Terms of Use

1. Purpose

These Terms of Use govern the use of the Whispever service accessible at whispever.com.

Whispever is an organization and support platform for estate planning, allowing users to centralize their documents, wishes, and important information intended for their loved ones.

2. Acceptance of Terms

By accessing and using Whispever, you unconditionally accept these Terms of Use.

If you do not accept these terms, please do not use the Service.

3. Definitions

• User or Client: any adult individual who has created an account on Whispever
• Trusted Contact: person designated by the User to access certain information after their death
• Account: secure personal space created by the User
• Data: all information, documents, and files provided by the User
• Services: all features offered by Whispever

4. Service Description

Whispever offers the following features:

4.1 Personal Digital Vault

• Centralization of important documents (IBAN, contracts, insurance, etc.)
• Organization into thematic sections
• Secure and encrypted storage (SHA-256 and AES-256)

4.2 After-Life Planning

• Recording of your last wishes (medical, funeral, spiritual, emotional)
• Creation of post-mortem messages (audio, video, text)

4.3 Precious Items Inventory

• Cataloging of items with monetary or sentimental value
• Assignment of beneficiaries for each item

4.4 Memory Sharing

• Sharing of memorable photos and videos
• Preservation of important moments for your loved ones

4.5 Holographic Will Template

• Generation of a will template from your data
• Warning: This document has no legal value without validation by a legal professional

4.6 Tools for Trusted Contacts

• Interactive checklist of post-death procedures
• Ready-to-fill letter templates
• Family coordination calendar
• Memorial ceremony web page

5. Positioning and Limitations

5.1 Nature of Service

Whispever is an organization and support tool. We are not a notary, lawyer, or legal advisor.

5.2 No Legal Value

• Documents generated by Whispever have no legal value
• Advice provided is for informational purposes only
• Some documents may support your rights but are not sufficient to enforce them
• The generated holographic will must be validated by a notary or lawyer to have legal value

5.3 Recommendation

We strongly recommend consulting a notary or lawyer for:

• Drafting a legally valid will
• Complex estate planning
• Any legal questions related to succession

6. Registration and User Account

6.1 Registration Requirements

To use Whispever, you must:

• Be an adult individual (18 years or older)
• Provide accurate and up-to-date information
• Create a secure password
• Accept these Terms of Use and the Privacy Policy

6.2 Account Responsibility

You are solely responsible for:

• The confidentiality of your login credentials
• All activities performed on your account
• Updating your personal information

In case of loss, theft, or unauthorized use of your account, you must immediately contact us at: contact@whispever.com

6.3 Account Suspension or Deletion

Whispever reserves the right to suspend or delete your account in case of:

• Violation of these Terms of Use
• Fraudulent or abusive use of the Service
• Non-payment of subscription
• Illegal activity

7. Trusted Contacts Operation

7.1 Designation

You can designate one or more trusted contacts who will have access to your data after your death.

7.2 Access Before Death

Before your death, trusted contacts have access only to the "My Wishes" section containing your last wishes.

7.3 Death Declaration Process

To access other data, a trusted contact must:

1. Upload an official death certificate to the platform
2. Automatic alert: You immediately receive an email alert
3. Opposition period: You have a period to object if you are still alive
4. Human verification: A Whispever staff member verifies the authenticity of the death certificate
5. Data release: If no objection and authentic certificate, the account is marked as deceased

7.4 Differentiated Access

Each trusted contact accesses only the data you have specifically assigned to them. Access may differ according to your wishes for each contact.

7.5 Revocation

You can modify or revoke your trusted contacts' access at any time via your user interface.

8. Intellectual Property

8.1 Service Content

Whispever holds all intellectual property rights to:

• The website, application, and their design
• Texts, graphics, logos, icons
• Features and algorithms
• The name "Whispever" and the logo

8.2 Your Content

You retain full ownership of all content you upload (documents, photos, videos, texts).

By using Whispever, you grant us a limited license to:

• Store and encrypt your content
• Display it in your interface
• Transmit it to your trusted contacts according to your instructions

This license ends when you delete your account.

8.3 Prohibitions

It is strictly forbidden to:

• Copy, reproduce, or modify Whispever's source code
• Create a competing service from Whispever
• Use robots, scrapers, or automated tools
• Perform reverse engineering

9. User Obligations

9.1 Compliant Use

You agree to:

• Use the Service in accordance with its intended purpose
• Not disrupt the operation of the Service
• Not attempt to access secured areas without authorization
• Respect the rights of other users

9.2 Illegal Content

It is prohibited to store or share via Whispever:

• Illegal, defamatory, or offensive content
• Content violating third-party rights
• Child pornography content
• Content inciting hatred, violence, or discrimination

9.3 Accuracy of Information

You are responsible for the accuracy of the information you provide. Whispever does not verify the authenticity or legality of your documents.

10. Whispever's Obligations and Responsibilities

10.1 Service Provision

We strive to provide a service that is:

• Available 24/7
• Secure and reliable
• Compliant with data protection standards

10.2 Limitations of Liability

Whispever cannot be held responsible for:

• Content provided by users: accuracy, legality, quality
• Decisions made based on information or templates provided
• Legal consequences related to the use of generated documents
• Temporary interruptions of the Service for maintenance
• Data loss in case of force majeure or cyberattack despite our security measures
• Disputes between users and trusted contacts
• Legal invalidity of documents not validated by a professional

10.3 Service Availability

The Service may be temporarily unavailable for:

• Scheduled maintenance (prior notification)
• Unforeseen technical issues
• Force majeure events

10.4 Verification of Death Certificates

Although we verify the authenticity of submitted death certificates, we cannot guarantee their validity 100%. This verification is performed in good faith by a member of our team.

11. Service Modification and Suspension

11.1 Modifications

Whispever reserves the right to modify, improve, or remove certain Service features at any time. Significant changes will be notified to you by email.

11.2 Temporary Suspension

We may temporarily suspend the Service for:

• Technical maintenance
• Security updates
• Resolution of critical issues

11.3 Service Closure

In case of permanent closure of Whispever:

• You will be notified at least 3 months in advance
• You will have the opportunity to retrieve all your data and files
• An export tool will be made available to you
• Current subscriptions will be refunded pro rata

12. Termination

12.1 Termination by User

You can terminate your account at any time by:

• Deleting your account via the user interface
• Sending a request to contact@whispever.com

Termination results in the permanent and irreversible deletion of all your data.

12.2 Termination by Whispever

We may terminate your account in case of:

• Serious or repeated violation of the Terms of Use
• Non-payment of subscription
• Fraudulent or illegal activity

A 30-day notice will be granted except in case of serious violation.

12.3 Effects of Termination

Upon termination:

• You lose access to your account
• All your data is permanently deleted
• Trusted contacts lose their access
• No refund is issued (except termination by Whispever without fault on your part)

13. Terms of Use Modifications

Whispever reserves the right to modify these Terms of Use at any time. Significant changes will be notified to you by email and/or via the Service interface.

Continued use of the Service after notification constitutes acceptance of the new Terms of Use.

14. Applicable Law and Jurisdiction

These Terms of Use are governed by French law.

In case of dispute, the parties agree to seek an amicable solution. Failing that, French courts will have sole jurisdiction.

15. Mediation

In accordance with Article L.612-1 of the Consumer Code, you may use a consumer mediator free of charge for the amicable resolution of a dispute opposing you to Whispever.

Mediator contact details: [To be completed]

Online dispute resolution platform: https://ec.europa.eu/consumers/odr

16. Contact

For any questions regarding these Terms of Use: