Terms & Conditions

These Terms & Conditions (“Terms”) govern your access to and use of the whoot. platform, website, and related services (the “Service”) provided by Eager Lobster Ltd, trading as “whoot” (“we”, “us”, “our”), a company registered in England and Wales (Company Number 17038042) with its registered office at First Floor 1 Des Roches Sq, Witan Way, Witney, England, OX28 4BE.

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service. These Terms should be read alongside our Privacy Policy.

1. Definitions

• “Account” — your individual user account created to access the Service.
• “Workspace”(also “Tenant”) — an isolated organisational unit within the Service, containing rooms, members, settings, and billing.
• “Administrator” — a user with administrative privileges within a Workspace.
• “Content” — any data, audio, text, recordings, transcriptions, messages, or other material uploaded, transmitted, or generated through the Service.
• “Plan Features” — capabilities included in the Service such as recording, transcription, and room dial out, subject to any usage allowances and overage terms described herein.

2. Eligibility

You must be at least 18 years of age and have the legal capacity to enter into a binding contract. If you are using the Service on behalf of an organisation, you represent and warrant that you have authority to bind that organisation to these Terms.

3. Account Registration

• You must provide accurate, complete, and current information when creating an Account.
• You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account.
• You must notify us immediately at [email protected] if you suspect any unauthorised use of your Account.
• We reserve the right to suspend or terminate Accounts that violate these Terms.

4. The Service

4.1 Description

whoot. is a real-time voice communication platform providing persistent audio rooms, push-to-talk, recording, transcription, and PSTN dial out — all included in a single per-user plan.

4.2 Availability

We will use reasonable endeavours to make the Service available 24 hours a day, 7 days a week. However, we do not guarantee uninterrupted access. We may suspend the Service for maintenance, updates, or reasons beyond our reasonable control.

4.3 Modifications

We reserve the right to modify, update, or discontinue any part of the Service at any time. We will provide reasonable notice of material changes where practicable.

5. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law or regulation.
• Transmit any material that is defamatory, obscene, threatening, harassing, or otherwise objectionable.
• Attempt to gain unauthorised access to the Service, other Accounts, or any systems or networks connected to the Service.
• Interfere with or disrupt the integrity or performance of the Service.
• Use the Service to transmit viruses, malware, or any other harmful code.
• Reverse-engineer, decompile, or disassemble any part of the Service.
• Resell, sublicense, or distribute access to the Service without our prior written consent.
• Record conversations using the Service without appropriate consent where required by applicable law.

6. Content

6.1 Your Content

You retain ownership of all Content you submit or generate through the Service. By using the Service, you grant us a limited, non-exclusive licence to process, store, and transmit your Content solely for the purpose of providing the Service.

6.2 Recordings and Transcriptions

If recording or transcription is enabled on a room by a Workspace Administrator, audio conversations may be recorded and transcribed. It is the Administrator’s responsibility to ensure that all participants are informed of and consent to recording in accordance with applicable law.

6.3 Content Deletion

When you delete Content or your Account, we will delete your Content in accordance with our Privacy Policy. Copies may be retained in backups for a limited period and will be overwritten in the normal course of operations.

7. Fees and Payment

7.1 Subscription

The Service is offered on a subscription basis. Pricing is displayed on our Pricing page and is subject to change with 30 days’ notice.

7.2 Free Trial

We may offer a free trial period. At the end of the trial, your Workspace will be restricted unless you add a valid payment method. We will not charge you without prior notification.

7.3 Payment

• All fees are quoted in the currency displayed at the time of purchase and are exclusive of VAT unless stated otherwise.
• Payments are processed by Stripe. By providing payment details, you authorise us to charge the applicable fees.
• Per-user fees are billed in advance on a monthly basis. Usage-based charges (e.g. transcription and dial-out overage beyond pooled allowances) are billed in arrears at the end of each billing cycle.
• Pooled usage allowances (transcription minutes and dial-out minutes) are calculated based on the number of licensed users and are shared across the Workspace. Unused allowance does not roll over between billing periods.

7.4 Refunds

Fees are non-refundable except where required by law. If you cancel your subscription, you will retain access until the end of the current billing period.

7.5 Late Payment

If payment fails, we will notify you and provide a reasonable grace period. If payment remains outstanding, we reserve the right to suspend or restrict access to the Service.

8. Intellectual Property

8.1 Our Intellectual Property

The Service, including all software, design, text, graphics, logos, and trademarks, is owned by or licensed to Eager Lobster Ltd and is protected by copyright, trademark, and other intellectual property laws of England and Wales and international treaties.

8.2 Licence

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business purposes.

8.3 Feedback

If you provide suggestions, ideas, or feedback about the Service, you grant us a perpetual, irrevocable, royalty-free licence to use such feedback for any purpose without obligation to you.

9. Data Protection

We process personal data in accordance with our Privacy Policy and in compliance with the UK GDPR and the Data Protection Act 2018. Where we process personal data on your behalf (as a data processor), we will enter into an appropriate data processing agreement upon request.

10. Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other party in connection with the Service, and to use such information only for the purposes contemplated by these Terms.

11. Limitation of Liability

11.1 Exclusions

Nothing in these Terms excludes or limits our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; or any other liability that cannot be excluded or limited by English law.

11.2 Cap on Liability

Subject to clause 11.1, our total aggregate liability arising out of or in connection with these Terms or the Service (whether in contract, tort, negligence, breach of statutory duty, or otherwise) shall not exceed the greater of: (a) the total fees paid by you in the 12 months immediately preceding the event giving rise to the claim; or (b) £100.

11.3 Indirect Losses

Subject to clause 11.1, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, business opportunity, or goodwill, whether or not foreseeable.

12. Indemnification

You agree to indemnify and hold harmless Eager Lobster Ltd, its directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Service; (b) your breach of these Terms; (c) your Content; or (d) your violation of any law or third-party rights.

13. Termination

13.1 By You

You may terminate your Account at any time by contacting us or through your account settings. Upon termination, your right to use the Service ceases immediately. Fees already paid are non-refundable.

13.2 By Us

We may suspend or terminate your access to the Service immediately if: (a) you breach these Terms; (b) your use of the Service poses a security risk; (c) we are required to do so by law; or (d) your Account has been inactive for an extended period.

13.3 Effect of Termination

Upon termination, clauses that by their nature should survive will continue in force, including (but not limited to) Intellectual Property, Limitation of Liability, Indemnification, and Governing Law.

14. Force Majeure

We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including (without limitation) natural disasters, war, terrorism, pandemics, strikes, government actions, utility or telecommunications failures, or cyberattacks.

15. Third-Party Services

The Service may integrate with or contain links to third-party services (e.g. Stripe for payments, identity providers for SSO). We are not responsible for the content, policies, or practices of third-party services. Your use of third-party services is at your own risk and subject to their respective terms.

16. Notices

We may send notices to you by email to the address associated with your Account or by posting a notice on the Service. Notices are deemed received when sent by email or 24 hours after posting. You may send notices to us at [email protected].

17. General

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us with respect to the Service and supersede all prior agreements, understandings, or representations.

17.2 Severability

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

17.3 Waiver

No failure or delay by us in exercising any right under these Terms shall constitute a waiver of that right.

17.4 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 without restriction.

17.5 No Third-Party Rights

These Terms do not confer any rights on any person or party other than the parties to these Terms pursuant to the Contracts (Rights of Third Parties) Act 1999.

18. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

19. Contact Us

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

• Email: [email protected]
• Post: Eager Lobster Ltd, First Floor 1 Des Roches Sq, Witan Way, Witney, England, OX28 4BE