WheraLegal

End User License Agreement (EULA) — Beta

BETA VERSION — This document is provided for use during Whera's private beta testing period. It is substantially complete but has not yet undergone final legal review. This version is not intended for public distribution. A finalized version will be published before public launch.

Effective date: Effective upon acceptance during private beta period Entity: Whera LLC, a Wyoming limited liability company Last updated: 2026-02-07

Relationship to other agreements: This EULA governs your license to use the Whera mobile application software. It supplements the Terms of Service (which governs your use of the Whera service) and the Privacy Policy (which governs how your data is handled). In the event of a conflict between this EULA and the Terms of Service, the Terms of Service prevail for service-related matters; this EULA prevails for software license matters. If you reside in the European Economic Area, United Kingdom, or Switzerland, the EU / EEA Terms of Service Addendum also applies.

1. Agreement to Terms

By downloading, installing, or using the Whera application ("App"), you agree to be bound by this End User License Agreement. If you do not agree, do not download, install, or use the App.

If you are under 18 years of age (or the age of majority in your jurisdiction), your parent or legal guardian must agree to this EULA on your behalf. See the Terms of Service, Section 3 (Eligibility) for age requirements.

2. License Grant

2A. Scope of License

Subject to your compliance with this EULA and the Terms of Service, Whera LLC grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

  • Download and install the App on mobile devices that you own or control
  • Use the App for your personal, non-commercial purposes in accordance with the Terms of Service and your subscription tier

This license is granted solely for the purpose of enabling you to use the Whera service as provided by Whera LLC.

2B. Device Limits

  • You may install the App on up to 5 personal devices simultaneously per account.
  • All devices must be under your ownership or control. Installing the App on a device belonging to another person for the purpose of tracking that person without their knowledge or consent is a violation of this EULA and the Terms of Service.

2C. No Ownership Transfer

This license does not grant you any ownership interest in the App or its underlying technology. All rights not expressly granted in this EULA are reserved by Whera LLC.

3. License Restrictions

You agree not to:

3A. Reverse Engineering and Modification

  • Reverse-engineer, decompile, disassemble, or attempt to derive the source code of the App, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation (e.g., EU Directive 2009/24/EC on the legal protection of computer programs, which permits decompilation for interoperability purposes under specific conditions)
  • Modify, adapt, translate, or create derivative works based on the App
  • Remove, alter, or obscure any copyright, trademark, or other proprietary notices in the App

3B. Distribution and Transfer

  • Copy, distribute, sublicense, lease, lend, rent, or otherwise transfer the App or any rights to the App to any third party
  • Make the App available over a network where it could be used by multiple devices simultaneously beyond the device limits in Section 2B, except as part of normal use of the service (e.g., the same account signed in on multiple personal devices)

3C. Circumvention and Exploitation

  • Circumvent, disable, or interfere with any security, licensing, or access control mechanisms in the App
  • Use the App to develop a competing product or service, or to perform competitive analysis, benchmarking, or feature extraction for the benefit of a competing product
  • Use automated tools (bots, scripts, scrapers) to interact with the App, extract data from the App, or simulate user activity
  • Exploit bugs, vulnerabilities, or unintended behavior in the App for any purpose other than responsible disclosure to security@whera.app

3D. Misuse

  • Use the App in any manner that violates the Acceptable Use Policy or the Terms of Service
  • Use the App to transmit malicious code, interfere with other users, or compromise the integrity or performance of the service
  • Use the App for any purpose that is unlawful under applicable law

4. Open-Source Components

4A. Acknowledgment

The App incorporates open-source software components, each of which is licensed under its own applicable open-source license. A list of open-source components and their respective licenses is available within the App under Settings > Legal > Open Source Licenses, and at whera.app/legal/open-source.

4B. License Precedence

To the extent that the terms of any open-source license require different treatment than what this EULA provides for those specific components, the open-source license terms govern for those components only. This EULA continues to govern all proprietary portions of the App.

4C. No Warranty for Open-Source Components

Open-source components are provided "as is" under their respective licenses. Whera LLC makes no additional warranty or representation regarding open-source components beyond what their respective licenses provide.

5. Updates and Modifications

5A. App Updates

  • Whera may release updates to the App from time to time, including bug fixes, security patches, new features, and performance improvements.
  • Some updates may be delivered automatically through your device's app store. You agree that Whera may deliver automatic updates and that these updates are part of the App and subject to this EULA.
  • Certain updates may be required to continue using the service. If you decline a required update, some or all features may become unavailable. Whera will clearly indicate when an update is required.

5B. Minimum Supported Versions

  • Whera maintains minimum supported versions for iOS and Android. When a version is deprecated, users on that version will receive advance notice (at least 30 days) and guidance on how to update.
  • Whera is not obligated to maintain backward compatibility with operating system versions or device hardware that have reached end-of-life with their respective manufacturers.

5C. EULA Modifications

  • Whera may update this EULA from time to time. Material changes will be communicated through the same mechanisms described in the Terms of Service, Section 1 (Acceptance of Terms) — in-app notice and/or email with at least 30 days' advance notice.
  • Continued use of the App after the notice period constitutes acceptance of the updated EULA.
  • Where applicable law requires affirmative consent to EULA changes, Whera will seek your explicit consent before changes take effect. See Terms of Service, Section 1 for full details on the change notification process.

6. Intellectual Property

6A. Whera's Ownership

The App, including but not limited to its source code, object code, design, architecture, user interface, graphics, icons, documentation, and all associated intellectual property rights, is the exclusive property of Whera LLC or its licensors. The App is protected by copyright, trademark, trade secret, and other intellectual property laws of the United States and international jurisdictions.

6B. Trademarks

"Whera," the Whera logo, and associated brand elements are trademarks or registered trademarks of Whera LLC. Nothing in this EULA grants you any right to use Whera's trademarks without prior written consent.

6C. Feedback

If you provide suggestions, feature requests, bug reports, or other feedback about the App ("Feedback"), you grant Whera LLC a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license to use, modify, and incorporate that Feedback into the App or service without obligation to you. This license does not extend to any personal data included in the Feedback — personal data is handled per the Privacy Policy.

7. Data Collection and Privacy

The App collects and processes data as described in the Privacy Policy. By using the App, you acknowledge and agree to the data practices described therein.

Key points relevant to this EULA:

  • Location data is the core data type collected by the App. Location data handling differs by privacy mode (Enhanced Privacy vs Enhanced Features) as described in the Terms of Service, Section 6 and the Privacy Policy.
  • Device permissions. The App requires certain device permissions (location services, notifications, Bluetooth for off-grid features) to function. You may revoke these permissions at any time through your device settings, but doing so may limit or disable certain features.
  • Background location access. The App may request background location access to provide continuous location sharing and safety features (SOS, crash detection, geofence alerts). Background location access is opt-in and can be revoked at any time. The App will clearly explain why background location is requested and what features depend on it.
  • Local data storage. The App stores data locally on your device, including cached location history, offline map tiles (if downloaded), encryption keys (in Enhanced Privacy mode), and app preferences. This data is subject to your device's own security protections (device encryption, passcode, biometrics). Whera is not responsible for unauthorized access to locally stored data resulting from a lost, stolen, or compromised device.

8. Third-Party Services and Platforms

8A. App Store Terms

The App is distributed through the Apple App Store and Google Play Store. Your use of the App is also subject to the terms and conditions of the applicable app store. In the event of a conflict between this EULA and the app store terms, the app store terms prevail with respect to distribution and payment matters.

8B. Apple-Specific Terms

If you downloaded the App from the Apple App Store, the following additional terms apply:

  • This EULA is between you and Whera LLC, not Apple Inc. Apple is not a party to this agreement.
  • Apple has no obligation to furnish any maintenance or support services for the App.
  • In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the App.
  • Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.
  • Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights.
  • Apple and its subsidiaries are third-party beneficiaries of this EULA and, upon your acceptance, Apple has the right (and is deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary.

8C. Google Play-Specific Terms

If you downloaded the App from Google Play, the following applies:

  • This EULA is between you and Whera LLC, not Google LLC.
  • Google is not responsible for the App, its content, or any claims related to your use of the App.
  • Your use of the App is also subject to the Google Play Terms of Service.

8D. Third-Party Libraries and Services

The App may integrate with third-party services (map providers, analytics, payment processors, mesh networking protocols) as described in the Terms of Service, Section 11 and the Privacy Policy. These integrations are subject to their respective terms and privacy policies.

9. Off-Grid and Hardware Integration Features

9A. LoRa Mesh Hardware (Meshtastic, MeshCore)

  • Certain premium features may allow the App to connect to third-party LoRa mesh radio hardware (e.g., Meshtastic-compatible or MeshCore-compatible devices) via Bluetooth Low Energy (BLE).
  • Whera does not manufacture, sell, or warrant any third-party hardware. The purchase, operation, and maintenance of LoRa radio hardware is your responsibility.
  • Whera is not liable for hardware malfunction, radio interference, regulatory non-compliance with local radio transmission laws, or data loss resulting from hardware failure.
  • Regulatory responsibility. LoRa radio transmission is subject to local regulations (e.g., FCC Part 15 in the United States, ETSI EN 300 220 in Europe). You are responsible for ensuring that any radio hardware you use complies with the laws of your jurisdiction. Whera does not guarantee that third-party hardware meets local regulatory requirements.

9B. BLE Peer-to-Peer Features

  • The App may offer BLE-based peer-to-peer location sharing with nearby Whera users. This feature operates using your phone's built-in Bluetooth hardware and does not require additional equipment.
  • BLE range is limited (typically 50–100 meters). Whera makes no guarantee regarding BLE range, reliability, or background performance, which vary significantly by device manufacturer, operating system version, and environmental conditions.

9C. Satellite Integration (Future)

  • Future versions of the App may integrate with native satellite messaging capabilities (e.g., iPhone satellite messaging, Android satellite SOS) when platform APIs become available. These features will be subject to the terms of the satellite service provider and may carry additional costs not set by Whera.

10. Warranty Disclaimer

10A. "As Is" Provision

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, the App is provided "AS IS" and "AS AVAILABLE" without warranty of any kind, whether express, implied, or statutory. Whera LLC expressly disclaims all warranties, including but not limited to:

  • Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
  • Warranties that the App will be uninterrupted, error-free, secure, or free of viruses or harmful components
  • Warranties regarding the accuracy, reliability, or completeness of any location data, map data, or safety alerts provided through the App
  • Warranties that the App will be compatible with all devices, operating systems, or network conditions

10B. GPS and Location Accuracy

The App relies on GPS hardware and location services provided by your device's operating system. Location accuracy is subject to hardware limitations, satellite geometry, atmospheric conditions, environmental interference (buildings, terrain, foliage), and operating system behavior. Whera does not guarantee any specific level of location accuracy and is not liable for decisions made in reliance on location data.

10C. Safety Feature Warranty

Safety features (SOS alerts, crash detection, departure alerts) are provided as supplemental tools and are not guaranteed to function in all conditions. See Terms of Service, Section 9 (Safety Features Disclaimer) for detailed limitations.

10D. Consumer Statutory Rights

Nothing in this section excludes or limits statutory warranty rights that cannot be waived under applicable law. If you are a consumer in the European Economic Area, United Kingdom, Australia, or other jurisdiction with mandatory warranty protections, this disclaimer applies only to the extent permitted by the consumer protection laws of your jurisdiction. Where a statutory warranty applies, Whera's liability is governed by the applicable statutory framework rather than this section.

11. Limitation of Liability

The limitation of liability provisions in the Terms of Service, Section 13 apply in full to this EULA and are incorporated by reference. To summarize:

  • Exclusion of consequential damages to the maximum extent permitted by law (ToS §13A)
  • Liability cap of the greater of 12 months' subscription fees or $100 USD (ToS §13B)
  • Exceptions for gross negligence, willful misconduct, fraud, and death/personal injury caused by negligence (ToS §13C)
  • Consumer statutory rights preserved where mandatory law prohibits limitation (ToS §13C)

For full details, see the Terms of Service, Section 13.

12. Export Compliance

You agree not to export, re-export, or transfer the App in violation of applicable export control laws, including but not limited to:

  • United States Export Administration Regulations (EAR)
  • International Traffic in Arms Regulations (ITAR)
  • Economic sanctions administered by the U.S. Office of Foreign Assets Control (OFAC)

You represent that you are not located in a country subject to a U.S. government embargo and that you are not on any U.S. government restricted party list.

13. U.S. Government End Users

If the App is acquired by or on behalf of the United States Government, it is provided with "Restricted Rights" as defined in FAR 52.227-14 and DFARS 252.227-7014. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions set forth in this EULA.

14. Termination

14A. Termination of License

This license is effective until terminated. Your rights under this EULA terminate automatically if you fail to comply with any of its terms. Upon termination:

  • You must cease all use of the App and delete all copies from your devices
  • Whera may remotely disable the App's functionality on your devices
  • Termination of this license does not affect any rights or obligations that accrued before termination

14B. Relationship to Service Termination

Termination of your Whera account (whether by you or by Whera under the Terms of Service, Section 15) automatically terminates this EULA. Termination of this EULA does not independently terminate your Whera account — you must separately delete your account per the Terms of Service, Section 4C.

14C. Survival

Sections 3 (License Restrictions), 6 (Intellectual Property), 10 (Warranty Disclaimer), 11 (Limitation of Liability), 12 (Export Compliance), and 16 (Governing Law and Dispute Resolution) survive termination of this EULA.

15. Severability

If any provision of this EULA is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable, consistent with the intent of the original provision.

16. Governing Law and Dispute Resolution

Governing law and dispute resolution for this EULA are governed by the Terms of Service, Sections 16 (Dispute Resolution) and 17 (Governing Law), which are incorporated by reference. To summarize:

  • US users: Wyoming law governs; disputes resolved by binding arbitration (with small claims and injunctive relief exceptions)
  • EEA/UK users: Mandatory local consumer protection law prevails; you may bring proceedings in your local courts; arbitration is not required
  • All other users: Wyoming law governs, subject to mandatory local consumer protection laws

For full details, see the Terms of Service, Sections 16 and 17.

17. Entire Agreement

This EULA, together with the Terms of Service, Privacy Policy, Acceptable Use Policy, and (for EU Users) the EU / EEA Terms of Service Addendum, constitutes the entire agreement between you and Whera LLC regarding the App. This EULA supersedes any prior agreements or understandings related to the App.

18. Contact