WheraLegal

Whera — EU / EEA Terms of Service Addendum

Effective date: Effective upon acceptance during private beta period Applies to: Users residing in the European Economic Area (EEA), United Kingdom, and Switzerland ("EU Users")
Entity: Whera LLC, a Wyoming limited liability company

This EU / EEA Terms of Service Addendum ("EU Addendum") supplements the Whera Terms of Service (the "Main Terms").

If you are an EU User, this EU Addendum applies to you and overrides the Main Terms only to the extent required by mandatory local law. If there is a conflict between this EU Addendum and the Main Terms, this EU Addendum prevails for EU Users.

1. Mandatory Consumer Rights

Nothing in the Main Terms limits or excludes your mandatory consumer rights under applicable EU, EEA, UK, or Swiss law, including but not limited to:

  • Directive 2011/83/EU (Consumer Rights Directive)
  • Directive 93/13/EEC (Unfair Contract Terms Directive)
  • Directive (EU) 2019/770 (Digital Content and Digital Services Directive)
  • UK Consumer Rights Act 2015
  • Applicable national implementing legislation

Where any provision of the Main Terms would be unenforceable under mandatory consumer protection law, that provision applies only to the maximum extent permitted by law, or not at all.

2. Governing Law and Jurisdiction (EU Users)

For EU Users:

  • These Terms are governed by the laws of your country of residence, to the extent required by mandatory consumer protection law.
  • You may bring legal proceedings in the courts of your country of residence.
  • Any choice-of-law or forum-selection clause in the Main Terms that would require proceedings to be brought outside your country of residence does not apply where prohibited by law.

3. Dispute Resolution and Arbitration

3.1 No Mandatory Arbitration

EU Users are not subject to mandatory binding arbitration.

Any arbitration clause, class action waiver, or mandatory forum selection provision in the Main Terms does not apply to EU Users where prohibited by applicable consumer protection law.

3.2 EU Online Dispute Resolution (ODR)

If you are an EU consumer, you may submit a complaint through the European Commission's Online Dispute Resolution (ODR) platform:

https://ec.europa.eu/consumers/odr

Whera's contact email for ODR purposes: legal@whera.app

Use of the ODR platform is voluntary unless otherwise required by local law.

4. Right of Withdrawal (Cooling-Off Period)

4.1 Statutory Right of Withdrawal

If you purchase a paid subscription as an EU consumer, you generally have the right to withdraw from the contract within 14 days of purchase without giving any reason, unless an exception applies.

4.2 Digital Services and Waiver

Where permitted under Article 16(m) of the Consumer Rights Directive:

  • By accessing premium features immediately after purchase, you expressly consent to the immediate performance of the service.
  • You acknowledge that this consent may result in the loss or reduction of your statutory right of withdrawal.
  • Confirmation of this consent will be provided through the purchase flow or confirmation email.

If your withdrawal right has not been validly waived, you may exercise it by contacting support@whera.app within the applicable period.

5. Digital Service Conformity

Under applicable EU digital services law:

  • Whera must provide the service in conformity with the contract, including features, functionality, compatibility, and performance as described at the time of purchase.
  • If the service is not in conformity, you may be entitled to statutory remedies, which may include:
    • Bringing the service into conformity
    • A proportionate price reduction
    • Termination of the contract and a refund

Any limitation of liability or remedy in the Main Terms does not affect these statutory rights.

6. Limitation of Liability (EU Interpretation)

6.1 General Rule

Any limitation or exclusion of liability in the Main Terms applies only to the extent permitted under applicable EU, UK, or Swiss law.

6.2 No Limitation for Mandatory Categories

Nothing limits or excludes Whera's liability for:

  • Death or personal injury caused by negligence
  • Intentional misconduct or gross negligence
  • Breach of essential contractual obligations ("cardinal obligations"), where required by law
  • Any liability that cannot be excluded or limited under mandatory consumer protection law

Where liability caps or exclusions are unenforceable, Whera's liability is governed by the applicable statutory framework.

7. Indemnification (EU Users)

Any indemnification obligations in the Main Terms:

  • Apply only to the extent permitted by mandatory consumer protection law
  • Do not require EU Users to indemnify Whera for:
    • Ordinary or good-faith use of the service
    • Claims arising from Whera's own acts or omissions
    • Non-intentional conduct

If indemnification is unenforceable in your jurisdiction, it does not apply to you.

8. Safety Features and Consumer Protections

Disclaimers related to safety features (including SOS alerts, crash detection, and driving reports):

  • Do not limit or exclude statutory rights under EU product safety, consumer protection, or tort law
  • Do not apply where such limitations are prohibited
  • Are provided for transparency and user awareness only

Whera's safety features are supplemental digital tools and not emergency services.

9. Data Protection

This EU Addendum does not modify or limit your rights under:

  • Regulation (EU) 2016/679 (General Data Protection Regulation -- GDPR)
  • UK GDPR
  • Swiss Federal Act on Data Protection (FADP)

Your data protection rights -- including access, rectification, erasure, portability, objection, and the right to lodge a complaint with a supervisory authority -- are governed by applicable data protection law and Whera's Privacy Policy.

9A. Advertising (EU Users)

As described in Main Terms S7A, Whera's free tier displays non-personalized, contextual advertisements to adult users only (18+).

For EU Users, the following additional commitments apply:

  • Legal basis. Whera relies on legitimate interest (GDPR Art. 6(1)(f)) as the legal basis for serving non-personalized contextual ads. No consent is required for ads that do not process personal data for targeting. If any ad-related processing requires consent under applicable law (e.g., device storage access under the ePrivacy Directive), Whera will obtain that consent before such processing occurs.
  • No profiling for advertising. Whera does not engage in profiling as defined in GDPR Art. 4(4) for advertising purposes. Ad selection does not involve the evaluation of personal aspects, behavioral analysis, or automated individual assessment.
  • Ad partner compliance. Whera requires all ad network partners serving ads to EU Users to comply with GDPR and the ePrivacy Directive. Whera enters into data processing agreements (Art. 28 GDPR) with ad partners where those partners process personal data on Whera's behalf.
  • Right to object. Under GDPR Art. 21, you have the right to object to processing based on legitimate interest. If you object to ad-related processing, you may upgrade to a paid (ad-free) tier, or contact support@whera.app to discuss alternatives.
  • No ads for minors. Consistent with Main Terms S7A and applicable child protection laws, users under 18 are never shown advertisements.

10. Severability

If any provision of this EU Addendum is found invalid or unenforceable under applicable law, the remaining provisions remain in full force and effect.

11. Contact

For EU consumer inquiries, withdrawal requests, or legal notices:

This EU Addendum is intended to ensure compliance with mandatory EU, UK, and Swiss consumer protection laws and does not reduce or waive any rights that cannot be contractually limited.