Terms of Service

These Terms of Service (the "Terms") govern your access to and use of the Whisma desktop application (the "App") and the website at https://whisma.com (the "Website"), together the "Service".

The Service is provided by Smart One Mariusz Tarnaski, with a registered address at ul. Kłobucka 8A m. 28, 02-699 Warsaw, Poland, NIP: 9512440445, REGON: 367647421 ("Whisma", "we", "us").

By creating an account, downloading the App, or otherwise using the Service, you agree to these Terms. If you do not agree, please do not use the Service.

1. What Whisma Is

Whisma is a desktop application that lets you use one or more Gmail and Google Workspace accounts, with features such as multi-panel layouts, desktop notifications, a system tray indicator, global keyboard shortcuts, and isolated sessions per account.

Whisma displays Google's own Gmail interface after you sign in to your Google account. Whisma is an independent product and is not endorsed by, sponsored by, or affiliated with Google LLC. "Gmail", "Google", and "Google Workspace" are trademarks of Google LLC.

2. Eligibility and Accounts

You must be at least 16 years old and able to enter into a binding contract to use the Service. To purchase a plan you create a Whisma account using your email address and a password. You are responsible for keeping your login credentials confidential and for all activity under your account.

You must provide accurate information and keep it up to date. You may close your account at any time from your dashboard or by contacting us.

3. License to Use the App

Subject to these Terms and to an active trial, subscription, or lifetime purchase, we grant you a personal, non-exclusive, non-transferable, revocable license to install and use the App on devices you own or control, for your own use.

You may not: (a) resell, rent, sublicense, or redistribute the App; (b) copy, modify, reverse engineer, decompile, or attempt to derive the source code, except to the extent this restriction is prohibited by applicable law; (c) remove or alter any proprietary notices; or (d) use the App to build a competing product.

Your license is tied to your account. Whisma may record which Gmail addresses are connected to your license, together with a device identifier, to enforce the terms of your plan. The App is licensed, not sold, to you.

4. Connecting Your Google Accounts

To use Whisma you sign in to your own Gmail or Google Workspace accounts through Google's official OAuth flow. Your use of those accounts remains subject to Google's own terms and policies. You are responsible for having the right to access any account you connect.

Whisma displays Gmail's interface; it does not store the content of your messages on our servers or transmit it to us. If you enable calendar features, Whisma connects to Google Calendar through the same OAuth flow, using permissions you grant to Google directly. How Whisma handles Google user data is described in our Privacy Policy.

5. Plans, Billing and Taxes

Whisma offers a Monthly plan, a Yearly plan, and a one-time Lifetime plan. Current prices are shown on our Pricing page and include applicable taxes where required.

Payments are processed by Polar, which acts as the merchant of record for purchases. By buying a plan you also agree to Polar's terms. Polar collects and handles your payment details and billing information; we do not receive or store your full card data.

The Monthly and Yearly plans renew automatically at the end of each billing period at the then-current price for that plan, unless you cancel before the renewal date. We will give reasonable notice of any price change before it applies to you. A VAT invoice is available on request.

6. Free Trial

New accounts include a 14-day free trial with full access to all features. No payment card is required to start the trial. When the trial ends you need an active subscription or lifetime purchase to keep using the App. We do not delete your account or settings when a trial ends, so you can subscribe whenever you are ready.

7. Right of Withdrawal and Refunds

If you are a consumer in the European Union, you normally have 14 days to withdraw from a distance contract for digital content. Because the App is digital content supplied immediately, by starting to use a paid plan within that period you ask us to begin performance at once and acknowledge that you lose the statutory right of withdrawal once supply has begun, to the extent permitted by law.

The free trial is designed to let you evaluate Whisma fully before paying. If something goes wrong with your purchase, contact us at [email protected] and we will review your request in good faith. Mandatory consumer rights under Polish and EU law are not affected by this section.

8. Cancellation and Termination

You can cancel a subscription at any time from "Manage billing" in your account. Cancellation stops future renewals; you keep access until the end of the current billing period. The Lifetime plan is a one-time purchase and is not a recurring subscription.

We may suspend or terminate your access if you materially breach these Terms, use the Service unlawfully, or attempt to circumvent licensing or security controls. Where the breach can be remedied, we will give you a reasonable chance to fix it first, unless doing so is not appropriate in the circumstances.

9. Acceptable Use

You agree not to use the Service to break the law, infringe the rights of others, distribute malware, or interfere with the operation or security of the Service. You agree not to share, resell, or otherwise make your license available to people outside your own use.

To protect our download waitlist forms from spam and automated abuse, the Website uses Google reCAPTCHA. By using those forms you also agree to the Google Privacy Policy and Terms of Service. How reCAPTCHA data is handled is described in our Privacy Policy.

10. Intellectual Property

The App, the Website, and all related software, design, and content are owned by Whisma or its licensors and are protected by intellectual property law. These Terms do not transfer any ownership to you. All rights not expressly granted are reserved.

11. Dependence on Google, Updates and Availability

We may release updates, change, or discontinue features over time to keep the App working, secure, and compatible with Gmail. Whisma depends on Google's services, which are outside our control, so we cannot guarantee uninterrupted availability. We do not provide an uptime guarantee for the Service.

Whisma works by connecting to your Google accounts through sign-in methods that rely on Google's systems. These methods are complex and depend entirely on Google. Google may, at any time and without notice, change its systems, restrict access, or block the way Whisma signs in. If that happens, some or all of the App's features, including the ability to add or use Google accounts, may stop working, either temporarily or permanently.

We cannot promise that a workaround will exist or that a blocked feature can be restored. Even where a technical alternative is theoretically possible, it may be impractical, unreliable, or too costly for us to build and maintain. For this reason we reserve the right to stop developing, updating, or operating Whisma, and to discontinue the App in whole or in part, at any time.

If access is restricted by Google or the App is discontinued for reasons connected to Google's systems or policies, this is outside our control and we are not responsible for it. Except where mandatory consumer law requires otherwise, such an event does not entitle you to a refund of fees already paid, including under the Lifetime plan, because the Service depends on Google and is not within our control. Your statutory consumer rights under Polish and EU law are not affected by this section.

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 fitness for a particular purpose and non-infringement. We do not warrant that the Service will be error-free or that it will always be compatible with future changes to Gmail. Nothing in this section limits warranties that cannot be excluded under applicable consumer law.

13. Limitation of Liability

To the extent permitted by law, Whisma will not be liable for indirect, incidental, or consequential damages, or for loss of data, profits, or goodwill arising from your use of the Service. Our total liability for any claim relating to the Service is limited to the amount you paid us for the Service in the 12 months before the event giving rise to the claim.

Nothing in these Terms excludes or limits our liability where it cannot be excluded by law, including liability for death or personal injury caused by negligence, for fraud, or under mandatory consumer protection rules.

14. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will update the date at the top of this page and, where appropriate, notify you. Continued use of the Service after changes take effect means you accept the updated Terms.

15. Governing Law

These Terms are governed by the law of Poland. If you are a consumer, you also benefit from any mandatory protections of the law of your country of residence, and you may bring proceedings in the courts that apply to you under those rules. Consumers may also use the EU online dispute resolution platform.

16. Contact

For questions about these Terms, please contact us at:

• Email: [email protected]
• Website: https://whisma.com/contact
• Address: Smart One Mariusz Tarnaski, ul. Kłobucka 8A m. 28, 02-699 Warsaw, Poland