The website located at https://whitespacehq.ai/ (the "Site") is a copyrighted work belonging to Whitespace AI, Inc. ("Company", "us", "our", and "we"). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

THESE TERMS OF SERVICE (THESE "TERMS") SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE AND SERVICES. BY ACCESSING OR USING THE SITE OR SERVICES, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE.

PLEASE BE AWARE THAT SECTION 9.2 CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND COMPANY. AMONG OTHER THINGS, SECTION 9.2 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 9.2 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 9.2 CAREFULLY.

1. Accounts

1.1 Account Creation

In order to use certain features of the Site or Services, you must register for an account ("Account") and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site or contacting us. Company may suspend or terminate your Account in accordance with Section 9.1.

1.2 Account Responsibilities

You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

2. Your Content

2.1 Ownership

You retain all rights, title, and interest in any data, files, or materials you submit through the Site or Services ("Your Content"). We claim no ownership rights in Your Content.

2.2 License

You grant us a limited license to use Your Content solely as necessary to provide the Services to you. This license terminates when you delete Your Content or close your account.

2.3 Confidentiality

We treat Your Content as confidential and will not disclose it to third parties except as described in our Privacy Policy or as required by law.

2.4 Responsibility

You are solely responsible for Your Content and represent that you have all necessary rights to use it with the Services.

3. Access to the Site and Services

3.1 License

Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site and Services for your internal purposes.

3.2 Certain Restrictions

The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you shall not access the Site or Services in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.

3.3 Modification

Company reserves the right, at any time, to modify, suspend, or discontinue the Site or Services (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or Services or any part thereof.

3.4 Ownership

Excluding Your Content, you acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Site, Services and their content are owned by Company or Company's suppliers. Neither these Terms (nor your access to the Site or Services) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 3.1. Company and its suppliers reserve all rights not granted in these Terms.

4. SMS and Text Messaging Terms

This Section 4 sets out the terms and conditions of the Whitespace text messaging programme (the "Messaging Programme"), operated by Whitespace AI, Inc. It applies in addition to the rest of these Terms, and it applies whether or not you have an Account with us. By giving us your mobile number and consenting to receive text messages from Whitespace, you agree to this Section 4.

4.1 Consent

We will send you text messages only if you have given prior express written consent to receive them. Consent is given by an affirmative act, such as ticking an unticked box on a form, signing a document that includes the consent wording, or replying to a message to confirm. Your consent is not a condition of any purchase and you do not have to consent in order to buy anything from us or to use the Services. You represent that you are the subscriber or the customary user of the mobile number you give us, and that you are at least 18 years old.

4.2 Messages we send and why

Whitespace sends the following types of message to numbers that have opted in:

  • Conversational and customer service messages. Replies to enquiries you send us, and follow-up on a conversation you have started with our team.
  • Appointment messages. Confirmations, reminders, and rescheduling of calls, demonstrations, and meetings you have booked with us.
  • Account, service, and security notifications. Onboarding steps, one-time passcodes and verification codes, and operational alerts relating to your use of the Whitespace product, such as an integration or a workflow that needs your attention.
  • Product and marketing updates, where you have separately consented to receive them. These cover new Whitespace features, and occasional news and offers.

The purpose of the Messaging Programme is to reach you on the channel you have asked us to use for the customer service, scheduling, account, and (where consented) marketing purposes described above. We do not use the Messaging Programme to send content unrelated to Whitespace, and we do not send messages on behalf of anyone else.

4.3 Message frequency

Message frequency varies and depends on how you interact with us. Conversational, appointment, and account messages are sent as needed in response to your activity. Where you have consented to product and marketing updates, we expect to send no more than four such messages per month.

4.4 Cost

Message and data rates may apply. Whitespace does not charge you for the messages it sends, but your mobile carrier may charge you for each message sent or received, or the messages may count against your plan's allowance. Contact your carrier if you have questions about your plan or your bill.

4.5 How to opt out (STOP)

You can cancel the Messaging Programme at any time. Reply STOP to any message you receive from us. We will send a single message confirming that you have been unsubscribed, and after that we will send you no further messages unless you opt in again. We also honour QUIT, END, CANCEL, UNSUBSCRIBE, and OPTOUT. You can instead ask us to remove your number by emailing team@whitespacehq.ai or calling +1 (203) 429-9839. Opting out of text messages does not cancel your Account or affect your right to use the Services.

4.6 How to get help (HELP)

For help at any time, reply HELP to any message and we will respond with the name of the programme, our contact details, and instructions for opting out. You can also reach us at team@whitespacehq.ai or +1 (203) 429-9839, or read the answers on this page.

4.7 Carriers and delivery

The Messaging Programme is available on most major mobile carriers in the United States, but carrier participation may change and we cannot guarantee that your carrier supports it. Carriers are not liable for delayed or undelivered messages. Delivery depends on factors outside our control, including your carrier's network, your device, and your coverage. Not all mobile devices or handsets support every feature, and message content may display differently from device to device.

4.8 Changes to your number

You agree to tell us if you stop using the mobile number you gave us, by contacting team@whitespacehq.ai. You also agree that giving us a number you are not authorised to use, or failing to tell us when you give up a number, is a breach of these Terms, and you will indemnify us under Section 5 for any resulting claim.

4.9 Privacy

Your mobile number and your consent are handled as described in our Privacy Notice. In particular, no mobile information will be sold, rented, or shared with third parties or affiliates for marketing or promotional purposes, and text messaging originator opt-in data and consent will not be shared with any third parties other than the messaging providers who deliver the messages you have asked to receive.

4.10 Changes to this Section

We may change or end the Messaging Programme at any time. Material changes to this Section 4 will be reflected in the "last updated" date at the top of these Terms, and where required by law we will obtain fresh consent.

5. Indemnification

You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site or Services, (b) Your Content, (c) your violation of these Terms or (d) your violation of applicable laws or regulations. Company reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

6. Third-Party Links & Ads; Other Users

6.1 Third-Party Links & Ads

The Site or Services may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, "Third-Party Links & Ads"). Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so.

6.2 Other Users

Your interactions with other Site users are solely between you and such users. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.

7. Disclaimers

THE SITE AND SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE OR SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO 90 DAYS FROM THE DATE OF FIRST USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

8. Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, UNLESS OTHERWISE AGREED IN A SEPARATE WRITTEN AGREEMENT, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS ($50.00). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

9. Term and Termination; General

9.1 Term and Termination

Subject to this Section, these Terms will remain in full force and effect while you use the Site or Services. We may suspend or terminate your rights to use the Site or Services (including your Account) at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site and Services will terminate immediately. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2 through 9.

9.2 Dispute Resolution

Please read the following arbitration agreement in this Section carefully. It requires you to arbitrate disputes with Company and limits the manner in which you can seek relief from us.

(a) Applicability of Arbitration Agreement. You agree that any dispute between you and Company relating in any way to the Site, Services or these Terms will be resolved by binding arbitration, rather than in court, except that (1) you and Company may assert individualized claims in small claims court if the claims qualify; and (2) you or Company may seek equitable relief in court for infringement or other misuse of intellectual property rights.

(b) Informal Dispute Resolution. There might be instances when a Dispute arises between you and Company. If that occurs, Company is committed to working with you to reach a reasonable resolution. Before either party commences arbitration, we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute. The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference, which shall occur within 45 days after the other party receives such Notice. Notice to Company should be sent by email to: team@whitespacehq.ai

(c) Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum.

(d) Waiver of Jury Trial. EXCEPT AS SPECIFIED ABOVE YOU AND COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.

(e) Waiver of Class or Other Non-Individualized Relief. YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS.

(f) 30-Day Right to Opt Out. You have the right to opt out of this Arbitration Agreement by sending written notice of your decision to opt out to team@whitespacehq.ai, within 30 days after first becoming subject to this Arbitration Agreement.

9.3 Export

The Site and Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.

9.4 Disclosures

Company is located at the address in Section 9.8. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

9.5 Electronic Communications

The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing.

9.6 Entire Terms

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the use of the Site and Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

9.7 Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

9.8 Contact Information

team@whitespacehq.ai