Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") form a binding agreement between you and Woosh ("we", "us", or "Woosh") governing your use of the Woosh application, website, voice and messaging services (collectively, the "Service").

By creating an account, continuing as a guest, or otherwise using the Service you confirm that you have read, understood, and agreed to these Terms and the Privacy Policy. If you do not agree, do not use the Service.

2. The Service

Woosh is a real-time communications application that lets you exchange text messages, images and GIFs, communicate over voice channels, share your screen, and organise into servers and direct messages. The Service is provided free of charge. Features may change or be discontinued at any time.

3. Eligibility and age

You must be at least 13 years old to use the Service. If your country sets a higher digital-consent age under GDPR Article 8 (most EEA member states set it between 14 and 16), you must meet that higher age or have your parent's or guardian's consent. By registering you confirm that you meet the applicable age requirement and that the information you provide is accurate.

Guest accounts are subject to the same age requirement as registered accounts.

4. Your account

You are responsible for everything that happens under your account. Keep your password confidential and notify us at contact@woosh.no immediately if you believe your account has been accessed without your authorisation. We are not liable for loss resulting from your failure to safeguard your credentials.

You may delete your account at any time from in-app settings. Deletion is governed by the Privacy Policy.

5. Permitted use

You may use Woosh to:

• Send and receive text messages, images, and GIFs in channels and direct messages
• Participate in voice channels and share your screen
• Create or join servers and manage their members where you have permission to do so
• Customise your profile with a nickname and avatar

6. Prohibited conduct

You must not use the Service to:

• Post or share content that is illegal under the laws of Norway, the European Union, or your country of residence
• Post child sexual abuse material, terrorist content, or content that incites violence or hatred against protected groups
• Harass, threaten, defame, dox, or impersonate others
• Distribute spam, malware, phishing links, or unsolicited commercial messages
• Attempt to gain unauthorised access to other accounts, servers, or our infrastructure; scrape or reverse-engineer the Service
• Interfere with the operation of the Service or its security features
• Infringe intellectual-property rights belonging to anyone else

Copyright owners and other rightsholders can submit infringement notices through the notice-and-action form described in Section 7 below.

7. Reporting illegal content (DSA notice-and-action)

Anyone, whether a user or not, can report illegal content using our notice-and-action form. We will assess each properly-completed notice in a timely, non-arbitrary, objective manner, and notify the submitter and the affected user of our decision and the reasons for it, in accordance with Articles 16 and 17 of Regulation (EU) 2022/2065 (the Digital Services Act, "DSA").

8. Moderation and enforcement

We may remove content or restrict, suspend, or terminate accounts that violate these Terms, the Community Guidelines, or applicable law. When we take such action we will, where DSA Article 17 applies, provide a clear and specific statement of reasons including: the action taken, the facts on which it is based, the legal or contractual ground, and how to appeal.

You may appeal any moderation decision through our internal complaint-handling system at contact@woosh.no. We aim to respond to appeals within 14 days. Where you and we cannot resolve a dispute internally, you may also use a certified out-of-court dispute settlement body recognised under DSA Article 21.

In exceptional cases of serious or repeated violations, or where required by law (for example child sexual abuse material), we may suspend an account without prior notice. Such suspensions remain subject to the appeal process above.

9. Your content

You retain ownership of the messages, images, voice, and other content you submit through the Service ("Your Content"). By submitting Your Content you grant Woosh a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, transmit, and display Your Content for the sole purpose of operating and delivering the Service to you and to the other authorised recipients you choose. This licence ends when you (or another authorised user) delete Your Content, except for backup copies retained for the periods stated in the Privacy Policy and to the extent further retention is required by law.

You are solely responsible for Your Content and the consequences of sharing it. We do not pre-screen content but reserve the right to remove anything that violates these Terms, the Community Guidelines, or the law.

10. Third-party services

The Service relies on third-party providers listed in Section 6 of our Privacy Policy (Microsoft Azure, Google FCM, Apple APNs, KLIPY). We are not responsible for the practices or content of these third-party services. Their terms apply to your use of those services in addition to ours.

11. Privacy

Our processing of personal data is described in the Privacy Policy. The Privacy Policy is incorporated into these Terms by reference.

12. Disclaimers

To the maximum extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, timely, error-free, or free from harmful components.

This Section 12 does not exclude or limit any warranty or right you cannot waive under applicable consumer-protection law in your country of residence.

13. Liability

To the maximum extent permitted by law, neither Woosh nor its operators, employees, or agents shall be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, revenue, profit, or goodwill, arising out of or related to your use of, or inability to use, the Service.

Our aggregate liability arising out of or related to these Terms or the Service shall not exceed one hundred euros (EUR 100), except where liability cannot be limited under applicable law.

Nothing in these Terms limits or excludes our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any liability that cannot be limited or excluded under mandatory consumer-protection law in your country of residence.

14. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access to the Service in accordance with Section 8. Sections that by their nature should survive termination (in particular Sections 9, 11, 12, 13, 15, and 16) will continue to apply after termination.

15. Changes to these Terms

We may amend these Terms. Material changes will be announced in the application or by email at least 14 days before they take effect, and we will update the "Effective date" and "Version" at the top of this page. If you do not agree to a change, you may terminate your account before it takes effect; continued use after the effective date constitutes acceptance.

16. Governing law and dispute resolution

These Terms are governed by the laws of Norway, excluding its conflict-of-laws rules. The exclusive venue for any dispute is the courts of Norway, with Oslo District Court as the agreed legal venue.

If you are a consumer resident in the EEA, this clause does not deprive you of the protection of the mandatory provisions of the law of your country of residence, nor of your right to bring proceedings in the courts of your country of residence. Consumers in the EU may also use the European Commission's Online Dispute Resolution platform.

17. DSA points of contact

Pursuant to Articles 11 and 12 of Regulation (EU) 2022/2065 (the Digital Services Act):

• Single point of contact for Member State authorities, the European Commission and the European Board for Digital Services (Art. 11): contact@woosh.no. Communications accepted in English or Norwegian.
• Single point of contact for recipients of the Service (Art. 12): contact@woosh.no. Communications accepted in English or Norwegian. You may choose any electronic means of contact; we will reply by email.

We are not currently designated as a Very Large Online Platform under DSA Art. 33, and have not appointed a legal representative under Art. 13 because the operator is established in the EEA.

18. Accessibility

In line with Directive (EU) 2019/882 (the European Accessibility Act), we aim to make the Service usable by as many people as possible, including users with disabilities. Our development target is WCAG 2.2 Level AA. We are aware that not all features fully meet that standard today; in particular voice-channel and screen-share features rely on platform capabilities that are not always fully accessible. We treat accessibility improvements as ongoing work.

If you encounter an accessibility barrier or want to request an alternative way to use a specific feature, contact contact@woosh.no and we will respond within one month.

19. Contact