Whisperstream Website Terms of Service

Version 1.0 -- Effective 2026-04-25

By accessing or using the Whisperstream marketing website at whisperstream.io (the "Website"), you agree to be bound by these Terms of Service (the "Terms"). If you do not agree with any part of these Terms, you should not use the Website.

These Terms constitute a binding legal agreement between you and Lanreal Technologies Inc. ("Lanreal," "we," "us," or "our"). We may update these Terms from time to time as described in Section 12.

These Terms govern your use of the Website only. They do not govern your use of the Whisperstream desktop application for Microsoft Windows (the "Software"). If you download, install, or use the Software, your use is governed by the separate Whisperstream End User License Agreement (the "EULA"), which is presented during installation and available at https://whisperstream.io/eula.

These Terms also do not govern the purchase transaction itself. When you buy a Whisperstream license through the embedded checkout on the Website, the purchase is processed by Polar Software Inc. ("Polar"), which acts as the Merchant of Record for the transaction. Your purchase is subject to Polar's own terms of service, available at https://polar.sh/legal/terms. Polar handles payment collection, sales tax and VAT calculation, refund processing, and license key generation. Lanreal does not directly process your payment information.

The Website is operated by:

Lanreal Technologies Inc. 18 King Street East, Suite 1400 Toronto, Ontario M5C 1C4 Canada

Lanreal is a corporation incorporated under the Business Corporations Act (Ontario).

4.1 Lanreal's intellectual property

The Website, including its design, layout, text, images, graphics, animations, illustrations, data-flow diagrams, logos, icons, and source code, is the property of Lanreal Technologies Inc. or its licensors and is protected by Canadian and international copyright, trademark, and other intellectual property laws.

"Whisperstream" is a trademark of Lanreal Technologies Inc. The Whisperstream name, logo, taglines (including "Your Voice, Your Machine, Nothing Leaves"), and brand elements displayed on the Website may not be used without Lanreal's prior written permission.

4.2 Limited permission to use

You may view, download, and print pages from the Website for your own personal, non-commercial reference. This permission does not extend to:

• reproducing, republishing, or redistributing Website content on another website, application, or publication;
• using Website content (including screenshots, copy, or design elements) for commercial purposes without Lanreal's prior written consent;
• modifying or creating derivative works based on Website content;
• using any automated system (including bots, scrapers, or crawlers) to extract content from the Website, except for standard search engine indexing; or
• framing or embedding the Website or any portion of it within another website or application.

4.3 Third-party intellectual property

The Website references third-party names, trademarks, and logos (including NVIDIA, Parakeet, ONNX Runtime, Hugging Face, Windows, Microsoft, Outlook, Word, VS Code, Slack, Electron, Dragon, Wispr Flow, SuperWhisper, Tauri, and others) for descriptive and informational purposes. These marks are the property of their respective owners. Their appearance on the Website does not imply endorsement of Whisperstream by those parties, nor does it imply any affiliation with or sponsorship by those parties, unless expressly stated.

4.4 Screenshots and product images

Screenshots, product images, and visual representations of the Whisperstream desktop application displayed on the Website are illustrative. They may depict features, interfaces, or workflows that are subject to change. The appearance of the Software in screenshots does not constitute a warranty or guarantee that the Software will appear or function identically to what is shown.

5.1 Informational purposes

The content on the Website, including feature descriptions, performance claims, pricing information, system requirements, comparison tables, testimonials, and technical explanations, is provided for general informational and promotional purposes. While Lanreal makes reasonable efforts to keep Website content accurate and current, we do not warrant that all information on the Website is complete, accurate, or up to date at all times.

5.2 Performance and feature claims

The Website makes claims about the Whisperstream desktop application, including statements about local processing, privacy characteristics, resource usage, and speed. These claims describe the Software's intended design and typical behavior. Actual performance may vary depending on your hardware, operating system version, audio environment, and other factors. Statements such as "100% local," "nothing leaves," "under 50 MB RAM," "near-instant transcription," and similar descriptions reflect the Software's design goals and typical operation under normal conditions, not absolute guarantees.

5.3 Comparison claims

The Website includes comparison information about competing products (including pricing, platform availability, privacy model, and resource usage). This information is based on publicly available data at the time of writing and may not reflect the current state of those products. Lanreal does not warrant the accuracy or completeness of information about third-party products.

5.4 Testimonials

The Website may display testimonials, quotes, or endorsements from users or beta testers. These testimonials reflect the personal experiences and opinions of the individuals quoted. Individual results may vary, and testimonials do not constitute a guarantee or prediction of future performance.

5.5 Pricing

The Website displays pricing for the Whisperstream Pro license. Prices are quoted in United States Dollars (USD) and are subject to change without notice. The final price at checkout, including any applicable taxes, discounts, or promotional adjustments, is determined by Polar as Merchant of Record. In the event of a discrepancy between a price displayed on the Website and the price shown at checkout, the checkout price prevails.

5.6 System requirements

System requirements and hardware recommendations displayed on the Website (including minimum RAM, supported Windows versions, and processor recommendations) are estimates based on internal testing. Meeting the stated requirements does not guarantee that the Software will perform optimally on your specific hardware configuration.

5.7 Free trial

The Website references a free trial of the Whisperstream desktop application. The terms, duration, and limitations of the free trial are described in the EULA and may change from time to time. The availability of a free trial on the Website does not create a binding obligation to maintain the free trial indefinitely.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LANREAL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE WEBSITE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LANREAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LANREAL'S TOTAL CUMULATIVE LIABILITY TO YOU UNDER OR IN CONNECTION WITH THESE TERMS, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, SHALL NOT EXCEED ONE HUNDRED CANADIAN DOLLARS (CAD $100).

THE WEBSITE IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, AND NON-INFRINGEMENT. LANREAL DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

The limitations and exclusions in this Section 6 apply to the fullest extent permitted by applicable law. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud or fraudulent misrepresentation.

The Website contains links to, embeds, or integrates with the following third-party services. Lanreal is not responsible for the content, privacy practices, availability, or terms of any third-party service.

• Polar Software Inc. (polar.sh). The purchase checkout is embedded on the Website as a Polar-hosted iframe. When you initiate a purchase, you interact directly with Polar's checkout system. Your purchase is governed by Polar's terms of service at https://polar.sh/legal/terms and Polar's privacy policy at https://polar.sh/legal/privacy.

• Hugging Face (huggingface.co). The Website may link to the Hugging Face model repository where the speech recognition model used by Whisperstream is hosted. Your use of Hugging Face's website is governed by Hugging Face's terms of service.

• GitHub (github.com). The Website may link to Lanreal's or third-party GitHub repositories for open-source components. Your use of GitHub is governed by GitHub's terms of service.

• Vercel (vercel.com). The Website is hosted on Vercel's platform. The Website uses Vercel Web Analytics for aggregate, cookieless, non-identifying website usage analytics.

• Cloudflare (cloudflare.com). The Website uses Cloudflare for DNS resolution. Cloudflare may set a security cookie for bot protection.

By clicking a link to a third-party website or interacting with an embedded third-party service on the Website, you acknowledge that Lanreal has no control over that third party and assumes no responsibility for its content, practices, or availability.

When using the Website, you agree not to:

(a) use the Website for any purpose that is unlawful or prohibited by these Terms;

(b) attempt to gain unauthorized access to the Website, its servers, or any systems or networks connected to the Website;

(c) use any automated system, software, or script (including bots, scrapers, spiders, or crawlers) to access the Website for any purpose, except for standard search engine indexing;

(d) interfere with, disrupt, or place an unreasonable burden on the Website or its infrastructure, including through denial-of-service attacks or similar methods;

(e) transmit any viruses, malware, worms, or other harmful code through or to the Website;

(f) impersonate Lanreal, a Lanreal employee, or any other person or entity, or falsely state or misrepresent your affiliation with any person or entity;

(g) use the Website to collect, harvest, or scrape personal information about other visitors;

(h) reproduce, republish, or redistribute Website content in violation of Section 4; or

(i) remove, obscure, or alter any copyright, trademark, or other proprietary notice displayed on the Website.

Lanreal's collection and use of personal information in connection with the Website is described in the Whisperstream Website Privacy Policy, available at https://whisperstream.io/privacy. By using the Website, you acknowledge that you have read and understood the Website Privacy Policy.

For information about how the Whisperstream desktop application handles your data, please refer to the separate application Privacy Policy, which is bundled with the Software installer and published at https://whisperstream.io/privacy-app.

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

The parties consent to the exclusive jurisdiction of the courts of the Province of Ontario for any dispute arising out of or relating to these Terms.

Nothing in these Terms excludes or limits any non-waivable statutory rights you may have under the consumer protection laws of your jurisdiction. Where mandatory consumer protection law provides you with greater rights than these Terms, those mandatory rights prevail to the extent of the inconsistency.

Lanreal may revise these Terms from time to time. When we do, we will update the version number and effective date at the top of this document. Minor clarifications that do not materially change your rights or obligations will increment the minor version (for example, from 1.0 to 1.1). Material changes will increment the major version (for example, from 1.0 to 2.0).

The current version of these Terms is always available at the URL where they are published on the Website. By continuing to use the Website after revised Terms are posted, you agree to be bound by the revised Terms. If you do not agree with a revision, you should stop using the Website.

Because the Website does not maintain user accounts or an email list, Lanreal does not currently operate a separate notification mechanism for changes to these Terms. This may change in a future version.

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the remaining provisions of these Terms shall remain in full force and effect.

No failure or delay by Lanreal in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or privilege preclude any other or further exercise thereof, or the exercise of any other right, power, or privilege.

These Terms, together with the Website Privacy Policy (https://whisperstream.io/privacy), constitute the entire agreement between you and Lanreal with respect to your use of the Website. These Terms do not govern your use of the Whisperstream desktop application, which is governed by the EULA.

These Terms have been drafted in English at the express request of the parties. Les parties ont expressement exige que les presentes conditions soient redigees en langue anglaise.

Questions about these Terms should be directed to:

Lanreal Technologies Inc. 18 King Street East, Suite 1400 Toronto, Ontario M5C 1C4 Canada

Email: support@whisperstream.io

Copyright (c) Lanreal Technologies Inc. All rights reserved.

---

This Reviewer Notes appendix is a DRAFT-only artifact. It will be removed from the Website Terms of Service before publication. It exists so that the Canadian technology lawyer reviewing this draft can see at a glance every clause where drafter judgment was uncertain and where a lawyer's call is specifically required. The lawyer reviewing these Terms is expected to be the same lawyer reviewing the desktop application EULA (EULA.md), the desktop application Privacy Policy (PRIVACY.md), and the Website Privacy Policy (WEBSITE_PRIVACY_DRAFT.md) in the same shared review session per Lanreal Launch Playbook Phase 4, and all four documents are intentionally consistent on company details, governing law, and regulatory posture.

Item 1: Browsewrap enforceability. These Terms rely on a "browsewrap" acceptance model: by using the Website, the visitor is deemed to have agreed. The Terms will be linked from the Website footer. The reviewer is asked to confirm whether this acceptance model is sufficient under Ontario law and, in particular, whether Lanreal needs a more prominent acceptance mechanism (such as a clickwrap checkbox during checkout) to make these Terms enforceable, given that the Website includes an embedded purchase checkout. If a clickwrap mechanism is needed, the reviewer should advise whether it is required only at the point of purchase (where Polar's own terms already have a clickwrap gate) or also for general browsing.

Item 2: Limitation of liability cap for a free-access website. Section 6 sets the Website liability cap at CAD $100. This is a nominal amount chosen because the Website is free to access and does not charge users directly (purchases are processed by Polar as Merchant of Record). The reviewer is asked to confirm that a nominal cap is appropriate for a free-to-access marketing website under Ontario law, and whether the cap should be denominated in CAD (to match the governing law jurisdiction) or USD (to match the product's pricing currency). The desktop EULA caps liability at the license fee paid, which is the standard pattern for paid software; the website ToS needed a different approach because no fee is paid to access the website itself.

Item 3: Consistency with Polar's Merchant of Record role. Section 2 states that purchases are subject to Polar's terms. The reviewer is asked to confirm that this adequately delineates responsibility between Lanreal and Polar, particularly with respect to: (a) refund obligations (the EULA Section 8 offers a 30-day refund, while Polar as MoR also has its own refund policies), (b) payment disputes (are chargebacks handled exclusively by Polar, or could they affect Lanreal's liability under these Terms?), and (c) whether Lanreal needs to disclaim liability for Polar's checkout availability or failures more explicitly than what Section 7 currently provides.

Item 4: Bill 96 / French translation for website Terms of Service. The EULA's Reviewer Notes Item 1 asks about Bill 96 (Quebec French translation) for contracts of adhesion. The reviewer should also address whether a website Terms of Service constitutes a contract of adhesion under Bill 96 and, if so, whether the same resolution chosen for the EULA (French translation, geo-block, or non-derogation plus "available on request") should be applied consistently to the website Terms. Section 16 includes the standard French-language acknowledgment clause, but this may not satisfy Bill 96 if a full translation is required. The reviewer is asked to provide a consistent answer across all four documents.

Item 5: Disclaimers for marketing claims. Section 5 includes disclaimers for specific marketing claims made on the Website, including "100% local," "under 50 MB RAM," "near-instant transcription," comparison tables with competitor pricing, and testimonials. The reviewer is asked to confirm that these disclaimers are sufficient to protect Lanreal against claims of misleading advertising under the Competition Act (Canada) and under applicable consumer protection statutes, particularly given the prominence of the privacy and performance claims in the marketing copy. The reviewer should also advise whether the testimonials section (Section 5.4) needs a more explicit disclosure about the relationship between Lanreal and the quoted individuals (e.g., whether they are paid, beta users, or fictional composites).

Item 6: Scope of "entire agreement" in the context of multiple documents. Section 15 states that these Terms plus the Website Privacy Policy constitute the entire agreement for the Website, and explicitly excludes the desktop EULA from the website agreement. Section 2 references the EULA and Polar's terms but does not incorporate them by reference. The reviewer is asked to confirm that this separation is correct and does not create a gap where (for example) a user who purchases through the Website could argue that a marketing claim on the Website modifies the warranty disclaimer in the EULA because the two documents are not linked by an integration clause.

Item 7: Automated access exception for search engines. Sections 4.2 and 8(c) carve out an exception for "standard search engine indexing." The reviewer is asked to confirm whether this exception is appropriately scoped or whether it should be narrowed (e.g., to robots.txt-compliant crawlers only) or broadened (e.g., to include AI training crawlers, which may be relevant given the AI/ML training prohibition in the EULA Section 7). If the Website should prohibit AI/ML training crawlers from indexing its content, the reviewer should advise on appropriate language and whether a robots.txt directive alone is sufficient or whether a contractual prohibition is also needed.

Item 8: Exclusive jurisdiction for website visitors. Section 10 uses exclusive Ontario court jurisdiction, consistent with the EULA's Section 16. The reviewer is asked to confirm that exclusive jurisdiction is enforceable for a browsewrap agreement with a global audience, and whether a forum selection clause in a website ToS receives less deference than one in a software EULA (which has clickwrap acceptance during installation). If the browsewrap acceptance model weakens the forum selection clause, the reviewer should advise on strengthening mechanisms.