Terms of Service

1. Acceptance of Terms

By downloading, installing, or using the WhalePrep mobile application (the “App”) or by accessing our website at whaleprep.com (the “Website”), you agree to be bound by these Terms of Service (the “Terms”). The App and the Website are referred to together as the “Services.” If you do not agree to these Terms, do not use the Services.

These Terms constitute a legally binding agreement between you and WhalePrep (“we,” “our,” or “us”).

2. Description of Service

WhalePrep is an AI-powered service designed to help users practice English-language job interview skills.

The App provides:

• Simulated interview practice sessions with AI-generated questions
• Voice recording and speech-to-text transcription of your answers
• AI-powered analysis, scoring, and feedback on your responses
• Personalized interview questions based on your profession, level, and resume
• Custom interview preparation based on specific job postings
• Progress tracking and performance statistics

The Website is a marketing and informational site. It provides product information, articles, guides, and download links to the App. The Website does not require an account and is provided for informational purposes only.

3. Eligibility

You must be at least 13 years old (or 16 years old in the European Economic Area) to use the Services. By using the Services, you represent and warrant that you meet this age requirement.

If you are under the age of 18, you must have the consent of a parent or legal guardian to use the Services.

4. Account Registration

4.1 Account Creation

Accounts are required only for the App. The Website does not have user accounts. To use the App, you must create an account using one of the following methods:

• Email and password
• Google Sign-In
• Sign in with Apple

You agree to provide accurate, current, and complete information during registration and to keep your account information up to date.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials. You agree to notify us immediately of any unauthorized use of your account.

We are not liable for any loss or damage arising from your failure to protect your account credentials.

4.3 One Account Per User

Each user may maintain only one account. We reserve the right to terminate duplicate accounts.

5. Subscriptions and Payments

5.1 Free Tier

The App offers limited free access, which includes up to one recruiter interview practice session per day.

5.2 Premium Subscription

Premium subscriptions provide unlimited access to all features. The following plans are available:

• Monthly: $9.99 per month
• Quarterly: $24.99 per 3 months
• Yearly: $59.99 per year

All plans include a 7-day free trial for eligible users.

Prices are in USD and may vary by region as determined by the Apple App Store. Prices shown on the Website are for reference and may differ from the prices charged by the App Store in your region.

5.3 Free Trial

New subscribers may be eligible for a 7-day free trial. During the trial period, you will not be charged. If you do not cancel before the trial ends, your subscription will automatically convert to a paid subscription at the applicable rate.

You may check your trial eligibility within the App before subscribing.

5.4 Billing and Renewal

• All payments are processed through the Apple App Store
• Subscriptions automatically renew at the end of each billing period unless cancelled
• Your Apple ID account will be charged for renewal within 24 hours prior to the end of the current period
• You can manage and cancel your subscription at any time through your device’s Settings > Apple ID > Subscriptions

5.5 Refunds

All purchases are processed by Apple. Refund requests must be submitted through Apple’s standard refund process. We do not process refunds directly. To request a refund, visit https://reportaproblem.apple.com or contact Apple Support.

5.6 Price Changes

We may change subscription prices at any time. Price changes will take effect at the start of the next billing period following the date of the price change. Your continued use of the App after a price change constitutes your agreement to pay the updated price.

6. User Content

6.1 Your Content

You retain ownership of all content you provide to the App, including:

• Voice recordings
• Interview answer transcripts
• Resumes and CVs
• Job posting links and descriptions
• Profile information

6.2 License to Use Your Content

By using the App, you grant us a limited, non-exclusive, non-transferable license to use, process, and store your content solely for the purpose of providing and improving the App’s services. This includes:

• Transcribing your audio recordings
• Analyzing your interview answers using AI
• Generating personalized interview questions from your resume or job postings
• Storing your interview history and scores

We will not share your individual content with other users or third parties except as described in our Privacy Policy.

6.3 Content Restrictions

You agree not to upload, submit, or provide any content that:

• Is illegal, harmful, threatening, abusive, or defamatory
• Infringes on any third party’s intellectual property rights
• Contains malware, viruses, or other harmful code
• Is intended to disrupt or abuse the service

7. AI-Generated Content

7.1 Nature of AI Content

The App uses artificial intelligence to generate interview questions, analyze your answers, provide scores, and offer improvement suggestions. You acknowledge that:

• AI-generated content is provided for educational and practice purposes only
• AI analysis may not always be accurate or complete
• Scores and feedback are approximate and should not be treated as professional assessments
• AI-generated interview questions may not reflect actual questions asked by specific employers

7.2 No Professional Advice

Neither the App, the Website, nor any articles, guides, or other content published on the Website provides professional career counseling, employment advice, or language certification. AI-generated feedback, blog posts, and guides are educational tools and should not be used as a substitute for professional guidance.

7.3 No Employment Guarantee

Using the Services does not guarantee any specific outcome in real job interviews. We make no representations or warranties regarding employment outcomes.

8. Acceptable Use

You agree to use the Services only for their intended purposes — interview practice and English language improvement in the App, and reading product and educational content on the Website. You agree not to:

• Reverse engineer, decompile, or disassemble the App
• Attempt to gain unauthorized access to the Services’ systems or servers
• Use the Services to develop competing products or services
• Use automated tools, bots, scrapers, or scripts to interact with the Services, except for well-behaved search-engine crawlers respecting our robots.txt
• Share your account credentials with others
• Exploit the App’s AI features for purposes unrelated to interview practice
• Circumvent any usage limitations or subscription requirements
• Exceed or attempt to bypass rate limits imposed on API requests
• Copy, redistribute, or republish substantial portions of the Website’s content (including blog articles and guides) without our written permission

8.1 Usage Limits

To ensure fair access and prevent abuse, the following limits apply in the App:

• Resumes: Up to 5 uploaded resumes per account
• Job vacancies: Up to 5 active vacancies per role/level combination; up to 20 new analyses per day
• API rate limits: Requests to AI-powered features (interview analysis, resume processing, voice generation, job analysis) are rate-limited per user. Exceeding these limits will result in temporary throttling (HTTP 429 responses), not account suspension.

9. Intellectual Property

9.1 Our Property

The Services, including the App and the Website — their design, code, AI models, interface, branding, and all written content (blog articles, guides, marketing copy, imagery) — are owned by us and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works based on any part of the Services without our written permission.

Limited personal, non-commercial use of the Website’s editorial content (such as quoting a short passage with attribution) is permitted under standard fair-use principles.

9.2 Feedback

If you provide us with feedback, suggestions, or ideas about the Services, you grant us an unrestricted, irrevocable, perpetual license to use such feedback for any purpose without compensation to you.

10. Third-Party Services

The Services integrate with third-party providers for functionality:

• Apple StoreKit — Payment processing (App)
• Google Sign-In — Authentication (App)
• Sign in with Apple — Authentication (App)
• OpenAI — AI-powered answer analysis, resume analysis, and speech transcription (App)
• Microsoft Azure Speech Services — Pronunciation assessment (App)
• ElevenLabs — Text-to-speech for interview questions (App)
• SendGrid (Twilio) — Transactional emails such as password reset (App)
• Mixpanel — Analytics (App and Website)
• Railway — Hosting for the Website

Your use of these services is subject to their respective terms of service. We are not responsible for the practices or policies of third-party service providers.

11. Disclaimers

11.1 “As Is” Service

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11.2 Service Availability

We do not guarantee that the Services will be available at all times, uninterrupted, or error-free. We may modify, suspend, or discontinue the Services or any part of them at any time without notice.

11.3 AI Accuracy

We do not warrant the accuracy, completeness, or usefulness of any AI-generated content, including interview questions, answer analyses, scores, or improvement suggestions.

11.4 Website Content

Articles, guides, and other editorial content on the Website are published for general informational purposes. Information may become outdated and we do not guarantee that it remains current at the time you read it.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

13. Account Termination

13.1 By You

You may delete your account at any time through the App (Profile > Delete Account). Upon deletion, your personal data will be removed in accordance with our Privacy Policy.

Deleting your account does not automatically cancel your subscription. You must cancel your subscription separately through the Apple App Store before deleting your account.

13.2 By Us

We reserve the right to suspend or terminate your account, or to restrict your access to the Website, at any time if:

• You violate these Terms
• Your use of the Services poses a risk to other users or our systems
• We are required to do so by law

14. Changes to These Terms

We may modify these Terms at any time. The current version is always available at whaleprep.com/legal/terms. Material changes will be communicated by:

• Posting the updated Terms on the Website and within the App
• Updating the “Last Updated” date at the top of this document

Your continued use of the Services after changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Services and delete your account.

15. Governing Law

These Terms shall be governed by and construed in accordance with applicable law, without regard to conflict of law principles.

Any disputes arising from these Terms or your use of the Services shall be resolved through good-faith negotiation. If negotiation fails, disputes shall be submitted to binding arbitration in accordance with applicable arbitration rules.

16. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding your use of the Services.

18. Contact Us

If you have any questions about these Terms, please contact us at:

Email: whaleprep.app@proton.me