge instead of server-client, but might do so in order to provide our Service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the Whisper Messenger app won’t work properly or at all.

 

The app does use third party services that declare their own Terms and Conditions.

 

Link to Terms and Conditions of third party service providers used by the app

 

*   [Google Play Services](https://policies.google.com/terms)

*   [Google Analytics for Firebase](https://firebase.google.com/terms/analytics)

*   [Unity](https://unity3d.com/legal/terms-of-service)

 

You should be aware that there are certain things that EQBR W PTE. LTD. will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but EQBR W PTE. LTD. cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.

 

If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.

 

Along the same lines, EQBR W PTE. LTD. cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, EQBR W PTE. LTD. cannot accept responsibility.

 

With respect to EQBR W PTE. LTD.’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. EQBR W PTE. LTD. accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.

 

At some point, we may wish to update the app. The app is currently available on Android & iOS – the requirements for both systems(and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. EQBR W PTE. LTD. does not promise that it will always update the app so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.

 
**Changes to This Terms and Conditions**

 

We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page.

 

These terms and conditions are effective as of 2020-11-14

 

**Contact Us**

 

If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at mklee@eqbr.net.

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© 2020 by EQBR W PTE. LTD.