Terms of use

1. Accounts

1.1 Creating an account. You need an account to use most of the Service. When you sign up, you agree to provide accurate and complete information and to keep it current. You can ask us to close your account at any time by emailing hello@whisper.fans. We may suspend or terminate your account as described in Section 11.

1.2 Account security. You are responsible for keeping your login credentials confidential and for all activity that occurs under your account. If you believe your account has been accessed without your permission, email us right away. We are not liable for any losses caused by your failure to keep your credentials secure.

1.3 Teammates. You are responsible for the teammates you invite to your organization and for what they do in the Service. They must also follow these Terms.

1.4 Connecting an OnlyFans account. If you connect an OnlyFans account, you represent that you are allowed to connect it and to send messages from it. Linking happens on the linking provider's screen. Whisper does not receive or store the OnlyFans password.

2. Using the Service

2.1 License. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your own creator or agency operations.

2.2 Restrictions. You may not: (i) resell, sublicense, license, rent, lease, transfer, assign, distribute, or otherwise commercially exploit the Service itself; (ii) modify, create derivative works from, disassemble, decompile, or reverse engineer any part of the Service; (iii) access the Service in order to build a similar or competing product or service; or (iv) copy, reproduce, distribute, republish, download, display, post, or transmit any part of the Service except as these Terms allow. Using the Service for your own creator or agency operations is allowed. All copyright and proprietary notices in the Service must be kept intact on any copies you are allowed to make.

2.3 Changes to the Service. We may modify, suspend, or discontinue the Service, or any part of it, at any time, with or without notice. We are not liable to you or any third party for any such modification, suspension, or discontinuation.

2.4 No support obligation. We have no obligation to provide you with support or maintenance for the Service.

2.5 Ownership. Whisper and its suppliers own all intellectual property rights in the Service, including copyrights, patents, trademarks, and trade secrets. Your content is covered by Section 3, not this section. These Terms do not transfer any ownership rights to you, except for the limited license in Section 2.1. All rights not expressly granted are reserved.

2.6 Feedback. If you share feedback or suggestions about the Service with us, you grant us a perpetual, irrevocable, worldwide, non-exclusive, fully paid, royalty-free license to use that feedback in any manner and for any purpose, without attribution. Please do not submit feedback that you consider proprietary or confidential.

3. Your content

3.1 Your ownership. "Your Content" means content you submit to the Service and content from accounts you connect to it. As between you and Whisper, you keep ownership of Your Content. We do not claim ownership of it.

3.2 License to Whisper. You grant Whisper a non-exclusive, worldwide, royalty-free license to host, process, and transmit Your Content to provide, secure, and support the Service. That includes drafting replies and improving drafting, including using excerpts of content from accounts you connect when drafting for other customers, as described in our Privacy Policy. If you turn on the optional training export described there, this license also covers that export. This license lasts as long as we keep Your Content under the Privacy Policy.

3.3 No broader rights. This license does not give us any right to publish Your Content or to use it for advertising.

3.4 Your rights to submit. You represent that you have the rights needed to submit Your Content and to grant the license in this section.

4. Drafts and messages

4.1 You decide what is sent. Whisper drafts replies. You decide what is sent from the accounts you connect, including when you turn on a setting that sends some replies without a separate approval. You are responsible for every message sent from accounts you connect.

4.2 Drafts can be wrong. Drafts are generated by artificial intelligence and can be inaccurate, inappropriate, or not what you intended. You are responsible for reviewing drafts and for anything you send. Whisper does not guarantee any revenue or other result from using the Service.

4.3 Follow the law and OnlyFans' rules. You must use the Service in compliance with all applicable laws and with OnlyFans' terms and policies, including for every message you send.

5. Fees

5.1 Prices. Some parts of the Service require payment. Any price is shown in the Service before you are charged. You agree to pay the fees for the plan or credits you choose.

5.2 Payment cards. Whisper does not store payment card numbers.

5.3 Nonpayment. If fees are not paid when due, we may suspend your access to the Service.

5.4 Refunds. Fees already paid are not refunded, except where the law requires it.

6. Privacy

Your use of the Service is also governed by our Privacy Policy, available at whisper.fans/privacy, which is part of these Terms. The Privacy Policy explains what information we collect, how we use it, and who receives it.

6.1 Processing of personal data. By using the Service, you acknowledge that you have read and understand our Privacy Policy and that Whisper will process your personal data and other information as the Privacy Policy describes. If these Terms and the Privacy Policy conflict about the collection, use, or processing of personal data, the Privacy Policy controls.

6.2 Cookies. The Privacy Policy explains the cookies and browser storage the Service uses and how you can manage them.

7. Indemnification

You agree to defend, indemnify, and hold harmless Whisper and its officers, employees, and agents from any claims and reasonable costs or attorneys' fees arising out of (i) your use of the Service, including use by teammates you invite, (ii) Your Content, (iii) messages sent from accounts you connect, (iv) your violation of these Terms, or (v) your violation of any applicable law or regulation. We may assume control of the defense of any such claim at your expense, and you agree to cooperate with our defense. You agree not to settle any such claim without our prior written consent. We will make reasonable efforts to notify you promptly of any claim we become aware of.

8. Third-party services and other users

8.1 Third-party services. The Service works with third-party services, including OnlyFans and the service that links your OnlyFans account, and may link to other websites ("Third-Party Services"). Third-Party Services have their own terms and privacy practices, which apply to your use of them. We do not control, endorse, or take responsibility for any Third-Party Services, and you use them at your own risk. The Service does not show third-party advertisements.

8.2 Other users. Your interactions with other users of the Service, and with anyone you message through it, are solely between you and them. We are not responsible for any loss or harm resulting from those interactions. We may, but have no obligation to, get involved in disputes between users.

8.3 Release. To the fullest extent permitted by law, you release Whisper and its officers, employees, agents, successors, and assigns from all claims, demands, and damages of any kind arising out of or related to other users or Third-Party Services. If you are a California resident, you waive California Civil Code Section 1542, which provides: "A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor or released party."

9. Disclaimers

THE SERVICE, INCLUDING ANY DRAFTS IT PRODUCES, IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WHISPER AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE OR ANY DRAFT WILL BE ACCURATE, UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR HARMFUL CODE. WHERE APPLICABLE LAW REQUIRES WARRANTIES, THEY ARE LIMITED TO 90 DAYS FROM YOUR FIRST USE.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) WHISPER AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY LOST PROFITS, LOST DATA, COSTS OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE SERVICE, INCLUDING MESSAGES SENT FROM ACCOUNTS YOU CONNECT; AND (B) OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING UNDER OR RELATED TO THESE TERMS OR THE SERVICE IS LIMITED TO THE GREATER OF (i) $50 USD AND (ii) THE FEES YOU PAID TO WHISPER IN THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. HAVING MORE THAN ONE CLAIM DOES NOT INCREASE THIS LIMIT.

11. Term and termination

These Terms remain in effect while you use the Service. We may suspend or terminate your access, including suspending or closing your account, at any time and for any reason, including if we believe you have violated these Terms. We are not liable to you for any such suspension or termination. When these Terms end, your license in Section 2.1 ends. Sections 2.2 through 2.6, Section 3, Section 4, any unpaid fees under Section 5, and Sections 6 through 14 survive.

12. State-specific notices

This section applies only to users who are subject to the laws of the states named below. If a provision in this section conflicts with another part of these Terms, this section controls for users subject to that state's laws.

12.1 California. Under California Civil Code Section 1789.3, California users of the Service are entitled to the following consumer rights notice. The Service is provided by Whisper. To file a complaint about the Service, or to receive more information about using it, email hello@whisper.fans. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N112, Sacramento, CA 95834, or by phone at (800) 952-5210. California residents may also have privacy rights under the California Consumer Privacy Act. Our Privacy Policy explains those rights and how to exercise them.

12.2 Colorado. If you are a Colorado resident, you may have rights under the Colorado Privacy Act. We do not sell personal information. Our Privacy Policy explains how to make a request.

12.3 Connecticut. If you are a Connecticut resident, you may have rights under the Connecticut Data Privacy Act. We do not sell personal information. Our Privacy Policy explains how to make a request.

12.4 Virginia. If you are a Virginia resident, you may have rights under the Virginia Consumer Data Protection Act. We do not sell personal information. Our Privacy Policy explains how to make a request.

12.5 Nevada. If you are a Nevada resident, you have the right under Nevada Revised Statutes Chapter 603A to direct us not to sell certain information we have collected or will collect about you. We do not sell personal information. To submit an opt-out request, email hello@whisper.fans. Our Privacy Policy explains how to make other requests.

13. General

13.1 Changes to these Terms. We may update these Terms. When we do, we will post the updated Terms on this page and change the effective date at the top. For material changes, we will also notify account holders by email or with a notice in the Service. If you continue to use the Service after the new effective date, you accept the updated Terms. If we make a material change to Section 14, you may opt out of the arbitration agreement within 30 days after we notify you of the change, as described in Section 14.10.

13.2 Governing law. These Terms, and any dispute arising out of or related to these Terms or the Service, are governed by the laws of the United States and the laws of the state where Whisper is established, without regard to conflict-of-law principles. Any claim or dispute that is not subject to arbitration under Section 14, including an individual small claims action or a request for equitable relief to protect intellectual property rights, may be brought in a court that has jurisdiction.

13.3 Export. You agree not to export, re-export, or transfer the Service, including the command-line app, or any technical data from it, in violation of U.S. export control laws or the applicable laws of other countries.

13.4 Electronic communications. By using the Service, you consent to receive communications from us electronically, by email or by notices posted in the Service. These electronic communications satisfy any legal requirement for written notice.

13.5 Accessibility. If you have trouble using the site, you can email hello@whisper.fans.

13.6 Entire agreement. These Terms, together with the Privacy Policy and any guidelines or rules they reference, are the entire agreement between you and Whisper about the Service. If any provision of these Terms is found invalid or unenforceable, it will be modified to the minimum extent necessary to make it valid, and the remaining provisions will continue in effect. Our failure to enforce any provision is not a waiver of that provision. The word "including" means "including without limitation." You may not assign these Terms without our prior written consent. We may assign them freely. These Terms bind any permitted assignees.

13.7 Copyright and trademarks. Copyright 2026 Whisper. All rights reserved. All trademarks, logos, and service marks shown in the Service are owned by Whisper or by third parties. You may not use any of them without prior written consent from their owner.

13.8 Contact. For questions about these Terms, email hello@whisper.fans.

14. Dispute resolution

Please read this section carefully. It affects your legal rights, including your right to sue in court and your right to a jury trial.

14.1 Applicability. Except as described below, you and Whisper agree to resolve all disputes arising out of or relating to the Service or these Terms through binding individual arbitration, not in court. The exceptions are: (i) claims that qualify for small claims court, brought on an individual basis; and (ii) requests for equitable relief related to intellectual property, such as trademarks, trade secrets, or copyrights. This arbitration agreement applies to all claims, including claims that arose before you agreed to these Terms.

14.2 Try to resolve it first. Before starting arbitration, you and Whisper agree to try to resolve the dispute informally. The party raising the dispute must send written notice (an "Informal Notice") to the other party. Send Informal Notices to Whisper by email to hello@whisper.fans. We will send Informal Notices to you at the email address on your account. Within 45 days after an Informal Notice is received, the parties will meet by phone or video in good faith to try to resolve the dispute. If the dispute is not resolved within 60 days after the Informal Notice is received, either party may start arbitration.

14.3 Arbitration rules. Arbitrations will be administered by JAMS (jamsadr.com). Claims under $250,000, not counting fees and interest, will use the JAMS Streamlined Arbitration Rules. Larger claims will use the JAMS Comprehensive Arbitration Rules. The arbitration may be conducted by video or phone, or in the county where you live. All arbitration materials and documents are confidential.

14.4 Arbitration request. A request for arbitration must include: (i) your contact information and the email address on your Whisper account, if you have one; (ii) a description of the claims and the facts supporting them; (iii) the relief you are seeking and a good-faith estimate of damages; (iv) confirmation that you completed the informal resolution process in Section 14.2; and (v) proof of payment of any required filing fee.

14.5 Authority of the arbitrator. The arbitrator has authority to resolve all arbitrable disputes, including questions about the scope and enforceability of this arbitration agreement, except that a court (not the arbitrator) will decide: (i) challenges to the class action waiver below; (ii) disputes about arbitration fees; (iii) whether a condition to starting arbitration has been satisfied; and (iv) which version of this arbitration agreement applies. The arbitrator may award the same relief as a court, but only on an individual basis. The arbitrator's award is final and binding, and judgment on it may be entered in any court that has jurisdiction.

14.6 Waiver of jury trial. BY AGREEING TO ARBITRATION, YOU AND WHISPER WAIVE THE RIGHT TO A TRIAL BY JUDGE OR JURY FOR ALL CLAIMS COVERED BY THIS SECTION.

14.7 Waiver of class actions. ALL DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS. NEITHER YOU NOR WHISPER MAY BRING CLAIMS AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING. The arbitrator may award relief only on an individual basis. If a court finds this class action waiver unenforceable as to a specific claim, that claim may be brought in a court that has jurisdiction, and all other claims remain subject to arbitration.

14.8 Attorneys' fees. Each party bears its own attorneys' fees, unless the arbitrator finds that a claim was frivolous or brought for an improper purpose.

14.9 Batch arbitration. If 100 or more substantially similar arbitration demands are filed against Whisper within a 30-day period by the same law firm or a coordinated group, JAMS will batch them into groups of 100 and appoint one arbitrator for each batch, with one set of fees for each batch.

14.10 Opt-out. You may opt out of this arbitration agreement by emailing hello@whisper.fans within 30 days after you first accept these Terms. If we make a material change to this Section 14, you may also opt out within 30 days after we notify you of the change. Your notice must include your name, the email address on your Whisper account, and a clear statement that you want to opt out of this arbitration agreement. Opting out does not affect any other part of these Terms.

14.11 Severability. If any part of this arbitration agreement is found invalid, it will be modified to the minimum extent necessary to make it enforceable, and the rest of this arbitration agreement remains in effect.