Whispr — Operated by SwiftData Systems LLC — Effective Date: April 26, 2026
These Terms of Service ("Terms") govern your use of the website hosting, provisioning, and related infrastructure services offered under the Whispr name (the "Service") by SwiftData Systems LLC, a Florida limited liability company ("Company," "we," "us," or "our"). By registering for, accessing, or using the Service, you ("Creator" or "you") agree to be bound by these Terms.
The Service is offered solely to content creators who wish to publish and operate their own websites using our hosting and provisioning tools. These Terms form a binding agreement between SwiftData Systems LLC and the Creator. They do not create any agreement, relationship, or rights between SwiftData Systems LLC and any visitor, subscriber, customer, patron, or other end user of a Creator's site (each, an "End User"). See Section 4.
We may modify these Terms at any time. Material changes take effect upon posting, and we will make reasonable efforts to notify Creators by email or in-product notice. Continued use of the Service after changes are posted constitutes acceptance of the revised Terms.
The Service is a website hosting and provisioning tool. It enables Creators to provision and operate Creator-controlled websites on infrastructure operated by SwiftData Systems LLC, including features such as audio file storage, streaming delivery, custom domain configuration, subscriber-access controls, and related operational tooling.
SwiftData Systems LLC is a hosting and infrastructure provider. We do not curate, edit, endorse, promote, market, recommend, or otherwise participate in the creative or editorial decisions of any Creator. We do not select audiences for Creators. We do not operate as a marketplace, social network, or content aggregator. The Service is analogous to traditional web hosting and website-builder services: the Creator decides what to publish, how to publish it, and to whom.
You must be at least 18 years of age and have the legal capacity to enter into a binding agreement to use the Service. By registering, you represent and warrant that you meet these requirements and that all information you provide to us is accurate and current.
The Service is offered for the operation of a Creator-owned business or creative practice. It is not offered for personal, household, or consumer use.
SwiftData Systems LLC and the Creator are independent contracting parties. Nothing in these Terms creates a partnership, joint venture, agency, employment, or fiduciary relationship between us. Neither party has authority to bind the other.
The Creator is the publisher and operator of any website provisioned through the Service. As between the Creator and any End User, the Creator alone is responsible for the website, its content, the relationship with the End User, and the terms (if any) governing that relationship.
No End-User Relationship. SwiftData Systems LLC has no contractual, commercial, or service relationship with any End User of a Creator's website. End Users are not third-party beneficiaries of these Terms. Any inquiry, complaint, refund request, support request, dispute, or claim asserted by an End User concerning a Creator's website or content is the sole responsibility of the Creator. The Creator shall not represent or imply to any End User that SwiftData Systems LLC is a party to, guarantor of, or otherwise responsible for the Creator's website, business, content, or commitments.
The Creator is solely responsible for all aspects of operating its website, including legal and regulatory compliance. Without limiting the generality of the foregoing, the Creator shall:
The Creator's obligations under this Section 5 survive termination of these Terms with respect to acts and omissions occurring during the term.
The Creator shall not use the Service to host, transmit, or facilitate (a) child sexual abuse material or any material that sexually exploits a minor; (b) content that promotes, facilitates, or constitutes human trafficking or sex trafficking; or (c) malware, phishing payloads, command-and-control infrastructure, or other content designed to compromise the security or integrity of any system.
The Creator shall not, and shall not permit any third party to: (i) reverse engineer, decompile, or attempt to extract source code from the Service except to the extent permitted by applicable law notwithstanding this restriction; (ii) resell, sublicense, or operate a hosting reseller business using the Service except as expressly permitted by the Creator Platform Agreement; (iii) probe, scan, or test the vulnerability of the Service without our prior written consent; or (iv) use the Service in a manner that materially degrades, disrupts, or attempts to circumvent the security, integrity, or capacity of the Service.
We may, but are not obligated to, investigate suspected violations of this Section 6 and act under Section 9. We do not generally monitor Creator Content and have no obligation to do so.
As between SwiftData Systems LLC and the Creator, the Creator retains all right, title, and interest in and to the content it publishes through the Service ("Creator Content"). The Creator grants SwiftData Systems LLC a non-exclusive, worldwide, royalty-free license to host, store, cache, transmit, encode, transcode, reformat, and display the Creator Content solely as necessary to operate, provide, secure, and improve the Service for the Creator's benefit. This license is limited to the technical operation of the Service and does not include any right to use the Creator Content for promotional, marketing, or other purposes outside the operation of the Service.
This license terminates with respect to any Creator Content upon its deletion from the Service by the Creator, except (a) with respect to backup or archival copies retained for a commercially reasonable transition period, and (b) to the extent retention is required by law.
The Service, including its software, design, trademarks, and all materials we provide other than Creator Content, is owned by or licensed to SwiftData Systems LLC and is protected by intellectual property law. Subject to the Creator's compliance with these Terms and the Creator Platform Agreement, we grant the Creator a non-exclusive, non-transferable, revocable right during the term to access and use the Service for the Creator's permitted purposes.
Fees, revenue arrangements, billing, and other commercial terms applicable to the Creator's use of the Service are set forth in a separate Creator Platform Agreement between the Creator and SwiftData Systems LLC. These Terms and the Creator Platform Agreement are independent. In the event of a conflict, the Creator Platform Agreement controls with respect to commercial terms; these Terms control with respect to all other matters.
We may suspend or terminate the Creator's access to all or part of the Service, immediately and without prior notice, if: (a) we reasonably believe the Creator has materially breached these Terms or the Creator Platform Agreement; (b) we reasonably believe such action is necessary to protect the Service, our other Creators, or any third party from imminent harm or legal exposure; (c) we are required to do so by law, court order, or binding directive of a competent authority; or (d) the Creator Platform Agreement is terminated.
The Creator may terminate these Terms by ceasing use of the Service and notifying us in accordance with the Creator Platform Agreement. Upon termination, the licenses granted in Section 7 terminate, the Creator's right to access the Service terminates, and we may delete Creator Content following any transition period specified in the Creator Platform Agreement. Sections 4, 5, 7 (final paragraph), 10, 11, 12, 13, and 14 survive termination.
SwiftData Systems LLC has designated an agent to receive notifications of claimed copyright infringement concerning the Service. Notices submitted to this agent should concern alleged infringement by SwiftData Systems LLC's own materials or by content for which SwiftData Systems LLC is the host of record. Notices concerning content published by a Creator should be directed to the DMCA agent designated by that Creator on the Creator's website.
Notices to our designated agent must comply with 17 U.S.C. § 512(c)(3) and may be sent to:
DMCA Compliance, SwiftData Systems LLCTHE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CREATOR CONTENT WILL BE PRESERVED WITHOUT LOSS.
SwiftData Systems LLC makes no representation or warranty regarding any Creator, any Creator's website, any Creator Content, or any End User. The Creator is solely responsible for its business and its relationships with its End Users.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT FOR THE CREATOR'S INDEMNIFICATION OBLIGATIONS UNDER SECTION 13 AND AMOUNTS OWED TO US UNDER THE CREATOR PLATFORM AGREEMENT, EACH PARTY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS PAID OR PAYABLE BY THE CREATOR TO US UNDER THE CREATOR PLATFORM AGREEMENT IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).
Some jurisdictions do not allow the exclusion or limitation of certain damages; in such jurisdictions, the foregoing limitations apply to the maximum extent permitted.
The Creator shall defend, indemnify, and hold harmless SwiftData Systems LLC and its members, managers, employees, and agents from and against any third-party claim, demand, action, or proceeding, and any resulting losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees), arising out of or related to: (a) the Creator Content; (b) the Creator's website or business; (c) any relationship, transaction, or dispute between the Creator and any End User; (d) the Creator's breach of these Terms or violation of applicable law; or (e) any claim by an End User asserting that SwiftData Systems LLC is responsible for the Creator's website, content, or commitments.
These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-law principles. Any dispute arising under or related to these Terms shall be brought exclusively in the state or federal courts located in Hillsborough County, Florida, and each party consents to personal jurisdiction in those courts.
The Creator agrees that any claim shall be brought in the Creator's individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Each party waives any right to a jury trial with respect to any dispute arising under these Terms.
Entire Agreement. These Terms, together with the Creator Platform Agreement and any addenda thereto, constitute the entire agreement between the parties with respect to the Service and supersede all prior agreements and understandings on the subject.
No Third-Party Beneficiaries. These Terms are for the benefit of the parties only. No End User or other third party is a third-party beneficiary of these Terms or has any right to enforce any provision of them.
Severability. If any provision is found unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.
No Waiver. Failure to enforce any provision is not a waiver of the right to enforce it later.
Assignment. The Creator may not assign these Terms or any rights or obligations under them without our prior written consent. We may assign these Terms freely, including in connection with a merger, acquisition, reorganization, or sale of assets.
Force Majeure. Neither party is liable for any failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control.
Notices. We may give notice to the Creator at the email address associated with the Creator's account. Notices to us must be sent to [email protected] with a copy to the address below.
Contact.
SwiftData Systems LLCLast updated: April 26, 2026