WhisperingKeys app & website
Terms of Use
Thank you for listening. These terms explain how you may use the WhisperingKeys app, the website and the music. We've tried to keep them short and human.
Korte samenvatting in het Nederlands
Alle muziek is gecomponeerd en opgenomen door WhisperingKeys en auteursrechtelijk beschermd. Je mag luisteren voor persoonlijk gebruik, maar niet herverspreiden of gebruiken om AI te trainen. Bij een songverzoek is er geen garantie dat er een stuk komt. Als je je verhaal deelt, mag WhisperingKeys zich erdoor laten inspireren en het stuk publiceren met een anonieme opdracht. Alle rechten op de muziek blijven bij WhisperingKeys; jij krijgt het als persoonlijk cadeau. Deel geen gevoelige informatie over anderen. De muziek is geen medisch of therapeutisch advies: zoek bij rouw of een crisis professionele hulp (in Nederland: 113 Zelfmoordpreventie, 0800-0113, of 112 bij nood). Op deze voorwaarden is Nederlands recht van toepassing.
1. About these terms
The WhisperingKeys app and whisperingkeys.app are offered by WhisperingKeys, based in the Netherlands (“we”, “us”). By using the app or website you agree to these terms. If you don't agree, please don't use them. How we handle personal data is described in our Privacy Policy.
2. The music and copyright
- All music in the app and on the website is composed, improvised and recorded by WhisperingKeys. It is human-made, without AI, and fully protected by copyright. All rights are reserved.
- You may stream the music for your personal, non-commercial listening, in the app, on the website and through the platforms we link to.
- You may not copy, download (except through features we offer), record, re-upload, redistribute, sell, broadcast, sync to video, use in public or commercial settings, or create derivative works without our written permission.
- No AI training. You may not use the music, recordings, titles, artwork or texts to train, fine-tune or test any artificial-intelligence or machine-learning system, or for text and data mining. We expressly reserve these rights, including under Article 4 of EU Directive 2019/790.
- For licensing, bookings or other uses, email [email protected]. We're happy to talk.
- The WhisperingKeys name, logo, motifs and design are ours as well.
3. Using the app and website
- The app is free. We may add, change or remove features, playlists or tracks at any time, and the service may sometimes be unavailable.
- Please don't misuse the service: no attempts to break or overload it, no automated scraping, no spam, and no unlawful, hateful or harassing content in anything you send us.
- We may block abusive use, for example through rate limiting.
4. Song requests
- You can share a short story or need and ask WhisperingKeys to improvise a piece for it. There is no guarantee that a piece will be made, or when.
- By submitting a request you give WhisperingKeys permission to be inspired by your story, to compose and record a piece based on it, and to publish that piece (in the app, on the website and on music platforms) with an anonymous dedication, for example “For someone missing their mother”. We will never publish your name, contact details or your story itself.
- All rights in the resulting music stay with WhisperingKeys. If a piece is made for your request, you receive it as a personal gift to listen to and share with the people close to you through the app's features. It isn't a commission, and no payment is involved either way.
- Only share what is yours to share. Please don't include sensitive information about other people (such as health details or full names) without their permission. Keep it to a few lines.
5. Sharing songs and sending messages
- When you send a song to someone, you are responsible for the note you write. Be kind, and only send it to people who would welcome it. The note is part of the link, so anyone with the link can read it.
- Private messages are for personal notes to WhisperingKeys. We read them with care but can't promise to answer every one.
6. The AI mood picker
“Share what you need” uses simple keyword matching or an AI service to suggest a mood and tracks. Suggestions may not always fit, and the short sentence it gives is a gentle line, not advice. Please don't rely on it for decisions about your health or wellbeing.
7. Not medical or therapeutic advice
WhisperingKeys makes music to keep you company. The app, the moods and the music are not medical, psychological or therapeutic advice or treatment, and they are not a substitute for professional care. If you are grieving deeply, struggling, or in crisis, please reach out to a doctor, a counsellor or someone you trust. In the Netherlands you can call 113 Zelfmoordpreventie on 0800-0113 (free, 24/7) or chat at 113.nl. In an emergency, call 112. Elsewhere, contact your local emergency number or helpline.
Please don't use the sleep features while driving or doing anything that needs your full attention.
8. Liability
- The app and website are provided free of charge, “as is” and “as available”. We do our best, but we don't guarantee that they will always work, be error-free or meet every need.
- To the extent permitted by law, WhisperingKeys is not liable for indirect or consequential damage, loss of data, or damage resulting from the use of, or inability to use, the app, the website or third-party services (such as SoundCloud, Spotify, AI or email providers). Where we are liable, our liability is limited to €100.
- Nothing in these terms limits liability that cannot be limited by law, such as liability for intent or gross negligence, or your mandatory rights as a consumer.
- Links to other websites and services are offered for convenience; their own terms apply and we aren't responsible for them.
9. Apple App Store
If you downloaded the app from Apple's App Store, these terms are between you and WhisperingKeys, not Apple. Apple's standard licensed application end user licence agreement also applies, and where it conflicts with these terms on matters it covers, Apple's terms prevail. Apple has no obligation to provide maintenance or support for the app and is not responsible for claims relating to it. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.
10. Changes
We may update these terms, for example when we add features. The effective date at the top will change, and for important changes we'll let you know in the app. If you keep using the app or website after a change, the updated terms apply.
11. Governing law
These terms are governed by Dutch law. Disputes will be handled by the competent court in the Netherlands, unless mandatory consumer law gives you the right to go to a court in your own country. If you live in the EU, you keep the protection of the mandatory consumer rules of your country. If one part of these terms turns out to be invalid, the rest still applies.
12. Contact
WhisperingKeys, the Netherlands · [email protected]