WhatSpam Company Terms of Service

If you reside outside the European Union (EU), European Economic Area and Switzerland (“Europe”), You are entering into these Terms of Service with Whatspam Company Oy. Whatspam Company Oy (“Whatspam” or “we”) offers users (“Users” or “You”) global communication community services transacted through various software applications and services, including but not limited to the Whatspam application. These Terms of Service and the Whatspam Privacy Policy the “Terms”) will govern Your use of Whatspam’s software applications, websites, web service API, tools or other services and features provided by Whatspam from time to time (collectively “Services”). By accessing or using any of the Services, You agree to be bound by these Terms. By using the Whatspam application You confirm that You are a resident of the country outside Europe to which the international dialing code of the phone number that you have registered for access to our Services belongs. Where other third party services are made available as part of our Services, then the respective third party terms of service and privacy policy shall apply to any such use by You. If You are registering with Whatspam as a business entity, You represent that You have the authority to legally bind that entity.

1. Purpose and Content of the Terms of Service

1.1 These terms of use (hereinafter referred to as the "Terms") apply to the use of the Whatspam application (hereinafter referred to as the "Application"), the websites (addresses: whatspam.com and kilpi.app hereinafter referred to as the "Sites"), and the direct marketing prohibition services provided by the Whatspam Company Oy (hereinafter referred to as "Whatspam") to natural persons (hereinafter referred to as the "Services"). Natural persons can activate the Services for their use on the Sites.

1.2 Every natural person who registers as a user of the Application and Services (hereinafter referred to as the "User") must comply with the Terms when using the Application, Sites, and Services. By registering as a User of the Application or Services or by using the Sites, the User agrees to comply with the Terms.

2.3 The Terms do not separately define the content, functionality, or features of the Application, Sites, and Services. This information is available in the Application and on Whatspam's Sites

1.4 The User gains full access to the features of the Services and the Application by paying the fee for a Service. Prices related to the use of the Services and the Application can be found on the Sites, in the Application and Google Play and Apple Stores.

2. Registering as a User and Activating the Services and the Application

2.1 The User registers for the Application with their phone number through which they receive a code to activate the Application, or with social login credentials. Once the Application is activated, the User may choose to activate a Premium subscription through the Application. This gives the User an unlimited number of blocks. The Subscription is renewed monthly or annually until the User cancels the Subscription in the Application. The Application can also be used with a Free Subscription, but the functionalities of the Application will be more limited compared to those with a Subscription.

2.2 Only adult natural persons can be Users of the Application, Sites, and Services. By registering as a User, the User confirms that they meet these requirements.

3. User Rights

3.1 Upon registration, the User is granted a limited personal right to use the Application, the Sites, and the Services they utilize. This limited right includes the right to be registered in the Application and on the Sites and to activate for their use: i) Services through the Sites; and ii) Subscription through the Application. The User does not have any other rights, such as the right to modify the Application, the Sites, or the Services.

3.2 The granting of the limited right does not confer any other ownership, usage, intellectual property, or other rights to the Application, the Sites, the Services, or their content. All rights to the Application, Sites, and Services, such as ownership and intellectual property rights, remain with the respective owners.

4. User's Responsibilities

4.1 The User's right to use the Application, Sites, and Services is strictly personal.

4.2 The User may not transfer the right to use the Application, Sites, or Services to any third party.

4.3. The User agrees to keep the username and password received from Whatspam carefully so that unauthorized use of the Application, Sites, or Services is not possible with their credentials. The User also agrees to act in such a way that unauthorized use of the Application is not possible.

4.4. If the User notices or suspects that the Application, Sites, or Services are being used unlawfully, the User is obligated to notify Whatspam immediately. The User is fully responsible for any direct and indirect damages that may occur to Whatspam, other Users, or third parties as a result of the use of the Application, Sites, or Services with their credentials (whether authorized or unauthorized).

4.5. The Application, Sites, and Services contain features and functionalities protected by Whatspam's intellectual property rights, about which the User is informed upon registration. The User agrees not to disclose any of Whatspam's intellectual property rights they become aware of to any third party and to use them only for purposes corresponding to the content and purpose of the Application, Sites, and Services. The User is fully responsible for any direct and indirect damages that may occur to Whatspam, other Users, or third parties as a result of any misuse of Whatspam's intellectual property rights.

5. Whatspam's Rights and Obligations

5.1. Whatspam is not responsible for the availability, functionality, performance, or viruses of data communication connections, or the usability of the Application, Sites, and Services. Whatspam is not liable for any damages or losses of any kind to the User or any third party caused by (i) the use of the Application, Sites, or Services, (ii) the nonfunctionality of the Application, Sites, or Services, (iii) incorrectness, loss, or alteration of information on the Application, Sites, or Services, or (iv) other similar reasons.

5.2. If the use of the Services or the Application causes direct damage to the User, Whatspam's liability is limited to twenty (20) euros. However, if the User is a consumer, Whatspam is liable for such direct damage in accordance with consumer protection laws.

5.3. Whatspam is not liable under any circumstances for indirect damages or damages caused to third parties.

5.4. Whatspam has the right to unilaterally change the Terms and the content, availability, device requirements, functionality, features, or pricing of the Application, Sites, and Services at any time. The Application, Sites, and Services automatically require the User to accept the new Terms and the new product description and pricing attached to them the next time the User uses the Application or logs into the Sites and Services after the changes have come into effect.

5.5. Whatspam does not guarantee that the use of the Application, Services, or Sites will be uninterrupted or error-free. Whatspam has the right to discontinue the maintenance and provision of the Application, Sites, and/or Services entirely for a justified reason.

5.6. The Application, Services, or Sites may contain links to third-party websites or services. Whatspam is not responsible for these links or the content of third parties. The User is advised to review the applicable terms when visiting third-party websites or using third-party services.

6. Validity of the Terms

6.1. The Terms bind the User from the moment the User accepts them in the Application or on the Sites. The Terms continue to bind the User as long as the User uses the Sites, Services, or Application.

6.2. Whatspam has the right to terminate the User's right to use the Application, Sites, and Services with immediate effect if the User engages in behavior contrary to the Terms. As a result of terminating the right to use, the User's username and password or user account related to the Application, Sites, and Services will be invalidated. The User can terminate their right to use in the Application. Instructions for terminating the User of the Services can be found on the Sites.

6.3. The User cannot cancel the Subscription order if the delivery has started at the User's request and the User has confirmed as a result that they lose their right to cancel.

7. Other Terms and Conditions

7.1. Whatspam is not responsible for any costs related to the use of the Application, Sites, or Services, such as Users' data communication fees.

7.2.Any disputes arising from the use of the Sites, Application, or Services that cannot be resolved through negotiation between the User and Whatspam will be settled in the Helsinki District Court in Finland.