Terms of Service

1. Acceptance of Terms

By accessing or using the Service, you represent and warrant that you are at least 13 years of age and have the legal capacity to enter into these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and references to "you" shall include that organization.

If you do not agree to all of these Terms, you must not access or use the Service. Your continued use of the Service after any modifications to these Terms constitutes your acceptance of those modifications.

2. Description of Service

Whistle provides a technology platform that assists individuals in identifying, documenting, and reporting potential legal and regulatory violations to the appropriate government agencies. Our services include case assessment tools, evidence management, regulatory program matching, deadline tracking, document generation, and related research and intelligence capabilities.

We strongly recommend that you consult with a licensed attorney before making any legal decisions, filing any reports with government agencies, or taking any action based on information obtained through the Service. Whistleblower cases can involve complex legal issues, and the stakes -- including potential retaliation, statute of limitations concerns, and reward eligibility -- are significant.

We do not guarantee any particular outcome from using the Service, including but not limited to the success of any whistleblower report, the receipt of any financial reward, or protection from retaliation.

3. Account Registration

To access certain features of the Service, you must create an account. When you create an account, you agree to:

• Provide accurate, current, and complete information during the registration process.
• Maintain and promptly update your account information to keep it accurate, current, and complete.
• Maintain the security and confidentiality of your login credentials. You are solely responsible for all activity that occurs under your account, whether or not you authorized such activity.
• Immediately notify us at support@whistle.report of any unauthorized use of your account or any other breach of security.
• Not create more than one account per person. Not create an account using a false identity or information, or on behalf of someone other than yourself without their explicit permission.

We reserve the right to suspend or terminate your account if any information provided during registration or thereafter proves to be inaccurate, not current, or incomplete, or if we reasonably suspect fraudulent or malicious activity.

4. Subscription & Payment

4.1 Plans and Pricing

The Service may be offered under various subscription plans, including free and paid tiers. The features, limitations, and pricing of each plan are described on our website and may change from time to time. We will provide reasonable notice of any pricing changes to existing subscribers.

4.2 Payment Processing

All payments are processed securely through Stripe. By subscribing to a paid plan, you authorize us to charge the payment method associated with your Stripe account on a recurring basis at the applicable subscription rate. You are responsible for keeping your payment information current. If a payment fails, we may suspend access to paid features until the payment issue is resolved.

4.3 Billing Cycle

Subscriptions are billed in advance on a monthly or annual basis, depending on the plan you select. Your subscription automatically renews at the end of each billing period unless you cancel before the renewal date.

4.4 Cancellation

You may cancel your subscription at any time through your account settings or by contacting us at support@whistle.report. Upon cancellation, your subscription will remain active until the end of the current billing period. You will retain access to paid features until the expiration of the period you have already paid for. After that, your account will revert to the free tier (if available) or be downgraded accordingly.

4.5 Refund Policy

We offer a full refund within 14 days of your initial subscription purchase if you are not satisfied with the Service. Refund requests after the 14-day period will be evaluated on a case-by-case basis at our sole discretion. Refunds for annual plans will be prorated based on the unused portion of the subscription term. To request a refund, contact us at support@whistle.report.

4.6 Taxes

Prices displayed on the Service are exclusive of applicable taxes unless otherwise stated. You are responsible for any sales tax, use tax, VAT, or similar taxes imposed by your jurisdiction on your subscription, except for taxes on our income.

5. Intellectual Property

The Service, including but not limited to its design, layout, functionality, software, code, text, graphics, logos, trademarks, and all other content and materials (collectively, "Whistle Content"), is the exclusive property of Whistle LLC or its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

• We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use in accordance with these Terms.
• You may not copy, modify, distribute, sell, lease, sublicense, reverse engineer, decompile, or create derivative works from any part of the Service or Whistle Content without our prior written consent.
• The Whistle name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Whistle LLC. You may not use these marks without our prior written permission.

Reports, analyses, and other materials generated by the Service based on your input are licensed to you for your personal use in connection with your whistleblower case. This license does not transfer ownership of the underlying algorithms, templates, or methodologies used to generate such materials.

6. User Content & Evidence

The Service allows you to upload, submit, store, and manage content including documents, evidence files, text, images, and other materials ("User Content"). You retain all ownership rights in your User Content.

• By uploading User Content, you grant Whistle a limited, non-exclusive license to store, process, display (to you), and transmit your User Content solely as necessary to provide the Service. We will not use your User Content for any purpose other than providing and improving the Service for you.
• You represent and warrant that you own or have the necessary rights to upload and share all User Content, and that your User Content does not infringe upon the intellectual property rights, privacy rights, or any other rights of any third party.
• You represent and warrant that your User Content was lawfully obtained. You are solely responsible for ensuring that the collection and submission of evidence complies with applicable laws, including but not limited to wiretapping laws, recording consent laws, and trade secret protections.
• We do not claim ownership of your User Content. Upon termination of your account, you may request export of your User Content. We will make your data available for export for 30 days following termination, after which it may be deleted in accordance with our data retention policies.

We take the security of User Content extremely seriously. All uploaded evidence is encrypted at rest using AES-256 encryption and is accessible only through authenticated, time-limited access controls. See our Privacy Policy for full details on our data security practices.

7. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Use the Service to file knowingly false, fraudulent, or malicious reports or claims against any person or organization.
• Use the Service for harassment, intimidation, extortion, blackmail, or any other unlawful purpose.
• Attempt to gain unauthorized access to the Service, other user accounts, or any computer systems or networks connected to the Service.
• Upload any content that contains viruses, malware, trojan horses, or any other harmful or destructive code.
• Use any automated means (bots, scrapers, spiders) to access, monitor, or copy any content from the Service without our prior written consent.
• Interfere with or disrupt the integrity or performance of the Service or the data contained therein.
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Resell, redistribute, or provide access to the Service to any third party without our prior written consent.
• Use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use of the Service.

8. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Without limiting the foregoing, Whistle makes no warranty or representation that:

• The Service will meet your specific requirements or expectations.
• The Service will be uninterrupted, timely, secure, or error-free.
• Any information obtained through the Service will be accurate, complete, current, or reliable.
• Any case assessment, reward estimate, or program recommendation provided through the Service will be correct or result in any particular outcome.
• Any defects in the Service will be corrected.

You acknowledge that whistleblower cases are inherently uncertain, that government agencies have sole discretion over whether to pursue reported violations and whether to award compensation, and that Whistle has no control over these outcomes. Any reward estimates or assessments provided by the Service are informational only and should not be relied upon as guarantees.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WHISTLE LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER WHISTLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHISTLE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU HAVE PAID TO WHISTLE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Whistle LLC, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Service or any activity under your account.
• Your violation of these Terms or any applicable law or regulation.
• Your User Content, including any claim that your User Content infringes upon or violates the rights of any third party.
• Any false, fraudulent, or malicious report or claim you file using the Service.
• Your negligence or willful misconduct.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without our prior written consent.

11. Termination

Either party may terminate this agreement at any time:

• By You: You may terminate your account at any time by contacting us at support@whistle.report or through your account settings. Upon termination, you will have 30 days to export your data before it is scheduled for deletion.
• By Us: We may suspend or terminate your account and access to the Service at any time, with or without cause and with or without notice, including but not limited to situations where we reasonably believe you have violated these Terms, engaged in fraudulent activity, or where continued provision of the Service to you is not commercially viable.

Upon termination:

• Your right to access and use the Service will immediately cease.
• If you have an active paid subscription, no refund will be issued for the remaining portion of the current billing period unless the termination was caused by our material breach of these Terms.
• We will retain your data in accordance with our Privacy Policy and applicable data retention requirements.
• Sections 5 (Intellectual Property), 6 (User Content), 8 (Disclaimers), 9 (Limitation of Liability), 10 (Indemnification), 12 (Governing Law), 13 (Dispute Resolution), and 15 (Miscellaneous) shall survive termination.

12. Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law provisions.

You agree that any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Delaware, and you irrevocably submit to the personal jurisdiction of such courts for the purpose of any such action or proceeding.

13. Dispute Resolution

13.1 Informal Resolution

Before filing any formal legal action, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Service by contacting us at support@whistle.report with a written description of your dispute. We will attempt to resolve the dispute informally within 60 days.

13.2 Binding Arbitration

If the dispute cannot be resolved informally within 60 days, either party may elect to resolve the dispute through binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in Delaware. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

13.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, you waive any right to a jury trial.

13.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information. Claims of intellectual property infringement or misappropriation of trade secrets are not subject to the arbitration requirement.

14. Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will:

• Update the "Effective" date at the top of this page.
• Notify you via email at least 30 days before the changes take effect.
• Post a notice on the Service alerting users that the Terms have been updated.

If you disagree with the modified Terms, you must stop using the Service and may terminate your account. Your continued use of the Service after the effective date of any revised Terms constitutes your acceptance of the revised Terms.

15. Miscellaneous

• Entire Agreement: These Terms, together with the Privacy Policy and any other agreements expressly referenced herein, constitute the entire agreement between you and Whistle regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.
• Severability: If any provision of these Terms 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 valid and enforceable while preserving its original intent.
• Waiver: The failure of Whistle to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Whistle.
• Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, sale of assets, or by operation of law.
• Force Majeure: Whistle shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to natural disasters, acts of government, internet or telecommunications failures, cyberattacks, pandemics, or other force majeure events.
• Relationship of the Parties: Nothing in these Terms shall be construed to create a joint venture, partnership, employment, or agency relationship between you and Whistle. Neither party has authority to bind the other or to incur obligations on the other's behalf.
• Notices: Any notices required or permitted under these Terms shall be in writing and shall be deemed given when sent to the email address associated with your account (for notices to you) or to support@whistle.report (for notices to us).

16. Contact Us

If you have any questions or concerns about these Terms of Service, please contact us:

• Email: support@whistle.report
• Company: Whistle LLC
• Website: whistle.report