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 voice 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 voice 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 voice 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.

4.4 AI Features

Certain features of the Service use artificial intelligence, including transcription, conversation summaries, semantic search, and compliance and intelligence tooling. These features are provided by specialist sub-processors (Deepgram for speech-to-text, and Amazon Web Services, through Amazon Bedrock in the United Kingdom, for language-model processing), who act only as our processors. Under our agreements with them, your audio, transcripts, and message Content are used only to deliver the requested output, are processed on a non-storage basis, and are not used to train, fine-tune, or improve their models. Further detail is set out in our Privacy Policy.

AI-generated outputs may be incomplete or inaccurate, are provided “as is”, and do not constitute professional, legal, financial, or compliance advice. You are responsible for independently verifying any output before relying on it.

4.5 Emergency Alerting and Location

The Service includes emergency alerting and location features. Where the organisation operating a Workspace enables them, the Service collects an individual’s location when that organisation needs to know where its people are — for example during an emergency alert, or while they are working at an event or site the organisation is running — so that it can coordinate them and responders can reach them. On our mobile applications this collection can continue while the application is in the background, and the device shows that location is in use while it does. An individual may also choose to send their position in a message.

Automatic location collection requires the feature to be enabled for the Workspace and the device to grant its own location permission, and is subject to the controls the Service gives the individual, including stopping it at any time and switching it off in the application’s settings. Location trails are deleted on a schedule set by the organisation operating the Workspace (30 days by default); a position sent in a message is retained with that message.

Where you operate a Workspace, you are the data controller for this processing. You are responsible for informing the individuals concerned — including any who are not your employees — that their location may be collected, and when, for identifying an appropriate lawful basis for it, and for ensuring that any opt-in presented in the Service is not relied upon as that lawful basis where consent could not be freely given. Further detail is set out in our Privacy Policy.

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 voice room by a Workspace Administrator, audio conversations may be recorded and transcribed. Transcription and other AI processing are performed by our sub-processors (Deepgram and Amazon Web Services) on a non-storage basis and without using your Content to train their models, as described in clause 4.4 and our Privacy Policy.

Where we process such Content, we do so as your data processor and you (or the organisation operating the Workspace) act as the data controller. It is the Administrator’s and controller’s responsibility to ensure that all participants are informed of, and where required consent to, recording, transcription, and AI processing in accordance with applicable law, including the Data Protection Laws and the Investigatory Powers (Interception by Businesses etc. for Monitoring and Record-keeping Purposes) Regulations 2018.

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 as products on a subscription basis, either monthly or for a fixed term. Pricing is displayed on our Pricing page and is subject to change with 30 days’ notice, except that a price agreed for a fixed term is held for that term.

There is no charge per user. The only fee that depends on a number of people is the voice licence, charged for each person in your Workspace who is given one.

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.
• Recurring fees (SMS recipient capacity, voice licences, Desktop Alerts licences and add-ons) are billed in advance: monthly, or annually in advance for a fixed term. Usage-based charges (SMS segments, transcription and dial-out minutes beyond the pooled allowances) are billed monthly in arrears.
• A fixed term (for example a 1-year or 3-year term for Desktop Alerts for education) is invoiced annually in advance, and each invoice is payable within 30 days of its date.
• Pooled usage allowances (transcription minutes and dial-out minutes) are calculated from the number of voice licences and are shared across the Workspace. Unused allowance does not roll over between billing periods.
• If you buy the Service through a reseller, the reseller invoices you and these payment terms apply between us and the reseller.

7.4 Refunds

Fees are non-refundable except where required by law. If you cancel a monthly subscription, you will retain access until the end of the current billing period. A fixed-term subscription runs, and is payable, for its whole term.

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 General Data Protection Regulation (UK GDPR), the Data Protection Act 2018, the Data (Use and Access) Act 2025, and all other data protection laws in force in England and Wales (together, the “Data Protection Laws”).

For personal data relating to your Account, billing, and use of our website, we act as the data controller. For Content created within your Workspace (including audio, recordings, transcripts, messages, and location collected under clause 4.5), we act as your data processor and you, or the organisation operating the Workspace, act as the data controller. Where we act as your processor, we will, on request, enter into a Data Processing Agreement that complies with Article 28 of the UK GDPR.

We engage the sub-processors identified in our Privacy Policy to help us provide the Service. Our AI sub-processors (Deepgram and Amazon Web Services) process Content only to deliver the requested transcription or AI output, on a non-storage basis, and are contractually prohibited from using it to train their models. We will give customers under a Data Processing Agreement reasonable notice of any intended changes to our sub-processors.

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, and fees for the rest of a fixed term you have agreed remain payable.

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 relies on, integrates with, or contains links to third-party services — including Stripe for payments, Amazon Web Services and Vercel for hosting and infrastructure, Amazon Web Services for email, Twilio for telephony and SMS, Deepgram for transcription, Amazon Bedrock (Amazon Web Services) for AI processing, and identity providers for SSO. These providers act as our sub-processors as described in clause 9 and our Privacy Policy. We are not responsible for the content, policies, or practices of third-party services that you separately choose to use, and your use of any such 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