Terms of Service — Beta Outline

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

Additional terms: If you reside in the European Economic Area (EEA), United Kingdom, or Switzerland, the EU / EEA Terms of Service Addendum ("EU Addendum") also applies to you. In the event of a conflict between these Terms and the EU Addendum, the EU Addendum prevails for EU Users.

1. Acceptance of Terms

• By creating an account or using Whera, you agree to these Terms.
• If you do not agree, do not use the service.
• We may update these Terms from time to time.
• Material changes — including but not limited to changes to subscription fees, data-sharing or data-processing practices, modifications to privacy modes, alterations to safety feature disclaimers, changes to dispute resolution or arbitration provisions, or the introduction of new features that affect your rights or obligations — will be communicated via in-app notice and/or email with at least 30 days' advance notice before taking effect. Your continued use of the service after the 30-day notice period constitutes acceptance of the updated Terms. If you do not agree to a material change, you must stop using the service and may delete your account before the change takes effect.
• Non-material changes — such as clarifications of existing language, formatting updates, typographical corrections, or UI-related references — may be posted at any time without advance notice. Continued use of the service after non-material changes are posted constitutes acceptance.
• Jurisdiction-specific consent. Where applicable law requires affirmative consent to changes in terms of service rather than acceptance through continued use, Whera will seek your explicit consent (e.g., via an in-app confirmation prompt) before changes take effect. If you do not provide consent, you may continue using the service under the prior version of the Terms for a reasonable transition period, after which you must accept the updated Terms or discontinue use.
• The "Last updated" date at the top of these Terms reflects the most recent revision. We encourage you to review the Terms periodically.

2. Service Description

Whera is a family location sharing application. The service allows users to:

• Share real-time location with groups of their choosing
• Receive arrival and departure alerts for saved locations (geofences)
• Use safety features including SOS alerts and crash detection
• Choose between Enhanced Privacy (end-to-end encrypted) and Enhanced Features (server-processed) modes on a per-group basis

The free tier is supported by non-personalized, contextual advertising shown only to adult users (18+). Paid tiers are ad-free. See Section 7A for our full advertising policy.

The service currently consists of mobile applications (iOS and Android), backend infrastructure, and associated APIs. A web dashboard is in development and not yet available — feature availability may vary across platforms. We will update these Terms as new platforms become generally available.

3. Eligibility

• You must be at least 13 years old to create a Whera account in the United States.¹
• Users between 13 and 18 (or the applicable minimum age in your jurisdiction) must have parental or guardian consent.
• Parents/guardians who create accounts on behalf of minors are responsible for that minor's use of the service.
• Whera may require parental consent verification before allowing account creation for users below the applicable age threshold. Verification methods may include, but are not limited to, credit card authorization, government-issued ID confirmation, signed consent forms, or other mechanisms reasonably designed to confirm guardian status. The specific verification method used may vary by jurisdiction and may change over time as regulatory requirements and available technologies evolve.
• Where local law requires a higher minimum age for account creation or data processing consent, that higher age applies. Whera may enforce age thresholds by geographic region.

¹ Age thresholds by jurisdiction: In the United States, the minimum account age of 13 reflects the Children's Online Privacy Protection Act (COPPA). In the European Economic Area, the General Data Protection Regulation (GDPR) sets the minimum age for data processing consent at 16 in some member states (with national variations as low as 13 under Article 8). Whera segments users by geography and applies the stricter local requirement where applicable. Parents and guardians may manage accounts for children below these thresholds as described in Section 5B.

4. Accounts

4A. Account Creation

• One account per person.
• You must provide accurate information (email address, name).
• You are responsible for maintaining the security of your account credentials.

4B. Account Security

• You are responsible for all activity under your account.
• If you suspect unauthorized access, you must notify us as soon as reasonably practicable after becoming aware, by contacting support@whera.app.
• Upon receiving an unauthorized access report, Whera may temporarily lock or restrict the account pending investigation to protect your data and the security of other users. We will make reasonable efforts to notify you of any such action and to restore access promptly once the investigation is resolved.
• We are not liable for losses from unauthorized use of your account, except to the extent caused by our failure to maintain reasonable security measures.

4C. Account Deletion

• You may delete your account at any time from within the app or by contacting support@whera.app.
• Upon deletion, we will delete or anonymize your personal data in accordance with our Privacy Policy. Specifically:
  • Your profile information, location history, and group contributions are deleted from active systems within 7 days of your deletion request.
  • Disaster-recovery backups containing your data are purged within 30 days of deletion. During this window, backup data is retained solely for system integrity purposes and is not used for any other purpose.
  • Aggregated, fully anonymized data that cannot be used to identify you (e.g., aggregate usage statistics) may be retained indefinitely.
• These deletion commitments are consistent with your right to erasure under applicable data protection laws, including GDPR Article 17 and CCPA §1798.105. If you believe your data has not been adequately deleted, contact legal@whera.app.

5. Consent and Location Sharing

5A. Informed Consent

• Location sharing is opt-in. You must explicitly enable location permissions and join a group before any location data is shared.
• You control which groups see your location and can revoke sharing at any time.
• Every group member has independently consented to share their location with the group.

5B. Minors

• Parents or guardians may manage location sharing for minor children in their care.
• Whera is not a covert surveillance tool. All group members can see who is in their group and that location sharing is active.

5B-1. Minor-to-Adult Transition

• When a user reaches the age of majority in their jurisdiction (18 in most regions), Whera will initiate an account transition process:
  1. Notification. The user receives an in-app prompt informing them that they are now eligible for full independent control of their account.
  2. Grace period. The former guardian retains their existing management permissions for a 30-day grace period following the user's birthday to allow for an orderly transition. During this period, both the user and the guardian can view and modify sharing settings.
  3. Account independence. At the end of the grace period — or earlier if the user affirmatively opts in — guardian management permissions are revoked. The user assumes full control of their account, including all location sharing settings, group memberships, and privacy mode selections.
  4. Immediate revocation right. At any point at or after reaching the age of majority, the user may affirmatively revoke guardian access, and guardian permissions will terminate immediately — without waiting for the grace period to expire. This right is unconditional and does not require the guardian's consent or approval. Whera will provide a clear, accessible mechanism within the app to exercise this right.
  5. Guardian notification. The former guardian is notified when the transition completes and their management permissions are removed — whether through grace period expiry, voluntary opt-in, or immediate revocation.
  6. Group ownership. If the transitioning user is a member of groups created or administered by their guardian, group membership is preserved but the guardian retains group admin rights. The user may choose to leave any group at any time after transition.
• The user may request early transition (before the age of majority) by contacting support@whera.app. Early transition requests are evaluated on a case-by-case basis and may require guardian consent.

5C. No Covert Tracking

• Whera does not support installing location tracking on someone's device without their knowledge, including through social engineering, deceptive practices, or the manipulation of consent flows (e.g., coercing or deceiving another person into granting location permissions or joining a group under false pretenses).
• All users receive clear, persistent indicators that location sharing is active.
• Misuse of Whera for stalking, harassment, or non-consensual surveillance is grounds for immediate termination.

5C-1. Reporting Abuse

• If you believe Whera is being used to track, stalk, or harass you or someone you know without consent, you may report the abuse through:
  • The in-app "Report Abuse" feature (available in group settings and user profiles)
  • Email to abuse@whera.app
  • For immediate safety concerns, contact local law enforcement directly — Whera is not an emergency service
• Whera will review all abuse reports promptly and may take action including but not limited to: suspending the reported account, removing the reported user from groups, restricting account functionality, or permanently terminating the account. The outcome of the review will be communicated to the reporter where practicable.
• We take abuse reports seriously and will not penalize users for making good-faith reports.

5C-2. Law Enforcement Cooperation

• Whera will cooperate with law enforcement authorities when presented with a valid subpoena, court order, or other legally binding process regarding alleged stalking, harassment, domestic violence, or other criminal conduct facilitated through the service.
• For data held in Enhanced Features mode, Whera can provide account information and location data responsive to the legal process. For data held in Enhanced Privacy mode (end-to-end encrypted), Whera can only provide encrypted ciphertext and associated account metadata — we do not possess decryption keys. See Section 19 for details on E2E encryption limitations.
• Law enforcement requests should be directed to legal@whera.app or served upon our registered agent in Wyoming.
• Whera may notify affected users of law enforcement requests unless prohibited by law or court order from doing so.

6. Privacy Modes

6A. Enhanced Privacy Mode

• Location data is end-to-end encrypted on-device before transmission.
• Whera's servers cannot access, read, or process your location coordinates in this mode.
• Because Whera cannot read this data, certain server-side features (geofence alerts, speed alerts, driving reports) are unavailable.
• If you lose your encryption keys (e.g., lose all devices without backup), your encrypted location history cannot be recovered. Whera cannot decrypt this data. This is a fundamental property of end-to-end encryption, not a limitation we can override.
• Key backup responsibility. You are strongly encouraged to maintain a backup of your encryption keys using one or more of the following methods:
  • Whera's built-in key backup feature (encrypted backup to your personal cloud storage account — e.g., iCloud Keychain, Google Cloud Key Vault, or similar)
  • Manual export of your recovery phrase, stored in a secure offline location (e.g., written down and kept in a safe)
  • Maintaining at least two active devices signed into your Whera account, so that keys can be transferred between them
• Whera will prompt you to set up a key backup method upon enabling Enhanced Privacy mode for the first time and will periodically remind you if no backup is detected. These prompts are advisory — you may dismiss them, but you acknowledge and accept the risk of permanent data loss if you choose not to back up your encryption keys.

6B. Enhanced Features Mode

• Location data is encrypted in transit (TLS) and at rest, but is readable by Whera's servers to enable features like geofence alerts, crash detection auto-escalation, and driving reports.
• Whera does not sell, rent, or share your location data with third parties for advertising or data brokerage purposes. See Privacy Policy for full data handling details.
• No profiling. Whera does not use your location data to build behavioral or advertising profiles, serve targeted advertisements, or infer personal characteristics (e.g., religious affiliation, political activity, health conditions, or shopping habits) from your movement patterns. Location data processed in Enhanced Features mode is used solely to deliver the features you have enabled and is not repurposed for any secondary commercial use. This commitment applies regardless of whether you are on a free or paid tier — the contextual ads shown on the free tier (see Section 7A) do not use any data from Enhanced Features processing.

6C. Mode Selection

• Each group independently operates in either Enhanced Privacy or Enhanced Features mode.
• Mode changes are admin-initiated. Only group administrators may change a group's privacy mode. Mode changes do not require a vote or unanimous consent from group members.
• Member notification and opt-out. All group members are notified in-app when an admin initiates a mode change. The change takes effect after a 48-hour notice period during which any member may choose to leave the group before the new mode is applied. Members who remain in the group after the notice period are deemed to have consented to the new mode.
• If a mode change would reduce privacy protections (i.e., switching from Enhanced Privacy to Enhanced Features), the notification will clearly explain that location data will become server-readable and which additional features will be enabled.
• The same user may participate in groups with different modes simultaneously.
• Switching modes does not retroactively change how previously collected data was stored or encrypted. Data collected under Enhanced Privacy mode remains end-to-end encrypted; data collected under Enhanced Features mode remains server-readable.

7. Subscriptions and Payment

7A. Free Tier and Advertising

• Whera offers a free tier with limited features.
• Advertising on the free tier. The free tier displays advertisements to users who are 18 years of age or older. Whera serves non-personalized, contextual ads only. We do not use your location data, browsing history, personal identifiers, or any other personal information for ad targeting, profiling, or behavioral tracking.
• What "contextual" means. Ad selection is based solely on non-personal factors such as general app context (e.g., "you are using a family location sharing app"), approximate region (country-level, not precise location), device platform (iOS/Android), and time of day. Contextual ads do not require or use any information about you as an individual.
• What we never do with ads. Whera does not and will not:
  • Use your location data, location history, or movement patterns to select, target, or personalize advertisements
  • Share your personal data with advertisers or ad networks for targeting purposes
  • Allow advertisers to target you based on your Whera profile, group membership, places, zones, or any other in-app data
  • Build or contribute to advertising profiles about you, whether within Whera or through third-party ad tech platforms
  • Use device fingerprinting, cross-app tracking identifiers, or similar technologies for ad personalization
• No ads for minors. Users under 18 are not shown advertisements. If age cannot be verified, Whera defaults to not showing ads.
• No ads on paid tiers. All paid subscription tiers are entirely ad-free.
• Ad network data practices. While Whera does not share personal data with ad networks for targeting, the ad networks themselves may collect limited technical data (e.g., IP address, device type) as part of serving ads. Whera selects ad partners whose practices are compatible with our privacy commitments and requires contractual restrictions on any data these partners collect through the Whera app. See our Privacy Policy for details on our ad partners and their data practices.

7B. Paid Subscriptions

• Paid tiers (Mid, Standard, Premium, Enterprise) are billed monthly or annually.
• Prices are displayed before purchase and may vary by payment channel.
• All prices are in USD unless otherwise stated.

7C. Payment Channels

• In-app purchases (Apple App Store, Google Play): Subject to the respective platform's billing terms, refund policies, and payment processing.
• Web subscriptions (Stripe): Billed directly. Refund requests handled by Whera.
• Subscriptions purchased through different channels are governed by the billing terms of that channel.

7C-1. Statutory Withdrawal Rights (EU/EEA)

• Where required by applicable law, you may have a statutory right to withdraw from a subscription within 14 days of purchase without giving any reason (the "cooling-off period"), as provided under the EU Consumer Rights Directive (2011/83/EU).
• By subscribing and accessing premium features immediately, you expressly consent to the immediate performance of the service and acknowledge that this may limit or waive your statutory withdrawal rights to the extent permitted by applicable law.
• If you exercise your withdrawal right before the 14-day period expires and before accessing premium features, you are entitled to a full refund. If you have already accessed premium features during the cooling-off period, any refund may be reduced proportionally to reflect the service received.
• To exercise your withdrawal right, contact support@whera.app with your account details and a clear statement of your decision to withdraw.

7D. Auto-Renewal

• Subscriptions automatically renew unless cancelled before the end of the current billing period.
• Whera will send a reminder email 7 days before your subscription renews, including the renewal date, amount to be charged, and instructions for cancelling if you choose not to renew.
• Apple: Cancel at least 24 hours before period end via Settings > Apple ID > Subscriptions.
• Google: Cancel via Google Play > Subscriptions.
• Web: Cancel via account settings on whera.app or by contacting support@whera.app.

7E. Price Changes

• We may change subscription prices with at least 30 days' notice.
• Price changes apply at the next renewal, not mid-cycle.
• If you do not agree to a price change, cancel before the next renewal.

7F. Refunds

• Apple/Google purchases: Refunds for subscriptions purchased through the Apple App Store or Google Play are subject to the respective platform's refund policies. Whera will assist you with the claim process where possible but is not responsible for the platform's final refund decision.
• Web purchases: Contact support@whera.app. Refunds are evaluated on a case-by-case basis. For annual plans, pro-rated refunds may be available, calculated as: (remaining full months ÷ total months in the billing period) × price paid. Partial months are not refunded. Monthly plans are generally not eligible for pro-rated refunds.
• Refunds are issued to the original payment method unless that method is no longer available, in which case we will work with you to arrange an alternative.
• For statutory withdrawal rights applicable to EU/EEA subscribers, see Section 7C-1.

7G. Downgrade Behavior

• If you downgrade or cancel, premium features are disabled at the end of the current billing period.
• Data beyond your new tier's limits (e.g., location history) is preserved but inaccessible until you upgrade again.
• Excess groups are archived, not deleted. Archived groups remain visible in read-only mode for 90 days from the date of downgrade. During this period, you may upgrade to restore full access. After 90 days, archived groups and their associated data are permanently deleted and cannot be recovered.
• Before the 90-day archive period expires, Whera will send a reminder notification (in-app and/or email) giving you the opportunity to upgrade or export your data.

8. Acceptable Use

You agree not to use Whera to:

• Track any person without their knowledge and consent
• Stalk, harass, threaten, or intimidate any person
• Infer, deduce, or attempt to determine any person's characteristics protected under applicable anti-discrimination laws — including but not limited to race, ethnicity, religion, sexual orientation, gender identity, political affiliation, health status, or disability — from their location data, movement patterns, or other information available through the service, without that person's explicit consent
• Violate any applicable law or regulation
• Interfere with or disrupt the service or servers
• Reverse-engineer, decompile, or disassemble the application
• Create derivative works based on the service
• Use automated means (bots, scrapers) to access the service
• Circumvent any access controls, rate limits, or security measures
• Impersonate another person or entity
• Transmit malicious code
• Use the service for commercial purposes not authorized by your subscription tier

Violation of these terms may result in immediate account suspension or termination.

Good-Faith Reporting Protection

• Users who report suspected violations of these Acceptable Use terms in good faith — including reports of stalking, harassment, non-consensual tracking, or discriminatory misuse — are protected from retaliation through the service. Whera will not suspend, penalize, or restrict the account of a user solely for making a good-faith abuse report.
• "Good faith" means the reporter genuinely believes a violation has occurred based on the information available to them, even if the report ultimately proves to be unfounded after investigation.
• Abuse of the reporting system — including knowingly filing false reports to harass another user or to manipulate account actions — is itself a violation of these Terms and may result in action against the reporter's account.

9. Safety Features Disclaimer

9A. SOS Button

• The SOS feature sends your location and an alert to your designated emergency contacts.
• Whera does not contact emergency services (911) on your behalf unless you explicitly choose the optional 911 call feature.
• Whera is not a substitute for calling 911 or local emergency services.
• Delivery of SOS alerts depends on network connectivity and device functionality.
• In-app acknowledgment. Before enabling SOS alerts, you will be asked to confirm that you understand this feature depends on network connectivity, is not a substitute for calling emergency services, and that alert delivery is not guaranteed. This acknowledgment is a condition of activating the feature.

9B. Crash Detection

• Crash detection uses phone sensors to identify potential vehicle collisions.
• This feature is not guaranteed to detect all crashes and may produce false positives.
• Crash detection does not automatically contact emergency services — it sends alerts to your emergency contacts and prompts you to confirm.
• Do not rely on Whera as your sole crash notification system.
• In-app acknowledgment. Before enabling crash detection, you will be asked to confirm that you understand this feature is supplemental, is not guaranteed to detect all incidents, and does not replace calling emergency services or exercising personal judgment. This acknowledgment is a condition of activating the feature.

9C. Speed and Driving Alerts

• Speed alerts and driving reports are informational only.
• Speed readings depend on GPS accuracy and may not reflect actual vehicle speed.
• Whera is not a substitute for safe driving practices or parental supervision.

9D. General Safety Disclaimer

• Whera is a supplemental safety and awareness tool, not an emergency service.
• We do not guarantee uninterrupted availability, timely delivery of alerts, or accuracy of location data.
• Location accuracy depends on device hardware, GPS signal quality, and environmental conditions. Industry-standard GPS accuracy on consumer smartphones is typically 3–5 meters in open-sky conditions but may degrade significantly indoors, in dense urban environments, in canyons or heavily forested areas, or during atmospheric interference. Whera cannot exceed the accuracy provided by your device hardware and operating system.
• To the maximum extent permitted by applicable law, Whera is not liable for any injury, loss, death, or damage — whether to you or to any third party — resulting from:
  • Failure to receive, deliver, or display an SOS alert, crash detection notification, or any other safety-related alert
  • Delayed delivery of alerts due to network conditions, device state, or platform limitations
  • False positives or false negatives in crash detection
  • Inaccurate, incomplete, or outdated location data
  • Reliance on Whera as a substitute for calling emergency services, exercising personal judgment, or taking independent safety precautions
• You acknowledge that no software-based safety feature is infallible. Sensor-based features such as crash detection depend on device hardware capabilities, sensor calibration, environmental conditions, and the nature of the incident. Not all crashes, falls, or emergencies will be detected, and some non-emergency events may trigger false alerts.
• You are responsible for maintaining alternative means of contacting emergency services and should never rely solely on Whera for personal safety.

10. Intellectual Property

• The Whera name, logo, and brand assets are trademarks of Whera LLC.
• The service, including its design, code, and content, is protected by copyright.
• Your use of the service does not grant you any ownership rights.
• You retain ownership of any content you provide (e.g., profile information, profile pictures, group names, place names, custom zone labels).
• User-Generated Content License. By submitting content to Whera, you grant Whera LLC a non-exclusive, royalty-free, worldwide, sublicensable (solely to our infrastructure and service providers as necessary to operate the service), revocable license to use, store, display, and reproduce your content solely for the purpose of providing, maintaining, and improving the service. This license exists only for the duration your content remains on the platform and terminates upon deletion of the content or your account, subject to the backup retention timelines described in Section 4C.
• No promotional use. Whera will not use your content — including profile pictures, group names, location labels, or any other user-generated content — in marketing materials, advertising, promotional campaigns, social media posts, or any other public-facing context without your separate, explicit, written consent.
• You represent that you have the right to grant this license for any content you submit, and that your content does not infringe the intellectual property rights of any third party.

11. Third-Party Services

• Whera uses third-party services including but not limited to: map tile providers, push notification services, payment processors, analytics providers, and cloud infrastructure.
• Your use of Whera is also subject to the terms and privacy policies of these providers where applicable.
• Map tile providers. Whera relies on third-party map tile providers (e.g., OpenStreetMap, MapLibre, or similar services) to render map data within the app. These providers may have their own terms of service, including restrictions on commercial use, data extraction, bulk downloading, or redistribution of map data. Your use of map features within Whera is subject to those terms. Whera does not claim ownership of third-party map data.
• Whera is not responsible for third-party service availability, changes to their terms, or interruptions in their services. If a third-party provider discontinues or materially changes their service in a way that affects Whera functionality, we will make reasonable efforts to transition to an alternative provider but do not guarantee uninterrupted availability of affected features.

12. Service Availability

• We aim for high availability but do not guarantee uninterrupted service.
• We may suspend or restrict access for maintenance, security incidents, or operational reasons.
• We will provide reasonable notice for planned downtime when possible.
• We are not liable for any loss or damage resulting from service unavailability.

12A. Service Level Commitment

Enterprise and Business Tiers

• For users on Enterprise or Business subscription tiers, Whera commits to a monthly uptime target of 99.9%, measured as the percentage of minutes in a calendar month during which the core service (location sharing, group management, and alert delivery) is operational and accessible.
• Excluded from uptime calculations: Scheduled maintenance windows (communicated at least 24 hours in advance), force majeure events (natural disasters, widespread infrastructure failures, government actions), third-party service outages beyond Whera's control, and client-side issues (device, OS, or local network problems).
• Service credits. If Whera fails to meet the 99.9% monthly uptime target, eligible subscribers may request a service credit as follows:

• Credits must be requested within 30 days of the affected month by contacting support@whera.app. Credits are applied to future billing cycles and are not redeemable for cash. Credits are capped at 50% of the affected month's subscription fee and represent your sole and exclusive remedy for downtime.

Consumer Paid Tiers (Mid, Standard, Premium)

• For users on consumer paid tiers, Whera targets the same 99.9% monthly uptime standard described above, but this target is aspirational rather than a binding contractual commitment.
• Goodwill credits. If Whera experiences significant downtime affecting consumer paid subscribers, we may, at our discretion, offer service credits using the same schedule above as a voluntary goodwill gesture. Goodwill credits are not a contractual entitlement and do not constitute a guarantee of service availability. Where applicable law prohibits limiting remedies for paid services, your statutory rights are unaffected by this provision.

Free Tier

• Free tier users receive the service on a best-effort basis with no uptime target, credit eligibility, or availability guarantee.

Status Page

• Whera will publish a public status page at status.whera.app (or similar) where users can monitor current and historical service availability.

13. Limitation of Liability

13A. Exclusion of Certain Damages

• TO THE MAXIMUM EXTENT PERMITTED BY LAW, Whera LLC and its officers, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the service. In the context of a location sharing service, this includes but is not limited to:
  • Loss of business, revenue, or profits due to reliance on location data or alerts
  • Missed appointments, meetings, or time-sensitive events due to inaccurate location information or delayed notifications
  • Emotional distress, anxiety, or relationship harm arising from location data inaccuracies, service unavailability, or perceived surveillance
  • Costs of procuring substitute services during downtime
  • Loss of data, including encrypted location history that cannot be recovered (see Section 6A and Section 19)
  • Damages arising from unauthorized access to your account, except where caused by Whera's failure to maintain reasonable security measures (see Section 4B)

13B. Liability Cap

• Our total aggregate liability for all claims arising from or related to these Terms or your use of the service — whether in contract, tort, strict liability, or any other legal theory — shall not exceed the greater of: (a) the total amount you paid to Whera in the 12 months preceding the event giving rise to the claim, or (b) $100 USD.
• This cap applies to all claims collectively, not per-claim. Multiple claims arising from related events or a continuing course of conduct are treated as a single claim for purposes of this cap.
• This limitation does not apply where prohibited by applicable law. In jurisdictions where aggregate liability caps in consumer contracts are restricted or unenforceable, Whera's liability is governed by the applicable statutory framework rather than this cap.

13C. Exceptions — Liability Not Limited

• Nothing in these Terms limits or excludes liability for:
  • Death or personal injury caused by Whera's gross negligence or willful misconduct
  • Fraud or fraudulent misrepresentation by Whera
  • Any liability that cannot be lawfully limited or excluded under applicable law, including but not limited to statutory damages under the Washington Consumer Protection Act (RCW 19.86), California consumer protection statutes, or EU consumer protection directives
  • Whera's willful misconduct or grossly negligent acts or omissions
• In jurisdictions where limitations on liability for consumer contracts are restricted (including but not limited to the European Economic Area, United Kingdom, and Australia), this section applies only to the extent permitted by the mandatory consumer protection laws of your jurisdiction. Where a limitation is not permitted, Whera's liability is governed by the applicable statutory framework.

13D. Acknowledgment

• You acknowledge that the fees charged by Whera reflect the allocation of risk set forth in this limitation of liability, and that Whera would not provide the service at current pricing without these limitations. This allocation of risk is an essential element of the basis of the bargain between you and Whera.

14. Indemnification

14A. Scope

You agree to indemnify, defend, and hold harmless Whera LLC and its officers, employees, and affiliates from any third-party claims, demands, damages, losses, or expenses (including reasonable attorney fees) to the extent arising from:

• Your use of the service to track, monitor, or surveil any person without their informed consent
• Your use of the service to stalk, harass, or facilitate domestic violence or abuse
• Your intentional or criminal misuse of safety features (SOS, crash detection) in a manner that causes harm to others (e.g., filing false emergency alerts)
• Your infringement of any third-party intellectual property rights through content you submit to the service

This indemnification is limited to claims arising from your intentional misconduct, criminal activity, or knowing violations of these Terms. Ordinary use of the service — even if it results in a dispute — does not trigger indemnification obligations.

This indemnification obligation applies only to claims that are proximately caused by your conduct. You are not required to indemnify Whera for claims arising from Whera's own negligence, willful misconduct, or breach of these Terms.

Jurisdictional limitations. In jurisdictions where consumer indemnification clauses are restricted or unenforceable (including but not limited to the European Economic Area, United Kingdom, California, and Quebec), this section applies only to the extent permitted by mandatory local law. Where indemnification is not permitted, Whera retains all other rights and remedies available under applicable law.

14B. Indemnification Cap

Your total indemnification obligation under this section shall not exceed the greater of: (a) the total amount you paid to Whera in the 12 months preceding the event giving rise to the claim, or (b) $500 USD.

This cap does not apply to claims arising from your intentional or criminal misuse of the service, including but not limited to stalking, harassment, or non-consensual surveillance.

14C. Procedure

• Whera will promptly notify you of any claim subject to indemnification and provide reasonable cooperation in the defense of the claim at your expense.
• You shall not settle any claim in a manner that imposes obligations on Whera or admits fault on Whera's behalf without Whera's prior written consent.
• Whera reserves the right to assume exclusive control of the defense of any claim at its own expense if you fail to respond to or adequately defend against a claim within a reasonable time.

15. Termination

15A. By You

• You may stop using Whera and delete your account at any time.
• Deleting your account cancels your subscription at the end of the current billing period.

15B. By Whera

Standard Violations (Cure Period)

• For violations of these Terms that Whera determines are non-egregious — such as exceeding tier usage limits, minor acceptable use violations, or failure to maintain accurate account information — Whera will provide written notice (via email and/or in-app notification) describing the violation and a 14-day cure period to remedy the issue.
• If the violation is cured within the 14-day period, no further action is taken and the account remains in good standing.
• If the violation is not cured within the 14-day period, Whera may suspend or terminate the account.

Egregious Violations (Immediate Action)

• Whera may suspend or terminate your account immediately and without a cure period for violations that pose a safety risk or involve illegal conduct, including but not limited to:
  • Stalking, harassment, or non-consensual surveillance
  • Use of the service to facilitate domestic violence, abuse, or human trafficking
  • Illegal activity conducted through or facilitated by the service
  • Credible threats of violence against other users
  • Repeated violations after a prior cure period was granted
• In cases of immediate suspension, Whera will notify you of the reason and provide an opportunity to appeal within 30 days of the suspension. Appeals are reviewed by Whera and a final determination will be communicated within a reasonable time. Whera's decision on appeal is final.

Inactivity and Discontinuation

• We may terminate accounts for prolonged inactivity (no login for 12+ months) after providing at least 30 days' notice via email to the address on file, giving you the opportunity to log in and preserve your account.
• We may discontinue the service entirely with at least 90 days' notice to active subscribers.
• In case of termination for egregious cause, no refund is provided.

15B-1. Effect of Termination on Groups

• Groups you administer. Upon termination of your account:
  1. If the group has other members with admin privileges, they retain full control of the group. No disruption to other members.
  2. If you are the sole admin but other members exist, the longest-tenured member is automatically promoted to admin and notified of the change. The promoted member may relinquish admin status at any time by transferring the role to another group member or, if no other member accepts, by leaving the group. The group continues to operate normally.
  3. If you are the only member, the group is deleted immediately.
• Groups you belong to (non-admin). You are removed from all groups upon termination. Remaining members are notified that you have left the group. Your location history within the group is handled according to the deletion policy in Section 4C.
• Data within groups. Content you contributed to groups (e.g., place names, zone labels) that is integral to group functionality may be retained in anonymized form for the benefit of remaining members. Profile-specific content (your name, profile picture, location history) is deleted per Section 4C.
• Whera will make reasonable efforts to notify affected group members of any changes resulting from a member's termination, without disclosing the specific reason for the termination.

15C. Effect of Termination

• Upon termination, your right to use the service ceases immediately.
• Group membership effects are governed by Section 15B-1.
• Sections that by their nature should survive termination (liability, indemnification, dispute resolution, IP) shall survive.

16. Dispute Resolution

16A. Informal Resolution First

• Before initiating formal dispute resolution (arbitration or court proceedings), both parties agree to attempt to resolve the dispute informally for at least 30 days.
• To initiate informal resolution, you must send a written notice to legal@whera.app describing the dispute, the relief sought, and your contact information. Whera will acknowledge receipt within 5 business days.
• A "reasonable attempt" at informal resolution requires, at minimum:
  1. You have sent at least two good-faith written communications (email to legal@whera.app) describing the dispute with sufficient detail for Whera to investigate and respond.
  2. You have allowed at least 10 business days between communications for Whera to respond before escalating.
  3. If Whera proposes a resolution, you have considered it in good faith and responded with your acceptance or a written explanation of why it is insufficient.
• If Whera fails to acknowledge your initial notice within 5 business days, or fails to provide any substantive response within 20 business days of your first communication, the informal resolution requirement is deemed satisfied and you may proceed to formal dispute resolution.
• Communications during the informal resolution period are considered settlement negotiations and are inadmissible in any subsequent proceeding to the extent permitted by applicable rules of evidence.
• The 30-day informal resolution period tolls any applicable statute of limitations for the duration of the good-faith negotiation.

16B. Arbitration (United States Users)

• For users located in the United States: Any dispute arising from these Terms or your use of the service that is not resolved through informal resolution shall be resolved by binding arbitration administered by [JAMS / AAA] under its rules for consumer disputes.
• Arbitration will be conducted on an individual basis. Class actions and class arbitrations are not permitted.
• The arbitration will take place in [Wyoming / to be determined].
• Either party may seek injunctive relief in any court of competent jurisdiction.
• Small claims court actions are exempt from mandatory arbitration.

16C. Court Jurisdiction (United States Users — Non-Arbitrable Disputes)

• For disputes exempt from arbitration (small claims, injunctive relief), or if the arbitration clause in §16B is found unenforceable, disputes shall be brought exclusively in the state or federal courts located in Wyoming.

16D. European Economic Area, United Kingdom, and Other Consumer-Protected Jurisdictions

For full details of how these Terms apply to EU Users, see the EU / EEA Terms of Service Addendum. The provisions below are a summary; the EU Addendum governs in the event of any conflict.

• Arbitration exclusion. Sections 16B and 16C do not apply to users residing in the European Economic Area, United Kingdom, Switzerland, or any other jurisdiction where mandatory consumer protection law prohibits binding pre-dispute arbitration, class action waivers, or mandatory forum selection clauses.
• Local forum rights. If you reside in the EEA or UK, you may bring proceedings in the courts of your country of residence. Nothing in these Terms requires you to bring a dispute in a foreign jurisdiction or submit to binding arbitration.
• Mandatory consumer rights preserved. Nothing in this dispute resolution section deprives you of any mandatory rights under the consumer protection laws of your country of residence. Where local law provides you with greater protections than those set out in these Terms — including but not limited to the right to bring claims in your local courts, the right to participate in collective actions, or the right to invoke local consumer ombudsman or alternative dispute resolution schemes — those mandatory protections prevail over any conflicting provision in these Terms.
• EU Online Dispute Resolution. If you are a consumer in the EEA, you may also use the European Commission's Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr to submit a complaint. Whera's contact email for ODR purposes is legal@whera.app.

17. Governing Law

• United States users. These Terms are governed by and construed in accordance with the laws of the State of Wyoming, without regard to conflict of law principles.
• EEA and UK users. If you reside in the European Economic Area or United Kingdom, these Terms are governed by the laws of your country of residence to the extent that mandatory local consumer protection laws apply. For all other matters, Wyoming law governs. You retain the right to bring proceedings in the courts of your country of residence. See also the EU Addendum, §2.
• All other users. For users outside the United States, EEA, and UK, these Terms are governed by Wyoming law. However, nothing in these Terms overrides mandatory consumer protection laws of your country of residence where those laws cannot be contractually waived.

18. General Provisions

18A. Entire Agreement

• These Terms, together with the Privacy Policy and (for EU Users) the EU / EEA Terms of Service Addendum, constitute the entire agreement between you and Whera LLC regarding the service.

18B. Severability

• If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or tribunal of competent jurisdiction, that provision shall be severed or modified to the minimum extent necessary to make it enforceable. The remaining provisions shall continue in full force and effect, unaffected by the invalidity of the severed provision.
• A finding of invalidity in one jurisdiction does not affect the enforceability of that provision in any other jurisdiction. Provisions that are valid and enforceable in your jurisdiction remain fully binding on you regardless of findings in other jurisdictions.
• Where a provision is severed, the parties intend that the court or tribunal give effect to the original intent of the provision to the greatest extent permitted by applicable law.

18C. Waiver

• Failure to enforce any provision does not constitute a waiver of that provision.

18D. Assignment

• You may not assign your rights under these Terms. Whera may assign its rights in connection with a merger, acquisition, or sale of assets.

18E. Contact

• Questions about these Terms: legal@whera.app
• General support: support@whera.app
• Mailing address: [Registered agent address — Wyoming]

19. Special Provisions for E2E Encryption

Because Enhanced Privacy mode uses end-to-end encryption where Whera cannot access your data:

• No data recovery. If you lose access to your encryption keys, we cannot recover your encrypted location history. You are responsible for maintaining access to your devices and any backup mechanisms.
• No server-side moderation. We cannot monitor or moderate the contents of encrypted communications for abuse.
• Compliance requests. If legally compelled to produce data that is end-to-end encrypted, we can only provide the encrypted ciphertext. We cannot provide decrypted data because we do not possess the keys.
• Feature limitations. Some features require server access to location data and are unavailable in Enhanced Privacy mode. Switching modes does not retroactively decrypt previously encrypted data.