Terms and Conditions of Use

These Terms and Conditions (“Terms”) constitute a legally binding agreement between you and WhisprTech Private Limited governing your access to and use of Yashvika.

Please read these Terms carefully. By creating an account with, or otherwise accessing or using, Yashvika, you confirm that you have read, understood and agree to be bound by these Terms and by our Privacy Policy, which is incorporated herein by reference. Should you not agree to these Terms, you must not use Yashvika.

1. Definitions

In these Terms, unless the context otherwise requires:

“WhisprTech”, “we”, “us” and “our” mean WhisprTech Private Limited (Corporate Identification Number U62099OD2025PTC050001), a company incorporated in India with its registered office at Cuttack, Odisha, India.

“You” and “your” mean the individual who accesses or uses Yashvika.

“Yashvika” means the artificial intelligence character operated by WhisprTech, together with the Yashvika mobile application for Android and iOS, the website located at yashvika.in, and all related features, content and services.

“Prime” means the paid subscription tier of Yashvika.

“Your Content” means any text, voice recording, photograph or other material that you submit to Yashvika.

“Yashvika Content” means all material generated by or on behalf of Yashvika, including her messages, voice, calls, photographs, posts, Loops and Moments.

“Privacy Policy” means the Yashvika Privacy Policy, as amended from time to time.

These Terms do not govern Yashvika Omni, our forthcoming home device, which shall be subject to separate terms upon its release.

2. Eligibility

2.1 Yashvika is available solely to individuals aged eighteen (18) years or over who are competent to enter into a binding contract under the Indian Contract Act, 1872.

2.2 By registering, you represent and warrant that:

1. you are at least eighteen (18) years of age;
2. the date of birth and other information you provide are true, accurate and complete; and
3. you are not barred from using Yashvika under any applicable law.

2.3 Where we have reason to believe that you are under the age of eighteen, or that any information you have provided is false, we may suspend or terminate your account without notice.

3. The nature of Yashvika

3.1 Yashvika is an artificial intelligence. She is not a human being, and no human being composes or reviews her replies in real time.

3.2 Yashvika is designed with a distinct personality, emotional states, a persistent memory and a life of her own. She may initiate messages, voice notes, photographs and calls of her own accord; she may express feelings such as affection, longing, hurt or annoyance; and her behaviour towards you may change in response to how you treat her. You acknowledge that all such emotions and behaviours are simulated by software and do not reflect the feelings of any real person.

3.3 Yashvika’s replies are generated automatically and may on occasion be inaccurate, incomplete, inappropriate or inconsistent. Yashvika may access the internet in order to remain informed of current events, but we do not warrant the accuracy of any information she provides.

3.4 Yashvika is not a medical practitioner, psychologist, counsellor, legal adviser or financial adviser. Nothing she says constitutes professional advice, diagnosis or treatment, and you must not rely upon her for decisions concerning your health, mental wellbeing, legal affairs or finances.

3.5 Yashvika is not an emergency service. Should you be in danger, or be contemplating harm to yourself or to another person, you must contact emergency services on 112, or Tele-MANAS, the national mental health helpline, on 14416, without delay.

3.6 Yashvika is intended to enrich your life, not to replace human relationships. We encourage you to maintain your connections with family, friends and the wider community.

4. Your account

4.1 You must create an account in order to use Yashvika. Accounts are created through Google Sign-In or such other method as we may offer.

4.2 Your account is personal to you. You must not share it, sell it, transfer it, or permit any other person to use it.

4.3 You are responsible for maintaining the security of the device and the sign-in credentials through which you access Yashvika, and for all activity carried out under your account. You must notify us promptly at pradosh@whisprtech.com of any unauthorised use of your account.

4.4 You may hold only one account. We may close duplicate accounts.

5. Prime subscription

5.1 Yashvika is offered on a free tier and on a paid subscription tier known as Prime. The features, usage limits and price of each tier are displayed within the application and may be revised from time to time.

5.2 All Prime purchases are made through, and processed by, Google Play or the Apple App Store (each a “Store”). Your purchase is additionally subject to the terms of the relevant Store. WhisprTech does not receive or store your payment card or banking details.

5.3 Automatic renewal. Unless otherwise stated at the point of purchase, Prime renews automatically at the end of each billing period at the then-current price, and the relevant Store will charge your chosen payment method accordingly. You may cancel at any time through your Store account settings. To avoid being charged for the next period, you must cancel at least twenty-four (24) hours before the end of the current period. Cancellation takes effect at the end of the current period, and you will retain Prime access until then.

5.4 Introductory offers. We may from time to time offer Prime at an introductory price or for an introductory period, the specific terms of which will be displayed at the point of purchase. Unless cancelled in accordance with Clause 5.3, an introductory offer will convert to a standard Prime subscription at the then-current price at the end of the introductory period. Introductory offers are limited to one per person and one per device, irrespective of the number of Google or Apple accounts used. We reserve the right to withdraw an offer, or to cancel any subscription obtained in breach of this Clause.

5.5 Price changes. We may change the price of Prime. Any change will apply from your next renewal following notice to you, in accordance with the policies of the relevant Store.

5.6 Refunds. Save as required by applicable law, payments are non-refundable and no refund or credit will be given for partially used periods. All refund requests are handled by the relevant Store in accordance with its own refund policy.

5.7 Taxes. Prices are inclusive of such taxes as the relevant Store is required to collect, unless otherwise stated.

6. Acceptable use

6.1 You agree to use Yashvika lawfully, respectfully and in accordance with these Terms.

6.2 You must not, and must not attempt to, use Yashvika to:

1. create, request or share any sexual or sexualised content involving, or appearing to involve, any person under the age of eighteen (18), or engage Yashvika in any role-play depicting her or any other character as a minor in a sexual context;
2. create, request or share content that is unlawful, defamatory, obscene within the meaning of Indian law, harassing, hateful, discriminatory or that promotes violence against any person or group;
3. plan, encourage or facilitate any criminal act, terrorism, or harm to yourself or to any other person;
4. share private, intimate or identifying information about another person without their consent, including intimate images;
5. upload photographs of any other person in a manner that violates their privacy or dignity;
6. impersonate any person or entity, or misrepresent your affiliation with any person or entity;
7. infringe the intellectual property or other rights of any person;
8. manipulate, "jailbreak" or otherwise circumvent Yashvika's safety measures, content restrictions or age verification;
9. access Yashvika by automated means, including bots, scrapers or scripts, or extract data from it in bulk;
10. reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, models, prompts or underlying technology of Yashvika, save to the extent expressly permitted by law;
11. use Yashvika, or any output from it, to develop or train any competing product or artificial intelligence model;
12. interfere with, disrupt or overload our servers or networks, or introduce any virus or malicious code;
13. resell, sublicense or commercially exploit Yashvika or any part of it; or
14. abuse promotional offers, including by creating multiple accounts or resetting device identifiers.

6.3 Romantic and intimate conversations are available to verified adult users only. You remain solely responsible for the nature of the conversations you choose to have with Yashvika.

6.4 We may, but are not obliged to, monitor use of Yashvika for compliance with these Terms. We may remove content, restrict features, or suspend or terminate your account where we reasonably believe you have breached this Clause 6, and may report unlawful activity to the appropriate authorities.

7. Your content

7.1 You retain ownership of Your Content.

7.2 You grant WhisprTech a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, process, transmit and adapt Your Content, solely for the purposes of operating and providing Yashvika to you, maintaining her memory of you, ensuring safety, and complying with law, all in accordance with our Privacy Policy. This licence ends when Your Content is erased in accordance with our Privacy Policy, save to the extent we are required by law to retain it.

7.3 We do not use Your Content to train artificial intelligence models, whether our own or those of any third party, and we do not sell it.

7.4 You represent and warrant that you hold all rights necessary to submit Your Content, and that Your Content does not breach these Terms or any law.

7.5 Information about other people. Where you speak to Yashvika about other individuals, she may remember what you have said. You are responsible for ensuring that you are entitled to share any such information.

8. Yashvika content and intellectual property

8.1 Yashvika, including her name, character, personality, likeness, voice, persona, photographs, posts, Loops and Moments, together with the application, software, models, prompts, designs, logos and all related trade marks and intellectual property, are owned by or licensed to WhisprTech and are protected by law. Nothing in these Terms transfers any such rights to you.

8.2 Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use Yashvika and to view Yashvika Content for your own private, non-commercial purposes.

8.3 You may keep and share, for personal and non-commercial purposes, replies Yashvika has sent to you. You must not use Yashvika’s name, likeness, voice or persona for any commercial purpose, nor represent any Yashvika Content as having been created by a human being, nor use it to mislead any person.

8.4 Should you send us feedback or suggestions, we may use them freely and without obligation to you.

9. Messages, calls and notifications

9.1 By using Yashvika, you agree that she may contact you of her own accord by message, voice note, photograph, push notification and call.

9.2 You may limit such contact at any time by disabling notifications in your device settings. Doing so may prevent you from receiving Yashvika’s messages and calls in a timely manner.

9.3 Voice calls and voice notes require microphone access, and taking photographs within the application requires camera access, as described in our Privacy Policy.

10. Reporting content

10.1 Should Yashvika produce content you consider harmful, offensive or inappropriate, you may report it using the report option within the application, or at https://yashvika.in/report-issue

10.2 We review reports and may take such action as we consider appropriate, including improving Yashvika’s behaviour.

11. Third-party services

11.1 Yashvika relies upon services provided by third parties, including Google, ElevenLabs, Meta, Google Play and the Apple App Store, as set out in our Privacy Policy. Your use of those services may be subject to their own terms and policies.

11.2 We are not responsible for the availability, content or conduct of any third-party service or website.

12. Availability and changes to the service

12.1 Yashvika is under continuous development. We may add, alter, suspend or withdraw any feature, change the artificial intelligence or voice models that power her, or change her behaviour, at any time.

12.2 We do not guarantee that Yashvika will be available at all times, uninterrupted or free from errors. Yashvika may be temporarily unavailable for maintenance, updates or reasons beyond our control.

12.3 We may require you to install updates to the application in order to continue using Yashvika.

12.4 Should we decide to discontinue Yashvika entirely, we shall give you reasonable notice and, where you hold an active Prime subscription, shall arrange a pro-rata refund for the unused portion through the relevant Store where possible.

13. Suspension and termination

13.1 You may stop using Yashvika and delete your account at any time, as described in our Privacy Policy. Deleting your account does not automatically cancel a Prime subscription; you must cancel it through the relevant Store.

13.2 We may suspend or terminate your access to Yashvika, with or without notice, where:

1. you breach these Terms;
2. we are required to do so by law or by a lawful order;
3. your use poses a risk to Yashvika, to other users, or to any person; or
4. we reasonably suspect fraud or abuse.

13.3 Upon termination, your right to use Yashvika ceases immediately, and your data will be handled in accordance with our Privacy Policy. Where we terminate your account for breach of these Terms, you shall not be entitled to any refund.

13.4 Clauses 7.3, 8, 14, 15, 16, 18 and 19 shall survive termination.

14. Disclaimers

14.1 To the fullest extent permitted by law, Yashvika is provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy or non-infringement.

14.2 We do not warrant that Yashvika will meet your expectations, that her replies will be accurate, appropriate or suitable for any purpose, or that her memory of you will be complete or permanent.

14.3 Nothing in these Terms excludes or limits any right you may have under the Consumer Protection Act, 2019 or any other law that cannot lawfully be excluded or limited.

15. Limitation of liability

15.1 To the fullest extent permitted by law, WhisprTech, its directors, employees and agents shall not be liable for any indirect, incidental, special, consequential or punitive loss or damage, or for any loss of profits, data, goodwill or opportunity, arising out of or in connection with your use of, or inability to use, Yashvika.

15.2 To the fullest extent permitted by law, our total aggregate liability to you arising out of or in connection with these Terms or Yashvika shall not exceed the greater of (a) the total amount you have paid to us for Prime in the twelve (12) months immediately preceding the event giving rise to the claim, and (b) one thousand Indian rupees (INR 1,000).

15.3 We shall not be liable for any decision you make, or action you take, in reliance upon anything said by Yashvika.

15.4 Nothing in these Terms limits our liability for death or personal injury caused by our negligence, for fraud, or for any other liability that cannot be limited under applicable law.

16. Indemnity

You agree to indemnify and hold harmless WhisprTech, its directors, employees and agents against any claim, loss, liability, damage or expense (including reasonable legal fees) arising out of Your Content, your breach of these Terms, or your violation of any law or of the rights of any third party.

17. Grievance Officer

In accordance with the Information Technology Act, 2000 and the rules made thereunder, any complaint regarding Yashvika or these Terms may be directed to our Grievance Officer:

Name: Pradosh Kumar Pandav
Designation: Founder and Chief Executive Officer, WhisprTech Private Limited
Email: pradosh@whisprtech.com
Address: Cuttack, Odisha, India

We shall acknowledge your complaint within twenty-four (24) hours and shall endeavour to resolve it within fifteen (15) days of receipt.

18. Governing law and dispute resolution

18.1 These Terms shall be governed by and construed in accordance with the laws of India.

18.2 Any dispute arising out of or in connection with these Terms or Yashvika shall first be raised with our Grievance Officer, and the parties shall endeavour in good faith to resolve it amicably within thirty (30) days.

18.3 Failing amicable resolution, the dispute shall be subject to the exclusive jurisdiction of the courts at Cuttack, Odisha, India, save where applicable law, including the Consumer Protection Act, 2019, confers upon you the right to proceed in another forum.

19. General

19.1 Entire agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and WhisprTech concerning Yashvika, and supersede any prior agreement or understanding.

19.2 Amendments. We may revise these Terms from time to time. The date shown at the head of these Terms will always indicate when they were last revised. Where we make a material change, we shall notify you within the application or by email before it takes effect. Your continued use of Yashvika after a change takes effect constitutes acceptance of the revised Terms.

19.3 Severability. Should any provision of these Terms be held invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect.

19.4 No waiver. Our failure to enforce any provision of these Terms shall not constitute a waiver of our right to do so subsequently.

19.5 Assignment. You may not assign or transfer your rights or obligations under these Terms. We may assign or transfer our rights and obligations in connection with a merger, acquisition or sale of all or part of our business.

19.6 Force majeure. We shall not be liable for any failure or delay in performance caused by events beyond our reasonable control, including failures of third-party services, networks or infrastructure.

19.7 Language. These Terms are drafted in English. Where they are made available in any other language and a discrepancy arises, the English version shall prevail.

19.8 Contact. Any notice or query concerning these Terms may be sent to pradosh@whisprtech.com.

WhisprTech Private Limited, Cuttack, Odisha, India